[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Notices]
[Page 15472-15474]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap09-60]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC09-914-000]
Commission Information Collection Activities (FERC-914); Comment
Request; Extension
March 30, 2009.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of proposed information collection and request for
comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the requirements of section 3506(c)(2)(a)
of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Federal
Energy Regulatory Commission (Commission or FERC) is soliciting public
comment on the specific aspects of the information collection described
below.
DATES: Comments on the collection of information are due June 1, 2009.
ADDRESSES: Comments may be filed either electronically or in paper
format, and should refer to Docket No. IC09-914-000. Documents must be
prepared in an acceptable filing format and in compliance with
Commission submission guidelines at http://www.ferc.gov/help/
submission-guide.asp.
Comments may be eFiled. The eFiling option, under the Documents &
Filings tab on the Commission's home Web page (http://www.ferc.gov),
directs users to the eFiling Web page. First-time users follow the
eRegister instructions on the eFiling Web page to establish a user name
and password before eFiling. Filers will receive an e-mailed
confirmation of their filed comments. Commenters filing electronically
should not make a paper filing. If electronic filing is not possible,
deliver original and 14 paper copies of the filing to: Federal Energy
Regulatory Commission, Secretary of the Commission, 888 First Street,
NE., Washington, DC 20426.
Parties interested in receiving automatic notification of activity
in this docket may do so through eSubscription. The eSubscription
option under the Documents & Filings tab on the Commission's home Web
page directs users to the eSubscription Web page. Users submit the
docket numbers of the filings they wish to track and will subsequently
receive an e-mail notification each time a filing is made under the
submitted docket numbers. First-time users will need to establish a
user name and password before eSubscribing.
[[Page 15473]]
Filed comments and FERC issuances may be viewed, printed and
downloaded remotely from the Commission's Web site. The eLibrary link
found at the top of most of the Commission's Web pages directs users to
FERC's eLibrary. From the eLibrary Web page, choose General Search, and
in the Docket Number space provided, enter IC09-914 then click the
Submit button at the bottom of the page. For help with any of the
Commission's electronic submission or retrieval systems, e-mail FERC
Online Support: ferconlinesupport@ferc.gov, or telephone toll-free:
(866) 208-3676 (TTY (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: FERC is requesting comments on the FERC-
914,\1\ ``Cogeneration and Small Power Production--Tariff Filings'',
OMB Control No. 1902-0231. The information filed in FERC-914 enables
the Commission to exercise its wholesale electric rate and electric
power transmission oversight and enforcement responsibilities in
accordance with the Federal Power Act, the Department of Energy
Organization Act (DOE Act) and EPAct 2005.
---------------------------------------------------------------------------
\1\ Normally, these requirements and burden would be included in
FERC-516, ``Electric Rate Schedule Filings'' (OMB Control No.1902-
0096). However, FERC-516 is currently the subject of OMB review, so
the Commission will continue to track these requirements (and the
related burden hours) separately under FERC-914 [formerly labeled
``FERC-914(516)'']. FERC-914 covers the tariff filing requirements
under 18 CFR Part 35 for those qualifying facilities that do not
meet the exemption requirements in 18 CFR Part 292.
In the future, FERC plans to incorporate the FERC-914 reporting
requirements and related burden into the FERC-516.
---------------------------------------------------------------------------
In Orders 671 and 671-A,\2\ the Commission revised its regulations
that govern qualifying small power production and cogeneration
facilities. Among other things, the Commission eliminated certain
exemptions from rate regulation that were previously available to
qualifying facilities (QFs). New qualifying facilities may need to make
tariff filings if they do not meet the new exemption requirements of 18
CFR Part 292.
---------------------------------------------------------------------------
\2\ Revised Regulations Governing Small Power Production and
Cogeneration Facilities, Order No. 671, 71 FR 7852 (Feb. 15, 2006),
FERC Stats. & Regs. ] 31,203 (2006); and Revised Regulations
Governing Small Power Production and Cogeneration Facilities, Order
671-A, 71 FR 30585 (May 30, 2006), in Docket No. RM05-36.
---------------------------------------------------------------------------
Section 205(c) of the FPA requires that every public utility have
all of its jurisdictional rates and tariffs on file with the Commission
and make them available for public inspection, within such time and in
such form as the Commission may designate. Section 205(d) of the FPA
requires that every public utility must provide notice to FERC and the
public of any changes to its jurisdictional rates and tariffs, file
such changes with FERC, and make them available for public inspection,
in such manner as directed by the Commission. In addition, FPA section
206 requires FERC, upon complaint or its own motion, to modify existing
rates or services that are found to be unjust, unreasonable, unduly
discriminatory or preferential. FPA section 207 further requires the
Commission upon complaint by a state commission and a finding of
insufficient interstate service, to order the rendering of adequate
interstate service by public utilities, the rates for which would be
filed in accordance with FPA sections 205 and 206.
FERC implemented the Congressional mandate of EPAct 2005 to
establish criteria for new qualifying cogeneration facilities by: (1)
Amending the exemptions available to qualifying facilities from the FPA
and from PUHCA [resulting in the burden imposed by FERC-914, the
subject of this Notice]; (2) ensuring that these facilities are using
their thermal output in a productive and beneficial manner; that the
electrical, thermal, chemical and mechanical output of new qualifying
cogeneration facilities is used fundamentally for industrial,
commercial, residential or industrial purposes; and there is a
continuing progress in the development of efficient electric energy
generating technology; (3) amending the FERC Form 556 \3\ to reflect
the criteria for new qualifying cogeneration facilities; and (4)
eliminating ownership limitations for qualifying cogeneration and small
power production facilities. FERC satisfied the statutory mandate and
its continuing obligation to review its policies encouraging
cogeneration and small power production, energy conservation, efficient
use of facilities and resources by electric utilities and equitable
rates for energy customers.
---------------------------------------------------------------------------
\3\ The FERC-556 is cleared separately as OMB Control No. 1902-
0075 and is not a subject of this Notice.
---------------------------------------------------------------------------
Action: The Commission is requesting a three-year extension of the
current expiration date for the FERC-914,\1\ with no changes to the
reporting requirements.
Burden Statement: Public reporting burden for this collection is
estimated at:
----------------------------------------------------------------------------------------------------------------
Number of Number of Average burden
FERC data collection--FERC-914 respondents responses per hours per Total annual
annually respondent response burden hours
(1) (2) (3) (1) x (2) x
(3)
----------------------------------------------------------------------------------------------------------------
FPA Section 205 filings......................... 100 1 183 18,300
Electric quarterly reports (initial)............ 100 1 230 23,000
Electric quarterly reports (later).............. 100 3 6 1,800
Change of status................................ 100 1 3 300
---------------------------------------------------------------
Total....................................... .............. .............. .............. 43,400
----------------------------------------------------------------------------------------------------------------
The estimated total annual cost to respondents is $2,676,966.10
[43,400 hours divided by 2,080 hours \4\ per year, times $128,297 \5\
equals $2,676,966.10]. The cost per respondent is $26,769.66. The
estimated burden covers the qualifying facilities required to file
electric quarterly reports, change of status filings, and tariff
filings to comply with section 205 of the Federal Power Act (FPA).
---------------------------------------------------------------------------
\4\ Number of hours an employee works each year.
\5\ Average annual salary per employee.
---------------------------------------------------------------------------
The reporting burden 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;
[[Page 15474]]
(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 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 collection of
information is 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 estimate of the burden of the
proposed collection 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 collection 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. E9-7574 Filed 4-3-09; 8:45 am]