[Federal Register Volume 72, Number 208 (Monday, October 29, 2007)]
[Rules and Regulations]
[Pages 61052-61055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20969]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 33, 35, 154, 157, 300, 375, 376

[Docket No. RM07-22-000; Order No. 701]


Delegations to Office of Electric Reliability

Issued October 19, 2007.
AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final Rule.

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SUMMARY: This Final Rule revises the Commission's regulations to 
delegate authority to the newly established Office of Electric 
Reliability to allow that office to process routine, non-controversial 
matters efficiently. The rule also makes conforming changes to account 
for changes in office names.

DATES: Effective Date: This rule will become effective October 29, 
2007.

FOR FURTHER INFORMATION CONTACT: Wilbur Miller, Office of the General 
Counsel, 888 First Street, NE., Washington, DC 20426, (202) 502-8953. 
[email protected].

SUPPLEMENTARY INFORMATION:

Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. 
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.

I. Discussion

    1. On September 20, 2007, the Commission announced the creation of

[[Page 61053]]

the Office of Electric Reliability (OER) to focus on the development 
and implementation of mandatory and enforceable reliability standards 
for the nation's bulk power system. OER was formerly a division of the 
Office of Energy Markets and Reliability, which will now be called the 
Office of Energy Market Regulation (OEMR). The organizational change 
will help implement the Commission's new regulatory authorities under 
section 215 of the Energy Policy Act of 2005.\1\ To enable OER to carry 
out its functions as efficiently as possible, this Final Rule adds a 
new section to the Commission's regulations, 18 CFR 375.314, to 
delegate to OER the authority necessary to process routine matters. 
These delegations are intended to apply to uncontested, non-
controversial matters. This Final Rule also revises a number of 
regulations to update office names.
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    \1\ Pub. L. 109-58, sections 1211, 119 Stat. 594, 941-46 (2005) 
(to be codified at 16 U.S.C. 824o).
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II. Information Collection Statement

    2. The Office of Management and Budget's (OMB) regulations require 
that OMB approve certain information collection requirements imposed by 
agency rule.\2\ This Final Rule does not contain information reporting 
requirements and is not subject to OMB approval.
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    \2\ 5 CFR Part 1320.
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III. Environmental Analysis

    3. 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 quality of the human 
environment.\3\ Issuance of this Final Rule does not represent a major 
federal action having a significant adverse effect on the quality of 
the human environment under the Commission's regulations implementing 
the National Environmental Policy Act. Part 380 of the Commission's 
regulations lists exemptions to the requirement to draft an 
Environmental Analysis or Environmental Impact Statement. Included is 
an exemption for procedural, ministerial or internal administrative 
actions.\4\ This rulemaking is exempt under that provision.
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    \3\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 
] 30,783 (1987).
    \4\ 18 CFR 380.4(1) and (5).
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IV. Regulatory Flexibility Act

    4. The Regulatory Flexibility Act of 1980 (RFA) \5\ generally 
requires a description and analysis of final rules that will have a 
significant economic impact on a substantial number of small entities. 
This Final Rule concerns matters of internal agency procedure and the 
Commission therefore certifies that it will not have such an impact. An 
analysis under the RFA is not required.
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    \5\ 5 U.S.C. 601-12.
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V. Document Availability

    5. 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 the Commission's Home Page (http://www.ferc.gov) and 
in the Commission'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.
    6. From the Commission's Home Page on the Internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    7. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or e-mail at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. E-mail the Public Reference Room at 
[email protected].

VI. Effective Date and Congressional Notification

    8. These regulations are effective immediately upon publication in 
the Federal Register. In accordance with 5 U.S.C. 553(d)(3), the 
Commission finds that good cause exists to make this Final Rule 
effective immediately. It concerns only matters of internal operations 
and will not affect the rights of persons appearing before the 
Commission. There is therefore no reason to make this rule effective at 
a later time.
    9. The provisions of 5 U.S.C. 801 regarding Congressional review of 
Final Rules do not apply to this Final Rule, because this Final Rule 
concerns agency procedure and practice and will not substantially 
affect the rights of non-agency parties.
    10. The Commission is issuing this as a Final Rule without a period 
for public comment. Under 5 U.S.C. 553(b), notice and comment 
procedures are unnecessary where a rulemaking concerns only agency 
procedure and practice, or where the agency finds that notice and 
comment is unnecessary. This rule concerns only matters of internal 
agency procedure and will not significantly affect regulated entities 
or the general public.

List of Subjects

18 CFR Part 33

    Electric utilities, Reporting and recordkeeping requirements, 
Securities.

18 CFR Part 35

    Electric power, Reporting and recordkeeping requirements.

18 CFR Part 154

    Alaska, Natural gas, Natural gas companies, Pipelines, Rate 
schedules and tariffs, Reporting and recordkeeping requirements.

18 CFR Part 157

    Administrative practice and procedure, Natural gas, Reporting and 
recordkeeping requirements.

18 CFR Part 300

    Electric power, Reporting and recordkeeping requirements.

18 CFR Part 375

    Authority delegations (Government agencies), Seals and insignia, 
Sunshine Act.

18 CFR Part 376

    Civil defense, Organization and functions (Government agencies).

    By the Commission.
Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.

0
In consideration of the foregoing, the Commission amends parts 33, 35, 
154, 157, 300, 375 and 376, Chapter I, Title 18, Code of Federal 
Regulations, as follows.

PART 33--APPLICATIONS UNDER FEDERAL POWER ACT SECTION 203

0
1. The authority citation for part 33 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352; Pub. L. 109-58, 119 Stat. 594.


Sec.  33.10  [Amended]

0
2. Section 33.10 is amended by removing the phrase ``Markets and 
Reliability'' and adding in its place the phrase ``Market Regulation.''

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

0
3. The authority citation for part 35 continues to read as follows:


[[Page 61054]]


    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352.


Sec.  35.2  [Amended]

0
4. Section 35.2(c) is amended by removing the phrase ``Markets and 
Reliability'' and adding in its place the phrase ``Market Regulation.''


Sec.  35.5  [Amended]

0
5. Section 35.5(b) is amended by removing the phrase ``Markets and 
Reliability'' and adding in its place the phrase ``Market Regulation.''


Sec.  35.13  [Amended]

0
6. Section 35.13(a)(3) is amended by removing the phrase ``Markets and 
Reliability'' and adding in its place the phrase ``Market Regulation.''

PART 154--RATE SCHEDULES AND TARIFFS

0
7. The authority citation for part 154 continues to read as follows:

    Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.

Sec.  154.5  [Amended]

0
8. Section 154.5 is amended by removing the phrase ``Markets and 
Reliability'' and adding in its place the phrase ``Market Regulation.''


Sec.  154.302  [Amended]

0
9. Section 154.302(b) is amended by removing the phrase ``Markets and 
Reliability'' and adding in its place the phrase ``Market Regulation.''

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND 
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER 
SECTION 7 OF THE NATURAL GAS ACT

0
10. The authority citation for part 157 continues to read as follows:

    Authority: 15 U.S.C. 717-717w.


Sec.  157.8  [Amended]

0
11. Section 157.8(a) and (c) are amended by removing the phrase 
``Markets and Reliability'' and adding in its place the phrase ``Market 
Regulation''.

PART 300--CONFIRMATION AND APPROVAL OF THE RATES OF FEDERAL POWER 
MARKETING ADMINISTRATIONS

0
12. The authority citation for part 300 continues to read as follows:

    Authority: 16 U.S.C. 825s, 832-832l, 838-838k, 839-839h; 42 
U.S.C. 7101-7352; 43 U.S.C. 485-485k.


Sec.  300.10  [Amended]

0
13. Section 300.10(h)(2) is amended by removing the phrase ``Markets 
and Reliability'' and adding in its place the phrase ``Market 
Regulation.''


Sec.  300.20  [Amended]

0
14. Section 300.20(b)(1)(i) is amended by removing the phrase ``Markets 
and Reliability'' and adding in its place the phrase ``Market 
Regulation.''

PART 375--THE COMMISSION

0
15. The authority citation for part 375 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352; / 42 U.S.C. 16451-
16463.


0
16. Section 375.307 is amended by revising the section heading to read 
as set forth below, by removing paragraph (a)(2), by redesignating 
paragraphs (a)(3) through (a)(11) as paragraphs (a)(2) through (a)(10), 
and by amending paragraphs (b)(1)(i), (b)(2)(i), and (b)(3)(ii) to 
remove the phrase ``Markets and Reliability'' and add in its place the 
phrase ``Market Regulation.''


Sec.  375.307  Delegations to the Director of the Office of Energy 
Market Regulation.

* * * * *

0
17. Part 375 is amended by adding new Sec.  375.314 as follows:


Sec.  375.314  Delegations to the Director of the Office of Electric 
Reliability.

    The Commission authorizes the Director or the Director's designee 
to:
    (a) Program-Specific Delegated Authority: Take the following 
actions with respect to the following programs:
    (1) Section 206 of the Public Utility Regulatory Policy Act of 1978 
and corresponding Section 202(g) of the Federal Power Act.
    (i) Accept for filing all uncontested contingency plans regarding 
shortages of electric energy or capacity, circumstances which may 
result in such shortages, and accommodations of any such shortages or 
circumstances, if said contingency plans comply with all applicable 
statutory requirements, and with all applicable Commission rules, 
regulations and orders for which waivers have not been granted, or if 
waivers have been granted by the Commission, if the filings comply with 
the terms of the waivers;
    (ii) Reject a contingency plan regarding shortages of electric 
energy or capacity, unless accompanied by a request for waiver in 
conformity with Sec.  385.2001 of this chapter, if it fails patently to 
comply with applicable statutory requirements and with all applicable 
Commission rules, regulations and orders;
    (iii) Sign and issue deficiency letters;
    (iv) Act on any request or petition for waiver, consistent with 
Commission policy.
    (2) Section 215 of the Federal Power Act.
    (i) Approve uncontested applications, including uncontested 
revisions to Electric Reliability Organization or Regional Entity rules 
or procedures;
    (ii) Reject an application, unless accompanied by a request for 
waiver in conformity with Sec.  385.2001 of this chapter, if it fails 
patently to comply with applicable statutory requirements or with all 
applicable Commission rules, regulations or orders;
    (iii) Act on any request or petition for waiver, consistent with 
Commission policy;
    (iv) Sign and issue deficiency letters; and
    (v) Direct the Electric Reliability Organization, Regional 
Entities, or users, owners, and operators of the Bulk-Power System 
within the United States (not including Alaska and Hawaii) to provide 
such information as is necessary to implement Section 215 of the 
Federal Power Act (16 U.S.C. 824o) pursuant to Sec. Sec.  39.2(d) and 
39.11 and Part 40 of this chapter.
    (b) Non-Program-Specific Delegated Authority:
    (1) Take appropriate action on:
    (i) Any notice of intervention or motion to intervene filed in an 
uncontested proceeding processed by the Office of Electric Reliability; 
and
    (ii) Applications for extensions of time to file required filings, 
reports, data and information and to perform other acts required at or 
within a specific time by any rule, regulation, license, permit, 
certificate, or order by the Commission.
    (2) Take appropriate action on requests or petitions for waivers of 
filing requirements for the appropriate statements and reports 
processed by the Office of Electric Reliability pursuant to Sec. Sec.  
141.51 and 141.300 of this chapter; and
    (3) Undertake the following actions:
    (i) Issue reports for public information purposes. Any report 
issued without Commission approval must:
    (A) Be of a noncontroversial nature, and
    (B) Contain the statement, ``This report does not necessarily 
reflect the views of the Commission,'' in bold face type on the cover;
    (ii) Upon request or otherwise, issue staff position papers to 
further the

[[Page 61055]]

Electric Reliability Organization and Regional Entity reliability 
standard development process. Any such staff position paper issued 
without Commission approval must contain the statement, ``This position 
paper does not necessarily reflect the views of the Commission,'' in 
bold face type on the cover;
    (iii) Issue and sign requests for additional information regarding 
applications, filings, reports and data processed by the Office of 
Electric Reliability.
    (iv) Accept for filing, data and reports required by Commission 
regulations, rules or orders, or presiding officers' initial decisions 
upon which the Commission has taken no further action, if such filings 
are in compliance with such regulations, rules, orders or decisions 
and, when appropriate, notify the filing party of such acceptance.

PART 376--ORGANIZATION, MISSION, AND FUNCTIONS; OPERATIONS DURING 
EMERGENCY CONDITIONS

0
18. The authority citation for part 376 continues to read as follows:

    Authority: 5 U.S.C. 553; 42 U.S.C. 7101-7352; E.O. 12009; 3 CFR 
1978 Comp., p. 142.


0
19. Section 376.204 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  376.204  Delegation of Commission's authority during emergency 
conditions.

* * * * *
    (b) * * *
    (2) The list referred to in paragraph (b)(1) of this section is:
    (i) The Executive Director;
    (ii) Director of the Office of Energy Market Regulation;
    (iii) Director of the Office of Energy Projects;
    (iv) Director of the Office of Electric Reliability;
    (v) General Counsel;
    (vi) Director of the Office of Enforcement;
    (vii) Deputy Directors, Office of Energy Market Regulation, in 
order of seniority;
    (viii) Deputy Directors, Office of Energy Projects, in order of 
seniority;
    (ix) Deputy Directors, Office of Electric Reliability, in order of 
seniority;
    (x) Deputy General Counsels, in order of seniority;
    (xi) Associate General Counsels and Solicitor, in order of 
seniority;
    (xii) Assistant Directors and Division heads, Office of Energy 
Market Regulation; Assistant Directors and Division heads, Office of 
Energy Projects; Assistant Directors and Division heads, Office of 
Electric Reliability; Deputy Associate General Counsels; and Assistant 
Directors and Division heads, Office of Enforcement; in order of 
seniority.
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[FR Doc. E7-20969 Filed 10-26-07; 8:45 am]
BILLING CODE 6717-01-P