[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Rules and Regulations]
[Pages 31728-31730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11242]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 375

[Docket No. RM22-15-000; Order No. 883]


Certification of Uncontested Settlements by Settlement Judges

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
revising its delegation of authority regulations to authorize the Chief

[[Page 31729]]

Administrative Law Judge and the Administrative Law Judge designated by 
the Chief Administrative Law Judge to serve as a settlement judge for a 
proceeding to certify to the Commission uncontested offers of 
settlement.

DATES: This rule is effective June 24, 2022.

FOR FURTHER INFORMATION CONTACT: Lawrence R. Greenfield, Ofice of the 
General Counsel, Federal Energy Regulatory Commission, 888 First Street 
NE, Washington, DC 20426, (202) 502-6415, [email protected].

SUPPLEMENTARY INFORMATION: 1. In this instant final rule, the 
Commission codifies its precedent, revising its delegation of authority 
regulations to authorize the Chief Administrative Law Judge and the 
Administrative Law Judge designated by the Chief Administrative Law 
Judge to serve as a settlement judge (collectively, ``settlement 
judge'') for a proceeding to certify to the Commission uncontested 
offers of settlement.

I. Discussion

    2. The Commission has long recognized the importance of settlements 
among the participants to litigated proceedings as a tool to 
efficiently and expeditiously resolve those contested proceedings set 
for trial-type evidentiary hearing, as well as other contested 
proceedings.\1\ Settlement judges are particularly crucial to helping 
participants resolve such proceedings. The Commission's Rules of 
Practice and Procedure have thus long provided for the appointment of 
settlement judges by the Chief Administrative Law Judge.\2\ While the 
settlement judge is authorized to convene and preside over conferences 
and negotiations by the participants to a proceeding, and then to 
assess the practicalities of potential settlement, and then to report 
to the Chief Administrative Law Judge or the Commission, as 
appropriate, recommending continuation or termination of settlement 
negotiations, the Commission's regulations do not expressly authorize 
the settlement judge to certify uncontested settlements to the 
Commission.\3\
---------------------------------------------------------------------------

    \1\ E.g., Ariz. Pub. Serv. Co., 97 FERC ] 61,315, at 62,449 
(2001) (``it has been Commission policy to promote voluntary 
settlements as an important tool in the administration of our 
jurisdictional responsibilities''); Tex. Gas Transmission Corp., 28 
FERC ] 61,372, at 61,665-66 (1984) (encouraging settlements, as they 
can play an important part in resolving issues without prolonged and 
contentious litigation); cf. Tex. E. Transmission Corp. v. FPC, 306 
F.2d 345, 347-48 (5th Cir. 1962) (``For Commission approved 
voluntary settlements are an important and desirable mechanism as 
the Commission undertakes the staggering burden of dealing with the 
ceaseless flow of the ever-more complicated problems. . . . 
Consequently settlements should be encouraged, not discouraged.'' 
(footnotes omitted)).
    \2\ 18 CFR 385.603 (2021).
    \3\ Compare 18 CFR 385.603 with 18 CFR 385.602 (2021). The Rules 
of Practice and Procedure authorize ``presiding officers'' to 
certify uncontested settlements, see 18 CFR 385.602(g)(1), and 
presiding officers are defined to include the Commissioner or 
administrative law judge designated to preside at the hearing, the 
Chief Administrative Law Judge, or with respect to proceedings not 
set for trial-type hearing the Commission employee designated to 
conduct such proceeding. 18 CFR 385.102(e) (2021). Settlement judges 
are not mentioned. The Commission's delegation of authority 
regulations similarly do not expressly authorize settlement judges 
to certify uncontested settlements. 18 CFR 375.304 (2021).
---------------------------------------------------------------------------

    3. Recognizing that the Commission's regulations did not expressly 
authorize settlement judges to certify uncontested settlements to the 
Commission, in 2002 the Commission sought to clarify this matter (and 
others not relevant here).\4\ The Commission noted that, in fact, at 
that time settlement judges were already typically certifying 
uncontested settlements, and the Commission went on to conclude that 
settlement judges' doing so was ``appropriate and not inconsistent with 
[the] regulations.'' \5\ That is, the Commission expressly authorized 
settlement judges henceforth to do what they had been doing previously 
without express authorization, i.e., certify uncontested settlements. 
The Commission had not changed its delegation of authority regulations, 
however. We now do so, and we in this document codify in our delegation 
of authority regulations express authorization for settlement judges to 
certify uncontested settlements.
---------------------------------------------------------------------------

    \4\ Cities of Anaheim v. Cal. Indep. Sys. Operator Corp., 101 
FERC ] 61,392 (2002).
    \5\ Id. P 12 & n.8.
---------------------------------------------------------------------------

II. Information Collection Statement

    4. The Office of Management Budget's regulations require approval 
of certain information collection requirements imposed by agency 
rules.\6\ This final rule, however, results in no new, additional, or 
different reporting burdens. This final rule does not require public 
utilities or natural gas companies, or indeed any participant in a 
Commission proceeding, to file new, additional, or different 
information, and it does not change the frequency with which they must 
file information.
---------------------------------------------------------------------------

    \6\ 5 CFR 1320.13 (2021).
---------------------------------------------------------------------------

III. Environmental Analysis

    5. 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.\7\ 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.\8\ This final rule, 
codifying the ability of settlement judges to certify uncontested 
settlements, is clarifying and procedural and thus is exempt under that 
provision.
---------------------------------------------------------------------------

    \7\ Reguls. Implementing the Nat'l Envt'l Pol'y Act, Order No. 
486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 30,783 (1987) 
(cross-referenced at 41 FERC ] 61,284).
    \8\ 18 CFR 380.4(a)(2)(ii) (2021).
---------------------------------------------------------------------------

IV. Regulatory Flexibility Act

    6. The Regulatory Flexibility Act of 1980 (RFA) \9\ 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 
authorize settlement judges to certify uncontested settlements and does 
not create any additional requirements for participants. Indeed, by 
expressly delegating such authority, the Commission provides clarity 
concerning settlement judges' authority to certify participants' 
uncontested settlements, and that will benefit the participants in 
Commission proceedings. The Commission thus certifies that this final 
rule will not have a significant economic impact upon participants in 
Commission proceedings. An analysis under the RFA is therefore not 
required.
---------------------------------------------------------------------------

    \9\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------

V. Document Availability

    7. 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 President's March 13, 2020 
proclamation declaring a National Emergency concerning the Novel 
Coronavirus Disease (COVID-19).
    8. From the Commission's Home Page on the internet, this 
information is available on eLibrary. The full text of

[[Page 31730]]

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.
    9. 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 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

VI. Effective Date and Congressional Notification

    10. These regulations are effective June 24, 2022. The Commission 
is issuing this rule as a final rule without a period for public 
comment. Under 5 U.S.C. 553(b)(3)(A), notice and comment procedures are 
unnecessary for ``rules of agency organization, procedure, or 
practice.'' This rule is such a rule, and, by codifying in the 
regulations the delegation of authority to settlement judges to certify 
uncontested settlements to the Commission, this rule is directed at 
improving the efficient and effective operations of the Commission, not 
toward a determination of the rights, interests, or obligations of any 
affected participants. Notice and comment procedures are thus not 
required.
    11. The Congressional Review Act provides for Congressional 
notification of certain rules, but essentially exempts ``any rule of 
agency organization, procedure, or practice that does not substantially 
affect the rights or obligations of non-agency parties.'' \10\ This 
rule is such a rule, and, by codifying in the regulations the 
delegation of authority to settlement judges to certify uncontested 
settlements to the Commission, this rule is directed at improving the 
efficient and effective operations of the Commission, not toward a 
determination of the rights, interests, or obligations of any affected 
participants. Congressional notification is thus not required.
---------------------------------------------------------------------------

    \10\ 5 U.S.C. 804(3)(C).
---------------------------------------------------------------------------

List of Subjects in 18 CFR Part 375

    Authority delegations.

    By the Commission.

    Issued: May 19, 2022.
Debbie-Anne A. Reese,
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.  375.304, paragraph (c) is added to read as follows:


Sec.  375.304  Delegations to the Chief Administrative Law Judge.

* * * * *
    (c) The Commission authorizes the Chief Administrative Law Judge, 
and the Administrative Law Judge designated by the Chief Administrative 
Law Judge to serve as a settlement judge for a proceeding, to certify 
to the Commission uncontested offers of settlement.

[FR Doc. 2022-11242 Filed 5-24-22; 8:45 am]
BILLING CODE 6717-01-P


