[Federal Register Volume 75, Number 154 (Wednesday, August 11, 2010)]
[Rules and Regulations]
[Pages 48553-48555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19779]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 376

[Docket No. RM10-28-000; Order No. 738]


Supplement to Commission Procedures During Periods of Emergency 
Operations Requiring Activation of Continuity of Operations Plan

Issued August 5, 2010.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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SUMMARY: In this rule the Commission supplements the procedures 
previously established with regard to filing and other requirements if 
the Commission is required to implement its Continuity of Operations 
Plan in response to an emergency situation that disrupts communications 
to or from the Commission's headquarters or which otherwise impairs 
headquarters operations. The rule temporarily tolls for purposes of 
further consideration the time period for Commission action required 
for relief from, or reinstatement of, an electric utility's mandatory 
purchase obligation under the Public Utility Regulatory Policies Act of 
1978.

DATES: Effective Date: The rule will become effective August 11, 2010.

FOR FURTHER INFORMATION CONTACT:

Rachel E. Bryant, Office of the General Counsel, Federal Energy 
Regulatory Commission, Room 101-32, 888 First St., NE., Washington, DC 
20426, (202) 502-6736.

[[Page 48554]]

Lawrence R. Greenfield, Office of the General Counsel, Federal Energy 
Regulatory Commission, Room 10D-01, 888 First St., NE., Washington, DC 
20426, (202) 502-6415.

SUPPLEMENTARY INFORMATION:
Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer, 
Philip D. Moeller, John R. Norris, and Cheryl A. LaFleur.

I. Introduction

    1. The Federal Energy Regulatory Commission (Commission) previously 
amended its regulations in Order No. 680 by modifying certain filing 
requirements and establishing procedures to be effective during 
emergencies affecting the Commission that require it to implement its 
Continuity of Operations Plan (COOP Plan). The COOP Plan was developed 
to address emergency conditions lasting up to 30 days during which 
Commission headquarters operations may be temporarily disrupted or 
communications may be temporarily unavailable, either of which may 
prevent the public or the Commission from meeting regulatory or 
statutory requirements.\1\ The COOP Plan temporarily suspends filing 
requirements and ensures that deadlines for Commission actions that 
fall during the period the COOP Plan is in operation are met, thereby 
providing continuity in the conduct of the Commission's business and 
certainty to parties with business before the Commission.\2\
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    \1\ More information concerning the COOP Plan can be found on 
the Commission's Web site at http://www.ferc.gov/coop.asp.
    \2\ Activation of the COOP Plan affects communications with 
headquarters only, and does not affect communications required to be 
made directly to the Commission's Regional Offices.
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    2. One procedure established by the COOP Plan tolls for purposes of 
further consideration the time periods for certain Commission actions 
that would otherwise be required during an emergency.\3\ Examples of 
such actions include the 60-day period for acting on requests for 
Exempt Wholesale Generator or Foreign Utility Company status and the 
30-day period for acting on requests for rehearing.\4\ The Commission 
is now amending this list to also provide for the tolling of Commission 
action required in granting relief from, or reinstatement of, an 
electric utility's mandatory purchase obligation under section 210(m) 
of the Public Utility Regulatory Policies Act of 1978.\5\
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    \3\ For a complete list of procedures, see Commission Procedures 
During Periods of Emergency Operations Requiring Activation of 
Continuity of Operations Plan, Order No. 680, FERC Stats. & Regs. ] 
31,223 (2006).
    \4\ To view a complete list of tolled Commission actions, see 
Order 680, FERC Stats. & Regs. ] 31,223 at P 5.
    \5\ See 16 U.S.C. 824a-3(m) (2006).
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II. Discussion

    3. The Energy Policy Act of 2005 (EPAct 2005) \6\ was signed into 
law on August 8, 2005. Section 1253(a) of EPAct 2005 added section 
210(m) to the Public Utility Regulatory Policies Act of 1978 \7\ which 
provided, among other things, for termination of the requirement that 
an electric utility enter into a new contract or obligation to purchase 
electric energy from qualifying cogeneration facilities and qualifying 
small power production facilities (QFs) if the Commission finds that 
the QF has nondiscriminatory access to one of the three categories of 
markets defined in section 210(m)(1)(A), (B) or (C).\8\ In 
consideration of the foregoing, the Commission previously amended Part 
292 of the Commission's regulations.
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    \6\ Public Law 109-58, 1253, 119 Stat. 594 (2005).
    \7\ 16 U.S.C. 824a-3(m).
    \8\ New PURPA Section 210(m) Regulations Applicable to Small 
Power Production and Cogeneration Facilities, Order No. 688, FERC 
Stats. & Regs. ] 31,233, at P 1-8, order on reh'g, Order No. 688-A, 
FERC Stats. & Regs. ] 31,250 (2007) (characterizing the three market 
types as: (1) Auction based day-ahead and real time markets; (2) 
auction based real-time markets but not auction based day-ahead 
markets; and (3) comparable markets).
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    4. Sections 292.309 and 292.310 \9\ set forth the standards and 
filing requirements for an application by an electric utility seeking 
to terminate the requirement to enter into new purchase contracts and 
obligations with QFs. Sections 292.311 and 292.313 similarly provide 
the standards and filing requirements for an application for 
reinstatement of an electric utility's mandatory purchase 
obligation.\10\ In each of these situations the Commission issues an 
order within 90 days of such application either terminating or 
reinstating an electric utility's mandatory purchase obligation.
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    \9\ 18 CFR 292.309, 292.310 (2010); see also 18 CFR Sec.  
292.312 (2010).
    \10\ 18 CFR 292.311, 292.313 (2010).
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    5. Section 376.209(c) \11\ enables the Commission, during an 
emergency, to toll for purpose of further consideration the time 
periods for certain Commission actions. The Commission's regulations, 
while providing for the tolling of many Commission actions, do not 
address the termination of, or reinstatement of, the mandatory purchase 
obligation. To fill this gap, this rule amends the Commission's COOP 
Plan to include the tolling of the 90-day period for acting on 
applications requesting relief from, or reinstatement of, the mandatory 
purchase obligation.
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    \11\ 18 CFR 376.209(c) (2010).
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III. Regulatory Flexibility Act Certification

    6. The Regulatory Flexibility Act of 1980 (RFA) \12\ 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 a matter of internal agency procedure and it 
will not have such an impact. An analysis under the RFA is not 
required.
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    \12\ 5 U.S.C. 601-12 (2006).
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IV. Information Collection Standard

    7. Office of Management and Budget (OMB) regulations require OMB to 
approve certain information collection requirements imposed by agency 
rule.\13\ This final rule contains no new information collections. 
Therefore, OMB review of this final rule is not required.
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    \13\ 5 CFR 1320.12 (2006).
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V. Environmental Analysis

    8. 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. Excluded 
from this requirement are rules that are clarifying, corrective, or 
procedural or that do not substantially change the effect of the 
regulations being amended.\14\ This rule is procedural in nature and 
therefore falls within this exception; consequently, no environmental 
consideration is necessary.
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    \14\ 18 CFR 380.4(a)(2) (2010); Regulations Implementing the 
National Environmental Policy Act, Order No. 486, 52 FR 47897 (Dec. 
17, 1987), FERC Stats. & Regs. ] 30,783 (1987).
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VI. Document Availability

    9. 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://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.
    10. From the Commission's Home Page on the Internet, this 
information is available in the 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.

[[Page 48555]]

    11. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours. For assistance, please contact 
Online Support at 1-866-208-3676 (e-mail at 
[email protected]), or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659 (e-mail at [email protected]).

VII. Effective Date and Congressional Notification

    12. The provisions of 5 U.S.C. 801 regarding Congressional review 
of final rules do 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.
    13. These regulations are effective on August 11, 2010. The 
Commission finds that notice and public comments are unnecessary 
because this rule concerns only agency procedure or practice. 
Therefore, the Commission finds good cause to waive the notice period 
otherwise required before the effective date of a final rule.

List of Subjects in 18 CFR Part 376

    Civil defense, Organization and functions (Government agencies).

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

0
In consideration of the foregoing, the Commission amends part 376, 
chapter I, title 18, Code of Federal Regulations, as follows:

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

0
1. 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
2. In Sec.  376.209, paragraphs (c)(11) and (12) are revised and 
paragraph (c)(13) is added to read as follows:


Sec.  376.209  Procedures during periods of emergency requiring 
activation of the Continuity of Operations Plan.

* * * * *
    (c) * * *
    (11) 30-day period for acting on requests for rehearing;
    (12) Time periods for acting on interlocutory appeals and certified 
questions; and
    (13) 90-day period for acting on applications requesting relief 
from, or reinstatement of, an electric utility's mandatory purchase 
obligation pursuant to section 210(m) of the Public Utility Regulatory 
Policies Act of 1978.
* * * * *
[FR Doc. 2010-19779 Filed 8-10-10; 8:45 am]
BILLING CODE 6717-01-P