[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Rules and Regulations]
[Pages 6540-6541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2686]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 375

[Docket No. RM08-18-000; Order No. 721]


Chief Accountant Delegations

Issued February 4, 2009.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final Rule.

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SUMMARY: The Commission is revising its regulations governing 
delegations of authority to reflect the transfer of its Chief 
Accountant to the Office of Enforcement.

DATES: Effective Date: This rule is effective February 10, 2009.

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

SUPPLEMENTARY INFORMATION:

United States of America

Federal Energy Regulatory Commission

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

I. Discussion

    1. The Commission is revising its delegations of authority to 
reflect the transfer of the Chief Accountant function to the Office of 
Enforcement. Currently, the regulations delegate certain matters 
directly to the Chief Accountant.\1\ Because the Chief Accountant is 
now located within the Office of Enforcement, it would be more 
appropriate if actions taken by that official were done through the 
Director of that office, to whom the Chief Accountant now reports and 
who is ultimately responsible for the activities of the Chief 
Accountant.\2\ In addition, responsibilities with regard to forms 
administration, data collection, and reports are no longer under the 
direction of the Chief Accountant. Accordingly, authority to act on 
these items should no longer rest with the Chief Accountant. The 
Director can, under the regulations, subdelegate functions as 
appropriate.\3\ The delegated authority being transferred is not being 
altered in any way.
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    \1\ 18 CFR 375.303 (2008).
    \2\ This revision requires the renumbering of the delegations to 
the Director of the Office of Electric Reliability from section 
375.314 to section 375.303.
    \3\ 18 CFR 375.301(b) (2008).
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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.\4\ This Final Rule does not contain information reporting 
requirements and is not subject to OMB approval.
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    \4\ 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.\5\ 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.\6\ This rulemaking is exempt under that provision.
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    \5\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 
] 30,783 (1987).
    \6\ 18 CFR 380.4(1) and (5).
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IV. Regulatory Flexibility Act

    4. The Regulatory Flexibility Act of 1980 (RFA) \7\ 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 concerns matters of internal agency procedure. The 
Commission therefore certifies that it will not have such an impact. An 
analysis under the RFA is not required.
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    \7\ 5 U.S.C. 601-612.
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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 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.
    6. From FERC'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 FERC'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 makes minor revisions to matters of internal 
operations and is unlikely to 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

[[Page 6541]]

significantly affect regulated entities or the general public.

List of Subjects in 18 CFR Part 375

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

    By the Commission. Commissioner Kelliher is not participating.
Kimberly D. Bose,
Secretary.

0
In consideration of the foregoing, the Commission amends part 375, 
chapter I, title 18, Code of Federal Regulations, as follows.

PART 375--THE COMMISSION

0
1. 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.


0
2. Part 375 is amended by removing Sec.  375.303 and redesignating 
Sec.  375.314 as Sec.  375.303.

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3. Section 375.311 is amended by adding paragraphs (m) through (t) as 
follows:


Sec.  375.311  Delegations to the Director of the Office of 
Enforcement.

* * * * *
    (m) Sign all correspondence with respect to financial accounting 
and reporting matters on behalf of the Commission.
    (n) Pass upon actual legitimate original cost and depreciation 
thereon and the net investment in jurisdictional companies and 
revisions thereof.
    (o) Issue interpretations of the Uniform Systems of Accounts for 
public utilities and licensees, centralized service companies, natural 
gas companies and oil pipeline companies.
    (p) Pass upon any proposed accounting matters submitted by or on 
behalf of jurisdictional companies that require Commission approval 
under the Uniform Systems of Accounts, except that if the proposed 
accounting matters involve unusually large transactions or unique or 
controversial features, the Director of the Office of Enforcement must 
present the matters to the Commission for consideration.
    (q) Pass upon applications to increase the size or combine property 
units of jurisdictional companies.
    (r) Deny or grant, in whole or in part, motions for extension of 
time to file, or requests for waiver of the requirements of the 
following forms, data collections, and reports: Annual Reports (Form 
Nos. 1, 1-F, 2, 2-A, and 6); Quarterly Reports (Form Nos. 3-Q and 6-Q); 
Annual Report of Centralized Service Companies (Form No. 60); Narrative 
Description of Service Company Functions (FERC-61); Report of 
Transmission Investment Activity (FERC-730); and Electric Quarterly 
Reports, as well as, where required, the electronic filing of such 
information (Sec.  385.2011 of this chapter, Procedures for filing on 
electronic media, paragraphs (a)(6), (c), and (e)).
    (s) Provide notification if a submitted Annual Report (Form Nos. 1, 
1-F, 2, 2-A, and 6), Quarterly Report (Form Nos. 3-Q and 6-Q), Annual 
Report of Centralized Service Companies (Form No. 60), Narrative 
Description of Service Company Functions (FERC-61), Report of 
Transmission Investment Activity (FERC-730), or Electric Quarterly 
Report fails to comply with applicable statutory requirements, and with 
all applicable Commission rules, regulations, and orders for which a 
waiver has not been granted, or, when appropriate, notify a party that 
a submission is acceptable.
    (t) Deny or grant, in whole or in part, requests for waiver of the 
requirements of parts 352, 356, 367 and 368 of this chapter, except 
that, if the matters involve unusually large transactions or unique or 
controversial features, the Director of the Office of Enforcement must 
present the matters to the Commission for consideration.

[FR Doc. E9-2686 Filed 2-9-09; 8:45 am]
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