[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Rules and Regulations]
[Pages 32657-32658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13632]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 375

[Docket No. RM10-1-000; Order No. 736]


Delegations to Office of Energy Policy and Innovation

May 28, 2010.
AGENCY: Federal Energy Regulatory Commission, DOE.

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 Energy Policy and 
Innovation to allow that office to process routine, non-controversial 
matters efficiently.

DATES: Effective Date: This rule will become effective June 9, 2010.

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

SUPPLEMENTARY INFORMATION:

    Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer, 
Philip D. Moeller, and John R. Norris.

Final Rule

I. Discussion

    1. On April 16, 2009, the Commission announced the creation of the 
Office of Energy Policy and Innovation (OEPI) to provide leadership in 
the development and formulation of policies and regulations to address 
emerging issues affecting wholesale and interstate energy markets. To 
enable OEPI to carry out its functions as efficiently as possible, this 
Final Rule adds a new section to the Commission's regulations, 18 CFR 
375.315, to delegate to OEPI the authority necessary to process routine 
matters. These delegations are intended to apply to uncontested, non-
controversial matters.

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.\1\ This Final Rule does not contain information reporting 
requirements and is not subject to OMB approval.
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    \1\ 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.\2\ 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.\3\ This rulemaking is exempt under that provision.
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    \2\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \3\ 18 CFR 380.4(1) and (5).
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IV. Regulatory Flexibility Act

    4. The Regulatory Flexibility Act of 1980 (RFA) \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 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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    \4\ 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,

[[Page 32658]]

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 in 18 CFR Part 375

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

    By the Commission.
Nathaniel J. Davis, Sr.,
Deputy 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, 16451-16463.



0
2. Add new Sec.  375.315 to read as follows:


Sec.  375.315  Delegations to the Director of the Office of Energy 
Policy and Innovation.

    The Commission authorizes the Director or the Director's designee 
to:
    (a) Take appropriate action on:
    (1) Any notice of intervention or motion to intervene, filed in an 
uncontested proceeding processed by the Office of Energy Policy and 
Innovation; and
    (2) 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.
    (b) Undertake the following actions:
    (1) Issue reports for public information purposes. Any report 
issued without Commission approval must:
    (i) Be of a noncontroversial nature, and
    (ii) Contain the statement, ``This report does not necessarily 
reflect the views of the Commission,'' in bold face type on the cover;
    (2) Issue and sign requests for additional information regarding 
applications, filings, reports and data processed by the Office of 
Energy Policy and Innovation; and
    (3) 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.

[FR Doc. 2010-13632 Filed 6-8-10; 8:45 am]
BILLING CODE 6717-01-P