Electronic Filing of Interlocking Positions and Twenty Largest Purchasers Information, 35184-35187 [05-11531]
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35184
Federal Register / Vol. 70, No. 116 / Friday, June 17, 2005 / Proposed Rules
proposed assessment rate would
provide estimated assessment revenue
of $9,792,000 from all handlers, and an
additional $9,180,000 from those
handlers who do not participate in the
credit-back program, for a total of
$18,972,000. In addition, it is
anticipated that $10,851,797 will be
provided by other sources, including
interest income, MAP funds, grant
funds, miscellaneous income, and
reserve/carryover funds. When
combined, revenue from these sources
would be adequate to cover budgeted
expenses. The projected financial
reserve at the end of 2005–06 would be
$1,137,797 which would be within the
maximum permitted under the order.
The major expenditures
recommended by the Board for the
2005–06 crop year include $15,423,000
for domestic advertising, market
research, and public relations;
$4,920,000 for operational expenses;
$4,873,000 for international public
relations and other promotion and
education programs, including a MAP
administered by USDA’s FAS;
$1,200,000 for nutrition research;
$850,000 for production research;
$830,000 for food quality programs; and
$500,000 for environmental research,
plus other minor sums. Budgeted
expenses for these items in 2004–05
were $12,540,000 for domestic
advertising, market research, and public
relations; $3,611,981 for operational
expenses; $4,340,000 for international
public relations and other promotion
and education programs, including a
MAP administered by USDA’s FAS;
$1,200,000 for nutrition research;
$947,321 for production research;
$858,000 for food quality programs; and
$460,042 for environmental research,
plus other minor sums.
The Board considered alternative
assessment rate levels, including the
portion available for handler creditback. After deliberating the issue, the
Board recommended increasing the
assessment rate to $0.030 per pound,
with 60 percent (or $0.018 per pound)
available for handler credit-back. In
arriving at its budget, the Board
considered information from its various
committees. Alternative expenditure
levels were discussed by these groups,
based on the value of various activities
to the industry. The committees
ultimately recommended appropriate
activities and funding levels, which
were adopted by the Board.
A review of historical information and
preliminary information pertaining to
the upcoming crop year indicates that
the average grower price for the 2005–
06 season could range between $3.00
and $3.50 per pound of almonds.
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Therefore, the estimated assessment
revenue for the 2005–06 crop year
(disregarding any amounts credited
pursuant to §§ 981.41 and 981.441) as a
percentage of total grower revenue
could range between 1.00 and 0.86
percent, respectively.
This action would increase the
assessment obligation imposed on
handlers. While assessments impose
some additional costs on handlers, the
costs are minimal and uniform on all
handlers. Some of the additional costs
may be passed on to producers.
However, these costs would be offset by
the benefits derived by the operation of
the marketing order. In addition, the
Board’s meeting was widely publicized
throughout the California almond
industry and all interested persons were
invited to attend the meeting and
participate in Board deliberations on all
issues. Like all Board meetings, the May
12, 2005, meeting was a public meeting
and all entities, both large and small,
were able to express views on this issue.
Finally, interested persons are invited to
submit information on the regulatory
and informational impacts of this action
on small businesses.
This proposed rule would impose no
additional reporting or recordkeeping
requirements on either small or large
California almond handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public sector agencies.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
A 10-day comment period is provided
to allow interested persons to respond
to this proposed rule. Ten days is
deemed appropriate because: (1) The
2005–06 crop year begins on August 1,
2005, and the order requires that the
rate of assessment for each crop year
apply to all assessable almonds handled
during such crop year; (2) a final
decision on the increase should be made
as soon as possible so handlers can plan
accordingly; (3) the Board needs to have
sufficient funds to pay its expenses
which are incurred on a continuous
basis; and (4) handlers are aware of this
action which was unanimously
recommended by the Board at a public
meeting and is similar to other
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assessment rate actions issued in past
years.
List of Subjects in 7 CFR Part 981
Almonds, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 981 is proposed to
be amended as follows:
PART 981—ALMONDS GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 981 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Section 981.343 is revised to read
as follows:
§ 981.343
Assessment rate.
On and after August 1, 2005, an
assessment rate of $0.030 per pound is
established for California almonds. Of
the $0.030 assessment rate, 60 percent
per assessable pound is available for
handler credit-back.
Dated: June 10, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 05–12006 Filed 6–16–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 45, 46, and 131
[Docket No. RM05–13–000]
Electronic Filing of Interlocking
Positions and Twenty Largest
Purchasers Information
May 26, 2005.
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Federal Energy
Regulatory Commission (Commission)
proposes to revise its regulations for
filings by persons holding interlocking
positions and for utilities listing their
twenty largest purchasers of electricity.
The proposed revisions provide for
electronic filing. The modifications in
this Proposed Rule are the result of a
review conducted by the Commission’s
Information Assessment Team (FIAT),
identifying the Commission’s current
information collections, evaluating their
original purposes and current uses, and
proposing ways to reduce the reporting
burden on industry through the
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elimination, reduction, streamlining or
reformatting of current collections.
DATES: Comments are due on this Notice
of Proposed Rulemaking August 16,
2005.
Comments on this Notice of
Proposed Rulemaking may be filed
electronically via the eFiling link on the
Commission’s Web site at https://
www.ferc.gov . Commenters unable to
file comments electronically must send
an original and 14 copies of their
comments to: Federal Energy Regulatory
Commission, Office of the Secretary,
888 First Street NE., Washington, DC,
20426. Refer to the Comment
Procedures section of the preamble for
additional information on how to file
comments.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Samuel Berrios, Jr. (Technical
Information), Office of Market
Oversight and Investigations, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC
20426, (202) 502–6212.
Patricia Morris (Technical Information),
Office of the Executive Director,
Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
8730.
Joseph A. Lynch (Legal Information),
Office of the General Counsel,
Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
8497.
I. Introduction
1. The Commission proposes
modifying its regulations to modernize
the filing method and standardize the
filing format to ensure easier filing and
use of the Application for Authority To
Hold Interlocking Directorate Positions
(FERC 520), the Annual Report of
Interlocking Positions (FERC Form 561),
and the Annual Report of a Utility’s
Twenty Largest Purchasers (FERC 566).
2. In this Notice of Proposed
Rulemaking, the Commission is
proposing to allow for electronic filing
(eFiling) of FERC 520, FERC Form 561,
and FERC 566. As described more fully
below, we propose to implement
software changes to the Commission’s
Web site (https://www.ferc.gov) that will
allow filers to electronically submit
interlocking position information and
related information, as well as to submit
amended filings.
3. The requirements for these
information collections and descriptions
of the contents of the filings are found
in the Commission regulations at 18
CFR parts 45, 46 and 131.
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II. Discussion
4. Section 305(b) of the Federal Power
Act 1 (FPA) prohibits individuals from
holding positions as an officer or
director of more than one public utility,
to hold the positions of officer or
director of a public utility and of an
entity authorized by law to underwrite
or participate in the marketing of public
utility securities; or to hold the
positions of officer or director of a
public utility and of an entity supplying
electrical equipment to that particular
public utility, unless the Commission
has granted prior authorization to hold
the positions upon a finding that neither
public nor private interests will be
adversely affected. The Commission
implements this statutory mandate
using FERC 520.
5. Once the Commission approves the
holding of interlocking positions, the
officer or director must file a FERC
Form 561 annually by April 30th. FERC
Form 561 is currently filed in hardcopy
format. To assist filers in submitting the
information in the prescribed format,
however, the Commission, through
Order No. 601,2 e-mails a spreadsheet to
each filer. Each filer must then update
the previous year’s information on the
spreadsheet to reflect that year’s
positions. The officer or director then
prints the spreadsheet out in hard copy,
signs it, and mails it to the Commission.
6. In addition, each public utility
must file a report, FERC 566, identifying
its twenty largest customers annually by
January 31st.
7. The Commission proposes to
require the electronic filing of FERC
520, FERC Form 561, and FERC 566.
The Commission, in recognition of the
E-Government Act initiatives,3 has a
Web-based FERC Online 4 portal system,
which, among other things, allows for
electronic filing of certain information.
It is through this system that the
Commission proposes to accept FERC
520 and FERC 566 filings.
8. While the FERC 520 and FERC 566
will be filed through the eFiling 5 portal,
the FERC Form 561 will be filed through
the eForms 6 application on the
Commission’s Web site. The filer will
complete the electronic FERC Form 561
using Commission provided software
U.S.C. 825d(b).
Requirements Under Parts 46 and 131 for
Persons Holding Interlocking Directorates, Order
601, 63 FR 72167 (1998), FERC Stats. & Regs.
Regulations Preambles 1996–2000 ¶ 31,069 (1998).
3 44 U.S.C. 36.
4 https://www.ferc.gov/docs-filing/ferconline.asp.
Further information on FERC Online can be found
at https://www.ferc.gov/docs-filing/egov-act2004.pdf.
5 https://www.ferc.gov/docs-filing/efiling.asp.
6 https://www.ferc.gov/docs-filing/eforms-elec.asp.
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35185
then transmit the completed form to the
Commission.
9. Electronic filing of this information
will allow for easier storage, access,
retrieval, and analysis.
III. Regulatory Flexibility Act
Statement
10. The Regulatory Flexibility Act
(RFA) requires rulemakings to contain
either a description and analysis of the
effect that the rule will have on small
entities or to contain a certification that
the rule will not have a significant
economic impact on a substantial
number of small entities.7
11. The Commission concludes that
this rule would not have such an impact
on small entities. Most public utilities to
which the proposed rule would apply
do not fall within the RFA’s definition
of a small entity.8 Consequently, the
Commission certifies that this Final
Rule will not have ‘‘a significant
economic impact on a substantial
number of small entities.’’
IV. Environmental Analysis
12. 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.9 The Commission has
categorically excluded certain actions
from this requirement as not having a
significant effect on the human
environment.10 The actions proposed to
be taken here fall within the categorical
exclusions in the Commission’s
regulations for rules that involve
information gathering, analysis, and
dissemination and that involve
interlocking positions.11 Therefore, an
environmental assessment is
75
U.S.C. 601–12.
U.S.C 601(3), citing to section 3 of the Small
Business Act, 15 U.S.C. 632, section 3 of the Small
Business Act defines a ‘‘small-business concern’’ as
a business which is independently owned and
operated and which is not dominant in its field of
operation. In addition, the RFA definition of ‘‘small
entity’’ refers to the definition provided in the
Small Business Act, which defines a ‘‘small
business concern’’ as a business that is
independently owned and operated and that is not
dominant in its field of operation. 15 U.S.C. 632.
The Small Business Size Standards component of
the North American Industry Classification System
defines a small electric utility as one that, including
its affiliates, is primarily engaged in the generation,
transmission, and/or distribution of electric energy
for sale and whose total electric output for the
preceding fiscal year did not exceed 4 million
MWh. 13 CFR 121.201.
9 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986–1990 ¶ 30,783 (1987).
10 18 CFR 380.4(a)(2)(ii).
11 18 CFR 380.4(a)(5).
85
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Federal Register / Vol. 70, No. 116 / Friday, June 17, 2005 / Proposed Rules
unnecessary and has not been prepared
for this rulemaking.
V. Information Collection Statement
13. The Office of Management and
Budget (OMB) regulations require OMB
to approve certain information
collection requirements imposed by
agency rule.12 Comments are solicited
on the Commission’s need for this
information, whether the information
will have practical utility, the accuracy
of provided burden estimates, ways to
enhance the quality, utility and clarity
of the information to be collected, and
Number of
respondents
Data collection
any suggested methods for minimizing
respondents’ burden, including the use
of automated information techniques.
Estimated Annual Burden
14. The current reporting burden is as
follows:
Number of
hours
Number of
responses
Total annual
hours
FERC 520 ........................................................................................................
FERC Form 561 ..............................................................................................
FERC 566 ........................................................................................................
28
1649
183
51
.25
6
1
1
1
1450
412
1098
Total ..........................................................................................................
........................
........................
........................
2960
The burden reduction will be twenty
percent for each information collection.
A total of 592 hours combined will be
eliminated, resulting in a total annual
burden of 2,368 hours.
Title: Application for Authority to
Hold Interlocking Positions (FERC 520).
Annual Report of Interlocking
Positions (FERC Form 561).
Annual Report of Utility Twenty
Largest Purchasers (FERC 566).
Action: Electronic Filing of
Information.
OMB Control Nos.: 1902–0083, 1902–
0099, and 1902–0114.
Respondents: Businesses, other for
profit and not-for-profit institutions, and
persons.
Frequency of Responses: Annual
(FERC Form 561 and FERC 566) and
Occasional (FERC 520).
Necessity of Information: The
proposed regulations will revise the
filing methods for the FERC 520
(Application for Authorization to Hold
Interlocking Positions), FERC Form 561
(Annual Report of Interlocking
Positions), and FERC 520 (Annual
Report of Utility’s Twenty Largest
Purchasers).
The Commission uses the FERC 520,
which is filed as necessary in hardcopy,
to gather information to act on a filer’s
request to hold interlocking positions.
The FERC 520 is a narrative that details
the interlocking positions applied for as
well as existing interlocking positions
held by the filer. The Commission, in
turn, uses the information (in
conjunction with the filer’s FERC Form
561), to make a determination whether
or not the filer should be granted
authorization to hold the position.
The FERC Form 561, expressly
required by section 305(c) of the Federal
Power Act and filed annually, lists the
interlocking positions held by the filer
and is typically submitted in hardcopy.
The Commission uses the FERC Form
12 5
561 in conjunction with the FERC 520
to determine if a person is currently
holding an interlocking position (as
listed in the FERC Form 561) that they
did not apply for originally in the FERC
520. In turn, the Commission checks to
see if the person was approved to hold
an interlocking position (as stated in the
FERC 520) but did not list the respective
interlocking position in the FERC Form
561. The Commission also uses FERC
Form 561 in conjunction with FERC 566
to identify potential conflicts of interest
between utilities and other corporate
entities.
The FERC 566, expressly required by
section 305(c) of the Federal Power Act
and filed annually, lists the filing
utility’s twenty largest purchasers and
the amount of electricity sold. As stated
previously, the Commission uses the
FERC 566 in conjunction with the FERC
Form 561 to identify potential conflicts
of interest.
The proposed revisions will reduce
respondent burden by allowing this
information to be submitted
electronically. More specifically,
respondent burden will be lowered by
eliminating or substantially reducing
printing and mailing costs thereby
lessening the time to file and/or refile
the aforementioned information. The
Commission will also benefit through
the elimination/reduction of paper
processing costs.
Internal Review: The Commission has
reviewed the proposed amendment to
its regulations modifying the filing
methods for interlocking directorates.
The filings submitted are required by
the Federal Power Act and allow the
Commission to ensure that filers are in
compliance. The revisions to the filing
requirements will provide more
effective analysis by reducing data
errors and by preserving the integrity of
the data. Electronic filing will allow for
efficient dissemination of information,
allowing the Commission to more
effectively analyze the information. The
Commission has assured itself, by
means of internal review, that there is
specific, objective support for the
burden estimates associated with the
information retention requirements.
Interested persons may obtain
information on the filing requirements
by contacting the following: Federal
Energy Regulatory Commission (FERC),
888 First Street, NE., Washington, DC
20426 [Attention: Michael Miller,
Information Clearance Officer, Office of
the Executive Director, Phone: (202)
502–8415, Fax: (202) 273–0873, e-mail:
michael.miller@ferc.gov]. For submitting
comments concerning the collection of
information and associated burden
estimates, please send your comments
to the contact listed above and to: Office
of Management and Budget (OMB),
Office of Information and Regulatory
Affairs (OIRA), Washington, DC 20503
[Attention: Desk Officer for FERC]
Phone: (202) 395–4650, Fax: (202) 395–
7285.
VI. Comment Procedures
15. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice, including any related matters or
alternative proposals that commenters
may wish to discuss. Comments are due
August 16, 2005. Comments must refer
to Docket No. RM05–13–000, and must
include the commenters name, the
organization they represent, if
applicable, and their address in their
comments.
16. Comments may be filed
electronically via the eFiling link on the
Commission’s Web site at https://
www.ferc.gov . The Commission accepts
most standard word processing formats
and commenters may attach additional
files with supporting information in
CFR 1320.11.
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Federal Register / Vol. 70, No. 116 / Friday, June 17, 2005 / Proposed Rules
certain other file formats. Commenters
filing electronically do not need to make
a paper filing. Commenters that are not
able to file comments electronically
must send an original and 14 copies of
their comments to: The Federal Energy
Regulatory Commission, Office of the
Secretary, 888 First Street NE.,
Washington, DC 20426.
17. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
discussing this proposal are not
required to serve copies of their
comments on other third parties.
VII. Document Availability
18. 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 (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5 p.m.
eastern time) at 888 First Street, NE.,
Room 2A, Washington, DC 20426. Email the Public Reference Room at
public.referenceroom@ferc.gov or (202)
502–8371.
19. From the Commission’s home
page on the Internet, this information is
available in its eLibrary. The full text of
this document is available in the
eLibrary both 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.
20. User assistance is available for
eLibrary and the Commission’s Web site
during our normal business hours. For
assistance, contact FERC Online
Support at
FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY,
contact (202) 502–8659.
List of Subjects in 18 CFR Part 45, 46,
and 131
Interlocking directorates; public
utilities.
By direction of the Commission.
Linda Mitry,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to amend parts
45, 46, and 131, Chapter I, Title 18,
Code of Federal Regulations, as follows.
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PART 45—APPLICATION FOR
AUTHORITY TO HOLD INTERLOCKING
POSITIONS
1. The authority citation for part 45
continues to read as follows:
Authority: Department of Energy
Organization Act, 42 U.S.C. 7101–7352
(1982); Exec. Order No. 12,009, 3 CFR 142
(1978); Independent Offices Appropriations
Act, 31 U.S.C. 9701 (1982); Federal Power
Act, 16 U.S.C. 971a–825r (1982); Public
Utility Regulatory Policy Act, 16 U.S.C.
2601–2645 (1982).
2. Revise § 45.7 to read as follows:
§ 45.7
Form of application.
The application, supplemental
application, statement of supplemental
information, notice of change and report
required by this part, shall be filed with
the Commission. An original hardcopy
of such filing shall be dated, signed by
the applicant and verified under oath in
accordance with § 131.60 of this
chapter, and retained at the applicant’s
business address. Such filing is an
electronic file that is classified as a
‘‘qualified document’’ in accordance
with § 385.2003(c)(1) and (2) of this
chapter. As a qualified document, no
paper copy version of the filing is
required unless there is a request for
privileged or protected treatment or the
document is combined with another
document as provided in
§ 385.2003(c)(3) or (4). Submit each
such filing in electronic form in
accordance with § 385.2003.
PART 46—PUBLIC UTILITY FILING
REQUIREMENTS AND FILING
REQUIREMENTS FOR PERSONS
HOLDING INTERLOCKING POSITIONS
1. The authority citation for part 46
continues to read as follows:
35187
privileged or protected treatment or the
document is combined with another
document as provided in
§ 385.2003(c)(3) or (4). Submit the filing
in electronic form in accordance with
§ 385.2003. A hardcopy of the list shall
be made publicly available through the
public utility’s principal business office.
*
*
*
*
*
3. Section 46.6 is amended by revising
paragraph (d)(1), removing paragraph
(d)(2), and redesignating paragraph
(d)(3) as paragraph (d)(2) and revising it
to read as follows:
§ 46.6 Contents of the written statement
and procedures for filing.
*
*
*
*
*
(d)(1) Each person shall file an
electronic version of such written
statement in accordance with § 385.2003
of this chapter with the Office of the
Secretary of the Commission on or
before April 30 of each year
immediately following the calendar year
during any portion of which such
person held a position described in
§ 46.4. An original hardcopy of such
statement shall be dated and signed by
such person and retained at the person’s
business address.
(2) Such statement shall be available
to the public during regular business
hours through the Commission’s Public
Reference Room and shall be made
publicly available through the principal
business offices of the public utility and
any entity to which it applies on or
before April 30 of the year the statement
was filed with the Commission.
*
*
*
*
*
PART 131—FORMS
Authority: Federal Power Act, as amended
(16 U.S.C. 792–828c); Public Utility
Regulatory Policies Act of 1978, 16 U.S.C.
2601–2645; Department of Energy
Organization Act, (42 U.S.C. 7101–7352);
E.O. 12009, 3 CFR 142 (1978).
Authority: 16 U.S.C. 791a—825n, 2601—
2645; 31 U.S.C. 9701; 42 U.S.C. 7101—7352.
2. Section 46.3 is amended by revising
paragraph (a) to read as follows:
2. Section 131.31 is revised to read as
follows:
§ 46.3
§ 131.31 FERC Form No. 561, annual
report of interlocking positions.
Purchaser list.
(a) Compilation and filing list. On or
before January 31 of each year, each
public utility shall compile a list of the
purchasers described in paragraph (b) of
this section and shall identify each
purchaser by name and principal
business address. The filing is an
electronic file that is classified as a
‘‘qualified document’’ in accordance
with § 385.2003(c)(1) and (2) of this
chapter. As a qualified document, no
paper copy version of the filing is
required unless there is a request for
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1. The authority for part 131
continues to read as follows:
(See section 46.4 of this chapter.)
(Submit in electronic format in
accordance with § 385.2003).
[FR Doc. 05–11531 Filed 6–16–05; 8:45 am]
BILLING CODE 6717–01–P
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]]>Agencies
[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Proposed Rules]
[Pages 35184-35187]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11531]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 45, 46, and 131
[Docket No. RM05-13-000]
Electronic Filing of Interlocking Positions and Twenty Largest
Purchasers Information
May 26, 2005.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to revise its regulations for filings by persons holding interlocking
positions and for utilities listing their twenty largest purchasers of
electricity. The proposed revisions provide for electronic filing. The
modifications in this Proposed Rule are the result of a review
conducted by the Commission's Information Assessment Team (FIAT),
identifying the Commission's current information collections,
evaluating their original purposes and current uses, and proposing ways
to reduce the reporting burden on industry through the
[[Page 35185]]
elimination, reduction, streamlining or reformatting of current
collections.
DATES: Comments are due on this Notice of Proposed Rulemaking August
16, 2005.
ADDRESSES: Comments on this Notice of Proposed Rulemaking may be filed
electronically via the eFiling link on the Commission's Web site at
https://www.ferc.gov . Commenters unable to file comments electronically
must send an original and 14 copies of their comments to: Federal
Energy Regulatory Commission, Office of the Secretary, 888 First Street
NE., Washington, DC, 20426. Refer to the Comment Procedures section of
the preamble for additional information on how to file comments.
FOR FURTHER INFORMATION CONTACT:
Samuel Berrios, Jr. (Technical Information), Office of Market Oversight
and Investigations, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426, (202) 502-6212.
Patricia Morris (Technical Information), Office of the Executive
Director, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-8730.
Joseph A. Lynch (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-8497.
I. Introduction
1. The Commission proposes modifying its regulations to modernize
the filing method and standardize the filing format to ensure easier
filing and use of the Application for Authority To Hold Interlocking
Directorate Positions (FERC 520), the Annual Report of Interlocking
Positions (FERC Form 561), and the Annual Report of a Utility's Twenty
Largest Purchasers (FERC 566).
2. In this Notice of Proposed Rulemaking, the Commission is
proposing to allow for electronic filing (eFiling) of FERC 520, FERC
Form 561, and FERC 566. As described more fully below, we propose to
implement software changes to the Commission's Web site (https://
www.ferc.gov) that will allow filers to electronically submit
interlocking position information and related information, as well as
to submit amended filings.
3. The requirements for these information collections and
descriptions of the contents of the filings are found in the Commission
regulations at 18 CFR parts 45, 46 and 131.
II. Discussion
4. Section 305(b) of the Federal Power Act \1\ (FPA) prohibits
individuals from holding positions as an officer or director of more
than one public utility, to hold the positions of officer or director
of a public utility and of an entity authorized by law to underwrite or
participate in the marketing of public utility securities; or to hold
the positions of officer or director of a public utility and of an
entity supplying electrical equipment to that particular public
utility, unless the Commission has granted prior authorization to hold
the positions upon a finding that neither public nor private interests
will be adversely affected. The Commission implements this statutory
mandate using FERC 520.
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\1\ 16 U.S.C. 825d(b).
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5. Once the Commission approves the holding of interlocking
positions, the officer or director must file a FERC Form 561 annually
by April 30th. FERC Form 561 is currently filed in hardcopy format. To
assist filers in submitting the information in the prescribed format,
however, the Commission, through Order No. 601,\2\ e-mails a
spreadsheet to each filer. Each filer must then update the previous
year's information on the spreadsheet to reflect that year's positions.
The officer or director then prints the spreadsheet out in hard copy,
signs it, and mails it to the Commission.
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\2\ Filing Requirements Under Parts 46 and 131 for Persons
Holding Interlocking Directorates, Order 601, 63 FR 72167 (1998),
FERC Stats. & Regs. Regulations Preambles 1996-2000 ] 31,069 (1998).
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6. In addition, each public utility must file a report, FERC 566,
identifying its twenty largest customers annually by January 31st.
7. The Commission proposes to require the electronic filing of FERC
520, FERC Form 561, and FERC 566. The Commission, in recognition of the
E-Government Act initiatives,\3\ has a Web-based FERC Online \4\ portal
system, which, among other things, allows for electronic filing of
certain information. It is through this system that the Commission
proposes to accept FERC 520 and FERC 566 filings.
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\3\ 44 U.S.C. 36.
\4\ https://www.ferc.gov/docs-filing/ferconline.asp. Further
information on FERC Online can be found at https://www.ferc.gov/docs-
filing/egov-act-2004.pdf.
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8. While the FERC 520 and FERC 566 will be filed through the
eFiling \5\ portal, the FERC Form 561 will be filed through the eForms
\6\ application on the Commission's Web site. The filer will complete
the electronic FERC Form 561 using Commission provided software then
transmit the completed form to the Commission.
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\5\ https://www.ferc.gov/docs-filing/efiling.asp.
\6\ https://www.ferc.gov/docs-filing/eforms-elec.asp.
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9. Electronic filing of this information will allow for easier
storage, access, retrieval, and analysis.
III. Regulatory Flexibility Act Statement
10. The Regulatory Flexibility Act (RFA) requires rulemakings to
contain either a description and analysis of the effect that the rule
will have on small entities or to contain a certification that the rule
will not have a significant economic impact on a substantial number of
small entities.\7\
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\7\ 5 U.S.C. 601-12.
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11. The Commission concludes that this rule would not have such an
impact on small entities. Most public utilities to which the proposed
rule would apply do not fall within the RFA's definition of a small
entity.\8\ Consequently, the Commission certifies that this Final Rule
will not have ``a significant economic impact on a substantial number
of small entities.''
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\8\ 5 U.S.C 601(3), citing to section 3 of the Small Business
Act, 15 U.S.C. 632, section 3 of the Small Business Act defines a
``small-business concern'' as a business which is independently
owned and operated and which is not dominant in its field of
operation. In addition, the RFA definition of ``small entity''
refers to the definition provided in the Small Business Act, which
defines a ``small business concern'' as a business that is
independently owned and operated and that is not dominant in its
field of operation. 15 U.S.C. 632. The Small Business Size Standards
component of the North American Industry Classification System
defines a small electric utility as one that, including its
affiliates, is primarily engaged in the generation, transmission,
and/or distribution of electric energy for sale and whose total
electric output for the preceding fiscal year did not exceed 4
million MWh. 13 CFR 121.201.
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IV. Environmental Analysis
12. 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.\9\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment.\10\ The actions proposed to be taken here fall within the
categorical exclusions in the Commission's regulations for rules that
involve information gathering, analysis, and dissemination and that
involve interlocking positions.\11\ Therefore, an environmental
assessment is
[[Page 35186]]
unnecessary and has not been prepared for this rulemaking.
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\9\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986-1990 ] 30,783 (1987).
\10\ 18 CFR 380.4(a)(2)(ii).
\11\ 18 CFR 380.4(a)(5).
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V. Information Collection Statement
13. The Office of Management and Budget (OMB) regulations require
OMB to approve certain information collection requirements imposed by
agency rule.\12\ Comments are solicited on the Commission's need for
this information, whether the information will have practical utility,
the accuracy of provided burden estimates, ways to enhance the quality,
utility and clarity of the information to be collected, and any
suggested methods for minimizing respondents' burden, including the use
of automated information techniques.
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\12\ 5 CFR 1320.11.
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Estimated Annual Burden
14. The current reporting burden is as follows:
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Number of Number of Number of Total annual
Data collection respondents hours responses hours
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FERC 520........................................ 28 51 1 1450
FERC Form 561................................... 1649 .25 1 412
FERC 566........................................ 183 6 1 1098
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Total....................................... .............. .............. .............. 2960
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The burden reduction will be twenty percent for each information
collection. A total of 592 hours combined will be eliminated, resulting
in a total annual burden of 2,368 hours.
Title: Application for Authority to Hold Interlocking Positions
(FERC 520).
Annual Report of Interlocking Positions (FERC Form 561).
Annual Report of Utility Twenty Largest Purchasers (FERC 566).
Action: Electronic Filing of Information.
OMB Control Nos.: 1902-0083, 1902-0099, and 1902-0114.
Respondents: Businesses, other for profit and not-for-profit
institutions, and persons.
Frequency of Responses: Annual (FERC Form 561 and FERC 566) and
Occasional (FERC 520).
Necessity of Information: The proposed regulations will revise the
filing methods for the FERC 520 (Application for Authorization to Hold
Interlocking Positions), FERC Form 561 (Annual Report of Interlocking
Positions), and FERC 520 (Annual Report of Utility's Twenty Largest
Purchasers).
The Commission uses the FERC 520, which is filed as necessary in
hardcopy, to gather information to act on a filer's request to hold
interlocking positions. The FERC 520 is a narrative that details the
interlocking positions applied for as well as existing interlocking
positions held by the filer. The Commission, in turn, uses the
information (in conjunction with the filer's FERC Form 561), to make a
determination whether or not the filer should be granted authorization
to hold the position.
The FERC Form 561, expressly required by section 305(c) of the
Federal Power Act and filed annually, lists the interlocking positions
held by the filer and is typically submitted in hardcopy. The
Commission uses the FERC Form 561 in conjunction with the FERC 520 to
determine if a person is currently holding an interlocking position (as
listed in the FERC Form 561) that they did not apply for originally in
the FERC 520. In turn, the Commission checks to see if the person was
approved to hold an interlocking position (as stated in the FERC 520)
but did not list the respective interlocking position in the FERC Form
561. The Commission also uses FERC Form 561 in conjunction with FERC
566 to identify potential conflicts of interest between utilities and
other corporate entities.
The FERC 566, expressly required by section 305(c) of the Federal
Power Act and filed annually, lists the filing utility's twenty largest
purchasers and the amount of electricity sold. As stated previously,
the Commission uses the FERC 566 in conjunction with the FERC Form 561
to identify potential conflicts of interest.
The proposed revisions will reduce respondent burden by allowing
this information to be submitted electronically. More specifically,
respondent burden will be lowered by eliminating or substantially
reducing printing and mailing costs thereby lessening the time to file
and/or refile the aforementioned information. The Commission will also
benefit through the elimination/reduction of paper processing costs.
Internal Review: The Commission has reviewed the proposed amendment
to its regulations modifying the filing methods for interlocking
directorates. The filings submitted are required by the Federal Power
Act and allow the Commission to ensure that filers are in compliance.
The revisions to the filing requirements will provide more effective
analysis by reducing data errors and by preserving the integrity of the
data. Electronic filing will allow for efficient dissemination of
information, allowing the Commission to more effectively analyze the
information. The Commission has assured itself, by means of internal
review, that there is specific, objective support for the burden
estimates associated with the information retention requirements.
Interested persons may obtain information on the filing
requirements by contacting the following: Federal Energy Regulatory
Commission (FERC), 888 First Street, NE., Washington, DC 20426
[Attention: Michael Miller, Information Clearance Officer, Office of
the Executive Director, Phone: (202) 502-8415, Fax: (202) 273-0873, e-
mail: michael.miller@ferc.gov]. For submitting comments concerning the
collection of information and associated burden estimates, please send
your comments to the contact listed above and to: Office of Management
and Budget (OMB), Office of Information and Regulatory Affairs (OIRA),
Washington, DC 20503 [Attention: Desk Officer for FERC] Phone: (202)
395-4650, Fax: (202) 395-7285.
VI. Comment Procedures
15. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice, including any related
matters or alternative proposals that commenters may wish to discuss.
Comments are due August 16, 2005. Comments must refer to Docket No.
RM05-13-000, and must include the commenters name, the organization
they represent, if applicable, and their address in their comments.
16. Comments may be filed electronically via the eFiling link on
the Commission's Web site at https://www.ferc.gov . The Commission
accepts most standard word processing formats and commenters may attach
additional files with supporting information in
[[Page 35187]]
certain other file formats. Commenters filing electronically do not
need to make a paper filing. Commenters that are not able to file
comments electronically must send an original and 14 copies of their
comments to: The Federal Energy Regulatory Commission, Office of the
Secretary, 888 First Street NE., Washington, DC 20426.
17. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters discussing this
proposal are not required to serve copies of their comments on other
third parties.
VII. Document Availability
18. 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 (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m. eastern time) at 888 First Street, NE., Room 2A,
Washington, DC 20426. E-mail the Public Reference Room at
public.referenceroom@ferc.gov or (202) 502-8371.
19. From the Commission's home page on the Internet, this
information is available in its eLibrary. The full text of this
document is available in the eLibrary both 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.
20. User assistance is available for eLibrary and the Commission's
Web site during our normal business hours. For assistance, contact FERC
Online Support at FERCOnlineSupport@ferc.gov or toll-free at (866) 208-
3676, or for TTY, contact (202) 502-8659.
List of Subjects in 18 CFR Part 45, 46, and 131
Interlocking directorates; public utilities.
By direction of the Commission.
Linda Mitry,
Deputy Secretary.
In consideration of the foregoing, the Commission proposes to amend
parts 45, 46, and 131, Chapter I, Title 18, Code of Federal
Regulations, as follows.
PART 45--APPLICATION FOR AUTHORITY TO HOLD INTERLOCKING POSITIONS
1. The authority citation for part 45 continues to read as follows:
Authority: Department of Energy Organization Act, 42 U.S.C.
7101-7352 (1982); Exec. Order No. 12,009, 3 CFR 142 (1978);
Independent Offices Appropriations Act, 31 U.S.C. 9701 (1982);
Federal Power Act, 16 U.S.C. 971a-825r (1982); Public Utility
Regulatory Policy Act, 16 U.S.C. 2601-2645 (1982).
2. Revise Sec. 45.7 to read as follows:
Sec. 45.7 Form of application.
The application, supplemental application, statement of
supplemental information, notice of change and report required by this
part, shall be filed with the Commission. An original hardcopy of such
filing shall be dated, signed by the applicant and verified under oath
in accordance with Sec. 131.60 of this chapter, and retained at the
applicant's business address. Such filing is an electronic file that is
classified as a ``qualified document'' in accordance with Sec.
385.2003(c)(1) and (2) of this chapter. As a qualified document, no
paper copy version of the filing is required unless there is a request
for privileged or protected treatment or the document is combined with
another document as provided in Sec. 385.2003(c)(3) or (4). Submit
each such filing in electronic form in accordance with Sec. 385.2003.
PART 46--PUBLIC UTILITY FILING REQUIREMENTS AND FILING REQUIREMENTS
FOR PERSONS HOLDING INTERLOCKING POSITIONS
1. The authority citation for part 46 continues to read as follows:
Authority: Federal Power Act, as amended (16 U.S.C. 792-828c);
Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 2601-2645;
Department of Energy Organization Act, (42 U.S.C. 7101-7352); E.O.
12009, 3 CFR 142 (1978).
2. Section 46.3 is amended by revising paragraph (a) to read as
follows:
Sec. 46.3 Purchaser list.
(a) Compilation and filing list. On or before January 31 of each
year, each public utility shall compile a list of the purchasers
described in paragraph (b) of this section and shall identify each
purchaser by name and principal business address. The filing is an
electronic file that is classified as a ``qualified document'' in
accordance with Sec. 385.2003(c)(1) and (2) of this chapter. As a
qualified document, no paper copy version of the filing is required
unless there is a request for privileged or protected treatment or the
document is combined with another document as provided in Sec.
385.2003(c)(3) or (4). Submit the filing in electronic form in
accordance with Sec. 385.2003. A hardcopy of the list shall be made
publicly available through the public utility's principal business
office.
* * * * *
3. Section 46.6 is amended by revising paragraph (d)(1), removing
paragraph (d)(2), and redesignating paragraph (d)(3) as paragraph
(d)(2) and revising it to read as follows:
Sec. 46.6 Contents of the written statement and procedures for
filing.
* * * * *
(d)(1) Each person shall file an electronic version of such written
statement in accordance with Sec. 385.2003 of this chapter with the
Office of the Secretary of the Commission on or before April 30 of each
year immediately following the calendar year during any portion of
which such person held a position described in Sec. 46.4. An original
hardcopy of such statement shall be dated and signed by such person and
retained at the person's business address.
(2) Such statement shall be available to the public during regular
business hours through the Commission's Public Reference Room and shall
be made publicly available through the principal business offices of
the public utility and any entity to which it applies on or before
April 30 of the year the statement was filed with the Commission.
* * * * *
PART 131--FORMS
1. The authority for part 131 continues to read as follows:
Authority: 16 U.S.C. 791a--825n, 2601--2645; 31 U.S.C. 9701; 42
U.S.C. 7101--7352.
2. Section 131.31 is revised to read as follows:
Sec. 131.31 FERC Form No. 561, annual report of interlocking
positions.
(See section 46.4 of this chapter.)
(Submit in electronic format in accordance with Sec. 385.2003).
[FR Doc. 05-11531 Filed 6-16-05; 8:45 am]
BILLING CODE 6717-01-P
