[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72537-72540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33592]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 141

[Docket No. RM00-3-000; Order No. 611]


Updates to Instructions for FERC Form No. 1 Filings

    Issued December 21, 1999.

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
updating and correcting its regulations for filings by major electric 
utilities, licensees, and others. More specifically, this Final Rule 
updates and corrects the Commission's FERC Form No. 1 filing 
instructions to: Provide for submission of data over the Internet 
rather than by diskette; revise certain routing symbols, office 
numbers, and a title; add a sentence to note that penalty for failure 
to file only applies if there is a valid control number; and correct 
typographical errors.

EFFECTIVE DATE: This final rule is effective on January 1, 2000.

FOR FURTHER INFORMATION CONTACT:
Hadas Z. Kozlowski (Legal Information), Office of General Counsel, 
Federal Energy Regulatory Commission, 888 First Street, NE, Washington, 
DC 20426, Telephone: (202) 208-1029
Brian A. Holmes (Technical Information), Office of Finance, Accounting, 
and Operations, Federal Energy Regulatory Commission, 888 First Street, 
NE, Washington, DC 20426, Telephone: (202) 219-2618

SUPPLEMENTARY INFORMATION: In addition to publishing the full text of 
this document in the Federal Register, the Commission provides all 
interested persons an opportunity to view and/or print the contents of 
this document via the Internet through FERC's Home Page (http://
www.ferc.fed.us) and in FERC's Public Reference Room during normal 
business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First 
Street, N.E., Room 2A, Washington, DC 20426.
    From FERC's Home Page on the Internet, this information is 
available in both the Commission Issuance Posting

[[Page 72538]]

System (CIPS) and the Records and Information Management System (RIMS).
    --CIPS provides access to the texts of formal documents issued by 
the Commission since November 14, 1994.
    --CIPS can be accessed using the CIPS link or the Energy 
Information Online icon. The full text of this document will be 
available on CIPS in ASCII and WordPerfect 8.0 format for viewing, 
printing, and/or downloading.
    --RIMS contains images of documents submitted to and issued by the 
Commission after November 16, 1981. Documents from November 1995 to the 
present can be viewed and printed from FERC's Home Page using the RIMS 
link or the Energy Information Online icon. Descriptions of documents 
back to November 16, 1981, are also available from RIMS-on-the-Web; 
requests for copies of these and other older documents should be 
submitted to the Public Reference Room.
    User assistance is available for RIMS, CIPS, and the Website during 
normal business hours from our Help line at (202) 208-2222 (E-Mail to 
WebM[email protected]) or the Public Reference at (202) 208-1371 (E-
Mail to [email protected]).
    During normal business hours, documents can also be viewed and/or 
printed in FERC's Public Reference Room, where RIMS, CIPS, and the FERC 
Website are available. User assistance is also available.
    Before Commissioners: James J. Hoecker, Chairman; Vicky A. 
Bailey, William L. Massey, Linda Breathitt, and Curt Hebert, Jr.

I. Introduction

    The Federal Energy Regulatory Commission is updating and correcting 
the filing instructions for FERC Form No. 1: Annual Report of Major 
Electric Utilities, Licensees, and Others (Form No. 1), which is 
prescribed by Part 141 of the Commission's regulations,1 to 
make them consistent with current practice. The Final Rule provides for 
submitting data electronically over the Internet rather than by 
diskette, revises certain routing symbols, office numbers, and a title, 
adds a new sentence noting that penalty for failure to file only 
applies if there is a valid control number, and corrects various 
typographical errors.
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    \1\ 18 CFR Part 141.
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II. Background

    The Commission, in the exercise of its authority under the Federal 
Power Act, collects data pertaining to the electric utility industry in 
the United States.2 One of the principal forms used for 
collection of this information is Form No. 1, which is submitted 
annually by some 209 electric utilities and licensees. Form No. 1 
consists of cover pages, four pages of general information and 
instructions, and 117 pages of schedules incorporating financial and 
operational information pertaining to the respondent companies. Form 
No. 1 also requires that certain financial information be certified by 
an independent certified public accountant 3 as conforming 
to the Commission's Uniform System of Accounts.4
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    \2\ 16 U.S.C. 825, 825c.
    \3\ 18 CFR 41.11.
    \4\ 18 CFR Part 101.
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    Prior to last year, the Commission's Form No. 1 software provided 
for submitting data files on diskette. Last year, however, the 
Commission developed a Windows 95 version of the Form No. 1 software, 
which was used by respondents to submit data files over the Internet. 
Upgraded software, a Windows 95/98/NT version which replaces the DOS 
version previously used, is now available; the submission format was 
changed to facilitate data entry and data base loading, improve data 
integrity, and to provide Y2K compliance.
    This Final Rule conforms the instructions to Form No. 1 at pages i, 
ii, and iii to reflect editorial changes and existing practice.

III. Discussion

    As currently written, the instructions sections of the Form No. 1 
provide for the filing of data by diskette. Because the Commission's 
Form No. 1 software now provides for the electronic submission of data 
over the Internet, Instruction III, What and Where to Submit, on Page i 
will be revised to state that entities shall ``Submit this form 
electronically through the Form 1 Submission Software'' instead of the 
phrase ``on electronic media consisting of two (2) duplicate data 
diskettes.'' Similarly, the words ``contained on the electronic media'' 
will be revised to read ``the electronic filing,'' the words 
``electronic media filing'' will be revised to read ``electronic 
filing,'' and the words ``on the electronic media'' will be revised to 
read ``electronic filing.'' In addition, the Office of the Secretary's 
room number will be revised to read ``Room 1A'' and the Chief 
Accountant's room number will be deleted.
    On Page ii, the words ``(c) Continued Reference'' will be revised 
to read ``(c) Continued,'' the words ``Use the following form'' will be 
revised to read ``Use the following format.'' In addition, the Public 
Reference and Files Maintenance Branch room and route symbol will be 
revised to read ``Room 2A, CI-1.''
    The Final Rule also corrects, on Page ii, Instruction V, Where to 
Send Comments on Public Reporting Burden. The routing symbol for Mr. 
Michael Miller will now read ``CI-1,'' and his correct title is 
``Clearance Officer'' not ``Desk Officer.''
    In addition, the public is protected against a collection of 
information that does not meet the requirements of the Paperwork 
Reduction Act (P.L. 104-13) (1995). Specifically, if a collection of 
information does not display a currently valid Office of Management and 
Budget (OMB) control number, fails to inform the respondent that a 
response is not required unless the collection of information displays 
a valid OMB control number, or has been disapproved by the OMB, then 
the public is not obligated to respond. Accordingly, the Final Rule 
adds, after the words ``Clearance Officer for the Federal Energy 
Regulatory Commission'' the words ``No person shall be subject to any 
penalty if this collection of information does not display a valid 
control number. (44 U.S.C. 3512(a). 5 CFR 1320.6a.)''
    Finally, Instruction VII, of Page iii, provides guidance on what 
and where to make Form No. 1 resubmissions, and the Final Rule provides 
that this also be done electronically, by revising it to provide:

For any resubmissions, submit the electronic filing using the Form 1 
Submission Software and an original and six (6) conformed paper 
copies of the entire Form, as well as the appropriate number of 
copies of the subscription statement indicated at instruction 
III(a). Resubmissions must be numbered sequentially on the cover 
page of the paper copies of the Form. In addition, the cover page of 
each paper copy must indicate that the filing is a resubmission. 
Send the resubmissions to the address indicated at instruction 
III(a).

IV. Information Collection Statement

    The OMB regulations require OMB to approve certain reporting and 
recordkeeping (collections of information) imposed by agency 
rule.5 The information collection requirements in this Final 
Rule are contained in Form No. 1, ``Annual Report of Major electric 
utilities, licensees, and others'' (OMB Control No. 1902-0021). Because 
this Final Rule does not involve new information requirements, will 
have a minimal effect on current information collections, and codifies 
existing practice, there is no need to obtain OMB approval. However, 
the Commission is

[[Page 72539]]

sending a copy to OMB for informational purposes only.
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    \5\ 5 CFR 1320.12.
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    Title: FERC Form No. 1 Annual Report of Major Electric Utilities, 
Licensees, and Others.
    Action: Proposed Data Collection
    OMB Control No. 1902-0021
    Respondents subject to the filing requirements of this Final Rule 
will not be penalized for failing to respond to this collection of 
information, unless the collection of information displays a valid OMB 
control number.
    Respondents: Major electric utilities, licensees, and certain 
defined others.
    Frequency of Responses: Annually.
    Reporting Burden: While the reporting burden for Form No. 1 is 
254,353 hours for all respondents, this Final Rule merely conforms the 
filing instructions to existing practice.
    Necessity of Information: The Final Rule revises the filing 
instructions for Form No. 1, which is required by 18 CFR Part 141, and 
which is necessary for fulfilling the requirements of the Federal Power 
Act, including that the Commission may collect data pertaining to the 
electric utility industry in the United States.
    Interested persons may obtain information on the reporting 
requirements by contacting the Federal Energy Regulatory Commission, 
888 First Street, N.E., Washington, DC 20426 (Attention: Michael 
Miller, Office of the Chief Information Officer, (202) 208-1415), or 
send comments to the Office of Management and Budget, Room 10202 NEOB, 
Washington, DC 20503 (Attention: Desk Officer for the Federal Energy 
Regulatory Commission, (202) 395-3087, fax: (202) 395-7285).

V. National Environmental Policy Act Analysis

    The Commission concludes that promulgating this Final Rule does not 
represent a major Federal action having a significant adverse effect on 
the human environment under the Commission's regulations implementing 
the National Environmental Policy Act.6 This Final Rule is 
procedural in nature and does not substantially change the effect of 
the regulation being amended. In addition, the Final Rule involves 
information gathering, analysis, and dissemination. Therefore, this 
Final Rule falls within the categorical exemptions provided in the 
Commission's regulations.7 Consequently, neither an 
environmental impact statement nor an environmental assessment is 
required.
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    \6\ 42 U.S.C. 4332.
    \7\ 18 CFR 380.4(a)(2)(ii), (a)(5).
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VI. Regulatory Flexibility Act Certification

    The Regulatory Flexibility Act (RFA) 8 generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
Most respondents do not fall within the definition of ``small entity,'' 
as defined by the RFA.9 Therefore, the Commission certifies 
that promulgating this Final Rule does not represent a major Federal 
action having a significant economic impact on a substantial number of 
small entities.
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    \8\ 5 U.S.C. 601-612.
    \9\ See 5 U.S.C. 601(3).
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VII. Administrative Findings and Effective Date

    Because this rule does not itself alter the substantive rights or 
interests of any interested persons, but rather is merely procedural 
and ministerial in nature, the Commission finds that prior notice and 
comment are unnecessary under the Administrative Procedure 
Act.10
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    \10\ 5 U.S.C. 553(b)(B).
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    Because this rule does not alter the substantive rights or 
interests of any interested persons but rather modifies the submission 
process and otherwise corrects and updates errors, the Commission finds 
good cause to allow this rule to become effective upon less than 30 
days' notice.11 This Final Rule therefore will be made 
effective January 1, 2000.12
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    \11\ 5 U.S.C. 553(d)(3).
    \12\ The Form No. 1 filings are not due to be submitted until on 
or before April 30. 2000.
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VIII. Congressional Notification

    The Small Business Regulatory Enforcement Fairness Act of 1996 
requires agencies to report to Congress on the promulgation of certain 
final rules prior to their effective dates.13 That reporting 
requirement does not apply to this Final Rule, however. The Commission 
finds that this Final Rule does not substantially affect the rights or 
obligations of non-agency parties, and therefore falls within a 
statutory exception for rules relating to agency procedures or 
practices that do not substantially affect the rights or obligations of 
non-agency parties.14
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    \13\ 5 U.S.C. 801.
    \14\ 5 U.S.C. 804(3)(C).
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List of Subjects in 18 CFR Part 141

    Electric power, reporting and recordkeeping requirements.

    By the Commission.
David P. Boergers,
Secretary.

Instructions for Filing the FERC Form No. 1

GENERAL INFORMATION

I. Purpose

    This form is a regulatory support requirement (18 CFR 141.1). It 
is designed to collect financial and operational information from 
major electric utilities, Licensees and others subject to the 
jurisdiction of the Federal Energy Regulatory Commission. This 
report is also secondarily considered to be a nonconfidential public 
use form supporting a statistical publication (Financial Statistics 
of Selected Electric Utilities), published by the Energy Information 
Administration.

II. Who Must Submit

    Each major electric utility, licensee, or other, as classified 
in the Commission's Uniform System of Accounts Prescribed for Public 
Utilities and Licensees Subject To the Provisions of The Federal 
Power Act (18 CFR 101), must submit this form.

    Note: Major means having, in each of the three previous calendar 
years, sales or transmission service that exceeds one of the 
following:
    (1) one million megawatt hours of total annual sales,
    (2) 100 megawatt hours of annual sales for resale,
    (3) 500 megawatt hours of annual power exchanges delivered, or
    (4) 500 megawatt hours of annual wheeling for others (deliveries 
plus Losses).

III. What and Where to Submit

    (a) Submit this form electronically through the Form 1 
Submission Software and an original and six (6) conformed paper 
copies, properly filed in and attested, to: Office of the Secretary, 
Federal Energy Regulatory Commission, 888 First Street, NE., Room 
1A, Washington, DC 20426.
    Retain one copy of this report for your files.
    Include with the original and each conformed paper copy of this 
form the subscription statement required by 18 CFR 385.2011(c)(5). 
Paragraph (c)(5) of 18 CFR 385.2011 requires each respondent 
submitting data electronically to file a subscription stating that 
the paper copies contain the same information as the electronic 
filing, that the signer knows the contents of the paper copies and 
electronic filing, and that the contents as stated in the copies and 
electronic filing are true to the best knowledge and belief of the 
signer.
    (b) Submit, immediately upon publication, four (4) copies of the 
Latest annual report to stockholders and any annual financial or 
statistical report regularly prepared and distributed to 
bondholders, security analysts, or industry associations. (Do not 
include monthly and quarterly reports. Indicate by checking the 
appropriate box on Page 4, List of Schedules, if the reports to 
stockholders will be submitted or if no annual report to 
stockholders is prepared.) Mail these reports to: Chief Accountant, 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426.

[[Page 72540]]

    (c) For the CPA certification, submit with the original 
submission, or within 30 days after the filing date for this form, a 
Letter or report (not applicable to respondents classified as Class 
C or Class D prior to January 1, 1984):
    (i) Attesting to the conformity, in all material aspects, of the 
below listed (schedules and) pages with the Commission's applicable 
Uniform Systems of Accounts (including applicable notes relating 
thereto and the Chief Accountant's published accounting releases), 
and
    (ii) Signed by independent certified public accountants or an 
independent Licensed public accountant certified or Licensed by a 
regulatory authority of a State or other political subdivision of 
the U.S. (See 18 CFR 41.10-41.12 for specific qualifications.)

------------------------------------------------------------------------
                                                               Reference
                          Schedules                              pages
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Comparative Balance Sheet....................................    110-113
Statement of Income..........................................    114-117
Statement of Retained Earnings...............................    118-119
Statement of Cash Flows......................................    120-121
Notes to Financial Statements................................    122-123
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When accompanying this form, insert the Letter or report immediately 
following the cover sheet. When submitting after the filing date for 
this form, send the letter or report to the office of the Secretary 
at the address indicated at III (a).
    Use the following format for the Letter or report unless unusual 
circumstances or conditions, explained in the Letter or report, 
demand that it be varied. Insert parenthetical phrases only when 
exceptions are reported.

    In connection with our regular examination of the financial 
statements of      for the year ended on which we have reported 
separately under date of        We have also reviewed schedules      
  of FERC Form No. 1 for the year filed with the Federal Energy 
Regulatory Commission, for conformity in all material respects with 
the requirements of the Federal Energy Regulatory Commission as set 
forth in its applicable Uniform System of Accounts and published 
accounting releases. Our review for this purpose included such tests 
of the accounting records and such other auditing procedures as we 
considered necessary in the circumstances.
    Based on our review, in our opinion the accompanying schedules 
identified in the preceding paragraph (except as noted below) 
conform in all material respects with the accounting requirements of 
the Federal Energy Regulatory Commission as set forth in its 
applicable Uniform System of Accounts and published accounting 
releases.

    State in the letter or report, which, if any, of the pages above 
do not conform to the Commission's requirements. Describe the 
discrepancies that exist.
    (d) Federal, State and Local Governments and other authorized 
users may obtain additional blank copies to meet their requirements 
free of charge from: Public Reference and Files Maintenance Branch, 
Federal Energy Regulatory Commission, 888 First Street, NE. Room 2A 
ES-1 Washington, DC 20426, (202) 208-2474.

IV. When To Submit

    Submit this report form on or before April 30th of the year 
following the year covered by this report.

V. Where to Send Comments on Public Reporting Burden.

    The public reporting burden for this collection of information 
is estimated to average 1,217 hours per response, including the time 
for reviewing instructions, searching existing data sources, 
gathering and maintaining the data-needed, and completing and 
reviewing the collection of information. Send comments regarding 
this burden estimate or any aspect of this collection of 
information, including suggestions for reducing this burden, to the 
Federal Energy Regulatory Commission, 888 First Street N.E., 
Washington, DC 20426 (Attention: Mr. Michael Miller, CI-1); and to 
the Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, DC 20503 (Attention: Desk Officer 
for the Federal Energy Regulatory Commission). No person shall be 
subject to any penalty if this collection of information does not 
display a valid control number. (44 U.S.C. 3512(a).)
    I. Prepare this report in conformity with the Uniform System of 
Accounts (18 CFR 101) (U.S. of A.). Interpret all accounting words 
and phrases in accordance with the U. S. of A.
    II. Enter in whole numbers (dollars or MWH) only, except where 
otherwise noted. (Enter cents for averages and figures per unit 
where cents are important. The truncating of cents is allowed except 
on the four basic financial statements where rounding is required.) 
The amounts shown on all supporting pages must agree with the 
amounts entered on the statements that they support. When applying 
thresholds to determine significance for reporting purposes, use for 
balance sheet accounts the balances at the end of the current 
reporting year, and use for statement of income accounts the current 
year's amounts.
    III. Complete each question fully and accurately, even if it has 
been answered in a previous annual report. Enter the word ``None'' 
where it truly and completely states the fact.
    IV. For any page(s) that is not applicable to the respondent, 
omit the page(s) and enter ``NA,'' ``NONE,'' or ``Not Applicable'' 
in column (d) on the List of Schedules, pages 2, 3, and 4.
    V. Enter the month, day, and year for all dates. Use customary 
abbreviations. The ``Date of Report'' included in the header of each 
page is to be completed only for resubmissions (see VII. below). The 
date of the resubmission must be reported in the header for all form 
pages, whether or not they are changed from the previous filing.
    VI. Generally, except for certain schedules, all numbers, 
whether they are expected to be debits or credits, must be reported 
as positive. Numbers having a sign that is different from the 
expected sign must be reported by enclosing the numbers in 
parentheses.
    VII. For any resubmissions, submit the electronic filing using 
the Form 1 Submission Software and an original and six (6) conformed 
paper copies of the entire form, as well as the appropriate number 
of copies of the subscription statement indicated at instruction III 
(a). Resubmissions must be numbered sequentially on the cover page 
of the paper copies of the form. In addition, the cover page of each 
paper copy must indicate that the filing is a resubmission. Send the 
resubmissions to the address indicated at instruction III (a).
    VIII. Do not make references to reports of previous years or to 
other reports in lieu of required entries, except as specifically 
authorized.
    IX. Wherever (schedule) pages refer to figures from a previous 
year, the figures reported must be based upon those shown by the 
annual report of the previous year, or an appropriate explanation 
given as to why the different figures were used.

Definitions

    I. Commission Authorization (Comm. Auth.)--The authorization of 
the Federal Energy Regulatory Commission, or any other Commission. 
Name the commission whose authorization was obtained and give date 
of the authorization.
    II. Respondent--The person, corporation, licensee, agency, 
authority, or other Legal entity or instrumentality in whose behalf 
the report is made.

[FR Doc. 99-33592 Filed 12-27-99; 8:45 am]
BILLING CODE 6717-01-P