Implementation of Amended Section 203(a)(1)(B) of the Federal Power Act, 61338-61342 [2018-25369]
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Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Proposed Rules
(g) Inspection
At the applicable time specified in figure
1 to paragraphs (g) and (h) of this AD:
Perform an inspection to verify the serial
number of the left and right MLG side brace
actuator assembly P/N 40310–103, in
accordance with paragraphs 2.A. and 2.B. of
the Accomplishment Instructions of
Bombardier Service Bulletin 100–32–30,
dated December 18, 2017; or perform an
inspection to verify the serial number of the
left and right MLG side brace actuator
assembly P/N 2–8554–2, in accordance with
paragraphs 2.A. and 2.B. of the
Accomplishment Instructions of Bombardier
Service Bulletin 350–32–006, dated
December 18, 2017; as applicable.
(h) Replacement
(j) Other FAA AD Provisions
If, during the inspection specified in
paragraph (g) of this AD, the serial number
of the part installed is listed in table 1 of
paragraph 2.B. of the Accomplishment
Instructions of Bombardier Service Bulletin
100–32–30, dated December 18, 2017; or
table 1 of paragraph 2.B. of the
Accomplishment Instructions of Bombardier
Service Bulletin 350–32–006, dated
December 18, 2017; as applicable: at the
applicable time specified in figure 1 to
paragraphs (g) and (h) of this AD replace the
split ball bearing P/N 104467672, in
accordance with paragraph 2.C. of the
Accomplishment Instructions of Bombardier
Service Bulletin 100–32–30, dated December
18, 2017; or paragraph 2.C. of the
Accomplishment Instructions of Bombardier
Service Bulletin 350–32–006, dated
December 18, 2017, as applicable. If the serial
number of the installed part is not listed in
table 1 of paragraph 2.B. of the
Accomplishment Instructions of Bombardier
Service Bulletin 100–32–30, dated December
18, 2017; or table 1 of paragraph 2.B. of the
Accomplishment Instructions of Bombardier
Service Bulletin 350–32–006, dated
December 18, 2017; as applicable, no further
action is required by this paragraph.
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531. Before
using any approved AMOC, notify your
appropriate principal inspector, or lacking a
principal inspector, the manager of the local
flight standards district office/certificate
holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or Bombardier, Inc.’s TCCA Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
11590; telephone 516–228–7323; fax 516–
794–5531; email 9-avs-nyaco-cos@faa.gov.
(3) For service information identified in
this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; telephone 514–855–5000; fax 514–
855–7401; email thd.crj@
aero.bombardier.com; internet https://
www.bombardier.com. You may view this
service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
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(i) Parts Installation Limitation
As of the effective date of this AD, no
person may install on any Bombardier, Inc.,
Model BD–100–1A10 airplane, any MLG side
brace actuator assembly on with a serial
number listed in table 1 of paragraph 2.B. of
the Accomplishment Instructions of
Bombardier Service Bulletin 100–32–30,
dated December 18, 2017; or table 1 of
paragraph 2.B. of the Accomplishment
Instructions of Bombardier Service Bulletin
350–32–006, dated December 18, 2017; as
applicable, unless the split ball bearing P/N
104467672 has been previously replaced as
specified in paragraph (h) of this AD.
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(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2018–20, dated July 27, 2018, for
related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2018–0965.
(2) For more information about this AD,
contact Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Admin Services
Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY
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Issued in Des Moines, Washington, on
November 15, 2018.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–25880 Filed 11–28–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 33
[Docket No. RM19–4–000]
Implementation of Amended Section
203(a)(1)(B) of the Federal Power Act
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
Pursuant to ‘‘An Act to amend
section 203 of the Federal Power Act’’
(Act), the Federal Energy Regulatory
Commission (Commission) proposes to
revise its regulations relating to mergers
or consolidations by a public utility.
SUMMARY:
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Proposed Rules
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Specifically, the Commission proposes
to revise its regulations to establish that
a public utility must seek authorization
under amended section 203(a)(1)(B) of
the Federal Power Act to merge or
consolidate, directly or indirectly, its
facilities subject to the jurisdiction of
the Commission, or any part thereof,
with the facilities of any other person,
or any part thereof, that are subject to
the jurisdiction of the Commission and
have a value in excess of $10 million,
by any means whatsoever. In addition,
as required by the Act, the Commission
proposes to establish a notification
requirement for mergers or
consolidations by a public utility if the
facilities to be acquired have a value in
excess of $1 million and such public
utility is not required to secure
Commission authorization under
amended section 203(a)(1)(B).
DATES: Comments are due December 31,
2018.
ADDRESSES: Comments, identified by
docket number, may be filed
electronically at https://www.ferc.gov in
acceptable native applications and
print-to-PDF, but not in scanned or
picture format. For those unable to file
electronically, comments may be filed
by mail or hand-delivery to: Federal
Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE, Washington, DC 20426. The
Comment Procedures Section of this
document contains more detailed filing
procedures.
FOR FURTHER INFORMATION CONTACT:
Eric Olesh (Technical Information),
Office of Energy Market Regulation,
Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–
6524.
Regine Baus (Legal Information), Office
of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC
20426, (202) 502–8757.
SUPPLEMENTARY INFORMATION:
I. Background
1. On September 28, 2018, ‘‘An Act to
amend section 203 of the Federal Power
Act’’ (Act) was signed into law. Section
1 of the Act amended section
203(a)(1)(B) to provide that no public
utility shall, without first having
secured an order of the Commission
authorizing it to do so, merge or
consolidate, directly or indirectly, its
facilities subject to the jurisdiction of
the Commission, or any part thereof,
with the facilities of any other person,
or any part thereof, that are subject to
the jurisdiction of the Commission and
have a value in excess of $10 million,
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by any means whatsoever. Section 3 of
the Act provides that the amendment to
section 203(a)(1)(B) shall take effect 180
days after the date of enactment of the
Act. The primary effect of this
amendment is to establish a $10 million
threshold on transactions that will be
subject to the Commission’s review and
authorization under section 203(a)(1)(B).
2. In section 2 of the Act, Congress
amended section 203(a) to add section
(a)(7) to require notification for certain
transactions. Section 203(a)(7) provides
that, not later than 180 days after the
date of the enactment of section
203(a)(7), the Commission shall
promulgate a rule requiring any public
utility that is seeking to merge or
consolidate, directly or indirectly, its
facilities subject to the jurisdiction of
the Commission, or any part thereof,
with those of any other person, to notify
the Commission of such transactions not
later than 30 days after the date on
which the transaction is consummated
if: (1) The facilities, or any part thereof,
to be acquired are of a value in excess
of $1 million; and (2) such public utility
is not required to secure a Commission
order under amended section
203(a)(1)(B). The Commission’s
proposed implementation of the above
changes is discussed below.
II. Discussion
3. The Commission proposes two
changes to part 33 of its regulations to
bring them into conformance with the
Act. First, the Commission proposes to
revise § 33.1(a)(1)(ii) to provide that part
33 will apply to any public utility
seeking authorization under section 203
to merge or consolidate, directly or
indirectly, its facilities subject to the
jurisdiction of the Commission, or any
part thereof, with the facilities of any
other person, or any part thereof, that
are subject to the jurisdiction of the
Commission and have a value in excess
of $10 million, by any means
whatsoever.1
4. Second, the Commission proposes
to require public utilities whose
transactions are subject to section
203(a)(7) to file notification of such
transactions with the Commission.
Specifically, the Commission proposes
that any public utility that is seeking to
merge or consolidate, directly or
indirectly, its facilities subject to the
1 Public utilities required to maintain their books
of account in accordance with the Commission’s
Uniform System of Accounts under 18 CFR part 101
must continue to file with the Commission
proposed journal entries for the purchase or sale of
electric plant, consistent with the instructions to
Account 102, Electric Plant Purchased and Sold.
The dollar threshold established in this proposed
rulemaking does not apply to this accounting filing
requirement.
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jurisdiction of the Commission, or any
part thereof, with those of any other
person must notify the Commission of
such transaction not later than 30 days
after the date on which the transaction
is consummated if: (1) The facilities, or
any part thereof, to be acquired are of
a value in excess of $1 million; and (2)
such public utility is not required to
secure an order of the Commission
under section 203(a)(1)(B).
5. In this notification filing, the
Commission proposes that public
utilities subject to section 203(a)(7) file
the following information: (1) The exact
name of the public utility and its
principal business address; and (2) a
narrative description of the transaction,
including the identity of all parties
involved in the transaction and all
jurisdictional facilities associated with
or affected by the transaction, the
location of such jurisdictional facilities
involved in the transaction, the date on
which the transaction was
consummated, the consideration for the
transaction, and the effect of the
transaction on the ownership and
control of such jurisdictional facilities.
6. New section 203(a)(7)(B) requires
that, ‘‘[i]n establishing any notification
requirement under subparagraph (A),
the Commission shall, to the maximum
extent practicable, minimize the
paperwork burden resulting from the
collection of information.’’ We believe
that the information to be included in
the proposed notification filing
represents a substantial reduction in
paperwork from the full filing
requirements under part 33 for
applications for transactions that are
required to secure an order from the
Commission under amended section
203(a)(1)(B). Public utilities subject to
section 203(a)(7) were previously
required to submit complete
applications with all relevant
information required by part 33. The
information to be included in the
proposed notification filing represents
only a small fraction of the information
contemplated in part 33.
7. Further, the information the
Commission proposes to require in the
notification filing will allow the
Commission to monitor the merger or
consolidation of facilities subject to its
jurisdiction. Although the transactions
contemplated pursuant to section
203(a)(7) are unlikely to present
concerns under the Commission’s
public interest analysis and public
utilities entering into these transactions
are not required to secure an order of
the Commission under amended section
203(a)(1)(B), the information the
Commission proposes to require in the
notification filing will allow the
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Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Proposed Rules
Commission to collect information
about the transaction should a question
arise related to the underlying facilities
and the Commission’s oversight under
the Federal Power Act.
8. We propose that the notification
filing should be filed in the first docket
for section 203 filings of the fiscal year
(FY). For example, all notification
filings made in FY2019 would be filed
in Docket No. EC19–1–000; all
notification filings for FY2020 would be
filed in Docket No. EC20–1–000, etc. We
believe that this approach would allow
the Commission to track the
transactions that fall under section
203(a)(7).
9. Lastly, the Commission clarifies
that, except for mergers or
consolidations that are valued at $10
million or less, the Commission will not
change its interpretation of the
transactions that are subject to the
jurisdiction of the Commission under
the ‘‘merge or consolidate’’ clause of
section 203(a)(1)(B). That is, the
Commission interprets the amendment
by Congress to section 203(a)(1)(B) as
establishing a $10 million threshold, but
not removing the Commission’s
jurisdiction to review transactions with
a higher value that involve a public
utility’s acquisition of facilities from
non-public utilities 2 if those facilities
will be subject to the Commission’s
jurisdiction after the transaction is
consummated.3
III. Information Collection Statement
10. The collection of information
contained in this Notice of Proposed
Rulemaking is subject to review by the
Office of Management and Budget
(OMB) under section 3507(d) of the
Paperwork Reduction Act (PRA).4 The
PRA requires each federal agency to
seek and obtain OMB approval before
undertaking a collection of information
directed to 10 or more persons or
contained in a rule of general
applicability. OMB’s regulations 5
require approval of certain information
collection requirements imposed by
agency rules. Upon approval of a
collection of information, OMB will
assign an OMB control number and an
expiration date. Respondents subject to
the filing requirements of an agency rule
will not be penalized for failing to
respond to the collection of information
unless the collection of information
displays a valid OMB control number.
The Commission solicits comments on
the Commission’s need for the specific
information it proposes to collect,
whether the information will have
practical utility, the accuracy of the
burden estimates, ways to enhance the
quality, utility, and clarity of the
information to be collected or retained,
and any suggested methods for
minimizing respondents’ burden,
including the use of automated
information techniques.
11. The revisions to the Commission’s
regulations proposed in this NOPR
would bring the regulations in
conformance with the amendments to
section 203 enacted by Congress. The
first revision would implement
Congress’ amendment to section
203(a)(1)(B), which provides that a
public utility must seek authorization to
merge or consolidate, directly or
indirectly, its facilities subject to the
jurisdiction of the Commission, or any
part thereof, with the facilities of any
other person, or any part thereof, that
are subject to the jurisdiction of the
Commission and have a value in excess
of $10 million, by any means
whatsoever. In addition, the
Commission proposes to add § 33.12 to
its regulations to implement the
directive in new section 203(a)(7) that
the Commission require a notification
filing for mergers or consolidations by a
public utility if the facilities to be
acquired have a value in excess of $1
million and such public utility is not
required to secure Commission
authorization under amended section
203(a)(1)(B). The Commission
anticipates that the revisions, once
effective, would reduce regulatory
burdens. The Commission will submit
the proposed reporting requirements to
OMB for its review and approval under
section 3507(d) of the PRA.6
12. While the Commission expects
that the regulatory revisions proposed
herein will reduce the burdens on
affected entities, the Commission
nonetheless solicits public comments
regarding the accuracy of the burden
and cost estimates below.
13. Internal review: The Commission
has reviewed the proposed changes and
has determined that the changes are
necessary.
14. Burden Estimate 7: The estimated
burden and cost for the requirements
contained in this NOPR follow.
FERC–519, AS MODIFIED BY NOPR IN DOCKET NO. RM19–4–000
Requirements
Number and
type of
respondents
(1)
Number of
responses per
respondent
(2)
Total number
of responses
(1) * (2) = (3)
FERC–519 (FPA Section 203 Filings) 8 ...................................
26
1
26
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Title: FERC–519, Application under
Federal Power Act Section 203.
OMB Control No.: 1902–0082.
Action: Proposed amendment to 18
CFR part 33.
Respondents: Public utilities subject
to Federal Power Act.
Abstract: Pursuant to ‘‘An Act to
amend section 203 of the Federal Power
Act’’ (Act), the Commission proposes to
revise part 33 of its regulations to
2 Non-public utilities refers to entities described
in section 201(f) of the Federal Power Act (FPA).
16 U.S.C. 824(f).
3 See Duke Power Co. v. FPC, 401 F.2d 930, 941
(DC Cir. 1968) (‘‘We have no doubt that any
acquisition from [a non-public utility] by a public
utility of what would normally be a jurisdictional
facility, such as a transmission line conducting
interstate energy, would fall within the purview of
the clause under consideration.’’).
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4 44
U.S.C. 3507(d).
CFR 1320.
6 44 U.S.C. 3507(d).
7 ‘‘Burden’’ is the total time, effort, or financial
resources expended by persons to generate,
maintain, retain, or disclose or provide information
to or for a Federal agency. For further explanation
of what is included in the information collection
burden, refer to 5 CFR 1320.3.
55
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Average
burden hours
and cost per
response
(4)
Total burden
hours and
total cost
(3) * (4)
1 hr.; ............
$79.00 .........
26 hrs.;
$2,054.00
establish that mergers or consolidations
by a public utility of facilities subject to
the jurisdiction of the Commission that
have a value in excess of $10 million are
subject to Commission authorization. In
addition, the Commission proposes to
8 Commission staff estimates that approximately
26 section 203 filings will change from full section
203 filings to the notification filing described above,
and will take one burden hour to complete. The
number of respondents and responses is based on
Commission staff’s estimate that 13 percent of the
approximately 200 section 203 filings received will
be affected by the NOPR, which represents a
significant reduction in burden hours.
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Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Proposed Rules
add § 33.12 to its regulations to establish
a notification requirement for mergers or
consolidations by a public utility if the
facilities to be acquired have a value in
excess of $1 million and such public
utility is not required to secure
Commission authorization under
amended section 203(a)(1)(B).
Overview of the Data Collection: The
FERC–519, ‘‘Application under Federal
Power Act section 203,’’ is necessary to
enable the Commission to carry out its
responsibilities in implementing the
statutory provisions of section 203.
Section 203 requires a public utility to
seek Commission authorization of
transactions in which a public utility
disposes of jurisdictional facilities,
merges such facilities with the facilities
owned by another person, or acquires
the securities of another public utility.
The Commission must authorize these
transactions if it finds that they will be
consistent with the public interest.
15. One of the Commission’s
overarching goals is to promote
competition in wholesale power
markets, and it has determined that
effective competition, as opposed to
traditional forms of price regulation, can
best protect ratepayer interests. By
entering into a certain transaction, a
public utility may gain an increased
incentive and ability to exercise market
power that can be to the detriment of
effective competition and customers. As
a result, the Commission must review
all jurisdictional dispositions, mergers,
and acquisitions to evaluate that
transaction’s effect on competition. The
Commission also evaluates whether
such transactions have an effect on rates
and regulation and whether they result
in cross-subsidization. The Commission
implements the filing requirements
associated with this review in the Code
of Federal Regulations (CFR) under 18
CFR part 33.
16. This NOPR is limited to
implementing amended FPA section
203(a)(1)(B) and proposing a notification
requirement for certain other
transactions, both of which together
represent a reduction in the filing
requirements for public utilities under
section 203. The Commission proposes
this rule by mandate of Congress.
17. Interested persons may obtain
information on the reporting
requirements by contacting the
following: Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426 [Attention: Ellen
Brown, Office of the Executive Director]
Email: DataClearance@ferc.gov, Phone:
(202) 502–8663; fax: (202) 273–0873.
18. Comments concerning the
collection of information and the
associated burden estimate(s) may also
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be sent to: Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street NW, Washington, DC 20503
[Attention: Desk Officer for the Federal
Energy Regulatory Commission]. Due to
security concerns, comments should be
sent electronically to the following
email address: oira_submission@
omb.eop.gov. Please refer to FERC–520,
OMB Control No. 1902–0083 in your
submission.
IV. Environmental Analysis
19. 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.9 We conclude that neither
an Environmental Assessment nor an
Environmental Impact Statement is
required for this NOPR under section
380.4(a) of the Commission’s
regulations, which provides a
categorical exemption for ‘‘approval of
actions under section[] . . . 203 . . . of
the Federal Power Act relating to . . .
acquisition or disposition of property.
. . .’’ 10
V. Regulatory Flexibility Act
Certification
20. The Regulatory Flexibility Act of
1980 (RFA) 11 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. The Small
Business Administration’s (SBA) Office
of Size Standards develops the
numerical definition of a small entity.
These standards are provided in the
SBA regulations at 13 CFR 121.201.12
The RFA does not mandate any
particular outcome in a rulemaking. It
only requires consideration of
alternatives that are less burdensome to
small entities and an agency
explanation of why alternatives were
rejected.
21. The SBA size standards for
electric utilities is based on the number
of employees, including affiliates.
Under SBA’s standards, some
transmission owners will fall under the
following category and associated size
threshold: electric bulk power
9 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
FERC Stats. & Regs. ¶ 30,783 (1987).
10 18 CFR 380.4(a)(16).
11 5 U.S.C. 601–612.
12 13 CFR 121.201. See also U.S. Small Business
Administration, Table of Small Business Size
Standards Matched to North American Industry
Classification System Codes (effective Feb. 26,
2016), https://www.sba.gov/sites/default/files/files/
Size_Standards_Table.pdf.
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transmission and control, at 500
employees.13
22. The Commission estimates that 26
respondents could file notification
filings over the course of a year, with an
estimated burden of 1 hour per
response, at an estimated cost of $79.00
per respondent. The Commission
believes that none of the filers will be
small. Therefore, the Commission
certifies that this proposed rule will not
have a significant economic impact on
small entities.
VI. Comment Procedures
23. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
document to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due December 31, 2018.
Comments must refer to Docket No.
RM19–4–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
24. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
website at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
25. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
26. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
VII. Document Availability
27. 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 (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
13 13 CFR 121.201, Sector 22 (Utilities), NAICS
code 221121 (Electric Bulk Power Transmission and
Control).
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Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Proposed Rules
Eastern time) at 888 First Street NE,
Room 2A, Washington, DC 20426.
28. 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.
29. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from the
Commission’s Online Support at 202–
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202)502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 33
Electric utilities, Reporting and
recordkeeping requirements, Securities.
By direction of the Commission.
Commissioner McIntyre is not voting on this
order.
Issued: November 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to amend part 33,
chapter I, title 18, Code of Federal
Regulations, as follows.
PART 33—APPLICATIONS UNDER
FEDERAL POWER ACT SECTION 203
Authority: 16 U.S.C. 791a-825r, 2601–
2645; 31 U.S.C. 9701; 41 U.S.C. 7101–7352
2. Amend § 33.1 by revising paragraph
(a)(1)(ii) to read as follows:
■
khammond on DSK30JT082PROD with PROPOSALS
§ 33.1 Applicability, definitions, and
blanket authorizations.
(a) * * *
(1) * * *
(ii) Merge or consolidate, directly or
indirectly, its facilities subject to the
jurisdiction of the Commission, or any
part thereof, with the facilities of any
other person, or any part thereof, that
are subject to the jurisdiction of the
Commission and have a value in excess
of $10 million, by any means
whatsoever;
*
*
*
*
*
■ 3. Add § 33.12 to read as follows:
§ 33.12 Notification requirement for certain
transactions.
(a) Any public utility that is seeking
to merge or consolidate, directly or
indirectly, its facilities subject to the
jurisdiction of the Commission, or any
19:18 Nov 28, 2018
Jkt 247001
[FR Doc. 2018–25369 Filed 11–28–18; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF EDUCATION
34 CFR Part 200
RIN 1810–AB49
[Docket ID ED–2018–OESE–0079]
Title I—Improving the Academic
Achievement of the Disadvantaged;
Education of Migratory Children
1. The authority citation for part 33
continues to read as follows:
■
VerDate Sep<11>2014
part thereof, with those of any other
person, shall notify the Commission of
such transaction not later than 30 days
after the date on which the transaction
is consummated if:
(1) The facilities, or any part thereof,
to be acquired are of a value in excess
of $1 million; and
(2) Such public utility is not required
to secure an order of the Commission
under section 203(a)(1)(B) of the Federal
Power Act.
(b) Such notification shall consist of
the following information:
(1) The exact name of the public
utility and its principal business
address; and
(2) A narrative description of the
transaction, including the identity of all
parties involved in the transaction and
all jurisdictional facilities associated
with or affected by the transaction, the
location of such jurisdictional facilities
involved in the transaction, the date on
which the transaction was
consummated, the consideration for the
transaction, and the effect of the
transaction on the ownership and
control of such jurisdictional facilities.
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department proposes to
modify the current requirements related
to the responsibilities of State
educational agency (SEA) recipients of
funds under title I, part C, of the
Elementary and Secondary Education
Act of 1965, as amended (ESEA), to
conduct annual prospective reinterviews to confirm the eligibility of
children under the Migrant Education
Program (MEP). Based on input from
MEP stakeholders, we propose to clarify
who constitutes an independent reinterviewer, and to reduce the costs and
burden of prospective re-interviews
conducted by independent reinterviewers, while maintaining
adequate quality control measures to
safeguard the integrity of program
eligibility determinations.
SUMMARY:
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
We must receive your comments
on or before January 28, 2019.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘Help.’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: The Department
strongly encourages commenters to
submit their comments electronically.
However, if you mail or deliver your
comments about these proposed
regulations, address them to Patricia
Meyertholen, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3E315, Washington, DC 20202.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Patricia Meyertholen, U.S. Department
of Education, 400 Maryland Avenue
SW, Room 3E315, Washington, DC
20202. Telephone: (202) 260–1394.
Email: patricia.meyertholen@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Catalog of Federal Domestic
Assistance (CFDA) Number: 84.011.
Invitation to Comment: We invite you
to submit comments regarding these
proposed regulations. To ensure that
your comments have maximum effect in
developing the final regulations, we
urge you to identify clearly the specific
section or sections of the proposed
regulations that each of your comments
addresses and to arrange your comments
in the same order as the proposed
regulations.
We invite you to assist us in
complying with the specific
DATES:
E:\FR\FM\29NOP1.SGM
29NOP1
]]>Agencies
[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)]
[Proposed Rules]
[Pages 61338-61342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25369]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 33
[Docket No. RM19-4-000]
Implementation of Amended Section 203(a)(1)(B) of the Federal
Power Act
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: Pursuant to ``An Act to amend section 203 of the Federal Power
Act'' (Act), the Federal Energy Regulatory Commission (Commission)
proposes to revise its regulations relating to mergers or
consolidations by a public utility.
[[Page 61339]]
Specifically, the Commission proposes to revise its regulations to
establish that a public utility must seek authorization under amended
section 203(a)(1)(B) of the Federal Power Act to merge or consolidate,
directly or indirectly, its facilities subject to the jurisdiction of
the Commission, or any part thereof, with the facilities of any other
person, or any part thereof, that are subject to the jurisdiction of
the Commission and have a value in excess of $10 million, by any means
whatsoever. In addition, as required by the Act, the Commission
proposes to establish a notification requirement for mergers or
consolidations by a public utility if the facilities to be acquired
have a value in excess of $1 million and such public utility is not
required to secure Commission authorization under amended section
203(a)(1)(B).
DATES: Comments are due December 31, 2018.
ADDRESSES: Comments, identified by docket number, may be filed
electronically at https://www.ferc.gov in acceptable native applications
and print-to-PDF, but not in scanned or picture format. For those
unable to file electronically, comments may be filed by mail or hand-
delivery to: Federal Energy Regulatory Commission, Secretary of the
Commission, 888 First Street NE, Washington, DC 20426. The Comment
Procedures Section of this document contains more detailed filing
procedures.
FOR FURTHER INFORMATION CONTACT:
Eric Olesh (Technical Information), Office of Energy Market Regulation,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, (202) 502-6524.
Regine Baus (Legal Information), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426, (202) 502-8757.
SUPPLEMENTARY INFORMATION:
I. Background
1. On September 28, 2018, ``An Act to amend section 203 of the
Federal Power Act'' (Act) was signed into law. Section 1 of the Act
amended section 203(a)(1)(B) to provide that no public utility shall,
without first having secured an order of the Commission authorizing it
to do so, merge or consolidate, directly or indirectly, its facilities
subject to the jurisdiction of the Commission, or any part thereof,
with the facilities of any other person, or any part thereof, that are
subject to the jurisdiction of the Commission and have a value in
excess of $10 million, by any means whatsoever. Section 3 of the Act
provides that the amendment to section 203(a)(1)(B) shall take effect
180 days after the date of enactment of the Act. The primary effect of
this amendment is to establish a $10 million threshold on transactions
that will be subject to the Commission's review and authorization under
section 203(a)(1)(B).
2. In section 2 of the Act, Congress amended section 203(a) to add
section (a)(7) to require notification for certain transactions.
Section 203(a)(7) provides that, not later than 180 days after the date
of the enactment of section 203(a)(7), the Commission shall promulgate
a rule requiring any public utility that is seeking to merge or
consolidate, directly or indirectly, its facilities subject to the
jurisdiction of the Commission, or any part thereof, with those of any
other person, to notify the Commission of such transactions not later
than 30 days after the date on which the transaction is consummated if:
(1) The facilities, or any part thereof, to be acquired are of a value
in excess of $1 million; and (2) such public utility is not required to
secure a Commission order under amended section 203(a)(1)(B). The
Commission's proposed implementation of the above changes is discussed
below.
II. Discussion
3. The Commission proposes two changes to part 33 of its
regulations to bring them into conformance with the Act. First, the
Commission proposes to revise Sec. 33.1(a)(1)(ii) to provide that part
33 will apply to any public utility seeking authorization under section
203 to merge or consolidate, directly or indirectly, its facilities
subject to the jurisdiction of the Commission, or any part thereof,
with the facilities of any other person, or any part thereof, that are
subject to the jurisdiction of the Commission and have a value in
excess of $10 million, by any means whatsoever.\1\
---------------------------------------------------------------------------
\1\ Public utilities required to maintain their books of account
in accordance with the Commission's Uniform System of Accounts under
18 CFR part 101 must continue to file with the Commission proposed
journal entries for the purchase or sale of electric plant,
consistent with the instructions to Account 102, Electric Plant
Purchased and Sold. The dollar threshold established in this
proposed rulemaking does not apply to this accounting filing
requirement.
---------------------------------------------------------------------------
4. Second, the Commission proposes to require public utilities
whose transactions are subject to section 203(a)(7) to file
notification of such transactions with the Commission. Specifically,
the Commission proposes that any public utility that is seeking to
merge or consolidate, directly or indirectly, its facilities subject to
the jurisdiction of the Commission, or any part thereof, with those of
any other person must notify the Commission of such transaction not
later than 30 days after the date on which the transaction is
consummated if: (1) The facilities, or any part thereof, to be acquired
are of a value in excess of $1 million; and (2) such public utility is
not required to secure an order of the Commission under section
203(a)(1)(B).
5. In this notification filing, the Commission proposes that public
utilities subject to section 203(a)(7) file the following information:
(1) The exact name of the public utility and its principal business
address; and (2) a narrative description of the transaction, including
the identity of all parties involved in the transaction and all
jurisdictional facilities associated with or affected by the
transaction, the location of such jurisdictional facilities involved in
the transaction, the date on which the transaction was consummated, the
consideration for the transaction, and the effect of the transaction on
the ownership and control of such jurisdictional facilities.
6. New section 203(a)(7)(B) requires that, ``[i]n establishing any
notification requirement under subparagraph (A), the Commission shall,
to the maximum extent practicable, minimize the paperwork burden
resulting from the collection of information.'' We believe that the
information to be included in the proposed notification filing
represents a substantial reduction in paperwork from the full filing
requirements under part 33 for applications for transactions that are
required to secure an order from the Commission under amended section
203(a)(1)(B). Public utilities subject to section 203(a)(7) were
previously required to submit complete applications with all relevant
information required by part 33. The information to be included in the
proposed notification filing represents only a small fraction of the
information contemplated in part 33.
7. Further, the information the Commission proposes to require in
the notification filing will allow the Commission to monitor the merger
or consolidation of facilities subject to its jurisdiction. Although
the transactions contemplated pursuant to section 203(a)(7) are
unlikely to present concerns under the Commission's public interest
analysis and public utilities entering into these transactions are not
required to secure an order of the Commission under amended section
203(a)(1)(B), the information the Commission proposes to require in the
notification filing will allow the
[[Page 61340]]
Commission to collect information about the transaction should a
question arise related to the underlying facilities and the
Commission's oversight under the Federal Power Act.
8. We propose that the notification filing should be filed in the
first docket for section 203 filings of the fiscal year (FY). For
example, all notification filings made in FY2019 would be filed in
Docket No. EC19-1-000; all notification filings for FY2020 would be
filed in Docket No. EC20-1-000, etc. We believe that this approach
would allow the Commission to track the transactions that fall under
section 203(a)(7).
9. Lastly, the Commission clarifies that, except for mergers or
consolidations that are valued at $10 million or less, the Commission
will not change its interpretation of the transactions that are subject
to the jurisdiction of the Commission under the ``merge or
consolidate'' clause of section 203(a)(1)(B). That is, the Commission
interprets the amendment by Congress to section 203(a)(1)(B) as
establishing a $10 million threshold, but not removing the Commission's
jurisdiction to review transactions with a higher value that involve a
public utility's acquisition of facilities from non-public utilities
\2\ if those facilities will be subject to the Commission's
jurisdiction after the transaction is consummated.\3\
---------------------------------------------------------------------------
\2\ Non-public utilities refers to entities described in section
201(f) of the Federal Power Act (FPA). 16 U.S.C. 824(f).
\3\ See Duke Power Co. v. FPC, 401 F.2d 930, 941 (DC Cir. 1968)
(``We have no doubt that any acquisition from [a non-public utility]
by a public utility of what would normally be a jurisdictional
facility, such as a transmission line conducting interstate energy,
would fall within the purview of the clause under consideration.'').
---------------------------------------------------------------------------
III. Information Collection Statement
10. The collection of information contained in this Notice of
Proposed Rulemaking is subject to review by the Office of Management
and Budget (OMB) under section 3507(d) of the Paperwork Reduction Act
(PRA).\4\ The PRA requires each federal agency to seek and obtain OMB
approval before undertaking a collection of information directed to 10
or more persons or contained in a rule of general applicability. OMB's
regulations \5\ require approval of certain information collection
requirements imposed by agency rules. Upon approval of a collection of
information, OMB will assign an OMB control number and an expiration
date. Respondents subject to the filing requirements of an agency rule
will not be penalized for failing to respond to the collection of
information unless the collection of information displays a valid OMB
control number. The Commission solicits comments on the Commission's
need for the specific information it proposes to collect, whether the
information will have practical utility, the accuracy of the burden
estimates, ways to enhance the quality, utility, and clarity of the
information to be collected or retained, and any suggested methods for
minimizing respondents' burden, including the use of automated
information techniques.
---------------------------------------------------------------------------
\4\ 44 U.S.C. 3507(d).
\5\ 5 CFR 1320.
---------------------------------------------------------------------------
11. The revisions to the Commission's regulations proposed in this
NOPR would bring the regulations in conformance with the amendments to
section 203 enacted by Congress. The first revision would implement
Congress' amendment to section 203(a)(1)(B), which provides that a
public utility must seek authorization to merge or consolidate,
directly or indirectly, its facilities subject to the jurisdiction of
the Commission, or any part thereof, with the facilities of any other
person, or any part thereof, that are subject to the jurisdiction of
the Commission and have a value in excess of $10 million, by any means
whatsoever. In addition, the Commission proposes to add Sec. 33.12 to
its regulations to implement the directive in new section 203(a)(7)
that the Commission require a notification filing for mergers or
consolidations by a public utility if the facilities to be acquired
have a value in excess of $1 million and such public utility is not
required to secure Commission authorization under amended section
203(a)(1)(B). The Commission anticipates that the revisions, once
effective, would reduce regulatory burdens. The Commission will submit
the proposed reporting requirements to OMB for its review and approval
under section 3507(d) of the PRA.\6\
---------------------------------------------------------------------------
\6\ 44 U.S.C. 3507(d).
---------------------------------------------------------------------------
12. While the Commission expects that the regulatory revisions
proposed herein will reduce the burdens on affected entities, the
Commission nonetheless solicits public comments regarding the accuracy
of the burden and cost estimates below.
13. Internal review: The Commission has reviewed the proposed
changes and has determined that the changes are necessary.
14. Burden Estimate \7\: The estimated burden and cost for the
requirements contained in this NOPR follow.
---------------------------------------------------------------------------
\7\ ``Burden'' is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to 5 CFR 1320.3.
FERC-519, as Modified by NOPR in Docket No. RM19-4-000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number and type Number of Total number of
Requirements of respondents responses per responses (1) * Average burden hours and Total burden hours and total
(1) respondent (2) (2) = (3) cost per response (4) cost (3) * (4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-519 (FPA Section 203 Filings) \8\... 26 1 26 1 hr.;...................... 26 hrs.; $2,054.00
$79.00......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title: FERC-519, Application under Federal Power Act Section 203.
---------------------------------------------------------------------------
\8\ Commission staff estimates that approximately 26 section 203
filings will change from full section 203 filings to the
notification filing described above, and will take one burden hour
to complete. The number of respondents and responses is based on
Commission staff's estimate that 13 percent of the approximately 200
section 203 filings received will be affected by the NOPR, which
represents a significant reduction in burden hours.
---------------------------------------------------------------------------
OMB Control No.: 1902-0082.
Action: Proposed amendment to 18 CFR part 33.
Respondents: Public utilities subject to Federal Power Act.
Abstract: Pursuant to ``An Act to amend section 203 of the Federal
Power Act'' (Act), the Commission proposes to revise part 33 of its
regulations to establish that mergers or consolidations by a public
utility of facilities subject to the jurisdiction of the Commission
that have a value in excess of $10 million are subject to Commission
authorization. In addition, the Commission proposes to
[[Page 61341]]
add Sec. 33.12 to its regulations to establish a notification
requirement for mergers or consolidations by a public utility if the
facilities to be acquired have a value in excess of $1 million and such
public utility is not required to secure Commission authorization under
amended section 203(a)(1)(B).
Overview of the Data Collection: The FERC-519, ``Application under
Federal Power Act section 203,'' is necessary to enable the Commission
to carry out its responsibilities in implementing the statutory
provisions of section 203. Section 203 requires a public utility to
seek Commission authorization of transactions in which a public utility
disposes of jurisdictional facilities, merges such facilities with the
facilities owned by another person, or acquires the securities of
another public utility. The Commission must authorize these
transactions if it finds that they will be consistent with the public
interest.
15. One of the Commission's overarching goals is to promote
competition in wholesale power markets, and it has determined that
effective competition, as opposed to traditional forms of price
regulation, can best protect ratepayer interests. By entering into a
certain transaction, a public utility may gain an increased incentive
and ability to exercise market power that can be to the detriment of
effective competition and customers. As a result, the Commission must
review all jurisdictional dispositions, mergers, and acquisitions to
evaluate that transaction's effect on competition. The Commission also
evaluates whether such transactions have an effect on rates and
regulation and whether they result in cross-subsidization. The
Commission implements the filing requirements associated with this
review in the Code of Federal Regulations (CFR) under 18 CFR part 33.
16. This NOPR is limited to implementing amended FPA section
203(a)(1)(B) and proposing a notification requirement for certain other
transactions, both of which together represent a reduction in the
filing requirements for public utilities under section 203. The
Commission proposes this rule by mandate of Congress.
17. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426 [Attention: Ellen
Brown, Office of the Executive Director] Email: [email protected],
Phone: (202) 502-8663; fax: (202) 273-0873.
18. Comments concerning the collection of information and the
associated burden estimate(s) may also be sent to: Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW, Washington, DC 20503 [Attention: Desk Officer for
the Federal Energy Regulatory Commission]. Due to security concerns,
comments should be sent electronically to the following email address:
[email protected]. Please refer to FERC-520, OMB Control No.
1902-0083 in your submission.
IV. Environmental Analysis
19. 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.\9\ We
conclude that neither an Environmental Assessment nor an Environmental
Impact Statement is required for this NOPR under section 380.4(a) of
the Commission's regulations, which provides a categorical exemption
for ``approval of actions under section[] . . . 203 . . . of the
Federal Power Act relating to . . . acquisition or disposition of
property. . . .'' \10\
---------------------------------------------------------------------------
\9\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
\10\ 18 CFR 380.4(a)(16).
---------------------------------------------------------------------------
V. Regulatory Flexibility Act Certification
20. The Regulatory Flexibility Act of 1980 (RFA) \11\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The Small Business Administration's (SBA) Office of Size Standards
develops the numerical definition of a small entity. These standards
are provided in the SBA regulations at 13 CFR 121.201.\12\ The RFA does
not mandate any particular outcome in a rulemaking. It only requires
consideration of alternatives that are less burdensome to small
entities and an agency explanation of why alternatives were rejected.
---------------------------------------------------------------------------
\11\ 5 U.S.C. 601-612.
\12\ 13 CFR 121.201. See also U.S. Small Business
Administration, Table of Small Business Size Standards Matched to
North American Industry Classification System Codes (effective Feb.
26, 2016), https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf.
---------------------------------------------------------------------------
21. The SBA size standards for electric utilities is based on the
number of employees, including affiliates. Under SBA's standards, some
transmission owners will fall under the following category and
associated size threshold: electric bulk power transmission and
control, at 500 employees.\13\
---------------------------------------------------------------------------
\13\ 13 CFR 121.201, Sector 22 (Utilities), NAICS code 221121
(Electric Bulk Power Transmission and Control).
---------------------------------------------------------------------------
22. The Commission estimates that 26 respondents could file
notification filings over the course of a year, with an estimated
burden of 1 hour per response, at an estimated cost of $79.00 per
respondent. The Commission believes that none of the filers will be
small. Therefore, the Commission certifies that this proposed rule will
not have a significant economic impact on small entities.
VI. Comment Procedures
23. The Commission invites interested persons to submit comments on
the matters and issues proposed in this document to be adopted,
including any related matters or alternative proposals that commenters
may wish to discuss. Comments are due December 31, 2018. Comments must
refer to Docket No. RM19-4-000, and must include the commenter's name,
the organization they represent, if applicable, and their address in
their comments.
24. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website at https://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
25. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
26. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
VII. Document Availability
27. 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 (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m.
[[Page 61342]]
Eastern time) at 888 First Street NE, Room 2A, Washington, DC 20426.
28. 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.
29. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202)502-8659. Email the Public Reference Room at
[email protected].
List of Subjects in 18 CFR Part 33
Electric utilities, Reporting and recordkeeping requirements,
Securities.
By direction of the Commission. Commissioner McIntyre is not
voting on this order.
Issued: November 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission proposes to amend
part 33, chapter I, title 18, Code of Federal Regulations, as follows.
PART 33--APPLICATIONS UNDER FEDERAL POWER ACT SECTION 203
0
1. The authority citation for part 33 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 41
U.S.C. 7101-7352
0
2. Amend Sec. 33.1 by revising paragraph (a)(1)(ii) to read as
follows:
Sec. 33.1 Applicability, definitions, and blanket authorizations.
(a) * * *
(1) * * *
(ii) Merge or consolidate, directly or indirectly, its facilities
subject to the jurisdiction of the Commission, or any part thereof,
with the facilities of any other person, or any part thereof, that are
subject to the jurisdiction of the Commission and have a value in
excess of $10 million, by any means whatsoever;
* * * * *
0
3. Add Sec. 33.12 to read as follows:
Sec. 33.12 Notification requirement for certain transactions.
(a) Any public utility that is seeking to merge or consolidate,
directly or indirectly, its facilities subject to the jurisdiction of
the Commission, or any part thereof, with those of any other person,
shall notify the Commission of such transaction not later than 30 days
after the date on which the transaction is consummated if:
(1) The facilities, or any part thereof, to be acquired are of a
value in excess of $1 million; and
(2) Such public utility is not required to secure an order of the
Commission under section 203(a)(1)(B) of the Federal Power Act.
(b) Such notification shall consist of the following information:
(1) The exact name of the public utility and its principal business
address; and
(2) A narrative description of the transaction, including the
identity of all parties involved in the transaction and all
jurisdictional facilities associated with or affected by the
transaction, the location of such jurisdictional facilities involved in
the transaction, the date on which the transaction was consummated, the
consideration for the transaction, and the effect of the transaction on
the ownership and control of such jurisdictional facilities.
[FR Doc. 2018-25369 Filed 11-28-18; 8:45 am]
BILLING CODE 6717-01-P
