[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62112-62116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21567]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC16-11-000]


Commission Information Collection Activities (FERC Forms 6 and 
580); Comment Request

AGENCY: Federal Energy Regulatory Commission.

ACTION: Comment request.

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SUMMARY: The Commission previously issued a Notice in the Federal 
Register (81 FR 38169, 6/13/2016) requesting public comments on FERC 
Forms 6, 580, 1, 1-F, and 3-Q. The Commission received no comments 
regarding FERC Forms 6 and 580. This 30-day notice only solicits 
comments on FERC Forms 6 and 580. FERC received comments regarding FERC 
Forms 1, 1-F, and 3-Q and will address those comments in a subsequent 
notice also in Docket No. IC16-11-000.

[[Page 62113]]

    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 these information 
collections (FERC Form 6 [Annual Report of Oil Pipeline Companies] and 
FERC Form 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.

DATES: Comments on the FERC Forms 6 and 580 are due by October 11, 
2016.

ADDRESSES: Comments filed with OMB, identified by the OMB Control Nos. 
1902-0022 (FERC Form 6) or 1902-0137 (FERC-580) should be sent via 
email to the Office of Information and Regulatory Affairs: 
[email protected], Attention: Federal Energy Regulatory 
Commission Desk Officer.
    A copy of the comments should also be sent to the Commission, in 
Docket No. IC16-11-000, 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.
    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: 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:
    Type of Request: Three-year extension of the information collection 
requirements for all collections described below with no changes to the 
current reporting requirements. There are some non-substantive 
corrections being made to the instructions (such as reflecting the 
current estimated burden hours and updating addresses). Please note 
that each collection is distinct from the next.
    Comments: Comments are invited on: (1) Whether the 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 and cost of the collections of information, including the 
validity of the methodology and assumptions used; (3) ways to enhance 
the quality, utility and clarity of the information collections; and 
(4) ways to minimize the burden of the collections of information on 
those who are to respond, including the use of automated collection 
techniques or other forms of information technology.

FERC Form No. 6, Annual Report of Oil Pipeline Companies \1\
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    \1\ The renewal request for the FERC Form No. 6 in Docket No. 
IC16-11 is for the current form, with no change to the reporting 
requirements. None of the comments received in Docket No. IC16-11 
pertained to FERC Form 6. The FERC Form No. 6 is also part of the 
Forms Refresh effort (Docket No. AD15-11), which is a separate 
activity and not addressed in this Notice. In addition, there is a 
pending Docket No. RM15-19 which is a separate activity and is not 
addressed in this Notice.
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    OMB Control No.: 1902-0022.
    Abstract: Under the Interstate Commerce Act (ICA), (Section 20, 54 
Stat. 916), the Interstate Commerce Commission (ICC) was authorized and 
empowered to make investigations and to collect and record data to the 
extent considered necessary or useful for the purpose of carrying out 
the provisions of the ICA.
    In 1977, the Department of Energy Organization Act transferred to 
the Commission from the ICC the responsibility to regulate oil pipeline 
companies. In accordance with the transfer of authority, the Commission 
was delegated the responsibility to require oil pipelines to file 
annual reports of information necessary for the Commission to exercise 
its statutory responsibilities.\2\ The transfer included the Form P, 
the predecessor to the FERC Form No. 6, Annual Report of Oil Pipeline 
Companies (Form 6).\3\
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    \2\ Section 402(b) of the Department of Energy Organization Act 
(DOE Act), 42 U.S.C. 7172 provides that; ``[t]here are hereby 
transferred to, and vested in, the Commission all functions and 
authority of the Interstate Commerce Commission or any officer or 
component of such Commission where the regulatory function 
establishes rates or charges for the transportation of oil by 
pipeline or established the valuation of any such pipeline.''
    \3\ The ICC developed the Form P to collect information on an 
annual basis to enable it to carry out its regulation of oil 
pipeline companies under the Interstate Commerce Act. A 
comprehensive review of the reporting requirements for oil pipeline 
companies was performed on September 21, 1982, when the Commission 
issued Order 260 revising the former ICC Form P, ``Annual Report of 
Carriers by Pipeline'' and re-designating it as FERC Form No. 6, 
``Annual Report of Oil Pipeline Companies''.
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    To reduce burden on industry, the FERC Form No. 6 has three tiers 
of reporting requirements:
    1. Each oil pipeline carrier whose annual jurisdictional operating 
revenues has been $500,000 or more for each of the three previous 
calendar years must file FERC Form No. 6. Oil pipeline carriers 
submitting a complete FERC Form No. 6 must submit FERC Form 6-Q.\4\ 
Newly established entities must use projected data to determine whether 
FERC Form No. 6 must be filed.
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    \4\ FERC Form 6-Q is covered separately and is approved by OMB 
under OMB Control No. 1902-0206. It is not a subject of this Notice; 
FERC Form 6-Q is being addressed separately in Docket No. IC16-7-
000.
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    2. Oil pipeline carriers exempt from filing FERC Form No. 6 whose 
annual jurisdictional operating revenues have been more than $350,000 
but less than $500,000 for each of the three previous calendar years 
must prepare and file page 301, ``Operating Revenue Accounts (Account 
600), and page 700, ``Annual cost of Service Based Analysis Schedule,'' 
of FERC Form No. 6. When submitting pages 301 and 700, each exempt oil 
pipeline carrier must include page 1 of the FERC Form No. 6, the 
Identification and Attestation schedules.
    3. Oil pipeline carriers exempt from filing FERC Form No. 6 and 
page 301 and whose annual jurisdictional operating revenues were 
$350,000 or less for each of the three previous calendar years must 
prepare and file page 700, ``Annual Cost of Service Based Analysis 
Schedule,'' of FERC Form No. 6.
    The Commission uses the FERC Form No. 6 information in:
     Implementation of its financial audits and programs, the 
continuous review of the financial condition of regulated companies, 
and the assessment of energy markets
     various rate proceedings and economic analyses
     background research for use in litigation
     programs relating to the administration of the ICA
     computation of annual charges, which are required by 
Section 3401 of the Omnibus Budget Reconciliation Act of 1986.
    Type of Respondent: Oil Pipelines.
    Estimate of Annual Burden: The Commission estimates the annual 
public

[[Page 62114]]

reporting burden \5\ and cost \6\ for the FERC Form No. 6 information 
collection as follows.
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    \5\ The burden associated with the one-time re-filing of Page 
700 data for Years 2009-2011 has been completed and is not included.
    \6\ The cost is based on FERC's 2016 average cost (salary plus 
benefits) of $74.50/hour. The Commission staff believes that the 
industry's level and skill set is comparable to FERC.

                                                FERC Form No. 6, Annual Report of Oil Pipeline Companies
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                                      Annual number
     Number of respondents \7\        of responses    Total number       Average burden & cost per         Total annual burden hours &       Cost per
                                     per respondent   of responses                response                      total annual cost         respondent ($)
(1)                                             (2)     (1) * (2) =  (4)..............................  (3) * (4) = (5).................       (5) / (1)
                                                                (3)
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198................................               1             198  161 hrs.;........................  31,878 hrs.;....................         $11,995
                                                                     $11,995..........................  $2,375,010......................
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    The reporting requirements are not changing. However we are making 
non-substantive corrections to update the number of burden hours and 
addresses in the instructions, as detailed in Attachment A.
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    \7\ The number of respondents (and responses) is subject to 
change because of normal fluctuations in the industry (e.g., 
companies merging, splitting, entering into and exiting the 
industry).
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FERC Form No. 580, Interrogatory on Fuel and Energy Purchase Practices

    OMB Control No.: 1902-0137.
    Abstract: FERC Form No. 580 is collected in even numbered years. 
The Public Utility Regulatory Policies Act (PURPA) \8\ 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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    \8\ 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.'' \9\ 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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    \9\ 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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    Based on filer comments in response to the new electronic form used 
in the 2014 collections, FERC recommends the following changes to the 
instructions. FERC is not changing the requirements of the information 
collection.

Question 2a

--Revise Question 2a columns as follows:

------------------------------------------------------------------------
                  From                                  To
------------------------------------------------------------------------
Docket number under which rate schedule  Docket number under which rate
 containing AAC through which costs       schedule containing AAC
 were passed during 2012 and/or 2013      through which costs were
 was accepted for filing by FERC. Was     passed during 2014 and/or 2015
 rate schedule superseded or abandoned    was accepted for filing by
 during 2012-2013? If so, provide dates.  FERC. Was rate schedule
                                          superseded or abandoned during
                                          2014-2015? If so, provide
                                          dates.
------------------------------------------------------------------------

Question 2b

--Revise the paragraph under Question 2b to read:

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                  From                                  To
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If any of the Utility's wholesale rate   If any of the Utility's
 and/or service agreements containing     wholesale rate and/or service
 an AAC listed in Question 2a, that was   agreements containing an AAC
 used during 2012 and/or 2013, was        listed in Question 2a, that
 filed with the Commission before         was used during 2014 and/or
 January 1, 1990, attach an electronic    2015, was filed with the
 copy of it with this filing. List the    Commission before January 1,
 documents you are submitting below.      1990, attach an electronic
 Note: Once this information is           copy of it with this filing.
 submitted electronically in a text-      List the documents you are
 searchable format it will not be         submitting below. Note: Once
 necessary to submit it in future Form    this information is submitted
 580 filings. See: http://www.ferc.gov/   electronically in a text-
 docs-filing/elibrary/accept-file-        searchable format it will not
 formats.asp for listing of Commission    be necessary to submit it in
 accepted document types.                 future Form 580 filings. See:
                                          http://www.ferc.gov/docs-filing/elibrary/accept-file-formats.asp for listing of
                                          Commission accepted document
                                          types.
------------------------------------------------------------------------

Question 3

--Revise the paragraph under Question 3 to read:

[[Page 62115]]



------------------------------------------------------------------------
                  From                                  To
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If during the 2012-2013 period, the      If during the 2014-2015 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 a fuel adjustment         of the purchase costs were
 clause (FAC), for each purchase from a   passed through a fuel
 PURPA Qualifying Facility (QF) or        adjustment clause (FAC), for
 Independent Power Producer (IPP)         each purchase from a PURPA
 provide the information requested in     Qualifying Facility (QF) or
 the non-shaded columns of the table      Independent Power Producer
 below. Provide the information           (IPP) provide the information
 separately for each reporting year       requested in the non-shaded
 2012 and 2013. Do not report purchased   columns of the table below.
 power where none of the costs were       Provide the information
 recovered through an FAC. For each       separately for each reporting
 purchase where costs were flowed         year 2014 and 2015. Do not
 through an FAC, fill-in the non-shaded   report purchased power where
 columns and either ``Only energy         none of the costs were
 charges'' or ``The total cost of the     recovered through an FAC. For
 purchase of economic power'' columns,    each purchase where costs were
 whichever apply.                         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.
------------------------------------------------------------------------

Question 4a

--Revise Question 4a columns as follows:

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                  From                                  To
------------------------------------------------------------------------
If emission allowance costs were         If emission allowance costs
 incurred by the Utility in 2012 and/or   were incurred by the Utility
 2013 and were recovered through a FAC,   in 2014 and/or 2015 and were
 provide the following information.       recovered through a FAC,
                                          provide the following
                                          information.
Dollar value of emission allowance cost  Dollar value of emission
 passed through a FAC: 2012[verbar]2013.  allowance cost passed through
                                          a FAC: 2014[verbar]2015.
------------------------------------------------------------------------

Question 5

--Revise the paragraph under Question 5 as follows:

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                  From                                  To
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Provide the information requested below  Provide the information
 regarding the Utility's fuel             requested below regarding the
 procurement policies and practices in    Utility's fuel procurement
 place during 2012 and/or 2013 for        policies and practices in
 fuels whose costs were subject to 18     place during 2014 and/or 2015
 CFR 35.14. Note: Responses to this       for fuels whose costs were
 question may be filed as Privileged.     subject to 18 CFR 35.14. Note:
 To do so, skip this question now and     Responses to this question may
 answer it via the Fuel Procurement       be filed as Privileged. To do
 Policies and Practices Privileged        so, skip this question now and
 Addendum provided. Otherwise, answer     answer it via the Fuel
 it here and your responses will be       Procurement Policies and
 made public.                             Practices Privileged Addendum
                                          provided. Otherwise, answer it
                                          here and your responses will
                                          be made public.
------------------------------------------------------------------------

Question 6

--Revise the paragraph under Question 6 as follows:

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                  From                                  To
------------------------------------------------------------------------
For each fuel supply contract, of        For each fuel supply contract,
 longer than one year in duration, in     of longer than one year in
 force at any time during 2012 and/or     duration, in force at any time
 2013, where costs were subject to 18     during 2014 and/or 2015, where
 CFR 35.14, (including informal           costs were subject to 18 CFR
 agreements with associated companies),   35.14, (including informal
 provide the requested information.       agreements with associated
 Report the information individually      companies), provide the
 for each contract, for each calendar     requested information. Report
 year. [No response to any part of        the information individually
 Question 6 for fuel oil no. 2 is         for each contract, for each
 necessary.] Report all fuels consumed    calendar year. [No response to
 for electric power generation and        any part of Question 6 for
 thermal energy associated with the       fuel oil no. 2 is necessary.]
 production of electricity. Information   Report all fuels consumed for
 for only coal, natural gas, and oil      electric power generation and
 should be reported.                      thermal energy associated with
                                          the production of electricity.
                                          Information for only coal,
                                          natural gas, and oil should be
                                          reported.
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Question 7

--Revise the paragraph under Question 6 as follows:

[[Page 62116]]



------------------------------------------------------------------------
                  From                                  To
------------------------------------------------------------------------
For each fuel supply contract,           For each fuel supply contract,
 including informal agreements with       including informal agreements
 associated or affiliated companies in    with associated or affiliated
 force at any time during 2012 or 2013    companies in force at any time
 WHERE CONTRACT SHORTFALL COSTS WERE      during 2014 or 2015 WHERE
 PASSED THROUGH an FAC subject to 18      CONTRACT SHORTFALL COSTS WERE
 CFR 35.14, provide for each contract     PASSED THROUGH an FAC subject
 separately the information requested     to 18 CFR 35.14, provide for
 below. Only report the information       each contract separately the
 requested for shortfalls that occurred   information requested below.
 under your contracts during reporting    Only report the information
 years 2012 or 2013 and that are not      requested for shortfalls that
 under dispute i.e., parties agree        occurred under your contracts
 there was indeed a shortfall.            during reporting years 2014 or
                                          2015 and that are not under
                                          dispute i.e., parties agree
                                          there was indeed a shortfall.
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Question 8

--Revise the paragraph under Question 8 as follows:

------------------------------------------------------------------------
                  From                                  To
------------------------------------------------------------------------
For each fuel supply contract that was   For each fuel supply contract
 bought-out or bought-down, including     that was bought-out or bought-
 informal agreements with associated or   down, including informal
 affiliated companies in force at any     agreements with associated or
 time during 2012 or 2013 WHERE           affiliated companies in force
 CONTRACT BUY-OUT AND/OR BUY-DOWN COSTS   at any time during 2014 or
 WERE PASSED THROUGH an FAC subject to    2015 WHERE CONTRACT BUY-OUT
 18 CFR 35.14, provide for each           AND/OR BUY-DOWN COSTS WERE
 contract separately the information      PASSED THROUGH an FAC subject
 requested below. Only report the         to 18 CFR 35.14, provide for
 information requested for contract buy-  each contract separately the
 downs and buy-outs that occurred under   information requested below.
 your contracts during reporting years    Only report the information
 2012 or 2013 and that are not under      requested for contract buy-
 dispute i.e., parties agree there was    downs and buy-outs that
 indeed a shortfall.                      occurred under your contracts
                                          during reporting years 2014 or
                                          2015 and that are not under
                                          dispute i.e., parties agree
                                          there was indeed a shortfall.
------------------------------------------------------------------------

    Access to the Revised Materials: A copy of the revised form (which 
includes instructions and glossary) and desk reference will be 
publically available in Docket No. IC16-11-000, but they will not be 
published in the Federal Register.\10\ Interested parties can see these 
materials electronically as part of this notice in FERC's eLibrary 
(http://www.ferc.gov/docs-filing/elibrary.asp) by searching Docket No. 
IC16-11-000.
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    \10\ The revised form is intended to illustrate superficial 
changes only and does not include all the interactive features of 
the actual form.
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    Type of Respondent: Large electric public utilities within FERC 
jurisdiction.
    Estimate of Annual Burden: \11\ The Commission estimates the annual 
\12\ public reporting burden for the information collection as:
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    \11\ The Commission defines burden 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 Code of Federal 
Regulations 1320.3.
    \12\ The FERC Form 580 data is collected on a biennial basis. In 
order to represent the burden appropriately, the ``Annual Number of 
Responses per Respondent'' is assigned a figure of 0.5. This figure 
means that one response per respondent is received on average for 
each two year period. The ``Total Annual Burden Hours & Total Annual 
Cost'' figures are all annual figures based on the biennial 
frequency assumption.
    \13\ The estimates for cost per response are derived using the 
2016 FERC average salary plus benefits of $154,647/year (or $74.50/
hour). Commission staff finds that the work done for this 
information collection is typically done by wage categories similar 
to those at FERC.

                                                                      FERC Form 580
                                                  [Interrogatory on fuel and energy purchase practices]
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                                                        Annual number                                              Total annual  burden     Annual cost
                                          Number of     of responses    Total number     Average burden & cost    hours  & total  annual  per respondent
                                         respondents   per respondent   of responses      per  response \13\               cost                 ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                  (3)
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Respondents with FACs................              37             0.5            18.5  103 hrs.; $7,673.50.....  1,905.5 hrs.;                  3,836.75
                                                                                                                  $141,959.75.
Respondents with AACs, but no FACs...              10             0.5               5  20 hrs.; $1,490.........  100 hrs.; $7,450.......             745
Respondents with no AACs nor FACs....              35             0.5            17.5  2 hrs.; $149............  35 hrs.; $2,607.50.....           74.50
                                      ------------------------------------------------------------------------------------------------------------------
    Total............................  ..............  ..............              41  ........................  2,040.5 hrs.;            ..............
                                                                                                                  $152,017.25.
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    Dated: September 1, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-21567 Filed 9-7-16; 8:45 am]
 BILLING CODE 6717-01-P