spect to the sale of electricity by any State regulated electric utility.

"Synthetic fuel" means any fuel derived from an alternate fuel and does not include any fuels derived from petroleum or natural gas.

"Wetlands areas" means, for purposes of Section 103(a)(12) of the Act, those geographical areas designated as wetlands areas by State or local environmental regulatory authorities, or in the absence of any such geographic designation, those areas that are inundated by surface or ground water with frequency sufficient to support, and under normal circumstances does or would support, a prevalence of vegetation or aquatic life that requires saturated, seasonably saturated, or tidally saturated soil conditions for growth or reproduction.

(Department of Energy Organization Act, Pub. L. 95-91, 42 U.S.C. 7101 et seq.; Energy Supply and Environmental Coordination Act of 1974, Pub. L. 93-319, as amended by Pub. L. 94-163, Pub. L. 95-70, and Pub. L. 95-620, (15 U.S.C. 719 et seq.); Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 95-620, as amended by Pub. L. 97-35 (42 U.S.C. 8301 et seq.); Omnibus Budget Reconciliation Act of 1981, Pub. L. 97-35)

[46 FR 59884, Dec. 7, 1981, as amended at 47 FR 15313, 15314, Apr. 9, 1982; 47 FR 17041, Apr. 21, 1982; 47 FR 29210, July 6, 1982; 47 FR 34972, Aug. 12, 1982]

§ 500.3 Electric regions-electric region groupings for reliability measurements under the Powerplant and Industrial Fuel Use Act of 1978.

(a) The following is a list of electric regions for use with regard to the Act. The regions are identified by FERC Power Supply Areas (PSA's) as authorized by section 202(a) of the Federal Power Act except where noted. They will be reviewed annually by ERA. 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)-1, 2.

4. New York Planning Pool (NYPP)-3, 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 Group-35. 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 Compa

Subpart M-Use of Natural Gas or Petroleum for Emergency and Unanticipated Equipment Outage Purposes

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 Use of natural gas or petroleum during a temporary emergency condition pursuant to section 404(g) of the Act.

AUTHORITY: Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. 7101 et seq.); Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 95-620, 92 Stat. 3289 (42 U.S.C. 8301 et seq.); E.O. 12009, 42 FR 46267.

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

OMB CONTROL No.: 1903-0075. See 46 FR 63209, Dec. 31, 1981.

Subpart A-General Provisions

8501.1 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.

8 501.2 Prepetition conference.

(a) Owners and operators of powerplants and MFBI's may request a prepetition conference with ERA 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 ERA 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 confer

ence or a request for a prepetition conference does not commence a proceeding before ERA.

(c) If ERA agrees to waive any filing requirements under § 501.3(d), memorandum of record stating this fact will be furnished to the potential petitioner within thirty (30) days after the conference. Copies of all applicable memoranda of record must be attached to any subsequently-filed petition.

(d) A record of all prepetition conferences will be included in the public file. ERA may provide for the taking of a formal transcript of the conference and the transcript will be included in the public file.

§ 501.3 Petitions.

(a) Filing of petitions. Petitions for exemptions are to be filed with ERA at the address given in § 501.11.

(b) Acceptance of petition. (1) Upon acceptance (as distinguished from filing) of the petition, ERA shall publish in the FEDERAL REGISTER & Notice of Acceptance of Petition or, in the case of an exemption by certification, a Notice of Acceptance and Availability of Certification, signifying that an exemption proceeding has commenced.

(2) ERA will notify each petitioner in writing within thirty (30) days of receipt of the petition that it has been accepted or rejected and, if rejected, the reasons therefor.

(3) A petition, including supporting documents, will be accepted if the information contained appears to be sufficient to support an ERA determination. Additional information may be requested during the course of the proceeding, and failure to respond to such a request may ultimately result in denial of the requested exemption.

(4) Acceptance of petition does not constitute a determination that the requested exemption will be granted.

(c) Rejection of petition. (1) ERA will reject a petition if it does not meet the information of certification requirements established for the relevant exemptions under Parts 503 and 504 of this chapter. A written explanation of the reasons for rejection will be

furnished with notification of the rejection.

(2) A timely-filed petition rejected as inadequate will not be rendered untimely if resubmitted in amended form `within ninety (90) days of the date of rejection.

(3) ERA will, within thirty (30) days of receipt of a petition that is found to be incomplete due to minor deficiencies, notify the petitioner of the deficiencies and allow ninety (90) days from the date of notification to cure the specified deficiencies. The failure to cure the deficiencies during this time may result in denial of the requested exemption.

(d) Waiver of filing requirements. Upon its own motion or at the request of a petitioner, ERA may waive some or all of the regulatory requirements if the purposes of FUA would be best achieved by doing so.

88 501.4-501.5 [Reserved]

8 501.6 Service.

(a) DOE will serve all orders, notices, interpretations or other documents that it is required to serve, personally or by certified mail, unless otherwise provided in these regulations.

(b) DOE will consider service upon a petitioner's duly authorized representative to be service upon the petitioner.

(c) Service by certified mail is effective upon mailing. ERA will consider official United States postal receipts from certified mailing as prima facie evidence of service.

§ 501.7 General filing requirements.

Except as indicated otherwise, all documents required or permitted to be filed with ERA or DOE in connection with a proceeding under Parts 503 and 504 shall be filed in accordance with the following provisions:

(a) Filing of documents. (1) Documents including, but not limited to, applications, requests, complaints, petitions (including petitions for exemption), and other documents submitted in connection therewith, filed with ERA are considered to be filed upon receipt.

(2) Notwithstanding the provisions of paragraph (a)(1) of this section, an application for modification or rescis

sion in accordance with Subpart G of this part, a reply to a notice of violation, a response to a denial of a claim of confidentiality, or a comment submitted in connection with any proceeding transmitted by registered or certified mail and addressed to the appropriate office is considered to be filed upon mailing.

(3) Timeliness. Documents are to be filed with the appropriate DOE or ERA office listed in § 501.11. Documents that are to be considered filed upon receipt under paragraph (a)(1) of this section and that are received after regular business hours are deemed filed on the next regular business day. Regular business hours are 8 a.m. to 4:30 p.m.

(4) Computation of time. In computing any period of time prescribed or allowed by FUA, these regulations or by an order, the day of the act, event, or default from which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or Federal legal holiday in which event the period runs until the end of the next day that is neither a Saturday, Sunday, nor a Federal legal holiday.

(5) Additional time after service by mail. Whenever a person is required to perform an act, to cease and desist therefrom, or to initiate a proceeding under this Part within a prescribed period of time and the order, notice, interpretation or other document is served by mail, three (3) days shall be added to the prescribed period.

(6) Extension of time. When a document is required to be filed within a prescribed time, an extension of time to file may be granted upon good cause shown.

(7) Signing. All applications, petitions, requests, comments, and other documents that are required to be signed, shall be signed by the person filing the document or a duly authorized representative. Any application, petition, request, complaint, or other document filed by a duly authorized representative shall contain a statement by such person certifying that he is a duly authorized representative, unless an ERA form otherwise requires. (A false certification is unlaw

ful under the provisions of 18 U.S.C. 1001 (1970).)

(8) Labeling. An application, petition, or other request for action by DOE or ERA should be clearly labeled according to the nature of the action involved, e.g., "Petition for Temporary Exemption;" "Petition for Extension (or Renewal) of Temporary Exemption," both on the document and on the outside of the envelope in which the document is transmitted.

(9) Obligation to supply information. A person who files an application, petition, complaint, or other request for action is under a continuing obligation during the proceeding to provide DOE or ERA with any new or newly discovered information that is relevant to that proceeding. Such information includes, but is not limited to, information regarding any other application, petition, complaint, or request for action that is subsequently filed by that person with any DOE office or ERA office.

(10) The same or related matters. In filing a petition or other document requesting ERA action, the person must state whether, to the best of his knowledge, the same or a related issue, act or transaction has been or presently is being considered or investigated by a DOE office, other Federal agency, department or instrumentality, or a State or municipal agency.

(11) Request for confidential treatment. (i) If any person filing a document with DOE or ERA claims that some or all of the information contained in the document is exempt from the mandatory public disclosure requirements of the Freedom of Information Act (5 U.S.C. 552); is information referred to in 18 U.S.C. 1905; or is otherwise exempt by law from public disclosure, and if such person requests DOE or ERA not to disclose such information, such person shall make a filing in accordance with paragraph (b)(2) of this section. The person shall indicate in the original document that it is confidential or contains confidential information and may file a statement specifying the justification for non-disclosure of the information for which confidential treatment is claimed. If the person states that the information comes within the excep

tion in 5 U.S.C. 552(b)(4) for trade secrets and commercial or financial information, such person shall include a statement specifying why such information is privileged or confidential. If a document is not so filed, ERA may assume that there is no objection to public disclosure of the document in its entirety, unless the person subsequently files a claim of confidentiality prior to public disclosure of the document.

(ii) DOE or ERA retains the right to make its own determination with regard to any claim of confidentiality. Notice of the decision by DOE or ERA 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 ERA forms that contain their own instructions concerning the treatment of confidential information.

(12) Procedures for determinations of commercial unmarketability. (i) The following procedure may be used to determine if a liquid, solid or gaseous waste by-product of a refinery or industrial operation and, in certain cases, natural gas, can automatically be considered a commercially unmarketable alternate fuel under 10 CFR 500.2:

ALTERNATIVE A

A fuel which is burned by its producer is commercially unmarketable

(A) For a period, not to exceed one year, during which it is produced in quantities which are insufficient to permit a reasonable determination of its marketability; or

(B) If it meets the following requirements at 14.73 pounds per square inch and 60 degrees Fahrenheit prior to undergoing any treatment to upgrade;

(1) If gaseous, has an average chemical heat content of less than 600 Btu/ cubic foot or has corrosive or suspended particle properties inferior to those of natural gas of pipeline quality;