[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Pages 27522-27524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13540]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC09-914-001]


Commission Information Collection Activities (FERC-914); Comment 
Request; Submitted for OMB Review

June 3, 2009.
AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3507 of the

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Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy 
Regulatory Commission (Commission or FERC) has submitted the 
information collection described below to the Office of Management and 
Budget (OMB) for review of the information collection requirements. Any 
interested person may file comments directly with OMB and should 
address a copy of those comments to the Commission as explained below. 
The Commission received no comments in response to the Federal Register 
notice (74FR 15472, 4/6/2009) and has made this notation in its 
submission to OMB.

DATES: Comments on the collection of information are due by July 10, 
2009.

ADDRESSES: Address comments on the collection of information to the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. 
Comments to OMB should be filed electronically, c/o [email protected] and include OMB Control Number 1902-0231 as a 
point of reference. The Desk Officer may be reached by telephone at 
202-395-4638.
    A copy of the comments should also be sent to the Federal Energy 
Regulatory Commission and should refer to Docket No. IC09-914-001. 
Comments may be filed either electronically or in paper format. Those 
persons filing electronically do not need to make a paper filing. 
Documents filed electronically via the Internet must be prepared in an 
acceptable filing format and in compliance with the Federal Energy 
Regulatory Commission submission guidelines. Complete filing 
instructions and acceptable filing formats are available at http://www.ferc.gov/help/submission-guide/electronic-media.asp. To file the 
document electronically, access the Commission's Web site and click on 
Documents & Filing, E-Filing (http://www.ferc.gov/docs-filing/efiling.asp), and then follow the instructions for each screen. First 
time users will have to establish a user name and password. The 
Commission will send an automatic acknowledgement to the sender's e-
mail address upon receipt of comments.
    For paper filings, an original and 2 copies of the comments should 
be submitted to the Federal Energy Regulatory Commission, Secretary of 
the Commission, 888 First Street, NE., Washington, DC 20426, and should 
refer to Docket No. IC09-914-001.
    All comments may be viewed, printed or downloaded remotely via the 
Internet through FERC's homepage using the ``eLibrary'' link. For user 
assistance, contact [email protected] or toll-free at (866) 
208-3676 or for TTY, contact (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
         FERC Data collection--FERC-914             respondents    responses per   burden hours    Total annual
                                                     annually       respondent     per 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
                                                 ---------------------------------------------------------------
    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; (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 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. E9-13540 Filed 6-9-09; 8:45 am]
BILLING CODE 6717-01-P