Before Commissioners: Neil Chatterjee, Chairman; Richard Glick, Bernard L. McNamee, and James P. Danly; Delegated Authority; Order Temporarily Delegating Further Authority, 19757-19758 [2020-07361]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Notices]
[Pages 19757-19758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07361]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD20-13-000]


Before Commissioners: Neil Chatterjee, Chairman; Richard Glick, 
Bernard L. McNamee, and James P. Danly; Delegated Authority; Order 
Temporarily Delegating Further Authority

    1. The Commission, by this order, temporarily delegates further 
authority to the Director, Office of Energy Market Regulation, or the 
Director's designee, to take action on uncontested requests for

[[Page 19758]]

waiver of certain regulatory obligations to address needs resulting 
from steps entities have taken to meet the emergency conditions caused 
by the Novel Coronavirus Disease (COVID-19), as described below, 
effective as of the date of this order. The authority delegated herein 
is effective until June 1, 2020.

I. Background

    2. On March 13, 2020, the President issued a proclamation declaring 
a National Emergency concerning COVID-19. Entities regulated by the 
Commission have had to take unprecedented actions in response to the 
emergency conditions, including directing staff to work remotely for an 
extended period, which may disrupt, complicate, or otherwise change 
their normal course of business operations. The March 19, 2019 Notice 
Granting Extension of Time recognized that entities may seek waiver of 
the Commission's orders, regulations, tariffs and rate schedules, as 
appropriate, to address needs resulting from steps they have taken in 
response to COVID-19.\1\ Regulated entities and the public have since 
filed waiver requests.\2\ This has prompted the Commission to review 
its procedural regulations to ensure that the Commission's work is 
performed in an efficient manner.
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    \1\ Notice Granting Extension of Time, Docket No. AD20-11-000, 
at 2 (Mar. 19, 2020).
    \2\ See, e.g., PJM Interconnection, L.L.C., Request for Waiver 
of Tariff Provisions, Docket No. ER20-1392-000 (filed Mar. 25, 
2020); New York Independent System Operator, Inc., Request for 
Tariff Waiver, Docket No. ER20-1419-000 (filed Mar. 27, 2020).
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II. Delegation of Agency Authority

A. Notice

    3. Given the immediate need to efficiently process and act on 
waiver requests made in response to the emergency conditions created by 
COVID-19, public notice of this action, otherwise required by 5 U.S.C. 
553(b) (2018), is impracticable. The Commission's requirement to 
protect the public interest creates an immediate need for this action.

B. Uncontested Waiver Requests

    4. The Commission in this order temporarily delegates authority to 
the Director of the Office of Energy Market Regulation, or the 
Director's designee, to take appropriate action on uncontested requests 
or petitions filed pursuant to section 4 of the NGA, 15 U.S.C. 717c 
(2018), section 205 of the FPA, 16 U.S.C. 824d (2018), and section 6(3) 
of the ICA, 49 App. U.S.C. 6(3) (1988), requesting prospective waivers 
of requirements set forth in Commission orders, regulations, tariffs, 
rate schedules, and service agreements to address needs due to steps 
movants take in response to COVID-19.\3\ This authority will remain in 
place until June 1, 2020. This delegation of authority will allow for 
more efficient processing of and action on these uncontested waiver 
requests. The need for efficient processing and action is particularly 
important given the emergency conditions related to COVID-19, as 
entities may need to seek waiver of various requirements with which 
they are unable to comply due to the extraordinary circumstances.\4\
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    \3\ This delegation does not permit violations of the filed rate 
doctrine and the rule against retroactive ratemaking, even in 
uncontested cases. If such questions arise, they will be considered 
by the Commission.
    \4\ See also Supplemental Notice Granting Extensions of Time for 
Non-Statutory Deadlines, Waiving Regulations, and Shortening Answer 
Period, Docket No. AD20-11-000 (Apr. 2, 2020).
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    The Commission orders:
    (A) The Commission hereby delegates to the Director of the Office 
of Energy Market Regulation, or the Director's designee, further 
authority to act, effective as of the date of this order, until June 1, 
2020, 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: April 2, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-07361 Filed 4-7-20; 8:45 am]
BILLING CODE 6717-01-P