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Electronic Notification of Commission Issuances
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 26, 2005 (Volume 70, Number 79)]
[Rules and Regulations]
[Page 21330-21332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap05-4]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 385 and 390
[Docket No. RM04-9-001]
Electronic Notification of Commission Issuances
Issued April 13, 2005.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule; order on rehearing of Order No. 653.
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SUMMARY: This order on rehearing makes several minor revisions to the
Final Rule that was adopted in Order No. 653. The Commission, in that
order, amended its regulations to provide for electronic service of
Commission issuances and to enhance the use of electronic service
between parties to Commission proceedings. The revisions adopted here
are necessary to clarify the rules governing service among parties.
DATES: Effective April 26, 2005.
FOR FURTHER INFORMATION CONTACT: Wilbur Miller, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202) 502-8953.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell,
Joseph T. Kelliher, and Suedeen G. Kelly.
Order No. 653-A--Order on Rehearing and Clarification
1. The Commission issued Order No. 653 on February 10, 2005. In
that order it adopted revisions to its regulations to, among other
things, provide for electronic service of Commission issuances by the
Secretary in proceedings beginning on or after March 21, 2005; modify
its electronic registration (eRegistration) system to include e-mail
addresses of the members of service lists; and increase the usage of
electronic methods of service by service list members serving documents
upon one another. Electronic Notification of Commission Issuances,
Order No. 653, 70 FR 8720 (Feb. 23, 2005). The order required persons
wishing to be included on the service list of proceedings that begin on
or after March 21, 2005, to eRegister with their e-mail addresses, so
as to facilitate electronic service of Commission issuances by the
Secretary, as well as electronic service by participants upon each
other.\1\ The order further amended the Commission's regulations to
provide that, absent agreement otherwise, participants shall serve one
another electronically in all proceedings, not just those beginning on
or after March 21.\2\
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\1\ 18 CFR 385.2010(h) (2004).
\2\ 18 CFR 385.2010(f) (2004).
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2. The Commission has received one rehearing request, filed by
Spiegel & McDiarmid (Spiegel). Spiegel requests rehearing or
clarification on several, mainly technical points, and also requests
that the Commission stay the effectiveness of the Final Rule.
3. One point that Spiegel raises, and with which the Commission
agrees, is that the requirement for electronic service, absent
agreement among participants, in proceedings begun prior to March 21
may create difficulties in some cases. Because the requirement that
service list members eRegister with their e-mail addresses is effective
only for proceedings beginning on or after that date, a participant in
a proceeding begun before that date would be required to obtain an e-
mail address for each service list member. In the interest of clarity,
the Commission is revising Rule 2010(f) \3\ to provide for electronic
service where the sender and recipient agree.
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\3\ Id.
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4. Spiegel also expresses concern that the revised rules would
require electronic service between participants of protected materials.
Spiegel correctly notes that Order No. 653 effectively substituted
electronic for paper service with respect to protected information. In
Spiegel's view, protection of electronic information is more difficult
than protection of paper documents, with a higher degree of risk of
inadvertent disclosure.
5. In the interest of allowing participants the necessary
flexibility to protect sensitive information, the Commission is
revising Rule 2010(f) so that service of protected information in
electronic form is not required. The revision provides that the serving
participant may employ paper service where electronic service could
jeopardize the security of sensitive information.
[[Page 21331]]
6. Spiegel next points to the Commission's indication in Order No.
653 that it will require standardized language in the subject line of
service e-mails. The purpose of such a requirement would be to allow
recipients to set their filters so as to avoid rejecting service e-
mails. Spiegel complains that this requirement was not added to the
regulations.
7. This was not an inadvertent omission. The Commission as a
general matter does not place technical requirements in its electronic
filing and service regulations. Such requirements, particularly in
connection with information technology applications, change often.
Revising the regulations for each such change would be cumbersome and
impractical. It was the Commission's intention to place rules, such as
standardized subject line language, on its Web site in a location where
they would be readily visible to all users. Since Order No. 653 was
issued, the Commission's staff has had extensive contact with customers
regarding, among other things, internal forwarding rules, which
companies and law firms often use to route important e-mails to the
right person. Forwarding rules, in turn, have implications for
standardized subject line language. The Commission is endeavoring now
to find solutions that will work for its customers. Once it has done
so, instructions will be posted at FERC Online. Placing such
requirements in the regulations would seriously hamper the Commission's
efforts to identify viable business practices. Spiegel's request on
this subject therefore must be rejected.
8. Spiegel points out that the disclaimer on the Commission's Web
site \4\ states that the paper version of a filed document is the
official version. For many electronically filed documents, of course,
there is no paper version. This matter is beyond the scope of Order No.
653. The Commission will, however, be revising the disclaimer.
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\4\ http://ferc.gov/disclaimers.asp. 
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9. Spiegel next states that, although the Commission's regulations
governing waivers of the requirement to eRegister refer to a paper
registration form to be filed with the Secretary with a request for a
waiver, there is no form available from the Secretary. The Commission
is revising its regulations \5\ to remove the reference to a form. A
person seeking a waiver need simply file a request stating its reasons,
together with the name and address of a contact.
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\5\ 18 CFR 390.3(a) (2004).
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10. Finally, Spiegel requests clarification on modifying service
list contacts. Spiegel's questions are not entirely clear, but it seems
to be asking whether it can use a general service e-mail, as opposed to
an individual's e-mail, as a service list contact. It also appears to
be asking how to modify existing service list contact information.
11. These are technical questions better addressed through the use
of the phone number or e-mail address for support, available at
http://www.ferc.gov/docs-filing/docs-filing.asp. The Commission
does note, however, that a participant may employ a general e-mail address
for document service when it adds contacts to the service list. General
e-mail addresses, however, should only be listed as ``other contacts.''
The ``primary contact'' should be an individual person. With respect to
the second question, modifications to service list contacts must be
made by the filing of a notice with the Commission, as such changes
must be made manually by the Secretary. The other participants must
also be notified of changes to service list contact information. The
Commission will, however, delete the word ``written'' from Rule
2010(c)(2),\6\ as there is no reason a request to change service list
contact information cannot be filed electronically.
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\6\ 18 CFR 385.2010(c)(2) (2004).
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12. Given these revisions, the Commission sees no purpose in a stay
of Order No. 653. This request is therefore denied.
Information Collection Statement
13. Office of Management and Budget (OMB) regulations require OMB
to approve certain information collection requirements imposed by
agency rule.\7\ This Final Rule does not contain any information
collection requirements and compliance with the OMB regulations is thus
not required.
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\7\ 5 CFR 1320.12 (2004).
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Environmental Analysis
14. 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.\8\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\9\ This Final Rule is
procedural in nature and therefore falls under this exception;
consequently, no environmental consideration is necessary.
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\8\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. Preambles 1986-1990 ]
30,783 (1987).
\9\ 18 CFR 380.4(a)(2)(ii).
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Regulatory Flexibility Act Certification
15. The Regulatory Flexibility Act of 1980 (RFA) \10\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The Commission is not required to make such analyses if a rule would
not have such an effect. The Commission certifies that this Final Rule
will not have such an impact on small entities.
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\10\ 5 U.S.C. 601-612.
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Document Availability
16. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's home page (http://www.ferc.gov) and in
FERC's Public Reference Room during normal business hours (8:30 a.m. to
5 p.m. eastern time) at 888 First Street, NE., Room 2A, Washington,
DC 20426.
17. From FERC's Home Page on the Internet, this information is
available in the Commission's document management system, 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.
18. User assistance is available for eLibrary and the FERC's Web
site during normal business hours. For assistance, please contact FERC
Online Support at 1-866-208-3676 (toll free) or 202-502-6652 (e-mail at
FERCOnlineSupport@FERC.gov), or the Public Reference Room at 202-502-
8371, TTY 202-502-8659 (e-mail at public.referenceroom@ferc.gov).
Effective Date
19. These regulations are effective April 26, 2005.
20. The provisions of 5 U.S.C. 801 regarding Congressional review
of Final Rules does not apply to this Final Rule, because the rule
concerns agency procedure and practice and will not substantially
affect the rights of non-agency parties.
[[Page 21332]]
List of Subjects
18 CFR Part 385
Administrative practice and procedure, Electric utilities,
Penalties, Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 390
Administrative practice and procedure, Electronic filing, Reporting
and recordkeeping requirements.
By the Commission.
Magalie R. Salas,
Secretary.
? In consideration of the foregoing, the Commission grants rehearing and
clarification in part, denies the request for a stay, and amends Parts
385 and 390, Chapter I, Title 18, Code of Federal Regulations, as follows.
PART 385--RULES OF PRACTICE AND PROCEDURE
? 1. The authority citation for Part 385 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 791a-825r, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988).
? 2. Amend Sec. 385.2010 by removing the word ``written'' from paragraph
(c)(2) and revising paragraph (f) to read as follows:
Sec. 385.2010 Service (Rule 2010).
* * * * *
(f) Methods of service. (1) Except as provided in paragraph (g) of
this section, service of any document in proceedings commenced prior to
March 21, 2005, must be made by:
(i) Electronic means where the sender and recipient agree to such
means;
(ii) United States mail, first class or better; or
(iii) Delivery in a manner that, and to a place where, the person
on whom service is required may reasonably be expected to obtain actual
and timely receipt.
(2) Except as provided in paragraph (g) of this section, service of
any document in proceedings commenced on or after March 21, 2005, must
be made by electronic means unless the sender and recipient agree
otherwise or the recipient's e-mail address is unavailable from the
official service list, except in the case of a recipient who has
secured a waiver under the provisions of Sec. 390.3 of this chapter,
or is exempt under the provisions of Sec. 390.4 of this chapter, or in
the case of a protected or confidential document the security of which
might be jeopardized by electronic service, in which case service upon
that recipient or of that document only shall be made by:
(i) United States mail, first class or better; or
(ii) Delivery in a manner that, and to a place where, the person on
whom service is required may reasonably be expected to obtain actual
and timely receipt.
(3) Service of a document by electronic means shall be made by the
transmission of a link to that document in the Commission's eLibrary
system or by alternate means reasonably calculated to make the document
available to required recipients. Alternate means may include but are
not limited to, attachment of an electronic copy of the document to an
e-mail or transmission of a link to an Internet site containing the
document. It is the sender's responsibility to take reasonable steps to
ensure that the means employed for service will be within the
technological capabilities of the recipients.
* * * * *
PART 390--ELECTRONIC REGISTRATION
? 3. The authority citation for Part 390 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 791a-825r, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 9701; 42
U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988).
? 4. Amend Sec. 390.3
? A. By revising paragraph (a); and
? B. By removing the phrase ``using the paper form prescribed under'' and
adding in its place, the phrase, ``pursuant to''.
The revision reads as follows:
Sec. 390.3 Waiver applications.
(a) A person may satisfy the requirement of Sec. 390.1 by
submitting a written statement showing good cause why the person is
unable to register electronically, and including the name and address
of the person serving as a contact. The statement must be mailed to the
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, or hand delivered to Room 1A at the same address.
* * * * *
[FR Doc. 05-8247 Filed 4-25-05; 8:45 am]
BILLING CODE 6717-01-P