§ 376.204 Delegation of Commission authority during emergency conditions. ( a ) *Delegation of authority to one or two Commissioners.* During emergency conditions, the Commission shall function as usual, if a quorum of the Commission is available and capable of acting. If by reason of such conditions a quorum of the Commission is not available and capable of acting, all functions of the Commission are delegated to the Commissioner or Commissioners who are available and capable of acting.
( b ) *Delegation of authority to Commission staff.* ( 1 ) When, by reason of emergency conditions, there is no Commissioner available and capable of acting, the functions of the Commission are delegated to the first five members of the Commission staff on the list set forth in paragraph (b)(2) of this section who are available and capable of acting.
( 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 ) Deputy General Counsels, in order of seniority;
( viii ) Deputy Directors, Office of Energy Market Regulation, in order of seniority;
( ix ) Deputy Directors, Office of Energy Projects, in order of seniority;
( x ) Deputy Directors, Office of Electric Reliability, in order of seniority;
( xi ) Deputy Directors, Office of Enforcement, in order of seniority;
( xii ) Associate General Counsels and Solicitor, in order of seniority;
( xiii ) 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;
( xiv ) 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)(vii)-(xiv) 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)(xiii)-(xiv) 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.* ( 1 ) To the extent not otherwise provided by this section, during emergency conditions when the Chairman is not available and capable of acting, when no Commissioner is available and capable of acting, and when no person listed in paragraph (b)(2)(i) through (xiii) of this section who is located in the National Capital Region is available and capable of acting, the functions of the Commission are delegated, in order of seniority (as described in paragraph (b)(3) of this section), to 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.
( 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) through (xiii) 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.* Action taken pursuant to the delegations provided for in this section shall be subject to reconsideration by the Commission, acting with a quorum, within thirty days after the date upon which public notice is given that a quorum of the Commission has been reconstituted and is functioning.
[Order 778, 78 FR 21245, Apr. 10, 2013]