[Federal Register: August 31, 2009 (Volume 74, Number 167)]
[Notices]
[Page 44833-44835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au09-65]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. IC09-500-001 and IC09-505-001]
Commission Information Collection Activities (FERC-500 and FERC-
505); Comment Request; Submitted for OMB Review
August 24, 2009.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice.
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SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission or FERC) has submitted the
information collections described below 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 received no comments in response to the Federal Register
notice (74 FR 16377, 4/10/2009) and has made this notation in its
submissions to OMB.
DATES: Comments on the collections of information are due by September
30, 2009.
ADDRESSES: Address comments on the collections of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o oira__
submission@omb.eop.gov and include OMB Control Numbers 1902-0058 (for
FERC-500) and 1902-0115 (for FERC-505) as points of reference. For
comments that pertain to only one of the collections, specify the
appropriate collection. The Desk Officer may be reached by telephone at
202-395-4638.
A copy of the comments should also be sent to the Federal Energy
Regulatory Commission and should refer to Docket Nos. IC09-500-001 and
IC09-505-001. Comments may be filed either electronically or in paper
format. Those persons filing electronically do not need to make a paper
filing. Documents filed electronically via the Internet must be
prepared in an acceptable filing format and in compliance with the
Federal Energy Regulatory Commission submission guidelines. Complete
filing instructions and acceptable filing formats are available at
http://www.ferc.gov/help/submission-guide/user-guide.pdf. To file the
document electronically, access the Commission's Web site and click on
Documents & Filing, E-Filing (http://www.ferc.gov/docs-filing/
efiling.asp), and then follow the instructions for each screen. First
time users will have to establish a user name and password. The
Commission will send an automatic acknowledgement to the sender's e-
mail address upon receipt of comments.
For paper filings, an original and 2 copies of the comments should
be submitted to the Federal Energy Regulatory Commission, Secretary of
the Commission, 888 First Street, NE., Washington, DC 20426, and should
refer to Docket Nos. IC09-500-001 and IC09-505-001.
All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the ``eLibrary'' link. For user
assistance, contact fercolinesupport@ferc.gov or toll-free at (866)
208-3676 or for TTY, contact (202) 502-8659.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by
telephone at (202) 502-8663, by fax at (202) 273-0873, and by e-mail at
ellen.brown@ferc.gov.
SUPPLEMENTARY INFORMATION: For the purpose of publishing this notice
and seeking public comment, FERC requests comments on both FERC-500
(``Application for License/Relicense for Water Projects with Capacity
Greater than 5 MW''; OMB Control No. 1902-0058) and FERC-505
(``Application for License/Relicense for Water Projects with Capacity 5
MW or Less''; OMB Control No. 1902-0115). The associated regulations,
reporting requirements, burdens, and OMB clearance numbers will
continue to remain separate and distinct for FERC-500 and FERC-505.
FERC-500: The information collected under the requirements of FERC-
500 is used by the Commission to determine the broad impact of a
hydropower project (including hydrokinetic projects) license
application. In deciding whether to issue a license, the Commission
gives equal consideration to a full range of licensing purposes related
to the potential value of a stream, river, or other navigable waterway
including the oceans. Among these purposes are: hydroelectric or
hydrokinetic development; energy conservation; fish and wildlife
resources (including their spawning grounds and habitat); visual
resources; cultural resources; recreational opportunities; other
aspects of environmental quality; irrigation; flood control and water
supply. Submittal of the information is
[[Page 44834]]
necessary to fulfill the requirements of the Federal Power Act in order
for the Commission to determine whether the proposal is best adapted to
a comprehensive plan for improving or developing a waterway(s).
Under Part I of the Federal Power Act (FPA; 16 U.S.C. 791a et
seq.), the Commission has the authority to issue licenses for
hydroelectric projects on the waters over which Congress has
jurisdiction. The Electric Consumers Protection Act (ECPA; Pub. L. 99-
495, 100 Stat. 1243) provides the Commission with the responsibility of
issuing licenses for nonfederal hydroelectric plants. ECPA also amended
the language of the FPA concerning environmental issues to ensure
environmental quality. In Order No. 2002 (68 FR 51070, August 25,
2003), the Commission revised its regulations to create a new licensing
process in which a potential license applicant's pre-filing
consultation and the Commission's scoping process pursuant to the
National Environmental Policy Act (NEPA; 42 U.S.C. 4321) are conducted
concurrently rather than sequentially.
The information collected is needed: (1) To evaluate license
applications pursuant to the comprehensive development standard of FPA
sections 4(e) and 10(a)(1), (2) to consider the comprehensive
development analysis of certain factors with respect to the new license
set forth in section 15, and (3) to comply with NEPA, Endangered
Species Act (16 U.S.C. 1531 et seq.) and the National Historic
Preservation Act (16 U.S.C. 470 et seq.). FERC staff conducts a
systematic review of the application, with supplemental documentation
provided through the solicitation of comments from other agencies and
the public.
Submittal of the FERC-500 information is necessary for the
Commission to carry out its Statutory responsibilities as defined in
the filing requirements in 18 CFR 4.32, 4.38, 4.40-41, 4.50-51, 4.61,
4.71, 4.93, 4.107-108, 4.201-.202, Part 5, 16.1, 16.10, 16.20, 292.203
and 292.208.
FERC-505: Submission of the information is necessary for the
Commission to carry out its responsibilities in implementing the
statutory provisions of Part I of the FPA (16 U.S.C. 791a et seq. &
3301-3432, as amended by the ECPA (Pub. L. 99-495, 100 Stat. 1234
(1986)). The FPA as amended by ECPA provides the Commission with the
responsibility of issuing licenses for nonfederal hydroelectric power
plants, plus requiring the Commission in its licensing activities to
give equal consideration to preserving environmental quality. ECPA also
amended sections 10(a) and 10(j) of the FPA to specify the conditions
on which hydropower licenses are issued, to direct that the project be
adopted in accordance with a comprehensive plan that improves waterways
for interstate/foreign commerce and for the protection, enhancement and
mitigation of damages to fish and wildlife.
Submittal of the information is necessary to fulfill the
requirements of Sections 9 and 10(a) of the Act in order for the
Commission to make the required finding that the proposal is
technically and environmentally sound, and is best adapted to a
comprehensive plan for the development of the water resources of the
region. Under section 405(c) of the Public Utility Regulatory Policies
Act of 1978 (PURPA), the Commission may in its discretion (by rule or
order) grant an exemption in whole or in part from the requirements of
Part I of the FPA to small hydroelectric power projects having a
proposed installed capacity of 5,000 kilowatts or less (5-MW
exemption). The filing requirements to prepare an application for a 5-
MW exemption in lieu of a licensing application are also included in
this analysis. The information collected under FERC-505 is used by
Commission staff to determine the broad impact of a license (including
licenses for hydrokinetic projects) or exemption application.
The information collected for license applications is needed to
evaluate the hydroelectric project pursuant to the comprehensive
development standard of FPA sections 4(e) and 10(a)(1), to consider in
the comprehensive development analysis certain factors with respect to
the new license as set forth in section 15, and to comply with NEPA,
the Endangered Species Act (16 U.S.C. 1531 et seq.) and the National
Historic Preservation Act (16 U.S.C. 470 et seq.). The information
collected for 5-MW exemption applications is needed to evaluate the
hydroelectric project for compliance with NEPA, the Endangered Species
Act (16 U.S.C. 1531 et seq.), and the National Historic Preservation
Act (16 U.S.C. 470 et seq.). FERC staff conducts a systematic review of
the prepared application with supplemental documentation provided by
the solicitation of comments from other agencies and the public.
The filing requirements are contained in 18 CFR 4.61, 4.71, 4.93,
4.107, 4.108, 4.201, 4.202, Part 5, 292.203, and 292.208.
ACTION: The Commission is requesting three-year extensions of the
current expiration dates for FERC-500 and FERC-505, with no change to
the existing reporting requirements.
Burden Statement: The estimated annual public reporting burdens and
the associated public costs follow.\1\
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\1\ These figures may not be exact, due to rounding.
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Projected
Projected Number of average burden Total annual
Data collection \2\ \3\ number of responses per hours per burden hours
respondents respondent response
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Annual Estimate for FERC-500................... 6 1 105,839.5 635,037
Annual Estimate for FERC-505................... 16 1 3,674 58,782
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\2\ Per sections 4.41(e)(9), 4.51(e)(7) and 4.61(c)(3), applicants are now required to submit their total cost
of collection; these figures were used in determining the average burden hours. The information presented here
is based on actual Fiscal Year (FY) 2007 and FY 2008 filings.
\3\ The Commission has three licensing processes; each process has its own requirements and schedules. More
details are available at http://www.ferc.gov/industries/hydropower/gen-info/licensing/licen-pro.asp.
Using actual cost figures provided by filers \2\, the average
annual cost per respondent is estimated as follows.
[[Page 44835]]
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Total annual cost
Number of filers of collection, Projected average
Data collection providing actual for the filers annual cost per
cost figures providing data in respondent ($)
column 2 ($) \2\
(1) (2) (3) (3)/(2)
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FERC-500............................................... 17 $109,331,372 $6,431,257
FERC-505............................................... 14 3,123,000 223,071
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The reporting burden \2\ includes the total time, effort, or
financial resources expended to generate, maintain, retain, disclose,
or provide the information including: (1) Reviewing instructions; (2)
developing, acquiring, installing, and utilizing technology and systems
for the purposes of collecting, validating, verifying, processing,
maintaining, disclosing and providing information; (3) adjusting the
existing ways to comply with any previously applicable instructions and
requirements; (4) training personnel to respond to a collection of
information; (5) searching data sources; (6) completing and reviewing
the collection of information; and (7) transmitting, or otherwise
disclosing the information.
The estimate of cost for respondents \2\ is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
Comments are invited on: (1) Whether the proposed 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 of the proposed collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information to be collected;
and (4) ways to minimize the burden of the collections of information
on those who are to respond, including the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Kimberly D. Bose,
Secretary.
[FR Doc. E9-20850 Filed 8-28-09; 8:45 am]
BILLING CODE 6717-01-P