Rule2025-18977
Delegation of Authority Regarding Electric Reliability Organization's Delegation Agreement and Rules or Rule Changes Filings
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
September 30, 2025
Effective
September 30, 2025
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
The Commission is issuing this final rule to transfer certain delegated authority from the Director of the Commission's Office of Energy Market Regulation to the Director of the Commission's Office of Electric Reliability, with respect to uncontested Electric Reliability Organization (ERO) or Regional Entity filings pertaining to ERO delegation agreements and ERO or Regional Entity rules or rule changes.
Full Text
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<title>Federal Register, Volume 90 Issue 187 (Tuesday, September 30, 2025)</title>
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[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Rules and Regulations]
[Pages 46752-46754]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18977]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 375
[Docket No. RM25-13-000; Order No. 913]
Delegation of Authority Regarding Electric Reliability
Organization's Delegation Agreement and Rules or Rule Changes Filings
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Commission is issuing this final rule to transfer certain
delegated authority from the Director of the Commission's Office of
Energy Market Regulation to the Director of the Commission's Office of
Electric Reliability, with respect to uncontested Electric Reliability
Organization (ERO) or Regional Entity filings pertaining to ERO
delegation agreements and ERO or Regional Entity rules or rule changes.
DATES: This final rule is effective September 30, 2025.
FOR FURTHER INFORMATION CONTACT: Hampden T. Macbeth, Office of General
Counsel, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. (202) 502-8957. <a href="/cdn-cgi/l/email-protection#e2aa838f9286878cccaf83818087968aa284879081cc858d94"><span class="__cf_email__" data-cfemail="c880a9a5b8acada6e685a9abaaadbca088aeadbaabe6afa7be">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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I. Background
1. The Energy Policy Act of 2005 added section 215 to the Federal
Power Act (FPA), which requires a Commission-certified Electric
Reliability Organization (ERO) to develop mandatory and enforceable
Reliability Standards for the Bulk-Power System, subject to Commission
review and approval.\1\ Under this section, the Commission must issue
regulations authorizing the ERO to enter into an agreement to delegate
authority to a Regional Entity if the Regional Entity meets certain
conditions.\2\ Further, any ERO or Regional Entity proposed rules or
rule changes must be submitted to the Commission for approval.\3\
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\1\ 16 U.S.C. 824o.
\2\ Id. 840o(e)(4).
\3\ Id. 840o(f).
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2. In Order No. 672, the Commission, inter alia, adopted
regulations in accordance with FPA sections 215(e)(4) and 215(f): 18
CFR 39.8, Delegation to a Regional Entity; and 18 CFR 39.10, Changes to
an Electric Reliability Organization Rule or Regional Entity Rule.\4\
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\4\ Rules Concerning Certification of the Elec. Reliability
Org.; & Procs. for the Establishment, Approval, & Enf't of Elec.
Reliability Standards, Order No. 672, 71 FR 8662 (Feb. 17,2006), 114
FERC ] 61,104, order on reh'g, Order No. 672-A, 71 FR 19814 (Apr.
18, 2006), 114 FERC ] 61,328 (2006).
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3. Section 39.8 of the Commission's regulations requires the ERO to
submit to the Commission for Commission approval any proposal to
delegate the ERO's authority to a Regional Entity for the purpose of
proposing and enforcing Reliability Standards.\5\
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\5\ 18 CFR 39.8(a)-(b).
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4. Section 39.10 of the Commission's regulations requires the ERO
to file with the Commission for Commission approval any proposed
organization rule or rule change, including any Regional Entity rule or
rule change.\6\
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\6\ Id. 39.10(a), (c).
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II. Discussion
5. In light of the Office of Electric Reliability's (OER) frequent
interactions with the ERO and OER's applicable expertise, certain
authorities related to ERO filings made pursuant to sections 39.8 and
39.10 of the Commission's regulations that are currently delegated to
the Director of the Office of Energy Market Regulation (OEMR) are being
transferred to the Director of OER.\7\ Specifically, this instant final
rule removes section 375.307(a)(2)(vi), which delegates authority to
act upon uncontested proposed ERO or Regional Entity rules or rule
changes pursuant to section 39.10. The instant final rule also removes
section 375.307(a)(2)(vii), which delegates authority to act upon
uncontested delegation agreement filings by the ERO or a Regional
Entity pursuant to section 39.8. Because the Director of OER currently
has delegated authority to ``approve uncontested applications'' \8\
submitted pursuant to section 215 of the FPA, there is no corresponding
need to revise the delegated authority of the Director of OER.
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\7\ The instant final rule does not change the Director of
OEMR's delegated authority set forth in 18 CFR 375.307(a)(2)(v) to
take appropriate action on uncontested ERO budget, business plan,
and special assessment filings made pursuant to 18 CFR 39.4.
\8\ 18 CFR 375.303(a)(2)(i).
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III. Information Collection Statement
6. Office of Management and Budget (OMB) regulations require OMB to
approve certain information collection requirements imposed by agency
rule.\9\ This final rule, however, results in no new, additional, or
different public reporting burden. This final rule does not require
public utilities or natural gas companies to file new, additional, or
different information, and it does not change the frequency with which
they must file information.
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\9\ 5 CFR 1320.13.
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IV. Environmental Analysis
7. 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\
Excluded from this requirement are rules that are procedural,
ministerial, or internal administrative and management actions,
programs or decisions.\11\ This rule falls within this exception;
consequently, no environmental consideration is necessary.
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\10\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. ] 30,783 (1987) (cross-referenced at 41 FERC ] 61,284).
\11\ 18 CFR 380.4(a)(1).
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V. Regulatory Flexibility Act
8. The Regulatory Flexibility Act of 1980 (RFA) \12\ 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
take certain actions and does not create any additional requirements
for filers. The Commission thus 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. 601-612.
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VI. Regulatory Planning and Review
9. Executive Order 12866 (Regulatory Planning and Review), as
amended by Executive Orders 14215 (Ensuring Accountability for All
Agencies) and 13563 (Improving Regulation and Regulatory Review),
directs agencies to assess the costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). Executive Order 13563 emphasizes the importance
of quantifying costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. This final rule regards ``agency
organization, management, or personnel matters'' and is not subject to
regulatory planning and review pursuant to section 3(d)(3) of Executive
Order 12866.
VII. Executive Order 13132 (Federalism)
10. Executive Order 13132 (Federalism) imposes certain requirements
on Federal agencies formulating and implementing policies or
regulations that preempt State law or that have federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Commission has determined that this
final rule would not have a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, the Commission has not prepared a federalism
assessment.
VIII. Document Availability
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="http://www.ferc.gov">http://www.ferc.gov</a>) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A,
Washington, DC 20426.
12. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of
[[Page 46754]]
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 (i.e., the sub docket number, 000) 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 (866) 208-3676) or email at
<a href="/cdn-cgi/l/email-protection#14727166777b7a787d7a71676164647b666054727166773a737b62"><span class="__cf_email__" data-cfemail="e5838097868a8b898c8b80969095958a9791a583809786cb828a93">[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#413134232d28226f3324272433242f2224332e2e2c01272433226f262e37"><span class="__cf_email__" data-cfemail="3f4f4a5d53565c114d5a595a4d5a515c5a4d5050527f595a4d5c11585049">[email protected]</span></a>.
IX. Effective Date and Congressional Notification
14. The Commission is issuing this rule as an instant final rule
without a period for public comment. These regulations are effective on
September 30, 2025. The Commission finds that notice and public
comments are unnecessary because this final rule concerns only internal
agency procedure and practice. Therefore, the Commission finds good
cause to waive the notice period otherwise required before the
effective date of this final rule.
List of Subjects in 18 CFR Part 375
Authority delegations (Government agencies), Seals and insignia,
Sunshine Act.
By direction of the Commission.
Issued: September 25, 2025.
Carlos D. Clay,
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
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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.
Sec. 375.307 [Amended]
0
2. In Sec. 375.307, remove paragraphs (a)(2)(vi) and (vii).
[FR Doc. 2025-18977 Filed 9-29-25; 8:45 am]
BILLING CODE 6717-01-P
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