[Federal Register Volume 70, Number 115 (Thursday, June 16, 2005)]
[Rules and Regulations]
[Pages 35027-35028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11554]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 294

[Docket No. RM05-19-000; Order No. 659]


Electronic Reporting of Shortages and Anticipated Shortages of 
Electric Energy and Capacity

Issued May 27, 2005.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission is revising its 
regulations to provide that the means by which public utilities must 
report shortages and anticipated shortages of electric energy and 
capacity is by submitting an electronic filing via the Division of 
Reliability's pager system at [email protected], instead of filing 
with the Secretary of the Commission.

EFFECTIVE DATE: The rule will become effective June 16, 2005.

FOR FURTHER INFORMATION CONTACT: Jonathan E. First, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, 
(202) 502-8529.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell, 
Joseph T. Kelliher, and Suedeen G. Kelly.

    1. This Final Rule amends part 294 of the Federal Energy Regulatory 
Commission's (Commission's) regulations, 18 CFR part 294 (2004), to 
provide that the means by which public utilities must comply with the 
requirement to report shortages and anticipated shortages of electric 
energy and capacity is by submitting a single electronic filing to the 
Commission via the Division of Reliability's pager system at 
[email protected], in lieu of the current requirement to file an 
original and two copies with the Secretary of the Commission.
    2. Section 202(g) of the Federal Power Act, 16 U.S.C 824a(g) 
(2000), which implements section 206 of the Public Utility Regulatory 
Policies Act of 1978 (Continuance of Service), directs the Commission 
to promulgate a rule requiring that each public utility report 
``promptly'' to the Commission and appropriate state regulatory 
authorities any anticipated shortage of electric energy or capacity 
which would affect the public utility's ability to serve its wholesale 
customers.
    3. In conformance with this statutory provision, Part 294 of the 
Commission's regulations defines ``anticipated shortage of electric 
energy or capacity'' and sets forth reporting requirements for public 
utilities. Among other things, a report filed pursuant to Part 294 must 
include the nature and projected duration of the anticipated shortage, 
a list of firm wholesale customers likely to be affected by the 
shortage, procedures for accommodating the shortage and a contact 
person at the public utility.\1\ Section 294.101(e) of the Commission's 
regulations, 18 CFR 294.101(e) (2004), provides that a public utility 
that submits a report pursuant to Part 294 must file an original and at 
least two copies to the Commission as well as one copy to relevant 
state regulators and firm power wholesale customers, ``unless otherwise 
required by the Commission.''
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    \1\ 18 CFR 294.101(c) (2004). Alternatively, 18 CFR 294.101(f) 
(2004) states that a public utility that provides in its rate 
schedule that it will notify appropriate states regulators and its 
firm power wholesale customers of anticipated shortages need only 
report to the Commission the nature and projected duration of the 
anticipated shortage and supply a list of firm power wholesale 
customers affected or likely to be affected.
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    4. Generally, documents filed with the Commission must be submitted 
to the Secretary of the Commission, 18 CFR 375.105(c) (2004). However, 
time may be of the essence when a public utility is experiencing a 
shortage or anticipated shortage of electric energy or capacity. The 
Commission must receive information in as close to real time as 
possible for it to monitor meaningfully and, if appropriate, react to 
the situation. Accordingly, the Commission is revising section 
294.101(e) of its regulations to provide that the means by which public 
utilities must comply with the requirement to report shortages and 
anticipated shortages of electric energy and capacity is by promptly 
submitting a single electronic report to the Commission via the 
Division of Reliability's electronic pager system at 
[email protected].

Information Collection Statement

    5. The Office of Management and Budget's (OMB) regulations require 
that OMB approve certain information collection requirements imposed by 
the agency. 5 CFR part 1320. This Final Rule, which requires a single 
electronic submission under part 294 of the Commission's regulations 
and eliminates the filing of copies, is not subject to OMB approval.

Environmental Analysis

    6. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant adverse effect on the human environment.\2\ The 
Commission has categorically excluded certain actions from this 
requirement as not having a significant effect on the human 
environment. Included are exemptions for procedural or ministerial 
actions and for information gathering.\3\ This rulemaking is exempt 
under those provisions.
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    \2\ Order No. 486, Regulations Implementing the National 
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & 
Regs. Preambles 1986-1990 ] 30,783 (1987).
    \3\ 18 CFR 380.4(a)(1) and (5) (2004).
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Regulatory Flexibility Act Certification

    7. The Regulatory Flexibility Act of 1980 \4\ generally requires a 
description and analysis of final rules that will have significant 
economic impact on a substantial number of small entities. This Final 
Rule does not create any new substantive obligations and eliminates the 
filing of copies under part 294 of the Commission's regulations. This 
change will have no significant economic impact on a substantial number 
of small entities. Accordingly, no regulatory flexibility analysis is 
required.
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    \4\ 5 U.S.C. 601-612 (2000).
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Document Availablity

    8. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's 
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. 
eastern time) at 888 First Street, NE., Room 2A, Washington DC 20426.

[[Page 35028]]

    9. From FERC's Home Page on the Internet, this information is 
available in the Federal Energy Regulatory Records Information System 
(FERRIS). The full text of this document is available on FERRIS in PDF 
and Microsoft Word format for viewing, printing, and/or downloading. To 
access this document in FERRIS, type the docket number excluding the 
last three digits of this document in the docket number field.
    10. User assistance is available for FERRIS and the FERC's Web site 
during normal business hours from our Help line at (202) 502-8222 or 
the Public Reference Room at (202) 502-8371 Press 0, TTY (202) 502-
8659. E-Mail the Public Reference Room at 
[email protected].

Effective Date and Congressional Notification

    11. In accordance with 5 U.S.C. 553(d)(3), the Commission finds 
that good cause exists to make this Final Rule effective immediately 
upon issuance. This Rule affects only the manner of filing under Part 
294 of the Commission's regulations and eliminates the filing of copies 
with the Commission. The Commission further finds that a period of 
public comment on this rule is unnecessary. Under 5 U.S.C. 553(b), 
notice and comment procedures are unnecessary where a rulemaking 
concerns only agency procedures and practice, or where the agency finds 
that notice and comment is unnecessary. This rule concerns only the 
manner of filing under Part 294 of the Commission's regulations and 
eliminates the filing of copies with the Commission. It will not 
significantly affect regulated entities or the general public.
    12. The provisions of 5 U.S.C. 801 regarding Congressional review 
of Final Rules does not apply to this Final Rule, because the rule 
concerns agency procedure and practice and will not substantially 
affect the rights of non-agency parties.

List of Subjects in 18 CFR Part 294

    Filing requirements.

    By the Commission.
Linda Mitry,
Deputy Secretary.

0
In consideration of the foregoing, the Commission amends Part 294, 
Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 294--PROCEDURES FOR SHORTAGES OF ELECTRIC ENERGY CAPACITY 
UNDER SECTION 206 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 
1978

0
1. The authority citation for Part 294 continues to read as follows:

    Authority: 5 U.S.C. 553; 15 U.S.C. 791a-825r; 42 U.S.C. 7107-
7352.


0
2. Section 294.101 is amended by revising paragraph (e) to read as 
follows:


Sec.  294.101  Shortages of electric energy and capacity.

* * * * *
    (e) Reporting Procedure. Any public utility that reports under this 
part must provide an electronic filing to this Commission at 
[email protected] and one copy to any state regulatory authority and 
firm power wholesale customers, unless otherwise required by the 
Commission.
* * * * *
[FR Doc. 05-11554 Filed 6-15-05; 8:45 am]
BILLING CODE 6717-01-P