[Federal Register Volume 74, Number 68 (Friday, April 10, 2009)]
[Notices]
[Pages 16377-16379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8235]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IC09-500-000 and IC09-505-000]


Commission Information Collection Activities (FERC-500 and FERC-
505); Comment Request; Extensions

April 6, 2009.
AGENCY: Federal Energy Regulatory Commission, Energy.

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

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

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 collections 
described below.

DATES: Comments in consideration of the collections of information are 
due June 9, 2009.

ADDRESSES: Examples of these collections of information may be obtained 
from the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Comments may be filed either electronically or in paper 
format, and should refer to Docket Nos. IC09-500-000 and IC09-505-000. 
Documents must be prepared in an acceptable filing format and in 
compliance with the Federal Energy Regulatory Commission submission 
guidelines at http://www.ferc.gov/help/submission-guide.asp.
    Comments may be filed electronically via the eFiling link on the 
Commission's Web site at http://www.ferc.gov. First time users will 
have to establish a user name and password (http://www.ferc.gov/docs-filing/eregistration.asp) before eFiling. The Commission will send an 
automatic acknowledgment to the sender's e-mail address upon receipt of 
comments through eFiling.
    Commenters filing electronically should not make a paper filing. 
Commenters that are not able to file electronically must send the 
original and 14 copies of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street, NE., 
Washington, DC 20426.
    Users interested in receiving automatic notification of activity in 
this docket may do so through eSubscription at http://www.ferc.gov/docs-filing/esubscription.asp. In addition, all comments and FERC 
issuances may be viewed, printed or downloaded remotely through FERC's 
Web site using the ``eLibrary'' link and searching on Docket Numbers 
IC09-500 and IC09-505. For user assistance, contact FERC Online Support 
at: [email protected], (866) 208-3676 (toll free), or (202) 
502-8659 (TTY).

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

SUPPLEMENTARY INFORMATION: For the purpose of publishing this notice 
and seeking public comment, FERC requests comments on both FERC-500 
(Application for License/Relicense for Water Projects with Capacity 
Greater than 5 MW; OMB Control No. 1902-0058), and FERC-505 
(Application for License/Relicense for Water Projects with Capacity 5 
MW or Less; OMB Control No. 1902-0115). The associated regulations, 
reporting requirements, burdens, and OMB clearance numbers will 
continue to remain separate and distinct for FERC-500 and FERC-505.
    FERC-500: The information collected under the requirements of FERC-
500 is used by the Commission to determine the broad impact of a 
hydropower project (including hydrokinetic projects) license 
application. In deciding whether to issue a license, the Commission 
gives equal consideration to a full range of licensing purposes related 
to the potential value of a stream, river, or other navigable waterway 
including the oceans. Among these purposes are: Hydroelectric or 
hydrokinetic development; energy conservation; fish and wildlife 
resources (including their spawning grounds and habitat); visual 
resources; cultural resources; recreational opportunities; other 
aspects of environmental quality; irrigation; flood control and water 
supply. Submittal of the information is necessary to fulfill the 
requirements of the Federal Power Act in order for the Commission to 
determine whether the proposal is best adapted to a comprehensive plan 
for improving or developing a waterway(s).
    Under Part I of the Federal Power Act (FPA; 16 U.S.C. 791a et 
seq.), the Commission has the authority to issue licenses for 
hydroelectric projects on the waters over which Congress has 
jurisdiction. The Electric Consumers Protection Act (ECPA; Pub. L. 99-
495, 100 Stat. 1243) provides the Commission with the responsibility of 
issuing licenses for nonfederal hydroelectric plants. ECPA also amended 
the language of the FPA concerning environmental issues to ensure 
environmental quality. In Order No. 2002 (68 FR 51070, August 25, 
2003), the Commission revised its regulations to create a new licensing 
process \1\ in which a potential license applicant's pre-filing 
consultation and the Commission's scoping process pursuant to the 
National Environmental Policy Act (NEPA; 42 U.S.C. 4321) are conducted 
concurrently rather than sequentially.
---------------------------------------------------------------------------

    \1\ Applicants have benefited from: (a) Increased public 
participation in pre-filing consultation; (b) increased assistance 
from Commission staff to the potential applicant and stakeholders 
during the development of a license application; (c) development by 
the potential applicant of a Commission-approved study plan; (d) 
elimination of the need for post-application study requests; (e) 
issuance of public schedules and enforcement of deadlines; (f) 
better coordination between the Commission's processes, including 
the NEPA document preparation, and those of Federal and state 
agencies and Indian Tribes with authority to require conditions for 
Commission-issued licenses.
---------------------------------------------------------------------------

    The information collected is needed: (1) To evaluate license 
applications pursuant to the comprehensive development standard of FPA 
sections 4(e) and 10(a)(1), (2) to consider the

[[Page 16378]]

comprehensive development analysis of certain factors with respect to 
the new license set forth in section 15, and (3) to comply with NEPA, 
Endangered Species Act (16 U.S.C. 1531 et seq.) and the National 
Historic Preservation Act (16 U.S.C. 470 et seq.). Commission staff 
conducts a systematic review of the application, with supplemental 
documentation provided through the solicitation of comments from other 
agencies and the public.
    Submittal of the FERC-500 information is necessary for the 
Commission to carry out its Statutory responsibilities as defined in 
the filing requirements in 18 CFR 4.32, 4.38, 4.40-.41, 4.50-.51, 4.61, 
4.71, 4.93, 4.107-.108, 4.201-.202, Part 5, 16.1, 16.10, 16.20, 292.203 
and 292.208.
    FERC-505: Submission of the information is necessary for the 
Commission to carry out its responsibilities in implementing the 
statutory provisions of Part I of the FPA (16 U.S.C. 791a et seq. & 
3301-3432, as amended by the ECPA (Pub. L. 99-495, 100 Stat. 1234 
(1986))). The FPA as amended by ECPA provides the Commission with the 
responsibility of issuing licenses for nonfederal hydroelectric power 
plants, plus requiring the Commission in its licensing activities to 
give equal consideration to preserving environmental quality. ECPA also 
amended sections 10(a) and 10(j) of the FPA to specify the conditions 
on which hydropower licenses are issued, to direct that the project be 
adopted in accordance with a comprehensive plan that improves waterways 
for interstate/foreign commerce and for the protection, enhancement and 
mitigation of damages to fish and wildlife.
    Submittal of the information is necessary to fulfill the 
requirements of sections 9 and 10(a) of the Act in order for the 
Commission to make the required finding that the proposal is 
technically and environmentally sound, and is best adapted to a 
comprehensive plan for the development of the water resources of the 
region. Under section 405(c) of the Public Utility Regulatory Policies 
Act of 1978 (PURPA), the Commission may in its discretion (by rule or 
order) grant an exemption in whole or in part from the requirements of 
Part I of the FPA to small hydroelectric power projects having a 
proposed installed capacity of 5,000 kilowatts or less (5-MW 
exemption). The filing requirements to prepare an application for a 5-
MW exemption in lieu of a licensing application are also included in 
this analysis. The information collected under FERC-505 is used by 
Commission staff to determine the broad impact of a license (including 
licenses for hydrokinetic projects) or exemption application. The 
information collected for license applications is needed to evaluate 
the hydroelectric project pursuant to the comprehensive development 
standard of FPA sections 4(e) and 10(a)(1), to consider in the 
comprehensive development analysis certain factors with respect to the 
new license as set forth in section 15, and to comply with NEPA, the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and the National 
Historic Preservation Act (16 U.S.C. 470 et seq.). The information 
collected for 5-MW exemption applications is needed to evaluate the 
hydroelectric project for compliance with NEPA, the Endangered Species 
Act (16 U.S.C. 1531 et seq.), and the National Historic Preservation 
Act (16 U.S.C. 470 et seq.). Commission staff conducts a systematic 
review of the prepared application with supplemental documentation 
provided by the solicitation of comments from other agencies and the 
public.
    The filing requirements are contained in 18 CFR 4.61, 4.71, 4.93, 
4.107, 4.108, 4.201, 4.202, Part 5, 292.203, and 292.208.
    Action: The Commission is requesting three-year extensions of the 
current expiration dates for the FERC-500 and FERC-505, with no change 
to the reporting requirements.
    Burden Statement: The estimated annual public reporting burdens and 
the associated public costs follow.\2\
---------------------------------------------------------------------------

    \2\ These figures may not be exact, due to rounding.

----------------------------------------------------------------------------------------------------------------
                                                                                     Projected
                                                     Projected       Number of        average      Total annual
    Data collection \3\ and process used \4\         number of     responses per   burden hours    burden hours
                                                    respondents     respondent     per response
----------------------------------------------------------------------------------------------------------------
                                                    FERC-500
----------------------------------------------------------------------------------------------------------------
Traditional.....................................             3.0               1         105,715         317,144
Alternative.....................................             1.0               1         107,964         107,964
Integrated......................................             2.0               1         104,965         209,930
                                                 ---------------------------------------------------------------
    Total Annual Burden Hours for FERC-500......  ..............  ..............  ..............         635,037
----------------------------------------------------------------------------------------------------------------
                                                    FERC-505
----------------------------------------------------------------------------------------------------------------
Traditional.....................................            13.0               1           3,691          47,988
Alternative.....................................             1.0               1           3,598           3,598
Integrated......................................             2.0               1           3,598           7,196
                                                 ---------------------------------------------------------------
    Total Annual Burden Hours for FERC-505......  ..............  ..............  ..............          58,782
----------------------------------------------------------------------------------------------------------------

    Using actual cost figures provided by filers,\3\ the average annual 
cost per respondent is estimated as follows.
---------------------------------------------------------------------------

    \3\ Per sections 4.41(e)(9), 4.51(e)(7) and 4.61(c)(3) 
applicants are now required to submit their total cost of 
collection; these figures were used in determining the average 
burden hours. The information presented here is based on actual FY 
2007 and FY 2008 filings.
    \4\ The Commission has three licensing processes; each process 
has its own requirements and schedules. More details are available 
at http://www.ferc.gov/industries/hydropower/gen-info/licensing/licen-pro.asp.

[[Page 16379]]



----------------------------------------------------------------------------------------------------------------
                                                                                Total annual        Projected
                                                            Number of filers       cost of       average annual
                      Data collection                       providing actual   collection ($)       cost per
                                                              cost figures           \3\         respondent ($)
                                                                         (1)               (2)           (2)/(1)
----------------------------------------------------------------------------------------------------------------
FERC-500..................................................                17      $109,331,372        $6,431,257
FERC-505..................................................                14         3,123,000           223,071
----------------------------------------------------------------------------------------------------------------

    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; (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 collections of 
information are 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 estimates of the 
burden of the proposed collections 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 collections 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. E9-8235 Filed 4-9-09; 8:45 am]
BILLING CODE 6717-01-P