82 FR 10568 - Agency Operations in the Absence of a Quorum; Order Delegating Further Authority to Staff in Absence of Quorum

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 82, Issue 29 (February 14, 2017)

Page Range		10568-10569
FR Document		2017-02943
Federal Register, Volume 82 Issue 29 (Tuesday, February 14, 2017)
[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Notices]
[Pages 10568-10569]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02943]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No., AD17-10-000]


Agency Operations in the Absence of a Quorum; Order Delegating 
Further Authority to Staff in Absence of Quorum

Before Commissioners: Cheryl A. LaFleur, Acting Chairman; Norman C. 
Bay, and Colette D. Honorable.

I. Introduction

    1. Pursuant to section 401(b) of the Department of Energy 
Organization Act,\1\ the Commission is composed of five members, and 
pursuant to section 401(e) of the Department of Energy Organization 
Act,\2\ ``a quorum for the transaction of business shall consist of at 
least three members present.'' The Commission anticipates that it will 
lack a quorum for an indeterminate period in the near future. The 
Commission also recognizes that it has a continuing responsibility to 
carry out its regulatory obligations under the various statutes that 
the Commission administers, including among other statutes, the Federal 
Power Act (FPA), the Natural Gas Act (NGA), and the Interstate Commerce 
Act (ICA), in an effective and efficient manner consistent with the 
public interest.\3\ For example, companies subject to the Commission's 
jurisdiction will continue to make rate filings under the FPA and NGA 
with the Commission that, in the absence of Commission action, would 
take effect without suspension, refund protection, or the ability for 
protesting parties to appeal.\4\ The Commission's general practice has 
been not to allow such filings to go into effect by operation of law. 
Similarly, the Commission's intention is to ensure that staff has 
authority to prevent such filings from going into effect by operation 
of law during the period in which the Commission lacks a quorum.
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    \1\ 42 U.S.C. 7171(b) (2012).
    \2\ 42 U.S.C. 7171(e) (2012); accord 18 CFR 375.101(e) (2016).
    \3\ 16 U.S.C. 791a et seq.; 15 U.S.C. 717 et seq.; 49 App. 
U.S.C. 1 et seq. (1988).
    \4\ See Public Citizen, Inc. v. FERC, 839 F.3d 1165 (D.C. Cir. 
2016).
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    2. Accordingly, the Commission by this order, issued while the 
Commission has a quorum, delegates further authority \5\ to its staff 
\6\ to take action, as provided below,\7\ effective February 4, 2017. 
The authority delegated herein is effective until such time as the 
Commission again has a quorum and takes action to lift the delegation, 
and in no event will this delegation extend beyond days 14 days 
following the date a quorum is reestablished (Delegation Period).\8\
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    \5\ All pre-existing delegations of authority by the Commission 
to its staff continue to be effective. 18 CFR 375.301-.315 (2016). 
This includes the authority of the Secretary to toll the time for 
action on requests for rehearing. 18 CFR 375.302(v) (2016).
    \6\ This delegation of authority is to the relevant office 
director, but such authority may be further delegated to his or her 
designee consistent with 18 CFR 375.301(b) (2016).
    \7\ As to emergency functions, the Commission will look to the 
Anti-Deficiency Act to guide its decision as to what actions may 
continue to be pursued notwithstanding the absence of a quorum and 
even if it were not to delegate authority to its staff. 
Specifically, the Anti-Deficiency Act allows work to continue even 
during a lapse in appropriations on activities the suspension of 
which would ``imminently threaten the safety of human life or the 
protection of property.'' 31 U.S.C. 1342 (2012); see also 31 U.S.C. 
1341 (2012). Thus, during the Delegation Period even in the absence 
of this delegation of authority to its staff, limited Commission 
operations can continue: inspecting and responding to incidents at 
liquefied natural gas facilities or jurisdictional hydropower 
projects; and other activities involving the safety of human life or 
protection of property.
    \8\ 41 U.S.C. 7171(f) (2012) (authorizing the Commission ``to 
establish such procedural and administrative rules as are necessary 
to the exercise of its functions''); accord, e.g., 15 U.S.C. 717o 
(2012); 16 U.S.C. 825h (2012); see generally 18 CFR 375.301-.315 
(2016) (pre-existing delegations of authority by Commission to its 
staff); cf. NLRB v. Bluefield Hospital Co., LLC, 821 F.3d 534 (4th 
Cir. 2016) (upholding the authority of the Board's staff to act 
pursuant to delegated authority when the Board did not have a 
quorum); Advanced Disposal Services East, Inc. v. NLRB, 820 F.3d 592 
(3d Cir. 2016) (same); UC Health v. NLRB, 803 F.3d 669 (D.C. Cir. 
2015) (same); SSC Mystic Operating Co., LLC v. NLRB, 801 F.3d 302 
(D.C. Cir. 2015) (same).
    The Commission, when previously facing similar circumstances, 
has taken similar action to delegate further authority to its staff 
to act in the absence of a quorum. Order Delegating Authority to the 
Secretary and Certain Office Directors, 63 FERC ] 61,073 (1993).
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II. Delegation of Agency Authority

A. Notice

    3. Given the anticipated loss of a quorum,\9\ an immediate plan for 
the orderly delegation of agency functions to the Commission's staff is 
required. Public notice of this action, otherwise required by 5 U.S.C. 
553(b) (2012), is impracticable because of the timeframe for the 
anticipated loss of quorum. The Commission's requirement to protect the 
public interest creates an immediate need for this action.
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    \9\ At present, the Commission has three sitting members, but 
will lose a quorum after February 3, 2017.
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B. Action on Rate and Other Filings

    4. If the date by which the Commission is required to act on rate 
and other filings\10\ made pursuant to section 4 of the NGA, 15 U.S.C. 
717c (2012), section 205 of the FPA, 16 U.S.C. 824d (2012), and section 
6(3) of the ICA, 49 App. U.S.C. 6(3) (1988), falls during the 
Delegation Period, the Commission in this order delegates to its staff 
(a delegation to the Director of the Office of Energy Market Regulation 
(OEMR)) the further authority: (1) o accept and suspend such filings 
and to make them effective, subject to refund and further order of the 
Commission;\11\ or (2) to accept and suspend such filings and to make 
them effective, subject to refund, and to set them for hearing and 
settlement judge procedures. For initial rates or rate decreases filed 
pursuant to section 205 of the FPA, for which suspension and refund 
protection are unavailable, we also delegate to Commission staff 
authority, pursuant to section 206 of the FPA,\12\ to institute a 
proceeding to protect the interests of customers.
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    \10\ Decisions made pursuant to delegated authority may be 
challenged on rehearing, see 18 CFR 385.1902 (2016), and authority 
to act on requests for rehearing is not being delegated (authority 
to issue tolling orders already rests with the Secretary, see supra 
note 5), and so timely requests for rehearing will be addressed when 
the Commission again has a quorum.
    \11\ The acceptance for filing and suspension and making 
effective subject to refund and to further Commission order of these 
filings is without prejudice to any further action of the Commission 
with respect to these filings once the Commission again has a 
quorum.
    \12\ 16 U.S.C. 824e (2012).
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C. Extensions of Time

    5. The Commission delegates the authority to extend the time for 
action on matters where such extension of time is permitted by statute.

D. Waiver Requests

    6. During the Delegation Period, the Commission in this order 
delegates to its staff (a delegation to the Director of OEMR) the 
further authority to take appropriate action on uncontested filings 
made pursuant to section 4 of the NGA, 15 U.S.C. 717c (2012), section 
205 of the FPA, 16 U.S.C. 824d (2012), and section 6(3) of the ICA, 49 
App. U.S.C. 6(3) (1988), seeking waivers of the terms and conditions of 
tariffs, rate schedules and service agreements, including waivers 
related to, e.g., capacity release and capacity market rules.

E. Uncontested Settlements

    7. During the Delegation Period, the Commission in this order 
delegates to its staff (a delegation to the Director of

[[Page 10569]]

OEMR) the further authority to accept settlements not contested by any 
party or participant, including Commission Trial Staff, filed pursuant 
to Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR 
385.602 (2016).\13\
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    \13\ See, e.g., 16 U.S.C. 824b(a)(5) (2012) (providing for 
extensions of 180-day period for consideration of FPA section 203 
filings); 18 CFR 375.302(a)(2)(vi) (2016) (providing for extensions 
of time to consider FPA section 215 Notices of Penalties).
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The Commission Orders
    (A) The Commission hereby delegates to its staff further authority 
to act, effective February 4, 2017, until the Commission again has a 
quorum, as discussed in the body of this order.
    (B) The Secretary is hereby directed to promptly publish this order 
in the Federal Register.

    By the Commission.

    Issued: February 3, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-02943 Filed 2-13-17; 8:45 am]
 BILLING CODE 6717-01-P
10568 Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Notices

Dated: February 6, 2017. has a quorum, delegates further B. Action on Rate and Other Filings
Kimberly D. Bose, authority 5 to its staff 6 to take action, as 4. If the date by which the
Secretary. provided below,7 effective February 4, Commission is required to act on rate
[FR Doc. 2017–02948 Filed 2–13–17; 8:45 am] 2017. The authority delegated herein is and other filings10 made pursuant to
BILLING CODE 6717–01–P effective until such time as the section 4 of the NGA, 15 U.S.C. 717c
Commission again has a quorum and (2012), section 205 of the FPA, 16 U.S.C.
takes action to lift the delegation, and in 824d (2012), and section 6(3) of the ICA,
DEPARTMENT OF ENERGY no event will this delegation extend 49 App. U.S.C. 6(3) (1988), falls during
beyond days 14 days following the date the Delegation Period, the Commission
Federal Energy Regulatory a quorum is reestablished (Delegation in this order delegates to its staff (a
Commission Period).8 delegation to the Director of the Office
[Docket No., AD17–10–000] II. Delegation of Agency Authority of Energy Market Regulation (OEMR))
the further authority: (1) o accept and
Agency Operations in the Absence of A. Notice suspend such filings and to make them
a Quorum; Order Delegating Further effective, subject to refund and further
Authority to Staff in Absence of 3. Given the anticipated loss of a
quorum,9 an immediate plan for the order of the Commission;11 or (2) to
Quorum accept and suspend such filings and to
orderly delegation of agency functions
Before Commissioners: Cheryl A. LaFleur, to the Commission’s staff is required. make them effective, subject to refund,
Acting Chairman; Norman C. Bay, and Public notice of this action, otherwise and to set them for hearing and
Colette D. Honorable. required by 5 U.S.C. 553(b) (2012), is settlement judge procedures. For initial
impracticable because of the timeframe rates or rate decreases filed pursuant to
I. Introduction section 205 of the FPA, for which
for the anticipated loss of quorum. The
1. Pursuant to section 401(b) of the Commission’s requirement to protect suspension and refund protection are
Department of Energy Organization the public interest creates an immediate unavailable, we also delegate to
Act,1 the Commission is composed of need for this action. Commission staff authority, pursuant to
five members, and pursuant to section section 206 of the FPA,12 to institute a
401(e) of the Department of Energy 5 All pre-existing delegations of authority by the proceeding to protect the interests of
Organization Act,2 ‘‘a quorum for the Commission to its staff continue to be effective. 18 customers.
transaction of business shall consist of CFR 375.301–.315 (2016). This includes the
at least three members present.’’ The authority of the Secretary to toll the time for action C. Extensions of Time
Commission anticipates that it will lack on requests for rehearing. 18 CFR 375.302(v) (2016). 5. The Commission delegates the
6 This delegation of authority is to the relevant
a quorum for an indeterminate period in office director, but such authority may be further
authority to extend the time for action
the near future. The Commission also delegated to his or her designee consistent with 18 on matters where such extension of time
recognizes that it has a continuing CFR 375.301(b) (2016). is permitted by statute.
responsibility to carry out its regulatory 7 As to emergency functions, the Commission will
D. Waiver Requests
obligations under the various statutes look to the Anti-Deficiency Act to guide its decision
as to what actions may continue to be pursued 6. During the Delegation Period, the
that the Commission administers, notwithstanding the absence of a quorum and even
including among other statutes, the if it were not to delegate authority to its staff. Commission in this order delegates to
Federal Power Act (FPA), the Natural Specifically, the Anti-Deficiency Act allows work to its staff (a delegation to the Director of
Gas Act (NGA), and the Interstate continue even during a lapse in appropriations on OEMR) the further authority to take
activities the suspension of which would appropriate action on uncontested
Commerce Act (ICA), in an effective and ‘‘imminently threaten the safety of human life or
efficient manner consistent with the the protection of property.’’ 31 U.S.C. 1342 (2012); filings made pursuant to section 4 of the
public interest.3 For example, see also 31 U.S.C. 1341 (2012). Thus, during the NGA, 15 U.S.C. 717c (2012), section 205
companies subject to the Commission’s Delegation Period even in the absence of this of the FPA, 16 U.S.C. 824d (2012), and
delegation of authority to its staff, limited section 6(3) of the ICA, 49 App. U.S.C.
jurisdiction will continue to make rate Commission operations can continue: inspecting
filings under the FPA and NGA with the and responding to incidents at liquefied natural gas 6(3) (1988), seeking waivers of the terms
Commission that, in the absence of facilities or jurisdictional hydropower projects; and and conditions of tariffs, rate schedules
Commission action, would take effect other activities involving the safety of human life and service agreements, including
or protection of property. waivers related to, e.g., capacity release
without suspension, refund protection, 8 41 U.S.C. 7171(f) (2012) (authorizing the
or the ability for protesting parties to Commission ‘‘to establish such procedural and
and capacity market rules.
appeal.4 The Commission’s general administrative rules as are necessary to the exercise E. Uncontested Settlements
practice has been not to allow such of its functions’’); accord, e.g., 15 U.S.C. 717o
filings to go into effect by operation of (2012); 16 U.S.C. 825h (2012); see generally 18 CFR 7. During the Delegation Period, the
375.301–.315 (2016) (pre-existing delegations of Commission in this order delegates to
law. Similarly, the Commission’s authority by Commission to its staff); cf. NLRB v.
intention is to ensure that staff has Bluefield Hospital Co., LLC, 821 F.3d 534 (4th Cir. its staff (a delegation to the Director of
authority to prevent such filings from 2016) (upholding the authority of the Board’s staff
to act pursuant to delegated authority when the 10 Decisions made pursuant to delegated authority
going into effect by operation of law Board did not have a quorum); Advanced Disposal may be challenged on rehearing, see 18 CFR
during the period in which the Services East, Inc. v. NLRB, 820 F.3d 592 (3d Cir. 385.1902 (2016), and authority to act on requests for
Commission lacks a quorum. 2016) (same); UC Health v. NLRB, 803 F.3d 669 rehearing is not being delegated (authority to issue
2. Accordingly, the Commission by (D.C. Cir. 2015) (same); SSC Mystic Operating Co., tolling orders already rests with the Secretary, see
LLC v. NLRB, 801 F.3d 302 (D.C. Cir. 2015) (same). supra note 5), and so timely requests for rehearing
this order, issued while the Commission
sradovich on DSK3GMQ082PROD with NOTICES

The Commission, when previously facing similar will be addressed when the Commission again has
circumstances, has taken similar action to delegate a quorum.
1 42 U.S.C. 7171(b) (2012). 11 The acceptance for filing and suspension and
further authority to its staff to act in the absence of
2 42 U.S.C. 7171(e) (2012); accord 18 CFR a quorum. Order Delegating Authority to the making effective subject to refund and to further
375.101(e) (2016). Secretary and Certain Office Directors, 63 FERC ¶ Commission order of these filings is without
3 16 U.S.C. 791a et seq.; 15 U.S.C. 717 et seq.; 49 61,073 (1993). prejudice to any further action of the Commission
App. U.S.C. 1 et seq. (1988). 9 At present, the Commission has three sitting with respect to these filings once the Commission
4 See Public Citizen, Inc. v. FERC, 839 F.3d 1165 members, but will lose a quorum after February 3, again has a quorum.
(D.C. Cir. 2016). 2017. 12 16 U.S.C. 824e (2012).

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Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Notices 10569

OEMR) the further authority to accept listed on the Commission’s list of accompanying rate tariff, noting that
settlements not contested by any party Corporate Officials. such application includes a request for
or participant, including Commission Any person desiring to intervene or to blanket authorization, under 18 CFR
Trial Staff, filed pursuant to Rule 602 of protest this filing must file in part 34, of future issuances of securities
the Commission’s Rules of Practice and accordance with Rules 211 and 214 of and assumptions of liability.
Procedure, 18 CFR 385.602 (2016).13 the Commission’s Rules of Practice and
Any person desiring to intervene or to
Procedure (18 CFR 385.211, 385.214).
The Commission Orders protest should file with the Federal
Protests will be considered by the
(A) The Commission hereby delegates Commission in determining the Energy Regulatory Commission, 888
to its staff further authority to act, appropriate action to be taken, but will First Street NE., Washington, DC 20426,
effective February 4, 2017, until the not serve to make protestants parties to in accordance with Rules 211 and 214
Commission again has a quorum, as the proceeding. Any person wishing to of the Commission’s Rules of Practice
discussed in the body of this order. become a party must file a notice of and Procedure (18 CFR 385.211 and
(B) The Secretary is hereby directed to intervention or motion to intervene, as 385.214). Anyone filing a motion to
promptly publish this order in the appropriate. The Respondent’s answer intervene or protest must serve a copy
Federal Register. and all interventions, or protests must of that document on the Applicant.
By the Commission. be filed on or before the comment date. Notice is hereby given that the
Issued: February 3, 2017. The Respondent’s answer, motions to deadline for filing protests with regard
Kimberly D. Bose,
intervene, and protests must be served to the applicant’s request for blanket
on the Complainants. authorization, under 18 CFR part 34, of
Secretary.
The Commission encourages future issuances of securities and
[FR Doc. 2017–02943 Filed 2–13–17; 8:45 am]
electronic submission of protests and assumptions of liability, is February 23,
BILLING CODE 6717–01–P interventions in lieu of paper using the 2017.
‘‘eFiling’’ link at http://www.ferc.gov.
Persons unable to file electronically The Commission encourages
DEPARTMENT OF ENERGY electronic submission of protests and
should submit an original and 5 copies
of the protest or intervention to the interventions in lieu of paper, using the
Federal Energy Regulatory
Federal Energy Regulatory Commission, FERC Online links at http://
Commission
888 First Street NE., Washington, DC www.ferc.gov. To facilitate electronic
[Docket No. EL17–45–000] 20426. service, persons with Internet access
This filing is accessible on-line at who will eFile a document and/or be
California Public Utilities Commission; http://www.ferc.gov, using the listed as a contact for an intervenor
Northern California Power Agency; ‘‘eLibrary’’ link and is available for must create and validate an
State Water Contractors; Transmission electronic review in the Commission’s eRegistration account using the
Agency of Northern California v. Public Reference Room in Washington, eRegistration link. Select the eFiling
Pacific Gas and Electric Company; DC. There is an ‘‘eSubscription’’ link on link to log on and submit the
Notice of Complaint the Web site that enables subscribers to intervention or protests.
Take notice that on February 2, 2017, receive email notification when a
Persons unable to file electronically
pursuant to sections 206 and 306 of the document is added to a subscribed
docket(s). For assistance with any FERC should submit an original and 5 copies
Federal Power Act 1 and Rules 206 and of the intervention or protest to the
212 of the Federal Energy Regulatory Online service, please email
FERCOnlineSupport@ferc.gov, or call Federal Energy Regulatory Commission,
Commission’s (Commission) Rules of 888 First Street NE., Washington, DC
Practice and Procedure,2 California (866) 208–3676 (toll free). For TTY, call
(202) 502–8659. 20426.
Public Utilities Commission, Northern
California Power Agency, State Water Comment Date: 5:00 p.m. Eastern The filings in the above-referenced
Contractors and Transmission Agency of Time on February 22, 2017. proceeding are accessible in the
Northern California (collectively, the Dated: February 3, 2017. Commission’s eLibrary system by
Complainants), filed a formal complaint Kimberly D. Bose, clicking on the appropriate link in the
against Pacific Gas and Electric Secretary. above list. They are also available for
Company (PG&E or Respondent) [FR Doc. 2017–02947 Filed 2–13–17; 8:45 am] electronic review in the Commission’s
alleging that PG&E has violated its Public Reference Room in Washington,
BILLING CODE 6717–01–P
obligation under Order No. 890 to DC. There is an eSubscription link on
conduct an open, coordinated, and the Web site that enables subscribers to
transparent transmission planning DEPARTMENT OF ENERGY receive email notification when a
process by approving more than 80 document is added to a subscribed
percent of its transmission projects on Federal Energy Regulatory docket(s). For assistance with any FERC
an entirely internal basis, as more fully Commission Online service, please email
explained in the complaint. FERCOnlineSupport@ferc.gov. or call
[Docket No. ER17–923–000]
Complainants certify that copies of (866) 208–3676 (toll free). For TTY, call
the Complaint were served on contacts Ashley Energy LLC; Supplemental (202) 502–8659.
sradovich on DSK3GMQ082PROD with NOTICES

for Pacific Gas and Electric Company as Notice That Initial Market-Based Rate Dated: February 3, 2017.
Filing Includes Request for Blanket
13 See,e.g., 16 U.S.C. 824b(a)(5) (2012) (providing
Section 204 Authorization Kimberly D. Bose,
for extensions of 180-day period for consideration
Secretary.
of FPA section 203 filings); 18 CFR 375.302(a)(2)(vi)
(2016) (providing for extensions of time to consider
This is a supplemental notice in the [FR Doc. 2017–02949 Filed 2–13–17; 8:45 am]
FPA section 215 Notices of Penalties). above-referenced proceeding of Ashley
BILLING CODE 6717–01–P
1 16 U.S.C. 824e and 825e. Energy LLC’s application for market-
2 18 CFR 385.206 and 385.212. based rate authority, with an

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Document Created: 2017-02-13 23:40:19
Document Modified: 2017-02-13 23:40:19
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 10568
82 FR 10568 - Agency Operations in the Absence of a Quorum; Order Delegating Further Authority to Staff in Absence of Quorum

DEPARTMENT OF ENERGYFederal Energy Regulatory Commission

Federal Register Volume 82, Issue 29 (February 14, 2017)

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
