Electronic Reporting of Shortages and Anticipated Shortages of Electric Energy and Capacity, 35027-35028 [05-11554]
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Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations
Before Commissioners: Pat Wood, III,
Chairman; Nora Mead Brownell, Joseph T.
Kelliher, and Suedeen G. Kelly.
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.’’
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
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
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.
applicant must file, for Commission
approval, a detailed plan for conducting
an open season in conformance with
this subpart. The prospective
applicant’s plan shall include the
proposed notice of open season. Upon
receipt of a request for such a
determination, the Secretary of the
Commission shall issue a notice of the
request, which will then be published in
the Federal Register. The notice shall
establish a date on which comments
from interested persons are due and a
date, which shall be within 60 days of
receipt of the prospective applicant’s
request unless otherwise directed by the
Commission, by which the Commission
will act on the proposed plan.
[FR Doc. 05–11658 Filed 6–15–05; 8:45 am]
BILLING CODE 6717–01–P
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.
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
AGENCY:
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:
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15:36 Jun 15, 2005
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35027
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.
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.
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 (https://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.
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).
4 5 U.S.C. 601–612 (2000).
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35028
Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations
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 nonagency parties.
List of Subjects in 18 CFR Part 294
Filing requirements.
By the Commission.
Linda Mitry,
Deputy Secretary.
In consideration of the foregoing, the
Commission amends Part 294, Chapter I,
Title 18, Code of Federal Regulations, as
follows.
I
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Jkt 205001
PART 294—PROCEDURES FOR
SHORTAGES OF ELECTRIC ENERGY
CAPACITY UNDER SECTION 206 OF
THE PUBLIC UTILITY REGULATORY
POLICIES ACT OF 1978
1. The authority citation for Part 294
continues to read as follows:
I
Authority: 5 U.S.C. 553; 15 U.S.C. 791a–
825r; 42 U.S.C. 7107–7352.
2. Section 294.101 is amended by
revising paragraph (e) to read as follows:
I
§ 294.101
capacity.
Shortages of electric energy and
*
*
*
*
*
(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
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Regulation No. 4]
RIN 0960–AG27
Extension of the Expiration Date for
Several Body System Listings
AGENCY:
Social Security Administration
(SSA).
ACTION:
Final rule.
SUMMARY: We use the Listing of
Impairments (the listings) at the third
step of the sequential evaluation process
when we evaluate your claim for
benefits based on disability under title
II and title XVI of the Social Security
Act (the Act). This final rule extends
until July 3, 2006, the date on which
listings for four body systems will no
longer be effective and extends until
July 2, 2007, the date on which the
listings for eight body systems will no
longer be effective.
Other than extending the date during
which the listings will be effective, we
have made no revisions to the listings;
they remain the same as they now
appear in the Code of Federal
Regulations. This extension will ensure
that we continue to have the medical
evaluation criteria in the listings to
adjudicate disability claims in these
body systems at step three of the
sequential evaluation process.
DATES: This final rule is effective on
June 16, 2005.
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
The electronic file of this
document is available on the date of
publication in the Federal Register at
https://www.gpoaccess.gov/fr/
index.html. It is also available on the
Internet site for SSA (i.e., Social
Security Online) at https://
policy.ssa.gov/pnpublic.nsf/LawsRegs.
FOR FURTHER INFORMATION CONTACT:
Robert Augustine, Social Insurance
Specialist, Office of Regulations , Room
107, Altmeyer Building, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 965–0020 or TTY (410) 966–5609.
For information on eligibility or filing
for benefits, call our national toll-free
number, 1–800–772–1213 or TTY 1–
800–325–0778, or visit out Internet site,
Social Security Online, at https://
www.socialsecurity.gov.
ADDRESSES:
We use
the listings in appendix 1 to subpart P
of part 404 at the third step of the
sequential evaluation process to
evaluate claims filed by adults and
children for benefits based on disability
under the title II and title XVI programs.
The listings are in two parts. There are
listings for adults (part A) and for
children (part B). If you are an
individual age 18 or over, we apply the
listings in part A when we assess your
claim, and we never use the listings in
part B. If you are an individual under
age 18, we first use the criteria in part
B of the listings. If the listings in part
B do not apply, and the specific disease
process(es) has a similar effect on adults
and children, we then use the criteria in
part A (see 20 CFR 404.1525 and
416.925).
In this final rule, we are extending
until July 3, 2006, the date on which the
listings for the following four body
systems will no longer be effective:
Cardiovascular System (4.00 and
104.00)
Digestive System (5.00 and 105.00)
Genito-Urinary System (6.00 and
106.00)
Multiple Body Systems (110.00)
We are also extending until July 2,
2007, the date on which the listings for
the following eight body systems will no
longer be effective:
Growth Impairment (100.00)
Special Senses and Speech (2.00 and
102.00)
Respiratory System (3.00 and 103.00)
Hematological Disorders (7.00 and
107.00)
Endocrine System (9.00 and 109.00)
Neurological (11.00 and 111.00)
Mental Disorders (12.00 and 112.00)
Immune System (14.00 and 114.00)
As a result of medical advances in
disability evaluation and treatment, and
SUPPLEMENTARY INFORMATION:
E:\FR\FM\16JNR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 115 (Thursday, June 16, 2005)]
[Rules and Regulations]
[Pages 35027-35028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11554]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.''
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\4\ 5 U.S.C. 601-612 (2000).
---------------------------------------------------------------------------
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 (https://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.
0
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
0
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.
0
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
