154 FERC ¶ 61,026

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

18 CFR Parts 1b, 2, 157, 380

[Docket No. RM15-26-000; Order No. 821]

Instant Final Rule Transferring Certain Dispute Resolution Service Matters to the 

Commission’s Landowner Helpline

(Issued January 21, 2016)

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

SUMMARY: The Commission is revising its regulations to reflect an internal 

reorganization. On June 14, 2013, the Dispute Resolution Service moved from the 

Commission’s Office of Administrative Litigation (OAL) to the Commission’s Office of 

Administrative Law Judges (OALJ), and the resulting new office was named the Office 

of Administrative Law Judges and Dispute Resolution (OALJDR). On January 11, 2015, 

the Commission designated a Landowner Helpline function in the OALJDR. The revised 

regulations substitute the Commission’s recently established Landowner Helpline in 

place of the Commission’s Dispute Resolution Service (DRS) as the contact for handling 

dispute-related calls, emails, and letters, pertaining to the construction and operation of 

jurisdictional infrastructure projects. This revision does not preclude disputants from 

utilizing other means to address disputes at the Commission. The transfer of 

responsibility for dispute-related calls, emails, and letters pertaining to infrastructure 
Docket No. RM15-26-000 - 2 -

projects to the Landowner Helpline reflects an allocation of dedicated resources to serve 

the public interest.

EFFECTIVE DATE: This rule will become effective [30 days after publication in the 

FEDERAL REGISTER].

FOR FURTHER INFORMATION CONTACT:

Thomas Sharp 

Office of the General Counsel

888 First Street, NE

Washington, DC 20426

202-502-6461

thomas.sharp@ferc.gov

SUPPLEMENTARY INFORMATION
154 FERC ¶ 61,026

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Before Commissioners: Norman C. Bay, Chairman;

 Cheryl A. LaFleur, Tony Clark,

and Colette D. Honorable.

Instant Final Rule Transferring Certain Dispute 

Resolution Service Matters to the Commission’s 

Landowner Helpline

Docket No. RM15-26-000

FINAL RULE

ORDER NO. 821

(Issued January 21, 2016)

1. By this instant Final Rule, the Commission is revising its regulations1to substitute 

the Commission’s recently established Landowner Helpline in place of the Commission’s 

Dispute Resolution Service (DRS) as the point of contact for dispute-related calls, emails,

and letters, pertaining to the construction or operation of jurisdictional natural gas and

hydroelectric projects. The Commission is implementing this Final Rule as a result of a

recent internal reorganization, which designated a Landowner Helpline function in the 

Commission’s Office of Administrative Law Judges and Dispute Resolution (OALJDR).

 

1

18 CFR §§ 1b.21(g-h), 2.55(c)(1)(ii)(C), 157.203(d)(1)(iii)(D), and 

380.15(c)(1)(ii)(C) (2015).
Docket No. RM15-26-000 - 2 -

I. Background

2. The Commission’s Enforcement Hotline has been in existence since June 1987. 

In April 1999, the Enforcement Hotline was codified under section 1b.21 of the 

Commission’s regulations.2 In addition to providing information to the public, and 

informal, non-binding staff opinions, any person may seek the Enforcement Hotline’s 

assistance in the informal resolution of a dispute, provided that the dispute is not before 

the Commission in a docketed proceeding.3 The Enforcement Hotline is staffed by 

personnel from the Division of Investigations in the Office of Enforcement. 

3. On April 15, 2010, the Commission substituted the DRS, with its expertise in 

conflict resolution, for the Enforcement Hotline as the contact for landowners that have 

unresolved disputes with natural gas companies following use of the companies’ 

environmental complaint resolution procedure.

4

 The Commission also transferred the 

responsibility of dispute-related calls pertaining to the construction and operation of

hydroelectric projects to DRS.

5

 

2

18 CFR § 1b.21 (2015).

3

Id.

4

Instant Final Rule Transferring Certain Enforcement Hotline Matters to the 

Dispute Resolution Service, 75 FR 21503, at 21504 (April 26, 2010); FERC Stat. & Regs. 

¶ 31,308 (2010) (cross-referenced at 131 FERC ¶ 61,018 (2010)).

5

Id. These include calls to OEP’s Division of Hydropower Administration and 

Compliance (DHAC) regarding compliance with hydroelectric project licensing 

conditions which DHAC elects to refer to DRS. 
Docket No. RM15-26-000 - 3 -

4. The Commission’s regulations require that natural gas companies seeking 

automatic authorization for replacement facilities or blanket certificate authorization for 

a project under the Natural Gas Act (NGA) must provide all affected landowners with a 

description of the company’s environmental complaint resolution procedures, including

company contact telephone numbers which landowners can use to identify and resolve 

environmental mitigation problems and concerns during construction of the project and 

restoration of the right-of-way.

6

 Companies must also provide affected landowners with 

the current telephone number and e-mail address of the DRS and instruct them that if 

they are not satisfied with the company’s response to their complaints, they may contact 

the DRS.

7

5. Going forward, the above-described DRS responsibilities will be handled by the

new OALJDR Landowner Helpline. 

II. Discussion

6. This Final Rule amends 18 CFR 157.203(d)(1)(iii)(D) to substitute the 

Commission’s recently established Landowner Helpline for the DRS Helpline as the 

contact for members of the public that have unresolved disputes with pipeline companies 

 

6

18 CFR § 157.203(d)(1)(iii) (2015).

7

18 CFR § 157.203(d)(1)(iii)(D) (2015).
Docket No. RM15-26-000 - 4 -

following use of the pipeline companies’ environmental complaint resolution procedure.8 

This Final Rule also removes and renumbers 18 CFR 1b.21 (g-h) to create 18 CFR 1b.22

(a-b), which substitutes the Commission’s recently established Landowner Helpline for 

the DRS Helpline as the contact for any person affected by either the construction or 

operation of natural gas facilities under the NGA or by the construction or operation of a 

project under the Federal Power Act (FPA), who may wish to seek the informal 

resolution of a dispute. This final rule makes this same substitution in 18 CFR 

2.55(c)(1)(ii)(C) and 18 CFR 380.15(c)(1)(ii)(C). These changes reflect the allocation of 

a dedicated Commission resource to serve the public interest. 

III. Information Collection Statement

7. Office of Management and Budget (OMB) regulations require OMB to approve 

certain information collection requirements imposed by agency rule.

9

 However, this 

instant Final Rule does not contain or modify any information collection requirements.

IV. Environmental Analysis

8. The Commission is required to prepare an Environmental Assessment or an 

Environmental Impact Statement for any action that may have a significant adverse effect 

 

8 Notwithstanding the name of the helpline, in accordance with section 1b.21(g), 

any person affected by a jurisdictional project – whether a landowner or not – may make 

use of the Landowner Helpline.

9

5 CFR § 1320.12 (2015).
Docket No. RM15-26-000 - 5 -

on the human environment.10 Part 380 of the Commission’s regulations lists exemptions 

to the requirement to draft an Environmental Assessment or Environmental Impact

Statement, and this rulemaking qualifies under the exemption for procedural, ministerial 

or internal administrative actions.11

V. Regulatory Flexibility Act

9. The Regulatory Flexibility Act of 1980 (RFA)12 generally requires a description 

and analysis of final rules that will have significant economic impact on a substantial 

number of small entities. This instant Final Rule concerns agency procedures. The 

Commission certifies that it will not have a significant economic impact upon participants 

in Commission proceedings. Therefore, an analysis under the RFA is thus not required.

VI. Document Availability

10. 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) and in the Commission’s Public Reference Room during normal 

 

10 Order No. 486, Regulations Implementing the National Environmental Policy 

Act of 1969, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. Preambles 1986-1990 

¶ 30,783 (1987).

11 18 CFR § 380.4(a)(1) (2015).

12 5 U.S.C. 601-612 (2012).
Docket No. RM15-26-000 - 6 -

business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street, NE, Room 2A, 

Washington, DC 20426.

11. 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.

12. 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 ferconlinesupport@ferc.gov, or the Public Reference Room at 

(202) 502-8371, TTY (202) 502-8659. E-mail the Public Reference Room at 

public.referenceroom@ferc.gov.

VII. Effective Date and Congressional Notification

13. These regulations are effective as an instant Final Rule without a period for public 

comment. Under 5 U.S.C. 533(b), notice and comment procedures are unnecessary 

where a rulemaking concerns only agency procedure or practice, or where the agency 

finds that notice and comment is unnecessary. This rule concerns only matters of agency 

procedure, and will not significantly affect regulated entities or the general public. 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.
Docket No. RM15-26-000 - 7 -

14. These regulation are effective [insert date 30 days after publication in the 

Federal Register].

List of subjects

18 CFR Part 1b

Rules relating to Investigations

18 CFR Part 2

General policy and interpretations

18 CFR 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

18 CFR Part 380

Regulations implementing the National Environmental Policy Act

By the Commission.

( S E A L )

Nathaniel J. Davis, Sr.,

Deputy Secretary.
Docket No. RM15-26-000 - 8 -

In consideration of the foregoing, the Commission proposes to amend Parts 1, 2, 

157, and 380, Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 1b – RULES RELATING TO INVESTIGATIONS 

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

Authority: 15 U.S.C. 717-717z, 3301-3432; 16 U.S.C. 792-828c, 2601-2645; 

42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988); E.O. 12009, 3 CFR 

1978 Comp., p. 142.

2. Section 1b.21(g-h) is removed and renumbered to read as follows: : 

1b.22 Landowner Helpline.

* * * * *

(a) Any person affected by either the construction or operation of a certificated or 

authorized natural gas project under the Natural Gas Act or by the construction or 

operation of a project under the Federal Power Act may seek the informal resolution of a 

dispute by contacting the Commission’s Landowner Helpline. The Commission’s 

Landowner Helpline may be reached by calling toll-free at 1-877-337-2237, or by e-mail 

at LandownerHelp@ferc.gov, or writing to: Commission’s Landowner Helpline, Federal 

Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

(b) Any person who contacts the Landowner Helpline is not precluded from filing a 

formal action with the Commission if discussions assisted by the Landowner Helpline 

staff are unsuccessful at resolving the matter. A caller may terminate the use of 

alternative dispute resolution procedures at any time.

PART 2 – GENERAL POLICY AND INTERPRETATIONS

3. 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.

4. Section 2.55(c)(1)(ii)(C) is amended to read as follows:

* * * * *

(C) A description of the Commission’s Landowner Helpline, which an affected 

person may contact to seek an informal resolution of a dispute as explained in 

section 1b.22(a) of the Commission’s regulations and the Landowner Helpline number.
Docket No. RM15-26-000 - 9 -

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

5. The authority citation for Part 157 continues to read as follows: 

Authority: 15 U.S.C. 717-717z.

6. Section 157.203(d)(1)(iii)(D) is amended to read as follows:

* * * * *

(D) Instruct landowners that, if they are still not satisfied with the response, they may 

contact the Commission’s Landowner Helpline at the current telephone number and 

e-mail address, which is to be provided in the notification.

PART 380 – REGULATIONS IMPLEMENTING THE NATIONAL 

ENVIRONMENTAL POLICY ACT

7. The authority citation for Part 380 continues to read as follows: 

Authority: 42 U.S.C. 4321-4370h, 7101-7352; E.O. 12009, 3 CFR 1978 Comp., 

p. 142.

8. Section 380.15(c)(1)(ii)(C) is amended to read as follows:

* * * * *

(C) A description of the Commission’s Landowner Helpline, which an affected person 

may contact to seek an informal resolution of a dispute as explained in section 1b.22(a) of 

the Commission’s regulations and the Landowner Helpline number.