[Federal Register Volume 90, Number 201 (Tuesday, October 21, 2025)]
[Rules and Regulations]
[Pages 48397-48408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19607]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 201 / Tuesday, October 21, 2025 /
Rules and Regulations
[[Page 48397]]
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 2, 5, 36, 131, 153, 156, 157, 287, 300, 366, 375, and
385
[Docket No. RM25-14-000; Order No. 914]
Implementation of the Executive Order Entitled ``Zero-Based
Budgeting To Unleash American Energy''
AGENCY: Federal Energy Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Commission is revising its regulations to insert a
conditional sunset date into certain regulations in response to
Executive Order (E.O.) 14270, ``Zero-Based Regulatory Budgeting to
Unleash American Energy.''
DATES: This rule is effective December 5, 2025, unless significant
adverse comments are received by November 20, 2025. If any part of the
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways. Electronic filing through http://www.ferc.gov, is
preferred.
Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Richard Lehfeldt, Office of the General Counsel, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202)
502-6592, [email protected].
Karin Herzfeld, Office of the General Counsel, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202)
502-8459, [email protected].
SUPPLEMENTARY INFORMATION:
1. In this direct final rule, the Federal Energy Regulatory
Commission (Commission) inserts, into the specific regulations
identified herein, a sunsetting provision that establishes a
conditional sunset date that is one year after the effective date of
this rule, and provides an opportunity to comment on the costs and
benefits of the regulations to be conditionally sunset prior to the
sunset date. Following the sunset date, the Commission will consider
sunset regulations to no longer be effective, will not seek to enforce
sunset regulations, and will remove the sunset regulations from the
Code of Federal Regulations and make necessary conforming changes.
Through this action, the Commission responds to Executive Order (E.O.)
14270, ``Zero-Based Regulatory Budgeting to Unleash American Energy,''
and sunsets outdated and unnecessary regulations to eliminate
unwarranted regulatory burdens and better harmonize the Commission's
regulations with its underlying statutory authorities.
I. Rulemaking Procedure
2. The former Administrative Conference of the United States (ACUS)
endorsed use of the direct final rule process as a means for expediting
rulemaking.\1\ A direct final rule is a regulatory document that is
used for non-controversial regulatory amendments. The direct final rule
process allows an agency to issue a rule without having to go through
the review process twice (i.e., at the proposed and final rule stages),
while at the same time offering the public the opportunity to challenge
the agency's view that the rule is non-controversial. As explained
below, and in keeping with E.O. 14270, ``Zero-Based Regulatory
Budgeting to Unleash American Energy,'' this rulemaking would add a
``sunsetting provision'' to 53 outdated, seldomly used, or duplicative
regulations. Therefore, because the Commission does not anticipate
significant public comments on this rulemaking and considers it to be
non-controversial, the Commission is using the ``direct final rule
procedure'' for this rule. The amendments are effective on December 5,
2025. However, if the Commission receives significant adverse comments
on any part of this direct final rule by November 20, 2025, then the
Commission will publish a document that withdraws any such part of this
action and will address the comments received in a subsequent final
rule as a response to the companion proposed rule published in the
Proposed Rules section of this issue of the Federal Register or take
other action as appropriate. Absent significant modifications to the
proposed revisions requiring republication, the Commission will not
initiate a second comment period on this action. Comments received on
this direct final rule will also be considered comments on the
companion proposed rule.
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\1\ See ACUS Recommendation 95-4, Procedures for Non-
controversial and Expedited Rulemaking, 60 FR 43110 (Aug. 18, 1995).
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3. A significant adverse comment is a comment where the commenter
explains why the rule (or part of the rule) would be inappropriate,
including challenges to the rule's underlying premise or approach, or
would be ineffective or unacceptable without a change. A comment is
adverse and significant if:
(1) The comment opposes the rule (or part of the rule) and provides
a reason sufficient to require a substantive response in a notice-and-
comment process. For example, a substantive response is required when:
(a) The comment causes the Commission to reevaluate (or reconsider)
its position or to conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the Commission.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
[[Page 48398]]
(3) The comment causes the Commission to make a change (other than
editorial) to the rule.
4. Each of the amended regulations herein operates independently
and the sunsetting of each regulation is not dependent on the
sunsetting of any other regulation in this direct final rule. Thus, if
any section, subsection, sentence, or other provision of this direct
final rule is withdrawn by the Commission pursuant to the direct final
rule procedure as set forth in this rulemaking, or if any such section,
subsection, sentence, or other provision of this rulemaking is found to
be invalid or unenforceable, such action or determination shall not
affect the validity or enforceability of any other provision of this
direct final rule which can otherwise be enforced. The Commission has
considered the provisions in this direct final rule, both individually
and in their totality, and intends for the remaining sunset provisions
as finalized to remain in full force and legal effect.
II. Background
5. E.O. 14270, ``Zero-Based Regulatory Budgeting to Unleash
American Energy,'' \2\ directs the Commission to issue a rule inserting
a conditional sunset date into each of its regulations that are in
effect as of the date of the E.O. and were issued in whole or in part
pursuant to the following statutes, as amended: the Federal Power Act
of 1935 (FPA), the Natural Gas Act of 1938 (NGA), and the Powerplant
and Industrial Fuel Use Act of 1978 (PIFUA).\3\ The E.O. describes the
conditional sunset date for covered regulations to be one year after
the effective date of the rule. The E.O. directs the Commission to
issue the rule ``to the extent consistent with applicable law'' and
provides that the E.O. does not apply to ``regulatory permitting
regimes authorized by statute.'' This rule identifies regulations ripe
for sunsetting that do not fit into one or more of the following three
categories as covered by the E.O.: (1) regulations that cannot be
sunset ``consistent with applicable law'' because they are necessary to
fulfill the Commission's statutory mandates to ensure reliable, safe,
secure, and economically efficient energy for consumers at a reasonable
cost; (2) regulations that are part of the Commission's ``regulatory
permitting regimes authorized by statute;'' \4\ or (3) regulations that
implement statutes other than the three specific statutes identified in
the E.O.
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\2\ 90 FR 15643 (Apr. 9, 2025).
\3\ E.O. 14270 also directs the Commission, to the maximum
extent consistent with law, to include a conditional sunset date in
new regulations that would be covered by the E.O. Thus, the
Commission will include a conditional sunset date in future
regulations to which the E.O. would apply, consistent with the
approach taken herein.
\4\ For purposes of implementing this E.O., regulations that
provide standards and requirements for Commission license and permit
holders or applicants constitute the Commission's ``regulatory
permitting regime.''
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6. Consistent with the goals of the E.O., this rule also identifies
regulations that fall into one or more of the above three categories,
but similarly are not being used or no longer serve their original
purpose. As explained in section III, ``Discussion,'' of this document,
the Commission will also add a conditional sunset date to those
regulations. A sunset date will allow these unused regulations to roll
off the books. At the same time, if evidence emerges in the interim
indicating a continued need for these regulations, the agency can
extend the sunset date as appropriate. Importantly, the Commission is
also continuing its regulatory reform efforts through rulemaking
activities consistent with other executive orders, including E.O. 14192
(``Unleashing Prosperity Through Deregulation'') and E.O. 14154
(``Unleashing American Energy'').
7. The sunsetting provision will establish a conditional sunset
date that is one year after the effective date of this rule and provide
an opportunity to comment on the costs and benefits of the regulations
to be conditionally sunset prior to the sunset date. Following the
sunset date, the Commission will consider sunset regulations to no
longer be effective, will not seek to enforce sunset regulations, and
will remove the sunset regulations from the Code of Federal Regulations
and make necessary conforming changes. However, following the
opportunity provided by this direct final rule (and its companion
notice of proposed rulemaking) for the public to comment on the costs
and benefits of the regulations referenced below, the Commission may
extend the conditional sunsetting date if warranted.
III. Discussion
8. The Commission will include the sunsetting provision in each of
the following regulations, for the reasons explained below, consistent
with the approach outlined in E.O. 14270 (Section 4, Zero-Based
Regulation).
9. The President has directed the Commission to issue a zero-based
regulating rule. E.O. 14270 states that ``each of the Covered Agencies
shall issue a sunset rule,'' and further specifies the terms of that
rule. The President's direction provides an independent justification
for initiating this rulemaking. We note that E.O. 14270 does not,
however, direct the Commission to rescind or reissue any particular
regulation, nor does it alter the Commission's statutory responsibility
and authority to issue, modify, or repeal regulations, consistent with
its statutory authorities and in furtherance of the Commission's core
mission of ensuring reliable, safe, secure and economically efficient
energy for consumers at a reasonable cost.
10. The Commission has further determined, based on its independent
policy judgment, that the sunset rule adopted herein is appropriate.
Regulatory housekeeping, including streamlining and updating our
regulations, helps ensure that they align with our statutory mandates,
thus alleviating regulatory burdens and allowing regulated industries
to focus more deliberately on the types of high-value projects that
will augment and strengthen the Nation's energy supplies. Additional
justifications for sunsetting each particular regulation are provided
below.
A. 18 CFR 2.15: Specified Reasonable Rate of Return [for Computing
Amortization Reserves for Hydroelectric Project Licenses]
11. The regulation in 18 CFR 2.15 specifies a method for
calculating return on equity for computing amortization reserves for
hydroelectric project licenses that is no longer used and imposes
duplicative requirements on entities that may have to maintain two
versions of calculations to comply with this outdated regulation.
B. 18 CFR 2.18: Phased Electric Rate Increase Filings
12. The regulation in 18 CFR 2.18 is not needed because the
Commission no longer receives phased rate increase filings, and
suspension decisions remain matters within the Commission's discretion
under 18 CFR 2.4(g).
C. 18 CFR 2.21: Regional Transmission Groups
13. The regulation in 18 CFR 2.21 is not needed because Regional
Transmission Organizations and Independent System Operators have
replaced Regional Transmission Groups and therefore the regulation is
outdated.
D. 18 CFR 2.25: Ratemaking Treatment of the Cost of Emissions
Allowances in Coordination Transactions
14. The regulation in 18 CFR 2.25 is not needed given the
transition to market-based rates for most generation
[[Page 48399]]
facilities, and that these costs remain recoverable.
E. 18 CFR 2.26: Policies Concerning Review of Applications Under
Section 203
15. The regulation in 18 CFR 2.26 is not needed because it is
redundant to 18 CFR part 33 and generally less detailed.
F. 18 CFR 2.27: Availability of North American Energy Standards Board
(NAESB) Smart Grid Standards as Non-Mandatory Guidance
16. The regulation in 18 CFR 2.27 is not needed given that these
NAESB smart grid standards are not mandatory.
G. 18 CFR 2.78: Utilization and Conservation of Natural Resources--
Natural Gas
17. The regulation in 18 CFR 2.78 is outdated because this was used
before natural gas pipelines were functionally unbundled.
H. 18 CFR 2.103: Statement of Policy Respecting Take or Pay Provisions
in Gas Purchase Contracts
18. The regulation in 18 CFR 2.103 is outdated because this was
used before natural gas pipelines were functionally unbundled. This
function is now covered by 18 CFR 284.7(e).
I. 18 CFR 2.105: Gas Supply Charges
19. The regulation in 18 CFR 2.105 is outdated because this was
used before natural gas pipelines were unbundled.
J. 18 CFR 5.31: Transition Provision
20. The regulation in 18 CFR 5.31 was only relevant between the
date of the rulemaking in 2003 and the effective date of the rule in
July 2005. Therefore, this regulation is now obsolete.
K. 18 CFR 131.50: Reports of Proposals Received
21. The regulation in 18 CFR 131.50 is not needed because the
regulation's requirement that applicants file certain information is
routinely waived for applicants.
L. 18 CFR 131.52: Certificate of Concurrence
22. The regulation in 18 CFR 131.52 is not needed because the
sample form of certificate is informational rather than a requirement.
In lieu of this regulation, the Commission will post the sample form on
the Commission's website.
M. 18 CFR 156.5(a)(9): Exhibit H--Total Gas Supply Data
23. The regulation in 18 CFR 156.5(a)(9) is obsolete because, now
that natural gas pipelines are functionally unbundled, the Commission
no longer considers this information in connection with an application
for orders under NGA section 7(a).
N. 18 CFR 157.14(a)(11): Exhibit H--Total Gas Supply Data
24. The regulation in 18 CFR 157.14(a)(11) is obsolete because, now
that natural gas pipelines are functionally unbundled, the Commission
no longer considers this information.
O. 18 CFR 157.202(b)(9): Right-of-Way Grantor Defines ``Right of Way
Grantor''
25. This regulation is no longer needed because the term ``right of
way grantor'' is no longer used in the Commission's regulations, other
than in 18 CFR 375.307(a)(8)(x) (Delegations to the Director of the
Office of Energy Market Regulation), and has a commonly understood
meaning.
P. 18 CFR 157.218: Changes in Customer Name. Requires a Certificate
Holder To Submit Any Customer Name Changes Each Year in Its Annual
Report
26. The regulation in 18 CFR 157.218 is not needed because it is
redundant, as this information is already required to be included under
18 CFR 154.111 (Index of customer).
Q. 18 CFR 287.101: Rules Generally Applicable to Powerplant and
Industrial Fuel Use
27. The regulation in 18 CFR 287.101 is no longer needed because
most of the PIFUA, under which this regulation was issued, was repealed
in 1987.
R. 18 CFR 375.104 (Transfer of Proceedings From Other Agencies to the
Commission) and 18 CFR 375.105 (Filings)
28. The regulations in 18 CFR 375.104 and 375.105 are no longer
needed because they are transition regulations promulgated after the
passage of the 1977 Department of Energy Organization Act, which
created both the Commission and the U.S. Department of Energy. Since
that transition has been completed, these regulations are no longer
needed.
S. 18 CFR 385.101(b)(3): Rule 101 Exceptions
29. This regulation states that, if any provision of this part is
inconsistent with any provision of 49 CFR chapter X that is not
otherwise replaced by this part or Commission rule or order, the
provision of this part is inapplicable and the provision of 49 CFR
chapter X governs to the extent of the inconsistency. The regulation in
18 CFR 385.101(b)(3) is no longer needed because the Commission has
promulgated its own oil pipeline regulations and does not rely on ``49
CFR chapter X'' anymore.
T. 18 CFR 385.504(b)(19): Duties and Powers of Presiding Officers (Rule
504), Powers--Rule on Motions for Reconsideration of an Initial
Decision as Provided in Rule 717
30. The regulation in 18 CFR 385.504(b)(19) is no longer needed
because it empowers presiding judges to rule on motions for
reconsideration of an initial decision under Rule 717, but Rule 717 has
since been removed.
U. 18 CFR 385.602(c)(1)(ii): Submission of Settlement Offers (Rule
602), Contents of Offer
31. The regulation in 18 CFR 385.602(c)(1)(ii) is no longer needed.
The regulation requires offers of settlement to include explanatory
statements, which is largely duplicative of the settlement agreement
itself and thus has limited utility for the settlement review process.
V. 18 CFR 385.902(b) and (c): Interim Remedial Order for Immediate
Compliance, Order of Disallowance
32. The regulations in 18 CFR 385.902(b) and (c) are no longer
needed because they reference orders that were issued pursuant to two
regulations that have since been repealed.
W. 18 CFR 385.904(b): Commencement of Proceeding (Rule 904)
33. The regulation in 18 CFR 385.904(b) is no longer needed because
it references interim remedial orders, issued pursuant to 10 CFR
205.199D. That regulation has been removed; orders of this type are
therefore no longer issued.
X. 18 CFR 385.915: Off-the-Record Communications (Rule 915)
34. The regulation in 18 CFR 385.915 is no longer needed. This rule
governs off-the-record communications, and it states that separate Rule
2201 (Rules governing off-the-record communications) applies to certain
types of proceedings. This regulation is duplicative and unnecessary
because Rule 2201 already states that it applies to ``all contested on-
the-record proceedings'' at the Commission.
Y. 18 CFR 385.1012: Off-the-Record Communications (Rule 1012)
35. The rule in 18 CFR 385.1012 is not needed. This rule states
that Rule 2201 applies to Commission review of adjustment request
denials. Because Rule 2201 already states that it applies
[[Page 48400]]
to ``all contested on-the-record proceedings'' at the Commission, this
additional rule is redundant and unnecessary.
Z. Sunsetting Obsolete Filing Requirements
36. As part of its effort under the E.O., the Commission reviewed
its regulations to identify obsolete procedural and filing
requirements, such as ``form of notice'' or required paper filings, all
of which are no longer in general use at the Commission. Pursuant to
that review, the Commission inserts a conditional sunset date into the
following ten regulations:
i. 18 CFR 36.1(b)(1): Notice provisions applicable to applications
for transmission services under section 211 of the Federal Power Act.
ii. 18 CFR 153.20(c): Where to file paper copies of export/import
applications.
iii. 18 CFR 157.6(a)(2): Requires providing a paper copy of maps
and diagrams.
iv. 18 CFR 157.6(b)(7): Requires applicants to provide a form of
notice for the Federal Register.
v. 18 CFR 157.205(b)(5): A form of notice of the application
suitable for publication in the Federal Register in accordance with the
specifications in Sec. 385.203(d).
vi. 18 CFR 300.10(a)(1): Application for confirmation and approval
of the Rates of Federal Power Marketing Administrations.
37. The phrases ``a form of notice suitable for publication in the
Federal Register in accordance with the specifications in Sec.
385.203(d) of this chapter,'' and ``The form of notice shall be on
electronic media as specified by the Secretary.'' are no longer needed.
vii. 18 CFR 366.4(b)(1), (3) and (c)(1), (2): FERC-65A, exemption
notification, and FERC-65B, waiver notification.
38. The following subsections of 18 CFR 366.4(b) and (c) are no
longer needed: (a) 366.4(b)(1)--notice requirements for ``persons who
file FERC-65A''; (b) 366.4(b)(3)--notice requirements for ``persons
that file a petition''; (c) 366.4(c)(1)--notice requirements for
``persons who file FERC-65B''; and (d) 366.4(c)(2)--notice requirements
for ``persons that file a petition.''
viii. 18 CFR 366.7(a), (b): Procedures for obtaining exempt
wholesale generator and foreign utility company status.
39. The following subsections of 18 CFR 366.7(a) and (b) are no
longer needed: (a) 366.7(a)--form of notice required for ``Persons that
file a notice of self-certification''; and (b) 366.7(b)--form of notice
required for ``Persons that file petitions.''
ix. 18 CFR 385.203(d): Content of pleadings and tariff or rate
filings (Rule 203), Form of notice.
x. 18 CFR 385.206(b)(10): Complaints (Rule 206), Form of notice.
AA. Subpart K--Petitions for Adjustments Under the Natural Gas Policy
Act (NGPA)
40. The 17 rules that comprise subpart K (18 CFR 385.1101 through
385.1117) relate in their entirety to the adjustment provisions of the
NGPA (i.e., sections 101 through 110 of the NGPA), all of which have
been repealed. Accordingly, each of these regulations is obsolete.
i. 18 CFR 385.1101 Applicability (Rule 1101).
ii. 18 CFR 385.1102 Definitions (Rule 1102).
iii. 18 CFR 385.1103 Commencement of proceeding (Rule 1103).
iv. 18 CFR 385.1104 Initial petition (Rule 1104).
v. 18 CFR 385.1105 Intervention (Rule 1105).
vi. 18 CFR 385.1106 Other filings (Rule 1106).
vii. 18 CFR 385.1107 Evaluations (Rule 1107).
viii. 18 CFR 385.1108 Criteria (Rule 1108).
ix. 18 CFR 385.1109 Orders (Rule 1109).
x. 18 CFR 385.1110 Review of initial decision and order for
adjustment (Rule 1110).
xi. 18 CFR 385.1111 Conferences (Rule 1111).
xii. 18 CFR 385.1112 Requests for confidential treatment (Rule
1112).
xiii. 18 CFR 385.1113 Interim relief (Rule 1113).
xiv. 18 CFR 385.1114 Motions (Rule 1114).
xv. 18 CFR 385.1115 Procedural rulings (Rule 1115).
xvi. 18 CFR 385.1116 Appeals (Rule 1116).
xvii. 18 CFR 385.1117 Petition for adjustment treated as request
for interpretation (Rule 1117).
IV. Information Collection Statement
41. Information collection requirements are subject to review by
the Office of Management and Budget (OMB) under section 3507(d) of the
Paperwork Reduction Act of 1995. OMB's regulations require approval of
certain information collection requirements imposed by agency rules.
Upon approval of a collection of information, OMB will assign an OMB
control number and expiration date. Respondents subject to the filing
requirements will not be penalized for failing to respond to these
collections of information unless the collections of information
display a valid OMB control number.
42. This direct final rule does not implement any changes to the
identified collections. In the event of any resultant regulatory
changes that affect information collections, the Commission will
implement changes to the collections through regular information
collection processes, which include public comment opportunities.
V. Environmental Analysis
43. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\5\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\6\ The actions herein fall
within this categorical exclusion in the Commission's regulations. To
the extent that the amendments to any of the regulations herein (or
future rescissions of the regulations) are not procedural in nature,
the amendments may fall within other categorical exclusions in the
Commission's regulations.\7\ Therefore, no Environmental Assessment or
Environmental Impact Statement is required in connection with this
rule.
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\5\ Reguls. Implementing the Nat'l Env't Pol'y Act, Order No.
486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. ] 30,783
(1987) (cross-referenced at 41 FERC ] 61,284).
\6\ 18 CFR 380.4(a)(2)(ii).
\7\ See 18 CFR 380.4(a).
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VI. Regulatory Flexibility Act
44. The Regulatory Flexibility Act of 1980 (RFA) \8\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The Commission is not required to perform this sort of analysis if the
activities within the final rule would not have such an effect. This
rulemaking would add a ``sunsetting provision'' to certain regulations,
many of which are outdated seldomly used, or duplicative with other
regulations, and therefore the impact is minimal.
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\8\ 5 U.S.C. 601-612.
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45. Accordingly, pursuant to section 605(b) of the RFA,\9\ the
Commission certifies that the regulations herein should not have a
significant economic
[[Page 48401]]
impact on a substantial number of small entities.
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\9\ 5 U.S.C. 605(b).
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VII. Regulatory Planning and Review
46. E.O. 12866 (Regulatory Planning and Review), as amended by E.O.
14215 (Ensuring Accountability for All Agencies) and affirmed by
E.O.13563 (Improving Regulation and Regulatory Review), directs
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). E.O. 13563 emphasizes the importance of quantifying costs
and benefits, reducing costs, harmonizing rules, and promoting
flexibility. The Office of Information and Regulatory Affairs (OIRA)
has determined this regulatory action is a ``significant regulatory
action,'' under section 3(f) of E.O. 12866, as amended, though not
economically significant under section 3(f)(1). Accordingly, OIRA has
reviewed this regulatory action for compliance with the analytical
requirements of E.O. 12866. In general, this regulatory action is
intended to simplify and improve stakeholders' interactions with the
Commission by eliminating outdated, redundant, or unnecessarily
burdensome requirements in the Commission's existing regulations. In
addition, this final rule is considered a deregulatory action under
E.O. 14192 (Unleashing Prosperity Through Deregulation).
VIII. Document Availability
47. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov).
48. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
49. User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
[email protected].
IX. Effective Date and Congressional Notification
50. These regulations are effective December 5, 2025. The
Commission has determined, with the concurrence of the Administrator of
OIRA, that this rule does not meet the criteria at 5 U.S.C. 804(2).
List of Subjects
18 CFR Part 2
Electric utilities, Natural gas, Pipelines, Reporting and
recordkeeping requirements.
18 CFR Part 5
Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.
18 CFR Part 36
Administrative practice and procedure, Electric power.
18 CFR Part 131
Electric power.
18 CFR Part 153
Exports, Imports, Natural gas, Reporting and recordkeeping
requirements.
18 CFR Part 156
Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 157
Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 287
Electric power plants, Energy conservation.
18 CFR Part 300
Administrative practice and procedure, Electric power rates,
Reporting and recordkeeping requirements.
18 CFR Part 366
Electric power, Natural gas, Reporting and recordkeeping
requirements, Utilities, Water supply.
18 CFR Part 375
Authority delegations (Government agencies), Seals and insignia,
Sunshine Act.
18 CFR Part 385
Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.
By the Commission.
Issued: October 1, 2025.
Debbie-Anne A. Reese,
Secretary.
In consideration of the foregoing, the Commission amends parts 2,
5, 36, 131, 153, 156, 157, 287, 300, 366, 375, and 385, chapter I,
title 18, Code of Federal Regulations, as follows:
PART 2--GENERAL POLICY AND INTERPRETATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 5 U.S.C. 601; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 792-828c, 2601-2645; 42 U.S.C. 4321-4370h, 7101-7352.
0
2. In Sec. 2.15, add paragraph (f) to read as follows:
Sec. 2.15 Specified reasonable rate of return.
* * * * *
(f) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
3. In Sec. 2.18, add paragraph (c) to read as follows:
Sec. 2.18 Phased electric rate increase filings.
* * * * *
(c) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
4. In Sec. 2.21, add paragraph (e) to read as follows:
Sec. 2.21 Regional Transmission Groups.
* * * * *
(e) Sunsetting provisions. This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this section and considering that input.
The
[[Page 48402]]
Commission will publish a document in the Federal Register announcing
its determination and revising or removing this section accordingly.
0
5. In Sec. 2.25, add paragraph (g) to read as follows:
Sec. 2.25 Ratemaking treatment of the cost of emissions allowances in
coordination transactions.
* * * * *
(g) Sunsetting provisions. This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this section and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this section
accordingly.
0
6. In Sec. 2.26, add paragraph (g) to read as follows:
Sec. 2.26 Policies concerning review of applications under section
203.
* * * * *
(g) Sunsetting provisions. This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this section and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this section
accordingly.
0
7. In Sec. 2.27, add paragraph (g) to read as follows:
Sec. 2.27 Availability of North American Energy Standards Board
(NAESB) Smart Grid Standards as non-mandatory guidance.
* * * * *
(g) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
8. In Sec. 2.78:
0
a. Add paragraph (d); and
0
b. Remove the parenthetical authority citation at the end of the
section.
The addition reads as follows:
Sec. 2.78 Utilization and conservation of natural resources--natural
gas.
* * * * *
(d) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
9. In Sec. 2.103:
0
a. Add paragraph (c); and
0
b. Remove the parenthetical authority citation at the end of the
section.
The addition reads as follows:
Sec. 2.103 Statement of policy respecting take or pay provisions in
gas purchase contracts.
* * * * *
(c) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
10. In Sec. 2.105, add paragraph (e) to read as follows:
Sec. 2.105 Gas supply charges.
* * * * *
(e) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 5--INTEGRATED LICENSE APPLICATION PROCESS
0
11. The authority citation for part 5 continues to read as follows:
Authority: 16 U.S.C. 792-828c, 2601-2645; 42 U.S.C. 7101-7352.
0
12. In Sec. 5.31, add two sentences at the end of the paragraph to
read as follows:
Sec. 5.31 Transition provision.
* * * This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
PART 36--RULES CONCERNING APPLICATIONS FOR TRANSMISSION SERVICES
UNDER SECTION 211 OF THE FEDERAL POWER ACT
0
13. The authority citation for part 36 continues to read as follows:
Authority: 5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 31 U.S.C.
9701; 42 U.S.C. 7107-7352.
0
14. In Sec. 36.1, add two sentences at the end of paragraph (b)(1) to
read as follows:
Sec. 36.1 Notice provisions applicable to applications for
transmission services under section 211 of the Federal Power Act.
* * * * *
(b) * * *
(1) * * * This paragraph (b)(1) shall cease to have effect on
December 5, 2026, unless the Commission determines that the cessation
deadline should be extended to a date not more than 5 years in the
future after offering the public an opportunity to provide input on the
costs and benefits of this paragraph (b)(1) and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this paragraph
(b)(1) accordingly.
* * * * *
PART 131--FORMS
0
15. The authority citation for part 131 continues to read as follows:
Authority: 16 U.S.C. 792-828c, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
0
16. In Sec. 131.50, add paragraph (m) to read as follows:
Sec. 131.50 Reports of proposals received.
* * * * *
(m) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and
[[Page 48403]]
considering that input. The Commission will publish a document in the
Federal Register announcing its determination and revising or removing
this section accordingly.
0
17. In Sec. 131.52, add a note at the end of the section to read as
follows:
Sec. 131.52 Certificate of concurrence.
* * * * *
Note 1 to Sec. 131.52: This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5
years in the future after offering the public an opportunity to
provide input on the costs and benefits of this section and
considering that input. The Commission will publish a document in
the Federal Register announcing its determination and revising or
removing this section accordingly.
PART 153--APPLICATIONS FOR AUTHORIZATION TO CONSTRUCT, OPERATE, OR
MODIFY FACILITIES USED FOR THE EXPORT OR IMPORT OF NATURAL GAS
0
18. The authority citation for part 153 continues to read as follows:
Authority: 15 U.S.C. 717b, 717o; E.O. 10485, 3 CFR, 1949-1953
Comp., p. 970, as amended by E.O. 12038, 3 CFR, 1978 Comp., p. 136;
DOE Delegation Order No. S1-DEL-FERC-2006 (May 16, 2006).
0
19. In Sec. 153.20, add two sentences at the end of paragraph (c) to
read as follows:
Sec. 153.20 General rule.
* * * * *
(c) * * * This paragraph (c) shall cease to have effect on December
5, 2026, unless the Commission determines that the cessation deadline
should be extended to a date not more than 5 years in the future after
offering the public an opportunity to provide input on the costs and
benefits of this paragraph (c) and considering that input. The
Commission will publish a document in the Federal Register announcing
its determination and revising or removing this paragraph (c)
accordingly.
PART 156--APPLICATIONS FOR ORDERS UNDER SECTION 7(a) OF THE NATURAL
GAS ACT
0
20. The authority citation for part 156 continues to read as follows:
Authority: 52 Stat. 824, 829, 830; 56 Stat. 83, 84; 15 U.S.C.
717f, 717f(a), 717n, 717o.
0
21. In Sec. 156.5, add paragraph (a)(9)(vii) to read as follows:
Sec. 156.5 Exhibits.
(a) * * *
(9) * * *
(vii) This paragraph (a)(9) shall cease to have effect on December
5, 2026, unless the Commission determines that the cessation deadline
should be extended to a date not more than 5 years in the future after
offering the public an opportunity to provide input on the costs and
benefits of this paragraph (a)(9) and considering that input. The
Commission will publish a document in the Federal Register announcing
its determination and revising or removing this paragraph (a)(9)
accordingly.
* * * * *
PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT
0
22. The authority citation for part 157 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.
0
23. In Sec. 157.6:
0
a. Add two sentences at the end of paragraph (a)(2); and
0
b. Add two sentences at the end of paragraph (b)(7).
The additions read as follows:
Sec. 157.6 Applications; general requirements.
(a) * * *
(2) * * * This paragraph (a)(2) shall cease to have effect on
December 5, 2026, unless the Commission determines that the cessation
deadline should be extended to a date not more than 5 years in the
future after offering the public an opportunity to provide input on the
costs and benefits of this paragraph (a)(2) and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this paragraph
(a)(2) accordingly.
* * * * *
(b) * * *
(7) * * * This paragraph (b)(7) shall cease to have effect on
December 5, 2026, unless the Commission determines that the cessation
deadline should be extended to a date not more than 5 years in the
future after offering the public an opportunity to provide input on the
costs and benefits of this paragraph (b)(7) and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this paragraph
(b)(7) accordingly.
* * * * *
0
24. In Sec. 157.14:
0
a. Add paragraph (a)(11)(iii); and
0
b. Remove the parenthetical authority citation at the end of the
section.
The addition reads as follows:
Sec. 157.14 Exhibits.
(a) * * *
(11) * * *
(iii) This paragraph (a)(11) shall cease to have effect on December
5, 2026, unless the Commission determines that the cessation deadline
should be extended to a date not more than 5 years in the future after
offering the public an opportunity to provide input on the costs and
benefits of this paragraph (a)(11) and considering that input. The
Commission will publish a document in the Federal Register announcing
its determination and revising or removing this paragraph (a)(11)
accordingly.
* * * * *
0
25. In Sec. 157.202:
0
a. Remove the semicolon at the end of paragraphs (b)(2)(ii)(C), (F),
and (G) and add a period in its place;
0
b. Add paragraph (b)(2)(ii)(H); and
0
c. Revise paragraph (b)(9).
The addition and revision read as follows:
Sec. 157.202 Definitions.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(H) This paragraph (b)(2)(ii) shall cease to have effect on
December 5, 2026, unless the Commission determines that the cessation
deadline should be extended to a date not more than 5 years in the
future after offering the public an opportunity to provide input on the
costs and benefits of this paragraph (b)(2)(ii) and considering that
input. The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this paragraph
(b)(2)(ii) accordingly.
* * * * *
(9) Right-of-way grantor means:
(i) A person who grants a right-of-way easement to the certificate
holder; or
(ii) Any successor to an interest which is subject to the easement.
(iii) This paragraph (b)(9) shall cease to have effect on December
5, 2026, unless the Commission determines that the cessation deadline
should be extended to a date not more than 5 years in the future after
offering the public an opportunity to provide input on the costs and
benefits of this paragraph (b)(9) and considering that input. The
Commission will publish a document in the Federal Register announcing
its
[[Page 48404]]
determination and revising or removing this paragraph (b)(9)
accordingly.
* * * * *
0
26. In Sec. 157.205, revise paragraph (b)(5) to read as follows:
Sec. 157.205 Notice procedure.
* * * * *
(b) * * *
(5) A form of notice of the application suitable for publication in
the Federal Register in accordance with the specifications in Sec.
385.203(d) of this chapter. This paragraph (b)(5) shall cease to have
effect on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this paragraph (b)(5) and considering that
input. The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this paragraph
(b)(5) accordingly; and
* * * * *
0
27. In Sec. 157.218, add paragraph (c) to read as follows:
Sec. 157.218 Changes in Customer Name.
* * * * *
(c) Sunsetting provisions. This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this section and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this section
accordingly.
PART 287--RULES GENERALLY APPLICABLE TO POWERPLANT AND INDUSTRIAL
FUEL USE
0
28. The authority citation for part 287 continues to read as follows:
Authority: Department of Energy Organization Act, 42 U.S.C. 7107
et seq.; Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 95-
620.
0
29. In Sec. 287.101, add paragraph (e) to read as follows:
Sec. 287.101 Determination of powerplant design capacity.
* * * * *
(e) Sunsetting provisions. This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this section and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this section
accordingly.
PART 300--CONFIRMATION AND APPROVAL OF THE RATES OF FEDERAL POWER
MARKETING ADMINISTRATIONS
0
30. The authority citation for part 300 continues to read as follows:
Authority: 16 U.S.C. 825s, 832-8321, 838-838k, 839-839h; 42
U.S.C. 7101-7352; 43 U.S.C. 485-485k.
0
31. In Sec. 300.10, revise paragraph (a)(1) to read as follows:
Sec. 300.10 Application for confirmation and approval.
(a) * * *
(1) Contents of filing. Any application under this subpart for
confirmation and approval of rate schedules must include, as described
in this section:
(i)(A) A letter of request for rate approval;
(B) A form of notice suitable for publication in the Federal
Register in accordance with the specifications in Sec. 385.203(d) of
this chapter;
(C) The rate schedule;
(D) A statement of revenue and related costs;
(E) The order, if any, placing the rates into effect on an interim
basis;
(F) The Administrator's Record of Decision or explanation of the
rate development process;
(G) Supporting documents;
(H) A certification; and
(I) Technical supporting information and analysis.
(ii) The form of notice shall be on electronic media as specified
by the Secretary.
(iii) Paragraphs (a)(1)(i)(B) and (a)(1)(ii) of this section shall
cease to have effect on December 5, 2026, unless the Commission
determines that the cessation deadline should be extended to a date not
more than 5 years in the future after offering the public an
opportunity to provide input on the costs and benefits of paragraphs
(a)(1)(i)(B) and (a)(1)(ii) and considering that input. The Commission
will publish a document in the Federal Register announcing its
determination and revising or removing paragraphs (a)(1)(i)(B) and
(a)(1)(ii) accordingly.
* * * * *
PART 366--BOOKS AND RECORDS
0
32. The authority citation for part 366 continues to read as follows:
Authority: 15 U.S.C. 717 et seq., 16 U.S.C. 791a et seq., and 42
U.S.C. 16451-16463.
0
33. In Sec. 366.4, revise paragraphs (b)(1) and (3) and (c) to read as
follows:
Sec. 366.4 FERC-65, notification of holding company status, FERC-65A,
exemption notification, and FERC-65B, waiver notification.
* * * * *
(b) * * *
(1)(i) Persons who, pursuant to Sec. 366.3(b)(2), seek exemption
from the requirements of Sec. 366.2 and the accounting, record-
retention, and reporting requirements of Sec. Sec. 366.21, 366.22, and
366.23, may seek such exemption by filing FERC-65A (exemption
notification); FERC-65A must be subscribed, consistent with Sec.
385.2005(a) of this chapter, but need not be verified. These filings
will be noticed in the Federal Register.
(ii) Persons who file FERC-65A must include a form of notice
suitable for publication in the Federal Register in accordance with the
specifications in Sec. 385.203(d) of this chapter.
(iii) Persons who file FERC-65A in good faith shall be deemed to
have a temporary exemption upon filing.
(iv) If the Commission has taken no action within 60 days after the
date of filing FERC-65A, the exemption shall be deemed to have been
granted. The Commission may toll the 60-day period to request
additional information or for further consideration of the request; in
such case, the temporary exemption will remain in effect until such
time as the Commission has determined whether to grant or deny the
exemption. Authority to toll the 60-day period is delegated to the
Secretary or the Secretary's designee.
(v) Paragraph (b)(1)(ii) of this section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of paragraph (b)(1)(ii) and considering that
input. The Commission will publish a document in the Federal Register
announcing its determination and revising or removing paragraph
(b)(1)(ii) accordingly.
* * * * *
(3)(i) Persons that do not qualify for exemption pursuant to Sec.
366.3(b)(2) may seek an individual exemption from this subchapter. They
may not do so by means of filing FERC-65A and instead must file a
petition for declaratory order as required under Sec. 366.3(d). Such
petitions will be noticed in the Federal Register.
[[Page 48405]]
(ii) Persons that file a petition must include a form of notice
suitable for publication in the Federal Register in accordance with the
specifications in Sec. 385.203(d) of this chapter.
(iii) No temporary exemption will attach upon filing and the
requested exemption will be effective only if approved by the
Commission.
(iv) Persons may also seek exemptions for classes of transactions
by filing a petition for declaratory order pursuant to Sec. 385.207(a)
of this chapter justifying the request for exemption. Any person
seeking such an exemption shall bear the burden of demonstrating that
such exemption is warranted.
(v) Paragraph (b)(3)(ii) of this section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of paragraph (b)(3)(ii) and considering that
input. The Commission will publish a document in the Federal Register
announcing its determination and revising or removing paragraph
(b)(3)(ii) accordingly.
(c) FERC-65B (waiver notification) and petitions for waiver. (1)(i)
Persons who, pursuant to Sec. 366.3(c), seek waiver of the accounting,
record-retention, and reporting requirements of Sec. Sec. 366.21,
366.22, and 366.23, may seek such waiver by filing FERC-65B (waiver
notification); FERC-65B must be subscribed, consistent with Sec.
385.2005(a) of this chapter, but need not be verified. FERC-65B will be
noticed in the Federal Register.
(ii) Persons who file FERC-65B must include a form of notice
suitable for publication in the Federal Register in accordance with the
specifications in Sec. 385.203(d) of this chapter.
(iii) Persons who file FERC-65B in good faith shall be deemed to
have a temporary exemption upon filing.
(iv) If the Commission has taken no action within 60 days after the
date of filing of FERC-65B, the waiver shall be deemed to have been
granted. The Commission may toll the 60-day period to request
additional information or for further consideration of the request; in
such case, the temporary waiver will remain in effect until such time
as the Commission has determined whether to grant or deny the waiver.
Authority to toll the 60-day period is delegated to the Secretary or
the Secretary's designee.
(v) Paragraph (c)(1)(ii) of this section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of paragraph (c)(1)(ii) and considering that
input. The Commission will publish a document in the Federal Register
announcing its determination and revising or removing paragraph
(c)(1)(ii) accordingly.
(2)(i) Persons that do not qualify for waiver pursuant to Sec.
366.3(c) may seek an individual waiver from this subchapter. They may
not do so by means of filing FERC-65B and instead must file a petition
for declaratory order as required under Sec. 366.3(d). Such petitions
will be noticed in the Federal Register.
(ii) Persons that file a petition must include a form of notice
suitable for publication in the Federal Register in accordance with the
specifications in Sec. 385.203(d) of this chapter.
(iii) No temporary waiver will attach upon filing and the requested
exemption will be effective only if approved by the Commission.
(iv) Persons may also seek waivers for classes of transactions by
filing a petition for declaratory order pursuant to Sec. 385.207(a) of
this chapter justifying the request for waiver. Any person seeking such
waiver shall bear the burden of demonstrating that such waiver is
warranted.
(v) Paragraph (c)(2)(ii) of this section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of paragraph (c)(2)(ii) and considering that
input. The Commission will publish a document in the Federal Register
announcing its determination and revising or removing paragraph
(c)(2)(ii) accordingly.
* * * * *
0
34. In Sec. 366.7, revise paragraphs (a) and (b) to read as follows:
Sec. 366.7 Procedures for obtaining exempt wholesale generator and
foreign utility company status.
(a) Self-certification notice procedure. (1) An exempt wholesale
generator or a foreign utility company, or its representative, may file
with the Commission a notice of self-certification demonstrating that
it satisfies the definition of exempt wholesale generator or foreign
utility company (including stating the location of its generation);
such notices of self-certification must be subscribed, consistent with
Sec. 385.2005(a) of this chapter, but need not be verified. In the
case of exempt wholesale generators, the person filing a notice of
self-certification under this section must also file a copy of the
notice of self-certification with the state regulatory authority of the
state in which the facility is located, and that person must also
represent to this Commission in its submittal with this Commission that
it has filed a copy of the notice of self-certification with the state
regulatory authority of the state in which the facility is located.
Notice of the filing of a notice of self-certification will be
published in the Federal Register.
(2) Persons that file a notice of self-certification must include a
form of notice suitable for publication in the Federal Register in
accordance with the specifications in Sec. 385.203(d) of this chapter.
(3) A person filing a notice of self-certification in good faith
will be deemed to have temporary exempt wholesale generator or foreign
utility company status.
(4) If the Commission takes no action within 60 days from the date
of filing of the notice of self-certification, the self-certification
shall be deemed to have been granted; however, consistent with section
32(c) of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79z-
5a (c)) any self-certification of an exempt wholesale generator may not
become effective until the relevant state commissions have made the
determinations provided for therein if such determinations are
necessary (if such determinations are not necessary, the notice of
self-certification should state so). The Commission may toll the 60-day
period to request additional information, or for further consideration
of the request; in such cases, the person's exempt wholesale generator
or foreign utility company status will remain temporary until such time
as the Commission has determined whether to grant or deny exempt
wholesale generator or foreign utility company status; however,
consistent with section 32(c) of the Public Utility Holding Company Act
of 1935 (15 U.S.C. 79z-5a (c)), any self-certification of an exempt
wholesale generator may not become effective until the relevant state
commissions have made the determinations provided for therein if such
determinations are necessary (if such determinations are not necessary,
the notice of self-certification should state so). Authority to toll
the 60-day period is delegated to the Secretary or the Secretary's
designee, and authority to act on uncontested notices of self-
certification is delegated to the General Counsel or the General
Counsel's designee.
[[Page 48406]]
(5) Paragraph (a)(2) of this section shall cease to have effect on
December 5, 2026, unless the Commission determines that the cessation
deadline should be extended to a date not more than 5 years in the
future after offering the public an opportunity to provide input on the
costs and benefits of paragraph (a)(2) and considering that input. The
Commission will publish a document in the Federal Register announcing
its determination and revising or removing paragraph (a)(2)
accordingly.
(b) Optional procedure for Commission determination of exempt
wholesale generator status or foreign utility company status. (1) A
person may file for a Commission determination of exempt wholesale
generator status or foreign utility company status under Sec. 366.1 by
filing a petition for declaratory order pursuant to Sec. 385.207(a) of
this chapter, justifying the request for such status; however,
consistent with section 32(c) of the Public Utility Holding Company Act
of 1935 (15 U.S.C. 79z-5a (c)), a Commission determination of exempt
wholesale generator status may not become effective until the relevant
state commissions have made the determinations provided for therein if
such determinations are necessary. (If such determinations are not
necessary, the petition for declaratory order should state so.)
(2) Persons that file petitions must include a form of notice
suitable for publication in the Federal Register in accordance with the
specifications in Sec. 385.203(d) of this chapter.
(3) Paragraph (b)(2) of this section shall cease to have effect on
December 5, 2026, unless the Commission determines that the cessation
deadline should be extended to a date not more than 5 years in the
future after offering the public an opportunity to provide input on the
costs and benefits of paragraph (b)(2) and considering that input. The
Commission will publish a document in the Federal Register announcing
its determination and revising or removing paragraph (b)(2)
accordingly.
* * * * *
PART 375--THE COMMISSION
0
35. The authority citation for part 375 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.
0
36. In Sec. 375.104:
0
a. Remove the last sentence of paragraph (a);
0
b. Add paragraph (c); and
0
b. Remove the appendix to the section and the parenthetical authority
following the appendix.
The addition reads as follows:
Sec. 375.104 Transfer of proceedings from other agencies to the
Commission.
* * * * *
(c) Sunsetting provisions. This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this section and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this section
accordingly.
0
37. In Sec. 375.105, add paragraph (d) to read as follows:
Sec. 375.105 Filings.
* * * * *
(d) Sunsetting provisions. This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this section and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this section
accordingly.
PART 385--RULES OF PRACTICE AND PROCEDURE
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38. The authority citation for part 385 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42
U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note
(2015).
0
39. In Sec. 385.101, add two sentences at the end of paragraph (b)(3)
to read as follows:
Sec. 385.101 Applicability (Rule 101).
* * * * *
(b) * * *
(3) * * * This paragraph (b)(3) shall cease to have effect on
December 5, 2026, unless the Commission determines that the cessation
deadline should be extended to a date not more than 5 years in the
future after offering the public an opportunity to provide input on the
costs and benefits of this paragraph (b)(3) and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this paragraph
(b)(3) accordingly.
* * * * *
0
40. In Sec. 385.203, add two sentences at the end of paragraph (d) to
read as follows:
Sec. 385.203 Content of pleadings and tariff or rate filings (Rule
203).
* * * * *
(d) * * * This paragraph (d) shall cease to have effect on December
5, 2026, unless the Commission determines that the cessation deadline
should be extended to a date not more than 5 years in the future after
offering the public an opportunity to provide input on the costs and
benefits of this paragraph (d) and considering that input. The
Commission will publish a document in the Federal Register announcing
its determination and revising or removing this paragraph (d)
accordingly.
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41. In Sec. 385.206, add two sentences at the end of paragraph (b)(10)
to read as follows:
Sec. 385.206 Complaints (Rule 206).
* * * * *
(b) * * *
(10) * * * This paragraph (b)(10) shall cease to have effect on
December 5, 2026, unless the Commission determines that the cessation
deadline should be extended to a date not more than 5 years in the
future after offering the public an opportunity to provide input on the
costs and benefits of this paragraph (b)(10) and considering that
input. The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this paragraph
(b)(10) accordingly.
* * * * *
Sec. 385.504 [Amended]
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42. In Sec. 385.504, remove and reserve paragraph (b)(19).
0
43. In Sec. 385.602, revise paragraph (c)(1)(ii) to read as follows:
Sec. 385.602 Submission of settlement offers (Rule 602).
* * * * *
(c) * * *
(1) * * *
(ii) A separate explanatory statement. This paragraph (c)(1)(ii)
shall cease to have effect on December 5, 2026, unless the Commission
determines that the cessation deadline should be extended to a date not
more than 5 years in the future after offering the public an
[[Page 48407]]
opportunity to provide input on the costs and benefits of this
paragraph (c)(1)(ii) and considering that input. The Commission will
publish a document in the Federal Register announcing its determination
and revising or removing this paragraph (c)(1)(ii) accordingly; and
* * * * *
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44. Revise Sec. 385.902 to read as follows:
Sec. 385.902 Definitions (Rule 902).
For purposes of this subpart:
(a) Contested order means the remedial order being contested in
proceeding pursuant to this subpart;
(b) Participant means, as appropriate, the Secretary, the
petitioner, and intervenors;
(c) Petitioner means a person who has received a remedial order who
notifies the Secretary that he intends to contest the order;
(d) Remedial order means a remedial order issued pursuant to 10 CFR
205.199B (remedial orders); and
(e) Secretary means the Secretary of Energy or his delegate.
Sec. 385.904 [Amended]
0
45. In Sec. 385.904:
0
a. Remove the text ``Except as provided in paragraph (b) of this
section, the'' in paragraph (a) and add the text ``The'' in its place;
and
0
b. Remove and reserve paragraph (b).
0
46. In Sec. 385.915:
0
a. Remove the text ``, an interim remedial order for immediate
compliance under 10 CFR 205.199D, or a proposed order of disallowance
under 10 CFR 205.199E''; and
0
b. Add two sentences at the end of the paragraph.
The addition reads as follows:
Sec. 385.915 Off-the-record communications (Rule 915).
* * * This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
47. In Sec. 385.1012, add two sentences at the end of the paragraph to
read as follows:
Sec. 385.1012 Off-the-record communications (Rule 1012).
* * * This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
48. In Sec. 385.1101, add paragraph (d) to read as follows:
Sec. 385.1101 Applicability (Rule 1101).
* * * * *
(d) Sunsetting provisions. This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this section and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this section
accordingly.
0
49. In Sec. 385.1102, add paragraph (g) to read as follows:
Sec. 385.1102 Definitions (Rule 1102).
* * * * *
(g) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
50. In Sec. 385.1103, add two sentences at the end of the paragraph to
read as follows:
Sec. 385.1103 Commencement of proceeding (Rule 1103).
* * * This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
51. In Sec. 385.1104, add paragraph (c) to read as follows:
Sec. 385.1104 Initial petition (Rule 1104).
* * * * *
(c) Sunsetting provisions. This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this section and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this section
accordingly.
0
52. In Sec. 385.1105, add paragraph (c) to read as follows:
Sec. 385.1105 Intervention (Rule 1105).
* * * * *
(c) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
53. In Sec. 385.1106, add paragraph (c) to read as follows:
Sec. 385.1106 Other filings (Rule 1106).
* * * * *
(c) Sunsetting provisions. This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this section and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this section
accordingly.
0
54. In Sec. 385.1107, add paragraph (c) to read as follows:
Sec. 385.1107 Evaluations (Rule 1107).
* * * * *
(c) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
[[Page 48408]]
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55. In Sec. 385.1108, add paragraph (c) to read as follows:
Sec. 385.1108 Criteria (Rule 1108).
* * * * *
(c) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
56. In Sec. 385.1109, add paragraph (e) to read as follows:
Sec. 385.1109 Orders (Rule 1109).
* * * * *
(e) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
57. In Sec. 385.1110, add paragraph (d) to read as follows:
Sec. 385.1110 Review of initial decision and order for adjustment
(Rule 1110).
* * * * *
(d) Sunsetting provisions. This section shall cease to have effect
on December 5, 2026, unless the Commission determines that the
cessation deadline should be extended to a date not more than 5 years
in the future after offering the public an opportunity to provide input
on the costs and benefits of this section and considering that input.
The Commission will publish a document in the Federal Register
announcing its determination and revising or removing this section
accordingly.
0
58. In Sec. 385.1111, add two sentences at the end of the paragraph to
read as follows:
Sec. 385.1111 Conferences (Rule 1111).
* * * This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
59. In Sec. 385.1112, add paragraph (c) to read as follows:
Sec. 385.1112 Requests for confidential treatment (Rule 1112).
* * * * *
(c) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
60. In Sec. 385.1113, add paragraph (g) to read as follows:
Sec. 385.1113 Interim relief (Rule 1113).
* * * * *
(g) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
61. In Sec. 385.1114, add two sentences at the end of the paragraph to
read as follows:
Sec. 385.1114 Motions (Rule 1114).
* * * This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
62. In Sec. 385.1115, add two sentences at the end of the paragraph to
read as follows:
Sec. 385.1115 Procedural rulings (Rule 1115).
* * * This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
63. In Sec. 385.1116, add two sentences at the end of the paragraph to
read as follows:
Sec. 385.1116 Appeals (Rule 1116).
* * * This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
0
64. In Sec. 385.1117, add paragraph (d) to read as follows:
Sec. 385.1117 Petition for adjustment treated as request for
interpretation (Rule 1117).
* * * * *
(d) This section shall cease to have effect on December 5, 2026,
unless the Commission determines that the cessation deadline should be
extended to a date not more than 5 years in the future after offering
the public an opportunity to provide input on the costs and benefits of
this section and considering that input. The Commission will publish a
document in the Federal Register announcing its determination and
revising or removing this section accordingly.
[FR Doc. 2025-19607 Filed 10-20-25; 8:45 am]
BILLING CODE 6717-01-P