[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Notices]
[Pages 15472-15474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7574]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC09-914-000]


Commission Information Collection Activities (FERC-914); Comment 
Request; Extension

March 30, 2009.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed information collection and request for 
comments.

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SUMMARY: In compliance with the requirements of section 3506(c)(2)(a) 
of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Federal 
Energy Regulatory Commission (Commission or FERC) is soliciting public 
comment on the specific aspects of the information collection described 
below.

DATES: Comments on the collection of information are due June 1, 2009.

ADDRESSES: Comments may be filed either electronically or in paper 
format, and should refer to Docket No. IC09-914-000. Documents must be 
prepared in an acceptable filing format and in compliance with 
Commission submission guidelines at http://www.ferc.gov/help/submission-guide.asp.
    Comments may be eFiled. The eFiling option, under the Documents & 
Filings tab on the Commission's home Web page (http://www.ferc.gov), 
directs users to the eFiling Web page. First-time users follow the 
eRegister instructions on the eFiling Web page to establish a user name 
and password before eFiling. Filers will receive an e-mailed 
confirmation of their filed comments. Commenters filing electronically 
should not make a paper filing. If electronic filing is not possible, 
deliver original and 14 paper copies of the filing to: Federal Energy 
Regulatory Commission, Secretary of the Commission, 888 First Street, 
NE., Washington, DC 20426.
    Parties interested in receiving automatic notification of activity 
in this docket may do so through eSubscription. The eSubscription 
option under the Documents & Filings tab on the Commission's home Web 
page directs users to the eSubscription Web page. Users submit the 
docket numbers of the filings they wish to track and will subsequently 
receive an e-mail notification each time a filing is made under the 
submitted docket numbers. First-time users will need to establish a 
user name and password before eSubscribing.

[[Page 15473]]

    Filed comments and FERC issuances may be viewed, printed and 
downloaded remotely from the Commission's Web site. The eLibrary link 
found at the top of most of the Commission's Web pages directs users to 
FERC's eLibrary. From the eLibrary Web page, choose General Search, and 
in the Docket Number space provided, enter IC09-914 then click the 
Submit button at the bottom of the page. For help with any of the 
Commission's electronic submission or retrieval systems, e-mail FERC 
Online Support: [email protected], or telephone toll-free: 
(866) 208-3676 (TTY (202) 502-8659).

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by 
telephone at (202) 502-8663, by fax at (202) 273-0873, and by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: FERC is requesting comments on the FERC-
914,\1\ ``Cogeneration and Small Power Production--Tariff Filings'', 
OMB Control No. 1902-0231. The information filed in FERC-914 enables 
the Commission to exercise its wholesale electric rate and electric 
power transmission oversight and enforcement responsibilities in 
accordance with the Federal Power Act, the Department of Energy 
Organization Act (DOE Act) and EPAct 2005.
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    \1\ Normally, these requirements and burden would be included in 
FERC-516, ``Electric Rate Schedule Filings'' (OMB Control No.1902-
0096). However, FERC-516 is currently the subject of OMB review, so 
the Commission will continue to track these requirements (and the 
related burden hours) separately under FERC-914 [formerly labeled 
``FERC-914(516)'']. FERC-914 covers the tariff filing requirements 
under 18 CFR Part 35 for those qualifying facilities that do not 
meet the exemption requirements in 18 CFR Part 292.
    In the future, FERC plans to incorporate the FERC-914 reporting 
requirements and related burden into the FERC-516.
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    In Orders 671 and 671-A,\2\ the Commission revised its regulations 
that govern qualifying small power production and cogeneration 
facilities. Among other things, the Commission eliminated certain 
exemptions from rate regulation that were previously available to 
qualifying facilities (QFs). New qualifying facilities may need to make 
tariff filings if they do not meet the new exemption requirements of 18 
CFR Part 292.
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    \2\ Revised Regulations Governing Small Power Production and 
Cogeneration Facilities, Order No. 671, 71 FR 7852 (Feb. 15, 2006), 
FERC Stats. & Regs. ] 31,203 (2006); and Revised Regulations 
Governing Small Power Production and Cogeneration Facilities, Order 
671-A, 71 FR 30585 (May 30, 2006), in Docket No. RM05-36.
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    Section 205(c) of the FPA requires that every public utility have 
all of its jurisdictional rates and tariffs on file with the Commission 
and make them available for public inspection, within such time and in 
such form as the Commission may designate. Section 205(d) of the FPA 
requires that every public utility must provide notice to FERC and the 
public of any changes to its jurisdictional rates and tariffs, file 
such changes with FERC, and make them available for public inspection, 
in such manner as directed by the Commission. In addition, FPA section 
206 requires FERC, upon complaint or its own motion, to modify existing 
rates or services that are found to be unjust, unreasonable, unduly 
discriminatory or preferential. FPA section 207 further requires the 
Commission upon complaint by a state commission and a finding of 
insufficient interstate service, to order the rendering of adequate 
interstate service by public utilities, the rates for which would be 
filed in accordance with FPA sections 205 and 206.
    FERC implemented the Congressional mandate of EPAct 2005 to 
establish criteria for new qualifying cogeneration facilities by: (1) 
Amending the exemptions available to qualifying facilities from the FPA 
and from PUHCA [resulting in the burden imposed by FERC-914, the 
subject of this Notice]; (2) ensuring that these facilities are using 
their thermal output in a productive and beneficial manner; that the 
electrical, thermal, chemical and mechanical output of new qualifying 
cogeneration facilities is used fundamentally for industrial, 
commercial, residential or industrial purposes; and there is a 
continuing progress in the development of efficient electric energy 
generating technology; (3) amending the FERC Form 556 \3\ to reflect 
the criteria for new qualifying cogeneration facilities; and (4) 
eliminating ownership limitations for qualifying cogeneration and small 
power production facilities. FERC satisfied the statutory mandate and 
its continuing obligation to review its policies encouraging 
cogeneration and small power production, energy conservation, efficient 
use of facilities and resources by electric utilities and equitable 
rates for energy customers.
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    \3\ The FERC-556 is cleared separately as OMB Control No. 1902-
0075 and is not a subject of this Notice.
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    Action: The Commission is requesting a three-year extension of the 
current expiration date for the FERC-914,\1\ with no changes to the 
reporting requirements.
    Burden Statement: Public reporting burden for this collection is 
estimated at:

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                                                     Number of       Number of    Average burden
         FERC data collection--FERC-914             respondents    responses per     hours per     Total annual
                                                     annually       respondent       response      burden hours
                                                             (1)             (2)             (3)     (1) x (2) x
                                                                                                             (3)
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FPA Section 205 filings.........................             100               1             183          18,300
Electric quarterly reports (initial)............             100               1             230          23,000
Electric quarterly reports (later)..............             100               3               6           1,800
Change of status................................             100               1               3             300
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    Total.......................................  ..............  ..............  ..............          43,400
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    The estimated total annual cost to respondents is $2,676,966.10 
[43,400 hours divided by 2,080 hours \4\ per year, times $128,297 \5\ 
equals $2,676,966.10]. The cost per respondent is $26,769.66. The 
estimated burden covers the qualifying facilities required to file 
electric quarterly reports, change of status filings, and tariff 
filings to comply with section 205 of the Federal Power Act (FPA).
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    \4\ Number of hours an employee works each year.
    \5\ Average annual salary per employee.
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    The reporting burden includes the total time, effort, or financial 
resources expended to generate, maintain, retain, disclose, or provide 
the information including: (1) Reviewing instructions; (2) developing, 
acquiring, installing, and utilizing technology and systems for the 
purposes of collecting, validating, verifying, processing, maintaining, 
disclosing and providing information;

[[Page 15474]]

(3) adjusting the existing ways to comply with any previously 
applicable instructions and requirements; (4) training personnel to 
respond to a collection of information; (5) searching data sources; (6) 
completing and reviewing the collection of information; and (7) 
transmitting, or otherwise disclosing the information.
    The estimate of cost for respondents is based upon salaries for 
professional and clerical support, as well as direct and indirect 
overhead costs. Direct costs include all costs directly attributable to 
providing this information, such as administrative costs and the cost 
for information technology. Indirect or overhead costs are costs 
incurred by an organization in support of its mission. These costs 
apply to activities which benefit the whole organization rather than 
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information to be collected; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology, e.g. permitting electronic submission of 
responses.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-7574 Filed 4-3-09; 8:45 am]
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