[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Notices]
[Pages 31463-31476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12246]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Information Collection Request Submitted to the Office of 
Management and Budget (OMB) for Approval Under the Paperwork Reduction 
Act

AGENCY: Western Area Power Administration, U.S. Department of Energy.

ACTION: Notice of Submission for OMB Approval; Request for Comments.

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SUMMARY: This notice announces that Western Area Power Administration 
(Western), an agency of the Department of Energy (DOE), has sent an 
Information Collection Request (ICR) to the Office of Management and 
Budget (OMB) for review, comment and approval. Western submitted the 
ICR as required under the Paperwork Reduction Act of 1995.\1\ The ICR 
described below identifies the proposal including the anticipated 
public burdens. On January 30, 2008, Western published a notice in the 
Federal Register inviting public comments on the ICR.\2\ That notice 
provided a 60 day comment period. Western has included a summary of the 
comments and Western's responses below. As described below, Western 
invites interested entities to submit comments to OMB.
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    \1\ See 44 U.S.C. 3501, et seq.
    \2\ See 73 FR 5555 (2008).
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    Western is collecting this data to properly perform its function of 
marketing a limited amount of Federal hydropower. Western will use the 
collected data to evaluate who will receive an allocation of Federal 
power.
    Western notes the Paperwork Reduction Act process and associated 
Federal Register notice is a process whereby Western obtains approval 
from OMB to collect information from the public. It is a legal 
requirement that Western must comply with before Western can request 
potential preference customers to submit an application for power. The 
Paperwork Reduction Act process is not the process whereby interested 
parties request an allocation of federal power. The allocation of power 
from Western is outside the scope of this process and is completed in a 
separate process by each Western Region, when required.

DATES: To assure consideration, comments regarding this collection must 
be received on or before July 2, 2008. The Paperwork Reduction Act 
requires OMB to make a decision on the ICR between 30-60 days after 
this publication.

ADDRESSES: Written comments should be sent to: The DOE Desk Officer, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, New Executive Office Building, Room 10102, 735 17th Street, 
NW., Washington, DC 20503. With a copy to: [email protected] or 
Western Area Power Administration, Acting Power Marketing Advisor, 
12155 W. Alameda Parkway, Lakewood, CO 80228.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Western Area Power Administration, Melanie Reed 970-461-
7229.

SUPPLEMENTARY INFORMATION:

I. Statutory Authority

    Reclamation Laws are a series of laws arising from the Desert Land 
Act of 1877 and include, but are not limited to: The Desert Land Act of 
1877, Reclamation Act of 1902, Reclamation Project Act of 1939, and the 
Acts authorizing each individual project such as the Central

[[Page 31464]]

Valley Project Re-Authorizing Act of 1937.\3\ The Reclamation Act of 
1902 established the Federal reclamation program.\4\ The basic 
principle of the Reclamation Act of 1902 was that the United States, 
through the Secretary of the Interior, would build and operate 
irrigation works from the proceeds of public land sales in the sixteen 
arid Western states (a seventeenth was added later). The Reclamation 
Project Act of 1939 expanded the purposes of the reclamation program 
and specified certain terms for contracts the Secretary of the Interior 
enters into to furnish water and power.\5\ Congress enacted the 
Reclamation Laws for purposes that include enhancing navigation, flood 
protection, reclaiming arid lands in the western United States, and for 
fish and wildlife.\6\ Congress intended that the production of power 
would be a supplemental feature of the multi-purpose water projects 
authorized under the Reclamation Laws.\7\ No contract entered into by 
the United States for power may impair the efficiency of the project 
for irrigation purposes.\8\ Section 5 of the Flood Control Act of 1944 
is read in pari materia with Reclamation Laws.\9\ In 1977, the 
Department of Energy Organization Act transferred the power marketing 
functions of the Department of the Interior to Western.\10\ Pursuant to 
this authority, Western markets Federal hydropower. As part of 
Western's marketing authority, Western needs to obtain information from 
interested entities who desire an allocation of Federal power. The 
Paperwork Reduction Act requires Western to obtain a clearance from OMB 
before collecting certain information.\11\
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    \3\ See Ch. 107, 19 Stat. 377 (1877), Ch. 1093, 32 Stat. 388 
(1902), Ch, 418, 53 Stat. 1187 (1939), Ch. 832, 50 Stat. 844, 850 
(1937), all as amended and supplemented.
    \4\ See Ch. 1093, 32 Stat. 388, as amended and supplemented.
    \5\ See Ch. 418, 53 Stat. 1187 (1939), as amended and 
supplemented.
    \6\ See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as amended and 
supplemented.
    \7\ See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as amended and 
supplemented.
    \8\ See 43 U.S.C. Sec.  485h(c).
    \9\ See Act of December 22, 1944, Ch. 665, 58 Stat. 887, as 
amended and supplemented.
    \10\ See 42 U.S.C. 7152(a)(1).
    \11\ See 44 U.S.C. 3501, et seq.
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II. Background

    Western is a Federal agency under the Department of Energy that 
markets and transmits wholesale electric power from 56 Federal 
hydropower plants and one coal-fired plant. Western sells about 40 
percent of regional hydroelectric generation in a service area that 
covers 1.3 million square miles in 15 states.\12\ To deliver this 
electric power to the western half of the United States, Western 
markets transmits about 10,000 megawatts of hydropower across an 
integrated 17,000-circuit mile, high voltage transmission system. 
Western's statutorily defined preference customers include 
municipalities, cooperatives, public utility and irrigation districts, 
Federal and State agencies, and Native American Tribes.\13\ These 
customers, in turn, provide retail electric service to millions of 
consumers in Arizona, California, Colorado, Iowa, Kansas, Minnesota, 
Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, 
Texas, Utah, and Wyoming.
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    \12\ Western markets power under marketing plans developed 
through its offices: The Desert Southwest Region, Upper Great Plains 
Region, Rocky Mountain Region, Sierra Nevada Region and the Colorado 
River Storage Project Management Center (Regions).
    \13\ See, e.g., 43 U.S.C. 485h(c).
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    As part of its marketing mission, Western needs to collect 
information contained in this ICR from entities which may be interested 
in obtaining a power allocation from Western. Western is submitting 
this ICR to OMB with this notice.\14\ Western has analyzed and 
responded to all comments received through this process. As required by 
the Paperwork Reduction Act, Western is now publishing a notice of its 
submittal to OMB and providing a second opportunity to comment.\15\ 
Such comments should be sent to OMB with a copy to Western at the 
addresses listed above.
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    \14\ See 44 U.S.C. 3507.
    \15\ See 44 U.S.C. 3507.
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III. Process

A. Background

    On January 30, 2008, (73 FR 5555), in compliance with the Paperwork 
Reduction Act, Western published a notice in the Federal Register 
inviting comments on this ICR.\16\ As part of that notice, in 
particular, Western invited comments on: (1) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; (2) the accuracy of the agency's estimate of 
burden, 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 respondents, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology. Western 
provided notice that the proposed ICR in this program will not be part 
of a system of records covered by the Privacy Act \17\ and will be 
available under the Freedom of Information Act.\18\
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    \16\ See 44 U.S.C. 3506.
    \17\ See 5 U.S.C. 552(a).
    \18\ See 5 U.S.C. 552. Western reserves the right to redact 
information to exempt from disclosure confidential or sensitive 
information, as provided under FOIA.
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    On January 31, 2008, Western published a copy of the Federal 
Register notice on its Web site.\19\ Western sent a notice to over 
1,000 potentially interested parties informing them of the publication 
of the Federal Register notice. Western sent notices on the following 
dates:

    \19\ See 73 FR 5555 (2008).
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--February 1, 2008, to over 100 interested parties in its Sierra Nevada 
Region;
--February 6, 2008, to over 200 interested parties in its Colorado 
River Storage Project Management Center;
--February 6, 2008, to almost 100 interested parties in its Rocky 
Mountain Region;
--February 12, 2008, to over 400 interested parties in its Upper Great 
Plains Region;
--February 14, 2008, to over 300 interested parties in its Desert 
Southwest Region.

    Western received comments from 7 different interested parties. 
Western's responses to the comments are below.

B. Response to Comments

    Comment: Several commenters asked why this process is taking place 
at this point in time, i.e., what is driving this process.
    Response: When a federal agency requests information from the 
public that falls within the Paperwork Reduction Act, the agency must 
obtain approval (and an assigned control number) from OMB. Several of 
Western's Regional offices will be accepting applications for federal 
power in the next few years. Potential preference customers will be 
required to provide information by completing an Applicant Profile Data 
(APD) form. Western will use the APD to collect information to 
determine who may be eligible to receive a federal power allocation. 
Western must have OMB approval (and a valid control number) to request 
the information contained in the APD from potential preference 
customers. This process is an opportunity for the public to comment on 
the need, type, etc., of the

[[Page 31465]]

information collected through Western's APD. The allocation of power 
from Western is outside the scope of this process and is completed in a 
separate process by each Western Region, when required.
    Comment: We understand the impetus for going through this process 
is an upcoming partial reallocation within the Pick-Sloan Project. It 
would appear Western has decided to try to develop a form that can be 
used in all situations. An explanation of that sort in the Federal 
Register notice would have cut down on the expressions of concern many 
entities have fielded about this process.
    Response: In addition to the Pick-Sloan Post-2010 Resource Pool 
Project, other Western projects will be undertaking power allocations 
pursuant to existing marketing plans in the next few years. The 
commenter correctly notes that Western will be requiring potential 
preference customers to provide information on a common form and that 
this process seeks comments on the form, i.e., the proposed APD. When a 
Federal agency requests information from the public that falls within 
the Paperwork Reduction Act, the agency must obtain approval (and an 
assigned control number) from OMB. As discussed above, Western must 
have OMB approval (and a valid control number) to request the 
information contained in the APD from potential customers. An OMB 
control number is valid for a maximum three year period. As a result, 
Western will go through this or similar processes once every three 
years to maintain a valid OMB control number. In future Paperwork 
Reduction Act processes, Western will clarify the process by including 
a summary phrase such as:

    The Paperwork Reduction Act process, at 44 U.S.C. 3501 et seq., 
and associated Federal Register notice is a process whereby Western 
obtains approval from the Office of Management and Budget to collect 
information from the public. It is a legal requirement that Western 
must comply with before Western can request potential preference 
customers to submit an application for power. The Paperwork 
Reduction Act process is not the process whereby interested parties 
request an allocation of federal power. The allocation of power from 
Western is outside the scope of this process and is completed in a 
separate process by each Western Region, when required.

    Comment: Several commenters asked whether they could obtain or 
apply for an allocation of federal power during the Paperwork Reduction 
Act process.
    Response: The Paperwork Reduction Act process is not the process 
whereby interested parties request an allocation of federal power. The 
Paperwork Reduction Act process and the associated Federal Register 
notices are a process whereby Western obtains approval from OMB to 
collect information from the public. It is a legal requirement that 
Western must comply with before Western can request potential 
preference customers to submit an application for power. The allocation 
of power from Western is outside the scope of this process and is 
completed in a separate process by each Western Region, when required.
    Comment: Several commenters asked whether Western would make the 
APD available on line and whether interested parties can file 
applications electronically.
    Response: Western's Regions will issue a Federal Register notice 
for a Call for Applications through a separate process when required 
for the individual projects. At that time, Western will make the APD 
available on line and provide potential preference customers with the 
Web site and instructions on how to access the APD. Potential 
preference customers will be able to download the APD and submit the 
APD to Western under various methods (which Western will outline in the 
Call for Applications Federal Register notice), including via e-mail. 
However, Western currently does not have a Web site that would allow 
interested parties to fill out forms on line. In the event Western 
develops such a site, Western will provide notice of the availability 
of the site as part of the Call for Applications Federal Register 
notice.
    Comment: A commenter stated a way to enhance quality, utility and 
clarity of information collection would be through automated collection 
of load data from any utility with that capability on the presumption 
that automated data should offer easier incorporation into Western's 
form.
    Response: Developing software that would automatically collect data 
from each potential preference customer's computer system would be 
complex and expensive to develop for a small data collection effort. 
There are many different software developers and computer systems--not 
all systems are compatible. Considering this is not a routine, ongoing, 
repetitive, collection of information, Western does not believe it 
would be cost effective for Western to develop software and systems 
that would automatically collect load data from any potential 
preference customer that may submit an application.
    Comment: Several commenters noted they appreciate receiving Western 
power and wish to continue to receive Western power in the future.
    Response: Comment noted. Western appreciates the support from 
customers.
    Comment: A commenter opposed collecting a subset of the 
information. The commenter would like to see the same APD used for each 
allocation process unless legally directed otherwise. This practice 
will ensure fairness across all re-marketing processes.
    Response: In its initial proposal, because all of Western's Regions 
do not need the same information, Western proposed to allow each Region 
to use subsets of the APD form. In other words, as the commenter notes, 
one Region's APD may request less information than another Region's 
APD. This is necessary since each Region, due to Region specific 
requirements, may not necessarily need all of the information collected 
in the proposed APD. Rather than over-collect unnecessary information, 
Western seeks to collect only the minimal amount of information it 
needs. Western evaluated the possibility of using the same APD form for 
each Call for Application while instructing applicants to fill out only 
certain sections. This approach may lead to an applicant ignoring or 
misunderstanding Western's instructions and providing unnecessary 
information. Using a subset of information will lead to a more 
consistent process and will minimize the time an applicant uses to 
complete the APD.
    Comment: Several commenters asked Western to clarify whether the 
data obtained under the APD has historically qualified for protection 
from release under the Freedom of Information Act's (FOIA) proprietary 
information exemption. They also expressed concerns about whether some 
of the applicant's load and resource information should be made 
available to the public. Western should be especially sensitive to the 
new Federal Energy Regulatory Commission criteria on Critical Energy 
Infrastructure Information (CEII). Western should have a way of 
collecting CEII when necessary for legitimate agency purposes without 
exposing that information to disclosure.
    Response: Historically, Western has not considered the information 
contained in the APD as proprietary or confidential business 
information. A potential preference customer's historical actual 
monthly and yearly demand and energy load has not traditionally been 
seen as proprietary. In contrast to real time schedules, which are 
subject to daily constraints and to significant market forces, 
historical

[[Page 31466]]

monthly and yearly aggregates are not subject to the same type of 
manipulation. Western does not anticipate collecting any CEII through 
the APD. Western clarifies that in the event Western collects 
information protected by CEII or other confidential or business 
sensitive material, Western may withhold such information pursuant to 
FOIA.
    Comment: A commenter stated that for Native American Tribes, the 
proposed rule does not appear to lessen any type of reporting burden 
previously imposed. With regard to load data; non-utility tribes 
generally spent many weeks retrieving data from their serving utilities 
in order to complete the applicant forms, while utility tribes required 
several work days to compile the information due to the mix of service 
from tribal and non-tribal entities and other factors.
    Response: Western understands that, in some instances with regard 
to load data, non-utility Native American Tribes may have to work with 
serving utilities in order to obtain data for the APD. Estimated load 
data, which are subject to approval or adjustment by Western, may be 
used by the Native American Tribes when actual load data is difficult 
to obtain. Western believes the alternatives of estimating load data, 
as needed, lessen the Native American Tribes' burden to complete the 
APD.
    Comment: A commenter stated Western should note an exception for 
Native American Tribes under Section 1(e). Providing Tribal membership 
lists is extremely burdensome and not relevant to Western's purposes 
under the collection.
    Response: Western agrees Native American Tribes are not required to 
list individual members of the Tribe. Western included Section 1(e) to 
obtain information from member organizations such as Joint Power 
Agencies that may include numerous utilities. Western understands many 
Native American Tribes have individual members. While Native American 
Tribes are not required to list individual members, in the event 
numerous Tribes become members of an organization such as a Joint Power 
Agency and apply for power under such an organization, the separate 
Tribes (but not individual members) should be listed. Western will 
clarify that Section 1(e) requires a list of organizational members not 
individual members.
    Comment: A commenter stated Section 1(i) should provide an 
exception for Native American Tribes--redirecting these applicants to 
Section 3(b) which addresses Tribes that do not operate their own 
utilities; alternatively, this section should include the phrase ``if 
any.''
    Response: Western agrees Section 1(i) may not be applicable to 
Native American Tribes. Western has included the phrase ``if 
applicable'' in the Section.
    Comment: Several commenters generally agreed the scope of 
information collected related to the proper performance of Western's 
functions. Western should not allocate resources blindly.
    Response: Comment noted. Western appreciates the support from 
customers.
    Comment: Several commenters noted the information will have a 
practical utility in that it will assist Western in allocating 
resources.
    Response: Comment noted. Western appreciates the support from 
customers.
    Comment: A commenter stated large organizations with which Western 
deals have staff that routinely handle this kind of information and can 
supply it to the individual tasked with filling out the form. Small 
organizations will have more trouble collecting this information. 
However, as Western points out, the resource is scarce and valuable and 
well worth the time.
    Response: Western agrees large organizations will have more staff 
available to fill out the form. Western believes collecting the load 
data could be the most time consuming element of the APD organization. 
However, load data is essential to determine the amount of resources 
which Western may allocate to potential preference customers, small and 
large. In the event an organization needs assistance filling in the 
form, they may contact Western for assistance.
    Comment: A commenter stated that, to achieve more clarity, Western 
should examine the list provided under type of entity/organization. 
There are several kinds of organizations that currently contract with 
Western but are not named. Two of those are electrical districts and 
power districts. The commenter suggested Western examine its potential 
contractors to see if it is missing additional categories that should 
be included in an existing category. For instance, irrigation district 
could be changed to special district (agricultural improvement, power, 
electrical, irrigation or other special district).
    Response: Section 1(c) of the APD lists the majority of types of 
organizations found eligible for allocations in processes under past 
marketing initiatives. To the extent there are other types of 
organizations submitting an ADP, they may use the box marked ``Other'' 
and write in their specific organizational type.
    Comment: A commenter stated as to existing customers, much of the 
information that would be put in the proposed APD is already known to 
Western and is in Western's system. The commenter suggests that, for 
existing customers, Western ask for updated information in lieu of 
forcing applicants to give the agency information it already has if 
there are no changes. For existing customers, Western could merely note 
the last time such types of information were submitted and request that 
the applicant provide any changes to that type of information from that 
last submission.
    Response: The APD is designed to obtain current information from 
applicants who are seeking an allocation of Federal power. Western 
requires only those applicants desiring power under a Call for 
Applications to submit an APD. The APD is typically used to obtain 
information from new potential preference customers, but may also be 
used for existing preference customers who apply for an allocation 
increase, if allowed under the Regional marketing plan. To ensure 
consistency in the allocation processes, Western requires applicants 
applying under a Call for Application to submit an APD with current 
information.
    Comment: Two commenters made statements about the estimate burden 
associated with completing the APD and the annual reporting. One 
commenter stated that there is no real way to estimate how long it will 
take to fill out this form until one tries to do so. Another commenter 
stated Western underestimated the completion estimate and recordkeeping 
burden for Native American Tribes.
    Response: In recognition of these comments, Western has increased 
the burden estimate for completing the APD by doubling the estimated 
time from 4 hours to 8 hours. While some potential preference customers 
may require more time than others, Western still anticipates most 
customers will be able to complete the APD within 4 hours. By 
increasing the average burden to 8 hours, Western recognizes that it 
may take longer for some entities to complete the APD. Because the 
amount of annual recordkeeping is minimal, Western considers the annual 
burden estimate of 1 hour for recordkeeping as accurate.

IV. Purpose of Proposed Collection

    The ICR is necessary for the proper performance of Western's 
functions. Western markets a limited amount of Federal power. Western 
has discretion to determine who will receive an

[[Page 31467]]

allocation of Federal power. Due to the high demand for Western's power 
and limited amount of available power, Western needs to be able to 
collect information to evaluate who will receive an allocation of 
Federal power. As a result, the information Western collects is both 
necessary and useful.
    This public process only determines what type of information 
Western will collect in the APD from an entity applying for a Federal 
power allocation. The information Western proposes to collect is 
voluntary. Western will use the information collected in the APD, in 
conjunction with its marketing plan, to determine an entity's 
eligibility and ultimately who will receive an allocation of Federal 
power. Western will issue a Call for Applications, as part of its 
marketing plan, which will occur through a separate process. The actual 
allocation of power is outside the scope of this proceeding.

V. Information Western Proposes To Collect

A. Applicant Profile Data (APD)

    Western has submitted to OMB the ICR described below. Western will 
collect the information through an application. As part of this 
process, Western has identified what it believes is the minimum amount 
of information Western needs for its Regional offices to properly 
perform the functions of the agency. Due to the variations that may be 
developed in each Region, each Region, through its marketing plan, may 
determine that it does not need all of the information contained in the 
ICR. As a result, Western proposes to allow each Region to use subsets 
of the form, where one Region's APD may request less information than 
another Region's APD. Rather than over-collect unnecessary information, 
Western seeks to collect only the minimal amount of information it 
needs. Western evaluated the possibility of using the same APD form but 
instructing applicants to fill out only certain sections. This approach 
could lead to an applicant ignoring or misunderstanding Western's 
instructions and providing unnecessary information. Using a subset of 
information will lead to a more consistent process and will minimize 
the time an applicant uses to complete the APD.
    To receive an allocation of Federal power from Western, the 
applicant must provide the information requested in the APD. If the 
requested information is not applicable or is not available, the 
applicant shall note it on the APD. Western will request, in writing, 
additional information from any applicant whose application is 
deficient. Western will notify the applicant when such information is 
due. In the event, that by the due date, an applicant fails to provide 
sufficient information to allow Western to make a determination 
regarding eligibility, the application will not be considered. The 
content and format of the APD are outlined below.

B. Form of APD

BILLING CODE 6450-01-P

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BILLING CODE 6450-01-S
Signature Title
    Applications may be submitted by U.S. mail to the address below or 
electronically to [email protected] with an electronic signature. If 
submitting this application electronically and an electronic signature 
is not available, please fax this page with a signature to (xxx) xxx-
xxx, or mail it to ---------- Region, Western Area Power 
Administration, Address, State, City, and Zip Code.
    Recordkeeping Requirements: If Western accepts your application and 
you receive an allocation of Federal power you must keep all records 
associated with your APD for a period of 3 years after you sign your 
contract for Federal power. If you do not receive an allocation of 
Federal power, there is no recordkeeping requirement.
    Western has obtained an OMB Clearance Number ---------- for the 
collection of the above information.
    This data is being collected to enable Western to properly perform 
its function of marketing limited amounts of Federal hydropower. The 
data you supply will be used by Western to evaluate who will receive an 
allocation of Federal power.
    Public reporting burden for this collection of information is 
estimated to average 8 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 other aspect of this collection of information, including 
suggestions for reducing this burden, to Paperwork Reduction Act 
Comments, Western Area Power Administration, P.O. Box 281213, 12155 W. 
Alameda Parkway, Lakewood, CO 80228; and to the Office of Management 
and Budget (OMB), OIRA, Washington, DC 20503.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB control number.
    Submission of this data is voluntary, however, if an entity seeks 
an allocation of Federal power, the applicant must submit an APD.

VI. Paperwork Reduction Requirements

A. Introduction

    1. OMB Number: Western will obtain a new OMB Number. This number 
will be displayed on the front page of the APD.
    2. Title: Western will title the ICR: Applicant Profile Data.
    3. Type of Review: Western will request that OMB treat its review 
as a New Review for an existing collection.
    4. Purpose: The ICR is necessary for the proper performance of 
Western's functions. Western markets a limited amount of Federal power. 
Western has discretion to determine who will receive an allocation of 
Federal power. Due to the high demand for Western's power and limited 
amount of available power under established marketing plans, Western 
needs to be able to collect information to evaluate who will receive an 
allocation of Federal power. As a result, the information Western 
collects is both necessary and useful. This public process only 
determines the information which Western will collect in its 
application. The actual allocation of Federal power will be done 
through a separate process and is outside the scope of this proceeding.
    5. Respondent: The response is voluntary. However, if an entity 
seeks an allocation of Federal power, the applicant must submit an APD. 
Western has identified the following class of respondents as the most 
likely to apply: municipalities, cooperatives, public utilities, 
irrigation districts, Native American Tribes, and Federal and State 
agencies. The respondents will be located in Arizona, California, 
Colorado, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New 
Mexico, North Dakota, South Dakota, Texas, Utah, and Wyoming.
    6. Estimated Number of Respondents. Depending on the amount of 
power that becomes available for allocation, Western anticipates it 
could receive up to 100 requests for power during the 3-year period 
when the OMB Clearance Number is in effect. Western does not anticipate 
annual responses. The responses will be periodic and occur when Western 
has power available under an allocation process.
    7. Number of Burden Hours:
    a. Initial Application: Western anticipates that it will take 8 
hours or less to complete the APD. Once the respondent completes the 
APD, it will submit the APD to Western for Western's review. After 
submitting the APD, provided the APD is complete and no clarification 
is required, Western does not anticipate requiring any further 
information for the APD from the applicant, unless the applicant is 
successful in obtaining a power allocation. The applicant submits only 
one APD. It does not submit an APD every year. If the applicant 
receives a power allocation, the applicant will need to complete a 
standard contract to receive its power allocation. Western's standard 
contract terms are outside the scope of this process.
    b. Recordkeeping: There are no mandatory recordkeeping requirements 
on the applicant if it does not receive an allocation of Federal power. 
In such case, any recordkeeping of the APD by a respondent is 
voluntary. For those entities that receive a Federal power allocation, 
Western requires the successful applicant keep the information for 3 
years after the applicant signs its Federal power contract. The 3-year, 
record retention policy will allow Western sufficient time to 
administer the contract and to ensure the applicant provided factual 
information in its application. A 3-year, record retention policy will 
have little impact on most businesses in the electric utility industry. 
Western anticipates that it would take less than 1 hour per successful 
candidate, per year, for recordkeeping purposes. Western anticipates 
that in a 3-year period, Western will have less than 30 successful 
applicants.
    c. Methodology: Based on the total number of burden hours and the 
total number of applications described above, Western expects that over 
a 3-year period, the total burden hours to complete the APD is 800 
hours over 3 years (100 applicants over 3 years x 8 hours per 
applicant). This converts to an annual hourly burden of 266.667 hours. 
An entity will only complete the APD once. It is not required each 
year.
    Based on the above, Western anticipates that there will be 
additional cost burdens for recordkeeping of 1 hour per year for each 
successful applicant, i.e., each applicant who receives a Federal power 
allocation. Western anticipates that over the course of 3 years there 
will be 30 successful applicants. The power may be allocated in year 1, 
year 2 or year 3. For the purposes of determining the cost burden, 
Western will presume all 30 applicants received an allocation in year 
1. As a result, the annual hourly burden for recordkeeping is 30 hours.
    For the purposes of this cost burden analysis, Western is assuming 
that a utility staff specialist will complete the APD. Western 
estimates a utility staff specialist rate, including administrative 
overheard, to be approximately $100/hour. For recordkeeping, Western 
estimates an administrative support rate of $50/hour. Based on the 
above, Western estimates the total annual cost as (266.667 hour/year x 
$100/hour) + (30 hour/year x $50/hour) = $28,167 per year.

[[Page 31475]]

    Using the above estimates, on a per applicant basis, assuming the 
applicant receives a Federal power allocation, the total cost for the 
applicant over a 3-year period is $950. The cost to complete the APD is 
a one time cost of $800. In addition to the one time cost, the 
applicant, if it successfully receives a power allocation, will incur 
an additional expense of 1 hour for recordkeeping per year x $50 per 
hour for a total recordkeeping cost of $150 for 3 years.
    d. Summary of Burdens:

                                     Table 1.--Annual Hour Burden Estimates
----------------------------------------------------------------------------------------------------------------
                                                             Number of
              Activity                    Number of        responses per      Average burden    Sub-total burden
                                         respondents         respondent     hour per response        hours
----------------------------------------------------------------------------------------------------------------
APD................................              33.333                  1                  8             266.67
Recordkeeping......................              30                      1                  1              30.00
                                    ----------------------------------------------------------------------------
    Total Burden...................  ..................  .................  .................             296.67
----------------------------------------------------------------------------------------------------------------


                                                          Table 2.--Annual Cost Burden Estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of
                       Instrument                            Number of     responses per  Average annual     Cost per        Cost per     Sub-total cost
                                                            respondents     respondent      burden hour     burden hour      response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prepare APD.............................................          33.333               1               8            $100         $800.00      $26,666.40
Recordkeeping...........................................          30                   1               1              50           50.00        1,500.00
                                                         -----------------------------------------------------------------------------------------------
    Total Cost..........................................  ..............  ..............  ..............  ..............  ..............       28,166.40
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The procedure and process for the allocation of power shall be the 
subject matter of a separate notice and is outside the scope of this 
process.

B. Does the collection of data avoid unnecessary duplication?

    Yes. To avoid unnecessary duplication, only entities which desire a 
new Western allocation are required to submit an APD.
    As it relates to each of the components of the APD, there is no 
duplication. Section 1 is information Western needs to determine who 
the applicant is, whether the applicant is a statutorily defined 
preference entity and whether the applicant is ready, willing and able 
to receive and/or distribute Federal power. Section 2 identifies the 
amount of Federal power which the applicant requests. Section 3 
identifies the applicant's loads. Section 4 identifies the applicant's 
resources. Section 5 identifies the applicant's transmission delivery 
arrangements necessary to receive Federal power. Section 6 is voluntary 
and provides the applicant with the ability to provide any additional 
information. Section 7 is an attestation that the information provided 
is true and accurate to the best of the applicant's knowledge.

C. Does the collection reduce the burden on the respondent, including 
small entities, to the extent practicable and appropriate?

    Yes. The information requested is the minimum amount of information 
to determine whether the applicant qualifies as a statutorily defined 
preference entity and is ready, willing and able to receive an 
allocation of Federal power.

D. Does the collection use plain, coherent, and unambiguous language 
that is understandable to the respondent?

    Yes. The collection uses plain, coherent, and unambiguous language 
that is understandable to the target audience. The terms are those used 
in the electric utility industry. Western does not market power to 
individual members of the public such as homeowners or shopkeepers. 
Preference entities are statutorily designated potential customers who 
generally are involved in the power business. As a result, the language 
used in the application is understandable to the target audience.

E. Is the collection consistent with and compatible with the 
respondent's current reporting and recordkeeping practices to the 
maximum extent practicable?

    Yes. The information collection is voluntary. Western will use the 
information to determine whether an applicant qualifies as a preference 
entity to receive an allocation of Federal power. As discussed above, 
there is no mandatory recordkeeping requirement on the applicant if it 
does not receive an allocation of Federal power. For those entities 
that receive a Federal power allocation, Western requires that they 
keep the information for 3 years after Western grants the power 
allocation and the applicant signs a Federal power contract. The 
proposed 3-year record retention policy for such applicants would allow 
Western sufficient time to administer the contract and to ensure the 
applicant provided factual information in its application. Western 
anticipates that a 3-year record retention policy will have little 
impact on most businesses in the power industry who will already keep 
the APD as part of their normal business records. The procedure and 
process for the allocation of power shall be the subject matter of a 
separate notice and is outside the scope of this process.

F. Does the collection indicate the retention period for any 
recordkeeping requirements for the respondent?

    Yes. The APD identifies that there is no recordkeeping requirement 
for the respondent if it does not receive an allocation of Federal 
power. It also identifies that applicants who receive an allocation of 
Federal power must retain the records for 3 years.

[[Page 31476]]

G. Does the collection inform the public of the information the public 
needs to exercise scrutiny concerning the agency need to collect 
information (the reasons the information is collected, the way it is 
used, an estimate of the burden, whether the response is voluntary, 
required to obtain a benefit, or mandatory and a statement that no 
person is required to respond unless a valid OMB control number is 
displayed)?

    Yes. If an entity desires a Federal power allocation from Western, 
Western needs certain information to determine whether the entity is 
eligible to receive power. Western has a limited amount of power 
available. Western uses its discretion in allocating power. In order to 
use its discretion in allocating power, Western will use the 
information collected on the application. Western will not accept 
incomplete applications. Western will work with Native American Tribes 
and other entities that may need assistance in completing the 
application. No person is required to submit any information unless a 
valid OMB control number is displayed. No person is required to submit 
any information unless they desire a Federal power allocation.

H. Is the collection developed by an office that has planned and 
allocated resources for the efficient and effective management and use 
of the information collected?

    Yes. Western's power marketing offices will administer and evaluate 
the applications. Use and management of the collected information has 
been factored into each office's functions and resource requirements. 
Historically, Western has requested the same relative information from 
applicants and effectively used Western resources to utilize and manage 
the information in its determinations. Each power marketing office will 
make a recommendation to Western's Administrator on which applicant(s) 
should be awarded a Federal power allocation based on the information 
contained in the APD. Western's Administrator shall use his discretion 
in the final power allocations. The procedure and process for the 
allocation of power shall be the subject matter of a separate notice 
and is outside the scope of this process.

I. Does the collection use effective and efficient statistical survey 
methods?

    Not applicable. Since the information collected is used to 
determine whether an applicant receives an allocation of Federal power, 
this section is inapplicable.

J. Does the collection use information technology to the maximum extent 
practicable to reduce the burden and to improve data quality, agency 
efficiency, and responsiveness to the public?

    Yes. The APD will be accessible for downloading via Western's Web 
site. Western will accept electronic-mail submission of the APD, as 
well as submission via fax or regular mail. At this time, applicants 
cannot enter the information on Western's Web site.

VII. Invitation for Comments

    Western invites public comment on ICR that Western has submitted to 
OMB pursuant to the Paperwork Reduction Act of 1995. The Paperwork 
Reduction Act requires OMB to make a decision on the PIC between 30-60 
days after this publication.\20\ Comments should be sent directly to 
the addresses listed in the ADDRESSES section above.
---------------------------------------------------------------------------

    \20\ See 44 U.S.C. 3607.

    Dated: May 23, 2008
Timothy J. Meeks,
Administrator.
 [FR Doc. E8-12246 Filed 5-30-08; 8:45 am]
BILLING CODE 6450-01-P