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(C) St. Lawrence Gas Company, Docket No. G-17500.

(D) U.S.D.I. Bonneville Power Administration, Docket No. E-9563.

(E) U.S.D.I. Southwestern Power Administration, Docket No. E-7201.

(F) U.S.D.I. Southeastern Power Administration, Docket No. E-6957.

(G) Tenneco InterAmerica, Inc., Docket No. CP77-561.

(ii) Applications:

(A) Maine Public Service Co., Docket No. E-6751. (ERA Docket No. IE-781).

(B) Northern States Power Co., Docket No. E-9589, (ERA Docket No. IE-78-2).

(C) Arizona Public Service Co., Docket No. IT-5331. (ERA Docket No. IE-78-3).

(D) Niagara Mohawk Power Corp., Docket No, E-7022. (ERA Docket No. IE-77-6).

(E) Maine Public Service Co., Docket No. IT-6027. (ERA Docket No. PP-12).

(F) Boise Cascade, Docket No. E7765. (ERA Docket No. PP-52).

(G) Bonneville Power Administration, Docket No. IT-5959. (ERA Docket No. PP-10).

(H) EPR-Oregon (Geothermal Steam Leases).

(I) EPR-Utah (Geothermal Steam Leases).

(J) EPR-Idaho (Geothermal Steam Leases).

(K) EPR-Oregon (Geothermal Steam Leases).

(L) EPR-Idaho (Geothermal Steam Leases).

(iii) Rulemakings:

(A) Implementation of Sections 382(b) and 382(c) of the Energy Policy and Conservation Act of 1975. Docket No. RM77-3. (B) New Form Nos: 151, Docket No. RM76-19. 153, Docket No. RM76–27. 154, Docket No. RM76-33. 156, Docket No. RM76-32. 157, Docket No. RM76-21. 158, Docket No. RM76-31. 159, Docket No. RM76-23. 160, Docket No. RM76-20. 161, Docket No. RM76-26. 162, Docket No. RM76-34. 155, Docket No. RM76-28. 163, Docket No. RM76-30. 164, Docket No. RM76-25.

(C) Procedures for the Filing of Federal Rate Schedules Docket No. RM77-9.

(iv) Project withdrawals and power site revocations:

(A) Project 1021, 1226, 1606, and 1772—(Wyoming)—U.S. Forest Service (Applicant).

(B) Project Nos. 1021, 1226, 1606, and 1772—(Wyoming)—U.S. Forest Service (Applicant).

(C) Project Nos. 220 and 691-(Wyoming)-Cliff Gold Mining Co. (Applicant for P-691) The Colowyo Gold Mining Co. (Applicant for P-220).

(D) Project No. 1203—(Wyoming)F. D. Foster (Applicant).

(E) Project No. 1241-(Wyoming)-F. B. Hommel (Applicant).

(F) Project No. 847—(Oregon)-H. L. Vorse (Applicant).

(G) Project No. 907—(Colorado)—S. B. Collins (Applicant).

(H) Project No. 941–(Colorado)Marian Mining Company (Applicant).

(I) Project Nos. 347 and 418—(Colorado)-Jones Brothers (Applicant for P-347) Frank Gay et al. (Applicant for P-418).

(J) Project Nos. 373, 521, 937, 1024, 1415, 1546, 1547, and 1025—( )-U.S. Forest (Applicant).

(K) Project No. 163—(Colorado) James F. Meyser and Edward E. Drach (Applicants).

(L) Project Nos. 385, 445, 506, 519, 1220, 1296, 1418, 1519, 1576, 1615, 1616, 1618, 1678, 1682, and 1750–(Colorado)—U.S. Forest Service (Applicant).

(M) DA-117—(Alaska)—Bureau of Land Management (Applicant).

(N) Project No. 114—(Alaska)-Elizabeth H. Graff et al. (Applicant).

(O) DA-222—(Washington)—Bureau of Land Management (Applicant).

(P) DA-562—(Oregon)-U.S. Geological Survey (Applicant).

(Q) DA-601-(Idaho)-Bureau of Land Management (Applicant).

(R) DA-509—(Colorado)—Fed. Highway Admin. (Applicant).

(S) DA-616—(Idaho)—U.S. Forest Service (Applicant).

(T) DA-1-(South Carolina)—U.S. Forest Service (Applicant).

(U) DA-1116—(California)—U.S. Geological Survey (Applicant).

(V) DA-154-(Arizona)—U.S. Geological Survey (Applicant).

(W) DA-1098—(California)-Merced Irrigation District (Applicant).

(c) Proceedings transferred to the Commission. There are hereby transferred to the jurisdiction of the Federal Energy Regulatory Commission the following proceedings:

(1) From the Interstate Commerce Commission:

(i) Ex Parte No. 308—Valuation of Common Carrier Pipelines.

(ii) I&S 9164–Trans Alaska Pipeline System-Rate Filings (including I&S 9164 (Sub-No. 1), NOR 36611, NOR 36611 (Sub-No. 1), NOR 36611 (SubNo. 2), NOR 36611 (Sub-No. 3), NOR 36611 (Sub-No. 4)).

(iii) I&S 9089-General Increase, December 1975, Williams Pipeline Company.

(iv) I&S 9128—Anhydrous Ammonia, Gulf Central Pipeline Company.

(v) NOR 35533 (Sub-No. 3)-Petroleum Products, Southwest & Midwest Williams Pipeline.

(vi) NOR 35794–Northville Dock Pipeline Corp. et al.

(vii) NOR 35895—Inexco Oil Company v. Belle Fourche Pipeline Co. et al.

(viii) NOR 36217–Department of Defense v. Interstate Storage & Pipeline Corp.

(ix) NOR 36423–Petroleum Products Southwest to Midwest Points.

(x) NOR 36520–Williams Pipeline Company-Petroleum Products Midwest.

(xi) NOR 36553-Kerr-McGee Refining Corporation v. Texoma Pipeline Co.

(xii) Suspension Docket 67124—Williams Pipe Line Co.-General Increase.

(xiii) Valuation Docket 1423–Williams Pipeline Company (1971-1974 inclusive).

(2) To remain with the Commission until forwarding to the Secretary: The following proceedings will continue in effect under the jurisdiction of the Commission until the timely filing of all briefs on and opposing exceptions to the initial decision of the presiding Administration Law Judge, at which time the Commission shall forward the record of the proceeding to the Secretary for decision on those matters within his jurisdiction:

(i) El Paso Eastern Co., et al., Docket No. CP 77-330, et al.

(ii) Tenneco Atlantic Pipeline Co., et al., Docket No. CP 77-100, et al.

(iii) Distrigas of Massachusetts Corp., et al., Docket No. CP 70-196, et al.

(iv) Distrigas of Massachusetts Corp., et al., Docket No. CP 77-216, et al.

(V) Eascogas LNG, Inc., et al., Docket No. CP 73-47, et al.

(vi) Pacific Indonesia LNG CO., et al., Docket No. CP74-160, et al., (except as provided in paragraph (c)(3) of this section).

(3) The Amendment to Application of Western LNG Terminal Associates, filed on November 11, 1977, in Pacific Indonesia LNG CO., et al., FPC Docket No. CP74-160, et al., ERA Docket No. 77-001-LNG, is transferred to the jurisdiction of the Commission until timely filing of all briefs on and opposing exceptions to the Initial Decision of the presiding Administrative Law Judge on that Amendment, at which time the Commission shall forward a copy of the record of that proceeding to the Secretary of Energy for decision on those matters within his jurisdiction. (If the Commission waives the preparation of an initial decision, the Commission will forward a copy of the record after completion of the hearing, or after the timely filing of any briefs submitted to the Commission, whichever occurs later.)

(d) Residual clause. All proceedings (other than proceedings described in paragraphs (b) and (c) of this section) pending with regard to any function of the Department of Energy, the Department of Energy, Department of the Interior, the Department of Commerce, the Department of Housing and Urban Development, the Department of Navy, and the Naval Reactor and Military Applications Programs which is transferred to the Department of Energy (DOE) by the DOE Organization Act, will be conducted by the Secretary. All proceedings (other than proceedings described in paragraphs (b) and (c) of this section) before the Federal Power Commission or Interstate Commerce Commission will be conducted by the Federal Energy Regulatory Commission. (Department of Energy Organization Act, Pub. L. 95-91; EO 12009, 42 FR 46267)

(42 FR 55534, Oct. 17, 1977, as amended at 43 FR 21434, May 18, 1978; 43 FR 21658, May 19, 1978)

PART 1001-SEPARATION OF REGU

LATORY AND ENFORCEMENT FUNCTIONS WITHIN THE ECONOMIC REGULATORY ADMINISTRATION

$ 1001.1 Separation of regulatory and en

forcement functions within the Eco

nomic Regulatory Administration. In accordance with Section 206(a) of the Department of Energy Organization Act, Pub. L. 95-91, and the October 1, 1977 delegation of the Secretary of Energy to the Administrator of the Economic Regulatory Administration (ERA), the regulation preparation and enforcement functions delegated to the Administrator of ERA shall be performed by separate entities of the ERA. The office of the Assistant Administrator for Regulations and Emergency Planning shall be responsible for the preparation of regulations. The office of the Assistant Administrator for Enforcement, including the offices of Regional Directors of Enforcement, and the office of the Special Counsel for Compliance, shall be responsible for the bringing of individual enforcement actions. No officer or member of the office of the Assistant Administrator for Regulations and Emergency Planning shall have authority to make or concur in any decision by ERA to institute an individual enforcement investigation or adjudicate an individual enforcement proceeding.

cordance with Section 206(a) of the DOE Act; and

There is hereby delegated to the Administrator of ERA the authority to adopt rules, issue orders, licenses and allocations, collect fees, and take such other action as may be necessary and appropriate to administer the following functions:

The allocation and pricing of crude oil, residual fuel oil, and refined petroleum products, pursuant to the provisions of the Emergency Petroleum Allocation Act of 1973 (Pub. L. 93-159), as amended;

2. The importation of crude oil, unfinished oils and finished products, pursuant to the provisions of the Trade Expansion Act of 1962 (Pub. L. 87-794) and Proclamation No. 3279, as amended;

3. The prohibition of powerplants and major fuel burning installations from the use, as a primary energy source, of natural gas or petroleum products; requiring that powerplants and major fuel burning installations in the early planning process be designed and constructed so as to be capable of using coal as a primary energy source; and the allocation of coal, pursuant to the provisions of Section 2 of the Energy Supply and Environmental Coordination Act of 1974 (Pub. L. 93-319), as amended;

4. The prescription of energy conservation and rationing contingency plans, pursuant to the provisions of Sections 202 and 203 of the Energy Policy and Conservation Act (Pub. L. 94-163), as amended;

The development of proposals for improvement of electric utility rate design and advising the Secretary of such proposals for the transmittal thereof to Congress; funding of electric utility rate demonstration projects; and providing financial assistance to State offices of consumer services to facilitate presentation of consumer interests before such commissions, pursuant to the provisions of Title II of the Energy Conservation and Production Act (Pub. L. 94-385), as amended;

6. The exportation and importation of natural gas, pursuant to the provisions of Section 3 of the Natural Gas Act (Pub. L. 688, 75th Cong. 2d Sess.), as amended, and Executive Order No. 10485, except with respect to those pending cases assigned by rule to FERC;

7. The exportation and importation of electric energy, pursuant to the provisions of Section 202(e) of the Federal Power Act (Pub. L. 280, 66th Cong., 2d Sess.), as amended, and Executive Order No. 10485;

8. The establishment and review of priorities for the curtailment of deliveries of natural gas, under the authority of the provisions of Sections 1(b), 4, 5, 7 and 16 of the Natural Gas Act and pursuant to the provisions of Section 402(a)(1)(E) of the DOE Act;

(Dept. of Energy Organization Act, Pub. L. 95-91; EO 12009, 42 FR 46267) [42 FR 60726, Nov. 29, 1977)

APPENDIX-DEPARTMENT OF ENERGY

DELEGATION ORDER NO. 0204-4

TO THE ADMINISTRATOR OF THE ECONOMIC

REGULATORY ADMINISTRATION

Pursuant to the authority vested in me as Secretary of Energy ("Secretary”) and by the Department of Energy Organization Act (Pub. L. 95-91) (the “DOE Act”), the Administrator of the Economic Regulatory Administration (“ERA”) is hereby directed to provide by rule for a separation of the regulatory and enforcement functions of the Economic Regulatory Administration, in ac

80-029 0-81--33

9. The assembly of information with regard to State compacts, proposed and approved, dealing with the conservation, production, transportation or distribution of natural gas; and advising the Secretary with respect to legislation recommended to carry out the purposes of such State compacts and to aid in the conservation, and orderly, equitable and economic production, transportation and distribution of natural gas, pursuant to the provisions of Section 11 of the Natural Gas Act;

10. The establishment and modification of regional districts in the country for the voluntary interconnection and coordination of facilities for the generation, transmission and sale of electric energy, and the promotion and encouragement of such interconnection and coordination within each such district and between such districts, pursuant to the provisions of Section 202(a) of the Federal Power Act;

11. To order the temporary connections of facilities, during times of war or national emergency, for the generation or transmission of electric energy and such generation, delivery, interchange, or transmission of electric energy as in the Administrator's judgment will best meet the emergency and serve the public interest, pursuant to the provisions of Section 202(c) of the Federal Power Act;

12. To approve or deny applications to make permanent connections for emergency use only by persons engaged in the transmission or sale of electric energy where the applicant is not otherwise subject to the jurisdiction defined by Section 201 of the Federal Power Act, with any public utility that is subject to such jurisdiction, pursuant to the provisions of Section 202(d) of the Federal Power Act;

13. The investigation and determination, upon the Administrator's own motion or the request of any State commission, of the cost of production or transmission of electric energy by means of facilities that are subject to the jurisdiction defined by Section 201 of the Federal Power Act, as the Administrator determines is necessary and appropriate to perform his functions, pursuant to the provisions of Section 206(b) of the Federal Power Act;

14. The conduct of investigations regarding the generation, transmission, distribution and sale of electric energy, however produced, throughout the United States and its possessions, including the generation, transmission, distribution and sale of electric energy by any agency, authority or instrumentality of the United States, or of any State or municipality or other political subdivision of a State, and advising the Secretary of the results of such investigations for his report thereof to Congress, as the Administrator determines is necessary and

appropriate to perform his functions, pursuant to Section 311 of the Federal Power Act;

15. Exercise of the authority under the acts listed below to confirm and approve power or transmission rates of federal power marketing agencies, and exercise of the cost-allocation authority contained in Section 7 of the Bonneville Project Act cited below: Section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), the Bonneville Project Act of 1937 (Pub. L. 329, 75th Cong., ist Sess.), as amended; the Federal Columbia River Transmission System Act of 1974 (Pub. L. 93-454), the Eklutna Project Act of 1950, as amended, (64 Stat. 382); the Act of June 18, 1954 (68 Stat. 255), as amended by the Act of December 23, 1963 (77 Stat. 475) (Falcon and Amistad Dams);

16. The final decision as to rate adjustments pursuant to Section 10 of the rules entitled “Procedures for Public Participation in General Adjustmeents in Power Rates”, set forth at 40 FR 34431-32 (August 15, 1975), which were promulgated pursuant to the Reclamation Act of 1902, as amended and supplemented by subsequent enactments, particularly Section 9(c) of the Reclamation Project Act of 1939, 43 U.S.C. 485h(c), and the acts specifically applicable to the project in question;

17. Exercise of the authority under Section 11 of the Clayton Act (15 U.S.C. 21) as related to the transportation of oil by pipeline, pursuant to the provisions of Section 306 of the DOE Act;

18. To propose rules, regulations and statements of policy of general applicability to the Federal Energy Regulatory Commission (“FERC”) with respect to any function within the jurisdiction of FERC under Section 402 of the DOE Act and set reasonable time limits for the completion of action by FERC on any such proposal, pursuant to the provisions of Section 403(a) of the DOE Act;

19. To intervene or otherwise participate in any proceeding before FERC, pursuant to the provisions of Section 405 of the DOE Act;

20. To intervene or otherwise participate on behalf of the Secretary in any proceeding before any federal or state agency or commission whenever it is determined that the interests of the Secretary should be represented in such proceeding;

21. To issue Notices of Probable Violation (NOPV) when there is reason to believe that a violation of any regulation or order having the effect of a rule promulgated pursuant to the Emergency Petroleum Allocation Act of 1973 has occurred, is continuing or is about to occur and conduct proceedings incidental thereto;

22. To issue proposed remedial orders and remedial orders (including matters involving remedial orders for immediate compliance

and orders of disallowance) for the violation The Administrator of ERA shall consult of any regulation or order having the effect with the Administrator of the Energy Inforof a rule promulgated pursuant to the mation Administration (“EIA") with respect Emergency Petroleum Allocation Act of to the exercise of functions under para1973, advise FERC as to any such remedial graphs 13 and 14, as EIA considers appropriorder that is contested, and set reasonable ate. time limits for FERC to complete action on In exercising the authority delegated by any such proceeding referred to it, pursuant this Order or as redelegated pursuant thereto the provisions of Section 503 of the DOE to, the delegate(s) shall be governed by the Act;

rules and regulations of DOE and the poli23. To issue appeal decisions with respect cies and procedures prescribed by the Secreto remedial orders (including remedial

tary or his delegate. orders for immediate compliance and orders All actions pursuant to any authority delof disallowance) relating to NOPV's that

egated prior to this Order or pursuant to were issued by the Department of Energy

any authority delegated by this Order taken prior to October 1, 1977;

prior to and in effect on the date of this 24. To suspend or revoke allocations and

Order are hereby confirmed and ratified, licenses, and conduct proceedings incidental

and shall remain in full force and effect as thereto, issued pursuant to the functions

if taken under this Order, unless or until redescribed in paragraph 2;

scinded, amended or superseded. 25. To provide for the making of adjustments to any rule, regulation or order (Department of Energy Organization Act, having the effect of a rule, issued under the Pub. L. 95-91; E.O. 12009, 42 FR 46267) statutory authorities vested in and trans

(42 FR 60726, Nov. 29, 1977) ferred to the Secretary pursuant to the DOE Act and which are not delegated by the Secretary to the Federal Energy Regu

PART 1002--OFFICIAL SEAL AND latory Commission, consistent with the

DISTINGUISHING FLAG other purposes of the relevant statutory authority, as may be necessary to prevent spe

Subpart A-General cial hardship, inequity, or unfair distribution of burdens, and to provide by rule for Sec. procedures for any person to seek an inter

1002.1 Purpose. pretation, modification or recission of, ex

1002.2 Definitions. ception to, or exemption from any rule, reg

1002.3 Custody of official seal and distinulation or order having the effect of a rule issued under such statutory authorities,

guishing flag. pursuant to the provisions of Section 504(a) of the DOE Act;

Subpart B-Official Seal 26. To initiate and conduct investigations,

1002.11 Description of official seal. when necessary and incidental to the exer

1002.12 Use of replicas, reproductions, and cise of any authority delegated herein, in re

embossing seals. sponse to complaints or other information; conduct conferences, hearings or public hearings with respect to the functions dele

Subpart C—Distinguishing Flag gated hereby; administer oaths and affirma

1002.21 Description of distinguishing flag. tions to any person, and suspend or disquali

1002.22 Use of distinguishing flag. fy any person appearing at such conference or hearing; issue subpoenas; make payment,

Subpart D-Unauthorized Uses if appropriate, of witness fees and mileage to any witness appearing in response to 1002.31 Unauthorized uses of the seal and such subpoenas; and take such other action

flag. as may be necessary and appropriate to assure and determine the extent of compli

AUTHORITY: 42 U.S.C. 7264. ance with DOE rules and regulations de- SOURCE: 43 FR 20782, May 15, 1978, unless scribed herein and any order having the otherwise noted. effect of a rule issued thereunder;

27. To take such other action as the Secretary or his authorized delegates may, from

Subpart A-General time to time, direct or authorize.

The authority delegated to the Adminis- - 8 1002.1 Purpose. trator of ERA may be further delegated, in whole or in part, as may be appropriate,

The purpose of this part is to deProvided, That the Administrator shall not

scribe the official seal and distinguishfurther delegate, in whole or in part, the au

ing flag of the Department of Energy, thority delegated to him to propose or

and to prescribe rules for their custoadopt rules.

dy and use.

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