[Federal Register Volume 75, Number 154 (Wednesday, August 11, 2010)]
[Rules and Regulations]
[Pages 48553-48555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19779]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 376
[Docket No. RM10-28-000; Order No. 738]
Supplement to Commission Procedures During Periods of Emergency
Operations Requiring Activation of Continuity of Operations Plan
Issued August 5, 2010.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this rule the Commission supplements the procedures
previously established with regard to filing and other requirements if
the Commission is required to implement its Continuity of Operations
Plan in response to an emergency situation that disrupts communications
to or from the Commission's headquarters or which otherwise impairs
headquarters operations. The rule temporarily tolls for purposes of
further consideration the time period for Commission action required
for relief from, or reinstatement of, an electric utility's mandatory
purchase obligation under the Public Utility Regulatory Policies Act of
1978.
DATES: Effective Date: The rule will become effective August 11, 2010.
FOR FURTHER INFORMATION CONTACT:
Rachel E. Bryant, Office of the General Counsel, Federal Energy
Regulatory Commission, Room 101-32, 888 First St., NE., Washington, DC
20426, (202) 502-6736.
[[Page 48554]]
Lawrence R. Greenfield, Office of the General Counsel, Federal Energy
Regulatory Commission, Room 10D-01, 888 First St., NE., Washington, DC
20426, (202) 502-6415.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer,
Philip D. Moeller, John R. Norris, and Cheryl A. LaFleur.
I. Introduction
1. The Federal Energy Regulatory Commission (Commission) previously
amended its regulations in Order No. 680 by modifying certain filing
requirements and establishing procedures to be effective during
emergencies affecting the Commission that require it to implement its
Continuity of Operations Plan (COOP Plan). The COOP Plan was developed
to address emergency conditions lasting up to 30 days during which
Commission headquarters operations may be temporarily disrupted or
communications may be temporarily unavailable, either of which may
prevent the public or the Commission from meeting regulatory or
statutory requirements.\1\ The COOP Plan temporarily suspends filing
requirements and ensures that deadlines for Commission actions that
fall during the period the COOP Plan is in operation are met, thereby
providing continuity in the conduct of the Commission's business and
certainty to parties with business before the Commission.\2\
---------------------------------------------------------------------------
\1\ More information concerning the COOP Plan can be found on
the Commission's Web site at http://www.ferc.gov/coop.asp.
\2\ Activation of the COOP Plan affects communications with
headquarters only, and does not affect communications required to be
made directly to the Commission's Regional Offices.
---------------------------------------------------------------------------
2. One procedure established by the COOP Plan tolls for purposes of
further consideration the time periods for certain Commission actions
that would otherwise be required during an emergency.\3\ Examples of
such actions include the 60-day period for acting on requests for
Exempt Wholesale Generator or Foreign Utility Company status and the
30-day period for acting on requests for rehearing.\4\ The Commission
is now amending this list to also provide for the tolling of Commission
action required in granting relief from, or reinstatement of, an
electric utility's mandatory purchase obligation under section 210(m)
of the Public Utility Regulatory Policies Act of 1978.\5\
---------------------------------------------------------------------------
\3\ For a complete list of procedures, see Commission Procedures
During Periods of Emergency Operations Requiring Activation of
Continuity of Operations Plan, Order No. 680, FERC Stats. & Regs. ]
31,223 (2006).
\4\ To view a complete list of tolled Commission actions, see
Order 680, FERC Stats. & Regs. ] 31,223 at P 5.
\5\ See 16 U.S.C. 824a-3(m) (2006).
---------------------------------------------------------------------------
II. Discussion
3. The Energy Policy Act of 2005 (EPAct 2005) \6\ was signed into
law on August 8, 2005. Section 1253(a) of EPAct 2005 added section
210(m) to the Public Utility Regulatory Policies Act of 1978 \7\ which
provided, among other things, for termination of the requirement that
an electric utility enter into a new contract or obligation to purchase
electric energy from qualifying cogeneration facilities and qualifying
small power production facilities (QFs) if the Commission finds that
the QF has nondiscriminatory access to one of the three categories of
markets defined in section 210(m)(1)(A), (B) or (C).\8\ In
consideration of the foregoing, the Commission previously amended Part
292 of the Commission's regulations.
---------------------------------------------------------------------------
\6\ Public Law 109-58, 1253, 119 Stat. 594 (2005).
\7\ 16 U.S.C. 824a-3(m).
\8\ New PURPA Section 210(m) Regulations Applicable to Small
Power Production and Cogeneration Facilities, Order No. 688, FERC
Stats. & Regs. ] 31,233, at P 1-8, order on reh'g, Order No. 688-A,
FERC Stats. & Regs. ] 31,250 (2007) (characterizing the three market
types as: (1) Auction based day-ahead and real time markets; (2)
auction based real-time markets but not auction based day-ahead
markets; and (3) comparable markets).
---------------------------------------------------------------------------
4. Sections 292.309 and 292.310 \9\ set forth the standards and
filing requirements for an application by an electric utility seeking
to terminate the requirement to enter into new purchase contracts and
obligations with QFs. Sections 292.311 and 292.313 similarly provide
the standards and filing requirements for an application for
reinstatement of an electric utility's mandatory purchase
obligation.\10\ In each of these situations the Commission issues an
order within 90 days of such application either terminating or
reinstating an electric utility's mandatory purchase obligation.
---------------------------------------------------------------------------
\9\ 18 CFR 292.309, 292.310 (2010); see also 18 CFR Sec.
292.312 (2010).
\10\ 18 CFR 292.311, 292.313 (2010).
---------------------------------------------------------------------------
5. Section 376.209(c) \11\ enables the Commission, during an
emergency, to toll for purpose of further consideration the time
periods for certain Commission actions. The Commission's regulations,
while providing for the tolling of many Commission actions, do not
address the termination of, or reinstatement of, the mandatory purchase
obligation. To fill this gap, this rule amends the Commission's COOP
Plan to include the tolling of the 90-day period for acting on
applications requesting relief from, or reinstatement of, the mandatory
purchase obligation.
---------------------------------------------------------------------------
\11\ 18 CFR 376.209(c) (2010).
---------------------------------------------------------------------------
III. Regulatory Flexibility Act Certification
6. The Regulatory Flexibility Act of 1980 (RFA) \12\ generally
requires a description and analysis of final rules that will have a
significant economic impact on a substantial number of small entities.
This final rule concerns a matter of internal agency procedure and it
will not have such an impact. An analysis under the RFA is not
required.
---------------------------------------------------------------------------
\12\ 5 U.S.C. 601-12 (2006).
---------------------------------------------------------------------------
IV. Information Collection Standard
7. Office of Management and Budget (OMB) regulations require OMB to
approve certain information collection requirements imposed by agency
rule.\13\ This final rule contains no new information collections.
Therefore, OMB review of this final rule is not required.
---------------------------------------------------------------------------
\13\ 5 CFR 1320.12 (2006).
---------------------------------------------------------------------------
V. Environmental Analysis
8. 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. Excluded
from this requirement are rules that are clarifying, corrective, or
procedural or that do not substantially change the effect of the
regulations being amended.\14\ This rule is procedural in nature and
therefore falls within this exception; consequently, no environmental
consideration is necessary.
---------------------------------------------------------------------------
\14\ 18 CFR 380.4(a)(2) (2010); Regulations Implementing the
National Environmental Policy Act, Order No. 486, 52 FR 47897 (Dec.
17, 1987), FERC Stats. & Regs. ] 30,783 (1987).
---------------------------------------------------------------------------
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 the Commission's Home Page (http://ferc.gov) and in
the Commission'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.
10. From the Commission's Home Page on the Internet, this
information is available in the 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.
[[Page 48555]]
11. User assistance is available for eLibrary and the Commission's
Web site during normal business hours. For assistance, please contact
Online Support at 1-866-208-3676 (e-mail at
[email protected]), or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659 (e-mail at [email protected]).
VII. Effective Date and Congressional Notification
12. The provisions of 5 U.S.C. 801 regarding Congressional review
of final rules do 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.
13. These regulations are effective on August 11, 2010. The
Commission finds that notice and public comments are unnecessary
because this rule concerns only agency procedure or practice.
Therefore, the Commission finds good cause to waive the notice period
otherwise required before the effective date of a final rule.
List of Subjects in 18 CFR Part 376
Civil defense, Organization and functions (Government agencies).
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
0
In consideration of the foregoing, the Commission amends part 376,
chapter I, title 18, Code of Federal Regulations, as follows:
PART 376--ORGANIZATION, MISSION, AND FUNCTIONS; COMMISSION
OPERATION DURING EMERGENCY CONDITIONS
0
1. The authority citation for part 376 continues to read as follows:
Authority: 5 U.S.C. 553; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR
1978 Comp., p. 142.
0
2. In Sec. 376.209, paragraphs (c)(11) and (12) are revised and
paragraph (c)(13) is added to read as follows:
Sec. 376.209 Procedures during periods of emergency requiring
activation of the Continuity of Operations Plan.
* * * * *
(c) * * *
(11) 30-day period for acting on requests for rehearing;
(12) Time periods for acting on interlocutory appeals and certified
questions; and
(13) 90-day period for acting on applications requesting relief
from, or reinstatement of, an electric utility's mandatory purchase
obligation pursuant to section 210(m) of the Public Utility Regulatory
Policies Act of 1978.
* * * * *
[FR Doc. 2010-19779 Filed 8-10-10; 8:45 am]
BILLING CODE 6717-01-P