[Federal Register: February 5, 2007 (Volume 72, Number 23)]
[Rules and Regulations]
[Page 5171-5174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe07-8]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 35, 366, and 375
[Docket No. RM06-20-000; Order No. 691]
Delegations of Authority
Issued January 29, 2007.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
amending its regulations governing delegations of authority to the
Directors of the Office of Enforcement and the Office of Energy Markets
and Reliability, as well as to the Commission's Chief Accountant. These
amendments will eliminate regulatory uncertainty and provide clarity
regarding the authority delegated to the Office of Enforcement and the
Chief Accountant.
EFFECTIVE DATE: This Final Rule is effective January 29, 2007.
FOR FURTHER INFORMATION CONTACT: Connie Caldwell, Office of
Enforcement, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426, (202) 502-6489, connie.caldwell@ferc.gov.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G.
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.
1. The Federal Energy Regulatory Commission (Commission) is
amending 18 CFR Parts 35, 366, and 375 to revise its regulations
governing delegations of authority to the Directors of the Office of
Enforcement (OE) \1\ and the Office of Energy Markets and Reliability
(OEMR), as well as to the Commission's Chief Accountant.\2\ These
amendments will eliminate regulatory uncertainty and provide clarity
regarding the authority delegated to the Office of Enforcement and the
Chief Accountant.
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\1\ The changes to the regulations in Part 375 relate only to
the Office of Enforcement and the Chief Accountant. While this rule
makes certain changes to the Part 375 delegations to the Director of
the Office of Markets, Tariffs, and Rates (now the Office of Energy
Markets and Reliability), those changes are made merely to conform
the regulations to current office structures and the
responsibilities of the Office of Enforcement. The Commission
anticipates issuing a rule in the future that will address other
changes to Part 375.
\2\ The Commission's Chief Accountant reports to the Director of
Enforcement, but is delegated certain authority directly by the
Commission.
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I. Background
2. The Commission has broad statutory authority to perform acts and
[[Page 5172]]
make rules that are necessary or appropriate to carry out its statutory
functions.\3\ This includes the delegation of its statutory authority
to staff members on routine matters, ``which in many cases represent
nothing more than a ministerial judgment by the office director
concerning procedural matters,'' to allow the Commission to focus on
more complex and controversial tasks.\4\ The Commission has delegated
certain of its authority in a series of orders beginning in 1978.\5\
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\3\ See Regulations Delegating Authority, Order No. 492, 53 FR
16058 (May 5, 1988), FERC Stats. & Regs. Regulations Preambles 1986-
1990 ] 30,814 at 31,117 & n. 2 (1988), citing 16 U.S.C. 825h
(Federal Power Act), 15 U.S.C. 717o (Natural Gas Act), and 15 U.S.C.
3411 (Natural Gas Policy Act of 1978).
\4\ See J.R. Ferguson and Associates, 20 FERC ] 61,132 at p.
61,291 (1982) (footnote omitted).
\5\ Existing delegations of authority were promulgated in a
series of rulemakings initiated in 1978. See Delegations to Various
Office Directors of Certain Commission Authority, 43 FR 36433 (Aug.
17, 1978), FERC Stats. & Regs. Regulations Preambles 1977-1981 ]
30,016 (1978); Chief Accountant, et al., Delegation of Authority;
Final Regulation, Order No. 38, 44 FR 45449 (Aug. 8, 1979), FERC
Stats. & Regs. Regulations Preambles 1977-1981 ] 30,068 (1979),
reh'g denied , 8 FERC ] 61,299 (1979); Delegation of the
Commission's Authority to the Directors of Office of Electric Power
Regulation, Office of the Chief Accountant, and Office of Pipeline
and Producer Regulation, Order No. 147, 46 FR 29700 (June 3, 1981),
FERC Stats. & Regs. Regulations Preambles 1977-1981 ] 30,259 (1981);
Delegation of Authority, Order No. 224, 47 FR 17806 (Apr. 26, 1982),
FERC Stats. & Regs. Regulations Preambles 1982-1985 ] 30,356 (1982);
Regulations Delegating Authority, Order No. 492, 53 FR 16058 (May 5,
1988), FERC Stats. & Regs. Regulations Preambles 1986-1990 ] 30,814
(1988); Streamlining Commission Procedures for Review of Staff
Action, Order No. 530, 55 FR 50677 (May 5, 1988), FERC Stats. &
Regs. Regulations Preambles 1986-1990 ] 30,906 (1990), reh'g denied,
Order No. 530-A, 56 FR 4719 (Feb. 6, 1991), FERC Stats. & Regs.
Regulations Preambles 1991-1996 ] 30,914 (1991); Delegation of
Authority to the Secretary, the Director of the Office of Electric
Power Regulation, and the General Counsel, Order No. 585, 60 FR
62326 (Dec. 6, 1995), FERC Stats. & Regs. Regulations Preambles
January 1991-June 1996 ] 31,030 (1995); Delegation of Authority,
Order No. 613, 64 FR 73403 (Dec. 30, 1991), FERC Stats. & Regs.
Regulations Preambles July 1996-December 2000 ] 31,087 (1999);
Delegation of Authority, Order No. 632, 68 FR 25814 (May 14, 2003),
FERC Stats. & Regs. Regulations Preambles 2001-2005 ] 31,087 (2003).
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3. When the Office of Market Oversight and Investigations (OMOI),
the predecessor to OE, was created in 2003, the Commission issued Order
No. 632,\6\ which promulgated OMOI's original delegations of authority.
In Order No. 632, the Commission stated that certain delegations to the
General Counsel and to the Director of the Office of Markets, Tariffs,
and Rates (OMTR, now known as the Office of Energy Markets and
Reliability or OEMR), were being duplicated in OMOI's delegations.
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\6\ Delegations of Authority, Order No. 632, 68 FR 25814 (May
14, 2003), FERC Stats. & Regs. Regulations Preambles 2001-2005 ]
31,087 (2003).
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4. The following year, in Order No. 650,\7\ the Commission revised
the delegations promulgated in Order No. 632 to reflect the move of the
Division of Regulatory Audits (renamed the Division of Financial
Audits) from the Office of the Executive Director (OED) to OMOI. In
Order No. 650, the relevant delegation provisions were added to the
OMOI delegations and deleted from the OED delegations. In 2005,
pursuant to another reorganization, the Regulatory Accounting policy
function, as well as the Chief Accountant, were moved from OMTR to
OMOI.
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\7\ Delegations of Authority, 69 FR 64659 (Nov. 8, 2004), FERC
Stats. & Regs. Regulations Preambles 2001-2005 ] 31,169 (2004). The
original designation as Order No. 651 was corrected to Order No. 650
by an errata notice issued on November 12, 2004.
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5. On April 17, 2006, the reorganization and renaming of OMOI as OE
became effective. OE includes an administrative branch and four
divisions--Investigations, Audits, Financial Regulation (for which the
Chief Accountant also serves as the Division Director), and Energy
Market Oversight.
II. Discussion
6. Part 375, Subpart C, of the Commission's rules and regulations
sets out delegations of authority to the various office directors, such
as the Directors of OMOI (now called OE) \8\ and OMTR (now called
OEMR),\9\ as well as to statutory officers such as the Chief
Accountant.\10\ The regulations in Part 375 which are amended by this
rule are found in Sec. Sec. 375.303, 375.307, and 375.314, and are
discussed below.
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\8\ 18 CFR 375.314.
\9\ 18 CFR 375.307.
\10\ 18 CFR 375.303.
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7. Section 375.314 \11\ includes the delegations of authority to
the Director of OMOI (now OE). Amendments to this section are made to
replace the former office title of Office of Market Oversight and
Investigations with the title Office of Enforcement and occur in the
title to Sec. 375.314, and in the text of Sec. 375.314(b), (c), and
(d).\12\
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\11\ 18 CFR 375.314.
\12\ 18 CFR 375.314(b), (c), and (d), respectively.
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8. Sections 375.314(i), (j), and (k) \13\ of the current
delegations to the Director of OMOI (now OE) concern auditing matters
and essentially duplicate delegations formerly made to the Director of
OMTR (now OEMR) at a time when auditing matters were handled in OMTR.
These matters fall solely within the purview of the Director of OE.
Accordingly, this rule removes Sec. 375.307(a), (c), and (d) \14\ from
the delegations to the Director of OMTR (now OEMR).
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\13\ 18 CFR 375.314(i), (j), and (k), respectively.
\14\ 18 CFR 375.307(a), (c), and (d), respectively.
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9. The remaining amendments to the regulations, as discussed below,
reflect changes in the responsibilities of the Chief Accountant which
occurred when the Regulatory Accounting policy function was moved to
OMOI (now OE), discussed above, as well as through delegations made by
the Commission in Order Nos. 667 \15\ and 679.\16\ When the Regulatory
Accounting policy function was moved to OMOI (now OE), responsibility
for administering Annual Reports (FERC Form Nos. 1, 1-F, 2, 2-A, and 6)
\17\ and Electric Quarterly Reports (EQRs) \18\ were transferred to the
Chief Accountant. These, as well as all other forms, data collections,
and reports administered by the Chief Accountant, assist the Commission
in its review and approval of cost-based rates. The data contained in
these forms, data collections, and reports serve other purposes as
well.
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\15\ Repeal of the Public Utility Holding Company Act of 1935
and Enactment of the Public Utility Holding Company Act of 2005,
Order No. 667, 70 FR 75592 (Dec. 20, 2005), FERC Stats. & Regs. ]
31,197 (2005), order on reh'g, Order No. 667-A, 71 FR 28446 (May 16,
2006), FERC Stats. & Regs. ] 31,213 (2006), order on reh'g, Order
No. 667-B, 71 FR 42750 (July, 28, 2006), FERC Stats. & Regs. ]
31,224 (2006), reh'g pending.
\16\ Promoting Transmission Investment through Pricing Reform,
Order No. 679, 71 FR 43294 (Jul. 31, 2006), 116 FERC ] 61,057
(2006); order on reh'g, Order No. 679-A, 117 FERC ] 61,345 (2006).
\17\ See 18 CFR 141.1, 141.2, 260.1, 260.2, and 357.2,
respectively.
\18\ See 18 CFR 35.10b.
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10. In Order No. 679, among other things, the Commission created
FERC-730 (report of transmission investment activity) \19\ and
delegated to the Chief Accountant the authority to act on motions for
extensions of time to file the newly-created FERC-730, or motions to
waive the requirements applicable to those filings. However, that
recent delegation is not reflected in the Chief Accountant's
delegations in 18 CFR 375.303. Instead, the delegatory language was
codified as part of Sec. 35.35(h), which comprises the regulations
describing the report and the filing requirements for that report. In
order to centralize all delegations to the Chief Accountant, this rule
amends the regulations to add this delegation to 18 CFR 375.303, and
revises Sec. 35.35(h)(3) to remove the delegatory language therein.
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\19\ Codified at 18 CFR 35.35(h).
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11. In Order Nos. 667, among other things, the Commission created
FERC Form No. 60 (Annual Report of Centralized Service Companies).\20\
In Order No. 667-A, the Commission
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created FERC-61 (narrative description of service company
functions).\21\ In Order No. 667-A, the Commission delegated to the
Chief Accountant the authority to act on motions for extensions of time
to file and requests for waiver of the requirements of FERC Form No. 60
and FERC-61.\22\ In Order No. 684, Sec. Sec. 375.303(f) and (g) were
amended to include those delegations also.\23\ In order to centralize
all delegations to the Chief Accountant, this rule amends 18 CFR
375.303, and revises Sec. 366.23(a)(3) to remove the delegatory
language therein.
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\20\ 20 Order No. 667 at P 82-85; codified at 18 CFR 366.23.
\21\ Order No. 667-A at P 49; codified at 18 CFR 366.23.
\22\ Order No. 667-A; codified at 18 CFR 366.23(a)(3).
\23\ Financial Accounting, Reporting and Records Retention
Requirements Under the Public Utility Holding Company Act of 2005,
71 FR 65200 (Nov. 7, 2006), FERC Stats. & Regs. ] 31,229 (2006) at P
222-223.
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12. To summarize, currently, the Chief Accountant is authorized to:
(1) Act on motions for extension of time to file Form No. 60, FERC-61,
and FERC-730; (2) act on requests for waiver of the requirements of
Form Nos. 3-Q and 6-Q,\24\ Form No. 60, FERC-61, and FERC-730; and (3)
issue deficiency letters regarding Form Nos. 3-Q and 6-Q. The rule
amends the regulations to uniformly authorize the Chief Accountant to:
(1) Act on motions for extensions of time to file, (2) act on requests
for waiver of the requirements of, and (3) issue deficiency letters
regarding, each of the above-discussed forms, data collections, and
reports (Form Nos. 1, 1-F, 2, 2-A, 6, 3-Q, 6-Q, 60; FERC-61, FERC-730;
and EQRs), so that the delegated authority applicable to these forms,
data collections, and reports is consistent. To effectuate this
delegation, the rule amends Sec. 375.303 by replacing existing
paragraphs (f) and (g) to provide that the Chief Accountant may deny or
grant, in whole or in part, motions for extension of time to file, or
requests for waiver of the requirements of 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 EQRs, as well as,
where required, the electronic filing of such information, and provide
notification if one of those forms, data collections, or reports is
submitted and fails to comply with applicable statutory requirements,
and with all applicable Commission rules, regulations or notify a party
that a submission is acceptable.
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\24\ 18 CFR 141.400 (electric), 260.300 (natural gas), and 357.4
(oil), respectively.
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13. Further, to centralize the authority delegated to the Chief
Accountant and to avoid confusion as to the responsibility for the
forms, data collections, and reports discussed herein, the delegations
of authority to the Director of OMTR (now OEMR) are revised by removing
the parenthetical phrase in 18 CFR 375.307(h)(3) which references Form
Nos. 1, 1-F, 2, 2-A, and 6, and by removing in its entirety 18 CFR
375.307(i)(8), which also references Form No. 1.
III. Information Collection Statement
14. Review by the Office of Management and Budget,\25\ pursuant to
section 3507(d) of the Paperwork Reduction Act of 1995,\26\ is not
required since this final rule does not contain new or modified
information collection or recordkeeping requirements.
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\25\ 5 CFR 1320.11.
\26\ 44 U.S.C. 3507(d).
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IV. Environmental Analysis
15. 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.\27\ Part
380 of the Commission's regulations exempts certain actions from the
requirement that an Environmental Analysis or Environmental Impact
Statement be prepared. Included is an exemption for procedural,
ministerial, or internal administrative actions.\28\ As this Final Rule
falls within that exemption, issuance of the Rule does not represent a
major federal action having a significant adverse effect on the human
environment under the Commission's regulations implementing the
National Environmental Policy Act, and, thus, does not require an
Environmental Analysis or Environmental Impact Statement.\29\
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\27\ Regulations Implementing the National Environmental Policy
Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. Regulations
Preambles 1986-1990 ] 30,783 (1987), codified at 18 CFR Part 380.
\28\ 18 CFR 380.4(1) and (5).
\29\ Id.
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V. Regulatory Flexibility Certification
16. The Regulatory Flexibility Act of 1980 (RFA) \30\ generally
requires a description and analysis of Final Rules that will have
significant economic impact on a substantial number of small entities.
Rules that are exempt from the notice and comment requirements of
section 553(b) of the Administrative Procedure Act are exempt from the
RFA requirements. This Final Rule concerns matters of internal agency
procedure and, therefore, an analysis under the RFA is not required.
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\30\ 5 U.S.C. 601-12.
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VI. Document Availability
17. 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.
18. From FERC's Home Page on the Internet, this information is
available in eLibrary. The full text of this document is available in
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.
19. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from our Help line at (202) 502-8222
or the Public Reference Room at (202) 502-8371 Press 0, TTY (202) 502-
8659. E-Mail the Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional Notification
20. These regulations are effective on issuance. While the
Administrative Procedure Act generally mandates that an opportunity for
comment be provided when an agency promulgates regulations, notice and
comment are not required where a rule, as here, relates to agency
personnel or agency organization, procedure, or practice.\31\ Since
these regulations only concern internal agency procedure and will not
affect regulated entities or the general public, notice and comment are
not required.
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\31\ See 5 U.S.C. 553(b)(A) and (B).
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21. The Small Business Regulatory Enforcement Fairness Act of 1996
\32\ requires agencies to report to Congress on the promulgation of
certain Final Rules prior to their effective dates. Rules of agency
procedure and practice are excluded from this notification
requirement.\33\ Therefore, this Final Rule will not be submitted to
Congress.
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\32\ 5 U.S.C. 801.
\33\ 5 U.S.C. 804(3)(C).
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[[Page 5174]]
List of Subjects
18 CFR 35
Electric power rates, Electric utilities, Reporting and
recordkeeping requirements.
18 CFR 366
Electric power, Natural gas, Reporting and recordkeeping
requirements.
18 CFR 375
Authority delegations (Government Agencies), Seals and insignia,
Sunshine Act.
By the Commission.
Magalie R. Salas,
Secretary.
0
In consideration of the foregoing, the Commission amends parts 35, 366,
and 375, Chapter I, Title 18, Code of Federal Regulations, as follows:
PART 35--FILING OF RATE SCHEDULES AND TARIFFS
0
1. The authority citation for part 35 continues to read as follows:
Authority: 16 U.S.C. 791-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
0
2. Amend Sec. 35.35 by revising paragraph (h)(3) to read as follows:
Sec. 35.35 Transmission infrastructure investment.
* * * * *
(h) * * *
(3) For good cause shown, the Commission may extend the time within
which any FERC-730 filing is to be filed or waive the requirements
applicable to any such filing.
* * * * *
PART 366--PUBLIC UTILITY HOLDING COMPANY ACT OF 2005
0
3. The authority citation for part 366 continues to read as follows:
Authority: Pub. L. No. 109-58, 1261 et seq., 119 Stat. 594, 972
et seq.
0
4. Amend Sec. 366.23 by revising paragraph (a)(3), to read as follows:
Sec. 366.23 FERC Form No. 60, annual report of service companies, and
FERC-61, narrative description of service company functions.
(a) * * *
(3) For good cause shown, the Commission may extend the time within
which any such report or narrative description required to be filed
pursuant to paragraphs (a)(1) or (2) of this section is to be filed or
waive the requirements applicable to any such report or narrative
description.
* * * * *
PART 375--THE COMMISSION
0
5. 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
6. Amend Sec. 375.303 by revising paragraphs (f) and (g) to read as
follows:
Sec. 375.303 Delegations to the Chief Accountant.
* * * * *
(f) 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)).
(g) 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.
* * * * *
0
7. Amend Sec. 375.307 as follows:
0
A. Remove paragraphs (a), (c), (d), and (i)(8) and redesignate
paragraphs (b) and (e) through (p) as paragraphs (a) through (m).
0
B. Revise redesignated paragraph (h)(3) to read as follows:
Sec. 375.307 Delegations to the Director of the Office of Markets,
Tariffs and Rates.
* * * * *
(h) * * *
(3) Accept for filing, data and reports required by Commission
orders, or presiding officers' initial decisions upon which the
Commission has taken no further action, if such filings are in
compliance with such orders or decisions and, when appropriate, notify
the filing party of such acceptance.
* * * * *
Sec. 375.314 [Amended]
0
8. In Sec. 375.314, remove the words ``Office of Market Oversight and
Investigation'' and add, in their place, the words ``Office of
Enforcement'' in the following sections:
A. Section 375.314 section heading;
B. Section 375.314(b);
C. Section 375.314(c); and
D. Section 375.314(d).
[FR Doc. E7-1737 Filed 2-2-07; 8:45 am]
BILLING CODE 6717-01-P