Page images
PDF
EPUB

holiday, in which case the period runs until the end of the next normal working day that is not a Federal legal holiday.

(2) ERA shall exclude Saturdays, Sundays or intervening Federal legal holidays from its computation of time when the period of time allowed or prescribed in the regulations is 7 days or less.

(b) Additional time after service by mail. Whenever ERA serves by mail decision, notice, interpretation or other document, which may specify a time period for you to perform an act, refrain from performing an act, or commence a proceeding, you may add 3 days to the period prescribed.

8 515.30 Service.

(a) ERA will serve all decisions personally or by certified mail unless otherwise provided in these regulations. All other documents will be sent by ERA by first class mail.

(b) ERA will consider service upon your duly authorized representative to be service upon you.

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

(2) If ERA requests other documents or additional information from you, these will be considered to be filed upon receipt unless ERA advises you to the contrary within a reasonable time.

(e) Signing and attestation. (1) If you file a request for classification under this part on behalf of a company or corporation, a duly authorized official of that company or corporation must attest in writing as to the accuracy of all of the facts and statements contained in that request.

(2) If you file a request for classification under this part on behalf of a subsidiary of a company or corporation, a duly authorized official of both the controlling or parent company or corporation and its subordinate or subsidiary company or corporation must attest in writing as to the accuracy of all facts and statements contained in that request.

(3) If you file a request for classification under this part on behalf of an entity other than a company or corporation, a duly authorized official of that entity must attest in writing as to the accuracy of all of the facts and statements contained in that request.

(4) All requests, comments, attestations or other documents filed under this part by a duly authorized representative, as defined by $ 515.20(c)(8), must contain the written attestation by that person that he is a duly authorized representative and state the basis for his authority.

(f) Labeling. You should clearly label any request for classification or other document that you file with ERA, as “Request for Classification as an Existing Facility” both on the document and on the outside of the envelope in which the document is transmitted.

(g) Obligation to supply information when you file a request for classification, and other documents relevant thereto. You are under a continuing obligation during the proceeding to provide the ERA with any new newly discovered information concerning significantly changed circumstances relevant to the facility.

(h) Request for confidential treatment. (1)(i) If you wish to file a document with ERA claiming that some or

8 515.31 General filing requirements.

(a) Where to submit. You must file your request for classification with ERA at the address provided in $ 515.35.

(b) When to submit. Submit your request for classification under the provisions of this part within 30 days after the effective date of this final rule.

(c) Number of copies. You should submit four copies of your request for classification.

(d) Completed filing. (1) Your request for classification is considered to be filed when you have submitted four copies of your request and any required supporting documentation, and it has been accepted by ERA. If for any reason your request for classification is not acceptable, ERA will notify you within 42 days (6 weeks) from the date of receipt of any deficiencies or defects contained in your request.

or

fications of Transitional Facilities. ERA determinations on requests for classification that are received by ERA on or before the effective date of this final rule shall be made on the basis of the revised interim rule, or upon this final rule where the application of the final rule would result in a more favorable disposition of your request. For requests made after the effective date of this rule ERA shall apply the provisions of this final rule.

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 as amended) or is otherwise exempt by law from public disclosure, and if you wish to request ERA not to disclose such information, you must comply with the Department of Energy's Freedom of Information regulations set forth in 10 CFR Part 1004 (44 FR 1908, Jan. 8, 1979).

(2) ERA retains the right to make its own determination with regard to any claim of confidentiality. Notice of the decision by ERA to deny such claim, in w] le or in part, and an opportunity to respond will be given to the person claiming confidentiality of information no less than 7 days prior to the public disclosure of such information.

(3) This subsection does not apply where information is being submitted on an ERA form which contains its own instructions as to requests for confidential treatment of information provided.

(4) Each request for ERA action must be submitted as a separate document, even if the request deals with the same or a related issue, act or transaction, or is submitted in connection with the same proceeding.

8 515.35 Addresses for filing documents

with the ERA. All requests, reports, ERA forms, written communications or other documents are to be filed with the Assistant Administrator for Fuels Conversion, Economic Regulatory Administration, Attention: Office of Public Hearing Management, 2000 M Street, N.W., Washington, D.C., 20461.

8 515.36 Office of public information.

The Office of Public Information (2000 M Street, N.W., Washington, D.C., Room B-110) is available for public inspection of documents and copying of the following information:

(a) A list of all persons who have filed a request for classification for designation as existing facilities.

(b) Each decision on a request for classification which will contain a statement setting forth the relevent facts and legal basis of each decision, with confidential information deleted, as well as written comments received from interested persons in connection with a request.

8 515.32 Extension of time.

ERA may, in its discretion, provide an extension of time to file a request for classification if you can show good cause for the extension. You should submit your request for an extension within 30 days after the effective date of this rule.

[blocks in formation]

Sec. 516.22 Prohibition on use of natural gas by

direct industrial customers for outdoor lighting.

Subpart C-Delegation of Authority

516.30 Scope 516.31 Annual reports. 516.32 Rescission.

Subpart D-Guidance on Exemptions 516.40 Applicability. 516.41 Lighting of historical significance. 516.42 Memorial lighting. 516.43 Commercial lighting of a traditional

nature. 516.44 Safety of persons and property. 516.45 Time to install substitute lighting. 516.46 Compliance which entails substan

tial expense and would not be cost justi

fied. 516.47 Public interest.

AUTHORITY: Sec. 402, Pub. L. 95-620; 92 Stat. 3315; 42 U.S.C. 8372.

SOURCE: 44 FR 27607, May 10, 1979, unless otherwise noted.

(d) Subpart C delegates to the appropriate State regulatory authorities the responsibility and authority of the Secretary of DOE with regard to natural gas outdoor lighting. The specific authorities delegated are set forth in $ 516.30. Section 516.31 sets forth the requirements for annual reports which the appropriate State regulatory authorities are required to submit to ERA. Section 516.32 provides for rescission, by ERA, of the delegation of authority as it applies to any particular State.

(e) Subpart D sets forth guidance to be followed by the appropriate State regulatory authorities in ting or denying requests for exemption in the absence of the exercise of authority by the State in promulgating its own criteria. Criteria for granting or denying exemptions are provided for each of the categories of exemption established by the Act: Lighting of historical significance ($ 516.41); memorial lighting (§ 516.42); commercial lighting of historical significance ($ 516.43); safety of persons and property ($ 516.44); time to install substitute lighting (8 516.45); substantial expense ($ 516.46); public interest (8 516.47).

Subpart A-General Purpose and

Scope; Definitions

8 516.10 General purpose and scope.

(a) The purpose of this rule is to implement section 402 of Pub. L. 95-620, the Powerplant and Industrial Fuel Use Act of 1978 (the Act). The objective of section 402 of the Act is to eliminate the nonessential use of natural gas for outdoor lighting and to conserve such gas for the benefit of present and future generations.

(b) The rule consists of four subparts. Subpart A consists of this section, entitled “General Purpose and Scope,” and 516.11, “Definitions."

(c) Subpart B contains the prohibitions on the installation of natural gas outdoor lighting fixtures and the sale and direct industrial use of natural gas for outdoor lighting. Section 516.20 prohibits the installation of natural gas outdoor lighting fixtures. Sections 516.21 and 516.22 prohibit local distribution companies from providing natural gas to residential, commercial, and industrial customers for use in outdoor lighting as well as prohibiting the use of natural gas by direct industrial customers for outdoor lighting.

$ 516.11 Definitions.

Unless otherwise expressly provided, for the purposes of this rule:

(a) The term “direct industrial customer” means an industrial user of natural gas who obtains the natural gas under a contract with a natural gas pipeline company, or any agent thereof.

(b) The term “local distribution company” means any person engaged in the business of interstate or intrastate transportation and local distribution of natural gas for ultimate consumption.

(c) The term “natural gas" means any fuel consisting in whole or in part of natural gas, liquid petroleum gas, or synthetic gas derived from petroleum or natural gas liquids.

(d) The term “natural gas outdoor lighting fixture” means a complete stationary natural gas outdoor lighting unit.

(e) The term “pipeline company” means any person engaged in the busi

ness of interstate or intrastate transportation of natural gas by pipeline other than as a local distribution company.

(f) The term “residence" means any single or multiple family dwelling unit, including commonly held areas associ. ated with such unit and including multiple family dwelling units which may be classified by the local distribution company as "commercial" customers.

(g) Unless otherwise designated by ERA, upon recommendation of the Governor, the term “State regulatory authority” means that agency of any of the 50 States, the District of Columbia, Puerto Rico, or any territory or possession of the United States, which has primary or exclusive authority to fix, modify or approve rates for the sale of natural gas by local distribution companies within that State, except that:

(1) In the case of a local distribution company which is publicly-owned, and not subject to State rate regulation, references in this part to “State regulatory authority” or “State" shall be treated as references to such company; and

(2) In the case of any direct industrial customer or any local distribution company which is privately-owned, and not subject to State rate regulation, the Governor shall designate the responsible State regulatory authority.

(h) The term "substitute lighting" means outdoor lighting which does not directly burn natural gas. (44 FR 27607, May 10, 1979, as amended at 45 FR 35208, May 23, 1980)

8 516.21 General prohibition on sale of

natural gas for use in outdoor lighting. (a) Prohibition. No local distribution company shall supply natural gas for use in outdoor lighting.

(b) Effective dates. (1) In the case of any residential, commercial, or industrial customer, the prohibition stated in paragraph (a) of this section shall be effective on May 8, 1979, unless a later effective date is applicable under paragraphs (a) (2), (3), or (4) of this section.

(2) In the case of any industrial or commercial structure to which natural gas was being supplied by the local distribution company for outdoor lighting use on November 9, 1978, the prohibition stated in paragraph (a) of this section shall be effective on November 5, 1979.

(3) In the case of any municipal outdoor lighting fixture to which natural gas was being supplied by the local distribution company for outdoor lighting use on November 9, 1978, the prohibition stated in paragraph (a) of this section shall be effective January 1, 1982.

(4) In the case of any outdoor lighting fixture used in connection with a residence to which natural gas was being supplied by the local distribution company for outdoor lighting use on November 9, 1978, the prohibition stated in paragraph (a) of this section shall be effective January 1, 1982.

Subpart B-Prohibitions

8 516.20 General prohibition on installa

tion of natural gas outdoor lighting

fixtures. (a) Prohibition. No local distribution company or direct industrial customer shall install any natural gas outdoor lighting fixture.

(b) Effective date. The prohibition stated in paragraph (a) of this section shall be effective beginning on November 9, 1978.

8 516.22 Prohibition on use of natural gas

by direct industrial customers for out

door lighting. (a) Prohibition. No direct industrial customer shall use natural gas for outdoor lighting.

(b) Effective dates. (1) In the case of a direct industrial customer who was using natural gas for outdoor lighting on November 9, 1978, the prohibition stated in paragraph (a) of this section shall be effective on November 5, 1979.

(2) In the case of a direct industrial customer using a natural gas outdoor lighting fixture(s) that:

(i) Was installed prior to the ban on the installation of such fixture(s) set out in § 516.20 of this rule; and

(ii) Was not using natural gas for such fixture(s) on the date this rule is issued as a final rule. The prohibition stated in paragraph (a) of this section shall be effective on May 8, 1979.

Subpart C-Delegation of Authority

8516.30 Scope.

Pursuant to section 402(e) of the Act, ERA delegates to the appropriate State regulatory authorities, effective on the date this rule is issued as a final rule, the full responsibility and authority of the Secretary of DOE with regard to natural gas outdoor lighting. The authorities and responsibilities delegated by this rule to the appropriate State regulatory authorities are those enumerated in paragraphs (a) through (g) of this section. The appropriate State regulatory authorities should normally consult with the State Historic Preservation Officers for their respective States (as recognized by the U.S. Department of Interior, Heritage Conservation and Recreation Service) when fulfilling their responsibilities and authorities as set forth in this section particularly when decisions are made or options considered relating to historic preservation.

(a) Authority to promulgate regulations. The authority to promulgate any regulations necessary to carry out the purposes of section 402 of the Act is delegated to the appropriate State regulatory authorities.

(b) Authority to issue orders. The authority to issue orders exempting certain natural gas outdoor lighting fixtures from the prohibitions set forth in Subpart B of this rule is delegated to the appropriate State regulatory authorities. Such exemption orders may be issued on the basis of:

(1) Lighting of historical significance;

(2) Memorial lighting;

(3) Commercial lighting of historical significance;

(4) Lighting which is necessary to protect the safety of persons and property;

(5) The necessity to permit the installation of substitute lighting where no adequate outdoor lighting (other

than that using natural gas) existed on November 9, 1978;

(6) Substantial expense which would not be cost justified; or

(7) The public interest and consistency with the purposes of the Act.

(c) Authority to establish exemption criteria. The authority to establish criteria to be used in making any determinations to issue any orders relating to exemptions from the prohibitions set forth in Subpart B of this rule is delegated to the appropriate State regulatory authorities.

(d) Authority to establish exemption procedures. The authority to establish procedures for the acceptance, processing, consideration, and grant or denial of applications and requests for exemptions from the prohibitions set forth in Subpart B of this rule is delegated to the appropriate State regulatory authorities.

(e) Authority to establish enforcement mechanisms. The authority to establish enforcement policies, criteria and procedures with respect to the prohibitions set forth in Subpart B of this rule is delegated to the appropriate State regulatory authorities.

(f) Authority to enforce prohibitions and assess civil penalties. The authority to enforce the prohibitions set forth in Subpart B of the rule, including the authority to assess civil penalties for noncompliance with such prohibitions pursuant to section 723(c) of the Act, is delegated to the appropriate State regulatory authorities.

(g) Authority to investigate. The authority to initiate investigations and compel the submission of data or relevant documents is delegated to the appropriate State regulatory authorities.

$ 516.31 Annual reports.

(a) General requirements. Pursuant to this delegation, the appropriate State regulatory authority shall submit to ERA two copies of the annual report as specified in this section. The annual report shall be submitted to: Economic Regulatory Administration, U.S. Department of Energy, Office of Utility Systems, 2000 M Street, NW., Washington, D.C. 20461, Attention: Gas Light Prohibitions.

« PreviousContinue »