[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Notices]
[Pages 44833-44835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20850]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IC09-500-001 and IC09-505-001]


Commission Information Collection Activities (FERC-500 and FERC-
505); Comment Request; Submitted for OMB Review

August 24, 2009.

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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

SUMMARY: In compliance with the requirements of section 3507 of the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy 
Regulatory Commission (Commission or FERC) has submitted the 
information collections 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 (74 FR 16377, 4/10/2009) and has made this notation in its 
submissions to OMB.

DATES: Comments on the collections of information are due by September 
30, 2009.

ADDRESSES: Address comments on the collections 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 Numbers 1902-0058 (for 
FERC-500) and 1902-0115 (for FERC-505) as points of reference. For 
comments that pertain to only one of the collections, specify the 
appropriate collection. 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 Nos. IC09-500-001 and 
IC09-505-001. 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/user-guide.pdf. 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 Nos. IC09-500-001 and IC09-505-001.
    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: 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

[[Page 44834]]

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 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.
    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 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.). FERC 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.). FERC 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 FERC-500 and FERC-505, with no change to 
the existing reporting requirements.
    Burden Statement: The estimated annual public reporting burdens and 
the associated public costs follow.\1\
---------------------------------------------------------------------------

    \1\ These figures may not be exact, due to rounding.

----------------------------------------------------------------------------------------------------------------
                                                                                    Projected
                                                    Projected       Number of     average burden   Total annual
            Data collection \2\ \3\                 number of     responses per     hours per      burden hours
                                                   respondents     respondent        response
----------------------------------------------------------------------------------------------------------------
Annual Estimate for FERC-500...................               6               1        105,839.5         635,037
Annual Estimate for FERC-505...................              16               1          3,674            58,782
----------------------------------------------------------------------------------------------------------------
\2\ 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 Fiscal Year (FY) 2007 and FY 2008 filings.
\3\ 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.

    Using actual cost figures provided by filers \2\, the average 
annual cost per respondent is estimated as follows.

[[Page 44835]]



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

    The reporting burden \2\ 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 \2\ 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. E9-20850 Filed 8-28-09; 8:45 am]
BILLING CODE 6717-01-P