80 FR 43619 - Revisions to Public Utility Filing Requirements
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 80, Issue 141 (July 23, 2015)
Federal Energy Regulatory Commission
Federal Register Volume 80, Issue 141 (July 23, 2015)
| Page Range | 43619-43625 | |
| FR Document | 2015-17950 |
[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)] [Rules and Regulations] [Pages 43619-43625] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17950] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 46 [Docket No. RM15-3-000; Order No. 812] Revisions to Public Utility Filing Requirements AGENCY: Federal Energy Regulatory Commission, Energy. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Commission is revising its regulation to eliminate the requirement to submit FERC-566 (Annual Report of a Utility's 20 Largest Customers) for regional transmission organizations, independent system operators, and exempt wholesale generators. The Commission is also revising its regulations to eliminate the requirement to submit FERC- 566 for public utilities that have not made any reportable sales under FERC-566 in any of the three preceding years. Further, the Commission is eliminating the requirement for public utilities submitting FERC-566 to identify individual residential customers by name and address. DATES: This rule will become effective October 6, 2015. FOR FURTHER INFORMATION CONTACT: Mary LaFave (Technical Information), Office of Energy Market Regulation, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6060 Lina Naik (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8882 SUPPLEMENTARY INFORMATION: Table of Contents Paragraph Nos. I. Discussion........................................ 2 A. RTOs and ISOs................................. 5 1. Commission Proposal....................... 5 2. Comments.................................. 6 3. Commission Determination.................. 11 B. EWGs.......................................... 15 1. Commission Proposal....................... 15 2. Comments.................................. 16 3. Commission Determination.................. 17 C. Public Utilities That Have Not Made Reportable 18 Sales in Preceding Three Years.................. 1. Commission Proposal....................... 18 2. Comments.................................. 19 3. Commission Determination.................. 23 D. Identification Requirement.................... 26 1. Commission Proposal....................... 26 2. Comments.................................. 27 3. Commission Determination.................. 30 II. Information Collection Statement................. 35 III. Environmental Analysis.......................... 41 IV. Regulatory Flexibility Act Certification......... 42 V. Document Availability............................. 46 VI. Effective Date and Congressional Notification.... 49 [[Page 43620]] Order No. 812--Final Rule 1. In this final rule, the Commission revises part 46 of its regulations to eliminate the requirement to submit FERC-566 (Annual Report of a Utility's 20 Largest Customers) for regional transmission organizations (RTOs), independent system operators (ISOs), and exempt wholesale generators (EWGs). The Commission also revises its regulations to eliminate the requirement to submit FERC-566 for public utilities that have not made any reportable sales under FERC-566 in any of the three preceding years. Further, the Commission is eliminating the requirement for public utilities submitting FERC-566 to identify individual residential customers by name and address. I. Discussion 2. Section 305(c) of the FPA requires, among other things, that, on or before January 31 of each calendar year, each public utility shall publish a list, pursuant to rules prescribed by the Commission, of any company, firm, or organization that is one of the 20 purchasers of electric energy which purchased (for purposes other than resale) one of the 20 largest annual amounts of electric energy sold by such public utility (or by any public utility which is part of the same holding company system) during any one of the three calendar years immediately preceding the filing date.\1\ --------------------------------------------------------------------------- \1\ 16 U.S.C. 825d(c). --------------------------------------------------------------------------- 3. The Commission implemented Congress's mandate in part 46 of the Commission's regulations.\2\ Section 46.3 of the regulations thus provides, in relevant part, that, on or before January 31 of each year, each public utility shall compile a list of purchasers of electric energy (other than for resale), and shall identify each purchaser by name and principal business address, and shall submit the list to the Secretary and make the list publicly available. The list identifies each purchaser who, during any of the three preceding calendar years, purchased (for purposes other than resale) from a public utility one of the 20 largest amounts of electric energy by such public utility, and the public utility is required to notify each purchaser which has been identified on the list.\3\ --------------------------------------------------------------------------- \2\ 18 CFR part 46. \3\ 18 CFR 46.3. --------------------------------------------------------------------------- 4. In a Notice of Proposed Rulemaking (NOPR) issued on December 18, 2014, the Commission proposed to revise its regulations to reduce the regulatory burden of compliance on public utilities, while meeting the statutory standards set forth in the FPA. Specifically, the Commission proposed to eliminate the requirement to submit FERC-566 for RTOs, ISOs, and EWGs, as well as public utilities that have not made any reportable sales in any of the three preceding years. The Commission further proposed to eliminate the requirement for public utilities submitting FERC-566 to identify individual residential customers by name and address.\4\ --------------------------------------------------------------------------- \4\ Revisions to Public Utility Filing Requirements, 79 FR 78,739 (Dec. 31, 2014), FERC Stats. & Regs., Proposed Regs. ] 32,704 (2014). --------------------------------------------------------------------------- A. RTOs and ISOs 1. Commission Proposal 5. The Commission proposed to eliminate the requirement to submit FERC-566 for RTOs and ISOs. The Commission stated that the statute expressly seeks to acquire information about purchasers of electric energy who purchased ``for purposes other than resale.'' \5\ The Commission noted that, by their nature, RTOs and ISOs are focused primarily on sales of electric energy for resale. --------------------------------------------------------------------------- \5\ 16 U.S.C. 825(c)(2)(D). --------------------------------------------------------------------------- 2. Comments 6. The ISO/RTO Council,\6\ South Central MCN, LLC (South Central MCN) and Midcontinent MCN, LLC (Midcontinent MCN), Edison Electric Institute (EEI), International Transmission Company d/b/a ITC Transmission, Michigan Electric Transmission Company, LLC, ITC Midwest LLC, and ITC Great Plains, LLC (collectively ITC), and Financial Marketers Coalition support the proposed rule to eliminate the requirement that RTOs and ISOs submit FERC-566. --------------------------------------------------------------------------- \6\ The ISO/RTO Council is comprised of Alberta Electric System Operator; California Independent System Operator Corporation; Electric Reliability Council of Texas, Inc.; Independent Electricity System Operator; ISO New England Inc.; Midcontinent Independent System Operator, Inc.; New York Independent System Operator, Inc.; PJM Interconnection, L.L.C.; and Southwest Power Pool, Inc. --------------------------------------------------------------------------- 7. South Central MCN and Midcontinent MCN support eliminating the requirement that RTOs and ISOs submit FERC-566, but recommend that the Commission also extend the exemption to all transmission-only companies (transcos) such as South Central MCN and Midcontinent MCN. South Central MCN and Midcontinent MCN state that, like RTOs and ISOs, transcos, by their nature, do not make any retail sales of electricity and do not have any retail customers. Accordingly, transcos will not have reportable sales under FERC-566 and should be exempted from the filing requirement. 8. Similarly, EEI recommends that the Commission extend the reporting exemption to cover qualifying facilities (QFs). EEI states that QFs engage in sales primarily or exclusively at wholesale. EEI submits that eliminating the reporting requirement on QFs would ease the administrative burden for both them and the Commission. 9. In addition, EEI encourages the Commission to clarify that public utilities participating in RTO and ISO markets are also exempt from the FERC-566 filing requirement as to all transactions conducted in those markets. EEI submits that the RTO and ISO markets are essentially wholesale in nature and participants in those markets will, by definition, be engaging only in non-reportable sales in the markets. Finally, EEI notes that the Commission should correct the proposed regulatory text in section 46.3(a)(2) by replacing ``Regional Transmission Operators'' with ``Regional Transmission Organizations.'' 10. Powerex Corp. (Powerex) argues that the Commission should expand its exemptions from FERC-566 reporting to include public utilities that have a de minimis market presence in making sales to purchasers ``for purposes other than resale.'' Powerex asserts that this would recognize that many public utility sellers are almost exclusively engaged in wholesale sales. Specifically, Powerex proposes that the Commission establish a de minimis threshold for exemption from filing FERC-566 if the seller makes 4,000,000 megawatt-hours (MWhs) or less of annual non-wholesale sales (based on an average of the non- wholesale sales it made in the preceding three years). Powerex claims that this is the de minimis market presence threshold that the Commission adopted for non-public utilities in its decision to exclude certain non-public utilities from the requirement to submit Electric Quarterly Reports (EQR). 3. Commission Determination 11. The Commission will adopt the proposed exemption of RTOs and ISOs from the requirement to file FERC-566. We also revise proposed section 46.3(a)(2) by replacing ``Regional Transmission Operators'' with ``Regional Transmission Organizations.'' We find that the revised regulation will reduce the regulatory burden of compliance on RTOs and ISOs. 12. We decline to grant the clarification requested by EEI that public utilities participating in RTO and ISO markets are exempt from the FERC-566 filing requirement as to all [[Page 43621]] transactions conducted in those markets. Such utilities may well also make sales ``for purposes other than for resale,'' and the statutory directive encompasses such utilities and such sales.\7\ Adopting EEI's suggestion would virtually eliminate the filing requirement, contrary to the statute. We also decline to grant EEI's request to exempt QFs from the requirement to file FERC-566. QFs, in fact, may make sales ``for purposes other than for resale,'' and the statutory directive encompasses such utilities and such sales. Moreover, in its regulations exempting QFs from certain provisions of the FPA, the Commission specifically excluded FPA section 305(c). Specifically, section 292.601(c) states that ``[a]ny qualifying facility . . . shall be exempt from all sections of the Federal Power Act, except: . . . Sections 305(c).'' \8\ We are not persuaded to change that regulation at this time. --------------------------------------------------------------------------- \7\ Insofar as EEI may be concerned about sales made in those markets, to the extent those sales may be sales for resale, such sales would not be themselves reportable in any event. Only sales for purposes other than for resale are reportable. \8\ 18 CFR 292.601(c)(4). --------------------------------------------------------------------------- 13. Likewise, we decline to extend the exemption to transcos. We agree with South Central MCN and Midcontinent MCN that transcos by their nature would be unlikely to make retail sales. Unlike RTOs and ISOs, however, transcos are not defined in the Commission's regulations and as such, are not as easily identified. Further, a transco may also--at any time--readily shift its business strategy to encompass making sales for purposes other than for resale. And, in any event, if a transco does not, in fact, make any sales for purposes other than resale, the burden is minimal, particularly given the further change that we adopt below to eliminate the reporting obligation when a public utility makes no reportable sales for the preceding three years. 14. We also decline to establish a de minimis threshold for exemption from filing FERC-566. The language of the statute does not appear to permit the Commission to establish the kind of exemption Powerex seeks. Further, while Powerex claims that this is the de minimis market presence threshold the Commission adopted for non-public utilities in its decision to exclude certain non-public utilities from the requirement to submit EQRs, such reports were not expressly required by the statute but instead were established by the Commission. Thus, the Commission has far greater leeway in allowing exemptions from EQR reporting requirements. B. EWGs 1. Commission Proposal 15. The Commission proposed to eliminate the requirement to submit FERC-566 for EWGs. The Commission noted that, by definition, EWGs do not have retail customers.\9\ Because the statute seeks to acquire information about purchasers of electric energy who purchased for purposes other than for resale, i.e., for retail, EWGs should not be required to submit FERC-566. --------------------------------------------------------------------------- \9\ The Commission's regulations define an EWG as any person that is ``engaged . . . exclusively in the business of owning or operating, or both owning and operating, all or part of one or more eligible facilities and selling electric energy at wholesale.'' 18 CFR 366.1 (emphasis added). --------------------------------------------------------------------------- 2. Comments 16. The NRG Companies (NRG), Financial Marketers Coalition, South Central MCN and Midcontinent MCN, ITC, and EEI support the proposed elimination of the requirement that EWGs submit FERC-566. NRG states that eliminating the obligation to have EWGs file a blank form will remove an administrative burden on companies, will be consistent with directives in the Government Paperwork Elimination Act to reduce the information collection burden, and will not have any impact on the reporting of actual customers to the Commission. 3. Commission Determination 17. The Commission will adopt the proposed exemption. We find that the revised regulation will reduce the regulatory burden of compliance on EWGs, who definitionally cannot make sales for purposes other than for resale.\10\ --------------------------------------------------------------------------- \10\ See supra note 10. --------------------------------------------------------------------------- C. Public Utilities That Have not Made Reportable Sales in Preceding Three Years 1. Commission Proposal 18. The Commission proposed to eliminate the requirement to submit FERC-566 for those public utilities that have not made any reportable sales in any of the three preceding years. The Commission stated that section 305(c) requires public utilities to publish a list of purchasers; it does not require a report of the absence of purchasers. 2. Comments 19. NRG, ITC, South Central MCN and Midcontinent MCN, Financial Marketers Coalition and EEI support the proposed rule to eliminate the requirement to submit FERC-566 for public utilities that have not made any reportable sales in any of the three preceding years. NRG states that, of its over 100 public utilities, less than 10 typically have retail customers in any given year, and, therefore, for the majority of its public utilities, NRG does not have customers to report on FERC- 566. ITC states that, as independent electric transmission companies, its operating companies have never made reportable sales. EEI agrees that public utilities that have only wholesale sales in the three year period covered by each annual FERC-566 should not be required to file the report. NRG, ITC, South Central MCN and Midcontinent MCN, and EEI variously assert that it makes no sense to file a report when there is no reportable information, that there is no benefit to the Commission or parties in indicating no reportable sales, and that such an exemption will promote administrative efficiency. 20. In addition, EEI states that the Commission should clarify proposed section 46.3(a)(4) in one respect. EEI states that, by stating that any public utility without ``reportable sales'' in the three year period is exempt from filing FERC-566, the Commission should specify that it means to exempt any public utility with ``no sales or only wholesale sales'' in the three year period. 21. EEI also states that because section 305(c)(2) applies only to public utilities and their sales, it recommends that the Commission clarify that only public utilities within a holding company system need to file FERC-566, and only sales by such utilities within the holding company system need to be considered in compiling the report. 22. Powerex states that there is uncertainty as to the types of transactions that fall within the Commission's Part 46 reporting requirements regarding sales of electric energy to purchasers ``for purposes other than for resale.'' Powerex submits that the Commission should clarify how public utilities should identify sales to purchasers ``for purposes other than for resale'' for inclusion in FERC-566. Powerex states that, as a marketer, it generally does not have information on whether its purchasers subsequently resold the power they purchased from Powerex. Powerex states that, out of an abundance of caution and to ensure compliance, in its FERC-566 submissions it submits an overly-inclusive listing of purchasers it believes have end- use facilities and would otherwise be required to possess, but do not appear to currently have, Commission authorization to make market-based rate wholesale sales. [[Page 43622]] 3. Commission Determination 23. The Commission will adopt the proposed regulation, but will clarify it in accordance with the suggestion by EEI, by replacing ``public utilities that have no reportable sales as defined in section (b)'' with ``public utilities that have either no reportable sales as defined in paragraph (b) or only sales for resale.'' We find that this revised regulation will reduce the regulatory burden of compliance on public utilities that have no reportable sales. 24. We decline to grant the clarification requested by EEI that only public utilities within a holding company system need to file FERC-566, and only the sales by such utilities within the holding company system need to be considered in compiling the report. FPA section 305(c) applies to all public utilities, not just public utilities within a holding company system. 25. We disagree with Powerex that there is uncertainty as to the types of transactions that fall within the Commission's Part 46 reporting requirements regarding sales of electric energy to purchasers ``for purposes other than for resale.'' Section 305(c) of the FPA requires that each public utility shall publish a list of any company, firm, or organization that, during any one of the three calendar years preceding the filing date, was one of the 20 purchasers of electric energy ``which purchased (for purposes other than for resale) one of the 20 largest annual amounts of electric energy sold by such public utility (or by any public utility which is part of the same holding company system)'' during any one of those three years.\11\ --------------------------------------------------------------------------- \11\ 16 U.S.C. 825d(c). --------------------------------------------------------------------------- D. Identification Requirement 1. Commission Proposal 26. The Commission proposed to eliminate the requirement for public utilities submitting FERC-566 to identify individual residential customers by name and address. The Commission noted that the regulations currently require that each public utility identify each purchaser on the list of the 20 largest purchasers by name and principal business address, but that it may not be necessary to have such detailed information about residential customers. 2. Comments 27. Financial Marketers Coalition, South Central MCN and Midcontinent MCN, EEI and ITC support the proposed rule to eliminate the requirement for public utilities submitting FERC-566 to identify individual residential customers by name and address. 28. Contending that the current regulations go beyond the statutory requirements, EEI states that the Commission should eliminate the need to report residential customers by clarifying that public utilities need report only any ``company, firm, or organization'' that falls within the 20 highest-volume purchasers in any of the preceding three years. EEI also states that the Commission should eliminate from section 46.3 the requirement to notify and include the address of each of the purchasers listed in FERC-566. EEI further states that the Commission should eliminate the requirement at section 46.3(e) to submit revised FERC-566 by March 1 of each year if the January 31 filing was based on estimated data. EEI submits that this filing is not required by statute, is unnecessary, and adds to the reporting burden. EEI states that, if the Commission does not eliminate the requirement altogether, the Commission should specify that revised reports need to be filed only if new data available by March 1 would make a material difference in the report. 29. EEI also states that the Commission should clarify that despite the ``aggregation'' provision at section 46.3(c), public utilities can treat individual stores or other facilities within a family of stores or parent company as separate customers rather than having to be batched, if the stores or facilities purchase or pay for their electricity separately rather than as a group through the parent company. 3. Commission Determination 30. The Commission will adopt the proposed regulation to eliminate the requirement for public utilities submitting FERC-566 to identify individual residential customers by name and address. Instead we will allow public utilities to identify individual residential customers as ``Residential Customer,'' and provide a zip code in lieu of an address. We find that the revised regulation will reduce the regulatory burden of compliance on public utilities. 31. We agree with EEI that the requirement that public utilities notify the 20 largest purchasers, currently found in section 46.3 of the regulations, is unnecessary. Thus, we eliminate this requirement from the regulations. 32. However, we decline to grant the clarification requested by EEI that public utilities need not report residential customers but rather need report only any ``company, firm, or organization'' that falls within the 20 highest-volume purchasers in any of the preceding three years. EEI seeks to draw a distinction not made by the statute, because, although the statute requires public utilities to report ``any company, firm, or organization'' which was one of the 20 largest purchasers of electric energy, an individual residential customer could, in fact, be a business structured as a sole proprietorship or some other ownership structure; this could explain why a residential customer is one of the public utility's 20 largest purchasers. 33. We also disagree with EEI that public utilities may treat individual stores or other facilities within a family of stores or under a parent company as separate customers rather than having to be batched, if the stores or facilities purchase or pay for their electricity separately rather than as a group through the parent company. The statute requires the reporting of ``purchasers'' of electric energy, not accounts. Therefore, even if a family of stores or other facilities within a family pay for their electric energy separately, it would be appropriate to aggregate them in accordance with the statute and section 46.3(c) of the Commission's regulations.\12\ --------------------------------------------------------------------------- \12\ Even if we were to adopt such a change, it would not reduce the reporting from 20 purchasers to some lesser number. While some purchasers might drop off the list as a result, others that were previously the 24th or 27th largest purchasers, for example, would then effectively move up the list to within the 20 largest purchasers. In short, who is on the list might change, but the number of purchasers reported would not change. --------------------------------------------------------------------------- 34. We also decline to grant EEI's request that we eliminate the requirement to submit revised FERC-566 reports by March 1 of each year if the January 31 filing was based on estimated data. Although not specifically required by statute, the regulation helps ensure that the data collected is accurate. II. Information Collection Statement 35. The Paperwork Reduction Act (PRA) requires each federal agency to seek and obtain Office of Management and Budget (OMB) approval before undertaking a collection of information directed to ten or more persons or contained in a rule of general applicability. OMB's regulations,\13\ in turn, require approval of certain information collection requirements imposed by agency rules. Upon approval of a collection(s) of information, OMB will assign an OMB control number and an expiration date. Respondents subject to the filing requirements of a rule will not be penalized for failing to respond to these [[Page 43623]] collections of information unless the collections of information display a valid OMB control number. --------------------------------------------------------------------------- \13\ 5 CFR part 1320. --------------------------------------------------------------------------- 36. The Commission is submitting the proposed modifications to its information collection to OMB for review and approval in accordance with section 3507(d) of the Paperwork Reduction Act of 1995.\14\ In the NOPR, the Commission solicited comments on the Commission's need for this information, whether the information will have practical utility, the accuracy of the burden estimates, ways to enhance the quality, utility, and clarity of the information to be collected or retained, and any suggested methods for minimizing respondents' burden, including the use of automated information techniques. --------------------------------------------------------------------------- \14\ 44 U.S.C. 3507(d). --------------------------------------------------------------------------- 37. The Commission did not receive any comments specifically addressing the burden estimates provided in the NOPR. The Commission did receive comments on eliminating or further modifying filing requirements; those comments and the Commission's responses are addressed above. Public Reporting Burden: The burden and cost estimates below are based on the estimated reduction in burden for: (a) Entities that would no longer have to file the annual report of twenty largest purchasers, (b) filers that would no longer have to identify individual residential customers by name and address, and (c) filers that would no longer be required to notify the 20 largest purchasers appearing on the list. The Commission estimates the current annual report requires (on average) six hours to prepare and to file. Implementation of this Final Rule will reduce the number of filings (due to the discontinuance of filings from the six RTOs/ISOs and an additional 880 filers that report no purchasers, including EWGs, and reduce the average number of hours per filing for the remaining filers (due to the elimination of the name and address for residential customers, and notification to the 20 largest purchasers). 38. The following table provides the current OMB-approved burden estimate, as well as the estimated burden reductions being implemented by this Final Rule: FERC-566, Estimated Burden [Rounded] ---------------------------------------------------------------------------------------------------------------- Average burden Annual burden Number of Annual number Total number of hours & cost hours & total Respondent category respondents of responses responses per response annual cost per respondent \15\ \16\ (1) (2) (1)*(2) = (3).. (4)............ (3)*(4) = (5) ---------------------------------------------------------------------------------------------------------------- Current OMB-Approved Burden Estimate, before Implementation of Final Rule in RM15-3 ---------------------------------------------------------------------------------------------------------------- All Filers................... 1,082 1 1,082.......... 6.............. 6,492 ---------------------------------------------------------------------------------------------------------------- Elimination of Selected Filings, due to Final Rule in RM15-3 ---------------------------------------------------------------------------------------------------------------- Elimination of filings by 6 1 elimination of (elimination) - (elimination) - RTOs/ISOs. 6. 6 hrs.; -$432. 36 hrs.; - $2,592 ---------------------------------------------------------------------------------------------------------------- Elimination of Filings by 880 1 elimination of (elimination) - (elimination) - Filers with No Purchasers 880. 6 hrs.; -$432. 5,280 hrs.; - (including EWGs). $380,160 ---------------------------------------------------------------------------------------------------------------- Burden Reduction of Remaining Filings, due to Final Rule in RM15-3 ---------------------------------------------------------------------------------------------------------------- Elimination of Name & Address 29 1 29............. (reduction) - (reduction) - for Residential. Customers 0.25 hrs.; - 7.25 hrs.; - \17\. $18. $522 Elimination of Requirement to 196 1 196............ (reduction) - (reduction) -98 Notify 20 Largest Purchasers 0.5 hrs.; -$36. hrs.; -$7,056 \18\. ---------------------------------------------------------------------------------- Total Reduction 886 1 (elimination) - ............... (elimination of (rounded), due to 886. filings and implementation of RM15- reduction of 3). hours) -5,421 hrs.; - $390,312 ---------------------------------------------------------------------------------- Net Total, after 196 1 196............ 5.46 hrs.; 1,071 hrs.; implementation of RM15-3 $393.34. $77,094 \19\. ---------------------------------------------------------------------------------------------------------------- Title: Annual Report of Twenty Largest Purchasers (FERC-566). --------------------------------------------------------------------------- \15\ The estimates for cost per response are derived using the following formula: Burden Hours per Response * $72.00/hour = Cost per Response. The $72.00/hour is based on the average salary plus benefits for a Commission employee for Fiscal Year 2015. We assume that industry respondents earn at a rate similar to Commission employees. \16\ Total Annual Burden Hours * $72.00/hour. \17\ The Commission estimates that approximately 29 (or 15%) of the 196 filers have residential customers. Each of those 29 filers is estimated to save 0.25 hours annually due to elimination of the requirement for name and address of residential purchasers. \18\ The Commission estimates that each of the 196 filers will save 0.5 hours annually, due to elimination of this requirement. \19\ After implementation of this Final Rule, the Commission estimates the remaining 196 filers will each have an average annual burden of 5.46 hours per filing (a reduction from the previous estimate of 6 hours). Twenty-nine of the 196 filers will annually each have 5.25 hours of burden, and 167 of the 196 filers will each have 5.5 hours of burden. The estimated total annual burden for all of the 196 filers will be 1,071 hours (rounded). --------------------------------------------------------------------------- [[Page 43624]] Action: Revision to existing collection. OMB Control No: 1902-0114. Respondents: Business or other for profit, and not for profit institutions. Frequency of Responses: Annually. Necessity of the Information: The Commission is required by the Federal Power Act to collect information on public utilities' twenty largest retail purchasers. This information helps the Commission understand electric energy markets and transactions, in order to better safeguard public and private interests. Upon review, the Commission finds that, as described above, certain entities no longer need to make the annual filing, and other filers will be able to eliminate certain data and notification requirements. Internal review: The Commission has assured itself, by means of its internal review, that there is specific, objective support for the burden estimates associated with the information requirements. 39. Interested persons may obtain information on the reporting requirements by contacting the Federal Energy Regulatory Commission, Office of the Executive Director, 888 First Street NE., Washington, DC 20426 [Attention: Ellen Brown, email: [email protected], phone: (202) 502-8663, fax: (202) 273-0873]. 40. Comments concerning the information collection proposed in this Final Rule and the associated burden estimates, should be sent to the Commission in this docket and may also be sent to the Office of Management and Budget, Office of Information and Regulatory Affairs [Attention: Desk Officer for the Federal Energy Regulatory Commission]. For security reasons, comments should be sent by email to OMB at the following email address: [email protected]. Please refer to OMB Control Number 1902-0114 in your submission to OMB. III. Environmental Analysis 41. 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.\20\ The collection of information has been categorically excluded from such analysis under section 380.4(a)(5) of the Commission's regulations, however.\21\ Thus, no such analysis is required. --------------------------------------------------------------------------- \20\ Regulations Implementing National Environmental Policy Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. Preambles 1986-1990 ] 30,783 (1987). \21\ 18 CFR 380.4(a)(2)(ii). --------------------------------------------------------------------------- IV. Regulatory Flexibility Act Certification 42. The Regulatory Flexibility Act of 1980 (RFA) \22\ generally requires a description and analysis of rules that will have significant economic impact on a substantial number of small entities. The Small Business Administration (SBA) revised its size standard (effective January 22, 2014) for electric utilities from a standard based on megawatt hours to a standard based on the number of employees including affiliates.\23\ --------------------------------------------------------------------------- \22\ 5 U.S.C. 601-12. \23\ SBA Final Rule on ``Small Business Size Standards: Utilities,'' 78 FR 77343 (Dec. 23, 2013). --------------------------------------------------------------------------- 43. This Final Rule revises the Commission's regulations to eliminate some filings and to reduce reporting burdens for others. Specifically, the Commission is eliminating the requirement to submit FERC-566 for RTOs and ISOs, EWGs, and those public utilities that did not make retail sales in the preceding three years. The Commission estimates that, on average, each of those 886 entities that will no longer have to file the FERC-566 will have an annual reduction in cost of $432. 44. The Commission is also reducing the burden for the remaining 196 filers because they will no longer have (a) to identify individual residential customers by name and address, and (b) to provide notification to the 20 largest purchasers. The Commission estimates that each of the remaining 196 filers will have an average annual reduction in cost of $38.66 per year. 45. Accordingly, the Commission certifies that this Final Rule will not have a significant economic impact on a substantial number of small entities. V. Document Availability 46. 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 business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC 20426. 47. 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. 48. User assistance is available for eLibrary and the Commission's Web site 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]. VI. Effective Date and Congressional Notification 49. These regulations are effective October 6, 2015. 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. This final rule is being submitted to the Senate, House of Representatives, Government Accountability Office, and Small Business Administration. List of Subjects in 18 CFR Part 46 Electric utilities, Reporting and recordkeeping requirements. By the Commission. Issued: July 16, 2015. Kimberly D. Bose, Secretary. In consideration of the foregoing, the Commission amends Part 46, Chapter I, Title 18, Code of Federal Regulations, as follows. PART 46--PUBLIC UTILITY FILING REQUIREMENTS AND FILING REQUIREMENTS FOR PERSONS HOLDING INTERLOCKING POSITIONS 0 1. The authority citation for Part 46 continues to read as follows: Authority: 16 U.S.C. 792-828c; 16 U.S.C. 2601-2645; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR 142. 0 2. Section 46.3 is amended as follows: [[Page 43625]] 0 a. Paragraph (a) is revised. 0 b. Paragraph (d) is removed, and paragraph (e) is redesignated as (d). Sec. 46.3 Purchaser list. (a)(1) Compilation and filing list. On or before January 31 of each year, except as provided below, each public utility shall compile a list of the purchasers described in paragraph (b) of this section, and subject to paragraph (a)(5) of this section, shall identify each purchaser by name and principal business address. The public utility must submit the list to the Secretary of the Commission in accordance with filing procedures posted on the Commission's Web site at http://www.ferc.gov and make the list publicly available through its principal business office. (2) Notwithstanding paragraph (a)(1) of this section, public utilities that are defined as Regional Transmission Organizations, as defined in Sec. 35.34(b)(1) of this chapter, and public utilities that are defined as Independent System Operators, as defined in Sec. 35.46(d) of this chapter, are exempt from the requirement to file. (3) Notwithstanding paragraph (a)(1) of this section, public utilities that meet the criteria for exempt wholesale generators, as defined in Sec. 366.1 of this chapter, and are certified as such pursuant to Sec. 366.7 of this chapter, are exempt from the requirement to file. (4) Notwithstanding paragraph (a)(1) of this section, public utilities that have either no reportable sales as defined in paragraph (b) or only sales for resale in any of the three preceding years are exempt from the requirement to file. (5) Notwithstanding paragraph (a)(1) of this section, individual residential customers on the list should be identified as ``Residential Customer,'' and with a zip code in lieu of an address. * * * * * [FR Doc. 2015-17950 Filed 7-22-15; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations 43619
FROM TO MEA
HORSI, AK FIX ............................................................................. ROSII, AK FIX.
NE BND ....................................................................................... *6000
SW BND ...................................................................................... *8000
*4000—MOCA
ROSII, AK FIX ............................................................................... TANANA, AK VOR/DME.
NE BND ....................................................................................... 3400
SW BND ...................................................................................... 6000
§ 95.6508 ALASKA VOR FEDERAL AIRWAY V508 is Amended To Read in Part
AKGAS, AK FIX ............................................................................ SPARREVOHN, AK VOR/DME.
W BND ......................................................................................... 6000
E BND .......................................................................................... 12000
AIRWAY SEGMENT CHANGEOVER
FROM TO DISTANCE FROM
§ 95.8003 VOR FEDERAL AIRWAY Changeover Point
V181 is Amended To Add Changeover Point
OMAHA, IA VORTAC ..................................................... NORFOLK, NE VOR/DME ............................................ 51 OMAHA
[FR Doc. 2015–18083 Filed 7–22–15; 8:45 am] SUMMARY: The Commission is revising DATES:This rule will become effective
BILLING CODE 4910–13–P its regulation to eliminate the October 6, 2015.
requirement to submit FERC–566
FOR FURTHER INFORMATION CONTACT:
(Annual Report of a Utility’s 20 Largest
DEPARTMENT OF ENERGY Customers) for regional transmission Mary LaFave (Technical Information),
organizations, independent system Office of Energy Market Regulation,
Federal Energy Regulatory operators, and exempt wholesale Federal Energy Regulatory
Commission generators. The Commission is also Commission, 888 First Street NE.,
revising its regulations to eliminate the Washington, DC 20426, (202) 502–
18 CFR Part 46 requirement to submit FERC–566 for 6060
[Docket No. RM15–3–000; Order No. 812] public utilities that have not made any Lina Naik (Legal Information), Office of
reportable sales under FERC–566 in any the General Counsel, Federal Energy
Revisions to Public Utility Filing of the three preceding years. Further, Regulatory Commission, 888 First
Requirements the Commission is eliminating the Street NE., Washington, DC 20426,
requirement for public utilities (202) 502–8882
AGENCY: Federal Energy Regulatory
Commission, Energy. submitting FERC–566 to identify SUPPLEMENTARY INFORMATION:
individual residential customers by
ACTION: Final rule.
name and address. Table of Contents
Paragraph Nos.
I. Discussion .................................................................................................................................................................................. 2
A. RTOs and ISOs ................................................................................................................................................................. 5
1. Commission Proposal ................................................................................................................................................ 5
2. Comments ................................................................................................................................................................... 6
3. Commission Determination ....................................................................................................................................... 11
B. EWGs ................................................................................................................................................................................. 15
1. Commission Proposal ................................................................................................................................................ 15
2. Comments ................................................................................................................................................................... 16
3. Commission Determination ....................................................................................................................................... 17
C. Public Utilities That Have Not Made Reportable Sales in Preceding Three Years ...................................................... 18
1. Commission Proposal ................................................................................................................................................ 18
2. Comments ................................................................................................................................................................... 19
3. Commission Determination ....................................................................................................................................... 23
D. Identification Requirement .............................................................................................................................................. 26
1. Commission Proposal ................................................................................................................................................ 26
2. Comments ................................................................................................................................................................... 27
3. Commission Determination ....................................................................................................................................... 30
II. Information Collection Statement ........................................................................................................................................... 35
III. Environmental Analysis ......................................................................................................................................................... 41
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IV. Regulatory Flexibility Act Certification ................................................................................................................................ 42
V. Document Availability ............................................................................................................................................................ 46
VI. Effective Date and Congressional Notification ..................................................................................................................... 49
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transactions conducted in those B. EWGs states that, of its over 100 public
markets. Such utilities may well also utilities, less than 10 typically have
1. Commission Proposal
make sales ‘‘for purposes other than for retail customers in any given year, and,
resale,’’ and the statutory directive 15. The Commission proposed to therefore, for the majority of its public
encompasses such utilities and such eliminate the requirement to submit utilities, NRG does not have customers
sales.7 Adopting EEI’s suggestion would FERC–566 for EWGs. The Commission to report on FERC–566. ITC states that,
virtually eliminate the filing noted that, by definition, EWGs do not as independent electric transmission
requirement, contrary to the statute. We have retail customers.9 Because the companies, its operating companies
also decline to grant EEI’s request to statute seeks to acquire information have never made reportable sales. EEI
exempt QFs from the requirement to file about purchasers of electric energy who agrees that public utilities that have
FERC–566. QFs, in fact, may make sales purchased for purposes other than for only wholesale sales in the three year
‘‘for purposes other than for resale,’’ and resale, i.e., for retail, EWGs should not period covered by each annual FERC–
the statutory directive encompasses be required to submit FERC–566. 566 should not be required to file the
such utilities and such sales. Moreover, 2. Comments report. NRG, ITC, South Central MCN
in its regulations exempting QFs from and Midcontinent MCN, and EEI
16. The NRG Companies (NRG),
certain provisions of the FPA, the variously assert that it makes no sense
Financial Marketers Coalition, South
Commission specifically excluded FPA to file a report when there is no
Central MCN and Midcontinent MCN,
section 305(c). Specifically, section reportable information, that there is no
ITC, and EEI support the proposed
292.601(c) states that ‘‘[a]ny qualifying benefit to the Commission or parties in
elimination of the requirement that
facility . . . shall be exempt from all indicating no reportable sales, and that
EWGs submit FERC–566. NRG states
sections of the Federal Power Act, such an exemption will promote
that eliminating the obligation to have
except: . . . Sections 305(c).’’ 8 We are administrative efficiency.
EWGs file a blank form will remove an
not persuaded to change that regulation
administrative burden on companies, 20. In addition, EEI states that the
at this time.
will be consistent with directives in the Commission should clarify proposed
13. Likewise, we decline to extend the
Government Paperwork Elimination Act section 46.3(a)(4) in one respect. EEI
exemption to transcos. We agree with
to reduce the information collection states that, by stating that any public
South Central MCN and Midcontinent
burden, and will not have any impact utility without ‘‘reportable sales’’ in the
MCN that transcos by their nature
on the reporting of actual customers to three year period is exempt from filing
would be unlikely to make retail sales.
the Commission. FERC–566, the Commission should
Unlike RTOs and ISOs, however,
transcos are not defined in the 3. Commission Determination specify that it means to exempt any
Commission’s regulations and as such, public utility with ‘‘no sales or only
17. The Commission will adopt the wholesale sales’’ in the three year
are not as easily identified. Further, a proposed exemption. We find that the
transco may also—at any time—readily period.
revised regulation will reduce the
shift its business strategy to encompass regulatory burden of compliance on 21. EEI also states that because section
making sales for purposes other than for EWGs, who definitionally cannot make 305(c)(2) applies only to public utilities
resale. And, in any event, if a transco sales for purposes other than for and their sales, it recommends that the
does not, in fact, make any sales for resale.10 Commission clarify that only public
purposes other than resale, the burden utilities within a holding company
is minimal, particularly given the C. Public Utilities That Have not Made system need to file FERC–566, and only
further change that we adopt below to Reportable Sales in Preceding Three sales by such utilities within the
eliminate the reporting obligation when Years holding company system need to be
a public utility makes no reportable 1. Commission Proposal considered in compiling the report.
sales for the preceding three years. 22. Powerex states that there is
14. We also decline to establish a de 18. The Commission proposed to
eliminate the requirement to submit uncertainty as to the types of
minimis threshold for exemption from transactions that fall within the
filing FERC–566. The language of the FERC–566 for those public utilities that
have not made any reportable sales in Commission’s Part 46 reporting
statute does not appear to permit the requirements regarding sales of electric
Commission to establish the kind of any of the three preceding years. The
Commission stated that section 305(c) energy to purchasers ‘‘for purposes
exemption Powerex seeks. Further, other than for resale.’’ Powerex submits
while Powerex claims that this is the de requires public utilities to publish a list
of purchasers; it does not require a that the Commission should clarify how
minimis market presence threshold the public utilities should identify sales to
Commission adopted for non-public report of the absence of purchasers.
purchasers ‘‘for purposes other than for
utilities in its decision to exclude 2. Comments resale’’ for inclusion in FERC–566.
certain non-public utilities from the 19. NRG, ITC, South Central MCN and Powerex states that, as a marketer, it
requirement to submit EQRs, such Midcontinent MCN, Financial Marketers generally does not have information on
reports were not expressly required by Coalition and EEI support the proposed whether its purchasers subsequently
the statute but instead were established rule to eliminate the requirement to resold the power they purchased from
by the Commission. Thus, the submit FERC–566 for public utilities Powerex. Powerex states that, out of an
Commission has far greater leeway in that have not made any reportable sales abundance of caution and to ensure
allowing exemptions from EQR in any of the three preceding years. NRG compliance, in its FERC–566
reporting requirements. submissions it submits an overly-
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9 The Commission’s regulations define an EWG as inclusive listing of purchasers it
7 Insofar
as EEI may be concerned about sales any person that is ‘‘engaged . . . exclusively in the believes have end-use facilities and
made in those markets, to the extent those sales business of owning or operating, or both owning would otherwise be required to possess,
may be sales for resale, such sales would not be and operating, all or part of one or more eligible
themselves reportable in any event. Only sales for facilities and selling electric energy at wholesale.’’ but do not appear to currently have,
purposes other than for resale are reportable. 18 CFR 366.1 (emphasis added). Commission authorization to make
8 18 CFR 292.601(c)(4). 10 See supra note 10. market-based rate wholesale sales.
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![Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations 43623
collections of information unless the 37. The Commission did not receive annual report requires (on average) six
collections of information display a any comments specifically addressing hours to prepare and to file.
valid OMB control number. the burden estimates provided in the Implementation of this Final Rule will
36. The Commission is submitting the NOPR. The Commission did receive reduce the number of filings (due to the
proposed modifications to its comments on eliminating or further discontinuance of filings from the six
information collection to OMB for modifying filing requirements; those RTOs/ISOs and an additional 880 filers
review and approval in accordance with comments and the Commission’s that report no purchasers, including
section 3507(d) of the Paperwork responses are addressed above. Public EWGs, and reduce the average number
Reduction Act of 1995.14 In the NOPR, Reporting Burden: The burden and cost of hours per filing for the remaining
the Commission solicited comments on estimates below are based on the filers (due to the elimination of the
the Commission’s need for this estimated reduction in burden for: (a) name and address for residential
information, whether the information Entities that would no longer have to customers, and notification to the 20
will have practical utility, the accuracy file the annual report of twenty largest
largest purchasers).
of the burden estimates, ways to purchasers, (b) filers that would no
enhance the quality, utility, and clarity longer have to identify individual 38. The following table provides the
of the information to be collected or residential customers by name and current OMB-approved burden estimate,
retained, and any suggested methods for address, and (c) filers that would no as well as the estimated burden
minimizing respondents’ burden, longer be required to notify the 20 reductions being implemented by this
including the use of automated largest purchasers appearing on the list. Final Rule:
information techniques. The Commission estimates the current
FERC–566, ESTIMATED BURDEN
[Rounded]
Annual Average
Total Annual
Number of number of burden hours
Respondent category number of burden hours
respondents responses per & cost per & total annual cost 16
responses
respondent response 15
(1) (2) (1)*(2) = (3) (4) (3)*(4) = (5)
Current OMB-Approved Burden Estimate, before Implementation of Final Rule in RM15–3
All Filers ................... 1,082 1 1,082 ................................. 6 ........................................ 6,492
Elimination of Selected Filings, due to Final Rule in RM15–3
Elimination of filings 6 1 elimination of 6 .................. (elimination) ¥6 hrs.; (elimination) ¥36 hrs.;
by RTOs/ISOs. ¥$432. ¥$2,592
Elimination of Filings 880 1 elimination of 880 .............. (elimination) ¥6 hrs.; (elimination) ¥5,280 hrs.;
by Filers with No ¥$432. ¥$380,160
Purchasers (includ-
ing EWGs).
Burden Reduction of Remaining Filings, due to Final Rule in RM15–3
Elimination of Name 29 1 29 ...................................... (reduction) ¥0.25 hrs.; (reduction) ¥7.25 hrs.;
& Address for Res- ¥$18. ¥$522
idential. Cus-
tomers 17.
Elimination of Re- 196 1 196 .................................... (reduction) ¥0.5 hrs.; (reduction) ¥98 hrs.;
quirement to Notify ¥$36. ¥$7,056
20 Largest Pur-
chasers 18.
Total Reduction 886 1 (elimination) ¥886 ............ ............................................ (elimination of filings and
(rounded), due reduction of hours)
to implementa- ¥5,421 hrs.;
tion of RM15– ¥$390,312
3).
Net Total, after 196 1 196 .................................... 5.46 hrs.; $393.34 ............. 1,071 hrs.; $77,094
implementa-
tion of RM15–
3 19.
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Title: Annual Report of Twenty
Largest Purchasers (FERC–566).
14 44 U.S.C. 3507(d). 15 The estimates for cost per response are derived Response * $72.00/hour = Cost per Response. The
using the following formula: Burden Hours per $72.00/hour is based on the average salary plus
Continued
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![43624 Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
Action: Revision to existing III. Environmental Analysis view and/or print the contents of this
collection. 41. The Commission is required to document via the Internet through the
OMB Control No: 1902–0114. prepare an Environmental Assessment Commission’s Home Page (http://
Respondents: Business or other for www.ferc.gov) and in the Commission’s
or an Environmental Impact Statement
profit, and not for profit institutions. Public Reference Room during normal
for any action that may have a
Frequency of Responses: Annually. business hours (8:30 a.m. to 5:00 p.m.
Necessity of the Information: The significant adverse effect on the human
environment.20 The collection of Eastern time) at 888 First Street NE.,
Commission is required by the Federal Room 2A, Washington, DC 20426.
Power Act to collect information on information has been categorically
excluded from such analysis under 47. From the Commission’s Home
public utilities’ twenty largest retail Page on the Internet, this information is
purchasers. This information helps the section 380.4(a)(5) of the Commission’s
regulations, however.21 Thus, no such available on eLibrary. The full text of
Commission understand electric energy this document is available on eLibrary
markets and transactions, in order to analysis is required.
in PDF and Microsoft Word format for
better safeguard public and private IV. Regulatory Flexibility Act viewing, printing, and/or downloading.
interests. Upon review, the Commission Certification To access this document in eLibrary,
finds that, as described above, certain 42. The Regulatory Flexibility Act of type the docket number excluding the
entities no longer need to make the 1980 (RFA) 22 generally requires a last three digits of this document in the
annual filing, and other filers will be description and analysis of rules that docket number field.
able to eliminate certain data and will have significant economic impact 48. User assistance is available for
notification requirements. on a substantial number of small eLibrary and the Commission’s Web site
Internal review: The Commission has during normal business hours from
entities. The Small Business
assured itself, by means of its internal FERC Online Support at 202–502–6652
Administration (SBA) revised its size
review, that there is specific, objective (toll free at 1–866–208–3676) or email at
standard (effective January 22, 2014) for
support for the burden estimates ferconlinesupport@ferc.gov, or the
electric utilities from a standard based
associated with the information Public Reference Room at (202) 502–
on megawatt hours to a standard based
requirements. 8371, TTY (202) 502–8659. Email the
39. Interested persons may obtain on the number of employees including
affiliates.23 Public Reference Room at
information on the reporting
43. This Final Rule revises the public.referenceroom@ferc.gov.
requirements by contacting the Federal
Commission’s regulations to eliminate
Energy Regulatory Commission, Office VI. Effective Date and Congressional
some filings and to reduce reporting
of the Executive Director, 888 First Notification
burdens for others. Specifically, the
Street NE., Washington, DC 20426 49. These regulations are effective
Commission is eliminating the
[Attention: Ellen Brown, email: October 6, 2015. The Commission has
requirement to submit FERC–566 for
DataClearance@ferc.gov, phone: (202) determined, with the concurrence of the
RTOs and ISOs, EWGs, and those public
502–8663, fax: (202) 273–0873]. Administrator of the Office of
40. Comments concerning the utilities that did not make retail sales in
the preceding three years. The Information and Regulatory Affairs of
information collection proposed in this OMB, that this rule is not a ‘‘major rule’’
Final Rule and the associated burden Commission estimates that, on average,
each of those 886 entities that will no as defined in section 351 of the Small
estimates, should be sent to the
longer have to file the FERC–566 will Business Regulatory Enforcement
Commission in this docket and may also
have an annual reduction in cost of Fairness Act of 1996. This final rule is
be sent to the Office of Management and
$432. being submitted to the Senate, House of
Budget, Office of Information and
44. The Commission is also reducing Representatives, Government
Regulatory Affairs [Attention: Desk
the burden for the remaining 196 filers Accountability Office, and Small
Officer for the Federal Energy
because they will no longer have (a) to Business Administration.
Regulatory Commission]. For security
reasons, comments should be sent by identify individual residential List of Subjects in 18 CFR Part 46
email to OMB at the following email customers by name and address, and (b)
to provide notification to the 20 largest Electric utilities, Reporting and
address: oira_submission@omb.eop.gov. recordkeeping requirements.
Please refer to OMB Control Number purchasers. The Commission estimates
1902–0114 in your submission to OMB. that each of the remaining 196 filers will By the Commission.
have an average annual reduction in Issued: July 16, 2015.
benefits for a Commission employee for Fiscal Year
cost of $38.66 per year. Kimberly D. Bose,
2015. We assume that industry respondents earn at 45. Accordingly, the Commission Secretary.
a rate similar to Commission employees. certifies that this Final Rule will not
16 Total Annual Burden Hours * $72.00/hour.
have a significant economic impact on In consideration of the foregoing, the
17 The Commission estimates that approximately
a substantial number of small entities. Commission amends Part 46, Chapter I,
29 (or 15%) of the 196 filers have residential Title 18, Code of Federal Regulations, as
customers. Each of those 29 filers is estimated to V. Document Availability follows.
save 0.25 hours annually due to elimination of the
requirement for name and address of residential 46. In addition to publishing the full
text of this document in the Federal PART 46—PUBLIC UTILITY FILING
purchasers.
18 The Commission estimates that each of the 196
Register, the Commission provides all REQUIREMENTS AND FILING
filers will save 0.5 hours annually, due to interested persons an opportunity to REQUIREMENTS FOR PERSONS
elimination of this requirement. HOLDING INTERLOCKING POSITIONS
19 After implementation of this Final Rule, the
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20 Regulations Implementing National
Commission estimates the remaining 196 filers will ■ 1. The authority citation for Part 46
each have an average annual burden of 5.46 hours Environmental Policy Act of 1969, Order No. 486,
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. continues to read as follows:
per filing (a reduction from the previous estimate
of 6 hours). Twenty-nine of the 196 filers will Preambles 1986–1990 ¶ 30,783 (1987). Authority: 16 U.S.C. 792–828c; 16 U.S.C.
21 18 CFR 380.4(a)(2)(ii).
annually each have 5.25 hours of burden, and 167 2601–2645; 42 U.S.C. 7101–7352; E.O. 12009,
22 5 U.S.C. 601–12.
of the 196 filers will each have 5.5 hours of burden. 3 CFR 142.
The estimated total annual burden for all of the 196 23 SBA Final Rule on ‘‘Small Business Size
filers will be 1,071 hours (rounded). Standards: Utilities,’’ 78 FR 77343 (Dec. 23, 2013). ■ 2. Section 46.3 is amended as follows:
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■ a. Paragraph (a) is revised. ACTION: Notice of enforcement of enforcement he or she may use a
■ b. Paragraph (d) is removed, and regulation. Broadcast Notice to Mariners to grant
paragraph (e) is redesignated as (d). general permission to enter the
SUMMARY: At various times throughout respective safety zone.
§ 46.3 Purchaser list. the month of August, the Coast Guard
will enforce certain safety zones located Dated: June 15, 2015.
(a)(1) Compilation and filing list. On
or before January 31 of each year, except in the Captain of the Port Buffalo Zone. B.W. Roche,
as provided below, each public utility This action is necessary and intended Captain, U.S. Coast Guard, Captain of the
shall compile a list of the purchasers for the safety of life and property on Port Buffalo.
described in paragraph (b) of this navigable waters during this event. [FR Doc. 2015–18074 Filed 7–22–15; 8:45 am]
section, and subject to paragraph (a)(5) During each enforcement period, no BILLING CODE 9110–04–P
of this section, shall identify each person or vessel may enter the
purchaser by name and principal respective safety zone without the
business address. The public utility permission of the Captain of the Port ENVIRONMENTAL PROTECTION
must submit the list to the Secretary of Buffalo. AGENCY
the Commission in accordance with DATES: The regulations in 33 CFR
filing procedures posted on the 40 CFR Part 52
165.939(a)(30) will be enforced on
Commission’s Web site at http:// August 15 and 16, 2015 from 9 a.m. to [EPA–R03–OAR–2014–0759; FRL–9930–96–
www.ferc.gov and make the list publicly 5 p.m. Region–3]
available through its principal business FOR FURTHER INFORMATION CONTACT: If
office. Approval and Promulgation of Air
you have questions on this notice of
(2) Notwithstanding paragraph (a)(1) Quality Implementation Plans; District
enforcement, call or email Petty Officer
of this section, public utilities that are of Columbia, Maryland, and Virginia;
Willie Diaz, Waterways Management
defined as Regional Transmission 2011 Base Year Emissions Inventories
Division, Coast Guard Sector Buffalo, 1
Organizations, as defined in for the Washington DC-MD-VA
Fuhrmann Blvd., Buffalo, NY 14203;
§ 35.34(b)(1) of this chapter, and public Nonattainment Area for the 2008
Coast Guard telephone 716–843–9343,
utilities that are defined as Independent Ozone National Ambient Air Quality
email SectorBuffaloMarineSafety@
System Operators, as defined in Standard
uscg.mil.
§ 35.46(d) of this chapter, are exempt AGENCY: Environmental Protection
SUPPLEMENTARY INFORMATION: The Coast
from the requirement to file. Agency (EPA).
(3) Notwithstanding paragraph (a)(1) Guard will enforce the Safety Zones;
Annual Events in the Captain of the Port ACTION: Direct final rule.
of this section, public utilities that meet
the criteria for exempt wholesale Buffalo Zone listed in 33 CFR
SUMMARY: The Environmental Protection
generators, as defined in § 366.1 of this 165.939(a)(30) for the following events:
(1) Thunder on the Niagara Agency (EPA) is taking direct final
chapter, and are certified as such action to approve the 2011 base year
Hydroplane Boat Races, North
pursuant to § 366.7 of this chapter, are carbon monoxide (CO) emissions
Tonawanda, NY; The safety zone listed
exempt from the requirement to file. inventories submitted by the District of
in 33 CFR 165.939(a)(30) will be
(4) Notwithstanding paragraph (a)(1) Columbia, State of Maryland, and
enforced from 9 a.m. to 5 p.m. on
of this section, public utilities that have Commonwealth of Virginia (collectively,
August 15, 2015 and August 16, 2015.
either no reportable sales as defined in the States) for the Washington, DC-MD-
Pursuant to 33 CFR 165.23, entry into,
paragraph (b) or only sales for resale in VA nonattainment area (the DC Area or
transiting, or anchoring within these
any of the three preceding years are Area) for the 2008 8-hour ozone
safety zones during an enforcement
exempt from the requirement to file. National Ambient Air Quality Standard
period is prohibited unless authorized
(5) Notwithstanding paragraph (a)(1) (NAAQS). EPA is approving the 2011
by the Captain of the Port Buffalo or his
of this section, individual residential CO base year emissions inventories for
designated representative. Those
customers on the list should be the 2008 8-hour ozone NAAQS for the
seeking permission to enter one of these
identified as ‘‘Residential Customer,’’ DC Area in accordance with the
safety zones may request permission
and with a zip code in lieu of an requirements of the Clean Air Act
from the Captain of Port Buffalo via
address. (CAA).
channel 16, VHF–FM. Vessels and
* * * * * persons granted permission to enter one DATES: This rule is effective on
[FR Doc. 2015–17950 Filed 7–22–15; 8:45 am]
of these safety zones shall obey the September 21, 2015 without further
BILLING CODE 6717–01–P directions of the Captain of the Port notice, unless EPA receives adverse
Buffalo or his designated representative. written comment by August 21, 2015. If
While within a safety zone, all vessels EPA receives such comments, it will
DEPARTMENT OF HOMELAND shall operate at the minimum speed publish a timely withdrawal of the
SECURITY necessary to maintain a safe course. direct final rule in the Federal Register
This notice of enforcement is issued and inform the public that the rule will
Coast Guard under authority of 33 CFR 165.939 and not take effect.
5 U.S.C. 552(a). In addition to this ADDRESSES: Submit your comments,
33 CFR Part 165 notice in the Federal Register, the Coast identified by Docket ID Number EPA–
Guard will provide the maritime R03–OAR–2014–0759 by one of the
[Docket No. USCG–2015–0502] community with advance notification of
rmajette on DSK7SPTVN1PROD with RULES
following methods:
these enforcement periods via Broadcast A. www.regulations.gov. Follow the
RIN 1625–AA00 Notice to Mariners or Local Notice to on-line instructions for submitting
Safety Zones; Annual Events in the Mariners. If the Captain of the Port comments.
Captain of the Port Buffalo Zone Buffalo determines that one of these B. Email: fernandez.cristina@epa.gov.
safety zones need not be enforced for C. Mail: EPA–R03–OAR–2014–0759,
AGENCY: Coast Guard, DHS. the full duration stated in this notice of Cristina Fernandez, Associate Director,
VerDate Sep<11>2014 13:16 Jul 22, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\23JYR1.SGM 23JYR1](https://thefederalregister.org/doc/80_FR_43760/page/7.svg)
Document Created: 2015-12-15 12:53:37
Document Modified: 2015-12-15 12:53:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will become effective October 6, 2015. | |
| Contact | Mary LaFave (Technical Information), Office of Energy Market Regulation, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6060 Lina Naik (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8882 | |
| FR Citation | 80 FR 43619 | |
| CFR Associated | Electric Utilities and Reporting and Recordkeeping Requirements |
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