[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Rules and Regulations]
[Pages 36093-36096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12798]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 35, 141 and 385

[Docket No. RM02-9-000; Order No. 626]


Electronic Filing of FERC Form 1, and Elimination of Certain 
Designated Schedules In FERC Form Nos. 1 and 1-F

Issued: May 16, 2002.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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

SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
amending its regulations under the Federal Power Act (FPA) to provide 
for the electronic filing of its Form 1 (Form 1) and the elimination of 
certain schedules on the Form 1 and Form 1-F (Form 1-F). Commencing 
with the report for calendar year 2002, due April 30, 2003, only 
electronic filings will be accepted; the paper filing requirement will 
be eliminated for the Form 1. Form 1-F respondents must still submit an 
original and one conformed paper copy of a completed form by March 31, 
2003. Also commencing with the report for calendar year 2002, for both 
the Forms 1 and 1-F, the schedules identified below will be eliminated. 
This automation of the Form 1 and the elimination of designated 
schedules to both the Forms 1 and 1-F yield significant benefits to 
respondents, the Commission and to the electric industry as a whole. 
These benefits include more timely analysis and publication of the 
data, increased data analysis capability, reduced cost of data entry 
and retrieval, and an overall reduction in filing burden.

EFFECTIVE DATE: This final rule is effective June 24, 2002.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Morris (Technical Information), Office of Markets, Tariffs 
and Rates, FERC, 888 First Street, NE., Washington, DC 20426, (202) 
208-6990, [email protected].
Bolton Pierce (Electronic System), Office of Information Technology, 
FERC, 888 First Street, NE., Washington, DC 20426, (202) 208-1803, 
[email protected].
    Julia Lake (Legal Information), Office of General Counsel, FERC, 
888 First Street, NE., Washington, DC 20426, (202) 208-2019, 
[email protected].

SUPPLEMENTARY INFORMATION:


[[Page 36094]]


    Before Commissioners: Pat Wood, III, Chairman; William L. 
Massey, Linda Breathitt, and Nora Mead Brownell.

I. Introduction

    This Final Rule revises parts 141 and 385 of the Commission's 
regulations to require the electronic filing of FERC Form 1 ``Annual 
Report of Major Electric Utilities, Licensees and Others'' (Form 1) and 
the elimination of designated schedules from both the Form 1 and Form 
1-F ``Annual Report for Nonmajor Public Utilities, Licensees and 
Others'' (Form 1-F). Beginning with reports for the calendar year 2002, 
due no later than April 30, 2003, there will be no further requirement 
for a hard copy Form 1 filing. The Commission has thoroughly tested the 
software and related elements of the electronic filing mechanism and 
finds that the methodology and mechanics of the system are ready for 
industry-wide electronic filing of Form 1. In addition, the Commission 
finds that the schedules designated below should be eliminated.

II. Background

    Form 1 and 1-F information is collected pursuant to sections 304 
and 309 of the Federal Power Act (FPA), 16 U.S.C. 825c and 825h. The 
Commission collects general corporate information: summary financial 
information, balance sheet and income statement supporting information, 
and electric plant, sales, operating expenses, and statistical data. 
The information is used in the review of the financial condition of 
regulated companies, in various rate proceedings and in the 
Commission's audit program. Form 1 is filed by respondents determined 
to be ``Major Electric Utilities'' and certain hydroelectric utilities 
under the Commission's jurisdiction. A utility is defined as a ``Major 
Electric Utility'' if it meets one of the following requirements: (1) 
At least 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). For the Form 1-F, a 
respondent is defined as a ``Nonmajor Public Utility'' if it meets the 
following requirement: Total annual sales of 10,000 megawatt hours or 
more in the three previous calendar years and is not classified as 
``Major.'' The Commission's Form 1 and 1-F filing requirements are 
found at 18 CFR 141.1 and 141.2.
    The Forms 1 and 1-F are annual submissions from approximately 216 
and 26, respectively, jurisdictional utilities and licensees.

III. Discussion

    Based on a review of the Commission's need for data, and also given 
requests for reductions in the collections of data, the Commission is 
eliminating the schedules listed below:

Form 1

    -Security Holders and Voting Powers (106-107).
    -Construction Overheads-electric (217).
    -General Description of Construction Overhead Procedure 
(218).
    -Nonutility Property (221).
    -Capital Stock Sub, Cap Stock Liability for Con, Prem. Cap 
Stock, & Inst Received (252).
    -Discount on Capital Stock (254).
    -Number of Electric Department Employees (323).
    -Particulars Concerning Certain Income Deduction and 
Interest Charges (340).
    -Electric Distribution Meters and Line Transformers (429).
    -Environmental Protection Facilities (430).
    -Environmental Protection Expenses (431).

Form 1-F

    -Data on Security Holders and Voting Powers (Parts X and 
XI, P. 18).
    -Nonutility Property (121, P. 110).
    -Capital Stock Sub, Cap Stock Liability for Con, Prem. Cap 
Stock, & Inst Received (252, P. 112).
    -Discount on Capital Stock (254, P. 112).
    -Particulars Concerning Certain Income Deduction and 
Interest Charges (340, P. 117).
    -Electric Distribution Meters and Line Transformers (429, 
lines 63 & 65, P. 206).
    -Number of Electric Department Employees (P. 323).
    -Construction Overheads--electric (217, P. 8 Allowance for 
Funds used During Construction).
    On August 7, 2001, the Commission issued a Notice of Proposed 
Information Collection and Request for Comments on the Form 1 in Docket 
IC01-1-000 in the Federal Register proposing that the Form 1 be 
continued for an additional three years, and that the Form 1 be filed 
solely electronically (thus eliminating the paper copy), but that 
certain designated schedules be eliminated.\1\ The Commission then 
issued a Notice of Proposed Information Collection and Request for 
Comments on the Form 1-F in Docket No. IC01-1F-000 in the Federal 
Register.\2\ As it has indicated in the notice for the Form 1, the 
Commission announced in the Form 1-F notice its proposal to continue 
the reporting requirements for an additional three years but to 
eliminate designated schedules. The comments in response to the Form 1 
notice commended the Commission's efforts in reducing the burden by 
providing for electronic submission of the Form 1. Only one commenter 
objected to the elimination of the schedules. None of the comments in 
response to the Form 1-F notice addressed the elimination of the 
schedules. The Office of Management and Budget (OMB) approved the 3-
year extension, the electronic filing of Form 1, and the elimination of 
the schedules from Form 1 on March 29, 2002, and for Form 1-F on April 
2, 2002.
---------------------------------------------------------------------------

    \1\ See 66 FR 41217 (Aug. 7, 2001); see also 67 FR 4243 (Jan. 
29, 2002).
    \2\ See 66 FR 49945 (Oct. 1, 2001); see also 67 FR 4244 (Jan. 
29, 2002).
---------------------------------------------------------------------------

    This final rule implements those proposed changes as approved by 
OMB. The rule is part of the Commission's ongoing efforts to revise and 
streamline the Commission's existing reporting requirements. Electronic 
filing and elimination of the paper copy of Form 1 will reduce the 
burden on reporting utilities. Elimination of the designated schedules 
will also reduce the reporting burden. The final rule also eliminates a 
cross reference to one of the eliminated schedules in  35.25.
    Further notice and comment procedures are not necessary in this 
rulemaking docket because the Commission has already provided 
interested parties with an opportunity to comment on the revisions and 
responded to those comments in Docket Nos. IC01-1-000 and IC01-1F-000.

IV. Environmental Statement

    Commission regulations require that an environmental assessment or 
an environmental impact statement be prepared for any Commission action 
that may have a significant adverse effect on the human environment.\3\ 
No environmental consideration is necessary for the promulgation of a 
rule that is clarifying, corrective, or procedural, or that does not 
substantially change the effect of legislation or regulations being 
amended,\4\ and also for information gathering, analysis, and 
dissemination.\5\ This Final Rule does not substantially change the 
effect of the regulation being amended. In addition, the Final Rule 
involves information gathering, analysis

[[Page 36095]]

and dissemination. Therefore, this Final Rule falls within categorical 
exemptions provided in the Commission's regulations. Consequently, 
neither an environmental impact statement nor an environmental 
assessment is required.
---------------------------------------------------------------------------

    \3\ Regulations Implementing National Environmental Policy Act, 
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. para. 30,783 
(1987).
    \4\ 18 CFR 380.4(a)(2)(ii).
    \5\ 18 CFR 380.4(a)(5).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    The Commission finds that most filing entities regulated by the 
Commission do not fall within the Regulatory Flexibility Act's 
definition of a small entity.\6\ Moreover, this Final Rule will reduce 
the reporting burden and promote consistent reporting practices for all 
reporting companies. Accordingly, the Commission certifies that this 
Final Rule will not have a significant economic impact on a substantial 
number of small entities.
---------------------------------------------------------------------------

    \6\ 5 U.S.C. 601(3), citing to seciton 3 of the Small Business 
Act, 15 U.S.C. 632. Section 3 of the Small Business Act defines a 
``small-business concern'' as a business which is independently 
owned and operated and which is not dominant in its field of 
operation.
---------------------------------------------------------------------------

VI. Information Collection Statement

    The Office of Management and Budget (OMB) regulations require that 
OMB approve certain reporting and record keeping (collections of 
information) imposed by an agency. The information collection 
requirements in this Final Rule are contained in Form 1, ``Annual 
Report of Major Electric Utilities and Licensees and Others'' (OMB 
Control No. 1902-0021) and Form 1-F ``Annual Report for Nonmajor Public 
Utilities, Licensees and Others'' (OMB Control No. 1902-0029). Form 1 
most recently received OMB approval on March 29, 2002 for the period 
through March 2005. Form 1-F received OMB approval on April 2, 2002 for 
the period through April 2005. As part of the renewal process for both 
the Form 1 and 1-F, OMB was notified that the Commission was proposing 
to eliminate the paper submission of the Form 1 and to eliminate the 
designated schedules. The electronic filing initiative is part of the 
Commission's ongoing program to reduce reporting requirements. As 
explained below, the shift to electronic filing of the Form 1 and the 
elimination of designated schedules will reduce the burden on regulated 
companies for maintaining and reporting information under the 
Commission's Form 1 and 1-F regulations.
    Interested persons may obtain information on the reporting 
requirements by contacting the Federal Energy Regulatory Commission, 
888 First Street, NE., Washington, DC 20426 (Attention: Michael Miller, 
Office of the Chief Information Officer, (202) 208-1415) or from the 
Office of Management and Budget, Room 10202 NEOB, Washington, DC 20503 
(Attention: Desk Officer for the Federal Energy Regulatory Commission, 
(202) 395-7318, fax: (202) 395-7285).
    The regulated entity shall not be penalized for failure to respond 
to this collection of information unless the collection of information 
displays a valid OMB control number.
    Title: FERC Form 1, ``Annual Report of Major Electric Utilities, 
Licensees and Others''; FERC Form 1-F, ``Annual Report for Nonmajor 
Public Utilities, Licensees and Others''.
    Action: Revision of Currently Approved Collections of Information.
    OMB Control No.: 1902-0021 and 1902-0029.
    Respondents: Jurisdictional electric utilities and licensees who 
have generation, transmission, distribution and/or sell electric energy 
within the United States and its possessions.
    Frequency of Responses: Annually.
    Reporting Burden: Form 1: At the time of filing for OMB renewal in 
January 2002, there were 216 respondents filing annually. This is an 
increase of 6 respondents from the Commission's last submission in 
1998. The Commission's original estimate for filing the Form 1 was 
1,217 hours per respondent. With the proposed changes to the Form 1, 
the Commission estimates that the filing per respondent will be reduced 
to 1,050 hours. This is a reduction of 167 hours per respondent or 
28,770 in the total hours. Form 1-F: The changes to the Form 1-F 
through the elimination of designated schedules are offset by the 
increase in the number of respondents who now file the report. The 
increase in respondents is a result of the addition of new companies 
meeting the 10,000 megawatt hour and not qualifying as a major electric 
utility threshold. Therefore, as there is an increase in the number of 
respondents (from 7 to 26), notwithstanding the reduction in hours per 
respondents, there will be an increase in the total hours (from 224 to 
832).
    The Commission also estimates there will be burden cost reductions 
realized by the respondents and the Federal government. Previously the 
estimated annualized Form 1 costs to respondents was $64,049 per 
respondents ($13,450,290 total) and with the proposed changes, the 
costs should be $58,857 ($12,713,112). This should result in a savings 
of $5,192 per respondent. For the Federal government, the cost for 
processing Form 1 in 1998 was stated as $193,025 (approximately 1.6 
FTE), however with the changes identified above the annual cost is 
estimated to be $179,828 or a savings of $13,197.
    The Commission has assured itself, by means of its internal review, 
that there is specific, objective support for the burden estimates 
associated with the information requirements. These electronic filing 
requirements conform to the Commission's plan for efficient information 
collection, communication and management within the electric power 
industry. The changes will contribute to well-informed decision-making 
and streamlined workload processing.
    Interested persons may obtain information on the reporting 
requirements by contacting the following: Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426, Attention: 
Michael Miller, Office of the Chief Information Officer, Phone: (202) 
208-1415, fax: (202) 273-0873, e-mail: [email protected].
    For the submission of comments concerning the collection of 
information and the associated burden estimates, please send your 
comments to the contact listed above or to the Office of Management and 
Budget, Office of Information and Regulatory Affairs, Washington, DC 
20503 (Attention: Desk Officer for the Federal Energy Regulatory 
Commission, phone (202) 395-7318, fax: (202) 395-7285).

VII. Document Availability

    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.gov) and in FERC's 
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. 
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    From FERC's Home Page on the Internet, this information is 
available in both the Commission Issuance Posting 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 is 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

[[Page 36096]]

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 
[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.

VIII. Effective Date and Congressional Notification

    This Final Rule will take effect June 24, 2002. The Commission has 
determined, with the concurrence of the Administrator of the Office of 
Information and Regulatory Affairs of the Office of Management and 
Budget, that this rule is not a ``major rule'' within the meaning of 
Section 251 of the Small Business Regulatory Enforcement Fairness Act 
of 1996.\7\ The Commission will submit the Final Rule to both houses of 
Congress and the General Accounting Office.\8\
---------------------------------------------------------------------------

    \7\ 5 U.S.C. 804(2).
    \8\ 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

List of Subjects

18 CFR Part 35

    Electric power rates, Electric utilities, Reporting and 
recordkeeping requirements.

18 CFR Part 141

    Electric power, Reporting and recordkeeping requirements.

18 CFR Part 385

    Administrative practice and procedure, Electric power, Penalties, 
Pipelines, Reporting and recordkeeping requirements.

    By the Commission.
Magalie R. Salas,
Secretary.

    In consideration of the foregoing, the Commission amends parts 
35,141 and 385, Chapter I, Title 18, of the Code of Federal 
Regulations, as follows:

PART 35--FILING OF RATE SCHEDULES

    1. The authority citation for part 35 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352.

 35.25  [Amended]

    2. In  35.25, paragraph (c)(1)(ii)(C) is removed, and 
paragraph (c)(1)(ii)(D) is redesignated as paragraph (c)(1)(ii)(C).

PART 141--STATEMENTS AND REPORTS (SCHEDULES)

    3. The authority citation for part 141 continues to read as 
follows:

    Authority: 15 U.S.C. 79; 16 U.S.C. 791a-828c, 2601-2645; 31 
U.S.C. 9701; 42 U.S.C. 7101-7352.


    4. In  141.1, paragraphs (b)(1)(i) and (b)(2) are revised 
to read as follows:


 141.1  FERC No. Form 1, Annual report of Major electric 
utilities, licensees and others.

* * * * *
    (b) Filing requirements. (1) Who must file-(i) Generally. Each 
Major electric utility (as defined in part 101 of Subchapter C of this 
chapter) and other entity, i.e. each corporation, person or licensee as 
defined in section 3 of the Federal Power Act (16 U.S.C. 792 et seq.), 
including any agency, authority or other legal entity or 
instrumentality engaged in generation, transmission, distribution, or 
sale of electric energy, however produced, throughout the United States 
and its possessions, having sales or transmission service equal to 
Major as defined above, whether or not the jurisdiction of the 
Commission is otherwise involved, shall prepare and file electronically 
with the Commission the FERC Form 1 pursuant to the General 
Instructions set out in that form.
* * * * *
    (2) When to file and what to file. This report shall be filed on or 
before April 30 of each year for the previous calendar year. This 
report must be filed with the Federal Energy Regulatory Commission as 
prescribed in  385.2011 of this chapter and as indicated in 
the General Instructions set out in this form, and must be properly 
completed and verified. Filing on electronic media pursuant to 
 385.2011 of this chapter will be required commencing with the 
report required to be submitted for the reporting calendar year of 
2002, due on or before April 30, 2003.

PART 385--RULES OF PRACTICE AND PROCEDURE

    5. The authority citation for part 385 continues to read as 
follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16 
U.S.C 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352; 49 
U.S.C. 60502; 49 App. U.S.C. 1-85 (1988).


    6. In  385.2011, paragraph (c)(3) is revised to read as 
follows:


 385.2011  Procedures for filing on electronic media (Rule 
2011).

* * * * *
    (c) What to file. *-*-*
    (3) With the exception of the Form 1, the electronic media must be 
accompanied by the traditional prescribed number of paper copies.
* * * * *
[FR Doc. 02-12798 Filed 5-22-02; 8:45 am]
BILLING CODE 6717-01-P