[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43871-43874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17414]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC13-13-000]


Commission Information Collection Activities (FERC-580); Comment 
Request

AGENCY: Federal Energy Regulatory Commission.

ACTION: Comment request.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction 
Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory 
Commission (Commission or FERC) is submitting the information 
collection, FERC Form No. 580 (Interrogatory on Fuel and Energy 
Purchase Practices), 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 
issued a Notice in the Federal Register (78 FR 26766, 5/8/2013) 
requesting public comments. FERC received two comments on the FERC-580. 
FERC addresses these comments in this notice and in its submittal to 
OMB.

DATES: Comments on the collection of information are due by August 21, 
2013.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No. 
1902-0137, should be sent via email to the Office of Information and 
Regulatory Affairs: [email protected]. Attention: Federal Energy 
Regulatory Commission Desk Officer. The Desk Officer may also be 
reached via telephone at 202-395-4718.
    A copy of the comments should also be sent to the Federal Energy 
Regulatory Commission, identified by the Docket No. IC13-13-000, by 
either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in 
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. 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.

[[Page 43872]]

    Docket: Users interested in receiving automatic notification of 
activity in this docket or in viewing/downloading comments and 
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

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

SUPPLEMENTARY INFORMATION:
    Title: Interrogatory on Fuel and Energy Purchase Practices (FERC 
Form No. 580),
    OMB Control No.: 1902-0137.\1\
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    \1\ In the 60-day public notice the Commission indicated that 
the control number was 1902-0131. The number shown here is the 
correct number for this collection.
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    Type of Request: Three-year approval of the FERC Form No. 580.
    Abstract: FERC Form No. 580 is collected in even numbered years. 
The Public Utility Regulatory Policies Act (PURPA) \2\ amended the 
Federal Power Act (FPA) and directed the Commission to make 
comprehensive biennial reviews of certain matters related to automatic 
adjustment clauses (AACs) in wholesale rate schedules used by public 
utilities subject to the Commission's jurisdiction. Specifically, the 
Commission is required to examine whether the clauses effectively 
provide the incentives for efficient use of resources and whether the 
clauses reflect only those costs that are either ``subject to periodic 
fluctuations'' or ``not susceptible to precise determinations'' in rate 
cases prior to the time the costs are incurred.
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    \2\ Enacted November 8, 1978
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    The Commission is also required to review the practices of each 
public utility under AACs ``to insure efficient use of resources under 
such clauses.'' \3\ In response to the PURPA directive, the Commission 
(Docket Number IN79-6-000) established an investigation. Beginning in 
1982, the Commission collected ``Interrogatory on Fuel and Energy 
Purchase Practices'' data every other year.
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    \3\ The review requirement is set forth in two paragraphs of 
Section 208 of PURPA, 49 Stat. 851; 16 U.S.C. 824d
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    In 2010, the Commission redesigned the form to collect the 
information electronically through use of a standard form. Based on 
filer comments in response to the new electronic form used in the 2010 
and 2012 collections, FERC recommends the following changes to the 
form:

Question 1

--Repair the email field to eliminate error messages.

Question 2

--Add a column labeled ``Is this AAC a fuel adjustment clause?''
--Add a column labeled ``Tariff volume number containing''. This 
information will aid staff in locating AACs.
--Remove the column and, thus, the request for information titled:

    [cir] ``Type/s of AAC''
    [cir] ``Type of costs that were passed through the AAC--if fuel, 
state fuel type''

    There has been an increasing number of AAC-related cost types. This 
field makes it difficult for Commission staff to repopulate the 
dropdowns for this column without additional OMB approval. The 
information otherwise gained from respondents supplying the information 
collected in these columns will not be lost. Staff will locate and 
recover the information from Commission rate filings by using the AAC 
identification information given by respondents in the first three 
columns of Question 2.

--Rename Question 2 columns as follows to correct typographical errors:

------------------------------------------------------------------------
                From                                  To
------------------------------------------------------------------------
Identify service agreement within    Identify service schedule, if any,
 rate schedule containing AAC.        where the AAC is located within
                                      the rate schedule.
If rate schedule superseded or       Was rate schedule superseded or
 abandoned during 2012-2013.          abandoned during 2012-2013?
------------------------------------------------------------------------

    Additional changes to Question 2 table:

--Add a check box to enable the utility to indicate that it had no non-
transmission related AACs during the reporting years, if the situation 
applies. This box, when checked, clearly indicates that there were no 
AACs to report.
--Add a ``Copy Row'' button to facilitate data entry.

    We are further reducing the amount of information required for AACs 
that are not fuel adjustment clauses. Utilities with no fuel adjustment 
clauses only need to respond to questions 1 and 2. Utilities with a FAC 
will continue to complete the entire form.

Question 3

--Reword the question from:

------------------------------------------------------------------------
                  From                                  To
------------------------------------------------------------------------
If during the 2010 and 2011 period, the  If during the 2012-2013 period,
 Utility had any contracts or             the Utility had any contracts
 agreements for the purchase of either    or agreements for the purchase
 energy or capacity under which all or    of either energy or capacity
 any portion of the purchase costs were   under which all or any portion
 passed through the AAC, for each         of the purchase costs were
 purchase provide the information         passed through a fuel
 requested in the table below. Provide    adjustment clause (FAC), for
 the information separately for each      each purchase from a PURPA
 reporting year 2010 and 2011. Do not     Qualifying Facility (QF) or
 report purchased power where none of     Independent Power Producer
 the costs were recovered through an      (IPP) provide the information
 AAC.                                     requested in the non-shaded
                                          columns of the table below.
                                          Provide the information
                                          separately for each reporting
                                          year 2012 and 2013. Do not
                                          report purchased power where
                                          none of the costs were
                                          recovered through an FAC. For
                                          each purchase where costs were
                                          flowed through an FAC, fill-in
                                          the non-shaded columns and
                                          either ``Only energy charges''
                                          or ``The total cost of the
                                          purchase of economic power''
                                          columns, whichever apply.
------------------------------------------------------------------------

    The Commission is only interested in QF and IPP information here 
and not every power purchase contracts/agreement. The language will be 
similar to what was used in Form No. 580 interrogatories prior to 2010.

--Remove the request for information and thus the columns titled:
    [cir] Was an after-the-fact comparison

[[Page 43873]]

made of actual avoided costs against the purchase costs?
    [cir] Were purchases made on an hourly economic dispatch basis?
    From the information provided in the 2010 and 2012 filings the 
Commission has found that it can fully evaluate regulatory compliance 
without this information.

Question 6

    Change the question as follows:

------------------------------------------------------------------------
                From                                  To
------------------------------------------------------------------------
For each fuel supply contract,       For each fuel supply contract, of
 where costs were subject to 18 CFR   longer than one year in duration,
 35.14, (including informal           in force at any time during 2012
 agreements with associated           and/or 2013, where costs were
 companies), in force at any time     subject to 18 CFR 35.14,
 during 2012 and/or 2013, of longer   (including informal agreements
 than one year in duration, provide   with associated companies),
 the requested information. Report    provide the requested information.
 the data individually, for each      Report the data individually for
 contract, for each calendar year.    each contract for each calendar
 [No response to any part of          year. No response to any part of
 Question 6 for fuel oil no. 2 is     Question 6 for fuel oil no. 2 is
 necessary.] Report all fuels         necessary. Report all fuels
 consumed for electric power          consumed for electric power
 generation and thermal energy        generation and thermal energy
 associated with the production of    associated with the production of
 electricity. Information for only    electricity. Information for only
 coal, natural gas, and oil should    coal, natural gas, and oil should
 be reported. Information for all     be reported.
 fuels e.g. fossil fuels, wood
 chips), except Uranium, should be
 reported.
------------------------------------------------------------------------

--As with the request for transportation information that was 
eliminated in 2010, the Commission has found alternative information 
sources and analytical approaches sufficient to eliminate the request 
for fuels other than coal, natural gas and oil.
--Add a ``Copy Contract'' button.

Question 6a

--Add a column labeled ``Is contract evergreen?''.
--Add a column labeled ``Pipeline quality? (Y/N)''.

Question 6b

--Add a new column to the fuel quantity section labeled: ``Coal (x10\3\ 
tons) not delivered by end of contract year.''
--Add a column labeled ``Pipeline quality? (Y/N)''.

    Questions 7 and 8. There are no proposed changes.
    Glossary: Define Evergreen contracts as follows: Evergreen 
contract: a contract that is renewed automatically or by notice from 
year to year until canceled by either party.
    Access to the Revised Materials: A copy of the form, desk 
reference, and glossary are attached to this docket as part of the 60-
day Federal Register notice issued by the Commission on May 2, 2013 but 
they are not included in the Federal Register.\4\ Interested parties 
can see the form electronically as part of this notice in FERC's 
eLibrary (http://www.ferc.gov/docs-filing/elibrary.asp) by searching 
Docket No. IC13-13-000 and accessing the ``FILE LIST'' for the May 2 
notice.
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    \4\ The form attached to the 60-day notice is for illustrative 
purposes only and does not include all the interactive features of 
the actual form. For a copy of the actual form, please contact Ellen 
Brown as indicated in this notice.
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    Interested parties may also request paper or electronic copies of 
the form and desk reference by contacting Ellen Brown, by telephone at 
(202) 502-8663, by fax at (202) 273-0873, or by email at 
[email protected].
    Type of Respondents: Large FERC-jurisdictional electric public 
utilities.
    Estimate of Annual Burden: \5\ The Commission  estimates the total 
Public Reporting Burden for this information collection as:
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    \5\ Burden is defined as the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. For 
further explanation of what is included in the information 
collection burden, reference 5 CFR 1320.3.
    \6\ The Form itself is only collected biennially but the data on 
the form is annual data. Therefore we maintain the convention of 
showing burden on an annual basis.

              FERC Form No. 580 (IC13-13-000): Interrogatory on Fuel and Energy Purchase Practices
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                                                     Number of                        Average        Estimated
                                     Number of     responses per   Total number    burden hours    total annual
                                    respondents     respondent     of responses    per response     burden \6\
                                             (A)             (B)     (A) x (B) =             (D)       (C) x (D)
                                                                             (C)
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Respondents with FACs...........              37             0.5            18.5             103         1,905.5
Respondents with AACs, but no                 10             0.5               5              20             100
 FACs...........................
Respondents with no AACs nor                  35             0.5            17.5               2              35
 FACs...........................
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    Total.......................  ..............  ..............  ..............  ..............         2,040.5
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    Despite the changes to the Form 580, burden estimates per response 
for each entity will not change from previously approved amounts. The 
burden estimate may vary by utility depending on whether the utility 
has or does not have an automatic adjustment clause and depending on 
whether or not those utilities with adjustment clauses allow automatic 
adjustment of fuel cost.

The total estimated annual cost burden to respondents is $142,835. 
[2040.5 hours * $70/hour \7\ = $142,835]
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    \7\ FY2013 Estimated Average Hourly Cost per FERC FTE, including 
salary + benefits.
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The estimated annual cost of filing the FERC Form 580 per response is 
$1,742. [$142,835 / 82 responses = $1,742/response]

    Public Comments and FERC Responses: Comments filed by the public in 
response to the FERC Form No. 580 Federal Register Notice of 
Information Collection and Request for Comments and FERC's response to 
those comments is provided below. For more detailed information 
regarding this collection of information, please see the Commission's 
submission at http://www.reginfo.gov/public/do/PRAMain, scroll to 
``Currently under Review'', key in ``Federal Energy Regulatory

[[Page 43874]]

Commission'' and scroll to 1902-0137, ``Interrogatory on Fuel and 
Energy Purchase Practices''.

Question 6b Additional Data Requested

    Southern Company Services, Inc. (SCS) requests clarification 
addressing why the Commission proposes to add a new column in Question 
6b titled ``Coal (x10\3\ tons) not delivered by end of contract year.'' 
SCS states that proper contextualization of annual variances between 
actual deliveries and contract quantities could impact confidential 
negotiations, and that it is commercially sensitive business 
information. Further, SCS states that the efficiencies gained by the 
other revisions proposed by the Commission are outweighed by the 
addition of this new column. SCS states that if the Commission deems 
that such inquiry is appropriate for Form 580, that the Commission 
provide more context around its intent in proposing such an addition.
    FERC Response: The proposal to add the new column to Question 6b 
originated with the Form 580 filers. Their issue is that it is not 
possible in the current form, to report coal delivered in, for example, 
2012 under a 2011 contract. Without the new column, the Commission 
would have no way of knowing that a delivered coal quantity less than 
its contract quantity was coal truly not delivered, and that it wasn't 
merely a typographical error in the form. Likewise, the Commission 
would assume all coal reported as delivered, was delivered during the 
contract year when it may not have been but was reported as delivered 
because there was no means provided in the form to report that it was 
not delivered. Not having the information that the column would 
provide, potentially results in assumptions leading to skewed data 
calculations. Further, coal contract amounts, delivery amounts, and 
shortage amounts have been determined by OMB for decades to be public 
information. In addition, the data requested in the new column are data 
routinely calculated by the utility and are readily available to enter 
into the form. Lastly, given the information that the Commission 
proposes to eliminate from the Form 580 for the 2014 reporting cycle, 
the reporting burden will not increase by adding this one column.

De Minimis Benchmarks

    Pacific Gas and Electric Company (PG&E) requests de minimis 
benchmarks from the Commission so that filers will know whether they 
are required or not to answer a question in the form without filing for 
a waiver.
    FERC response: In some cases, the Commission has found it 
unnecessarily burdensome for utilities to answer a particular question 
based on the information gained from doing so. Not surprisingly, the de 
minimis determination requires a case-specific analysis using a 
utility-by-utility approach. Any utility that believes that its burden 
is not worth the information that the Commission would gain is welcome 
to request a waiver and in doing so provide detailed case-specific 
information supporting its claim. This has been the procedure used in 
prior years by the Commission and is approved by OMB.

``Type of Request''

    PG&E also requests clarification of the term ``Type of Request'' 
stated at page 2 of FERC's Notice.
    FERC response: OMB requires approval/renewal of approvals of all 
collections of information every three years. The three year period 
does not refer to the collection frequency, but the period of time 
beyond which OMB's approval of a collection of information would expire 
if not renewed.

    Dated: July 15, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-17414 Filed 7-19-13; 8:45 am]
BILLING CODE 6717-01-P