122 FERC ¶ 61,225 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

18 CFR Parts 141 and 385 

[Docket No. RM07-18-000; Order No.709] 

Elimination of FERC Form No. 423 

(Issued March 11, 2008) 

AGENCY: Federal Energy Regulatory Commission. 

ACTION: Final Rule 

SUMMARY: The Federal Energy Regulatory Commission (Commission) is 

amending its regulations to eliminate the collection of the FERC Form No. 423, Monthly 

Report of Cost and Quality of Fuels for Electric Plants. The Commission is eliminating 

collection of the FERC Form No. 423 following the December 2007 report, which was 

due February 15, 2008. 

EFFECTIVE DATE: This rule will become effective [insert date that is 30 days after 

the date of publication in the FEDERAL REGISTER]. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Greenfield (Legal Information) 

Office of General Counsel, Energy Markets 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, DC 20426 

(202) 502-6415, lawrence.greenfield@ferc.gov
 Docket No. RM07-18-000 - 2 - 

James M. Krug (Technical Information) 

Division of Administration, Case Management and Strategic Planning 

Office of Energy Market Regulation 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, DC 20426 

(202) 502-8419, james.krug@ferc.gov

Patricia Morris (Technical Information) 

Division of Administration, Case Management and Strategic Planning 

Office of Energy Market Regulation 

Federal Energy Regulatory Commission 

888 First Street, N.E. 

Washington, DC 20426 

(202) 502-8730, patricia.morris@ferc.gov

SUPPLEMENTARY INFORMATION:
UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Before Commissioners: Joseph T. Kelliher, Chairman; 

 Suedeen G. Kelly, Marc Spitzer, 

 Philip D. Moeller, and Jon Wellinghoff. 

 Elimination of FERC Form No. 423 Docket No. RM07-18-000 

ORDER NO. 709 

(Issued March 11, 2008) 

TABLE OF CONTENTS

 Paragraph Numbers

I. Background 3 

II. Discussion 7 

III. Information Collection Statement 30 

IV. Environmental Analysis 31 

 V. Regulatory Flexibility Act 32 

VI. Document Availability 33 

 VII. Effective Date and Congressional Notification 36 
UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Before Commissioners: Joseph T. Kelliher, Chairman; 

 Suedeen G. Kelly, Marc Spitzer, 

 Philip D. Moeller, and Jon Wellinghoff. 

Elimination of FERC Form No. 423 Docket No. RM07-18-000 

ORDER NO. 709 

FINAL RULE 

(Issued March 11, 2008) 

1. The Federal Energy Regulatory Commission (Commission) is amending its 

regulations, 18 CFR 141.61, to eliminate the collection of the FERC Form No. 423, 

Monthly Report of Cost and Quality of Fuels for Electric Plants (Form 423). The 

Commission is eliminating collection of the Form 423 following the submission of the 

December 2007 report, which was due February 15, 2008. 

2. As a separate matter, we note that Energy Information Administration (EIA) has 

expressed a need for the information previously collected on Form 423 and intends to 

collect such information starting January 1, 2008, as part of its newly authorized EIA923.1

 As discussed below, however, to ensure the continuity of data collection, the 

Commission will, by separate notice, indicate that it will continue to collect such 

 1

 Energy Information Administration Electric Power Survey, OMB Control 

No. 1905-0129, Supporting Statement A (submitted to the Office of Management and 

Budget for review on October 4, 2007), available at: 

http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=200709-1905-003. 
Docket No. RM07-18-000 - 2 - 

information if EIA is not prepared to begin its collection, but not beyond the 

December 2008 Form 423, due in February 2009. 

I. Background

3. Form 423 gathers information on the cost and quality of fuels delivered to steam 

electric generating plants of 50 MW or greater. This information had been used over the 

years for a variety of purposes, including: (1) to conduct fuel reviews under Federal 

Power Act (FPA) sections 205(a) and (e);2

 (2) to address fuel costs and fuel purchase 

practices affecting public utility rates under FPA sections 205 and 206;3 and (3) to detect 

abnormally high fuel costs in public utility fuel purchases indicative of affiliate 

preference under FPA sections 205 and 206.4

4. Form 423 is submitted electronically on a monthly basis by approximately 190 

utilities for their 569 steam electric generating plants. 

5. On November 2, 2007, the Commission issued a Notice of Proposed Rulemaking 

(NOPR) amending its regulations to eliminate the collection of the Form 423.5

 In the 

NOPR, the Commission stated that the Commission’s infrequent use of the information 

collected in the Form 423 no longer justified the burden and cost of collecting it. 

 2

 16 U.S.C. 824d(a), (e). 

3

 16 U.S.C. 824d, 824e. 

4

 Id. 

5

 Elimination of FERC Form No. 423, 72 FR 65246 (Nov. 20, 2007), FERC Stats. 

& Regs. ¶ 32,624 (2007). 
Docket No. RM07-18-000 - 3 - 

6. In response to the NOPR, comments were filed by: American Electric Power 

Service Corporation (AEP); the American Public Power Association and the National 

Rural Electric Cooperative Association (jointly APPA and NRECA); Arch Coal, Inc. 

(Arch Coal); City of Santa Clara, California, City of Redding, California and M-S-R 

Public Power Agency (jointly Cities/M-S-R); the Edison Electric Institute (EEI); FPL 

Group, Inc. (FPL Group); the National Association of Regulatory Utility Commissioners 

(NARUC); the National Mining Association (NMA); the Oklahoma Corporation 

Commission (OCC); the South Carolina Office of Regulatory Staff (ORS); and the Public 

Utilities Commission of Ohio (PUCO). The commenters responded to the Commission’s 

invitation for comments both on its proposal to eliminate the Form 423, and on the 

proposed date to eliminate Form 423. 

II. Discussion

7. The issuance of Order No. 8886

 and the electric industry’s increasing reliance on 

market-based rates have created a diminished need for the Form 423 information. 

Greater use of market-based rates has resulted in less reliance on cost-based rates and less 

need to evaluate rates by reference to a utility’s costs; market-based rates are not tied to 

 6

 Promoting Wholesale Competition Through Open Access Non-discriminatory 

Transmission Services by Public Utilities; Recovery of Stranded Costs by Public Utilities 

and Transmitting Utilities, Order No. 888, 61 FR 21540 (May 10, 1996), FERC Stats. & 

Regs. ¶ 31,036 (1996), order on reh'g, Order No. 888-A, 62 FR 12274 (Mar. 14, 1997), 

FERC Stats. & Regs. ¶ 31,048 (1997), order on reh'g, Order No. 888-B, 81 FERC 

¶ 61,248 (1997), order on reh'g, Order No. 888-C, 82 FERC ¶ 61,046 (1998), aff'd in 

relevant part sub nom. Transmission Access Policy Study Group v. FERC, 225 F.3d 667 

(D.C. Cir. 2000), aff'd sub nom. New York v. FERC, 535 U.S. 1 (2002). 
Docket No. RM07-18-000 - 4 - 

 

the cost of providing service but instead reflect market conditions. In short, there are 

fewer public utilities with cost-based rates7 and particularly with fuel adjustment clauses 

as part of their rates. This, in turn, has resulted in fewer rate cases and fewer complaints 

filed with the Commission, and less need for Form 423’s fuel cost and quality data. 

Accordingly, the Commission will no longer collect the Form 423; the reduced need for 

Form 423’s data no longer justifies continued collection of Form 423. Moreover, should 

the Commission have a need for information concerning fuel costs and purchases in the 

future, it can obtain such information on a case-by-case basis through special reports, 

investigations, data requests or in formal proceedings.8 

8. In contrast to the Commission’s lack of need for the information, EIA, in its 

collection statement to the Office of Management and Budget (OMB), stated that “EIA 

has multiple uses for the data and requests approval to collect it.” Presently, EIA collects 

similar information from non-utility generators and, as explained in EIA’s collection 

statement to OMB, adding to it information from Commission-jurisdictional public 

utilities would, for the first time, capture all such data on one form for the entire industry. 

EIA further proposed to merge the combined Form 423 data collection with information 

from three other existing EIA data collections (EIA-906, EIA-920, and EIA-767), in an 

7

 A review of data from the Electric Quarterly Reports for calendar year 2006 

indicates that market-based power sales constituted 90 percent of jurisdictional power 

sales (reported as energy sales and booked out transactions). 

8

 See, e.g., 16 U.S.C. 825e, 825f. 
Docket No. RM07-18-000 - 5 - 

 

effort to improve data quality, consistency and reporting efficiency. The result, EIA 

stated, would be a new survey, the EIA-923.9

 EIA received OMB approval to collect the 

EIA-923 on December 21, 2007.10 

9. The Commission’s decision to stop collecting the Form 423 data is not tied to 

EIA’s decision to collect this data. However, to ensure continuity of the data collection, 

the Commission will coordinate with EIA. EIA anticipates beginning the collection of its 

EIA-923 starting with the January 2008 report, and so the Commission will end its 

collection of the Form 423 information with the December 2007 report, which was due 

February 15, 2008. However, if EIA is not prepared to collect the information, to prevent 

a gap in data collection, the Commission will continue to collect the data until EIA begins 

its collection, but not beyond the December 2008 report, due in February 2009. 

10. Should EIA begin its collection of EIA-923 data effective January 2008, the 

Commission will issue a separate notice announcing that it has ceased collection of the 

Form 423 effective after the December 2007 report. Should EIA not begin its collection 

at that time, the Commission will issue a separate notice announcing that it will continue 

collection of the Form 423. 

9

 Energy Information Administration Electric Power Survey, OMB Control 

No. 1905-0129, Supporting Statement A (submitted to the Office of Management and 

Budget for review on October 4, 2007), available from: 

http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=200709-1905-003. 

10 EIA received final approval from OMB to collect the information through EIA923 in a Notice of Office of Management and Budget Action dated December 21, 2007. 
Docket No. RM07-18-000 - 6 - 

A. Elimination of the Form 423 

Comments

11. Three commenters, EEI, FPL Group, and the OCC, support the Commission’s 

proposal to discontinue collecting the Form 423. All three claim that the Form 423 

imposes a substantial burden on the regulated community. 

12. Eight commenters opposed the Commission’s proposal to eliminate the Form 423. 

State commissions and regulatory offices11 argue that they need the Form 423 

information in a timely manner to do their work. NARUC argues that the Form 423 

information helps to facilitate state commission efforts to assure efficient use and pricing 

of fuels. PUCO states that it has an essential need for timely receipt of Form 423 data 

and that the timeliness of the Commission’s data collection and posting allows it to 

efficiently conduct electric fuel cost reviews, address electric utility fuel costs and fuel 

purchase practices, detect abnormally high fuel costs, calculate electric rates based on 

fuel costs, and properly respond to any energy emergency. PUCO believes the 

Commission’s discontinuation of collecting Form 423 information would hinder PUCO’s 

ability to effectively perform its duties. PUCO asserts that getting the Form 423 data 

only from EIA, as proposed, will result in a six-month delay between the time the data is 

collected and when the data is published. Such a delay, PUCO believes, compromises its 

ability to conduct fuel cost reviews. The ORS states that the timeliness of the Form 423 

 11 NARUC, PUCO, and ORS. 
Docket No. RM07-18-000 - 7 - 

information is important to the annual review of fuel costs and purchasing practices in 

South Carolina. 

13. Arch Coal is concerned that the elimination of the Form 423 will result in a 

significant loss of market data used by coal producers, transportation companies and 

other entities that service the electric industry. Arch Coal believes only power generators 

currently required to file EIA-906 and EIA-920 will be required to file the new EIA-923, 

resulting in a reduction of the sample size by 24 percent, and significantly degrading both 

the quality and value of the data. Arch Coal argues that data collected on EIA-923 will 

not be available at the plant level for 18 months for non-jurisdictional generators, and 

only for those plants that currently file EIA-906 and EIA-920. It believes this means 

there will be an additional time lag of more than one year, making it extremely difficult 

to use this data for business decisions. Arch Coal urges greater transparency in the 

electric power generation sector, which it believes promotes market competitiveness. 

Reducing data reliability and timeliness hinders market efficiency. 

14. NMA feels the Commission may be dropping collection of vital information at a 

time when the need for this data is escalating. NMA further contends that, should EIA 

subsequently discontinue its EIA-923 due to budget constraints, the Commission will 

need to reestablish collection of the Form 423 data. NMA adds that the data EIA will 

collect in EIA-923 will be sample data, rather than the more inclusive plant data the 

Commission currently collects. NMA believes this methodology will result in a material 

reduction in the number of reporting plants. Further, there are no guarantees that EIA 
Docket No. RM07-18-000 - 8 - 

will make plant-level information available to the public as in the past. NMA argues that 

without public access to this information, complaints against generators cannot be filed. 

15. AEP suggests that, should responsibility for the data collection be transferred, EIA 

should use the same or similar filing procedures for its EIA-923 as those employed by the 

Commission for its Form 423 data. AEP is concerned that the technological advances 

made by the Commission with respect to the collection of the data may not be maintained 

by EIA. 

16. APPA and NRECA state that the Commission has an obligation to ensure that 

cost-based rates are just and reasonable, and that the Commission’s reliance on other 

means to gather data under specific circumstances or on a case-by-case basis is not 

sufficient to protect customers. APPA and NRECA also assert the Commission itself 

needs the information for its ongoing market oversight. Customers also need access to 

the data on an ongoing basis in order to have sufficient information to protect their own 

interests through filing a complaint with the Commission. Furthermore, APPA and 

NRECA are concerned that the Commission has not gone far enough in its commitment 

to maintain the availability of the data. They note that EIA has made changes to its data 

collection programs in the past after EIA has cited budget constraints and that these 

changes were detrimental to the quality and availability of industry data. Further, APPA 

and NRECA claim the Commission must take an active role in ensuring that EIA receives 

sufficient funding to continue its collection of the data that is currently in Form 423. If 

EIA decides to stop collecting the Form 423 data in its EIA-923, APPA and NRECA 
Docket No. RM07-18-000 - 9 - 

assert the Commission must step in and resume its collection of the information. 

Cities/M-S-R state that the Commission should continue to collect Form 423 data. 

 Commission Response

17. As explained above, the Commission’s infrequent use of the Form 423 data no 

longer justifies the burden and cost of the Commission collecting the data. While others 

may have their own particular proprietary reasons for this data,12 the Commission’s 

collection of information is driven by the Commission’s needs and the Commission no 

longer needs Form 423’s fuel cost and quality data.13 The arguments put forth by the 

eight commenters opposing the Commission’s proposal thus do not provide sufficient 

reasons for the Commission to continue collecting the data; the Commission does not 

need this data on an ongoing basis. 

18. Despite our elimination of the Form 423, the public will still have access to this 

data. EIA has taken the initiative to continue collection and has received OMB 

authorization to do so. The generator data to be collected by EIA on Schedules 1 and 2 of 

its new EIA-923 is the same as the generator data collected in the Form 423 (with the 

exception of one item--the coal district number--which was eliminated). Furthermore, 

EIA will be making EIA-923 data available on its website for both Commission-

 12 E.g., state commission review of retail rates, state commission review of fuel 

purchasing practices, and coal industry analysis of coal markets. 

13 We are not aware of any reason why a state commission that needs such data 

from utilities it regulates, or associated companies, cannot obtain such data from them. 

16 U.S.C. 824(g); 42 U.S.C. 16453. 
Docket No. RM07-18-000 - 10 - 

 

jurisdictional and non-jurisdictional companies under a planned EIA data-collection-andrelease cycle that will be shorter than the Form 423 data collection-and-release cycle 

utilized by the Commission.14 The Commission thus finds no basis for commenter 

concerns that only sample data will be collected, or about the loss of data or a smaller 

number of respondents who must file. 

19. The Commission’s ability to carry out its market and rate oversight functions will 

not be hindered by the elimination of the Form 423. Current users of the Form 423 data 

will be readily able to download the same data by accessing the new EIA-923 data from 

EIA’s website. In addition, there are other sources of data which can be utilized, such as 

Form Nos. 1 and 3-Q, which will give them access to information they may need to 

protect their interests should they wish to file a complaint with the Commission. As a 

result, elimination of Form 423 should not hinder the Commission’s ability to carry out 

its market and rate oversight functions. AEP’s suggestion that EIA consider Commission 

methodologies in its EIA-923 software should be addressed to EIA. 

20. Commenter concerns about future EIA funding levels and their impact on EIA 

data collections are speculative and, in any event, are beyond the scope of this 

rulemaking. 

14 Currently, the Form 423 is due 45 days after the end of the month. The data is 

then posted to the Commission’s website 45 days after the due date. The EIA-923 will be 

due the last day of the month following the reporting month and the data will be posted to 

EIA’s website approximately 45 days after the due date, when EIA publishes its Electric 

Power Monthly for that month. 
Docket No. RM07-18-000 - 11 - 

 B. Date of Elimination of the Form 423

Comments 

21. EEI, NARUC, OCC, and Cities/M-S-R argue that the Commission should 

continue to collect the information contained in Form 423 until EIA is prepared to take 

over these duties, so there is no gap in information collection. NARUC and Cities/M-S-R 

both add that, if necessary, this data collection should continue beyond the Commission 

deadline of December 2008. 

 Commission Response

22. As noted above, the Commission intends to coordinate its elimination of Form 423 

with EIA’s collection of EIA-923. The Commission will continue collection of Form 423 

should EIA not be able to begin its collection program as proposed, but not beyond 

December 2008; the Commission is currently authorized by OMB to collect Form 423 

data only through December 2008. Moreover, EIA has received OMB authorization to 

begin collecting EIA-923.15 Therefore, the Commission disagrees with EEI, NARUC, 

OCC, and Cities/M-S-R that there is a need to extend its collection of, and to obtain 

additional OMB authorization to collect, Form 423 beyond December 2008. 

 15 Notice of Office of Management and Budget Action (December 21, 2007) 

(OMB Control No. 1905-0129). 
Docket No. RM07-18-000 - 12 - 

 C. Other Issues

 

 Comment

23. Commenters raise various issues largely related to the type and timing of 

information to be collected by EIA. 

24. PUCO claims Form 423 data should be updated to include renewable and 

intermittent resources.16 The OCC, while it supports the Commission in its suggestion 

not to require additional reporting, proposes that “state commissions [be] notified of 

additional reviews or requests about individual public utilities’ information that are in the 

respective state commission’s jurisdiction.” 

25. FPL Group does not support EIA’s proposal to institute a mandatory collection of 

this information in its EIA-923. FPL Group argues that, absent a greater showing of need 

for this information by the EIA, providing such information should be voluntary. 

26. EEI encourages the Commission to recognize that the fuel cost, quantity, and other 

information reported in the Form 423 is commercially sensitive, and asks that EIA treat 

this same information as confidential and not release it in a disaggregated form that 

discloses company and plant level information or even state or regional information 

because that can compromise negotiations and prices in particular markets.

 16 If the Commission determines that it has additional data needs related to 

renewable and intermittent resources, those data needs will be addressed in a separate 

proceeding. 
Docket No. RM07-18-000 - 13 - 

27. NARUC urges the Commission to join it in requesting that EIA preserve the 

existing reporting schedule to ensure the usefulness of the information collected. 

NARUC is concerned that EIA proposes to collect the same data using a six month rather 

than a two month lag period. NARUC contends a six month delay would significantly 

reduce the usefulness of the information and would undermine the ability of state 

commissions to effectively use this information in conducting fuel cost reviews. 

28. AEP states the proposed submission deadline for EIA-923 should be lengthened. 

AEP is concerned about the shorter submission time that is proposed by the EIA, noting 

that the Commission allowed forty-five days after the close of the previous month to 

submit the data requested in Form 423 whereas under EIA-923 the time is shortened to 

thirty days after the last day of the prior month. AEP argues it is a large, multi-state 

utility operating in eleven states, and shortening the time for submission of data by fifteen 

days will not allow AEP enough time to gather all of the information from various 

resources and submit the data in a timely fashion. AEP claims this situation will be 

exacerbated if the efficiencies in the filing methods employed by the Commission are not 

adopted by the EIA. AEP also states a testing period should be established in order to 

ensure both utility and EIA preparedness. 

 Commission Response

29. The Commission is eliminating the collection of the Form 423 data. The concerns 

raised by PUCO, OCC, FPL Group, EEI, NARUC, and AEP are concerns that instead 

should be brought to the attention of EIA. Thus, issues about EIA’s mandatory collection 
Docket No. RM07-18-000 - 14 - 

of fuel cost and quality data, whether to include renewable and intermittent resource data, 

the confidentiality of data, the timing of the submission of data, and the need for a testing 

period are issues that should be brought to the attention of EIA. The OCC’s request that 

state commissions be notified of “additional reviews or requests” is beyond the scope of 

this rulemaking. 

III. Information Collection Statement

30. The Office of Management and Budget (OMB) regulations require that OMB 

approve certain reporting and record keeping (information collections) imposed by an 

agency. Here, the Commission is proposing to cease collecting certain information. 

Nevertheless, OMB has been notified of the Commission’s proposed actions in this case. 

The Commission will submit a copy of the Final Rule to inform OMB of its actions to 

discontinue the collection of this information and the resulting alleviation of burden 

imposed on the public. 

IV. Environmental Analysis

31. Commission regulations require that an environmental assessment or an 

environmental impact statement be prepared for any Commission action that may have a 

significant adverse effect on the human environment.17 No environmental consideration 

is necessary for the promulgation of a rule that involves information gathering, analysis, 

 17 Regulations Implementing National Environmental Policy Act, 52 FR 47897 

(Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 (1987). 
Docket No. RM07-18-000 - 15 - 

and dissemination.18 This Final Rule eliminates a data collection. Consequently, neither 

an environmental impact statement nor an environmental assessment is required. 

V. Regulatory Flexibility Act

32. The Regulatory Flexibility Act of 1980 (RFA)19 generally requires either a 

description and analysis of a rule that will have a significant economic impact on a 

substantial number of small entities or a certification that the rule will not have a 

significant economic impact on a substantial number of small entities. Most utilities to 

which this Final Rule applies would not fall within the RFA’s definition of small entity.20 

Moreover, elimination of the Form 423 will reduce the burden on all entities, including 

small entities. Consequently, the Commission certifies that this Final Rule will not have 

a significant economic impact on a substantial number of small entities. 

VI. Document Availability

33. In addition to publishing the full text of this document in the Federal Register, the 

Commission provides all interested persons an opportunity to obtain this document via 

 18 18 CFR 380.4(a)(5). 

19 5 U.S.C. 601-12. 

20 5 U.S.C. 601(3), citing to section 3 of the Small Business Act, 15 U.S.C. 632. 

Section 3 of the Small Business Act defines a “small business concern” as a business that 

is independently owned and operated and that is not dominant in its field of operation. 

The Small Business Size Standards component of the North American Industry 

Classification System (NAICS) defines a small electric utility as one that, including its 

affiliates, is primarily engaged in the generation, transmission, and/or distribution of 

electric energy for sale and whose total electric output for the preceding fiscal year did 

not exceed four million MWh. 13 CFR 121.201. 
Docket No. RM07-18-000 - 16 - 

the Internet through the Commission’s Home Page (http://www.ferc.gov) and from its 

Public Reference Room during normal business hours (8:30 a.m. to 5:00 p.m. Eastern 

time) at 888 First Street, NE, Room 2A, Washington, DC 20426. 

34. From the Commission's Home Page on the Internet, the full text of this document 

is available in the Commission’s document management system, eLibrary, in PDF and 

Microsoft Word format for viewing, printing, and downloading. To access this document 

in eLibrary, type the docket number (excluding the last three digits of the docket 

number), in the Docket Number field. 

35. User assistance is available for eLibrary and the Commission's website during 

normal business hours. For assistance, please contact FERC Online Support at (202) 

502-6652 (toll-free at 1-866-208-3676), e-mail fercon-linesupport@ferc.gov, or contact the 

Public Reference Room at (202) 502-8371, TTY (202) 502-8659, e-mail: 

public.referenceroom@ferc.gov. 

VII. Effective Date and Congressional Notification

36. These changes in the regulations are effective [insert date that is 30 days after 

date of publication in the FEDERAL REGISTER]. The Commission has determined, 

with the concurrence of the Administrator of the Office of Information and Regulatory 

Affairs of OMB that this rule is not a “major rule” as defined in section 351 of the Small 

Business Regulatory Enforcement Fairness Act of 1996.21 

 21 5 U.S.C. 804(2). 
Docket No. RM07-18-000 - 17 - 

List of Subjects

18 CFR Part 141

Electric power, Reporting and recordkeeping requirements. 

18 CFR Part 385

Administrative practice and procedure, Electric power, Penalties, Pipelines, Reporting 

and recordkeeping requirements 

By the Commission. 

( S E A L ) 

Kimberly D. Bose, 

Secretary. 
Docket No. RM07-18-000 - 18 - 

In consideration of the foregoing, the Commission amends parts 141 and 385, 

Chapter I, Title 18, Code of Federal Regulations, as follows: 

PART 141 – STATEMENTS AND REPORTS (SCHEDULES)

1. The authority citation for part 141 continues to read as follows: 

 Authority: 15 U.S.C. 79; 16 U.S.C. 791a-828c, 2601-2645; 31 U.S.C. 9701; 42 

U.S.C. 7101-7352. 

§ 141.61 [Removed and Reserved] 

2. Section 141.61 is removed and reserved: 

PART 385 – RULES OF PRACTICE AND PROCEDURE 

3. The authority citation for part 385 continues to read as follows: 

 Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16 U.S.C.791a825v, 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). 

§ 385.2011 Procedures for filing on electronic media (Rule 2011). 

4. Section 385.2011, paragraph (a)(8) is removed and reserved.