[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Notices]
[Pages 53225-53226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24912]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IC10-60-000, IC10-61-000, and IC10-555A-000]


Commission Information Collection Activities (FERC Form 60, FERC-
61, and FERC-555A); Comment Request; Extensions

October 8, 2009.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed information collections 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 collections 
described below.

DATES: Comments in consideration of the collections of information are 
due December 15, 2009.

ADDRESSES: Comments may be filed either electronically or in paper 
format, and should refer to Docket Nos. IC10-60-000, IC10-61-000, and 
IC10-555A-000. (If comments apply to only one or two of the 
collections, indicate the corresponding docket numbers.) 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 acknowledgement 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 an 
original and 14 copies of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street, NE., 
Washington, DC 20426.
    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 Nos. IC10-60-000, IC10-61-000, and IC10-555A-
000. For user assistance, contact FERC Online Support (e-mail at 
[email protected], or call toll-free at (866) 208-3676, or for 
TTY, contact (202) 502-8659).

FOR FURTHER INFORMATION: 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: OMB Control Number 1902-0215 currently 
includes three information collections:
     FERC Form 60, ``Annual Report of Centralized Service 
Companies'',\1\ pursuant to 18 CFR 369.1 and 366.23, with details at 
http://www.ferc.gov/docs-filing/eforms/form-60/form-60.pdf,
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    \1\ This Notice in Docket No. IC10-60 is a separate proceeding 
from the recent Notice of Proposed Rulemaking (NOPR) that FERC 
issued on September 17, 2009, in Docket No. RM09-21-000 (``Revised 
Filing Requirements for Centralized Service Companies Under the 
Public Utility Holding Company Act of 2005, the Federal Power Act, 
and the Natural Gas Act''). The NOPR in Docket No. RM09-21-000 
proposes some clarifications related to the FERC Form 60. Docket No. 
RM09-21 is not a subject of this Notice in Docket No. IC10-60. 
Comments on Docket No. RM09-21-000 should be submitted in Docket No. 
RM09-21-000, and not in Docket No. IC10-60.
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     FERC-61 (``Narrative Description Of Service Company 
Functions''), pursuant to 18 CFR 366.23, and
     FERC-555A (``Preservation of Records of Holding Companies 
and Service Companies Subject to PUHCA'' [Public Utility Holding 
Company Act of 2005]), record retention requirements, pursuant to 18 
CFR 366.22, and Parts 367 and 368.
    On August 8, 2005, the Energy Policy Act of 2005 was signed into 
law, repealing the Public Utility Holding Company Act of 1935 (PUHCA 
1935) and enacting the Public Utility Holding Company Act of 2005 
(PUHCA 2005). Section 1264 (federal books and records access provision) 
and Section 1275 (non-power goods and services provision) of PUHCA 2005 
supplemented FERC's existing ratemaking authority under the Federal 
Power Act (FPA) to protect customers against improper cross-
subsidization or encumbrances of public utility assets, and similarly, 
FERC's ratemaking authority under the Natural Gas Act (NGA). These 
provisions of PUHCA 2005 supplemented the FERC's broad authority under 
FPA Section 301 and NGA Section 8 to obtain the books and records of 
regulated companies and any person that controls or is controlled by 
such companies if relevant to jurisdictional activities.
    FERC Form 60. Form No. 60 is an annual reporting requirement under 
18 CFR 366.23 for centralized service companies. The report is designed 
to collect financial information (including balance sheet, assets, 
liabilities, billing and charges for associated and non-associated 
companies) from centralized service companies subject to the 
jurisdiction of the FERC. Unless the holding company system is exempted 
or granted a waiver by Commission rule or order pursuant to 18 CFR 
366.3 and 366.4, every centralized service company in a holding company 
system must prepare and file electronically with the FERC the Form No. 
60, pursuant to the General Instructions in the form.
    FERC-61. FERC-61 is a filing requirement for service companies in 
holding company systems (including special purpose companies) that are 
currently exempt or granted a waiver of FERC's regulations and would 
not have to file FERC Form 60. Instead, those service companies are 
required to file, on an annual basis, a narrative description of the 
service company's functions during the prior calendar year (FERC-61). 
In complying, a holding company may make a single filing on behalf of 
all of its service company subsidiaries.
    FERC-555A. FERC prescribed a mandated preservation of records 
requirement for holding companies and service companies (unless 
otherwise exempted by FERC). This requires them to maintain and make 
available to FERC their books and records. The preservation of records 
requirement

[[Page 53226]]

provides for uniform records retention by holding companies and 
centralized service companies subject to PUHCA 2005.
    Data from the FERC Form 60, FERC-61, and FERC-555A provide a level 
of transparency that: (1) Helps protect ratepayers from pass-through of 
improper service company costs, (2) enables FERC to review and 
determine cost allocations (among holding company members) for certain 
non-power goods and services, (3) aids FERC in meeting its oversight 
and market monitoring obligations, and (4) benefits the public, both as 
ratepayers and investors. In addition, the records are used by the 
FERC's audit staff during compliance reviews and special analyses.
    If data from the FERC Form 60, FERC-61, and FERC-555A were not 
available, FERC would not be able to meet its statutory 
responsibilities, under EPAct 1992, EPAct of 2005, and PUHCA 2005, and 
FERC would not have all of the regulatory mechanisms necessary to 
ensure customer protection.

ACTION: The Commission is requesting a three-year extension of the 
current FERC Form 60, FERC-61, and FERC-555A requirements, with no 
changes.
    Burden Statement: The estimated, average annual public reporting 
burden \2\ follows.
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    \2\ Employees work an average of 2,080 hours per year and cost 
an estimated $128,297 per year. The average hourly cost is 
$61.68125/hour [($128,297/year)/(2080 hours/year)].

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                                                                                                   Total annual
                                                   Annual no. of  Average no. of  Average burden   burden hours
           FERC information collection              respondents    responses per     hours per      (1) x (2) x
                                                        (1)       respondent (2)   response (3)         (3)
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FERC Form 60....................................              34               1          32.718           1,112
FERC-61.........................................              22               1            .500              11
FERC-555A.......................................             100               1       1,080.000         108,000
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    Totals......................................  ..............  ..............  ..............         109,123
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[Note: The figures may not be exact, due to rounding.]

    The total estimated annual cost burdens to respondents follow.

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                                               Annual burden                                   Total annual cost
        FERC information collection              (Hrs.) (1)     Average cost ($) per hour (2)    ($) (1) x (2)
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FERC Form 60 \2\...........................              1,112  $61.68125/hour...............         $68,589.55
FERC-61 \2\................................                 11  $61.68125/hour...............            $678.49
FERC-555A \3\..............................            108,000  .............................  $1,912,341.25 \3\
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    Totals.................................  .................  .............................      $1,981,609.29
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    \3\ Based on an estimated 120 cubic feet of paper records per 
respondent, the total estimated annual cost to all respondents is 
$1,912,341.25 [$1,836,000 (for staffing), plus $76,341.25 (for 
storage)]. However, the storage of paper (and related record 
retention and access) is more expensive than electronic storage, so 
savings are accomplished when documents are stored electronically 
(e.g., by using on-line electronic storage or removable storage 
media like CD-ROM or thumb drives). It would appear that these 
records are likely stored electronically, so the estimated cost 
($1,912,341.25) of storage for paper only is the worst case 
estimate.
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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 estimates 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 burdens 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. E9-24912 Filed 10-15-09; 8:45 am]
BILLING CODE 6717-01-P