Rule2022-11242
Certification of Uncontested Settlements by Settlement Judges
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 25, 2022
Effective
June 24, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
The Federal Energy Regulatory Commission (Commission) is 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 for a proceeding to certify to the Commission uncontested offers of settlement.
Full Text
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<title>Federal Register, Volume 87 Issue 101 (Wednesday, May 25, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11242]
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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.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
revising its delegation of authority regulations to authorize the Chief
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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, <a href="/cdn-cgi/l/email-protection#670b06101502090402490015020209010e020b03270102150449000811"><span class="__cf_email__" data-cfemail="2a464b5d584f44494f044d584f4f444c434f464e6a4c4f5849044d455c">[email protected]</span></a>.
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\
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\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).
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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.
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\4\ Cities of Anaheim v. Cal. Indep. Sys. Operator Corp., 101
FERC ] 61,392 (2002).
\5\ Id. P 12 & n.8.
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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.
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\6\ 5 CFR 1320.13 (2021).
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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.
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\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).
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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.
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\9\ 5 U.S.C. 601-12.
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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 (<a href="http://www.ferc.gov">http://www.ferc.gov</a>). 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
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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
<a href="/cdn-cgi/l/email-protection#e3858691808c8d8f8a8d86909693938c9197a385869180cd848c95"><span class="__cf_email__" data-cfemail="a9cfccdbcac6c7c5c0c7ccdadcd9d9c6dbdde9cfccdbca87cec6df">[email protected]</span></a>, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
<a href="/cdn-cgi/l/email-protection#562623343a3f35782433303324333835332439393b163033243578313920"><span class="__cf_email__" data-cfemail="225257404e4b410c5047444750474c4147504d4d4f62444750410c454d54">[email protected]</span></a>.
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.
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\10\ 5 U.S.C. 804(3)(C).
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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
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</html>Indexed from Federal Register on May 25, 2022.
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