Assessment of Demand Response Resources, 68002-68031 [05-22295]

Download as PDF 68002 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices Status Treasury instrument Loans with first disbursement date on or after 7/1/1998: Any status. 91-day T-bill 3.00 Interest rate for 7/1/2004 through 6/30/2005 Add-on Maximum interest rate + 3.1 = 6.10 9.00 + 3.1 = 6.50 9.00 + 3.1 = 6.10 9.00 Federal Direct PLUS Consolidation Loans Loans with first disbursement date before 7/1/1998: Any status Loans with first disbursement date between 7/1/1998 and 9/ 30/1998 and loans with first disbursement date on or after 10/1/1998 for which the application was received before 10/ 1/1998: Any status. Loans for which the application was received between 10/01/ 1998 and 1/31/1999: Any status. Loans for which the application was received on or after 2/01/ 1999: Any status. [FR Doc. 05–22366 Filed 11–8–05; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD06–2–000] Assessment of Demand Response Resources 1-year constant maturity Treasury yield 3.40 91-day T-bill 3.00 91-day T-bill + 2.3 = 5.30 3.00 The lesser of 8.25 percent or the weighted average of the loans application consolidated, rounded to the next higher was received 1/8 of one percent. Commission’s Web site at http:// 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. Please refer to the Comment Procedures section of the preamble for additional information on how to file comments. FOR FURTHER INFORMATION CONTACT: November 3, 2005. Federal Energy Regulatory Commission, DOE. ACTION: Notice of Proposed Voluntary Survey and Technical Conference. AGENCY: David Kathan (Technical Information), Office of Markets, Tariffs and Rates, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502–6404, David.Kathan@ferc.gov. Aileen Roder (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502–6022, Aileen.Roder@ferc.gov. SUMMARY: Pursuant to the Energy Policy Act of 2005 (EPAct 2005) section 1252(e)(3),1 the Federal Energy Regulatory Commission (Commission) is preparing a report, by appropriate region, that assesses demand response resources, including those available from all consumer classes. A voluntary survey and technical conference are proposed to obtain information that will assist in preparing and publishing this report. DATES: (1) Comments on the proposed survey questions should be filed December 5, 2005. (2) Requests to participate in the technical conference are due December 5, 2005. (3) Comments on the proposed technical conference topics are due December 19, 2005. ADDRESSES: Comments may be filed electronically via the eFiling link on the 1. Take notice that a survey on the saturation and penetration of advanced meters is being proposed and that a technical conference, with comments, on issues raised by the Energy Policy Act of 2005 (EPAct 2005) section 1252(e)(3) 2 will be held. Comments on the survey are due by December 5, 2005. The date, location, and agenda of the conference will be announced in a subsequent notice. Those wishing to participate in the technical conference should notify Commission staff by December 5, 2005. Finally, comments on the demand response issues addressed in the statute are due by December 19, 2005. These 1 Energy Policy Act of 2005, Pub. L. 109–58, § 1252(e)(3), 119 Stat. 594, (2005) (EPAct section 1252(e)(3)). 2 Energy Policy Act of 2005, Pub. L. 109–58, § 1252(e)(3), 119 Stat. 594, (2005) (EPAct section 1252(e)(3)). VerDate jul<14>2003 16:18 Nov 08, 2005 Jkt 208001 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 8.25 8.25 comments will help inform the discussion at the technical conference. I. Background 2. Section 1252(e)(3) of EPAct 2005 requires the Commission to draft and publish a report, by appropriate region, that assesses demand response resources, including those available from all consumer classes. Specifically, EPAct 2005 requires that the Commission identify and review: (A) Saturation and penetration rates of advanced meters and communications technologies, devices and systems; (B) Existing demand response programs and time-based rate programs; (C) The annual resource contribution of demand resources; (D) The potential for demand response as a quantifiable, reliable resource for regional planning purposes; (E) Steps taken to ensure that, in regional transmission planning and operations, demand resources are provided equitable treatment as a quantifiable, reliable resource relative to the resource obligations of any load-serving entity, transmission provider, or transmitting party; and (F) Regulatory barriers to improved customer participation in demand response, peak reduction and critical period pricing programs. 3. A survey is proposed to obtain the needed information on meter saturation and penetration. With respect to the other issues the Commission must address in the report, input from state regulators and members of the industry will enhance its ability to present a comprehensive and well informed E:\FR\FM\09NON1.SGM pfrm13 PsN: 09NON1 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices report. To acquire this input, the public is invited to submit comments on the demand response issues addressed by the statute and to participate in a technical conference we will hold to discuss those issues. A. Voluntary Survey on Saturation and Penetration of Advanced Metering and Demand Response 4. A voluntary survey is proposed on the use of advanced metering and demand response, because adequate information on this subject is not collected by other sources. For instance, the information collected by EIA–861 (Annual Electric Power Industry Report) form administered by the Energy Information Administration (EIA) includes aggregate information on energy efficiency and load management, but does not include any information on advanced metering. In addition, the information on load management collected by EIA does not provide sufficient information to help identify existing demand response programs or time-based rate programs. 5. The Commission will conduct the survey using the Internet. The proposed survey is targeted towards respondents who directly serve end-use customers. Respondents will provide their information for the survey to the Commission on an Internet web-based form and submit their responses electronically directly to the Commission. 6. Because there are no standard industry definitions, Commission staff is uncertain about the best set of questions for obtaining information on the saturation and penetration of advanced metering. For example, given the various types of meters with advanced functionality, it may be difficult to unambiguously define advanced metering. Instead, we propose a survey that asks a series of questions concerning meter functionality. Information on meter functionality will better assist in developing a definition of advanced metering that can be used to accurately estimate regional saturation and penetration of advanced metering. A national survey of advanced metering should also prove useful for planning and benchmarking by market participants. 7. While the focus of the survey is on advanced metering, the proposed survey also contains several questions requesting information on existing demand response and time-based metering programs. These questions are designed to collect program information necessary to obtain information on demand response programs in response to section 1252(e)(3)(B) of EPAct. VerDate jul<14>2003 16:18 Nov 08, 2005 Jkt 208001 Furthermore, in recognition that different individuals or departments may be responsible for completing the metering and demand response information, the survey will be implemented as two Web-based forms (one on advanced metering, and one on demand response programs) 3 to ease data entry. 8. The proposed survey is attached to this Notice as an Appendix. The public is requested to comment on the survey questions. In particular, the public should comment on whether the questions will elicit accurate information on advanced meters and demand response programs, or whether the questions should be modified or supplemented to better obtain information. In addition, we solicit input on other sources of information on advanced metering and demand response programs. Comments on the survey are to be filed by December 5, 2005 and should reference this proceeding. B. Comments and Technical Conference 9. Industry input is also needed in order to gain an objective appraisal of the issues identified in the EPAct 2005, particularly those which require the strategic assessments of businesses, such as the potential for use of demand response as a reliable resource for planning purposes, steps taken to treat demand response equitably in regional transmission planning, and barriers to improved customer participation in demand response programs. Therefore, written comments are requested on the six general topics listed in the EPAct 2005 in accordance with this Notice’s Section II, below. 10. In order to provide a forum for discussion of these issues, a technical conference will be held to gather additional data and receive further public comment on the issues we will address in the report. The date of the conference will be announced in a subsequent notice. Those wishing to participate in the conference should contact David Kathan (David.Kathan@ferc.gov or (202) 502– 6404) by December 5, 2005 and should reference this proceeding. 11. The conference will be open to the public, and pre-registration to attend is not required. 12. FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail 3 Please note that due to the limitations of the Web-based survey tool, the demand response survey includes multiple questions per customer class to accommodate respondents with more than one demand response program per class. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 68003 to accessibility@ferc.gov or call toll free 1–866–208–3372 (voice) or 202–208– 1659 (TTY), or send a FAX to 202–208– 2106 with the required accommodations. II. Comment Subject Areas 13. Commenters may address any of the demand response and time-based rate issues raised and/or identified in EPAct 2005 section 1252(e)(3). Commenters are encouraged, but not required, to consider and address the following questions within each of the six EPAct 2005 issues in their response. Comments on these issues are due by December 19, 2005. A. Advanced Metering and Communication Systems • How should the Commission define advanced meters and communication systems for the purpose of reporting to Congress? • Are advanced meters necessary to implement demand response and timebased rate programs? Can sufficient demand response be fostered from noncommunicating, non-hourly meters? • In general, what are the current saturation and penetration levels of advanced meters? • Does the implementation of an advanced metering system or use of advanced meters reduce utility costs? • What level of penetration is needed to achieve cost savings? For example, can advanced meters be used only for certain customer groups or would all customers need to use advanced meters to make their use cost effective? B. Existing Demand Response and Time-Based Rate Programs • Describe the type of programs being used and the benefits or detriments of each programmatic approach. • How have these types of programs changed since the early 1990s? • Have demand response and timebased rate programs increased or decreased in recent years? • Are demand response programs implemented by electric utilities available to all customers, or are they targeted to specific customer groups or geographic areas, e.g., load pockets or transmission constrained areas? C. Annual Resource Contribution 4 of Demand Response • Describe in general the extent of resource contribution by demand response for the geographic area you serve or represent. 4 For purposes of this notice and proposed survey, resource contribution is defined as potential peak reduction at time of system peak. E:\FR\FM\09NON1.SGM pfrm13 PsN: 09NON1 68004 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices • Identify and describe the best available sources of information on the annual resource contribution made by demand response, by region. • What problems exist in measuring resource contribution? Should the measurement be on the basis of enrollment or on actual quantities used? D. Potential for Demand Response as a Quantifiable, Reliable Resource for Regional Planning Purposes • What percentage of total resource requirements could demand response resources reliably provide? • What is the current role of demand response resources in meeting regional resource adequacy requirements and ancillary services? • Explain the risks of relying on demand response for resource adequacy. Do the risks differ depending on the type of demand response? • What is the potential impact of demand response on overall energy usage? • Can time-based rate programs or interruptible/curtailment rate programs be counted as capacity resources in regional plans? E. Equitable Treatment of Demand Response Resources in Regional Transmission Planning and Operations • What is the status of including demand response within regional transmission planning and operations? • Have demand response resources been examined during the development of regional transmission plans, and to what extent? • Do current North American Electric Reliability Council (NERC) standards and regional reliability council rules accommodate the use of demand response as an alternative to building more transmission infrastructure, building generating capacity, or generating/purchasing more power? • In regional transmission operations, such as RTOs and ISOs, what demand response resources are currently available? Under what circumstances are these resources called upon and at what level (kWs/kWhs)? F. Regulatory Barriers to Improved Customer Participation in Demand Response, Peak Reduction, and Critical Period Pricing Programs • What wholesale and retail regulatory barriers exist to improving customer participation in demand response? • What regulatory barriers exist to improving customer participation in innovative time-based rate programs, such as critical peak pricing? • What are the drivers and disincentives to customer interest in participating in demand response or critical period pricing programs? • Do start-up costs limit the number of participants in demand response programs? If so, how should this issue be addressed? • Does jurisdictional uncertainty between state and federal regulation create barriers to demand response programs? • Are there regulatory or other barriers to participation of third-party curtailment service providers in ISO/ RTO demand response programs? Are current settlement and payment procedures adequate for participation by these third-party entities? • Given that distribution companies may no longer own generation or be a supplier of last resort, has their incentive to provide demand response been reduced? If so, what alternative No. of respondents Data collection mechanisms or policies should be considered to provide incentives to these distribution companies to implement demand response? • Do current retail rate structures, which are largely based on volumetric rates, create a disincentive for distribution company promotion and implementation of demand response? If they do, how can this disincentive be reduced? • What are the drivers or disincentives to load-serving entities offering aggressive demand response programs? III. Information Collection Statement 14. OMB regulations require that OMB approve certain reporting, recordkeeping, and public disclosure (collections of information) imposed by an agency.5 Accordingly, pursuant to OMB regulations, notice is given to the public that (1) the voluntary draft survey that is attached as an Appendix to this Notice is proposed to be administered using the Internet and a web-based application to collect the information electronically, and (2) OMB is being asked for review and approval of the final survey under section 3507(d) of the Paperwork Reduction Act of 1995.6 15. Comments are requested on the efficacy of the draft survey in the Appendix to this Notice and the accuracy of the estimates made to measure the burden on respondents of completing the survey that are detailed below. 16. This Notice has been submitted to OMB for review and clearance of the Notice’s information collection requirements. OMB approval has been requested by December 19, 2005. No. of responses Hours per response Total annual hours FERC–727, Demand Response and Time Based Rate Programs Survey .... FERC–728, Advanced Metering Survey .......................................................... 1,500 1,500 1 1 1 1 3,000 3,000 Totals ........................................................................................................ 3,000 2 2 6,000 17. Total Annual Hours for Collection: The reporting burden for this survey is estimated at 6,000 hours. 18. Information Collection Costs: The surveyed organizations collect all the information requested in FERC–727 and FERC–728 as part of their customary and usual business practices. Comments are requested on the cost of responding 55 to FERC–727 and FERC–728. The average annualized cost for all respondents is projected to be $324,000 (6,000 hours ✖ $54 per hour). 19. Title: FERC–727, Demand Response and Time Based Rate Programs Survey and FERC–728, Advanced Metering Survey. 6 44 CFR 1320.10 (2005). VerDate jul<14>2003 16:18 Nov 08, 2005 Jkt 208001 PO 00000 20. Action: Proposed Information Collection. The respondent shall not be penalized for failure to respond to this collection of information unless the collection of information displays a valid OMB control number. 21. Respondents: Business or other for profit, publicly-owned utilities, and electric cooperatives. U.S.C. 3507(d) (2005). Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM pfrm13 PsN: 09NON1 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 22. Frequency of Responses: One-time implementation. 23. Necessity of Information: On August 8, 2005, Congress enacted EPAct 2005. Section 1252(e)(3) of the EPAct 2005 requires the Commission to draft and publish a report, by appropriate region, that assesses demand response resources, including those available from all consumer classes. Commission staff has reviewed public information to determine the availability of saturation and penetration data on advanced metering with the regional specificity required by the EPAct 2005. The review included an assessment of the EIA–861, which collects aggregate information on energy efficiency and load management. The EIA–861 does not include any information on advanced metering. Moreover, there are no publicly available saturation and penetration data on advanced metering at the level required by the EPAct 2005. The Commission is dedicated to establishing clear market rules to govern electric markets. The information collected through this survey will assist the Commission in carrying out its goal of developing robust and efficient energy markets. 24. Internal Review: Internal review at the Commission shows that there is specific, objective support for the burden estimates associated with the information requirements. The Commission will review the data resulting from the survey to ensure that the survey results meet the congressional requirements of the annual report on demand response in EPAct 2005. This conforms to the Commission’s plan for efficient information collection, communication, and management within the electric industry. 25. Interested persons may obtain information on the reporting requirements of the survey by contacting the following: Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 (Attention: Michael Miller, Office of the Executive Director, 202–502–8415, fax: 202–273–0873, e-mail: Michael.miller@ferc.gov. To submit comments concerning the collection of information and the associated burden estimates including suggestions for reducing this burden, please send your comments to the contact listed above and to the Office of Management and Budget, Room 10202 NEOB, 725 17th Street, NW., Washington, DC 20503 (Attention: Desk Officer for the Federal Energy Regulatory Commission), fax: 202–395–7285, e-mail: oira_submission@omb.eop.gov). 26. The ‘‘public protection’’ provision of the Paperwork Reduction Act 7 requires each agency to display a currently valid OMB control number and inform respondents that a response is not required unless the information collection displays a valid OMB control number on each information collection. This provision has two legal effects: (1) It creates a legal responsibility for the agency; and (2) it provides an affirmative legal defense for respondents if the information collection is imposed on respondents by the Commission through regulation or administrative means in order to satisfy a legal authority or responsibility of the Commission. If the Commission should fail to display an OMB control number, then it is the Commission not the respondent who is in violation of the law. ‘‘Display’’ is defined as publishing the OMB control number in regulations, guidelines or other issuances in the Federal Register (for example, in the preamble or regulatory text for the final rule containing the information collection).8 Therefore, the Commission may not conduct or sponsor, and a person is not required to respond to a collection of information unless the information collection displays a valid OMB control number. IV. Comment Procedures 27. Interested persons are invited to submit comments on the matters, issues and specific questions in this Notice. Comments should refer to Docket No. AD06–2–000, and include the commenter’s name, the organization they represent, if applicable, and their address. Comments may be filed either in electronic or paper format. 28. To facilitate review of the comments, we request commenters to provide an executive summary of their comments. Commenters also are requested to identify each specific question posed in this notice that their discussion addresses and to use appropriate headings. Commenters should identify additional issues they wish to raise separately. 29. Comments regarding the proposed survey are due December 5, 2005. 30. Comments on the proposed technical conference topics are due December 19, 2005. 31. Those considering participating in the technical conference should contact David Kathan within December 5, 2005. 8 See 32. All comments related to this proceeding may be filed electronically via the eFiling link on the Commission’s Web site at http://www.ferc.gov. The Commission accepts most standard word processing formats and commenters may attach additional files with supporting information in 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: Federal Energy Regulatory Commission, Office of the Secretary, 888 First Street NE., Washington, DC 20426. 33. 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 on this proposal are not required to serve copies of their comments on other commenters. V. Document Availability 34. 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 p.m. eastern time) at 888 First Street, NE., Room 2A, Washington DC 20426. 35. From the Commission’s Home Page on the Internet, this information is available in the Commission’s document management system, 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. 36. User assistance is available for eLibrary and the Commission’s Web site during normal business hours. For assistance, please contact the Commission’s Online Support at 1–866– 208–3676 (toll free) or 202–502–6652 (email at FERCOnlineSupport@ferc.gov), or the Public Reference Room at (202) 502–8371, TTY (202) 502–8659. E-Mail the Public Reference Room at public.referenceroom@ferc.gov. Magalie R. Salas, Secretary. BILLING CODE 6717–01–P 1 CFR 21.35(2005); 5 CFR 1320.3(f)(3)(2005). 7 44 U.S.C. 3512(2000); 5 CFR 1320.5(b)(2005); 5 CFR 1320.6(a)(2005). 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00042 Fmt 4703 Sfmt 4725 E:\FR\FM\09NON1.SGM pfrm13 PsN: 09NON1 68027 EN09NO05.049</GPH> Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 16:18 Nov 08, 2005 Jkt 208001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4725 E:\FR\FM\09NON1.SGM pfrm13 PsN: 09NON1 EN09NO05.050</GPH> 68028 VerDate jul<14>2003 16:18 Nov 08, 2005 Jkt 208001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4725 E:\FR\FM\09NON1.SGM pfrm13 PsN: 09NON1 68029 EN09NO05.051</GPH> Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices VerDate jul<14>2003 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 16:18 Nov 08, 2005 Jkt 208001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM pfrm13 PsN: 09NON1 EN09NO05.052</GPH> 68030 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices [FR Doc. 05–22295 Filed 11–8–05; 8:45 am] BILLING CODE 6717–01–C ENVIRONMENTAL PROTECTION AGENCY [OPP–2005–0294; FRL–7745–1] The Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group; Notice of Public Meeting Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: The Association of American Pesticide Control Officials (AAPCO)/ State FIFRA Issues Research and Evaluation Group (SFIREG) will hold a 2–day meeting, beginning on December 5, 2005 and ending December 6, 2005. This notice announces the location and times for the meeting and sets forth the tentative agenda topics. DATES: The meeting will be held on Monday, December 5, 2005 through Tuesday, December 6, 2005 from 8:30 a.m. to 5 p.m. on Monday, December 5 and 8:30 a.m. to 12 p.m. on Tuesday, December 6, 2005. ADDRESSES: The meeting will be held at the Doubletree Hotel, 300 Army Navy Drive, Crystal City, Arlington, VA. FOR FURTHER INFORMATION CONTACT: Georgia A. McDuffie, Field and External Affairs Division (7506C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 605– 0195; fax number: (703) 308–1850; email address: mcduffie.georgia@epa.gov or Philip H. Gray, SFIREG Executive Secretary, P.O. Box 1249, Hardwick, VT 05843–1249; telephone number: (802) 472–6956; fax (802) 472–6957; e-mail address: aapco@plainfield.bypass.com. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are interested in SFIREG information exchange with EPA regarding important issues related to human health, environmental exposure to pesticides, and insight into EPA’s decision-making process. Potentially affected entities may include, but are not limited to: Those persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug and Cosmetic Act (FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). VerDate jul<14>2003 16:18 Nov 08, 2005 Jkt 208001 B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification (ID) number OPP–2005–0294. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone number is (703) 305–5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at http://www.epa.gov/fedrgstr/. An electronic version of the public docket is available through EPA’s electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B.1. Once in the system, select ‘‘search,’’ then key in the appropriate docket ID number. II. Tentative Agenda The tentative agenda of issues to be discussed at the meeting includes: 1. Update on uses on mosquito misters. 2. Process for registering bio-decon products. 3. Antimicrobial Division/CDC strategy on foot spas. 4. Chlorpyrifos: Close out strategy. 5. Performance measures: Steering Committee assessment. 6. Endangered Species Program update. 7. Emergency disaster: Registrations. 8. Multinational pesticide registrations. 9. Update on X596 Recycling Standard. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 68031 10. Update on container management rulemaking. 11. EPA/SFIREG Coordination of issues with Annual Work Plan. 12. Update on data issues related to OPPIN. 13. OPP and OECA update. 14. Human Study Rule. List of Subjects Environmental protection. Pesticides and pest. Dated: November 1, 2005. William R. Diamond, Director, Field and External Affairs Division, Office of Pesticide Program. [FR Doc. 05–22383 Filed 11–8–05; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [OPP–2005–0253; FRL–7740–2] Propylene Oxide Risk Assessment, Notice of Availability, and Risk Reduction Options Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: This notice announces the availability of EPA’s human health risk assessment and related documents for the insecticidal fumigant pesticide propylene oxide (PPO), and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED), for PPO through a modified, 4–Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. This notice opens phase 3 of the 4–phase process. DATES: Comments must be received on or before January 9, 2006. ADDRESSES: Comments, identified by docket identification (ID) number OPP– 2005–0253, may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Susan Bartow, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 603– E:\FR\FM\09NON1.SGM pfrm13 PsN: 09NON1

Agencies

[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Notices]
[Pages 68002-68031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22295]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD06-2-000]


Assessment of Demand Response Resources

November 3, 2005.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of Proposed Voluntary Survey and Technical Conference.

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SUMMARY: Pursuant to the Energy Policy Act of 2005 (EPAct 2005) section 
1252(e)(3),\1\ the Federal Energy Regulatory Commission (Commission) is 
preparing a report, by appropriate region, that assesses demand 
response resources, including those available from all consumer 
classes. A voluntary survey and technical conference are proposed to 
obtain information that will assist in preparing and publishing this 
report.
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    \1\ Energy Policy Act of 2005, Pub. L. 109-58, Sec.  1252(e)(3), 
119 Stat. 594, (2005) (EPAct section 1252(e)(3)).

DATES: (1) Comments on the proposed survey questions should be filed 
December 5, 2005.
    (2) Requests to participate in the technical conference are due 
December 5, 2005.
    (3) Comments on the proposed technical conference topics are due 
December 19, 2005.

ADDRESSES: Comments may be filed electronically via the eFiling link on 
the Commission's Web site at http://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. Please refer to 
the Comment Procedures section of the preamble for additional 
information on how to file comments.

FOR FURTHER INFORMATION CONTACT:
    David Kathan (Technical Information), Office of Markets, Tariffs 
and Rates, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, (202) 502-6404, David.Kathan@ferc.gov.
    Aileen Roder (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, (202) 502-6022, Aileen.Roder@ferc.gov.

SUPPLEMENTARY INFORMATION: 1. Take notice that a survey on the 
saturation and penetration of advanced meters is being proposed and 
that a technical conference, with comments, on issues raised by the 
Energy Policy Act of 2005 (EPAct 2005) section 1252(e)(3) \2\ will be 
held. Comments on the survey are due by December 5, 2005. The date, 
location, and agenda of the conference will be announced in a 
subsequent notice. Those wishing to participate in the technical 
conference should notify Commission staff by December 5, 2005. Finally, 
comments on the demand response issues addressed in the statute are due 
by December 19, 2005. These comments will help inform the discussion at 
the technical conference.
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    \2\ Energy Policy Act of 2005, Pub. L. 109-58, Sec.  1252(e)(3), 
119 Stat. 594, (2005) (EPAct section 1252(e)(3)).
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I. Background

    2. Section 1252(e)(3) of EPAct 2005 requires the Commission to 
draft and publish a report, by appropriate region, that assesses demand 
response resources, including those available from all consumer 
classes. Specifically, EPAct 2005 requires that the Commission identify 
and review:

    (A) Saturation and penetration rates of advanced meters and 
communications technologies, devices and systems;
    (B) Existing demand response programs and time-based rate programs;
    (C) The annual resource contribution of demand resources;
    (D) The potential for demand response as a quantifiable, reliable 
resource for regional planning purposes;
    (E) Steps taken to ensure that, in regional transmission planning 
and operations, demand resources are provided equitable treatment as a 
quantifiable, reliable resource relative to the resource obligations of 
any load-serving entity, transmission provider, or transmitting party; 
and
    (F) Regulatory barriers to improved customer participation in 
demand response, peak reduction and critical period pricing programs.
    3. A survey is proposed to obtain the needed information on meter 
saturation and penetration. With respect to the other issues the 
Commission must address in the report, input from state regulators and 
members of the industry will enhance its ability to present a 
comprehensive and well informed

[[Page 68003]]

report. To acquire this input, the public is invited to submit comments 
on the demand response issues addressed by the statute and to 
participate in a technical conference we will hold to discuss those 
issues.

A. Voluntary Survey on Saturation and Penetration of Advanced Metering 
and Demand Response

    4. A voluntary survey is proposed on the use of advanced metering 
and demand response, because adequate information on this subject is 
not collected by other sources. For instance, the information collected 
by EIA-861 (Annual Electric Power Industry Report) form administered by 
the Energy Information Administration (EIA) includes aggregate 
information on energy efficiency and load management, but does not 
include any information on advanced metering. In addition, the 
information on load management collected by EIA does not provide 
sufficient information to help identify existing demand response 
programs or time-based rate programs.
    5. The Commission will conduct the survey using the Internet. The 
proposed survey is targeted towards respondents who directly serve end-
use customers. Respondents will provide their information for the 
survey to the Commission on an Internet web-based form and submit their 
responses electronically directly to the Commission.
    6. Because there are no standard industry definitions, Commission 
staff is uncertain about the best set of questions for obtaining 
information on the saturation and penetration of advanced metering. For 
example, given the various types of meters with advanced functionality, 
it may be difficult to unambiguously define advanced metering. Instead, 
we propose a survey that asks a series of questions concerning meter 
functionality. Information on meter functionality will better assist in 
developing a definition of advanced metering that can be used to 
accurately estimate regional saturation and penetration of advanced 
metering. A national survey of advanced metering should also prove 
useful for planning and benchmarking by market participants.
    7. While the focus of the survey is on advanced metering, the 
proposed survey also contains several questions requesting information 
on existing demand response and time-based metering programs. These 
questions are designed to collect program information necessary to 
obtain information on demand response programs in response to section 
1252(e)(3)(B) of EPAct. Furthermore, in recognition that different 
individuals or departments may be responsible for completing the 
metering and demand response information, the survey will be 
implemented as two Web-based forms (one on advanced metering, and one 
on demand response programs) \3\ to ease data entry.
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    \3\ Please note that due to the limitations of the Web-based 
survey tool, the demand response survey includes multiple questions 
per customer class to accommodate respondents with more than one 
demand response program per class.
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    8. The proposed survey is attached to this Notice as an Appendix. 
The public is requested to comment on the survey questions. In 
particular, the public should comment on whether the questions will 
elicit accurate information on advanced meters and demand response 
programs, or whether the questions should be modified or supplemented 
to better obtain information. In addition, we solicit input on other 
sources of information on advanced metering and demand response 
programs. Comments on the survey are to be filed by December 5, 2005 
and should reference this proceeding.

B. Comments and Technical Conference

    9. Industry input is also needed in order to gain an objective 
appraisal of the issues identified in the EPAct 2005, particularly 
those which require the strategic assessments of businesses, such as 
the potential for use of demand response as a reliable resource for 
planning purposes, steps taken to treat demand response equitably in 
regional transmission planning, and barriers to improved customer 
participation in demand response programs. Therefore, written comments 
are requested on the six general topics listed in the EPAct 2005 in 
accordance with this Notice's Section II, below.
    10. In order to provide a forum for discussion of these issues, a 
technical conference will be held to gather additional data and receive 
further public comment on the issues we will address in the report. The 
date of the conference will be announced in a subsequent notice. Those 
wishing to participate in the conference should contact David Kathan 
(David.Kathan@ferc.gov or (202) 502-6404) by December 5, 2005 and 
should reference this proceeding.
    11. The conference will be open to the public, and pre-registration 
to attend is not required.
    12. FERC conferences are accessible under section 508 of the 
Rehabilitation Act of 1973. For accessibility accommodations please 
send an e-mail to accessibility@ferc.gov or call toll free 1-866-208-
3372 (voice) or 202-208-1659 (TTY), or send a FAX to 202-208-2106 with 
the required accommodations.

II. Comment Subject Areas

    13. Commenters may address any of the demand response and time-
based rate issues raised and/or identified in EPAct 2005 section 
1252(e)(3). Commenters are encouraged, but not required, to consider 
and address the following questions within each of the six EPAct 2005 
issues in their response. Comments on these issues are due by December 
19, 2005.

A. Advanced Metering and Communication Systems

     How should the Commission define advanced meters and 
communication systems for the purpose of reporting to Congress?
     Are advanced meters necessary to implement demand response 
and time-based rate programs? Can sufficient demand response be 
fostered from non-communicating, non-hourly meters?
     In general, what are the current saturation and 
penetration levels of advanced meters?
     Does the implementation of an advanced metering system or 
use of advanced meters reduce utility costs?
     What level of penetration is needed to achieve cost 
savings? For example, can advanced meters be used only for certain 
customer groups or would all customers need to use advanced meters to 
make their use cost effective?

B. Existing Demand Response and Time-Based Rate Programs

     Describe the type of programs being used and the benefits 
or detriments of each programmatic approach.
     How have these types of programs changed since the early 
1990s?
     Have demand response and time-based rate programs 
increased or decreased in recent years?
     Are demand response programs implemented by electric 
utilities available to all customers, or are they targeted to specific 
customer groups or geographic areas, e.g., load pockets or transmission 
constrained areas?

C. Annual Resource Contribution \4\ of Demand Response
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    \4\ For purposes of this notice and proposed survey, resource 
contribution is defined as potential peak reduction at time of 
system peak.
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     Describe in general the extent of resource contribution by 
demand response for the geographic area you serve or represent.

[[Page 68004]]

     Identify and describe the best available sources of 
information on the annual resource contribution made by demand 
response, by region.
     What problems exist in measuring resource contribution? 
Should the measurement be on the basis of enrollment or on actual 
quantities used?

D. Potential for Demand Response as a Quantifiable, Reliable Resource 
for Regional Planning Purposes

     What percentage of total resource requirements could 
demand response resources reliably provide?
     What is the current role of demand response resources in 
meeting regional resource adequacy requirements and ancillary services?
     Explain the risks of relying on demand response for 
resource adequacy. Do the risks differ depending on the type of demand 
response?
     What is the potential impact of demand response on overall 
energy usage?
     Can time-based rate programs or interruptible/curtailment 
rate programs be counted as capacity resources in regional plans?

E. Equitable Treatment of Demand Response Resources in Regional 
Transmission Planning and Operations

     What is the status of including demand response within 
regional transmission planning and operations?
     Have demand response resources been examined during the 
development of regional transmission plans, and to what extent?
     Do current North American Electric Reliability Council 
(NERC) standards and regional reliability council rules accommodate the 
use of demand response as an alternative to building more transmission 
infrastructure, building generating capacity, or generating/purchasing 
more power?
     In regional transmission operations, such as RTOs and 
ISOs, what demand response resources are currently available? Under 
what circumstances are these resources called upon and at what level 
(kWs/kWhs)?

F. Regulatory Barriers to Improved Customer Participation in Demand 
Response, Peak Reduction, and Critical Period Pricing Programs

     What wholesale and retail regulatory barriers exist to 
improving customer participation in demand response?
     What regulatory barriers exist to improving customer 
participation in innovative time-based rate programs, such as critical 
peak pricing?
     What are the drivers and disincentives to customer 
interest in participating in demand response or critical period pricing 
programs?
     Do start-up costs limit the number of participants in 
demand response programs? If so, how should this issue be addressed?
     Does jurisdictional uncertainty between state and federal 
regulation create barriers to demand response programs?
     Are there regulatory or other barriers to participation of 
third-party curtailment service providers in ISO/RTO demand response 
programs? Are current settlement and payment procedures adequate for 
participation by these third-party entities?
     Given that distribution companies may no longer own 
generation or be a supplier of last resort, has their incentive to 
provide demand response been reduced? If so, what alternative 
mechanisms or policies should be considered to provide incentives to 
these distribution companies to implement demand response?
     Do current retail rate structures, which are largely based 
on volumetric rates, create a disincentive for distribution company 
promotion and implementation of demand response? If they do, how can 
this disincentive be reduced?
     What are the drivers or disincentives to load-serving 
entities offering aggressive demand response programs?

III. Information Collection Statement

    14. OMB regulations require that OMB approve certain reporting, 
recordkeeping, and public disclosure (collections of information) 
imposed by an agency.\5\ Accordingly, pursuant to OMB regulations, 
notice is given to the public that (1) the voluntary draft survey that 
is attached as an Appendix to this Notice is proposed to be 
administered using the Internet and a web-based application to collect 
the information electronically, and (2) OMB is being asked for review 
and approval of the final survey under section 3507(d) of the Paperwork 
Reduction Act of 1995.\6\
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    \5\ 5 CFR 1320.10 (2005).
    \6\ 44 U.S.C. 3507(d) (2005).
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    15. Comments are requested on the efficacy of the draft survey in 
the Appendix to this Notice and the accuracy of the estimates made to 
measure the burden on respondents of completing the survey that are 
detailed below.
    16. This Notice has been submitted to OMB for review and clearance 
of the Notice's information collection requirements. OMB approval has 
been requested by December 19, 2005.

 
----------------------------------------------------------------------------------------------------------------
                                                      No. of          No. of         Hours per     Total annual
                 Data collection                    respondents      responses       response          hours
----------------------------------------------------------------------------------------------------------------
FERC-727, Demand Response and Time Based Rate              1,500               1               1           3,000
 Programs Survey................................
FERC-728, Advanced Metering Survey..............           1,500               1               1           3,000
                                                 -----------------
    Totals......................................           3,000               2               2           6,000
----------------------------------------------------------------------------------------------------------------

    17. Total Annual Hours for Collection: The reporting burden for 
this survey is estimated at 6,000 hours.
    18. Information Collection Costs: The surveyed organizations 
collect all the information requested in FERC-727 and FERC-728 as part 
of their customary and usual business practices. Comments are requested 
on the cost of responding to FERC-727 and FERC-728. The average 
annualized cost for all respondents is projected to be $324,000 (6,000 
hours [multi] $54 per hour).
    19. Title: FERC-727, Demand Response and Time Based Rate Programs 
Survey and FERC-728, Advanced Metering Survey.
    20. Action: Proposed Information Collection. The respondent shall 
not be penalized for failure to respond to this collection of 
information unless the collection of information displays a valid OMB 
control number.
    21. Respondents: Business or other for profit, publicly-owned 
utilities, and electric cooperatives.

[[Page 68005]]

    22. Frequency of Responses: One-time implementation.
    23. Necessity of Information: On August 8, 2005, Congress enacted 
EPAct 2005. Section 1252(e)(3) of the EPAct 2005 requires the 
Commission to draft and publish a report, by appropriate region, that 
assesses demand response resources, including those available from all 
consumer classes. Commission staff has reviewed public information to 
determine the availability of saturation and penetration data on 
advanced metering with the regional specificity required by the EPAct 
2005. The review included an assessment of the EIA-861, which collects 
aggregate information on energy efficiency and load management. The 
EIA-861 does not include any information on advanced metering. 
Moreover, there are no publicly available saturation and penetration 
data on advanced metering at the level required by the EPAct 2005. The 
Commission is dedicated to establishing clear market rules to govern 
electric markets. The information collected through this survey will 
assist the Commission in carrying out its goal of developing robust and 
efficient energy markets.
    24. Internal Review: Internal review at the Commission shows that 
there is specific, objective support for the burden estimates 
associated with the information requirements. The Commission will 
review the data resulting from the survey to ensure that the survey 
results meet the congressional requirements of the annual report on 
demand response in EPAct 2005. This conforms to the Commission's plan 
for efficient information collection, communication, and management 
within the electric industry.
    25. Interested persons may obtain information on the reporting 
requirements of the survey by contacting the following: Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426 
(Attention: Michael Miller, Office of the Executive Director, 202-502-
8415, fax: 202-273-0873, e-mail: Michael.miller@ferc.gov. To submit 
comments concerning the collection of information and the associated 
burden estimates including suggestions for reducing this burden, please 
send your comments to the contact listed above and to the Office of 
Management and Budget, Room 10202 NEOB, 725 17th Street, NW., 
Washington, DC 20503 (Attention: Desk Officer for the Federal Energy 
Regulatory Commission), fax: 202-395-7285, e-mail: oira_
submission@omb.eop.gov).
    26. The ``public protection'' provision of the Paperwork Reduction 
Act \7\ requires each agency to display a currently valid OMB control 
number and inform respondents that a response is not required unless 
the information collection displays a valid OMB control number on each 
information collection. This provision has two legal effects: (1) It 
creates a legal responsibility for the agency; and (2) it provides an 
affirmative legal defense for respondents if the information collection 
is imposed on respondents by the Commission through regulation or 
administrative means in order to satisfy a legal authority or 
responsibility of the Commission. If the Commission should fail to 
display an OMB control number, then it is the Commission not the 
respondent who is in violation of the law. ``Display'' is defined as 
publishing the OMB control number in regulations, guidelines or other 
issuances in the Federal Register (for example, in the preamble or 
regulatory text for the final rule containing the information 
collection).\8\ Therefore, the Commission may not conduct or sponsor, 
and a person is not required to respond to a collection of information 
unless the information collection displays a valid OMB control number.
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    \7\ 44 U.S.C. 3512(2000); 5 CFR 1320.5(b)(2005); 5 CFR 
1320.6(a)(2005).
    \8\ See 1 CFR 21.35(2005); 5 CFR 1320.3(f)(3)(2005).
---------------------------------------------------------------------------

IV. Comment Procedures

    27. Interested persons are invited to submit comments on the 
matters, issues and specific questions in this Notice. Comments should 
refer to Docket No. AD06-2-000, and include the commenter's name, the 
organization they represent, if applicable, and their address. Comments 
may be filed either in electronic or paper format.
    28. To facilitate review of the comments, we request commenters to 
provide an executive summary of their comments. Commenters also are 
requested to identify each specific question posed in this notice that 
their discussion addresses and to use appropriate headings. Commenters 
should identify additional issues they wish to raise separately.
    29. Comments regarding the proposed survey are due December 5, 
2005.
    30. Comments on the proposed technical conference topics are due 
December 19, 2005.
    31. Those considering participating in the technical conference 
should contact David Kathan within December 5, 2005.
    32. All comments related to this proceeding may be filed 
electronically via the eFiling link on the Commission's Web site at 
http://www.ferc.gov. The Commission accepts most standard word 
processing formats and commenters may attach additional files with 
supporting information in 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: Federal Energy Regulatory Commission, 
Office of the Secretary, 888 First Street NE., Washington, DC 20426.
    33. 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 on this proposal are 
not required to serve copies of their comments on other commenters.

V. Document Availability

    34. 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 p.m. eastern time) at 888 First Street, NE., Room 2A, 
Washington DC 20426.
    35. From the Commission's Home Page on the Internet, this 
information is available in the Commission's document management 
system, 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.
    36. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours. For assistance, please contact 
the Commission's Online Support at 1-866-208-3676 (toll free) or 202-
502-6652 (e-mail at FERCOnlineSupport@ferc.gov), or the Public 
Reference Room at (202) 502-8371, TTY (202) 502-8659. E-Mail the Public 
Reference Room at public.referenceroom@ferc.gov.

Magalie R. Salas,
Secretary.
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[FR Doc. 05-22295 Filed 11-8-05; 8:45 am]
BILLING CODE 6717-01-C