80 FR 81178 - Delegation of Authority for FERC Form No. 552

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 249 (December 29, 2015)

The Federal Energy Regulatory Commission (Commission) is amending its regulations governing delegations of authority to the Director of the Office of Enforcement. The amendment will provide clarity and consistency regarding the authority delegated to the Office of Enforcement.

[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81178-81179]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32690]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 375

[RM16-4-000; Order No. 820]


Delegation of Authority for FERC Form No. 552

AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
amending its regulations governing delegations of authority to the 
Director of the Office of Enforcement. The amendment will provide 
clarity and consistency regarding the authority delegated to the Office 
of Enforcement.

DATES: This rule will become effective January 28, 2016.

FOR FURTHER INFORMATION CONTACT: Laura Vallance, Office of Enforcement, 
888 First Street NE., Washington, DC 20426, 202-502-8395, 
[email protected].

SUPPLEMENTARY INFORMATION:

Order No. 820

Final Rule

(Issued December 22, 2015)

    1. The Federal Energy Regulatory Commission (Commission) is 
amending its regulations governing delegations of authority to the 
Director of the Office of Enforcement.\1\ These amendments will provide 
clarity and consistency regarding the authority delegated to the Office 
of Enforcement, by expressly delegating that office authority over FERC 
Form No. 552.\2\
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    \1\ 18 CFR 375.311 (2015).
    \2\ Transparency Provisions of Section 23 of the Natural Gas 
Act, Order No. 704, FERC Stats. & Regs. ] 31,260 (2007), order on 
reh'g, Order No. 704-A, FERC Stats. & Regs. ] 31,275, order 
dismissing reh'g and clarification, Order No. 704-B, 125 FERC ] 
61,302 (2008), order granting clarification, Order No. 704-C, 131 
FERC ] 61,246 (2010).
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I. Background

    2. The Commission has broad statutory authority to perform acts and 
make rules that are necessary or appropriate to carry out its statutory 
function.\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, FERC 
Stats. & Regs. ] 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 Assoc., 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, FERC Stats. & 
Regs. ] 30,016 (1978); Chief Accountant, et al., Delegation of 
Authority; Final Regulation, Order No. 38, FERC Stats. & Regs. ] 
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, FERC Stats. & Regs. 
] 30,259 (1981); Delegation of Authority, Order No. 224, FERC Stats. 
& Regs. ] 30,356 (1982); Regulations Delegating Authority, Order No. 
492, FERC Stats. & Regs. ] 30,814 (1988); Streamlining Commission 
Procedures for Review of Staff Action, Order No. 530, FERC Stats. & 
Regs. ] 30,906 (1990), reh'g denied, Order No. 530-A, FERC Stats. & 
Regs. ] 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, FERC Stats. & Regs. ] 31,030 (1995); 
Delegation of Authority, Order No. 613, FERC Stats. & Regs. ] 31,087 
(1999); Delegation of Authority, Order No. 632, FERC Stats. & Regs. 
] 31,143 (2003); Chief Accountant Delegations, Order No. 721, FERC 
Stats. & Regs. ] 31, 287 (2009).
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    3. In 2007, the Commission issued Order No. 704, which created FERC 
Form No. 552. FERC Form No. 552, Annual Report of Natural Gas 
Transactions, collects transactional information from natural gas 
market participants. FERC Form No. 552 is codified in section 260.401 
of the Commission's regulations.\6\
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    \6\ 18 CFR 260.401 (2015).
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II. Discussion

    4. Part 375, Subpart C, of the Commission's rules and regulations 
sets our delegations of authority to the various office directors, such 
as the Director of the Office of Enforcement. Section 375.311 
specifically includes delegations of authority to the Director of the 
Office of Enforcement. Section 375.311(r) includes the authority to 
deny or grant, in whole or in part, motions of extensions of time to 
file, or requests for the waiver of the requirements of the Form Nos, 
1, 1-F, 2, 2-A and 6, the Form 60, 61, 730 and Electric Quarterly 
Reports.\7\ Section 375.311 (s) includes the authority to provide 
notification if any of the above filings fails to comply with the 
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.\8\
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    \7\ 18 CFR 375.311(r).
    \8\ 18 CFR 375.311(s).

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[[Page 81179]]

    5. Order No. 704 created the FERC Form No. 552 filing requirements. 
However, there is no delegated authority contained in the regulations 
similar to that found for the other forms administered by the Office of 
Enforcement. In order to create consistency among the delegations for 
forms administered by the Office of Enforcement, this rule amends 18 
CFR 375.311(r) and (s) to add FERC Form No. 552 to the list of forms 
included in the delegations to the Director of the Office of 
Enforcement.

III. Information Collection Statement

    6. Review by the Office of Management and Budget, pursuant to 
section 3507(d) of the Paperwork Reduction Act of 1995, is not required 
since this final rule does not contain new or modified information 
collection or recordkeeping requirements.

IV. Environmental Analysis

    7. 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. 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. 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.

V. Regulatory Flexibility Act

    8. The Regulatory Flexibility Act of 1980 (RFA) 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.

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 FERC's Home Page (http://www.ferc.gov) and in FERC's 
Public Reference Room during normal business hours (8:30 a.m. to 5:00 
p.m. Eastern time) at 888 First Street NE., Room 2A, Washington DC 
20426.
    10. From FERC'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.
    11. User assistance is available for eLibrary and the FERC's Web 
site during normal business hours from FERC 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

    12. These regulations are effective January 28, 2016. This rule is 
exempt from the Congressional Review Act \9\ under section 804 (3) 
because it relates to ``agency management or personnel; or (C) any rule 
of agency organization, procedure, or practice that does not 
substantially affect the rights or obligations of non-agency parties.''
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    \9\ 5 U.S.C. 801-808.
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List of Subjects in 18 CFR Part 375

    Authority delegations (Government agencies), Seals and insignia, 
Sunshine Act.

    By the Commission.

    Issued: December 22, 2015.
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); Annual Report of 
Natural Gas Transactions (Form No. 552); 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)).
    (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), Annual Report of 
Natural Gas Transactions (Form No. 552), 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.
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[FR Doc. 2015-32690 Filed 12-28-15; 8:45 am]
 BILLING CODE 6717-01-P