[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Pages 38620-38625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19126]


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DEPARTMENT OF ENERGY

Energy Information Administration


Agency Information Collection and Dissemination Activities: 
Comment Request

AGENCY: Energy Information Administration, DOE.

ACTION: Agency electric power information collection and dissemination 
activities: Proposed confidentiality comment request.

-----------------------------------------------------------------------

SUMMARY: The Energy Information Administration (EIA) is soliciting 
comments concerning the proposed revision to the EIA procedure of 
confidentiality treatment given to electric power data collected and 
disseminated by the EIA through a series of primarily mandatory surveys 
(Form EIA-411 is voluntary). This notice lists the electric power data 
elements the EIA considers could cause substantial competitive harm if 
made available to the public and EIA is proposing that these elements 
will be considered confidential if the provider documents substantial 
harm due to unrestricted disclosure.

DATES: Written comments must be submitted by August 31, 1998. The 
urgency to review and implement this policy requires close adherence to 
the scheduled comment period. If unusual circumstances arise during the 
comment period which could cause a delay in meeting the scheduled 
response date, please notify the contact person listed below at once. 
Effort will be made to accommodate all interested responders to this 
notice.

ADDRESSES: Send comments to John G. Colligan, EI-53; Energy Information 
Administration, U.S. Department of Energy, 1000 Independence Avenue, 
S.W.; Washington, D.C. 20585-0650; (202) 426-1174; e-mail 
[email protected]; and fax (202) 426-1311.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the electric power forms and instructions should be directed 
to John Colligan at the address listed above. Please note, the EIA is 
not seeking comments on the survey forms per se, but rather on the 
level of confidentiality of specific data elements. A separate notice 
regarding forms design is being published and distributed.

SUPPLEMENTARY INFORMATION:

I. Background
II. Current Actions
III. Request for Comments

I. Background

    In order to fulfill its responsibilities under the Federal Energy 
Administration Act of 1974 (FEAA) (Pub. L. 93-275) and the Department 
of Energy Organization Act (Pub. L. 95-91), the Energy Information 
Administration (EIA) is obliged to carry out a central, comprehensive, 
and unified energy data and information program. As part of this 
program, EIA collects, evaluates, assembles, analyzes, and disseminates 
data and information related to energy resource reserves, production, 
demand, and technology, and related economic and statistical 
information relevant to the adequacy of energy resources to meet 
demands in the near and longer term future for the Nation's economic 
and social needs.
    The EIA, as part of its continuing effort to reduce paperwork and 
respondent burden (required by the Paperwork Reduction Act of 1995 
(Pub. L. 104-13)), conducts a presurvey consultation program to provide 
the general public and other Federal agencies with an opportunity to 
comment on proposed and/or continuing reporting forms. This program 
helps to prepare data requests in the desired format, minimize 
reporting burden, develop clearly understandable reporting forms, and 
assess the impact of collection requirements on respondents. Also, EIA 
will later seek approval by the Office of Management and Budget (OMB) 
for the collections under Section 3507(h) of the Paperwork Reduction 
Act of 1995 (Pub. L. 104-13, Title 44, U.S.C. Chapter 35).
    The EIA conducts surveys to collect electric power data from 
electric utilities, electric power marketers, nonutility electric power 
producers (cogenerators, small power producers, and other nonutility 
electric power generators), and the North American Electric Reliability 
Council regions. The electric power data collected include but are not 
limited to: ownership; accounting/financial; generation; type and 
character of fuels consumed; capacity; heat rates; heat rate 
components; demand; purchases; sales; peak loads; imports/exports; 
revenues; plants; equipment; distribution systems; reliability; load 
management; and environmental data. EIA also collects projections of 
load, capacity, and other related information.
    The EIA surveys used to collect this data and other information 
are:

EIA-411, ``Coordinated Bulk Power Supply Program;''
EIA-412, ``Annual Report of Public Electric Utilities;''

[[Page 38621]]

EIA-417R, ``Electric Power Systems Emergency Report;''
EIA-759, ``Monthly Power Plant Report;''
EIA-767, ``Steam-Electric Plant Operation and Design Report;''
EIA-826, ``Monthly Electric Utility Sales and Revenue Report with State 
Distributions;''
EIA-860, ``Annual Electric Generator Report;''
EIA-861, ``Annual Electric Utility Report;''
EIA-867, ``Annual Nonutility Power Producer Report;'' and
EIA-900, ``Monthly Nonutility Sales for Resale Report.''

(The surveys currently in use to collect electric power data are 
subject to change reflecting the transformation of the electric power 
industry. The EIA is also publishing a notice in the Federal Register, 
at this time outlining proposed individual forms changes.)

II. Current Actions

    With the restructuring of the generation segment of the electric 
power industry, the question of confidential treatment of the electric 
power data collected and disseminated by the EIA has become preeminent. 
Under existing EIA procedure, in accordance with the Freedom of 
Information Act (FOIA), all electric utility data, except heat rate, 
are available to the public. Most electric power data collected from 
the nonutility industry are treated as commercially sensitive and not 
releasable in disaggregated form. The EIA has followed this procedure 
since inception of the nonutility form(s) based on the nature of that 
market.
    With the implementation of the Federal Energy Regulatory Commission 
(FERC) Orders 888 and 889, which facilitated wholesale electricity 
generation competition, and the initiation of retail competition in 
some states, the EIA is addressing the concern of data confidentiality, 
through a series of notices to the public which address the need for a 
change to the confidentiality of submitted data survey forms. This will 
result in an amended procedure that will both balance the public's 
right-to-know, and the proprietary right of the electric power 
generators to conduct business.
    The EIA's initial action was a request for comment(s) from 
interested parties and those who might be affected by changes in the 
EIA confidentiality procedure. The call for comments was widely 
publicized through a Federal Register notice (FRn), and announcements 
on the Internet. (Refer to Federal Register: January 13, 1998 (Volume 
63, Number 8) [pp 1960-1962]. The EIA extended the comment period of 
the notice beyond the customary 60 days, to accommodate all potential 
responders. EIA received 116 responses, (Appendix A) several from 
organizations representing more than a single entity. Many of the 
comments discussed the legal requirements related to confidentiality of 
data submitted to the EIA. The respondents presented cogent arguments 
on all sides of the issue which is the foundation of the EIA procedure 
being presented here.
    In developing a policy of confidential treatment of electric power 
data collected by the EIA that is fair and equitable, the EIA weighed 
the concerns of the industry (as reported in their comments) with the 
legal implications of any action(s) taken and the laws governing the 
EIA survey collection series. The laws and regulations considered are:

a--Trade Secrets Act, (18 U.S.C. 1905)
b--Freedom of Information Act (FOIA), (5 U.S.C. 552)
c--Department of Energy, Freedom of Information Act (FOIA) Regulations, 
(10 C.F.R. 1004)
d--Clean Air Act (as it applies to emissions data), (42 U.S.C. 85)
e--Paperwork Reduction Act, (44 U.S.C. 35)
a--Trade Secrets Act
    A trade secret is defined in narrow terms: as a secret commercially 
valuable plan, formula, process, or device that is used for the making, 
preparing, compounding or processing of trade commodities and that can 
be said to be the end product of either innovation or substantial 
effort. The collection and dissemination, by the EIA of electric power 
data does not include trade secret information or data. By definition 
the Trade Secrets Act is not pertinent to the issue of confidentiality 
of the EIA electric power data collection series.
b--Freedom of Information Act (FOIA)
    The concept of FOIA is an open policy favoring disclosure. There is 
a presumption that disclosure is appropriate, with some limited 
exemptions. Exemption 4 of FOIA covers confidential commercial or 
financial information. However, exemptions to FOIA are narrowly 
construed. The test, under exemption 4 of FOIA, of whether to disclose 
or to withhold data at the company/plant level is a two prong 
examination depending on whether the submission is voluntary or 
required. FOIA does not contain specific provisions on information 
sharing.
    Where information is submitted voluntarily, disclosure under FOIA 
is appropriate only if the data provider and/or industry organizations 
(in which the data provider holds membership) customarily make the data 
available to the public. The fact that a custodian of the data makes it 
available to the public is not considered voluntary submission by the 
submitter.
    All EIA electric power data collections (except Form EIA-411) are 
mandatory surveys. Where information is required to be submitted, the 
test for FOIA disclosure is whether disclosure would cause substantial 
competitive harm. The question of whether substantial competitive harm 
will in fact occur (by release of data to the public) is a highly fact-
specific one. The harm must be substantial, a mere negative effect 
alone does not meet the standard of substantial harm. Actual 
competition is a prerequisite if seeking exception from disclosure 
under FOIA. The entity must be operating in a competitive market, not a 
non-competitive market. Blanket allegations of harm will not suffice as 
proof of substantial harm. The burden is on the entity seeking 
confidential treatment of data. When granting an exemption under FOIA, 
the question of balance between public interest and the rights of the 
submitter are always at issue.
c--Department of Energy (DOE), FOIA Regulations
    The DOE complies with the FOIA regulations both in letter and in 
spirit. The fact that the EIA has considered specific data elements 
nonconfidential or confidential in the past does not preclude a 
reevaluation of its position on confidentiality of individual data 
elements at any time. The electric power industry changes as do the 
circumstances of data reporting. The change in circumstances could 
affect disclosure of data collected in prior years by the EIA. For 
example, if data are relatively unchanged but the disclosure rule is 
now different, the new rule might prevail for disclosure of all such 
data collected in prior years. The final EIA procedure will clarify 
this point. If underlying data are confidential it is usually 
acceptable to disclose the data at an aggregated level without 
revealing the data submitter. DOE also complies with the Paperwork 
Reduction Act of 1995 which provides that a Federal agency may make 
confidential information available to another Federal agency if the 
disclosure is not inconsistent with applicable law. The EIA may make 
confidential information available to another Federal Agency if it will 
be used for statistical purposes only. In accordance with section 12(f) 
of the FEAA, the

[[Page 38622]]

Comptroller General or the Secretary shall disclose information in a 
manner designed to protect its confidentiality to (1) other Federal 
government departments, agencies, and officials for official use upon 
request; (2) committees of Congress upon request; and (3) a court in 
any judicial proceeding under court order.
d--Clean Air Act
    The Clean Air Act prohibits confidential treatment of emissions 
data. The Environmental Protection Agency's (EPA) FOIA implementing 
regulations has determined that emissions data are defined broadly and 
includes ``information necessary to determine the identity, amount, 
frequency, concentration, or other characteristics (to the extent 
related to air quality) of any emission which has been emitted by the 
source * * *''. (EPA is one of the sponsors of Form EIA-767.)

Proposed Procedure

    The EIA is proposing an update to its procedure on the confidential 
treatment of electric power data collected through the survey series 
listed above. The proposed changes are based on the review of the 
comments received from all sectors of the industry, and consideration 
of the laws and regulations discussed above.
    It is the intent of the EIA to establish a procedure of equal 
public disclosure treatment for all market participants. The data 
elements designated in this document (Table 1) have a potential to be 
harmful to the submitter, if released without restriction. Such harm, 
if it exists, could qualify the individual submitter's data for 
exemption from unrestricted release under the provision(s) of FOIA. 
Circumstances vary from reporting entity to reporting entity. It is the 
responsibility of the respondent(s) seeking protection under FOIA to 
declare the fact-specific occasions that will cause damages, and 
explain how their company is directly affected. The burden is on the 
respondent to authenticate and document the likelihood of substantial 
harm, and the need for nondisclosure of specific data. To show 
substantial competitive harm, the respondent must document the 
existence of actual competition, how a competitor would use the data to 
gain a substantial competitive advantage, and that the data are not 
available from another source. Even if the respondent appears to meet 
the burden of proof, the EIA is required to balance the harm to the 
respondent against the public interest severed by disclosure.
    It should be understood that the EIA's identification of these 
elements is based on the comments received from the January 1998 
solicitation and a thorough review of the laws and regulations. Each 
respondent seeking nondisclosure protection, for individually-
identifiable data, should establish that prerogative when submitting 
that entity's data to the EIA on the applicable survey(s).
    All other data collected by the EIA on the surveys listed in 
Section I, Background, will be treated as nonconfidential. Listed in 
Appendix B are most of the major data elements ( by Form) that will not 
be treated as confidential.

                  Table 1.--Confidential Data Elements                  
------------------------------------------------------------------------
               Data elements                       Forms affected       
------------------------------------------------------------------------
Future--generating capacity:                EIA-411 generator(s)        
  1--retirement dates                        planning data for: (a)     
  2--changes to existing units               existing (changes to); (b) 
  3--planned generating unit data            retirement date(s) (c) new 
                                             generators (all            
                                             information)               
                                            EIA-767 planning data for:  
                                             (a) new plants/equip.; (b) 
                                             equipment updates; (c)     
                                             retirement date(s)         
                                            EIA-860 planning data for:  
                                             (a) generator updates; (b) 
                                             retirement date(s); (c) new
                                             generator(s)               
                                            EIA-867 planning data for   
                                             equipment                  
Heat rates:                                 EIA-411 (a) heat rate data  
                                            EIA-767 (a) boiler          
                                             efficiency                 
                                            EIA-860 (a) heat rate data  
1--Sales for resale                         EIA-412 name(s), quantities,
                                             demand charges, energy/    
                                             other charges, revenue/    
                                             settlements                
                                            2--Contracts                
                                            EIA-867 names, maximum      
                                             contract amount, amount    
                                             delivered                  
Wholesale purchases/contracts with sellers  EIA-412 name(s), quantities,
                                             demand charges, purchased/ 
                                             exchanged, energy/other    
                                             charges, total costs       
                                            EIA-867 name(s), maximum    
                                             contract amount, amount    
                                             delivered                  
Fuel inventory--stocks                      EIA-759                     
Financial data--environmental equipment     EIA-767                     
Sales end user(s) name(s)                   EIA-867 name(s), maximum    
                                             contract, amount delivered 
------------------------------------------------------------------------

III. Request for Comments

    Prospective respondents and other interested parties should comment 
on the actions discussed in Section II, Current Actions. We are seeking 
comments on the issue of confidentiality only at this time. General 
comments on the forms themselves will be solicited under another FRn 
soon to be published. The EIA is taking this approach in order not to 
confuse form(s) design and survey coverage(s) with the issue of 
confidentiality of the electric power data. The following guidelines 
are provided to assist in the preparation of responses.

General Issues

    The general issue of this notice is to advise and seek comments on 
the EIA's proposed revised procedure of confidentiality treatment of 
data elements collected on its several electric power survey form(s), 
from all interested parties. Table 1 lists the electric power data 
elements the EIA considers could cause substantial competitive harm if 
made available to the public. The EIA is proposing that these elements 
will be considered confidential if the provider documents substantial 
harm due to unrestricted disclosure. Please comment on this proposal.

As a Potential Respondent

    While the general rule under FOIA is full disclosure there are 
limited

[[Page 38623]]

exemptions. The question of whether data collected by the EIA's 
electric power survey(s) series will qualify for an exemption is not 
exact. The critical test is: will the release of the data element (at 
the plant identifiable unit level) cause or is likely to cause 
substantial competitive harm? The presumption of the FOIA favors 
disclosure, placing the burden on the data provider to document the 
likelihood of such harm.
    As a potential respondent to an EIA electric power survey, please 
discuss what data elements collected on EIA's electric power surveys 
would cause you substantial competitive harm if your individually-
identifiable data were released. Specifically, you should address the 
following: (1) is your information available from other public sources; 
and (2) how would release of your data cause you substantial 
competitive harm. Your response must be specific; broad statements not 
addressing specific data elements are not useful in deciding on what 
data elements, if any, should be considered as confidential.

As a Potential User

    A. As a potential user of data collected in EIA's electric power 
surveys, please discuss what data you need in company-identifiable form 
and why aggregate data where individual confidentiality is maintained 
would not be adequate for your needs. Additionally, please document the 
harm and the extent of loss you would endure by not having 
individually-identifiable specific data.
    As new data needs on electric power are identified in the future 
and are considered for inclusion in EIA's surveys, the confidentiality 
treatment of any new data element(s) will be subject to the same 
procedure and considerations discussed above. Before new element(s) are 
included in surveys, EIA will request comments through its presurvey 
consultation program and will seek OMB approval.
    Comments received in response to this Federal Register notice may 
be included in materials submitted to OMB and will be available to the 
public.

    Statutory Authority: Section 3506 (c)(2)(A) of the Paperwork 
Reduction Act of 1995 (Pub. L. No. 104-13).

    Issued in Washington, D.C. July 14, 1998.
Jay E. Hakes,
Administrator, Energy Information Administration.

Appendix A

 List of Companies Responding to Federal Register Notice of January 13, 
                                  1998                                  
------------------------------------------------------------------------
        ID                  Company                      Type           
------------------------------------------------------------------------
1................  Alaska Electric Light &   Utility.                   
                    Power Co.                                           
2................  Allegheny Power.........  Utility.                   
3................  American Public Power     Association.               
                    Association.                                        
4................  American Corporate        Consultant.                
                    Resources, Inc.                                     
5................  Arizona Corporation       State/Regulator.           
                    Commission.                                         
6................  Association of Electric   Association.               
                    Cooperatives.                                       
7................  Baltimore Gas & Electric  Utility.                   
                    Co.                                                 
8................  Bernadette K. Geyer.....  Private Citizen.           
9................  Bonneville Power          Federal Gov.               
                    Administration.                                     
10...............  Brickfield/Burchette-For  Electric Coop.             
                    3 Texas Coop's.                                     
11...............  California Energy         State/Regulator.           
                    Commission.                                         
12...............  Carolina Power & Light    Utility.                   
                    Co.                                                 
13...............  Center for Clean Air      Environmental.             
                    Policy.                                             
14...............  Central & South West      Utility.                   
                    Services, Inc.                                      
15...............  Coalition For Local       Citizen Group.             
                    Power.                                              
16...............  Colorado/Dept. Public     State/Regulator.           
                    Health/Environment.                                 
17...............  Colorado/Dept.            State/Regulator.           
                    Regulatory Agencies.                                
18...............  Commonwealth Edison Co--  Utility.                   
                    Environmental.                                      
19...............  Commonwealth Edison Co--  Utility.                   
                    Attorney For.                                       
20...............  Commonwealth Edison Co--  Utility.                   
                    Law Dept.                                           
21...............  Conservation              Citizen Group.             
                    Consultants, Inc.                                   
22...............  CONSOL Inc..............  Energy Co.                 
23...............  Consumers Energy........  Utility.                   
24...............  Coordinated Energy Ltd..  Consultant.                
25...............  Detroit Edison..........  Utility.                   
26...............  Duke Energy Corporation.  Utility.                   
27...............  Edison Electric           Association.               
                    Institute.                                          
28...............  Electric Power Group....  Consultant.                
29...............  Electric Power Supply     Association.               
                    Association.                                        
30...............  Energy Market & Policy    Consultant.                
                    Analysis, Inc.                                      
31...............  Energy..................  Utility.                   
32...............  First Energy............  Utility.                   
33...............  Friends Of The Earth....  Environmental.             
34...............  Groundwork..............  Environmental.             
35...............  Hawaiian Electric Co.     Utility.                   
                    Inc.                                                
36...............  Illinois Power..........  Utility.                   
37...............  Indiana Dept. Commerce..  State/Regulator.           
38...............  Iowa Dept. Natural        State/Regulator.           
                    Resources.                                          
39...............  J.D. McKenzie...........  Consultant.                
40...............  James Kotcon............  Consultant.                
41...............  Kansas City Power &       Utility.                   
                    Light Co.                                           
42...............  Katherine M. Phillips...  Private Citizen.           
43...............  Kenneth D. Hammett......  Private Citizen.           
44...............  Komanoff Energy           Consultants.               
                    Associates.                                         
45...............  Laclede Gas Co..........  Energy Co.                 
46...............  Land & Water Fund.......  Environmental.             
47...............  M. Cubed................  Consultant.                

[[Page 38624]]

                                                                        
48...............  Maryland Energy           State/Regulator.           
                    Administration.                                     
49...............  MDU Resources Group.....  Utility.                   
50...............  Michigan State--College   College/Univ.              
                    of Business.                                        
51...............  Michigan Municipal        Association.               
                    Electric Association.                               
52...............  Michigan--Dept Consumer   State/Regulator.           
                    & Industry Services.                                
53...............  Mid Atlantic Area         Association.               
                    Council.                                            
54...............  Mid American............  Utility.                   
55...............  Mike Turcotte...........  Private Citizen.           
56...............  Missouri--Dept. of        State/Regulator.           
                    Natural Resources.                                  
57...............  Missouri--Division of     State/Regulator.           
                    Energy.                                             
58...............  MSB Energy Associates,    Consultant.                
                    Inc.                                                
59...............  N. Carolina Dept.         State/Regulator.           
                    Environment/Natural                                 
                    Resources.                                          
60...............  National Mining           Association.               
                    Association.                                        
61...............  National Association of   Association.               
                    State Officials.                                    
62...............  National Resources        Association.               
                    Defense Council.                                    
63...............  National Rural Electric   Electric Coop.             
                    Cooperative Association.                            
64...............  National Assoc.           Association.               
                    Regulatory Utility                                  
                    Commissioners.                                      
65...............  National Assoc. State     Association.               
                    Utility Consumer                                    
                    Advocates.                                          
66...............  Native Forest Network...  Citizen Group.             
67...............  New York Energy Research/ State/Regulator.           
                    Development Authority.                              
68...............  New England Conference    Association.               
                    PUC Commissioners, Inc.                             
69...............  New Century Energies....  Utility.                   
70...............  New Jersey Dept.          State/Regulator.           
                    Environmental                                       
                    Protection.                                         
71...............  North American Electric   Association.               
                    Reliability Council.                                
72...............  Northeast States          Association.               
                    Coordinated Air Use                                 
                    Management.                                         
73...............  Nuclear Energy Institute  Association.               
74...............  Pacific Gas & Electric    Utility.                   
                    Co.                                                 
75...............  Paine Webber............  Financial.                 
76...............  PECO Energy Co..........  Utility.                   
77...............  Pete Salinas, Jr........  Private Citizen.           
78...............  Philadelphia Public       State/Regulator.           
                    Health/Services Air/Man.                            
79...............  Potomac Electric Power    Utility                    
                    Co.                                                 
80...............  Public Citizen..........  Citizen Group              
81...............  Public Service Company    Utility.                   
                    of New Mexico.                                      
82...............  Public Citizens Critical  Citizen Group.             
                    Mass Energy Project--1.                             
83...............  Public Citizens Critical  Citizen Group.             
                    Mass Energy Project--2.                             
84...............  Public Citizens Critical  Citizen Group.             
                    Mass Energy Project--3.                             
85...............  PUC of Ohio.............  State/Regulator.           
86...............  Puget Sound Energy, Inc.  Utility.                   
87...............  Resource Data             Consultant.                
                    International.                                      
88...............  Resources for the Future  Consultant.                
89...............  Right-to-Know Energy      Citizen Group.             
                    Information.                                        
90...............  Sigcorp Inc.............  Utility.                   
91...............  Southern California       Utility.                   
                    Edison.                                             
92...............  Southern Company........  Utility.                   
93...............  Southern Environmental    Environmental.             
                    Law Center.                                         
94...............  Steve Osterday..........  Private Citizen.           
95...............  Tampa Electric Co.......  Utility.                   
96...............  Terrence Kurtz..........  Private Citizen.           
97...............  Texas Utilities Electric  Utility.                   
                    Co.                                                 
98...............  Tucson Electric Power Co  Utility.                   
99...............  U. of Delaware Energy &   College/Univ.              
                    Environmental Policy.                               
100..............  Union of Concerned        Environmental.             
                    Scientists.                                         
101..............  University of Wisconsin-  College/Univ.              
                    Madison.                                            
102..............  U.S. Senate James M.      Federal Gov.               
                    Jeffords (Vermont).                                 
103..............  U.S. Environmental        Federal Gov.               
                    Protection Agency.                                  
104..............  U.S. Dept Comm. Bureau    Federal Gov.               
                    Economic Analysis.                                  
105..............  U.S. Dept. of             Federal Gov.               
                    Agriculture.                                        
106..............  Utility Power Group.....  Consultant.                
107..............  Vanston Shaw............  Private Citizen.           
108..............  Virginia Tech Center/     College/Univ.              
                    Coal & Energy Research.                             
109..............  Virginia Power..........  Utility.                   
110..............  Washington-Dept./         State/Regulator.           
                    Community/Trade/Econ-                               
                    Devel..                                             
111..............  Washington-Utilities/     State/Regulator.           
                    Transport Commission.                               
112..............  Western Resources.......  Utility.                   
113..............  William Kreuter.........  Consultant.                
114..............  Wisconsin--Dept. of       State/Regulator.           
                    Justice.                                            
115..............  Wisconsin Public Service  Utility.                   
                    Corporation.                                        
116..............  Working Assets..........  Consultant.                
------------------------------------------------------------------------


[[Page 38625]]

Appendix B

        List of Data Elements That Will Not Be Held Confidential        
------------------------------------------------------------------------
          Data elements                        Forms affected           
------------------------------------------------------------------------
Existing generating capacity       EIA-411 all data not listed as       
                                    confidential on existing generating 
                                    units such as identifiers, type,    
                                    capacity, fuel, commercial operation
                                    date                                
                                   EIA-767 all data not listed as       
                                    confidential on steam-electric plant
                                    configuration such as existing      
                                    boiler design parameters (excluding 
                                    heat rates & retirement date),      
                                    existing plant configuration,       
                                    existing generator information      
                                   EIA-860 all data not listed as       
                                    confidential on existing generating 
                                    units such as identifiers, type,    
                                    capacity, fuel, commercial operation
                                    date                                
                                   EIA-867 existing facility QF or EWG  
                                    status, nameplate rating, existing  
                                    electric generator identification/  
                                    nameplate rating/ generating unit   
                                    type/prime mover type/energy source 
Net or Gross Generation            EIA-412 net generation by steam,     
                                    nuclear, hydro, other               
                                   EIA-759 net generation by plant &    
                                    energy source                       
                                   EIA-767 net monthly generation by    
                                    generator                           
                                   EIA-867 gross generation by generator
                                   EIA-900 gross generation by facility 
Fuel Consumption                   EIA-759 fuel consumption             
                                   EIA-767 fuel consumed by boiler      
                                    (quantity and quality)              
                                   EIA-867 quantity and quality of fuel 
                                    consumed                            
Environmental Characteristics      EIA-767 byproduct distribution for   
                                    the year, air emission standards by 
                                    boiler, existing cooling system/    
                                    particulate collector/flue gas      
                                    desulfurization/stack and flue      
                                    design parameters and information   
                                   EIA-867 facility environmental       
                                    equipment information               
Financial Data                     EIA-412 public electric utility      
                                    financial data not listed as        
                                    confidential: balance sheet, income 
                                    statement, cash flows, cost of plant
                                    in service, taxes, O&M expenses,    
                                    employee statistics                 
Emergency Reports                  EIA-417R                             
Retail Sales, Revenue, & Number    EIA-826 monthly sales, revenue,      
 of Consumers                       number of consumers by customer     
                                    class by State                      
                                   EIA-861 annual sales, revenue, number
                                    of consumers by customer class by   
                                    State, electric operating revenues  
                                   EIA-867 sales to end users           
                                   EIA-900 monthly sales to end users   
   Sources & Disposition of        EIA-861                              
 Energy                                                                 
                                   EIA-867                              
                                   EIA-900 monthly sales for resale     
Demand Side Management             EIA-861                              
 Information                                                            
Distribution System Information    EIA-861                              
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[FR Doc. 98-19126 Filed 7-16-98; 8:45 am]
BILLING CODE 6450-01-P