[Federal Register Volume 89, Number 114 (Wednesday, June 12, 2024)]
[Notices]
[Pages 49871-49872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12868]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC24-13-000]


Commission Information Collection Activities (FERC-716) Comment 
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction 
Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission 
or FERC) is soliciting public comment on the currently approved 
information collection, FERC-716, Good Faith Requests for Transmission 
Services under Section 213(a) of the Federal Power Act (FPA) and 
Applications for Interconnection or Transmission Orders under Sections 
211(a) and 212 of the FPA (OMB Control Number 1902-0170). The 
information collection will be submitted to the Office of Management 
and Budget (OMB) for review.

DATES: Comments on the collection of information are due July 12, 2024.

ADDRESSES: Send written comments on FERC-716 to OMB through 
www.reginfo.gov/public/do/PRAMain. Attention: Federal Energy Regulatory 
Commission Desk Officer. Please identify the OMB Control Number (1902-
0170) in the subject line of your comments. Comments should be sent 
within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain.
    Please submit copies of your comments to the Commission. You may 
submit copies of your comments (identified by Docket No. IC24-13-000) 
by one of the following methods:
    Electronic filing through https://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable 
native applications and print-to-PDF, but not in scanned or picture 
format.
     For those unable to file electronically, comments may be 
filed by USPS mail or by hand (including courier) delivery.
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal 
Energy Regulatory Commission, Secretary of the Commission, 888 First 
Street NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery: Deliver to: Federal Energy 
Regulatory Commission, Secretary of the Commission, 12225 Wilkins 
Avenue, Rockville, MD 20852.
    Instructions: OMB submissions must be formatted and filed in 
accordance with submission guidelines at www.reginfo.gov/public/do/PRAMain. Using the search function under the ``Currently Under Review'' 
field, select Federal Energy Regulatory Commission; click ``submit,'' 
and select ``comment'' to the right of the subject collection. FERC 
submissions must be formatted and filed in accordance with submission 
guidelines at: https://www.ferc.gov. For user assistance, contact FERC 
Online Support by email at [email protected], or by phone at: 
(866) 208-3676 (toll-free).
    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 https://www.ferc.gov/ferc-online/overview.

FOR FURTHER INFORMATION CONTACT: Jean Sonneman may be reached by email 
at [email protected], telephone at (202) 502-6362.

SUPPLEMENTARY INFORMATION: 
    Title: FERC-716, Good Faith Requests for Transmission Services 
under Section 213(a) of the Federal Power Act (FPA) and Applications 
for Interconnection or Transmission Orders under Sections 211(a) and 
212 of the FPA.
    OMB Control No.: 1902-0170.
    Type of Request: Three-year extension of the FERC-716 information 
collection requirements with revisions.
    Abstract: FERC-716 pertains to transmission of electricity 
generated and sold at the wholesale level, i.e., sold to a utility or 
other entity reselling that energy to residential, business, or 
industrial customers. The term of art for such a transaction is ``sale 
for resale.'' The FPA and the relevant Commission regulations provide 
for two procedures that a generator of electricity may use to seek 
transmission services from an entity that does not own or directly use 
the power it is transmitting. One procedure involves the exchange of 
information between generators and transmitting utilities, and does not 
require submission of information to the Commission. The other 
procedure, which is applicable only if the exchange of information is 
unsuccessful, involves an application for a Commission interconnection 
or transmission order.
    Section 213(a) of the FPA (16 U.S.C. 16 U.S.C. 824l) provides that 
whenever a person generating wholesale electric energy makes a good 
faith request to a transmitting utility to provide wholesale 
transmission services, and includes in that request specific rates and 
charges and other terms and conditions, the transmitting utility must 
either:
     Agree to provide such services at rates, charges, terms 
and conditions acceptable to the generator-requester; or
     Within 60 days or other mutually agreed upon period, 
provide the generator-requester with a detailed written explanation, 
with specific reference to the facts and circumstances of the request, 
stating (1) the transmitting utility's basis for the proposed rates, 
charges, terms, and conditions for such services, and (2) its analysis 
of any physical or other constraints affecting the provision of such 
services.
    Section 211(a) of the FPA (16 U.S.C. 824j(a)) provides that any 
person generating wholesale electric energy may apply to the Commission 
for an order requiring a transmitting utility to provide wholesale 
transmission services to the applicant. The Commission's regulation at 
18 CFR 2.20 provides that the Commission may issue an FPA section 211 
order only if the applicant has made a request for transmission 
services to the transmitting utility at least 60 days prior to the 
filing of an application for such order. A Commission order requiring 
interconnection or transmission services must include a determination 
that the order meets the requirements of FPA section 212 (16 U.S.C. 
824k) and would otherwise be in the public interest.
    Program changes are necessary to increase the accuracy of this 
information collection request. As

[[Page 49872]]

previously approved, FERC-716 included a single collection activity for 
good-faith requests, thus erroneously omitting the possibility of an 
application for a Commission order. Both collection activities are 
included in this request.
    Type of Respondents: Wholesale Generators and Transmitting 
Utilities.
    Estimate of Annual Burden: The Commission estimates the average 
annual burden \1\ and cost \2\ for this information collection as 
follows.
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    \1\ 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 
collections burden, reference 5 CFR 1320.3.
    \2\ The Commission staff estimates that the average respondent 
for FERC-716 is similarly situated to the Commission, in terms of 
salary plus benefits. Based on FERC's current annual average of 
$207,786 (for salary plus benefits), the average hourly cost is 
$100/hour.

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                                                       Annual  number                                              Total annual burden
                                          Number of     of  responses   Total number    Average burden and cost  hours and total  annual     Cost per
                                         respondents   per respondent   of responses         per response                cost ($)         respondent ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                  (3)
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Information exchange between parties.               6               1               6  100 hrs.; $10,000.......  600 hrs.; 60,000.......         $10,000
Application submitted to FERC if                    6               1               6  2.5 hrs.; $250..........  15 hrs.; 1,500.........             250
 parties' negotiations are
 unsuccessful.
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    Total............................  ..............  ..............              12  ........................  615 hrs.; 61,500.......          10,250
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    Comments: Comments are invited on: (1) whether the collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information collection; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

    Dated: June 6, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-12868 Filed 6-11-24; 8:45 am]
BILLING CODE 6717-01-P