PART 376—ORGANIZATION, MISSION, AND FUNCTIONS; OPERATIONS DURING EMERGENCY CONDITIONS Authority: 5 U.S.C. 553; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR 1978 Comp., p. 142. Source: 45 FR 21222, Apr. 1, 1980, unless otherwise noted. Subpart A—Organization, Mission, and Functions § 376.101 Purpose. This subpart sets forth the organization, mission and functions of the Commission, and its offices and divisions. § 376.102 Organization. The Commission is established as an independent regulatory Commission within the DOE by the DOE Act. The Commission is composed of five members appointed by the President, by and with the advice and consent of the Senate. One of the members is designated by the President as the Chairman. To carry out its mission and functions, the Chairman has organized the Commission into a number of major offices, some of which are further organized into divisions and lower units. The organization of the Commission staff structure may be obtained from the Division of Public Information. § 376.103 Mission. The Commission is responsible for developing, managing, and directing energy regulatory programs and activities assigned to it by statute, executive orders, or by the Secretary, DOE. The Chairman serves as the chief executive officer of the Commission and is responsible for the conduct of all Commission executive and administrative functions. In carrying out its mission, the Commission and its employees are not subject to the supervision or direction of any other official of DOE. § 376.104 Functions. The functions of the Commission include: (a) All functions vested in the Commission under the DOE Act; (b) All functions delegated to the Commission by the Secretary of Energy in accordance with the DOE Act; and (c) All functions vested in the Commission by statute. § 376.105 Chairman. (a) Administrative head of agency. (b) Administrative responsibilities. (1) The appointment and employment of Administrative Law Judges in accordance with the provisions of Title 5, United States Code. (2) The selection, appointment, and fixing of the compensation of such personnel as he deems necessary. (3) The supervision of personnel employed by or assigned to the Commission, except that each Commissioner may select and supervise personnel for his personal staff. (4) The distribution of business among personnel and among administrative units of the Commission. (5) The procurement of services of experts and consultants in accordance with section 3109 of Title 5, United States Code. [45 FR 21222, Apr. 1, 1980, as amended by Order 613, 64 FR 73407, Dec. 30, 1999] Subpart B—Commission Operation During Emergency Conditions § 376.201 Emergency condition defined. For purposes of this subpart, emergency conditions: (a) Shall commence: (1) At the time of an armed attack upon the United States, or its territories or possessions; (2) At the time the Commission is officially notified of the likelihood or imminence of such an attack; or (3) At a time specified by the authority of the President; or (4) At such time that the Commission's Continuity of Operations Plan is activated; and (b) Shall continue until the Commission is officially notified of the end of such conditions. [45 FR 21222, Apr. 1, 1980, as amended by Order 680, 71 FR 42595, July 27, 2006] § 376.202 Authority to move Commission offices. The Commission may provide for removal of its headquarters to any location in the United States for the duration of emergency conditions. Consistent with directives of the Chairman, the Commission officer or employee in charge of a regional office of the Commission may move such office to a new location in the United States for the duration of emergency conditions. § 376.203 Mailing address of Commission during emergency conditions. The Chairman may direct that during the continuance of emergency conditions, communications, filings, reports, or other submittals to the Commission shall be addressed to the Federal Energy Regulatory Commission, Official Mail and Messenger Service, United States Postal Service to such or other address as the Commission may designate. § 376.204 Delegation of Commission authority during emergency conditions. (a) Delegation of authority to one or two Commissioners. (b) Delegation of authority to Commission staff. (2) The list referred to in paragraph (b)(1) of this section is: (i) General Counsel; (ii) Executive Director; (iii) Director of the Office of Energy Market Regulation; (iv) Director of the Office of Energy Projects; (v) Director of the Office of Electric Reliability; (vi) Director of the Office of Enforcement; (vii) Director of the Office of Energy Infrastructure Security; (viii) Deputy General Counsels, in order of seniority; (ix) Deputy Directors, Office of Energy Market Regulation, in order of seniority; (x) Deputy Directors, Office of Energy Projects, in order of seniority; (xi) Deputy Directors, Office of Electric Reliability, in order of seniority; (xii) Deputy Directors, Office of Enforcement, in order of seniority; (xiii) Deputy Directors, Office of Energy Infrastructure Security, in order of seniority; (xiv) Associate General Counsels and Solicitor, in order of seniority; (xv) In order of seniority, Assistant Directors and Division heads, Office of Energy Market Regulation; Assistant Directors and Division heads, Office of Energy Projects; Assistant Directors and Division heads, Office of Electric Reliability; Deputy Associate General Counsels; Assistant Directors and Division heads, Office of Enforcement; Assistant Directors and Division heads, Office of Energy Infrastructure Security; (xvi) In order of seniority, Regional Engineers and Branch Chiefs of the Office of Energy Projects' regional offices; and Deputy Division Directors and Group Managers of the Office of Electric Reliability's regional offices. (3) For purposes of paragraph (b)(2)(viii)-(xvi) of this section, order of seniority shall be based on the highest grade and longest period of service in that grade and, furthermore, for purposes of paragraph (b)(2)(xv)-(xvi) of this section, order of seniority shall be without regard to the particular Office or Division or Branch or Group to which the member of staff is assigned. (c) Devolution of authority to Commission staff during emergencies affecting the National Capital Region. (2) Such delegation shall continue until such time as the Chairman is available and capable of acting, one or more Commissioners are available and capable of acting, or persons listed in paragraph (b)(2)(i)-(xvi) of this section who are located in the National Capital Region are available and capable of acting. (d) Reconsideration of staff action taken under delegations. [Order 905, 90 FR 4625, Jan. 16, 2025] § 376.205 Delegation of Chairman's authority during emergency conditions. When, by reason of emergency conditions, the Chairman is not available and capable of acting, his functions are delegated to the Commissioner available and capable of acting and who is designated by the President. Until such time as the President designates, or if no such Commissioner is designated, such functions are delegated to the Commissioner designated by the Chairman as Acting Chairman, but if such Acting Chairman is not available and capable of acting such functions are delegated to the Commissioner who is available and capable of acting and who has the longest tenure as a member of the Commission. If there is no Commissioner available and capable of acting, such functions are delegated to the person on the Commission staff who is available and capable of acting and who is highest on the list set forth in § 376.204(b)(2). § 376.206 Delegation of functions of certain Commission staff members. When, by reason of emergency conditions, the Secretary, Director of any Office or Division, or officer in charge of a regional office, is not available and capable of carrying out his or her functions, such functions are delegated to staff members designated by the Chairman to perform such functions. If no staff member so designated is available and capable of carrying out their functions, such functions are delegated to the next subordinate employee in the Office or Division of the highest grade and longest period of service in that grade. If no subordinate employee of the Office or Division is available and capable of carrying out their functions, such functions are delegated to the Commission employee of the highest grade and longest period of service in that grade who is available and capable of carrying out their functions. [Order 680, 71 FR 42595, July 27, 2006] § 376.207 Personnel and fiscal functions. Subject to modifications or revocation by authority of the Executive Director, during the continuation of emergency conditions authority to effect temporary appointments of such additional officers and employees, to classify and allocate positions to their proper grades, to issue travel orders, and to effect emergency purchases of supplies, equipment and services shall be exercised by the respective Directors of Offices and officials in charge of regional offices, their deputies, or staff in line of succession, as may be required for the discharge of the lawful duties of such organization. [Order 613, 64 FR 73408, Dec. 30, 1999, as amended by Order 699, 72 FR 45328, Aug. 14, 2007] § 376.208 Effect upon existing Commission requirements. All outstanding Commission orders, rules and regulations shall remain in force and effect during the continuance of emergency conditions, except to the extent modified in accordance with authority exercised under this subpart. § 376.209 Continuity of Operations Plan and suspension of Commission operations. (a)(1)(i) Activation of COOP and suspension of Commission operations. (ii) Notification of COOP activation and, following such activation, notification of suspension of Commission operations. http://www.ferc.gov http://www.fercalt.gov (2) Activities continued during COOP. (b) Standards of conduct for transmission service providers. (c) Tolling of time periods for Commission action. (1) 60-day period to act on requests for Exempt Wholesale Generator or Foreign Utility Company status; (2) 90-day period for acting on requests for certification of qualifying facility status; (3) 60-day period for acting on interlocking directorate applications; (4) 60-day period for acting on Public Utility Holding Company Act exemptions and waivers; (5) 180-period for acting on applications under section 203 of the Federal Power Act; (6) 150-day period for acting on intrastate pipeline applications for approval of proposed rates; (7) Period ending 60 days prior to the Electric Reliability Organization's (ERO) fiscal year for acting on the ERO's budget; (8) 60-day period for acting on notifications that a Reliability Standard may conflict with a function, rule, order, tariff, rate schedule or agreement; (9) 60-day period for acting on applications for review of a penalty imposed by the ERO for violation of a Reliability Standard; (10) 45-day protest period for protesting Prior Notice Filings, and the 30-day period for resolving and filing to withdraw such Protests; (11) 30-day period for acting on requests for rehearing; (12) Time periods for action by a presiding officer or the Motions Commissioner, as well as by the Commission, on motions to permit interlocutory appeals, interlocutory appeals and certified questions; and (13) 90-day period for acting on applications requesting relief from, or reinstatement of, an electric utility's mandatory purchase obligation pursuant to section 210(m) of the Public Utility Regulatory Policies Act of 1978. (d) Suspension of certain requirements. (1) Filings to comply with orders or notices, including orders or notices issued by the Commission, a presiding officer, and a Commission decisional employee (including the directors of the Commission's various offices and their delegates); (2) Filings required to be made by a date certain either under the Commission's regulations, or under orders and notices issued by the Commission, a presiding officer, and a Commission decisional employee (including the directors of the Commission's various offices and their delegates); such filings include, e.g., briefs, motions, and answers to motions; (3) Motions to intervene and notices of intervention, or protests; (4) Comments responding to notices of inquiry, proposed rulemakings or technical conferences; (5) Responses to data requests and deficiency letters issued either by the Commission or by a decisional employee pursuant to delegated authority; (6) Self-reports of violations; (7) Responses to staff audit reports; (8) Contacts with the Commission's Enforcement Hotline; (9) Accounting filings required by the Commission's Uniform Systems of Accounts; (10) Forms required to be filed by a date certain; (11) Notices of intent to file new applications and applications for new licenses pursuant to section 15 of the Federal Power Act; (12) Requests for rehearing of orders and letter orders issued either by the Commission or by a decisional employee pursuant to delegated authority; and (13) The Electric Reliability Organization's advising the Commission of the Electric Reliability Organization's intent to issue Level 1 Advisories, Level 2 Recommendations, and Level 3 Essential Actions, and the Electric Reliability Organization's reporting to the Commission on actions taken in response to Level 2 Recommendations and Level 3 Essential Actions. (e) Acceptance and suspension of rate and other filings. (f) Electric Reliability Organization penalties. (g) Consistency of State action with Reliability Standard. (h) Suspension of evidentiary hearings and related conferences and meetings. (i) Enforcement Actions under the Public Utility Regulatory Policies Act of 1978. (j) Chairman's and Commission's authority to modify deadlines and timeframes. (1) The time periods and dates for filings with the Commission, a decisional employee, or a presiding officer; (2) The time periods and dates for reports, submissions and notifications to the Commission, a decisional employee, or a presiding officer; and (3) The time periods and dates for actions by the Commission, a decisional employee, or a presiding officer. [Order 765, 77 FR 43490, July 25, 2012]