[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Rules and Regulations]
[Pages 36234-36236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15431]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM15-5-000; Order No. 811]


Revised Exhibit Submission Requirements for Commission Hearings

AGENCY:  Federal Energy Regulatory Commission, DOE.

ACTION:  Final rule.

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SUMMARY:  In this Final Rule, the Federal Energy Regulatory Commission 
(Commission) is amending 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 Final 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:  This rule will become effective July 24, 2015.

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: 

Order No. 811

Final Rule

Table of Contents

 
                                                               Paragraph
                                                                 Nos.
 
I. Background...............................................          2.
II. Discussion..............................................          4.
III. Information Collection Statement.......................          7.
IV. Environmental Analysis..................................          8.
V. Regulatory Flexibility Act...............................          9.
VI. Document Availability...................................         11.
VII. Effective Date and Congressional Notification..........         14.
 


[[Page 36235]]

    1. In this Final Rule, the Federal Energy Regulatory Commission 
(Commission) is amending 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 is amending 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 Final 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.
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    \1\ 18 CFR 385.508.
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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.
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    \2\ 44 U.S.C. 3504.
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    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, on March 19, 2015, the Commission issued a Notice of 
Proposed Rulemaking proposing to eliminate the requirement that all 
exhibits introduced at Commission hearings must be provided in paper 
form. In response to the NOPR, the Commission received comments from 
the New York Transmission Owners,\8\ stating that they support the 
Commission's proposed elimination of the requirement to provide paper 
copies of exhibits introduced during evidentiary hearings, and that 
they agree with the Commission that this would improve the efficiency 
and administrative convenience of the Commission hearing process as 
well as reduce the substantial burden and expense associated with 
providing paper copies of exhibits.
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    \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).
    \8\ The New York Transmission Owners consist of Central Hudson 
Gas & Electric Corporation, Consolidated Edison Company of New York, 
Inc., New York Power Authority, New York State Electric & Gas 
Corporation, Niagara Mohawk Power Corporation d/b/a National Grid, 
Orange and Rockland Utilities, Inc., Power Supply Long Island, and 
Rochester Gas and Electric Corporation.
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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 exhibit to the presiding 
officer and two copies to the reporter, not later than the time that 
the exhibit is marked for identification.'' \9\ 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.\10\
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    \9\ 18 CFR 385.508(2).
    \10\ 18 CFR 385.510(d).
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    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.\11\ 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.
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    \11\ 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).
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    6. In this Final Rule, the Commission is therefore eliminating the 
requirement that participants provide one paper copy of each exhibit to 
the presiding officer and two paper copies to the court reporter.\12\ 
This Final 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 Final 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 Final Rule also will facilitate the presiding judge's 
compilation and transmittal of the hearing record to the Commission in 
electronic format.
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    \12\ 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).
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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).\13\ OMB's regulations require 
OMB to approve certain information collection requirements imposed by 
agency rule.\14\ This Final Rule does not contain any information 
collection requirements, as defined under section 3502(3) of the

[[Page 36236]]

PRA, and compliance with the OMB regulations is thus not required.
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    \13\ 44 U.S.C. 3507(d).
    \14\ 5 CFR 1320.12.
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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.\15\ This 
action has been categorically excluded under section 380.4(a)(2)(ii), 
addressing procedural rules.\16\
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    \15\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. 
& Regs. Preambles 1986-1990 ] 30,783 (1987).
    \16\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act

    9. The Regulatory Flexibility Act of 1980 (RFA) \17\ generally 
requires a description and analysis of rules that will have a 
significant economic impact on a substantial number of small entities. 
This Final Rule concerns procedural matters and is expected to reduce 
the burden and expense associated with paper exhibits and improve the 
efficiency and administrative convenience of the Commission hearing 
process.
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    \17\ 5 U.S.C. 601-12.
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    10. Accordingly, the Commission certifies that this Final Rule will 
not have a significant economic impact on a substantial number of small 
entities. An analysis under the RFA is not required.

VI. Document Availability

    11. 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.
    12. 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.
    13. 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].

VII. Effective Date and Congressional Notification

    14. This Final Rule is effective July 24, 2015. The Commission has 
determined, with the concurrence of the Administrator of the Office of 
Information and Regulatory Affairs of OMB, that this rule is not a 
``major rule'' as defined in section 351 of the Small Business 
Regulatory Enforcement Fairness Act of 1996.\18\ This Final Rule is 
being submitted to the Senate, House, and Government Accountability 
Office.
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    \18\ 5 U.S.C. 804(2).
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List of Subjects in 18 CFR Part 385

    Exhibits.

    By the Commission.
    Issued: June 18, 2015.
Kimberly D. Bose,
Secretary.

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

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.
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[FR Doc. 2015-15431 Filed 6-23-15; 8:45 am]
 BILLING CODE 6717-01-P