[Federal Register: June 16, 2005 (Volume 70, Number 115)]
[Rules and Regulations]
[Page 35027-35028]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn05-6]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 294
[Docket No. RM05-19-000; Order No. 659]
Electronic Reporting of Shortages and Anticipated Shortages of
Electric Energy and Capacity
Issued May 27, 2005.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
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SUMMARY: The Federal Energy Regulatory Commission is revising its
regulations to provide that the means by which public utilities must
report shortages and anticipated shortages of electric energy and
capacity is by submitting an electronic filing via the Division of
Reliability's pager system at emergency@ferc.gov, instead of filing
with the Secretary of the Commission.
EFFECTIVE DATE: The rule will become effective June 16, 2005.
FOR FURTHER INFORMATION CONTACT: Jonathan E. First, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202) 502-8529.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell,
Joseph T. Kelliher, and Suedeen G. Kelly.
1. This Final Rule amends part 294 of the Federal Energy Regulatory
Commission's (Commission's) regulations, 18 CFR part 294 (2004), to
provide that the means by which public utilities must comply with the
requirement to report shortages and anticipated shortages of electric
energy and capacity is by submitting a single electronic filing to the
Commission via the Division of Reliability's pager system at
emergency@ferc.gov, in lieu of the current requirement to file an
original and two copies with the Secretary of the Commission.
2. Section 202(g) of the Federal Power Act, 16 U.S.C 824a(g)
(2000), which implements section 206 of the Public Utility Regulatory
Policies Act of 1978 (Continuance of Service), directs the Commission
to promulgate a rule requiring that each public utility report
``promptly'' to the Commission and appropriate state regulatory
authorities any anticipated shortage of electric energy or capacity
which would affect the public utility's ability to serve its wholesale
customers.
3. In conformance with this statutory provision, Part 294 of the
Commission's regulations defines ``anticipated shortage of electric
energy or capacity'' and sets forth reporting requirements for public
utilities. Among other things, a report filed pursuant to Part 294 must
include the nature and projected duration of the anticipated shortage,
a list of firm wholesale customers likely to be affected by the
shortage, procedures for accommodating the shortage and a contact
person at the public utility.\1\ Section 294.101(e) of the Commission's
regulations, 18 CFR 294.101(e) (2004), provides that a public utility
that submits a report pursuant to Part 294 must file an original and at
least two copies to the Commission as well as one copy to relevant
state regulators and firm power wholesale customers, ``unless otherwise
required by the Commission.''
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\1\ 18 CFR 294.101(c) (2004). Alternatively, 18 CFR 294.101(f)
(2004) states that a public utility that provides in its rate
schedule that it will notify appropriate states regulators and its
firm power wholesale customers of anticipated shortages need only
report to the Commission the nature and projected duration of the
anticipated shortage and supply a list of firm power wholesale
customers affected or likely to be affected.
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4. Generally, documents filed with the Commission must be submitted
to the Secretary of the Commission, 18 CFR 375.105(c) (2004). However,
time may be of the essence when a public utility is experiencing a
shortage or anticipated shortage of electric energy or capacity. The
Commission must receive information in as close to real time as
possible for it to monitor meaningfully and, if appropriate, react to
the situation. Accordingly, the Commission is revising section
294.101(e) of its regulations to provide that the means by which public
utilities must comply with the requirement to report shortages and
anticipated shortages of electric energy and capacity is by promptly
submitting a single electronic report to the Commission via the
Division of Reliability's electronic pager system at
emergency@ferc.gov.
Information Collection Statement
5. The Office of Management and Budget's (OMB) regulations require
that OMB approve certain information collection requirements imposed by
the agency. 5 CFR part 1320. This Final Rule, which requires a single
electronic submission under part 294 of the Commission's regulations
and eliminates the filing of copies, is not subject to OMB approval.
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.\2\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included are exemptions for procedural or ministerial
actions and for information gathering.\3\ This rulemaking is exempt
under those provisions.
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\2\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. Preambles 1986-1990 ] 30,783 (1987).
\3\ 18 CFR 380.4(a)(1) and (5) (2004).
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Regulatory Flexibility Act Certification
7. The Regulatory Flexibility Act of 1980 \4\ 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 does not create any new substantive obligations and eliminates the
filing of copies under part 294 of the Commission's regulations. This
change will have no significant economic impact on a substantial number
of small entities. Accordingly, no regulatory flexibility analysis is
required.
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\4\ 5 U.S.C. 601-612 (2000).
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Document Availablity
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 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 p.m.
eastern time) at 888 First Street, NE., Room 2A, Washington DC 20426.
[[Page 35028]]
9. From FERC's Home Page on the Internet, this information is
available in the Federal Energy Regulatory Records Information System
(FERRIS). The full text of this document is available on FERRIS in PDF
and Microsoft Word format for viewing, printing, and/or downloading. To
access this document in FERRIS, type the docket number excluding the
last three digits of this document in the docket number field.
10. User assistance is available for FERRIS and the FERC's Web site
during normal business hours from our Help line at (202) 502-8222 or
the Public Reference Room at (202) 502-8371 Press 0, TTY (202) 502-
8659. E-Mail the Public Reference Room at
public.referenceroom@ferc.gov.
Effective Date and Congressional Notification
11. In accordance with 5 U.S.C. 553(d)(3), the Commission finds
that good cause exists to make this Final Rule effective immediately
upon issuance. This Rule affects only the manner of filing under Part
294 of the Commission's regulations and eliminates the filing of copies
with the Commission. The Commission further finds that a period of
public comment on this rule is unnecessary. Under 5 U.S.C. 553(b),
notice and comment procedures are unnecessary where a rulemaking
concerns only agency procedures and practice, or where the agency finds
that notice and comment is unnecessary. This rule concerns only the
manner of filing under Part 294 of the Commission's regulations and
eliminates the filing of copies with the Commission. It will not
significantly affect regulated entities or the general public.
12. The provisions of 5 U.S.C. 801 regarding Congressional review
of Final Rules does not apply to this Final Rule, because the rule
concerns agency procedure and practice and will not substantially
affect the rights of non-agency parties.
List of Subjects in 18 CFR Part 294
Filing requirements.
By the Commission.
Linda Mitry,
Deputy Secretary.
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In consideration of the foregoing, the Commission amends Part 294,
Chapter I, Title 18, Code of Federal Regulations, as follows.
PART 294--PROCEDURES FOR SHORTAGES OF ELECTRIC ENERGY CAPACITY
UNDER SECTION 206 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF
1978
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1. The authority citation for Part 294 continues to read as follows:
Authority: 5 U.S.C. 553; 15 U.S.C. 791a-825r; 42 U.S.C. 7107-
7352.
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2. Section 294.101 is amended by revising paragraph (e) to read as
follows:
Sec. 294.101 Shortages of electric energy and capacity.
* * * * *
(e) Reporting Procedure. Any public utility that reports under this
part must provide an electronic filing to this Commission at
emergency@ferc.gov and one copy to any state regulatory authority and
firm power wholesale customers, unless otherwise required by the
Commission.
* * * * *
[FR Doc. 05-11554 Filed 6-15-05; 8:45 am]
BILLING CODE 6717-01-P