70918 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Proposed Rules 

resources that are technically capable of 

providing ancillary services on the grid. 

More recently, the Commission issued 

Order No. 745, which addresses 

compensation for demand response 

resources participating in organized 

wholesale energy markets. 

VI. Elements of Plan 

Plan To Develop Culture of 

Retrospective Analysis 

As described in Part V of this plan, 

the Commission has developed a strong 

and longstanding culture of 

retrospective analysis of its existing 

significant regulations. The Commission 

currently has several proceedings in 

which it is examining regulations to 

ensure they continue to be appropriate 

to meet the goal of the regulations 

without imposing an undue burden. 

These proceedings were initiated in 

large part because the Commission has 

a culture of retrospective analysis of its 

rules. In addition, since the issuance of 

Executive Orders 13563 and 13579, 

Commission staff has sought to expand 

the Commission’s effort to conduct 

regulatory reform and to make 

suggestions to modify, improve, or 

repeal regulations that may further the 

purpose of the executive orders. The 

Commission also considers the spirit of 

these Executive Orders when evaluating 

possible new regulations. 

Prioritization 

Before Commission staff identifies 

candidate regulations to review, it will 

consider a number of factors, including 

measures to effectively carry out the 

Commission’s statutory responsibilities; 

staff resources; market dynamics; the 

effect of regulations on small 

businesses; comments from other 

agencies, stakeholders, and regulated 

entities; stakeholder actions; 

government actions; technological 

developments; and the public interest. 

Currently, Commission staff has not 

compiled a list of candidate rules for 

which it will recommend review in the 

next two years. 

Structure and Staffing 

Name/Position Title: Christy Walsh, 

Special Counsel, Office of the General 

Counsel. 

Email address: 

Christy.walsh@ferc.gov. 

Independence 

Because of staff limitations, the 

Commission cannot separate staff 

involved with retrospective review of 

regulations from staff responsible for 

writing and implementing regulations. 

Instead, in order to maintain sufficient 

independence staff involved with the 

retrospective review, the Commission 

has created a team consisting of staff 

from all of the Commission’s offices. In 

such an environment, the views of those 

who write and implement regulations 

pertaining to their respective office 

would be balanced by the views of the 

rest of the team. Such a structure 

ensures objective analysis of individual 

regulations. 

Plan for Retrospective Review and 

Revision of Rules 

In addition to continuing the 

measures described in Part V, this plan 

establishes a process to enhance the 

Commission’s retrospective analysis of 

regulations in the future. Beginning in 

November 2011, Commission staff will 

conduct reviews on a biennial basis to 

identify existing regulations that have 

become ineffective, outmoded, or overly 

burdensome. 

Interagency Coordination and Peer 

Review 

The Commission, as an independent 

regulatory agency, cannot always 

coordinate with other federal agencies. 

The Commission has historically 

coordinated with state and other federal 

agencies and has harmonized related 

regulations, when feasible, in order to 

reduce redundancy and conflict. Over 

the last three decades, the Commission 

has entered into memoranda of 

understanding and letters of 

understanding with state governments 

and other federal agencies. This effort 

has lead to predictability, clarity, a 

decrease in costs for the public and 

regulated entities. The Commission will 

continue to look for opportunities to 

further promote interagency 

coordination. 

With respect to peer review, the 

Commission must seek comments on 

any proposed change to its regulations. 

The Commission routinely receives 

comments on its proposals from 

industry and other interested 

individuals. Before issuing a final 

decision, the Commission must review 

those comments. 

VII. Components of Retrospective 

Analysis 

Fulfilling the Commission’s mission 

involves pursuing two primary goals: 

ensuring that rates, terms and 

conditions are just, reasonable and not 

unduly discriminatory or preferential, 

and promoting the development of safe, 

reliable and efficient infrastructure that 

serves the public interest. When 

evaluating whether regulations should 

be reviewed under this Plan, 

Commission staff will consider a 

number of factors, including measures 

to effectively carry out the 

Commission’s statutory responsibilities, 

staff resources, whether the regulations 

contain barriers to entry of new market 

participants, whether there have been 

changes in market dynamics, and if 

there have been stakeholder actions or 

government actions that could warrant 

regulatory change. In addition, 

Commission staff will consider whether 

new technologies have emerged that 

may warrant changes in the 

Commission’s regulations. Commission 

staff’s review will also include an 

examination of the effect of regulations 

on small businesses to ensure that they 

are not overly burdensome. Finally, 

Commission staff will consider the 

public interest, in order to make 

recommendations on retrospective 

review. 

VIII. Publishing the Agency’s Plan 

Online 

The Commission will publish its 

retrospective review plan in the Federal 

Register and on its Web site, http:// 

www.ferc.gov. A docket on the 

Commission’s eLibrary, which is its 

filing and document management 

system, will be opened for this plan. 

Dated: November 10, 2011. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2011–29663 Filed 11–15–11; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 430 

[Docket No. EERE–2010–BT–TP–0021] 

RIN 1904–AC08 

Energy Conservation Program: Test 

Procedures for Residential Clothes 

Washers 

Correction 

In proposed rule document 2011– 

28543 appearing on pages 69870–69893 

in the issue of November 9, 2011, make 

the following correction: 

On page 69870, in the first column, 

the RIN No. in the heading is corrected 

to read as set forth above. 

[FR Doc. C1–2011–28543 Filed 11–15–11; 8:45 am] 

BILLING CODE 1505–01–D 


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