Agency Operations in the Absence of a Quorum; Order Delegating Further Authority to Staff in Absence of Quorum, 10568-10569 [2017-02943]
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10568
Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Notices
Dated: February 6, 2017.
Kimberly D. Bose,
Secretary.
Federal Energy Regulatory
Commission
has a quorum, delegates further
authority 5 to its staff 6 to take action, as
provided below,7 effective February 4,
2017. The authority delegated herein is
effective until such time as the
Commission again has a quorum and
takes action to lift the delegation, and in
no event will this delegation extend
beyond days 14 days following the date
a quorum is reestablished (Delegation
Period).8
[Docket No., AD17–10–000]
II. Delegation of Agency Authority
Agency Operations in the Absence of
a Quorum; Order Delegating Further
Authority to Staff in Absence of
Quorum
A. Notice
[FR Doc. 2017–02948 Filed 2–13–17; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
sradovich on DSK3GMQ082PROD with NOTICES
Before Commissioners: Cheryl A. LaFleur,
Acting Chairman; Norman C. Bay, and
Colette D. Honorable.
I. Introduction
1. Pursuant to section 401(b) of the
Department of Energy Organization
Act,1 the Commission is composed of
five members, and pursuant to section
401(e) of the Department of Energy
Organization Act,2 ‘‘a quorum for the
transaction of business shall consist of
at least three members present.’’ The
Commission anticipates that it will lack
a quorum for an indeterminate period in
the near future. The Commission also
recognizes that it has a continuing
responsibility to carry out its regulatory
obligations under the various statutes
that the Commission administers,
including among other statutes, the
Federal Power Act (FPA), the Natural
Gas Act (NGA), and the Interstate
Commerce Act (ICA), in an effective and
efficient manner consistent with the
public interest.3 For example,
companies subject to the Commission’s
jurisdiction will continue to make rate
filings under the FPA and NGA with the
Commission that, in the absence of
Commission action, would take effect
without suspension, refund protection,
or the ability for protesting parties to
appeal.4 The Commission’s general
practice has been not to allow such
filings to go into effect by operation of
law. Similarly, the Commission’s
intention is to ensure that staff has
authority to prevent such filings from
going into effect by operation of law
during the period in which the
Commission lacks a quorum.
2. Accordingly, the Commission by
this order, issued while the Commission
1 42
U.S.C. 7171(b) (2012).
U.S.C. 7171(e) (2012); accord 18 CFR
375.101(e) (2016).
3 16 U.S.C. 791a et seq.; 15 U.S.C. 717 et seq.; 49
App. U.S.C. 1 et seq. (1988).
4 See Public Citizen, Inc. v. FERC, 839 F.3d 1165
(D.C. Cir. 2016).
2 42
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16:48 Feb 13, 2017
Jkt 241001
3. Given the anticipated loss of a
quorum,9 an immediate plan for the
orderly delegation of agency functions
to the Commission’s staff is required.
Public notice of this action, otherwise
required by 5 U.S.C. 553(b) (2012), is
impracticable because of the timeframe
for the anticipated loss of quorum. The
Commission’s requirement to protect
the public interest creates an immediate
need for this action.
5 All pre-existing delegations of authority by the
Commission to its staff continue to be effective. 18
CFR 375.301–.315 (2016). This includes the
authority of the Secretary to toll the time for action
on requests for rehearing. 18 CFR 375.302(v) (2016).
6 This delegation of authority is to the relevant
office director, but such authority may be further
delegated to his or her designee consistent with 18
CFR 375.301(b) (2016).
7 As to emergency functions, the Commission will
look to the Anti-Deficiency Act to guide its decision
as to what actions may continue to be pursued
notwithstanding the absence of a quorum and even
if it were not to delegate authority to its staff.
Specifically, the Anti-Deficiency Act allows work to
continue even during a lapse in appropriations on
activities the suspension of which would
‘‘imminently threaten the safety of human life or
the protection of property.’’ 31 U.S.C. 1342 (2012);
see also 31 U.S.C. 1341 (2012). Thus, during the
Delegation Period even in the absence of this
delegation of authority to its staff, limited
Commission operations can continue: inspecting
and responding to incidents at liquefied natural gas
facilities or jurisdictional hydropower projects; and
other activities involving the safety of human life
or protection of property.
8 41 U.S.C. 7171(f) (2012) (authorizing the
Commission ‘‘to establish such procedural and
administrative rules as are necessary to the exercise
of its functions’’); accord, e.g., 15 U.S.C. 717o
(2012); 16 U.S.C. 825h (2012); see generally 18 CFR
375.301–.315 (2016) (pre-existing delegations of
authority by Commission to its staff); cf. NLRB v.
Bluefield Hospital Co., LLC, 821 F.3d 534 (4th Cir.
2016) (upholding the authority of the Board’s staff
to act pursuant to delegated authority when the
Board did not have a quorum); Advanced Disposal
Services East, Inc. v. NLRB, 820 F.3d 592 (3d Cir.
2016) (same); UC Health v. NLRB, 803 F.3d 669
(D.C. Cir. 2015) (same); SSC Mystic Operating Co.,
LLC v. NLRB, 801 F.3d 302 (D.C. Cir. 2015) (same).
The Commission, when previously facing similar
circumstances, has taken similar action to delegate
further authority to its staff to act in the absence of
a quorum. Order Delegating Authority to the
Secretary and Certain Office Directors, 63 FERC ¶
61,073 (1993).
9 At present, the Commission has three sitting
members, but will lose a quorum after February 3,
2017.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
B. Action on Rate and Other Filings
4. If the date by which the
Commission is required to act on rate
and other filings10 made pursuant to
section 4 of the NGA, 15 U.S.C. 717c
(2012), section 205 of the FPA, 16 U.S.C.
824d (2012), and section 6(3) of the ICA,
49 App. U.S.C. 6(3) (1988), falls during
the Delegation Period, the Commission
in this order delegates to its staff (a
delegation to the Director of the Office
of Energy Market Regulation (OEMR))
the further authority: (1) o accept and
suspend such filings and to make them
effective, subject to refund and further
order of the Commission;11 or (2) to
accept and suspend such filings and to
make them effective, subject to refund,
and to set them for hearing and
settlement judge procedures. For initial
rates or rate decreases filed pursuant to
section 205 of the FPA, for which
suspension and refund protection are
unavailable, we also delegate to
Commission staff authority, pursuant to
section 206 of the FPA,12 to institute a
proceeding to protect the interests of
customers.
C. Extensions of Time
5. The Commission delegates the
authority to extend the time for action
on matters where such extension of time
is permitted by statute.
D. Waiver Requests
6. During the Delegation Period, the
Commission in this order delegates to
its staff (a delegation to the Director of
OEMR) the further authority to take
appropriate action on uncontested
filings made pursuant to section 4 of the
NGA, 15 U.S.C. 717c (2012), section 205
of the FPA, 16 U.S.C. 824d (2012), and
section 6(3) of the ICA, 49 App. U.S.C.
6(3) (1988), seeking waivers of the terms
and conditions of tariffs, rate schedules
and service agreements, including
waivers related to, e.g., capacity release
and capacity market rules.
E. Uncontested Settlements
7. During the Delegation Period, the
Commission in this order delegates to
its staff (a delegation to the Director of
10 Decisions made pursuant to delegated authority
may be challenged on rehearing, see 18 CFR
385.1902 (2016), and authority to act on requests for
rehearing is not being delegated (authority to issue
tolling orders already rests with the Secretary, see
supra note 5), and so timely requests for rehearing
will be addressed when the Commission again has
a quorum.
11 The acceptance for filing and suspension and
making effective subject to refund and to further
Commission order of these filings is without
prejudice to any further action of the Commission
with respect to these filings once the Commission
again has a quorum.
12 16 U.S.C. 824e (2012).
E:\FR\FM\14FEN1.SGM
14FEN1
Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Notices
OEMR) the further authority to accept
settlements not contested by any party
or participant, including Commission
Trial Staff, filed pursuant to Rule 602 of
the Commission’s Rules of Practice and
Procedure, 18 CFR 385.602 (2016).13
The Commission Orders
(A) The Commission hereby delegates
to its staff further authority to act,
effective February 4, 2017, until the
Commission again has a quorum, as
discussed in the body of this order.
(B) The Secretary is hereby directed to
promptly publish this order in the
Federal Register.
By the Commission.
Issued: February 3, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017–02943 Filed 2–13–17; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. EL17–45–000]
sradovich on DSK3GMQ082PROD with NOTICES
California Public Utilities Commission;
Northern California Power Agency;
State Water Contractors; Transmission
Agency of Northern California v.
Pacific Gas and Electric Company;
Notice of Complaint
Take notice that on February 2, 2017,
pursuant to sections 206 and 306 of the
Federal Power Act 1 and Rules 206 and
212 of the Federal Energy Regulatory
Commission’s (Commission) Rules of
Practice and Procedure,2 California
Public Utilities Commission, Northern
California Power Agency, State Water
Contractors and Transmission Agency of
Northern California (collectively, the
Complainants), filed a formal complaint
against Pacific Gas and Electric
Company (PG&E or Respondent)
alleging that PG&E has violated its
obligation under Order No. 890 to
conduct an open, coordinated, and
transparent transmission planning
process by approving more than 80
percent of its transmission projects on
an entirely internal basis, as more fully
explained in the complaint.
Complainants certify that copies of
the Complaint were served on contacts
for Pacific Gas and Electric Company as
13 See,
e.g., 16 U.S.C. 824b(a)(5) (2012) (providing
for extensions of 180-day period for consideration
of FPA section 203 filings); 18 CFR 375.302(a)(2)(vi)
(2016) (providing for extensions of time to consider
FPA section 215 Notices of Penalties).
1 16 U.S.C. 824e and 825e.
2 18 CFR 385.206 and 385.212.
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16:48 Feb 13, 2017
Jkt 241001
listed on the Commission’s list of
Corporate Officials.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211, 385.214).
Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. The Respondent’s answer
and all interventions, or protests must
be filed on or before the comment date.
The Respondent’s answer, motions to
intervene, and protests must be served
on the Complainants.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper using the
‘‘eFiling’’ link at https://www.ferc.gov.
Persons unable to file electronically
should submit an original and 5 copies
of the protest or intervention to the
Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC
20426.
This filing is accessible on-line at
https://www.ferc.gov, using the
‘‘eLibrary’’ link and is available for
electronic review in the Commission’s
Public Reference Room in Washington,
DC. There is an ‘‘eSubscription’’ link on
the Web site that enables subscribers to
receive email notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please email
FERCOnlineSupport@ferc.gov, or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Comment Date: 5:00 p.m. Eastern
Time on February 22, 2017.
Dated: February 3, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017–02947 Filed 2–13–17; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER17–923–000]
Ashley Energy LLC; Supplemental
Notice That Initial Market-Based Rate
Filing Includes Request for Blanket
Section 204 Authorization
This is a supplemental notice in the
above-referenced proceeding of Ashley
Energy LLC’s application for marketbased rate authority, with an
PO 00000
Frm 00008
Fmt 4703
Sfmt 9990
10569
accompanying rate tariff, noting that
such application includes a request for
blanket authorization, under 18 CFR
part 34, of future issuances of securities
and assumptions of liability.
Any person desiring to intervene or to
protest should file with the Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426,
in accordance with Rules 211 and 214
of the Commission’s Rules of Practice
and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to
intervene or protest must serve a copy
of that document on the Applicant.
Notice is hereby given that the
deadline for filing protests with regard
to the applicant’s request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability, is February 23,
2017.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
FERC Online links at https://
www.ferc.gov. To facilitate electronic
service, persons with Internet access
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
should submit an original and 5 copies
of the intervention or protest to the
Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC
20426.
The filings in the above-referenced
proceeding are accessible in the
Commission’s eLibrary system by
clicking on the appropriate link in the
above list. They are also available for
electronic review in the Commission’s
Public Reference Room in Washington,
DC. There is an eSubscription link on
the Web site that enables subscribers to
receive email notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please email
FERCOnlineSupport@ferc.gov. or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Dated: February 3, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017–02949 Filed 2–13–17; 8:45 am]
BILLING CODE 6717–01–P
E:\FR\FM\14FEN1.SGM
14FEN1
]]>Agencies
[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Notices]
[Pages 10568-10569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02943]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No., AD17-10-000]
Agency Operations in the Absence of a Quorum; Order Delegating
Further Authority to Staff in Absence of Quorum
Before Commissioners: Cheryl A. LaFleur, Acting Chairman; Norman C.
Bay, and Colette D. Honorable.
I. Introduction
1. Pursuant to section 401(b) of the Department of Energy
Organization Act,\1\ the Commission is composed of five members, and
pursuant to section 401(e) of the Department of Energy Organization
Act,\2\ ``a quorum for the transaction of business shall consist of at
least three members present.'' The Commission anticipates that it will
lack a quorum for an indeterminate period in the near future. The
Commission also recognizes that it has a continuing responsibility to
carry out its regulatory obligations under the various statutes that
the Commission administers, including among other statutes, the Federal
Power Act (FPA), the Natural Gas Act (NGA), and the Interstate Commerce
Act (ICA), in an effective and efficient manner consistent with the
public interest.\3\ For example, companies subject to the Commission's
jurisdiction will continue to make rate filings under the FPA and NGA
with the Commission that, in the absence of Commission action, would
take effect without suspension, refund protection, or the ability for
protesting parties to appeal.\4\ The Commission's general practice has
been not to allow such filings to go into effect by operation of law.
Similarly, the Commission's intention is to ensure that staff has
authority to prevent such filings from going into effect by operation
of law during the period in which the Commission lacks a quorum.
---------------------------------------------------------------------------
\1\ 42 U.S.C. 7171(b) (2012).
\2\ 42 U.S.C. 7171(e) (2012); accord 18 CFR 375.101(e) (2016).
\3\ 16 U.S.C. 791a et seq.; 15 U.S.C. 717 et seq.; 49 App.
U.S.C. 1 et seq. (1988).
\4\ See Public Citizen, Inc. v. FERC, 839 F.3d 1165 (D.C. Cir.
2016).
---------------------------------------------------------------------------
2. Accordingly, the Commission by this order, issued while the
Commission has a quorum, delegates further authority \5\ to its staff
\6\ to take action, as provided below,\7\ effective February 4, 2017.
The authority delegated herein is effective until such time as the
Commission again has a quorum and takes action to lift the delegation,
and in no event will this delegation extend beyond days 14 days
following the date a quorum is reestablished (Delegation Period).\8\
---------------------------------------------------------------------------
\5\ All pre-existing delegations of authority by the Commission
to its staff continue to be effective. 18 CFR 375.301-.315 (2016).
This includes the authority of the Secretary to toll the time for
action on requests for rehearing. 18 CFR 375.302(v) (2016).
\6\ This delegation of authority is to the relevant office
director, but such authority may be further delegated to his or her
designee consistent with 18 CFR 375.301(b) (2016).
\7\ As to emergency functions, the Commission will look to the
Anti-Deficiency Act to guide its decision as to what actions may
continue to be pursued notwithstanding the absence of a quorum and
even if it were not to delegate authority to its staff.
Specifically, the Anti-Deficiency Act allows work to continue even
during a lapse in appropriations on activities the suspension of
which would ``imminently threaten the safety of human life or the
protection of property.'' 31 U.S.C. 1342 (2012); see also 31 U.S.C.
1341 (2012). Thus, during the Delegation Period even in the absence
of this delegation of authority to its staff, limited Commission
operations can continue: inspecting and responding to incidents at
liquefied natural gas facilities or jurisdictional hydropower
projects; and other activities involving the safety of human life or
protection of property.
\8\ 41 U.S.C. 7171(f) (2012) (authorizing the Commission ``to
establish such procedural and administrative rules as are necessary
to the exercise of its functions''); accord, e.g., 15 U.S.C. 717o
(2012); 16 U.S.C. 825h (2012); see generally 18 CFR 375.301-.315
(2016) (pre-existing delegations of authority by Commission to its
staff); cf. NLRB v. Bluefield Hospital Co., LLC, 821 F.3d 534 (4th
Cir. 2016) (upholding the authority of the Board's staff to act
pursuant to delegated authority when the Board did not have a
quorum); Advanced Disposal Services East, Inc. v. NLRB, 820 F.3d 592
(3d Cir. 2016) (same); UC Health v. NLRB, 803 F.3d 669 (D.C. Cir.
2015) (same); SSC Mystic Operating Co., LLC v. NLRB, 801 F.3d 302
(D.C. Cir. 2015) (same).
The Commission, when previously facing similar circumstances,
has taken similar action to delegate further authority to its staff
to act in the absence of a quorum. Order Delegating Authority to the
Secretary and Certain Office Directors, 63 FERC ] 61,073 (1993).
---------------------------------------------------------------------------
II. Delegation of Agency Authority
A. Notice
3. Given the anticipated loss of a quorum,\9\ an immediate plan for
the orderly delegation of agency functions to the Commission's staff is
required. Public notice of this action, otherwise required by 5 U.S.C.
553(b) (2012), is impracticable because of the timeframe for the
anticipated loss of quorum. The Commission's requirement to protect the
public interest creates an immediate need for this action.
---------------------------------------------------------------------------
\9\ At present, the Commission has three sitting members, but
will lose a quorum after February 3, 2017.
---------------------------------------------------------------------------
B. Action on Rate and Other Filings
4. If the date by which the Commission is required to act on rate
and other filings\10\ made pursuant to section 4 of the NGA, 15 U.S.C.
717c (2012), section 205 of the FPA, 16 U.S.C. 824d (2012), and section
6(3) of the ICA, 49 App. U.S.C. 6(3) (1988), falls during the
Delegation Period, the Commission in this order delegates to its staff
(a delegation to the Director of the Office of Energy Market Regulation
(OEMR)) the further authority: (1) o accept and suspend such filings
and to make them effective, subject to refund and further order of the
Commission;\11\ or (2) to accept and suspend such filings and to make
them effective, subject to refund, and to set them for hearing and
settlement judge procedures. For initial rates or rate decreases filed
pursuant to section 205 of the FPA, for which suspension and refund
protection are unavailable, we also delegate to Commission staff
authority, pursuant to section 206 of the FPA,\12\ to institute a
proceeding to protect the interests of customers.
---------------------------------------------------------------------------
\10\ Decisions made pursuant to delegated authority may be
challenged on rehearing, see 18 CFR 385.1902 (2016), and authority
to act on requests for rehearing is not being delegated (authority
to issue tolling orders already rests with the Secretary, see supra
note 5), and so timely requests for rehearing will be addressed when
the Commission again has a quorum.
\11\ The acceptance for filing and suspension and making
effective subject to refund and to further Commission order of these
filings is without prejudice to any further action of the Commission
with respect to these filings once the Commission again has a
quorum.
\12\ 16 U.S.C. 824e (2012).
---------------------------------------------------------------------------
C. Extensions of Time
5. The Commission delegates the authority to extend the time for
action on matters where such extension of time is permitted by statute.
D. Waiver Requests
6. During the Delegation Period, the Commission in this order
delegates to its staff (a delegation to the Director of OEMR) the
further authority to take appropriate action on uncontested filings
made pursuant to section 4 of the NGA, 15 U.S.C. 717c (2012), section
205 of the FPA, 16 U.S.C. 824d (2012), and section 6(3) of the ICA, 49
App. U.S.C. 6(3) (1988), seeking waivers of the terms and conditions of
tariffs, rate schedules and service agreements, including waivers
related to, e.g., capacity release and capacity market rules.
E. Uncontested Settlements
7. During the Delegation Period, the Commission in this order
delegates to its staff (a delegation to the Director of
[[Page 10569]]
OEMR) the further authority to accept settlements not contested by any
party or participant, including Commission Trial Staff, filed pursuant
to Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR
385.602 (2016).\13\
---------------------------------------------------------------------------
\13\ See, e.g., 16 U.S.C. 824b(a)(5) (2012) (providing for
extensions of 180-day period for consideration of FPA section 203
filings); 18 CFR 375.302(a)(2)(vi) (2016) (providing for extensions
of time to consider FPA section 215 Notices of Penalties).
---------------------------------------------------------------------------
The Commission Orders
(A) The Commission hereby delegates to its staff further authority
to act, effective February 4, 2017, until the Commission again has a
quorum, as discussed in the body of this order.
(B) The Secretary is hereby directed to promptly publish this order
in the Federal Register.
By the Commission.
Issued: February 3, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-02943 Filed 2-13-17; 8:45 am]
BILLING CODE 6717-01-P
