[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Proposed Rules]
[Pages 15700-15702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06694]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM15-5-000]


Revised Exhibit Submission Requirements for Commission Hearings

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Commission proposes to amend Rule 508 of the Commission's 
Rules of Practice and Procedure to eliminate the requirement that 
participants in Commission trial-type evidentiary hearings must provide 
paper copies of all exhibits introduced as evidence. The Proposed Rule 
will facilitate a shift toward electronic hearing procedures which 
should improve the efficiency and administrative convenience of the 
Commission hearing process, reduce the burden and expense associated 
with paper exhibits, and facilitate the compilation and transmittal of 
the hearing record to the Commission in electronic format.

DATES: Comments are due May 26, 2015.

ADDRESSES: Comments, identified by docket number, may be filed in the 
following ways:
     Electronic Filing through http://www.ferc.gov. Documents 
created electronically using word processing software should be filed 
in native applications or print-to-PDF format and not in a scanned 
format.
     Mail/Hand Delivery: Those unable to file electronically 
may mail or hand-deliver comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Comment 
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT: Karin Herzfeld, Office of the General 
Counsel, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426, Telephone: (202) 502-8459.

SUPPLEMENTARY INFORMATION: 

Table of Contents

 
                                                              Paragraph
                                                               numbers
 
I. Background..............................................           2.
II. Discussion.............................................           4.
III. Information Collection Statement......................           7.
IV. Environmental Analysis.................................           8.
V. Regulatory Flexibility Act..............................           9.
VI. Comment Procedures.....................................          11.
VII. Document Availability.................................          15.
 

    1. The Commission is proposing to amend Rule 508 of the 
Commission's Rules of Practice and Procedure \1\ to eliminate the 
requirement that participants in Commission trial-type evidentiary 
hearings must provide paper copies of all exhibits introduced as 
evidence. The Commission proposes to amend section 385.508 of the 
Commission's regulations by removing paragraph (a)(2) and redesignating 
paragraph (a)(3) as paragraph (a)(2). While still retaining the option 
to provide exhibits in paper form, the proposed rule will facilitate a 
shift toward electronic hearing procedures which should improve the 
efficiency and administrative convenience of the Commission hearing 
process, reduce the burden and expense associated with paper exhibits, 
and facilitate the compilation and transmittal of the hearing record to 
the Commission in electronic format.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.508.
---------------------------------------------------------------------------

I. Background

    2. The Federal government has set a goal to substitute electronic 
means of communication and information storage for paper. For example, 
the Government Paperwork Elimination Act directed agencies to provide 
for the optional use and acceptance of electronic documents and 
signatures, and electronic record-keeping, where practical.\2\ 
Similarly, the Office of Management and Budget (OMB) Circular A-130 
required agencies to use electronic information collection techniques, 
where such means will reduce the burden on the public, increase 
efficiency, reduce costs, and help provide better service.
---------------------------------------------------------------------------

    \2\ 44 U.S.C. 3504.
---------------------------------------------------------------------------

    3. On September 21, 2000, the Commission issued Order No. 619, 
which implemented the use of the Internet for submission of certain 
documents to the Commission for filing.\3\ The eFiling system plays an 
important role in the Commission's efforts to comply with the 
Government Paperwork Elimination Act's requirement that agencies 
provide the option to submit information electronically, when 
practicable, as a substitute for paper.\4\ Filing via the Internet is 
optional for eligible documents.\5\ Since issuing Order No. 619, the 
Commission has greatly expanded its ability to accept electronically 
filed material, including interventions, protests, rehearings, 
complaints, and applications for certificates and licenses.\6\ In 2008, 
the Commission further implemented a system for electronic tariff 
filing.\7\ Consistent with these prior efforts to provide electronic 
filing options, the Commission is proposing to eliminate the 
requirement that all exhibits introduced at Commission hearings must be 
provided in paper form.
---------------------------------------------------------------------------

    \3\ Electronic Filing of Documents, Order No. 619, 65 FR 57088 
(Sept. 21, 2000), FERC Stats. & Regs. ]31,107 (2000).
    \4\ 44 U.S.C. 3504.
    \5\ 18 CFR 385.2001(a).
    \6\ See Electronic Registration, Order No. 891, 67 FR 52,406 
(Aug. 12, 2002), FERC Stats. & Regs. ] 31,132 (2002); Electronic 
Filing of FERC Form 1, and Elimination of Certain Designated 
Schedules in Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093 (May 
23, 2002), FERC Stats. & Regs. ] 31,130 (2002); Electronic Service 
of Documents, 66 FR 50,591 (Oct. 4, 2001), FERC Stats. & Regs. ] 
35,539 (2001); Revised Public Utility Filing Requirements, Order No. 
2001, 67 FR 31,043 (May 8, 2002), FERC Stats. & Regs. ] 31,127 
(2002); Filing Via the Internet, Order No. 703, 72 FR 65,659 (Nov. 
23, 2007), FERC Stats. & Regs. ] 31,259 (2007).
    \7\ Electronic Tariff Filings, Order No. 714, FERC Stats. & 
Regs. ] 31,276 (2008).
---------------------------------------------------------------------------

II. Discussion

    4. Section 385.508 of the Commission's regulations currently 
requires that ``[a]ny participant who seeks to have an exhibit admitted 
into evidence must provide one copy of the

[[Page 15701]]

exhibit to the presiding officer and two copies to the reporter, not 
later than the time that the exhibit is marked for identification.'' 
\8\ Under current practice, the court reporter assigns Exhibit Numbers 
to the paper copies and provides the paper copies to the Commission's 
Docket Branch to be scanned into the Commission's eLibrary system. 
Copies of all exhibits and motions that are not pre-filed must also be 
provided to all participants at the hearing.\9\
---------------------------------------------------------------------------

    \8\ 18 CFR 385.508(2).
    \9\ 18 CFR 385.510(d).
---------------------------------------------------------------------------

    5. The administrative law judges recently adopted a revised 
practice for handling exhibits and creating the Exhibit List that 
removes the need for providing paper copies at the hearing. Under this 
policy, within seven days of the end of the hearing, participants must 
file (via eFiling) a ``Joint Exhibit List'' and each sponsoring party 
must file (via eFiling) the ``Official Copies'' of each exhibit that 
was offered into evidence and admitted or rejected.\10\ Thus, it is no 
longer necessary or efficient to require all participants to provide 
the presiding judge and court reporter with paper copies of each 
exhibit introduced at the hearing.
---------------------------------------------------------------------------

    \10\ See Notice to the Public, Procedures for Handling Exhibits 
and Developing the Electronic Hearing Record (issued December 12, 
2014), http://www.ferc.gov/media/headlines/2014/2014-4/12-12-14-notice.pdf.
    All electronically-filed exhibits must comply with eFiling file 
format requirements. See Filing Via the Internet, Order No. 703, 
FERC Stats. & Regs. ] 31,259 at P 33.
    For exhibits that have not previously been provided to the 
participants, such exhibits must still be provided to the 
participants at the hearing. See 18 CFR 385.510(d).
---------------------------------------------------------------------------

    6. The Commission therefore proposes to eliminate the requirement 
that participants provide one paper copy of each exhibit to the 
presiding officer and two paper copies to the court reporter.\11\ The 
proposed rule represents a continuation of the Commission's efforts to 
implement the goal of substituting electronic means of communication 
and information storage for paper means. The proposed rule should save 
resources because participants will no longer be required to make 
multiple paper copies of all exhibits that they intend to submit into 
evidence. The proposed rule also will facilitate the presiding judge's 
compilation and transmittal of the hearing record to the Commission in 
electronic format.
---------------------------------------------------------------------------

    \11\ Most participants file pre-filed testimony and exhibits 
electronically via the eFiling system before the hearing. The 
presiding judge in each case will continue to determine how 
participants exchange exhibits brought to the hearing. See 18 CFR 
385.504(b)(1), (4).
---------------------------------------------------------------------------

III. Information Collection Statement

    7. Certain collections of information are subject to review by the 
Office of Management and Budget (OMB) under section 3507(d) of the 
Paperwork Reduction Act of 1995 (PRA).\12\ OMB's regulations require 
OMB to approve certain information collection requirements imposed by 
agency rule.\13\ This Proposed Rule does not contain any information 
collection requirements, as defined under section 3502(3) of the PRA, 
and compliance with the OMB regulations is thus not required.
---------------------------------------------------------------------------

    \12\ 44 U.S.C. 3507(d).
    \13\ 5 CFR 1320.12.
---------------------------------------------------------------------------

IV. 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.\14\ This 
action has been categorically excluded under section 380.4(a)(2)(ii), 
addressing procedural rules.\15\
---------------------------------------------------------------------------

    \14\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 
Preambles 1986-1990 ] 30,783 (1987).
    \15\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    9. The Regulatory Flexibility Act of 1980 (RFA) \16\ generally 
requires a description and analysis of proposed rules that will have 
significant economic impact on a substantial number of small entities. 
This Notice of Proposed Rulemaking (NOPR) concerns procedural matters 
and, if adopted, is expected to reduce the burden and expense 
associated with paper exhibits and improve the efficiency and 
administrative convenience of the Commission hearing process.
---------------------------------------------------------------------------

    \16\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------

    10. Accordingly, the Commission certifies that this NOPR, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities. An analysis under the RFA is not required.

VI. Comment Procedures

    11. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due May 26, 2015. Comments must refer to 
Docket No. RM15-5-000, and must include the commenter's name, the 
organization they represent, if applicable, and their address in their 
comments.
    12. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing 
formats. Documents created electronically using word processing 
software should be filed in native applications or print-to-PDF format 
and not in a scanned format. Commenters filing electronically do not 
need to make a paper filing.
    13. Commenters that are not able to file comments electronically 
must send an original of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    14. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

VII. Document Availability

    15. 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 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, 
Washington, DC 20426.
    16. 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.
    17. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours from the Commission's Online 
Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

    By direction of the Commission.

    Dated: March 19, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission proposes to amend 
Part 385, Chapter I, Title 18, Code of Federal Regulations, as follows.

[[Page 15702]]

PART 385--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for Part 385 continues to read as follows:

    Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16 
U.S.C. 792-828c, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 42 
U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. 
U.S.C. 1-85 (1988).

0
2. Section 385.508 is amended by revising paragraph (a) to read as 
follows:


Sec.  385.508  Exhibits (Rule 508).

    (a) General rules. (1) Except as provided in paragraphs (b) through 
(e) of this section, any material offered in evidence, other than oral 
testimony, must be offered in the form of an exhibit.
    (2) The presiding officer will cause each exhibit offered by a 
participant to be marked for identification.
* * * * *
[FR Doc. 2015-06694 Filed 3-24-15; 8:45 am]
 BILLING CODE 6717-01-P