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Each grouping meets one or more of the following criteria:

(1) Existing centrally dispatched pools and hourly power brokers;

(2) Systems with joint planning and construction agreements;

(3) Systems with coordination agreements in the areas of:

(i) Generation reserve and system reliability criteria;

(ii) Capacity and energy exchange policies;

(iii) Maintenance scheduling; and

(iv) Emergency procedures for dealing with capacity or fuel shortages; or

(4) Systems within the same National Electric Reliability Council (NERC) region with historical coordination policies.

(b) The PSA's referred to in the definition of electric regions in paragraph (a) of this section were first defined by the Federal Power Commission in 1936. The most recent reference to them is given in the 1970 National Power Survey, Vol. 1, Pg. 1-3-16. In cases where a petitioner finds an ambiguity in a regional assignment, he shall consult with DOE for an official determination.

Electric Region Groupings and FERC PSA's:

1. Allegheny Power System (APS)/7, except Duquesne Light Company.

2. American Electric Power System (AEP) entire AEP System.

3. New England Planning Pool (NEPOOL

22. Oklahoma Group 33, 36.

23. Texas Interconnected Systems (TIS) 37, 38.

24. Rocky Mountain Power Pool (RMPP)31, 32.

25. Northwest Power Pool (NWPP)30, 42, 43, 44, 45.

26. Arizona-New Mexico Group 39, 48 within Arizona. in Nevada and California.

27. Southern California-Nevada-47, 48. 28. Northern California-Nevada-46.

29. Alaska (non-interconnected systems to be considered separately)-49.

30. Idaho-Utah Group-41.


Subpart A-General Provisions

Sec. 501.1 Purpose and scope. 501.2 Prepetition conference. 501.3 Petitions. 501.4–501.5 [Reserved] 501.6 Service. 501.7 General filing requirements. 501.8 [Reserved] 501.9 Effective date of orders or rules. 501.10 Order of precedence. 501.11 Address for filing documents. 501.12 Public files. 501.13 Appeal. 501.14 Notice to Environmental Protection


1, 2.

Subpart B [Reserved] Subpart C-Written comments, Public

Hearings and Conferences During Administrative Proceedings

4. New York Planning Pool (NYPP3, 4.

5. Pennsylvania-New Jersey-Maryland interconnection (PJM) 5, 6.

6. Commonwealth Edison Company-14. 7. Florida Coordination Group (FCG)-24. 8. Middle South Utilities--25. 9. Southern Company-22, 23. 10. Gulf States Group35. 11. Tennessee Valley Authority (TVA)20.

12. Virginia-Carolina Group (VACAR)_18, 21.

13. Central Area Power Coordination Group (CAPCO/Cleveland Electric Illuminating Company, Toledo Edison Company, Ohio Edison Company, Duquesne Light Company.

14. Cincinnati, Columbus, Dayton Group (CCD)Cincinnati Gas and Electric Company, Columbus and Southern Ohio Electric Company, Dayton Power and Light Company.

15. Kentucky Group-19.

16. Indiana Group-Indiana Utilities except AEP.

17. Ilinois Missouri Group (ILLMO)—15, 40.

501.30 Purpose and scope. 501.31 Written comments. 501.32 Conferences (other than prepetition

conferences). 501.33 Request for a public hearing. 501.34 Public hearing. 501.35 Public file.

Subpart D-Subpoenas, Special Report

Orders, Oaths and Witnesses 501.40 Issuance.

Subpart E-Prohibition Rules and Orders 501.50 Policy.

501.51 Prohibitions by order-electing pow

erplants. 501.52 Prohibitions by order-certifying

powerplants. 501.53–501.56 (Reserved]

501.164 Decision to initiate enforcement

proceedings. 501.165 Commencement of enforcement pro

ceedings. 501.166 Hearings and conferences. 501.167 Fuel use order.

Subpart F-Exemptions and Certifications

Subpart - Investigations, Violations,

Sanctions and Judicial Actions

501.180 Investigations. 501.181 Sanctions. 501.182 Injunctions. 501.183 Citizen suits.

501.60 Purpose and scope. 501.61 Certification contents. 501.62 Petition contents. 501.63 Notice of the commencement of an

administrative proceeding on an exemp

tion petition. 501.64 Publication of notice of availability

of tentative staff analysis. 501.65 Publication of notice of availability

of draft EIS. 501.66 OFE evaluation of the record, deci

sion and order. 501.67 Petition redesignations. 501.68 Decision and order. 501.69 Judicial review,

Subpart M-Use of Natural Gas or Petro

leum for Emergency and Unanticipated Equipment Outage Purposes

Subpart G-Requests for Modification or

Rescission of a Rule or Order

501.190 Purpose and scope. 501.191 Use of natural gas or petroleum for

certain unanticipated equipment outages and emergencies defined in section

103(a)(15)(B) of the act. 501.192 (Reserved]

AUTHORITY: 42 U.S.C. 7101 et seq.; 42 U.S.C. 8301 et seq.; 42 U.S.C. 8701 et seq.; E.O. 12009, 42 FR 46267; 28 U.S.C. 2461 note. OMB Control No.: 1903-0075. See 46 FR 63209, Dec. 31, 1981.

SOURCE: 46 FR 59889, Dec. 7, 1981, unless otherwise noted.

501.100 Purpose and scope. 501.101 Proceedings to modify or rescind a

rule or order. 501.102 OFE evaluation of the record, deci

sion and order for modification or rescis

sion of a rule or order. 501.103 OFE decision.

Subpart H-Requests for Stay 501.120 Purpose and scope. 501.121 Filing and notice of petitions for

stays. 501.122 Contents. 501.123 Evaluation of the record. 501.124 Decision and order.

Subpart I-Requests for Interpretation

501.130 Purpose and scope. 501.131 Filing a request for interpretation 501.132 Contents of a request for interpreta

tion. 501.133 DOE evaluation. 501.134 Issuance and effect of interpreta


Subpart A-General Provisions $ 501.1 Purpose and scope.

Part 501 establishes the procedures to be used in proceedings before DOE under parts 500–508 of this chapter except as otherwise provided. $ 501.2 Prepetition conference.

(a) Owners and operators of powerplants may request a prepetition conference with OFE for the purpose of discussing the applicability of 10 CFR parts 503 and 504 to their situations and the scope of any exemption or other petition that OFE would accept as adequate for filing purposes.

(b) The owner or operator who requests a prepetition conference may personally represent himself or may designate a representative to appear on his behalf. A prepetition conference or a request for a prepetition conference does not commence a proceeding before OFE.

(c) If OFE agrees to waive any filing requirements under $ 501.3(d), a memorandum of record stating this fact will

Subpart 1-Rulings

501.140 Purpose and scope. 501.141 Criteria for issuance. 501.142 Modification or rescission. 501.143 Comments.

Subpart K-Enforcement

501.160 Purpose and scope. 501.161 Filing a complaint. 501.162 Contents of a complaint. 501.163 OFE evaluation.

be furnished to the potential petitioner be incomplete due to minor defiwithin thirty (30) days after the con ciencies, notify the petitioner of the ference, Copies of all applicable memo- deficiencies and allow ninety (90) days randa of record must be attached to from the date of notification to cure any subsequently-filed petition.

the specified deficiencies. The failure (d) A record of all prepetition con- to cure the deficiencies during this ferences will be included in the public time may result in denial of the refile. OFE may provide for the taking of quested exemption. a formal transcript of the conference (d) Waiver of filing requirements. Upon and the transcript will be included in its own motion or at the request of a the public file.

petitioner, OFE may waive some or all [46 FR 59889, Dec. 7, 1981, as amended at 54

of the regulatory requirements if the FR 52891, Dec. 22, 1989)

purposes of FUA would be best

achieved by doing so. 8501.3 Petitions.

$8501.4–501.5 (Reserved] (a) Filing of petitions. Petitions for exemptions are to be filed with OFE at $501.6 Service. the address given in 8501.11.

(a) DOE will serve all orders, notices (b) Acceptance of petition. (1) Upon ac

interpretations or other documents ceptance (as distinguished from filing)

that it is required to serve, personally of the petition, OFE shall publish in

or by mail, unless otherwise provided the FEDERAL REGISTER a Notice of Ac

in these regulations. ceptance of Petition or, in the case of

(b) DOE will consider service upon a an exemption by certification, a Notice

petitioner's duly authorized representof Acceptance and Availability of Cer

ative to be service upon the petitioner. tification, signifying that an exemp

(c) Service by mail is effective upon tion proceeding has commenced.

mailing. (2) OFE will notify each petitioner in writing within thirty (30) days of re- [54 FR 52891, Dec. 22, 1989) ceipt of the petition that it has been accepted or rejected and, if rejected,

$ 501.7 General filing requirements. the reasons therefor.

Except as indicated otherwise, all (3) A petition, including supporting documents required or permitted to be documents, will be accepted if the in- filed with OFE or DOE in connection formation contained appears to be suf- with a proceeding under parts 503 and ficient to support an OFE determina 504 shall be filed in accordance with the tion. Additional information may be following provisions: requested during the course of the pro (a) Filing of documents. (1) Documents ceeding, and failure to respond to such including, but not limited to, applicaa request may ultimately result in de tions, requests, complaints, petitions nial of the requested exemption.

(including petitions for exemption), (4) Acceptance of petition does not and other documents submitted in conconstitute a determination that the re nection therewith, filed with OFE are quested exemption will be granted.

considered to be filed upon receipt. (c) Rejection of petition. (1) OFE will (2) Notwithstanding the provisions of reject a petition if it does not meet the paragraph (a)(1) of this section, an apinformation of certification require- plication for modification or rescission ments established for the relevant ex- in accordance with subpart G of this emptions under parts 503 and 504 of this part, a reply to a notice of violation, a chapter. A written explanation of the response to a denial of a claim of conreasons for rejection will be furnished fidentiality, or a comment submitted with notification of the rejection

in connection with any proceeding (2) A timely-filed petition rejected as transmitted by registered or certified inadequate will not be rendered un mail and addressed to the appropriate timely if resubmitted in amended form office is considered to be filed upon within ninety (90) days of the date of mailing. rejection.

(3) Timeliness. Documents are to be (3) OFE will, within thirty (30) days filed with the appropriate DOE or OFE of receipt of a petition that is found to office listed in $501.11. Documents that are to be considered filed upon receipt tion, complaint, or other request for under paragraph (a)(1) of this section action is under a continuing obligation and that are received after regular during the proceeding to provide DOE business hours are deemed filed on the or OFE with any new or newly discovnext regular business day. Regular ered information that is relevant to business hours are 8 a.m. to 4:30 p.m. that proceeding. Such information in

(4) Computation of time. In computing cludes, but is not limited to, informaany period of time prescribed or al- tion regarding any other application, lowed by FUA, these regulations or by petition, complaint, or request for acan order, the day of the act, event, or tion that is subsequently filed by that default from which the designated pe person with any DOE office or OFE ofriod of time begins to run is not to be fice. included. The last day of the period so (10) The same or related matters. In filcomputed is to be included unless it is ing a petition or other document rea Saturday, Sunday, or Federal legal questing OFE action, the person must holiday in which event the period runs state whether, to the best of his knowluntil the end of the next day that is edge, the same or a related issue, act or neither a Saturday, Sunday, nor a Fed transaction has been or presently is eral legal holiday.

being considered or investigated by a (5) Additional time after service by mail. DOE office, other Federal agency, deWhenever a person is required to per partment or instrumentality, or a form an act, to cease and desist there State or municipal agency. from, or to initiate a proceeding under (11) Request for confidential treatment. this part within a prescribed period of (i) If any person filing a document with time and the order, notice, interpreta- DOE or OFE claims that some or all of tion or other document is served by the information contained in the documail, three (3) days shall be added to ment is exempt from the mandatory the prescribed period.

public disclosure requirements of the (6) Extension of time. When a docu- Freedom of Information Act (5 U.S.C. ment is required to be filed within a 552); is information referred to in 18 prescribed time, an extension of time U.S.C. 1905; or is otherwise exempt by to file may be granted upon good cause law from public disclosure, and if such shown.

person requests DOE or OFE not to dis(7) Signing. All applications, peti close such information, such person tions, requests, comments, and other shall make a filing in accordance with documents that are required to be paragraph (b)(2) of this section. The signed, shall be signed by the person person shall indicate in the original filing the document or a duly author document that it is confidential or conized representative. Any application, tains confidential information and may petition, request, complaint, or other file a statement specifying the jusdocument filed by a duly authorized tification for non-disclosure of the inrepresentative shall contain a state formation for which confidential treatment by such person certifying that he ment is claimed. If the person states is a duly authorized representative, un that the information comes within the less an OFE form otherwise requires. exception in 5 U.S.C. 552(b)(4) for trade (A false certification is unlawful under secrets and commercial or financial inthe provisions of 18 U.S.C. 1001 (1970).) formation, such person shall include a

(8) Labeling. An application, petition, statement specifying why such inforor other request for action by DOE or mation is privileged or confidential. If OFE should be clearly labeled accord a document is not so filed, OFE may ing to the nature of the action in assume that there is no objection to volved, e.g., “Petition for Temporary public disclosure of the document in its Exemption;" "Petition for Extension entirety, unless the person subse(or Renewal) of Temporary Exemp quently files a claim of confidentiality tion,” both on the document and on the prior to public disclosure of the docuoutside of the envelope in which the ment. document is transmitted.

(ii) DOE or OFE retains the right to (9) Obligation to supply information. A make its own determination with reperson who files an application, peti- gard to any claim of confidentiality.

Notice of the decision by DOE or OFE to deny such claim, in whole or in part, and an opportunity to respond or take other appropriate action to avoid release shall be given to a person claiming confidentiality of information no less than seven (7) days prior to its public disclosure.

(iii) The above provisions in paragraphs (a)(11) (i) and (ii) of this section do not apply to information submitted on OFE forms that contain their own instructions concerning the treatment of confidential information.

(12) Separate applications, petitions or requests. Each application, petition, or request for DOE or OFE action shall be submitted as a separate document, even if the applications, petitions, or requests deal with the same or a related issue, act, or transaction, or are submitted in connection with the same proceeding.

(b) Number of documents to be filed. (1) A petitioner must file an executed original and fourteen (14) copies of all exemption requests submitted to DOE. For certification requests, an original and three (3) copies shall be submitted.

(2) Where the petitioner requests confidential treatment of some or all of the information submitted, an original and eleven (11) copies of the confidential document and three (3) copies of the document with confidential material deleted must be filed. (46 FR 59889, Dec. 7, 1981, as amended at 47 FR 15314, Apr. 9, 1982; 54 FR 52891, Dec. 22, 1989)

not take effect until all approvals required by such State regulatory authority which relate to construction have been obtained. [54 FR 52891, Dec. 22, 1989) 8501.10 Order of precedence.

If there is any conflict or inconsistency between the provisions of this part and any other provisions or parts of this chapter, except for general procedures which are unique to part 515 of this chapter, the provisions of this part will control respect to procedure. (54 FR 52891, Dec. 22, 1989) $ 501.11 Address for filing documents.

Send all petitions, self-certifications and written communications to the following address: Office of Fossil Energy, Office of Fuels Programs, Coal and Electricity Division, Mail Code FE-52, 1000 Independence Avenue, SW., Washington, DC 20585. [54 FR 52891, Dec. 22, 1989)

$501.12 Public files.

DOE will make available at the Freedom of Information reading room, room 1E190, 1000 Independence Avenue SW., Washington, DC for public inspection and copying any information required by statute and any information that OFE determines should be made available to the public. (54 FR 52891, Dec. 22, 1989)

$501.8 [Reserved)

$501.9 Effective date of orders or

rules. (a) When OFE issues a rule or order imposing a prohibition or granting an exemption (or permit) under FUA, the rule or order will be effective sixty (60) days after publication in the FEDERAL REGISTER, unless it is stayed, modified, suspended or rescinded.

(b) If the appropriate State regulatory authority has not approved a powerplant for which a petition has been filed, such exemption, to the extent it applies to the prohibition under section 201 of FUA against construction without the capability of using coal or another alternate fuel, shall

8501.13 Appeal.

There is no administrative appeal of any final administrative action to which this part applies. 8501.14 Notice to Environmental Pro

tection Agency. A copy of any proposed rule or order that imposes a prohibition, order that imposes a prohibition, or a petition for an exemption or permit, shall be transmitted for comments, if any, to the Administrator and the appropriate Regional Administrator of the Environmental Protection Agency (EPA). The Administrator of EPA shall be given the same opportunity to comment and question as is given other interested persons. (54 FR 52891, Dec. 22, 1989)

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