[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Notices]
[Pages 97-98]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33636]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC12-3-000]


Commission Information Collection Activities, Proposed Collection 
(FERC-598); Comment Request; Extension

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 (FERC or Commission) is soliciting public 
comment on the specific aspects of the information collection described 
below.

DATES: Comments in consideration of the collection of information are 
due March 5, 2012.

ADDRESSES: Comments may be filed either electronically (eFiled) or in 
paper format, and should refer to Docket No. IC12-3-000. 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. eFiling instructions are available at: http://www.ferc.gov/docs-filing/efiling.asp. First time users must follow 
eRegister instructions at: http://www.ferc.gov/docs-filing/eregistration.asp, to establish a user name and password before 
eFiling. The Commission will send an automatic acknowledgement to the 
sender's email address upon receipt of eFiled comments. Commenters 
making an eFiling should not make a paper filing. Commenters that are 
not able to file electronically must send an original 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. All comments and FERC issuances may be 
viewed, printed or downloaded remotely through FERC's eLibrary at: 
http://www.ferc.gov/docs-filing/elibrary.asp, by searching on Docket 
No. IC12-3-000. For user assistance, contact FERC Online Support by 
email at [email protected], or by phone at: (866) 208-3676 
(toll-free), or (202) 502-8659 for TTY.

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

SUPPLEMENTARY INFORMATION: The Commission uses the information 
collected under the requirements of FERC-598, ``Self Certification for 
Entities Seeking Exempt Wholesale Generator or Foreign Utility Company 
Status'' (OMB Control No. 1902-0166), to implement the statutory 
provisions of Title XII, subchapter F of the Energy Policy Act of 2005 
(EPAct 2005).\1\
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    \1\ Energy Policy Act of 2005, Public Law 109-58, 119 Stat. 594 
(2005) (codified at 42 U.S.C. 16451, et seq.)
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    EPAct 2005 repealed the Public Utility Holding Company Act (PUHCA) 
of 1935 in its entirety, including section 32. This repeal enabled the 
Commission to exempt wholesale generators from PUHCA 1935 on a case-by-
case basis. The Commission amended its regulations (in Order No. 667 
\2\) to add procedures for self-certification by entities seeking 
exempt wholesale generator (EWG) and foreign utility company (FUCO) 
status. Moreover, Order No. 667 implemented the repeal of PUHCA 1935 
and the supplementary enactment of PUHCA 2005. This self-certification 
is similar to the process available to entities that seek qualifying 
facility status.
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    \2\ Repeal of the Public Utility Holding Company Act of 1935 and 
Enactment of the Public Utility Holding Company Act of 2005, 70 FR. 
75,592 (2005), FERC Statutes and Regulations ] 31,197 (2005) Order 
on reh'g, 71 FR 28,446 (2006), FERC Statutes and Regulations ] 
31,213 (2006), order on reh'g, 71 FR 42,750 (2006), FERC Statutes 
and Regulations ] 31,224 (2006), order on reh'g, FERC ] 61,133 
(2007).
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    An EWG is a ``person engaged directly, or indirectly through one or 
more affiliates * * *, and exclusively in the business of owning or 
operating, or both owning and operating, all or part of one or more 
eligible facilities and selling electric energy at wholesale.'' \3\ A 
FUCO is a company that ``owns or operates facilities that are not 
located in any state and that are used for the generation, 
transmission, or distribution of electric energy for sale or the 
distribution at retail of natural or manufactured gas for heat, light, 
or power, if such company: (1) Derives no part of its income, directly 
or indirectly, from the generation, transmission, or distribution of 
electric energy for sale or the distribution at retail of natural or 
manufactured gas for heat, light, or power, within the United States; 
and (2) neither the company nor any of its subsidiary companies is a 
public-utility company operating in the United States.'' \4\
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    \3\ 18 CFR 366.1.
    \4\ 18 CFR 366.1.
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    An exempt EWG or FUCO or its representative may file with the 
Commission a notice of self certification demonstrating that it 
satisfies the definition of exempt wholesale generator or foreign 
utility company. In the case of EWGs, the person filing a notice of 
self certification must also file a copy of the notice of self 
certification with the state regulatory authority of the state in which 
the facility is located and that person must also represent to the 
Commission in its submission that it has filed a copy of the notice 
with the appropriate state regulatory authority.\5\
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    \5\ 18 CFR 366.7.
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    A submission of the information is necessary for the Commission to 
carry out its responsibilities under EPAct 2005.\6\ The Commission 
implements its responsibilities through the Code of Federal Regulations 
(CFR) Title 18 Part 366. These filing requirements are mandatory.
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    \6\ 42 U.S.C. 16451 et seq.
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    Action: The Commission is requesting a three-year extension of the 
current expiration date with no changes to the existing collection. The 
information filed with the Commission is mandatory.

[[Page 98]]

    Burden Statement: The Commission estimates the Public Reporting 
Burden for this collection as:

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                                                                  Number of      Average burden    Total annual
              Number of respondents annually (1)                responses per      hours per       burden hours
                                                                respondent (2)    response (3)     (1)*(2)*(3)
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102..........................................................               1                6              612
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    The total annual cost of filing FERC-598 is: 612 hours/2080 \7\ 
hours x $142,372 \8\ per year = $41,890. The annual cost of filing 
FERC-598 per respondent is $411. This cost estimate for respondents 
includes salary and employee benefits and is based on the cost for 
professional and clerical support within the Commission.
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    \7\ Number of hours an employee works per year.
    \8\ 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, using 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 filing 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.
    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 through the use of automated collection 
techniques or other forms of information technology.

    Dated: December 23, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-33636 Filed 12-30-11; 8:45 am]
BILLING CODE 6717-01-P