[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


