[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Rules and Regulations]
[Pages 43619-43625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17950]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 46

[Docket No. RM15-3-000; Order No. 812]


Revisions to Public Utility Filing Requirements

AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Final rule.

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SUMMARY: The Commission is revising its regulation to eliminate the 
requirement to submit FERC-566 (Annual Report of a Utility's 20 Largest 
Customers) for regional transmission organizations, independent system 
operators, and exempt wholesale generators. The Commission is also 
revising its regulations to eliminate the requirement to submit FERC-
566 for public utilities that have not made any reportable sales under 
FERC-566 in any of the three preceding years. Further, the Commission 
is eliminating the requirement for public utilities submitting FERC-566 
to identify individual residential customers by name and address.

DATES: This rule will become effective October 6, 2015.

FOR FURTHER INFORMATION CONTACT: 
Mary LaFave (Technical Information), Office of Energy Market 
Regulation, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426, (202) 502-6060
Lina Naik (Legal Information), Office of the General Counsel, Federal 
Energy Regulatory Commission, 888 First Street NE., Washington, DC 
20426, (202) 502-8882

SUPPLEMENTARY INFORMATION: 

Table of Contents

 
                                                         Paragraph Nos.
 
I. Discussion........................................                  2
    A. RTOs and ISOs.................................                  5
        1. Commission Proposal.......................                  5
        2. Comments..................................                  6
        3. Commission Determination..................                 11
    B. EWGs..........................................                 15
        1. Commission Proposal.......................                 15
        2. Comments..................................                 16
        3. Commission Determination..................                 17
    C. Public Utilities That Have Not Made Reportable                 18
     Sales in Preceding Three Years..................
        1. Commission Proposal.......................                 18
        2. Comments..................................                 19
        3. Commission Determination..................                 23
    D. Identification Requirement....................                 26
        1. Commission Proposal.......................                 26
        2. Comments..................................                 27
        3. Commission Determination..................                 30
II. Information Collection Statement.................                 35
III. Environmental Analysis..........................                 41
IV. Regulatory Flexibility Act Certification.........                 42
V. Document Availability.............................                 46
VI. Effective Date and Congressional Notification....                 49
 


[[Page 43620]]

Order No. 812--Final Rule

    1. In this final rule, the Commission revises part 46 of its 
regulations to eliminate the requirement to submit FERC-566 (Annual 
Report of a Utility's 20 Largest Customers) for regional transmission 
organizations (RTOs), independent system operators (ISOs), and exempt 
wholesale generators (EWGs). The Commission also revises its 
regulations to eliminate the requirement to submit FERC-566 for public 
utilities that have not made any reportable sales under FERC-566 in any 
of the three preceding years. Further, the Commission is eliminating 
the requirement for public utilities submitting FERC-566 to identify 
individual residential customers by name and address.

I. Discussion

    2. Section 305(c) of the FPA requires, among other things, that, on 
or before January 31 of each calendar year, each public utility shall 
publish a list, pursuant to rules prescribed by the Commission, of any 
company, firm, or organization that is one of the 20 purchasers of 
electric energy which purchased (for purposes other than resale) one of 
the 20 largest annual amounts of electric energy sold by such public 
utility (or by any public utility which is part of the same holding 
company system) during any one of the three calendar years immediately 
preceding the filing date.\1\
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    \1\ 16 U.S.C. 825d(c).
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    3. The Commission implemented Congress's mandate in part 46 of the 
Commission's regulations.\2\ Section 46.3 of the regulations thus 
provides, in relevant part, that, on or before January 31 of each year, 
each public utility shall compile a list of purchasers of electric 
energy (other than for resale), and shall identify each purchaser by 
name and principal business address, and shall submit the list to the 
Secretary and make the list publicly available. The list identifies 
each purchaser who, during any of the three preceding calendar years, 
purchased (for purposes other than resale) from a public utility one of 
the 20 largest amounts of electric energy by such public utility, and 
the public utility is required to notify each purchaser which has been 
identified on the list.\3\
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    \2\ 18 CFR part 46.
    \3\ 18 CFR 46.3.
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    4. In a Notice of Proposed Rulemaking (NOPR) issued on December 18, 
2014, the Commission proposed to revise its regulations to reduce the 
regulatory burden of compliance on public utilities, while meeting the 
statutory standards set forth in the FPA. Specifically, the Commission 
proposed to eliminate the requirement to submit FERC-566 for RTOs, 
ISOs, and EWGs, as well as public utilities that have not made any 
reportable sales in any of the three preceding years. The Commission 
further proposed to eliminate the requirement for public utilities 
submitting FERC-566 to identify individual residential customers by 
name and address.\4\
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    \4\ Revisions to Public Utility Filing Requirements, 79 FR 
78,739 (Dec. 31, 2014), FERC Stats. & Regs., Proposed Regs. ] 32,704 
(2014).
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A. RTOs and ISOs

1. Commission Proposal
    5. The Commission proposed to eliminate the requirement to submit 
FERC-566 for RTOs and ISOs. The Commission stated that the statute 
expressly seeks to acquire information about purchasers of electric 
energy who purchased ``for purposes other than resale.'' \5\ The 
Commission noted that, by their nature, RTOs and ISOs are focused 
primarily on sales of electric energy for resale.
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    \5\ 16 U.S.C. 825(c)(2)(D).
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2. Comments
    6. The ISO/RTO Council,\6\ South Central MCN, LLC (South Central 
MCN) and Midcontinent MCN, LLC (Midcontinent MCN), Edison Electric 
Institute (EEI), International Transmission Company d/b/a ITC 
Transmission, Michigan Electric Transmission Company, LLC, ITC Midwest 
LLC, and ITC Great Plains, LLC (collectively ITC), and Financial 
Marketers Coalition support the proposed rule to eliminate the 
requirement that RTOs and ISOs submit FERC-566.
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    \6\ The ISO/RTO Council is comprised of Alberta Electric System 
Operator; California Independent System Operator Corporation; 
Electric Reliability Council of Texas, Inc.; Independent Electricity 
System Operator; ISO New England Inc.; Midcontinent Independent 
System Operator, Inc.; New York Independent System Operator, Inc.; 
PJM Interconnection, L.L.C.; and Southwest Power Pool, Inc.
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    7. South Central MCN and Midcontinent MCN support eliminating the 
requirement that RTOs and ISOs submit FERC-566, but recommend that the 
Commission also extend the exemption to all transmission-only companies 
(transcos) such as South Central MCN and Midcontinent MCN. South 
Central MCN and Midcontinent MCN state that, like RTOs and ISOs, 
transcos, by their nature, do not make any retail sales of electricity 
and do not have any retail customers. Accordingly, transcos will not 
have reportable sales under FERC-566 and should be exempted from the 
filing requirement.
    8. Similarly, EEI recommends that the Commission extend the 
reporting exemption to cover qualifying facilities (QFs). EEI states 
that QFs engage in sales primarily or exclusively at wholesale. EEI 
submits that eliminating the reporting requirement on QFs would ease 
the administrative burden for both them and the Commission.
    9. In addition, EEI encourages the Commission to clarify that 
public utilities participating in RTO and ISO markets are also exempt 
from the FERC-566 filing requirement as to all transactions conducted 
in those markets. EEI submits that the RTO and ISO markets are 
essentially wholesale in nature and participants in those markets will, 
by definition, be engaging only in non-reportable sales in the markets. 
Finally, EEI notes that the Commission should correct the proposed 
regulatory text in section 46.3(a)(2) by replacing ``Regional 
Transmission Operators'' with ``Regional Transmission Organizations.''
    10. Powerex Corp. (Powerex) argues that the Commission should 
expand its exemptions from FERC-566 reporting to include public 
utilities that have a de minimis market presence in making sales to 
purchasers ``for purposes other than resale.'' Powerex asserts that 
this would recognize that many public utility sellers are almost 
exclusively engaged in wholesale sales. Specifically, Powerex proposes 
that the Commission establish a de minimis threshold for exemption from 
filing FERC-566 if the seller makes 4,000,000 megawatt-hours (MWhs) or 
less of annual non-wholesale sales (based on an average of the non-
wholesale sales it made in the preceding three years). Powerex claims 
that this is the de minimis market presence threshold that the 
Commission adopted for non-public utilities in its decision to exclude 
certain non-public utilities from the requirement to submit Electric 
Quarterly Reports (EQR).
3. Commission Determination
    11. The Commission will adopt the proposed exemption of RTOs and 
ISOs from the requirement to file FERC-566. We also revise proposed 
section 46.3(a)(2) by replacing ``Regional Transmission Operators'' 
with ``Regional Transmission Organizations.'' We find that the revised 
regulation will reduce the regulatory burden of compliance on RTOs and 
ISOs.
    12. We decline to grant the clarification requested by EEI that 
public utilities participating in RTO and ISO markets are exempt from 
the FERC-566 filing requirement as to all

[[Page 43621]]

transactions conducted in those markets. Such utilities may well also 
make sales ``for purposes other than for resale,'' and the statutory 
directive encompasses such utilities and such sales.\7\ Adopting EEI's 
suggestion would virtually eliminate the filing requirement, contrary 
to the statute. We also decline to grant EEI's request to exempt QFs 
from the requirement to file FERC-566. QFs, in fact, may make sales 
``for purposes other than for resale,'' and the statutory directive 
encompasses such utilities and such sales. Moreover, in its regulations 
exempting QFs from certain provisions of the FPA, the Commission 
specifically excluded FPA section 305(c). Specifically, section 
292.601(c) states that ``[a]ny qualifying facility . . . shall be 
exempt from all sections of the Federal Power Act, except: . . . 
Sections 305(c).'' \8\ We are not persuaded to change that regulation 
at this time.
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    \7\ Insofar as EEI may be concerned about sales made in those 
markets, to the extent those sales may be sales for resale, such 
sales would not be themselves reportable in any event. Only sales 
for purposes other than for resale are reportable.
    \8\ 18 CFR 292.601(c)(4).
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    13. Likewise, we decline to extend the exemption to transcos. We 
agree with South Central MCN and Midcontinent MCN that transcos by 
their nature would be unlikely to make retail sales. Unlike RTOs and 
ISOs, however, transcos are not defined in the Commission's regulations 
and as such, are not as easily identified. Further, a transco may 
also--at any time--readily shift its business strategy to encompass 
making sales for purposes other than for resale. And, in any event, if 
a transco does not, in fact, make any sales for purposes other than 
resale, the burden is minimal, particularly given the further change 
that we adopt below to eliminate the reporting obligation when a public 
utility makes no reportable sales for the preceding three years.
    14. We also decline to establish a de minimis threshold for 
exemption from filing FERC-566. The language of the statute does not 
appear to permit the Commission to establish the kind of exemption 
Powerex seeks. Further, while Powerex claims that this is the de 
minimis market presence threshold the Commission adopted for non-public 
utilities in its decision to exclude certain non-public utilities from 
the requirement to submit EQRs, such reports were not expressly 
required by the statute but instead were established by the Commission. 
Thus, the Commission has far greater leeway in allowing exemptions from 
EQR reporting requirements.

B. EWGs

1. Commission Proposal
    15. The Commission proposed to eliminate the requirement to submit 
FERC-566 for EWGs. The Commission noted that, by definition, EWGs do 
not have retail customers.\9\ Because the statute seeks to acquire 
information about purchasers of electric energy who purchased for 
purposes other than for resale, i.e., for retail, EWGs should not be 
required to submit FERC-566.
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    \9\ The Commission's regulations define an EWG as any person 
that is ``engaged . . . 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.'' 18 
CFR 366.1 (emphasis added).
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2. Comments
    16. The NRG Companies (NRG), Financial Marketers Coalition, South 
Central MCN and Midcontinent MCN, ITC, and EEI support the proposed 
elimination of the requirement that EWGs submit FERC-566. NRG states 
that eliminating the obligation to have EWGs file a blank form will 
remove an administrative burden on companies, will be consistent with 
directives in the Government Paperwork Elimination Act to reduce the 
information collection burden, and will not have any impact on the 
reporting of actual customers to the Commission.
3. Commission Determination
    17. The Commission will adopt the proposed exemption. We find that 
the revised regulation will reduce the regulatory burden of compliance 
on EWGs, who definitionally cannot make sales for purposes other than 
for resale.\10\
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    \10\ See supra note 10.
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C. Public Utilities That Have not Made Reportable Sales in Preceding 
Three Years

1. Commission Proposal
    18. The Commission proposed to eliminate the requirement to submit 
FERC-566 for those public utilities that have not made any reportable 
sales in any of the three preceding years. The Commission stated that 
section 305(c) requires public utilities to publish a list of 
purchasers; it does not require a report of the absence of purchasers.
2. Comments
    19. NRG, ITC, South Central MCN and Midcontinent MCN, Financial 
Marketers Coalition and EEI support the proposed rule to eliminate the 
requirement to submit FERC-566 for public utilities that have not made 
any reportable sales in any of the three preceding years. NRG states 
that, of its over 100 public utilities, less than 10 typically have 
retail customers in any given year, and, therefore, for the majority of 
its public utilities, NRG does not have customers to report on FERC-
566. ITC states that, as independent electric transmission companies, 
its operating companies have never made reportable sales. EEI agrees 
that public utilities that have only wholesale sales in the three year 
period covered by each annual FERC-566 should not be required to file 
the report. NRG, ITC, South Central MCN and Midcontinent MCN, and EEI 
variously assert that it makes no sense to file a report when there is 
no reportable information, that there is no benefit to the Commission 
or parties in indicating no reportable sales, and that such an 
exemption will promote administrative efficiency.
    20. In addition, EEI states that the Commission should clarify 
proposed section 46.3(a)(4) in one respect. EEI states that, by stating 
that any public utility without ``reportable sales'' in the three year 
period is exempt from filing FERC-566, the Commission should specify 
that it means to exempt any public utility with ``no sales or only 
wholesale sales'' in the three year period.
    21. EEI also states that because section 305(c)(2) applies only to 
public utilities and their sales, it recommends that the Commission 
clarify that only public utilities within a holding company system need 
to file FERC-566, and only sales by such utilities within the holding 
company system need to be considered in compiling the report.
    22. Powerex states that there is uncertainty as to the types of 
transactions that fall within the Commission's Part 46 reporting 
requirements regarding sales of electric energy to purchasers ``for 
purposes other than for resale.'' Powerex submits that the Commission 
should clarify how public utilities should identify sales to purchasers 
``for purposes other than for resale'' for inclusion in FERC-566. 
Powerex states that, as a marketer, it generally does not have 
information on whether its purchasers subsequently resold the power 
they purchased from Powerex. Powerex states that, out of an abundance 
of caution and to ensure compliance, in its FERC-566 submissions it 
submits an overly-inclusive listing of purchasers it believes have end-
use facilities and would otherwise be required to possess, but do not 
appear to currently have, Commission authorization to make market-based 
rate wholesale sales.

[[Page 43622]]

3. Commission Determination
    23. The Commission will adopt the proposed regulation, but will 
clarify it in accordance with the suggestion by EEI, by replacing 
``public utilities that have no reportable sales as defined in section 
(b)'' with ``public utilities that have either no reportable sales as 
defined in paragraph (b) or only sales for resale.'' We find that this 
revised regulation will reduce the regulatory burden of compliance on 
public utilities that have no reportable sales.
    24. We decline to grant the clarification requested by EEI that 
only public utilities within a holding company system need to file 
FERC-566, and only the sales by such utilities within the holding 
company system need to be considered in compiling the report. FPA 
section 305(c) applies to all public utilities, not just public 
utilities within a holding company system.
    25. We disagree with Powerex that there is uncertainty as to the 
types of transactions that fall within the Commission's Part 46 
reporting requirements regarding sales of electric energy to purchasers 
``for purposes other than for resale.'' Section 305(c) of the FPA 
requires that each public utility shall publish a list of any company, 
firm, or organization that, during any one of the three calendar years 
preceding the filing date, was one of the 20 purchasers of electric 
energy ``which purchased (for purposes other than for resale) one of 
the 20 largest annual amounts of electric energy sold by such public 
utility (or by any public utility which is part of the same holding 
company system)'' during any one of those three years.\11\
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    \11\ 16 U.S.C. 825d(c).
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D. Identification Requirement

1. Commission Proposal
    26. The Commission proposed to eliminate the requirement for public 
utilities submitting FERC-566 to identify individual residential 
customers by name and address. The Commission noted that the 
regulations currently require that each public utility identify each 
purchaser on the list of the 20 largest purchasers by name and 
principal business address, but that it may not be necessary to have 
such detailed information about residential customers.
2. Comments
    27. Financial Marketers Coalition, South Central MCN and 
Midcontinent MCN, EEI and ITC support the proposed rule to eliminate 
the requirement for public utilities submitting FERC-566 to identify 
individual residential customers by name and address.
    28. Contending that the current regulations go beyond the statutory 
requirements, EEI states that the Commission should eliminate the need 
to report residential customers by clarifying that public utilities 
need report only any ``company, firm, or organization'' that falls 
within the 20 highest-volume purchasers in any of the preceding three 
years. EEI also states that the Commission should eliminate from 
section 46.3 the requirement to notify and include the address of each 
of the purchasers listed in FERC-566. EEI further states that the 
Commission should eliminate the requirement at section 46.3(e) to 
submit revised FERC-566 by March 1 of each year if the January 31 
filing was based on estimated data. EEI submits that this filing is not 
required by statute, is unnecessary, and adds to the reporting burden. 
EEI states that, if the Commission does not eliminate the requirement 
altogether, the Commission should specify that revised reports need to 
be filed only if new data available by March 1 would make a material 
difference in the report.
    29. EEI also states that the Commission should clarify that despite 
the ``aggregation'' provision at section 46.3(c), public utilities can 
treat individual stores or other facilities within a family of stores 
or parent company as separate customers rather than having to be 
batched, if the stores or facilities purchase or pay for their 
electricity separately rather than as a group through the parent 
company.
3. Commission Determination
    30. The Commission will adopt the proposed regulation to eliminate 
the requirement for public utilities submitting FERC-566 to identify 
individual residential customers by name and address. Instead we will 
allow public utilities to identify individual residential customers as 
``Residential Customer,'' and provide a zip code in lieu of an address. 
We find that the revised regulation will reduce the regulatory burden 
of compliance on public utilities.
    31. We agree with EEI that the requirement that public utilities 
notify the 20 largest purchasers, currently found in section 46.3 of 
the regulations, is unnecessary. Thus, we eliminate this requirement 
from the regulations.
    32. However, we decline to grant the clarification requested by EEI 
that public utilities need not report residential customers but rather 
need report only any ``company, firm, or organization'' that falls 
within the 20 highest-volume purchasers in any of the preceding three 
years. EEI seeks to draw a distinction not made by the statute, 
because, although the statute requires public utilities to report ``any 
company, firm, or organization'' which was one of the 20 largest 
purchasers of electric energy, an individual residential customer 
could, in fact, be a business structured as a sole proprietorship or 
some other ownership structure; this could explain why a residential 
customer is one of the public utility's 20 largest purchasers.
    33. We also disagree with EEI that public utilities may treat 
individual stores or other facilities within a family of stores or 
under a parent company as separate customers rather than having to be 
batched, if the stores or facilities purchase or pay for their 
electricity separately rather than as a group through the parent 
company. The statute requires the reporting of ``purchasers'' of 
electric energy, not accounts. Therefore, even if a family of stores or 
other facilities within a family pay for their electric energy 
separately, it would be appropriate to aggregate them in accordance 
with the statute and section 46.3(c) of the Commission's 
regulations.\12\
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    \12\ Even if we were to adopt such a change, it would not reduce 
the reporting from 20 purchasers to some lesser number. While some 
purchasers might drop off the list as a result, others that were 
previously the 24th or 27th largest purchasers, for example, would 
then effectively move up the list to within the 20 largest 
purchasers. In short, who is on the list might change, but the 
number of purchasers reported would not change.
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    34. We also decline to grant EEI's request that we eliminate the 
requirement to submit revised FERC-566 reports by March 1 of each year 
if the January 31 filing was based on estimated data. Although not 
specifically required by statute, the regulation helps ensure that the 
data collected is accurate.

II. Information Collection Statement

    35. The Paperwork Reduction Act (PRA) requires each federal agency 
to seek and obtain Office of Management and Budget (OMB) approval 
before undertaking a collection of information directed to ten or more 
persons or contained in a rule of general applicability. OMB's 
regulations,\13\ in turn, require approval of certain information 
collection requirements imposed by agency rules. Upon approval of a 
collection(s) of information, OMB will assign an OMB control number and 
an expiration date. Respondents subject to the filing requirements of a 
rule will not be penalized for failing to respond to these

[[Page 43623]]

collections of information unless the collections of information 
display a valid OMB control number.
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    \13\ 5 CFR part 1320.
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    36. The Commission is submitting the proposed modifications to its 
information collection to OMB for review and approval in accordance 
with section 3507(d) of the Paperwork Reduction Act of 1995.\14\ In the 
NOPR, the Commission solicited comments on the Commission's need for 
this information, whether the information will have practical utility, 
the accuracy of the burden estimates, ways to enhance the quality, 
utility, and clarity of the information to be collected or retained, 
and any suggested methods for minimizing respondents' burden, including 
the use of automated information techniques.
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    \14\ 44 U.S.C. 3507(d).
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    37. The Commission did not receive any comments specifically 
addressing the burden estimates provided in the NOPR. The Commission 
did receive comments on eliminating or further modifying filing 
requirements; those comments and the Commission's responses are 
addressed above. Public Reporting Burden: The burden and cost estimates 
below are based on the estimated reduction in burden for: (a) Entities 
that would no longer have to file the annual report of twenty largest 
purchasers, (b) filers that would no longer have to identify individual 
residential customers by name and address, and (c) filers that would no 
longer be required to notify the 20 largest purchasers appearing on the 
list. The Commission estimates the current annual report requires (on 
average) six hours to prepare and to file. Implementation of this Final 
Rule will reduce the number of filings (due to the discontinuance of 
filings from the six RTOs/ISOs and an additional 880 filers that report 
no purchasers, including EWGs, and reduce the average number of hours 
per filing for the remaining filers (due to the elimination of the name 
and address for residential customers, and notification to the 20 
largest purchasers).
    38. The following table provides the current OMB-approved burden 
estimate, as well as the estimated burden reductions being implemented 
by this Final Rule:

                                           FERC-566, Estimated Burden
                                                    [Rounded]
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                                                                                 Average burden   Annual burden
                                  Number of     Annual number  Total number of    hours & cost    hours & total
     Respondent category         respondents    of responses      responses       per response     annual cost
                                               per respondent                         \15\             \16\
                                          (1)             (2)  (1)*(2) = (3)..  (4)............  (3)*(4) = (5)
----------------------------------------------------------------------------------------------------------------
               Current OMB-Approved Burden Estimate, before Implementation of Final Rule in RM15-3
----------------------------------------------------------------------------------------------------------------
All Filers...................           1,082               1  1,082..........  6..............  6,492
----------------------------------------------------------------------------------------------------------------
                          Elimination of Selected Filings, due to Final Rule in RM15-3
----------------------------------------------------------------------------------------------------------------
Elimination of filings by                   6               1  elimination of   (elimination) -  (elimination) -
 RTOs/ISOs.                                                     6.               6 hrs.; -$432.   36 hrs.; -
                                                                                                  $2,592
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Elimination of Filings by                 880               1  elimination of   (elimination) -  (elimination) -
 Filers with No Purchasers                                      880.             6 hrs.; -$432.   5,280 hrs.; -
 (including EWGs).                                                                                $380,160
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                       Burden Reduction of Remaining Filings, due to Final Rule in RM15-3
----------------------------------------------------------------------------------------------------------------
Elimination of Name & Address              29               1  29.............  (reduction) -    (reduction) -
 for Residential. Customers                                                      0.25 hrs.; -     7.25 hrs.; -
 \17\.                                                                           $18.             $522
Elimination of Requirement to             196               1  196............  (reduction) -    (reduction) -98
 Notify 20 Largest Purchasers                                                    0.5 hrs.; -$36.  hrs.; -$7,056
 \18\.
                              ----------------------------------------------------------------------------------
    Total Reduction                       886               1  (elimination) -  ...............  (elimination of
     (rounded), due to                                          886.                              filings and
     implementation of RM15-                                                                      reduction of
     3).                                                                                          hours) -5,421
                                                                                                  hrs.; -
                                                                                                  $390,312
                              ----------------------------------------------------------------------------------
    Net Total, after                      196               1  196............  5.46 hrs.;       1,071 hrs.;
     implementation of RM15-3                                                    $393.34.         $77,094
     \19\.
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    Title: Annual Report of Twenty Largest Purchasers (FERC-566).
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    \15\ The estimates for cost per response are derived using the 
following formula: Burden Hours per Response * $72.00/hour = Cost 
per Response. The $72.00/hour is based on the average salary plus 
benefits for a Commission employee for Fiscal Year 2015. We assume 
that industry respondents earn at a rate similar to Commission 
employees.
    \16\ Total Annual Burden Hours * $72.00/hour.
    \17\ The Commission estimates that approximately 29 (or 15%) of 
the 196 filers have residential customers. Each of those 29 filers 
is estimated to save 0.25 hours annually due to elimination of the 
requirement for name and address of residential purchasers.
    \18\ The Commission estimates that each of the 196 filers will 
save 0.5 hours annually, due to elimination of this requirement.
    \19\ After implementation of this Final Rule, the Commission 
estimates the remaining 196 filers will each have an average annual 
burden of 5.46 hours per filing (a reduction from the previous 
estimate of 6 hours). Twenty-nine of the 196 filers will annually 
each have 5.25 hours of burden, and 167 of the 196 filers will each 
have 5.5 hours of burden. The estimated total annual burden for all 
of the 196 filers will be 1,071 hours (rounded).

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[[Page 43624]]

    Action: Revision to existing collection.
    OMB Control No: 1902-0114.
    Respondents: Business or other for profit, and not for profit 
institutions.
    Frequency of Responses: Annually.
    Necessity of the Information: The Commission is required by the 
Federal Power Act to collect information on public utilities' twenty 
largest retail purchasers. This information helps the Commission 
understand electric energy markets and transactions, in order to better 
safeguard public and private interests. Upon review, the Commission 
finds that, as described above, certain entities no longer need to make 
the annual filing, and other filers will be able to eliminate certain 
data and notification requirements.
    Internal review: The Commission has assured itself, by means of its 
internal review, that there is specific, objective support for the 
burden estimates associated with the information requirements.
    39. Interested persons may obtain information on the reporting 
requirements by contacting the Federal Energy Regulatory Commission, 
Office of the Executive Director, 888 First Street NE., Washington, DC 
20426 [Attention: Ellen Brown, email: [email protected], phone: 
(202) 502-8663, fax: (202) 273-0873].
    40. Comments concerning the information collection proposed in this 
Final Rule and the associated burden estimates, should be sent to the 
Commission in this docket and may also be sent to the Office of 
Management and Budget, Office of Information and Regulatory Affairs 
[Attention: Desk Officer for the Federal Energy Regulatory Commission]. 
For security reasons, comments should be sent by email to OMB at the 
following email address: [email protected]. Please refer to 
OMB Control Number 1902-0114 in your submission to OMB.

III. Environmental Analysis

    41. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant adverse effect on the human environment.\20\ The 
collection of information has been categorically excluded from such 
analysis under section 380.4(a)(5) of the Commission's regulations, 
however.\21\ Thus, no such analysis is required.
---------------------------------------------------------------------------

    \20\ Regulations Implementing National Environmental Policy Act 
of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & 
Regs. Preambles 1986-1990 ] 30,783 (1987).
    \21\ 18 CFR 380.4(a)(2)(ii).
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IV. Regulatory Flexibility Act Certification

    42. The Regulatory Flexibility Act of 1980 (RFA) \22\ generally 
requires a description and analysis of rules that will have significant 
economic impact on a substantial number of small entities. The Small 
Business Administration (SBA) revised its size standard (effective 
January 22, 2014) for electric utilities from a standard based on 
megawatt hours to a standard based on the number of employees including 
affiliates.\23\
---------------------------------------------------------------------------

    \22\ 5 U.S.C. 601-12.
    \23\ SBA Final Rule on ``Small Business Size Standards: 
Utilities,'' 78 FR 77343 (Dec. 23, 2013).
---------------------------------------------------------------------------

    43. This Final Rule revises the Commission's regulations to 
eliminate some filings and to reduce reporting burdens for others. 
Specifically, the Commission is eliminating the requirement to submit 
FERC-566 for RTOs and ISOs, EWGs, and those public utilities that did 
not make retail sales in the preceding three years. The Commission 
estimates that, on average, each of those 886 entities that will no 
longer have to file the FERC-566 will have an annual reduction in cost 
of $432.
    44. The Commission is also reducing the burden for the remaining 
196 filers because they will no longer have (a) to identify individual 
residential customers by name and address, and (b) to provide 
notification to the 20 largest purchasers. The Commission estimates 
that each of the remaining 196 filers will have an average annual 
reduction in cost of $38.66 per year.
    45. Accordingly, the Commission certifies that this Final Rule will 
not have a significant economic impact on a substantial number of small 
entities.

V. Document Availability

    46. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
Internet through the Commission's Home Page (http://www.ferc.gov) and 
in the Commission's Public Reference Room during normal business hours 
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, 
Washington, DC 20426.
    47. From the Commission's Home Page on the Internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    48. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

VI. Effective Date and Congressional Notification

    49. These regulations are effective October 6, 2015. The Commission 
has determined, with the concurrence of the Administrator of the Office 
of Information and Regulatory Affairs of OMB, that this rule is not a 
``major rule'' as defined in section 351 of the Small Business 
Regulatory Enforcement Fairness Act of 1996. This final rule is being 
submitted to the Senate, House of Representatives, Government 
Accountability Office, and Small Business Administration.

List of Subjects in 18 CFR Part 46

    Electric utilities, Reporting and recordkeeping requirements.

    By the Commission.

    Issued: July 16, 2015.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission amends Part 46, 
Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 46--PUBLIC UTILITY FILING REQUIREMENTS AND FILING REQUIREMENTS 
FOR PERSONS HOLDING INTERLOCKING POSITIONS

0
1. The authority citation for Part 46 continues to read as follows:

    Authority: 16 U.S.C. 792-828c; 16 U.S.C. 2601-2645; 42 U.S.C. 
7101-7352; E.O. 12009, 3 CFR 142.


0
2. Section 46.3 is amended as follows:

[[Page 43625]]

0
a. Paragraph (a) is revised.
0
b. Paragraph (d) is removed, and paragraph (e) is redesignated as (d).


Sec.  46.3  Purchaser list.

    (a)(1) Compilation and filing list. On or before January 31 of each 
year, except as provided below, each public utility shall compile a 
list of the purchasers described in paragraph (b) of this section, and 
subject to paragraph (a)(5) of this section, shall identify each 
purchaser by name and principal business address. The public utility 
must submit the list to the Secretary of the Commission in accordance 
with filing procedures posted on the Commission's Web site at http://www.ferc.gov and make the list publicly available through its principal 
business office.
    (2) Notwithstanding paragraph (a)(1) of this section, public 
utilities that are defined as Regional Transmission Organizations, as 
defined in Sec.  35.34(b)(1) of this chapter, and public utilities that 
are defined as Independent System Operators, as defined in Sec.  
35.46(d) of this chapter, are exempt from the requirement to file.
    (3) Notwithstanding paragraph (a)(1) of this section, public 
utilities that meet the criteria for exempt wholesale generators, as 
defined in Sec.  366.1 of this chapter, and are certified as such 
pursuant to Sec.  366.7 of this chapter, are exempt from the 
requirement to file.
    (4) Notwithstanding paragraph (a)(1) of this section, public 
utilities that have either no reportable sales as defined in paragraph 
(b) or only sales for resale in any of the three preceding years are 
exempt from the requirement to file.
    (5) Notwithstanding paragraph (a)(1) of this section, individual 
residential customers on the list should be identified as ``Residential 
Customer,'' and with a zip code in lieu of an address.
* * * * *
[FR Doc. 2015-17950 Filed 7-22-15; 8:45 am]
BILLING CODE 6717-01-P