Rule2023-23587
Requests for Commission Records Available in the Public Reference Room
Primary source
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Published
October 30, 2023
Effective
November 29, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
The Federal Energy Regulatory Commission (Commission) amends its regulations concerning requests for Commission records available in the Public Reference Room and from the Commission's website. Specifically, the Commission's regulations are revised to remove references to the physical Public Reference Room at the Commission's headquarters, as the Commission no longer has a physical Public Reference Room. The revised regulations will direct the public to access the records that were formerly available in the Commission's physical Public Reference Room, which was located at the Commission's headquarters, 888 First Street NE, Washington, DC 20426, through the Commission's website. Other Commission regulations are being amended to reflect this change to provide consistency by directing the public to the Commission's website for records and/or assistance in obtaining Commission records.
Full Text
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<title>Federal Register, Volume 88 Issue 208 (Monday, October 30, 2023)</title>
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[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Rules and Regulations]
[Pages 74028-74033]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23587]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 2, 4, 35, 38 154, 250, 260, 270, 284, 341, 380, 385,
and 388
[Docket No. RM23-11-000; Order No. 899]
Requests for Commission Records Available in the Public Reference
Room
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) amends
its regulations concerning requests for Commission records available in
the Public Reference Room and from the Commission's website.
Specifically, the Commission's regulations are revised to remove
references to the physical Public Reference Room at the Commission's
headquarters, as the Commission no longer has a physical Public
Reference Room. The revised regulations will direct the public to
access the records that were formerly available in the Commission's
physical Public Reference Room, which was located at the Commission's
headquarters, 888 First Street NE, Washington, DC 20426, through the
Commission's website. Other Commission regulations are being amended to
reflect this change to provide consistency by directing the public to
the Commission's website for records and/or assistance in obtaining
Commission records.
DATES: This rule is effective November 29, 2023. The incorporation by
reference of certain material listed in the rule was approved by the
Director of the Federal Register as of April 27, 2020, and August 2,
2021.
FOR FURTHER INFORMATION CONTACT: Mark Hershfield, Office of the General
Counsel, 888 First Street NE, Washington, DC 20426, (202) 502-8597,
<a href="/cdn-cgi/l/email-protection#d0bdb1a2bbfeb8b5a2a3b8b6b9b5bcb490b6b5a2b3feb7bfa6"><span class="__cf_email__" data-cfemail="aac7cbd8c184c2cfd8d9c2ccc3cfc6ceeacccfd8c984cdc5dc">[email protected]</span></a>.
Christopher Cook, Office of Secretary, 888 First Street NE,
Washington, DC 20426, (202) 502-8102, <a href="/cdn-cgi/l/email-protection#53303b213a20273c233b36217d303c3c3813353621307d343c25"><span class="__cf_email__" data-cfemail="6a09021803191e051a020f1844090505012a0c0f1809440d051c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction
1. The Commission amends its regulations concerning requests for
Commission records available in the Commission's physical Public
Reference Room. Specifically, this final rule revises 18 CFR 388.106 to
delete references to a physical Public Reference Room, as the
Commission no longer has a physical Public Reference Room. The revised
regulations will direct the public to obtain records through the
Commission's website (<a href="http://www.ferc.gov">www.ferc.gov</a>), which includes eLibrary, the
official repository of the Commission's records. Moreover, given that
the Commission's headquarters will no longer have a physical Public
Reference Room, the Commission is revising other regulations, where
necessary, to direct the public to the Commission's website
(<a href="http://www.ferc.gov">www.ferc.gov</a>) for access to Commission records previously available in
the Public Reference Room.
II. Discussion
2. The purpose of this final rule is to ensure that members of the
public can easily obtain Commission records online that were once
available in physical form in the Public Reference Room located at the
Commission's headquarters. This final rule is consistent with
government-wide initiatives to transition from hardcopy records to
electronic records. Notably, the FOIA Improvement Act of 2016 revised
that part of the Freedom of Information Act (FOIA) regarding agency
Public Reference Rooms, to provide that materials must be available
``for public inspection in an electronic format.'' \1\ Likewise, the
National Archives Records Administration (NARA) \2\ and the Office of
Management and Budget \3\ have directed agencies to transition records
to digital or electronic forms to the greatest extent possible. This
final rule continues the Commission's efforts to comply with the
government transition to electronic recordkeeping.
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\1\ See 5 U.S.C. 552 (2018) (as amended by the FOIA Improvement
Act of 2016, Pub. L. 114-185 (2016)).
\2\ See Federal Records Act Amendments of 2014, Public Law 113-
187, as amended through Public Law 115-85, (enacted November 21,
2017) (codified at 44 U.S.C. 2904); see also NARA Bulletin 2020-01
(Sept. 30, 2020), <a href="https://www.archives.gov/records-mgmt/bulletins/2020/2020-01">https://www.archives.gov/records-mgmt/bulletins/2020/2020-01</a>.
\3\ See OMB Memorandum M-19-21, Transition to Electronic
Records, (June 28, 2019) <a href="https://www.archives.gov/files/records-mgmt/policy/m-19-21-transition-to-federal-records.pdf">https://www.archives.gov/files/records-mgmt/policy/m-19-21-transition-to-federal-records.pdf</a> (providing
that Federal agencies should ``transition recordkeeping to a fully
electronic environment that complies with all records management
laws and regulations.''); OMB Memorandum M-23-7, Update to
Transition to Electronic Records, (Dec. 23, 2022) <a href="https://www.whitehouse.gov/wp-content/uploads/2022/12/M_23_07-M-Memo-Electronic-Records_final.pdf">https://www.whitehouse.gov/wp-content/uploads/2022/12/M_23_07-M-Memo-Electronic-Records_final.pdf</a> (reinforcing the requirements
established in M-19-21, reaffirming the underlying goal of the
transition to electronic records, and updating the previous target
dates described in M-19-21).
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3. In that regard, the Commission's action here aligns with that of
other agencies that have removed their physical Public Reference Rooms.
For example, in December 2019, the Department of Education issued a
final rule requiring records to be available for public inspection only
in an electronic format.\4\ In the final rule, the Department of
Education indicated that it was making this change ``to reflect the
emphasis in 5 U.S.C. 552(a)(2) on electronic inspection for agency
records created on or after November 1, 1996.'' \5\ The Securities and
Exchange Commission, similarly in August 2021, adopted a final rule
amending its regulations to remove references to its Public Reference
Room due to the lack of use of the facilities.\6\
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\4\ Department of Education, Availability of Information to the
Public Dep't of Education, 84 FR 67865 (Dec. 2019).
\5\ Id.
\6\ Securities and Exchange Commission, Freedom of Information
Act Regulations, 86 FR 47561 (Aug. 26, 2021).
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4. Moreover, in recent years, visitation and usage of the
Commission's physical Public Reference Room has substantially
decreased. Over the past 20 years, the public has increasingly sought
Commission records electronically through the Commission's website as
opposed to visiting the physical Public Reference Room in-person. For
instance, there were only four requests for hard copy documents from
walk-in visitors to the Public Reference Room in 2018, and in 2019,
there were only seven requests.\7\ Given government-wide directives to
digitize the government's paper records and the declining use of the
physical Public Reference Room at the Commission's headquarters,
physical access to public records does not align with Federal
initiatives and trends throughout the government and the country, which
call for transitioning to a paperless environment.
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\7\ In addition, after the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020, the Commission closed its
headquarters building to outside visitors, which meant that the
public no longer had physical access to the Public Reference Room.
During the two and a half years that the Commission's headquarters
building (including the physical Public Reference Room) was closed
to the public, no one requested to visit the Public Reference Room
and all requests for Commission documents were made either via email
or by telephone.
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5. The Commission will, however, ensure that the public will be
able to access the same records electronically. As such, Commission
staff intends to make hardcopy records electronically available, which,
along with the majority of Commission submissions and issuances, will
be accessible on the Commission's website. Commission staff will also
continue enhancing online resources to make it convenient
[[Page 74029]]
for the public to obtain official records electronically. The public
will be able to access records and receive the same level of service
from Commission staff when they seek assistance in obtaining Commission
records electronically as they have in the past by visiting the
Commission's website (<a href="http://www.ferc.gov">www.ferc.gov</a>), or during normal business hours,
by emailing <a href="/cdn-cgi/l/email-protection#f28287909e9b91dc8097949780979c9197809d9d9fb294978091dc959d84"><span class="__cf_email__" data-cfemail="bcccc9ded0d5df92ced9dad9ced9d2dfd9ced3d3d1fcdad9cedf92dbd3ca">[email protected]</span></a> or calling (202) 502-8371,
TTY (202) 502-8659.\8\
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\8\ For members of the public seeking on-site access to
electronic records at FERC Headquarters, staff from the Commission's
Office of Public Participation (OPP) are available by appointment.
OPP supports meaningful public engagement and participation in
Commission proceedings and helps members of the public access
publicly available information and navigate Commission processes. To
schedule an appointment with OPP staff, the public is encouraged to
contact OPP at <a href="/cdn-cgi/l/email-protection#9bd4cbcbdbfdfee9f8b5fcf4ed"><span class="__cf_email__" data-cfemail="aee1fefeeec8cbdccd80c9c1d8">[email protected]</span></a> or (202) 502-6595.
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6. Finally, the Commission has also reviewed other regulations to
ensure they are consistent with this rule by amending them to
substitute references to the physical Public Reference Room with
references to the Commission's website (<a href="http://www.ferc.gov">www.ferc.gov</a>).
III. Information Collection Statement
7. The Office of Management and Budget (OMB) approves certain
information collection requirements imposed by agency rule.\9\ However,
this final rule does not contain any additional information collection
requirements. Therefore, compliance with OMB's regulations is not
required.
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\9\ 5 CFR 1320.12.
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IV. 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.\10\
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\10\ Reguls. Implementing the Nat'l Env't 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).
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9. 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 procedural, ministerial, or
internal administrative actions.\11\ Accordingly, this rulemaking is
exempt from the requirement to draft such documents under that
provision.
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\11\ 18 CFR 380.4(a)(1).
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V. Regulatory Flexibility Act
10. 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 modification of current Commission
regulations and practices. The Commission 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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\12\ 5 U.S.C. 601-12.
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VI. Document Availability and Incorporation by Reference
11. 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="https://www.ferc.gov">https://www.ferc.gov</a>).
12. 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.
13. 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#6b0d0e190804050702050e181e1b1b04191f2b0d0e1908450c041d"><span class="__cf_email__" data-cfemail="93f5f6e1f0fcfdfffafdf6e0e6e3e3fce1e7d3f5f6e1f0bdf4fce5">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#621217000e0b014c1007040710070c0107100d0d0f22040710014c050d14"><span class="__cf_email__" data-cfemail="86f6f3e4eaefe5a8f4e3e0e3f4e3e8e5e3f4e9e9ebc6e0e3f4e5a8e1e9f0">[email protected]</span></a>.
14. NAESB WEQ Business Practice Standards; Standards and Models are
referenced in the amendatory text of this document but were previously
approved for Sec. 38.1.
VII. Effective Date
15. 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 rulemaking procedures are unnecessary for ``rules of agency
organization, procedure, or practice.'' This rule is, therefore, exempt
from notice-and-comment rulemaking procedures, because it concerns the
Commission's procedures and practices. In particular, this rule changes
the agency's practice related to the location of the public reference
room. The rule will not significantly affect regulated entities or the
general public.
16. This rule is effective November 29, 2023.
List of Subjects
18 CFR Part 2
Administrative practice and procedure, Electric utilities, Natural
gas, Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 4
Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.
18 CFR Part 35
Electric power rates, Electric utilities, Reporting and
recordkeeping requirements.
18 CFR Part 38
Conflicts of interest, Electric power plants, Electric utilities,
Incorporation by reference, Reporting and recordkeeping requirements.
18 CFR Part 154
Natural gas, Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 250
Natural gas, Reporting and recordkeeping requirements.
18 CFR Part 270
Natural gas, Price controls, Reporting and recordkeeping
requirements.
18 CFR Part 284
Continental shelf, Incorporation by reference, Natural gas,
Reporting and recordkeeping requirements.
18 CFR Part 292
Electric power plants, Electric utilities, Natural gas, Reporting
and recordkeeping requirements.
18 CFR Part 341
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 357
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 380
Environmental impact statements, Reporting and recordkeeping
requirements
18 CFR Part 385
Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 388
Confidential business information, Freedom of information.
By the Commission.
Issued: October 19, 2023.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the Commission amends parts 2,
4, 35, 38 154, 250, 260, 270 284, 341, 380, 385, and 388, chapter I,
title 18, Code of Federal Regulations, as follows:
[[Page 74030]]
PART 2--GENERAL POLICY AND INTERPRETATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 5 U.S.C. 601; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 792-828c, 2601-2645; 42 U.S.C. 4321-4370h, 7101-7352.
0
2. In Sec. 2.27, paragraph (f) is revised to read as follows:
Sec. 2.27 Availability of North American Energy Standards Board
(NAESB) Smart Grid Standards as non-mandatory guidance.
* * * * *
(f) Copies of these standards may be obtained from the North
American Energy Standards Board, 801 Travis Street, Suite 1675,
Houston, TX 77002, Tel: (713) 356-0060. NAESB's website is at <a href="https://www.naesb.org/">https://www.naesb.org/</a>. Copies may also be obtained from the Federal Energy
Regulatory Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
PART 4--LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT
COSTS
0
3. The authority citation for part 4 continues to read as follows:
Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.
0
4. In Sec. 4.60, paragraph (b) is revised to read as follows:
Sec. 4.60 Applicability and notice to agencies.
* * * * *
(b) Notice to agencies. The Commission will supply interested
Federal, state, and local agencies with notice of any application for
license for a water power project 10 MW or less and request comment on
the application. Copies of the application will be available for
inspection through the Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>. The
applicant shall also furnish copies of the filed application to any
Federal, state, or local agency that so requests.
* * * * *
PART 35--FILING OF RATE SCHEDULES AND TARIFFS
0
5. The authority citation for part 35 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
0
6. In Sec. 35.7, paragraph (c) is revised to read as follows:
Sec. 35.7 Electronic filing of tariffs and related materials.
* * * * *
(c) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available through the
Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
* * * * *
PART 38--STANDARDS FOR PUBLIC UTILITY BUSINESS OPERATIONS AND
COMMUNICATIONS
0
7. The authority citation for part 38 continues to read as follows:
Authority: 16 U.S.C. 791-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
0
8. Revise Sec. 38.1 to read as follows:
Sec. 38.1 Incorporation by reference of North American Energy
Standards Board Wholesale Electric Quadrant standards.
(a) Any public utility that owns, operates, or controls facilities
used for the transmission of electric energy in interstate commerce or
for the sale of electric energy at wholesale in interstate commerce and
any non-public utility that seeks voluntary compliance with
jurisdictional transmission tariff reciprocity conditions must comply
with the business practice and electronic communication standards and
models promulgated by the North American Energy Standards Board (NAESB)
Wholesale Electric Quadrant (WEQ) that are incorporated by reference in
paragraph (b) of this section. The requirements and formats for
electronic filing are listed in instructions for electronic filing and
for each form. These formats are available through the Commission's
website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
(b) The material listed in this paragraph (b) is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection at the Federal Energy Regulatory
Commission (the Commission) and at the National Archives and Records
Administration (NARA). Contact the Commission at: <a href="https://www.ferc.gov">https://www.ferc.gov</a>,
email at <a href="/cdn-cgi/l/email-protection#8ffffaede3e6eca1fdeae9eafdeae1eceafde0e0e2cfe9eafdeca1e8e0f9"><span class="__cf_email__" data-cfemail="45353027292c266b3720232037202b2620372a2a2805232037266b222a33">[email protected]</span></a> or via phone call at (202) 502-
8371. For information on the availability of this material at NARA,
visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email
<a href="/cdn-cgi/l/email-protection#cea8bce0a7a0bdbeabadbaa7a1a08ea0afbcafe0a9a1b8"><span class="__cf_email__" data-cfemail="7a1c08541314090a1f190e1315143a141b081b541d150c">[email protected]</span></a>. The material may be obtained from the North
American Energy Standards Board, 801 Travis Street, Suite 1675,
Houston, TX 77002, Phone: (713) 356-0060; <a href="https://www.naesb.org/">https://www.naesb.org/</a> org/.
(1) WEQ-000, Abbreviations, Acronyms, and Definition of Terms (WEQ
Version 003.1, September 30, 2015) (including only the definitions of
Interconnection Time Monitor, Time Error, and Time Error Correction);
(2) WEQ-000, Abbreviations, Acronyms, and Definition of Terms (WEQ
Version 003.3, March 30, 2020);
(3) WEQ-001, Open Access Same-Time Information Systems (OASIS),
(WEQ Version 003.3, March 30, 2020);
(4) WEQ-002, Open Access Same-Time Information Systems (OASIS)
Business Practice Standards and Communication Protocols (S&CP), (WEQ
Version 003.3, March 30, 2020);
(5) WEQ-003, Open Access Same-Time Information Systems (OASIS) Data
Dictionary, (WEQ Version 003.3, March 30, 2020);
(6) WEQ-004, Coordinate Interchange (WEQ Version 003.3, March 30,
2020);
(7) WEQ-005, Area Control Error (ACE) Equation Special Cases (WEQ
Version 003.3, March 30, 2020);
(8) WEQ-006, Manual Time Error Correction (WEQ Version 003.1, Sept.
30, 2015);
(9) WEQ-007, Inadvertent Interchange Payback (WEQ Version 003.3,
March 30, 2020);
(10) WEQ-008, Transmission Loading Relief (TLR)--Eastern
Interconnection (WEQ Version 003.3, March 30, 2020);
(11) WEQ-011, Gas/Electric Coordination (WEQ Version 003.3, March
30, 2020);
(12) WEQ-012, Public Key Infrastructure (PKI) (WEQ Version 003.3,
March 30, 2020);
(13) WEQ-013, Open Access Same-Time Information Systems (OASIS)
Implementation Guide, (WEQ Version 003.3, March 30, 2020);
(14) WEQ-015, Measurement and Verification of Wholesale Electricity
Demand Response (WEQ Version 003.3, March 30, 2020);
(15) WEQ-021, Measurement and Verification of Energy Efficiency
Products (WEQ Version 003.3, March 30, 2020);
(16) WEQ-022, Electric Industry Registry (WEQ Version 003.3, March
30, 2020); and
(17) WEQ-023, Modeling (WEQ Version 003.3, March 30, 2020).
PART 154--RATE SCHEDULES AND TARIFFS
0
9. The authority citation for part 154 continues to read as follows:
Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.
0
10. In Sec. 154.4, paragraph (c) is revised to read as follows:
Sec. 154.4 Electronic filing of tariffs and related materials.
* * * * *
[[Page 74031]]
(c) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available through the
Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
* * * * *
PART 250--FORMS
0
11. The authority citation for part 250 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352;
28 U.S.C. 2461 note.
0
12. In Sec. 250.16, paragraphs (c)(3) and (d)(2) are revised to read
as follows:
Sec. 250.16 Format of compliance plan for transportation services and
affiliate transactions.
* * * * *
(c) * * *
(3) The log of affiliate and non-affiliate information must be
provided to the Commission upon request and must be made available to
the public under 18 CFR part 385, subpart D. When requested by the
Commission, the information must be provided, within a reasonable time,
according to the specifications and format contained in Form No. 592,
which can be obtained on the Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
(d) * * *
(2) The discount information must be made available to the
Commission upon request and to the public under 18 CFR part 385,
subpart D. When requested by the Commission, the information must be
provided, within a reasonable time, according to the specifications and
format contained in Form No. 592, which can be obtained on the
Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
* * * * *
PART 260--STATEMENTS AND REPORTS (SCHEDULES)
0
13. The authority citation for part 260 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.
0
14. In Sec. 260.1, paragraph (b)(4) is revised to read as follows:
Sec. 260.1 FERC Form No. 2, Annual report for Major natural gas
companies.
* * * * *
(b) * * *
(4) The form must be filed in electronic format only, as indicated
in the general instructions set out in that form. The format for the
electronic filing is available through the Commission's website,
<a href="https://www.ferc.gov">https://www.ferc.gov</a>. One copy of the report must be retained by the
respondent in its files.
0
15. In Sec. 260.2, paragraph (b)(4) is revised to read as follows:
Sec. 260.2 FERC Form No. 2-A, Annual report for Nonmajor natural gas
companies.
* * * * *
(b) * * *
(4) The form must be filed in electronic format only, as indicated
in the General Instructions set out in that form. The format for the
electronic filing is available through the Commission's website,
<a href="https://www.ferc.gov">https://www.ferc.gov</a>. One copy of the report must be retained by the
respondent in its files.
PART 270--DETERMINATION PROCEDURES
0
16. The authority citation for part 270 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301 et. seq.; 42 U.S.C. 7101 et
seq.; E.O. 12009, 3 CFR, 1978 Comp., p. 142.
0
17. In Sec. 270.501, paragraph (a) is revised to read as follows:
Sec. 270.501 Publication of notice from jurisdictional agency.
* * * * *
(a) Upon receipt of a notice of determination by a jurisdictional
agency under Sec. 270.204, the Commission will send an acknowledgment
to the applicant and make the notice available through the Commission's
website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
* * * * *
0
18. In Sec. 270.502, paragraph (e) is revised to read as follows:
Sec. 270.502 Commission review of final determinations.
* * * * *
(e) Public notice. The Commission will publish notice of the
preliminary finding in the Federal Register and will post the notice on
the Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>. The notice will set
forth the reasons for the preliminary finding.
* * * * *
PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES
0
19. The authority citation for part 284 continues to read as follows:
Authority: 15 U.S.C. 717-717z, 3301-3432; 42 U.S.C. 7101-7352;
43 U.S.C. 1331-1356.
0
20. In Sec. 284.12, paragraph (a)(2) is revised to read as follows:
Sec. 284.12 Standards for pipeline business operations and
communications.
(a) * * *
(2) The material listed in this paragraph (a)(2) is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection at the Federal Energy Regulatory
Commission (the Commission) and at the National Archives and Records
Administration (NARA). Contact the Commission at: <a href="https://www.ferc.gov">https://www.ferc.gov</a>,
email <a href="/cdn-cgi/l/email-protection#05757067696c662b7760636077606b6660776a6a6845636077662b626a73"><span class="__cf_email__" data-cfemail="bdcdc8dfd1d4de93cfd8dbd8cfd8d3ded8cfd2d2d0fddbd8cfde93dad2cb">[email protected]</span></a>, or via phone call at 202-502-8371.
For information on the availability of this material at NARA, visit
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email
<a href="/cdn-cgi/l/email-protection#a1c7d38fc8cfd2d1c4c2d5c8cecfe1cfc0d3c08fc6ced7"><span class="__cf_email__" data-cfemail="1375613d7a7d60637670677a7c7d537d7261723d747c65">[email protected]</span></a>. The material may be obtained from the North
American Energy Standards Board, 801 Travis Street, Suite 1675,
Houston, TX 77002, Phone: (713) 356-0060; <a href="https://www.naesb.org/">https://www.naesb.org/</a> org/.
* * * * *
0
21. In Sec. 284.13, paragraph (c)(5) is revised to read as follows:
Sec. 284.13 Reporting requirements for interstate pipelines.
* * * * *
(c) * * *
(5) The requirements for the electronic index are available through
the Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
* * * * *
0
22. In Sec. 284.123, paragraph (f)(3) is revised to read as follows:
Sec. 284.123 Rates and charges.
* * * * *
(f) * * *
(3) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available through the
Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
* * * * *
0
23. In Sec. 284.221, paragraph (b)(1) is revised to read as follows:
Sec. 284.221 General rule; transportation by interstate pipelines on
behalf of others.
* * * * *
(b) * * *
(1) An application for a blanket certificate under this section
must be filed electronically. The format for the electronic application
filing available through the Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>, and must include:
(i) The name of the interstate pipeline; and
[[Page 74032]]
(ii) A statement by the interstate pipeline that it will comply
with the conditions in paragraph (c) of this section.
* * * * *
PART 292--REGULATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC
UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER
PRODUCTION AND COGENERATION
0
24. The authority citation for part 292 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
0
25. In Sec. 292.210, paragraph (e)(1) is revised to read as follows:
Sec. 292.210 Petition alleging commitment of substantial monetary
resources before October 16, 1986.
* * * * *
(e) * * *
(1) The Commission will issue a notice of the petition filed under
this section and publish the notice in the Federal Register. The
petition will be available to inspect or to download on the
Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
* * * * *
0
26. In Sec. 292.211, paragraph (h)(1) is revised to read as follows:
Sec. 292.211 Petition for initial determination on whether a project
has a substantial adverse effect on the environment (AEE petition).
* * * * *
(h) * * *
(1) The Commission will issue notice of the mitigative measures
filed by an applicant under paragraph (g)(2) of this section and will
publish the notice in the Federal Register. The mitigative measures
will be on file and available to inspect or to download on the
Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
* * * * *
PART 341--OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO
SECTION 6 OF THE INTERSTATE COMMERCE ACT
0
27. The authority citation for part 341 continues to read as follows:
Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 1-27.
0
28. In Sec. 341.1, paragraph (c) is revised to read as follows:
Sec. 341.1 Electronic filing of tariffs and related materials.
* * * * *
(c) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available through the
Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
* * * * *
PART 357--ANNUAL SPECIAL OR PERIODIC REPORTS: CARRIERS SUBJECT TO
PART I OF THE INTERSTATE COMMERCE ACT
0
29. The authority citation for part 357 continues to read as follows:
Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C.
1-85 (1988).
0
30. In Sec. 357.3, paragraph (c) is revised to read as follows:
Sec. 357.3 FERC Form No. 73, Oil Pipeline Data for Depreciation
Analysis.
* * * * *
(c) What to submit. The format and data which must be submitted are
prescribed in FERC Form No. 73, Oil Pipeline Data for Depreciation
Analysis, available for review on the Commission's website <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL
POLICY ACT
0
31. The authority citation for part 380 continues to read as follows:
Authority: 42 U.S.C. 4321-4370h, 7101-7352; E.O. 12009, 3 CFR,
1978 Comp., p. 142.
0
32. In Sec. 380.9, paragraph (b) is revised to read as follows:
Sec. 380.9 Public availability of NEPA documents and public notice of
NEPA related hearings and public meetings.
* * * * *
(b) The Commission will make environmental impact statements,
environmental assessments, the comments received, and any underlaying
documents available to the public pursuant to the provisions of the
Freedom of Information Act (5 U.S.C. 552 (1982)). The exclusion in the
Freedom of Information Act for interagency memoranda is not applicable
where such memoranda transmit comments of Federal agencies on the
environmental impact of the proposed action. Such materials will be
made available to the public through the Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>, at a fee and in the manner described in part 388 of this
chapter. A copy of an environmental impact statement or environmental
assessment for hydroelectric projects may also be made available for
inspection at the Commission's regional office for the region where the
proposed action is located.
PART 385--RULES OF PRACTICE AND PROCEDURE
0
33. The authority citation for part 385 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note
(2015).
0
34. In Sec. 385.203, paragraph (d) is revised to read as follows:
Sec. 385.203 Content of pleadings and tariff or rate filings (Rule
203).
* * * * *
(d) Form of notice. If a pleading or tariff or rate filing must
include a form of notice suitable for publication in the Federal
Register, the company shall submit the draft notice in accordance with
the form of notice specifications prescribed by the Secretary and
posted on the Commission's website under Filing Procedures at <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
0
35. In Sec. 385.2011, paragraph (c)(4) is revised to read as follows:
Sec. 385.2011 Procedures for filing on electronic media (Rule 2011).
* * * * *
(c) * * *
(4) The formats for the electronic filing and the paper copy are
available through the Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
* * * * *
PART 388--INFORMATION AND REQUESTS
0
36. The authority citation for part 388 continues to read as follows:
Authority: 5 U.S.C. 301-305, 551, 552 (as amended), 553-557; 42
U.S.C. 7101-7352; 16 U.S.C. 824(o l).
0
37. In Sec. 388.105, paragraph (a) is revised to read as follows:
Sec. 388.105 Procedures for press, television, radio, and
photographic coverage.
(a) The Commission issues news releases on major applications,
decisions, opinions, orders, rulemakings, new publications, major
personnel changes, and other matters of general public interest.
Releases are issued by and available to the media from the Office of
External Affairs. Releases may be obtained through the Commission's
website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
* * * * *
[[Page 74033]]
0
38. In Sec. 388.106, the section heading, paragraph (a), and paragraph
(b) introductory text are revised to read as follows:
Sec. 388.106 Requests for Commission records available from the
Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
(a) Publicly available documents may be obtained electronically
from the Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>, or by requesting
them from the <a href="/cdn-cgi/l/email-protection#92e2e7f0fefbf1bce0f7f4f7e0f7fcf1f7e0fdfdffd2f4f7e0f1bcf5fde4"><span class="__cf_email__" data-cfemail="c6b6b3a4aaafa5e8b4a3a0a3b4a3a8a5a3b4a9a9ab86a0a3b4a5e8a1a9b0">[email protected]</span></a> by reasonably describing
the records sought. Additional information on charges and services is
available on the website.
(b) The public records of the Commission that are available for
inspection and copying upon request via the Commission's website,
include:
* * * * *
0
39. In Sec. 388.108, the section heading and paragraphs (a)(1)
introductory text and (b)(1)(i) are revised to read as follows:
Sec. 388.108 Requests for Commission records not available from the
Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
(a) * * *
(1) Except as provided in paragraph (a)(2) of this section, a
person may request access to Commission records, including records
maintained in electronic format, that are not available through the
Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>, by using the following
procedures:
* * * * *
(b) * * *
(1) * * *
(i) Track One--records that are readily identifiable and were
previously cleared for release (including those subject to multiple
requests and placed on <a href="https://www.ferc.gov">https://www.ferc.gov</a>);
* * * * *
0
40. In Sec. 388.109, paragraph (a) and paragraph (b) introductory text
are revised to read as follows:
Sec. 388.109 Fees for record requests.
(a) Fees for records available through the Commission's website.
(1) The fee for finding and duplicating records available from the
Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>, will vary depending on the
size and complexity of the request. A person can obtain a copy of the
schedule of fees from the Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
In addition, copies of data extracted from the Commission's files
through electronic media are available on a reimbursable basis, upon
written request to the Commission.
(2) Stenographic reports of Commission hearings are made by a
private contractor. Interested persons may obtain copies of public
hearing transcripts from the contractor at prices set in the contract,
or through the search and duplication service noted above. Copies of
the contract are available for public inspection on the Commission's
website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
(b) Fees for records not available through the Commission's website
(FOIA or CEII requests). The cost of duplication of records not
available from the Commission's website, <a href="https://www.ferc.gov">https://www.ferc.gov</a>, will
depend on the number of documents requested, the time necessary to
locate the documents requested, and the category of the persons
requesting the records. The procedures for appeal of denial of requests
for fee waiver or reduction are set forth in Sec. 388.110.
* * * * *
0
41. In Sec. 388.110, the section heading is revised to read as
follows:
Sec. 388.110 Procedure for appeal of denial of requests for
Commission records not publicly available, denial of requests for fee
waiver or reduction, and denial of requests for expedited processing.
* * * * *
[FR Doc. 2023-23587 Filed 10-27-23; 8:45 am]
BILLING CODE 6717-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.