[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Rules and Regulations]
[Pages 19384-19386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07302]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 375
[Docket No. RM20-13-000; Order No. 870]
Delegation of Authority
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Commission is revising its regulations to delegate
authority to the Director of the Office of Energy Policy and
Innovation, or the Director's designee, to take appropriate action on
motions for extension of time to file, or requests or petitions for
waiver of the requirements of, FERC Form No. 552 (Annual Report of
Natural Gas Transactions) and FERC-730 (Report of Transmission
Investment Activity).
DATES: This rule is effective April 7, 2020.
FOR FURTHER INFORMATION CONTACT:
Kaleb Lockwood, Office of the General Counsel, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202)
502-8255, kaleb.lockwood@ferc.gov
Eric Primosch, Office of Energy Policy and Innovation, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202)
502-6483, eric.primosch@ferc.gov
Michael Tita, Office of Energy Policy and Innovation, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202)
502-6448, michael.tita@ferc.gov
SUPPLEMENTARY INFORMATION:
1. By this instant final rule, the Commission is revising its
regulations to delegate further authority to its staff to take action,
as provided below, effective on the date of publication of this final
rule in the Federal Register.
I. Background
2. On March 13, 2020, the President issued a proclamation declaring
a National Emergency concerning the Novel Coronavirus Disease (COVID-
19). Entities regulated by the Commission have had to take
unprecedented actions in response to the emergency conditions,
including directing staff to work remotely for an extended period,
which may disrupt, complicate, or otherwise change their normal course
of business operations. Regulated entities and the public have since
filed motions and other requests for Commission action to relieve
regulatory burdens so that they may focus on continuity of operations
and ensuring reliable operations of their systems during this emergency
period. This has prompted the Commission to review its procedural
regulations to ensure that the Commission's work is performed in an
efficient manner.
[[Page 19385]]
II. Discussion
3. On September 19, 2019, the Chairman of the Commission
transferred certain functions performed by the Office of Enforcement's
Division of Energy Market Oversight, including the administration of
FERC Form No. 552 and FERC-730, to the Office of Energy Policy and
Innovation. This final rule amends 18 CFR 375.315 to delegate authority
to the Director of the Office of Energy Policy and Innovation, or the
Director's designee, to take appropriate action on motions for
extension of time to file, or requests or petitions for waiver of the
requirements of, FERC Form No. 552 (Annual Report of Natural Gas
Transactions) and FERC-730 (Report of Transmission Investment
Activity). This authority was previously delegated to the Director of
the Office of Enforcement.\1\ Given this change, the Commission
concludes it is reasonable to now delegate this authority to the
Director of the Office of Energy Policy and Innovation. Further, in
light of the emergency conditions related to COVID-19, this delegation
of authority will allow for more efficient processing of and action on
motions for extension of time to file, or requests or petitions for
waiver related to FERC Form No. 552 and FERC-730. These delegations
apply to uncontested matters.
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\1\ See 18 CFR 375.311(r) and (s).
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4. Correspondingly, this instant final rule removes the authority
previously delegated to the Commission's Office of Enforcement to grant
motions for extension of time or waiver of FERC Form No. 552 and FERC-
730. Now that such authority is delegated to the Director of the
Commission's Office of Energy Policy and Innovation, it is appropriate
to delete that authority from the authority delegated to the Director
of the Office of Enforcement.
III. Information Collection Statement
5. OMB's regulations require approval of certain information
collection requirements imposed by agency rules.\2\ This final rule,
however, results in no new, additional, or different public reporting
burden. This final rule does not require public utilities or natural
gas companies to file new, additional, or different information, and it
does not change the frequency with which they must file information.
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\2\ 5 CFR 1320.13.
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IV. Environmental Analysis
6. 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.\3\ Issuance
of this final 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 of 1969. 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 rules that are
clarifying, corrective, or procedural or that do not substantially
change the effect of the regulations being amended.\4\ This final rule
is exempt under that provision.
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\3\ 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).
\4\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act
7. The Regulatory Flexibility Act of 1980 (RFA) \5\ 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 changes the Commission's delegations of authority to
take certain actions and does not create any additional requirements
for filers. The Commission thus certifies that it will not have a
significant economic impact upon participants in Commission
proceedings. An analysis under the RFA is therefore not required
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\5\ 5 U.S.C. 601-12.
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VI. Document Availability
8. 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). At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning COVID-19.
9. 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.
10. User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or email at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date
11. The Commission is issuing this rule as an instant final rule
without a period for public comment. Public notice of this action,
otherwise required by 5 U.S.C. 553(b), is impracticable because of the
immediate need to efficiently process and act on waiver and extension
requests made in response to the emergency conditions created by COVID-
19. The Commission's requirement to protect the public interest creates
an immediate need for this action.
12. These regulations are effective April 7, 2020.
List of Subjects in 18 CFR Part 375
Authority delegations
By the Commission.
Issued: April 2, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
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.
0
2. In Sec. 375.311, paragraphs (r) and (s) are revised to read as
follows:
Sec. 375.311 Delegations to the Director of the Office of
Enforcement.
* * * * *
(r) 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); 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)).
[[Page 19386]]
(s) 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), 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
3. In Sec. 375.315, paragraph (a) is revised to read as follows:
Sec. 375.315 Delegations to the Director of the Office of Energy
Policy and Innovation.
* * * * *
(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;
(2) Applications or motions 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, including applications
or motions for extensions of time to file the Annual Report of Natural
Gas Transactions (FERC Form No. 552) and the Report of Transmission
Investment Activity (FERC-730); and
(3) Requests or petitions for waiver of the requirements of the
Annual Report of Natural Gas Transactions (FERC Form No. 552) and the
Report of Transmission Investment Activity (FERC-730).
(4) Notification to a party if a submitted Annual Report of Natural
Gas Transactions (FERC Form No. 552) or Report of Transmission
Investment Activity (FERC-730) 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.
* * * * *
[FR Doc. 2020-07302 Filed 4-2-20; 5:15 pm]
BILLING CODE 6717-01-P