80 FR 8301 - Commission Information Collection Activities (FERC-598 & FERC-716); Comment Request
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 80, Issue 31 (February 17, 2015)
Federal Energy Regulatory Commission
Federal Register Volume 80, Issue 31 (February 17, 2015)
| Page Range | 8301-8302 | |
| FR Document | 2015-03146 |
[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)] [Notices] [Pages 8301-8302] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03146] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC15-1-000] Commission Information Collection Activities (FERC-598 & FERC- 716); Comment Request AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Comment request. ----------------------------------------------------------------------- SUMMARY: In compliance with the requirements of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory Commission (Commission or FERC) is submitting its information collections FERC-598 (Self-Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status) and FERC- 716 [Good Faith Requests for Transmission Service and Good Faith Responses by Transmitting Utilities Under Sections 211(a) and 213(a) of the Federal Power Act (FPA)] to the Office of Management and Budget (OMB) for review of the information collection requirements. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission previously issued a Notice in the Federal Register (79 FR 68424, 11/17/2014) requesting public comments. The Commission received no comments on either the FERC-598 or the FERC-716 and is making this notation in its submittal to OMB. DATES: Comments on the collection of information are due by March 19, 2015. ADDRESSES: Comments filed with OMB, identified either by the OMB Control No. 1902-0166 (FERC-598) or 1902-0170 (FERC-716) should be sent via email to the Office of Information and Regulatory Affairs: [email protected]. Attention: Federal Energy Regulatory Commission Desk Officer. The Desk Officer may also be reached via telephone at 202-395-4718. A copy of the comments should also be sent to the Commission, in Docket No. IC15-1-000, by either of the following methods:eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp. Mail/Hand Delivery/Courier: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426. Instructions: All submissions must be formatted and filed in accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support by email at [email protected], or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY. Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp. FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at [email protected], by telephone at (202) 502-8663, and by fax at (202) 273-0873. SUPPLEMENTARY INFORMATION: Type of Request: Three-year extension of the information collection requirements for all collections described below with no changes to the current reporting requirements. Please note that each collection is distinct from the next. Comments: Comments are invited on: (1) Whether the collections of information are necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimates of the burden and cost of the collections of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collections; and (4) ways to minimize the burden of the collections of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. FERC-598 (Self-Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status) OMB Control No.: 1902-0166. Abstract: The Commission uses the data in the FERC-598 information collection to implement the statutory provisions of Title XII, subchapter F of the Energy Policy Act of 2005 (EPAct 2005).\1\ --------------------------------------------------------------------------- \1\ Energy Policy Act of 2005, Public Law 109-58, 119 Stat. 594 (2005). --------------------------------------------------------------------------- EPAct 2005 repealed the Public Utility Holding Company Act of 1935 (PUHCA 1935) in its entirety, and adopted in its place the Public Utility Holding Company Act of 2005 (PUHCA 2005). This change enabled the Commission to exempt from the requirements of PUHCA 2005 the holding companies that hold responsibility over wholesale generators from PUHCA 2005 on a case-by-case basis. The Commission amended its regulations (in Order No. 667 \2\) to add procedures for self- certification by entities seeking exempt wholesale generator (EWG) and Foreign Utility Company (FUCO) status. This self-certification is similar to the process available to entities that seek qualifying facility status. --------------------------------------------------------------------------- \2\ Repeal of the Public Utility Holding Company Act of 1935 and Enactment of the Public Utility Holding Company Act of 2005, 70 FR 75592 (2005), order on rehearing, Order 667-A, 71 FR 28446 (2006), order on rehearing, Order 667-B, 71 FR 42750 (2006), order on rehearing, Order 667-C, 118 FERC 61133 (2007). --------------------------------------------------------------------------- An EWG is a ``person engaged directly, or indirectly through one or more affiliates . . . and 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.'' \3\ A FUCO is a company that ``owns or operates facilities that are not located in any state and that are used for the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas for heat, light, or power, if such company: (1) Derives no part of its income, directly or indirectly, from the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas for heat, light, or power, within the United States; and (2) neither the company nor any of its subsidiary companies is a public-utility company operating in the United States.'' --------------------------------------------------------------------------- \3\ 18 CFR 366.1. --------------------------------------------------------------------------- An EWG, FUCO, or its representative seeking to self-certify its status must file with the Commission a notice of self-certification demonstrating that it satisfies the definition of EWG or FUCO. In the case of EWGs, the person filing a notice of self-certification must also file a copy of the notice of self-certification with the state regulatory authority of the state in which the facility is located and that person must also represent to the Commission in its [[Page 8302]] submission that it has filed a copy of the notice with the appropriate state regulatory authority.\4\ --------------------------------------------------------------------------- \4\ 18 CFR 366.7. --------------------------------------------------------------------------- Submission of the information collected by FERC-598 is necessary for the Commission to carry out its responsibilities under EPAct 2005.\5\ The Commission implements its responsibilities through the Code of Federal Regulations (CFR) Title 18 Part 366. These filing requirements are mandatory for entities seeking to self-certify their EWG or FUCO status. --------------------------------------------------------------------------- \5\ 42 U.S.C. 16451 et seq. --------------------------------------------------------------------------- Type of Respondent: EWGs and FUCOs. Estimate of Annual Burden: The Commission estimates the annual public reporting burden for the information collection as: FERC-598 (Self-Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status) -------------------------------------------------------------------------------------------------------------------------------------------------------- Annual number of Average burden & Total annual Number of responses per Total number of cost per response burden hours & Cost per respondents respondent responses \6\ total annual cost respondent $ (1) (2) (1)*(2) = (3) (4) (3)*(4) = (5) (5) / (1) -------------------------------------------------------------------------------------------------------------------------------------------------------- EWGs/FUCOs............................ 102 1 102 6 612 $423 $423 $43,146 -------------------------------------------------------------------------------------------------------------------------------------------------------- \6\ The estimates for cost per response are derived using the following formula: Average Burden Hours per Response. * $70.50 per Hour = Average Cost per Response. The cost per hour figure is the FERC average salary plus benefits. Subject matter experts found that industry employment costs closely resemble FERC's regarding the FERC-598 information collection. FERC-716, [Good Faith Requests for Transmission Service and Good Faith Responses by Transmitting Utilities Under Sections 211(a) and 213(a) of the Federal Power Act (FPA) \7\] --------------------------------------------------------------------------- \7\ Previously titled ``Transmission Services (Good Faith Request, Response by Transmitting Utility, and Application) under Sections 211 and 213a of the Federal Power Act''. --------------------------------------------------------------------------- OMB Control No.: 1902-0170. Abstract: The Commission uses the information collected under the requirements of FERC-716 to implement the statutory provisions of Sections 211 and Section 213 of the Federal Power Act as amended and added by the Energy Policy Act 1992. FERC-716 also includes the requirement to file a Section 211 request if the negotiations between the transmission requestor and the transmitting utility are unsuccessful. For the initial process, the information is not filed with the Commission. However, the request and response may be analyzed as a part of a Section 211 action. The Commission may order transmission services under the authority of FPA 211. The Commission's regulations in the Code of Federal Regulations (CFR), 18 CFR 2.20, provide standards by which the Commission determines if and when a valid good faith request for transmission has been made under section 211 of the FPA. By developing the standards, the Commission sought to encourage an open exchange of data with a reasonable degree of specificity and completeness between the party requesting transmission services and the transmitting utility. As a result, 18 CFR 2.20 identifies 12 components of a good faith estimate and 5 components of a reply to a good faith request. Type of Respondent: Transmission Requestors and Transmitting Utilities. Estimate of Annual Burden: The Commission estimates the annual public reporting burden for the information collection as: --------------------------------------------------------------------------- \8\ The estimates for cost per response are derived using the following formula: Average Burden Hours per Response * $70.50 per Hour = Average Cost per Response. The cost per hour figure is the FERC average salary plus benefits. Subject matter experts found that industry employment costs closely resemble FERC's regarding the FERC-716 information collection. FERC-716 (Good Faith Requests for Transmission Service and Good Faith Responses by Transmitting Utilities Under Sections 211(a) and 213(a) of the Federal Power Act (FPA)) -------------------------------------------------------------------------------------------------------------------------------------------------------- Average Total annual Number of Annual number Total number burden and burden hours Cost per respondents of responses of responses cost per and total respondent ($) per respondent response \8\ annual cost (1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)/(1) -------------------------------------------------------------------------------------------------------------------------------------------------------- Information exchange between parties.................... 3 1 3 100 300 7050 $7050 $21,150 Application submitted to FERC if parties' negotiations 3 1 3 2.5 7.5 176.25 are unsuccessful....................................... $176.25 $528.75 ----------------------------------------------------------------------------------------------- Total............................................... .............. .............. 6 .............. 307.5 7,226.25 $21,678.75 -------------------------------------------------------------------------------------------------------------------------------------------------------- Dated: February 11, 2015. Kimberly D. Bose, Secretary. [FR Doc. 2015-03146 Filed 2-13-15; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Notices 8301
the collection of information on those No. IC15–1–000, by either of the the Energy Policy Act of 2005 (EPAct
who are to respond, including the use following methods: 2005).1
of automated collection techniques or • eFiling at Commission’s Web site: EPAct 2005 repealed the Public
other forms of information technology. http://www.ferc.gov/docs-filing/ Utility Holding Company Act of 1935
Dated: February 9, 2015. efiling.asp. (PUHCA 1935) in its entirety, and
adopted in its place the Public Utility
Kimberly D. Bose, • Mail/Hand Delivery/Courier: Holding Company Act of 2005 (PUHCA
Secretary. Federal Energy Regulatory Commission, 2005). This change enabled the
[FR Doc. 2015–03106 Filed 2–13–15; 8:45 am] Secretary of the Commission, 888 First Commission to exempt from the
BILLING CODE 6717–01–P Street NE., Washington, DC 20426. requirements of PUHCA 2005 the
Instructions: All submissions must be holding companies that hold
formatted and filed in accordance with responsibility over wholesale generators
DEPARTMENT OF ENERGY submission guidelines at: http:// from PUHCA 2005 on a case-by-case
www.ferc.gov/help/submission- basis. The Commission amended its
Federal Energy Regulatory
guide.asp. For user assistance contact regulations (in Order No. 667 2) to add
Commission
FERC Online Support by email at procedures for self-certification by
[Docket No. IC15–1–000] ferconlinesupport@ferc.gov, or by phone entities seeking exempt wholesale
at: (866) 208–3676 (toll-free), or (202) generator (EWG) and Foreign Utility
Commission Information Collection 502–8659 for TTY. Company (FUCO) status. This self-
Activities (FERC–598 & FERC–716); certification is similar to the process
Docket: Users interested in receiving
Comment Request available to entities that seek qualifying
automatic notification of activity in this
AGENCY: Federal Energy Regulatory docket or in viewing/downloading facility status.
Commission, DOE. comments and issuances in this docket An EWG is a ‘‘person engaged
ACTION: Comment request. may do so at http://www.ferc.gov/docs- directly, or indirectly through one or
filing/docs-filing.asp. more affiliates . . . and exclusively in
SUMMARY: In compliance with the the business of owning or operating, or
FOR FURTHER INFORMATION CONTACT: both owning and operating, all or part
requirements of the Paperwork
Reduction Act of 1995, 44 U.S.C. Ellen Brown may be reached by email of one or more eligible facilities and
3507(a)(1)(D), the Federal Energy at DataClearance@FERC.gov, by selling electric energy at wholesale.’’ 3 A
Regulatory Commission (Commission or telephone at (202) 502–8663, and by fax FUCO is a company that ‘‘owns or
FERC) is submitting its information at (202) 273–0873. operates facilities that are not located in
collections FERC–598 (Self-Certification SUPPLEMENTARY INFORMATION: any state and that are used for the
for Entities Seeking Exempt Wholesale Type of Request: Three-year extension generation, transmission, or distribution
Generator Status or Foreign Utility of the information collection of electric energy for sale or the
Company Status) and FERC–716 [Good requirements for all collections distribution at retail of natural or
Faith Requests for Transmission Service described below with no changes to the manufactured gas for heat, light, or
and Good Faith Responses by current reporting requirements. Please power, if such company: (1) Derives no
Transmitting Utilities Under Sections note that each collection is distinct from part of its income, directly or indirectly,
211(a) and 213(a) of the Federal Power the next. from the generation, transmission, or
Act (FPA)] to the Office of Management distribution of electric energy for sale or
and Budget (OMB) for review of the Comments: Comments are invited on: the distribution at retail of natural or
information collection requirements. (1) Whether the collections of manufactured gas for heat, light, or
Any interested person may file information are necessary for the proper power, within the United States; and (2)
comments directly with OMB and performance of the functions of the neither the company nor any of its
should address a copy of those Commission, including whether the subsidiary companies is a public-utility
comments to the Commission as information will have practical utility; company operating in the United
explained below. The Commission (2) the accuracy of the agency’s States.’’
previously issued a Notice in the estimates of the burden and cost of the An EWG, FUCO, or its representative
Federal Register (79 FR 68424, 11/17/ collections of information, including the seeking to self-certify its status must file
2014) requesting public comments. The validity of the methodology and with the Commission a notice of self-
Commission received no comments on assumptions used; (3) ways to enhance certification demonstrating that it
either the FERC–598 or the FERC–716 the quality, utility and clarity of the satisfies the definition of EWG or FUCO.
and is making this notation in its information collections; and (4) ways to In the case of EWGs, the person filing
submittal to OMB. minimize the burden of the collections a notice of self-certification must also
of information on those who are to file a copy of the notice of self-
DATES: Comments on the collection of
respond, including the use of automated certification with the state regulatory
information are due by March 19, 2015.
collection techniques or other forms of authority of the state in which the
ADDRESSES: Comments filed with OMB, information technology.
identified either by the OMB Control facility is located and that person must
No. 1902–0166 (FERC–598) or 1902– FERC–598 (Self-Certification for also represent to the Commission in its
0170 (FERC–716) should be sent via Entities Seeking Exempt Wholesale
1 Energy Policy Act of 2005, Public Law 109–58,
email to the Office of Information and Generator Status or Foreign Utility
119 Stat. 594 (2005).
tkelley on DSK3SPTVN1PROD with NOTICES
Regulatory Affairs: oira_submission@ Company Status) 2 Repeal of the Public Utility Holding Company
omb.gov. Attention: Federal Energy Act of 1935 and Enactment of the Public Utility
OMB Control No.: 1902–0166. Holding Company Act of 2005, 70 FR 75592 (2005),
Regulatory Commission Desk Officer.
The Desk Officer may also be reached Abstract: The Commission uses the order on rehearing, Order 667–A, 71 FR 28446
data in the FERC–598 information (2006), order on rehearing, Order 667–B, 71 FR
via telephone at 202–395–4718. 42750 (2006), order on rehearing, Order 667–C, 118
A copy of the comments should also collection to implement the statutory FERC 61133 (2007).
be sent to the Commission, in Docket provisions of Title XII, subchapter F of 3 18 CFR 366.1.
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![8302 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Notices
submission that it has filed a copy of the Commission implements its Type of Respondent: EWGs and
notice with the appropriate state responsibilities through the Code of FUCOs.
regulatory authority.4 Federal Regulations (CFR) Title 18 Part Estimate of Annual Burden: The
Submission of the information 366. These filing requirements are Commission estimates the annual public
collected by FERC–598 is necessary for mandatory for entities seeking to self- reporting burden for the information
the Commission to carry out its certify their EWG or FUCO status.
responsibilities under EPAct 2005.5 The collection as:
FERC–598 (SELF-CERTIFICATION FOR ENTITIES SEEKING EXEMPT WHOLESALE GENERATOR STATUS OR FOREIGN UTILITY
COMPANY STATUS)
Annual number of Average burden Total annual Cost per
Number of Total number of
responses per & cost per burden hours & respondent
respondents responses
respondent response 6 total annual cost $
(1) (2) (1)*(2) = (3) (4) (3)*(4) = (5) (5) ÷ (1)
EWGs/FUCOs ...... 102 1 102 6 612 $423
$423 $43,146
6 The estimates for cost per response are derived using the following formula: Average Burden Hours per Response.
* $70.50 per Hour = Average Cost per Response. The cost per hour figure is the FERC average salary plus benefits. Subject matter experts
found that industry employment costs closely resemble FERC’s regarding the FERC–598 information collection.
FERC–716, [Good Faith Requests for if the negotiations between the section 211 of the FPA. By developing
Transmission Service and Good Faith transmission requestor and the the standards, the Commission sought to
Responses by Transmitting Utilities transmitting utility are unsuccessful. encourage an open exchange of data
Under Sections 211(a) and 213(a) of the For the initial process, the information with a reasonable degree of specificity
Federal Power Act (FPA) 7] is not filed with the Commission. and completeness between the party
However, the request and response may requesting transmission services and the
OMB Control No.: 1902–0170. be analyzed as a part of a Section 211 transmitting utility. As a result, 18 CFR
Abstract: The Commission uses the action. The Commission may order 2.20 identifies 12 components of a good
information collected under the transmission services under the faith estimate and 5 components of a
requirements of FERC–716 to authority of FPA 211. reply to a good faith request.
implement the statutory provisions of The Commission’s regulations in the Type of Respondent: Transmission
Sections 211 and Section 213 of the Code of Federal Regulations (CFR), 18 Requestors and Transmitting Utilities.
Federal Power Act as amended and CFR 2.20, provide standards by which Estimate of Annual Burden: The
added by the Energy Policy Act 1992. the Commission determines if and when Commission estimates the annual public
FERC–716 also includes the a valid good faith request for reporting burden for the information
requirement to file a Section 211 request transmission has been made under collection as:
FERC–716 (GOOD FAITH REQUESTS FOR TRANSMISSION SERVICE AND GOOD FAITH RESPONSES BY TRANSMITTING
UTILITIES UNDER SECTIONS 211(a) AND 213(a) OF THE FEDERAL POWER ACT (FPA))
Annual Average Total annual Cost per
Number of number of Total number burden and burden hours respondent
respondents responses per of responses cost per and total ($)
respondent response 8 annual cost
(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)÷(1)
Information exchange between parties .... 3 1 3 100 300 7050
$7050 $21,150
Application submitted to FERC if parties’
negotiations are unsuccessful .............. 3 1 3 2.5 7.5 176.25
$176.25 $528.75
Total .................................................. ........................ ........................ 6 ........................ 307.5 7,226.25
$21,678.75
Dated: February 11, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015–03146 Filed 2–13–15; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE 6717–01–P
4 18 CFR 366.7. and Application) under Sections 211 and 213a of Response. The cost per hour figure is the FERC
5 42 U.S.C. 16451 et seq. the Federal Power Act’’. average salary plus benefits. Subject matter experts
7 Previously titled ‘‘Transmission Services (Good
8 The estimates for cost per response are derived found that industry employment costs closely
using the following formula: Average Burden Hours resemble FERC’s regarding the FERC–716
Faith Request, Response by Transmitting Utility,
per Response * $70.50 per Hour = Average Cost per information collection.
VerDate Sep<11>2014 16:51 Feb 13, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 9990 E:\FR\FM\17FEN1.SGM 17FEN1](https://thefederalregister.org/doc/80_FR_8332/page/2.svg)
Document Created: 2015-12-18 13:19:14
Document Modified: 2015-12-18 13:19:14
| 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 | Notices | |
| Action | Comment request. | |
| Dates | Comments on the collection of information are due by March 19, 2015. | |
| Contact | Ellen Brown may be reached by email at [email protected], by telephone at (202) 502-8663, and by fax at (202) 273-0873. | |
| FR Citation | 80 FR 8301 |
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