Commission Information Collection Activities (FERC-729); Comment Request; Submitted for OMB Review, 5063-5066 [2010-1979]

Download as PDF 5063 Federal Register / Vol. 75, No. 20 / Monday, February 1, 2010 / Notices The total annual cost to respondents 1 2 3 is estimated as follows. Total annual burden hours Estimated hourly cost 3 ($) Estimated total annual cost to respondents ($) 1 (1) FERC Data Collection (2) (2) × (1) form) 2 FERC–6 (Complete .......................................................................................................... FERC–6 (Pages 1, 301, and 700 only) 2 ..................................................................................... FERC–6 (Pages 1 and 700 only) 2 .............................................................................................. FERC–6Q .................................................................................................................................... information to be collected; and (4) ways to minimize the burden of the collections of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. jlentini on DSKJ8SOYB1PROD with NOTICES The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including: (1) Reviewing instructions; (2) developing, acquiring, installing, and utilizing technology and systems for the purposes of collecting, validating, verifying, processing, maintaining, disclosing and providing information; (3) adjusting the existing ways to comply with any previously applicable instructions and requirements; (4) training personnel to respond to a collection of information; (5) searching data sources; (6) completing and reviewing the collection of information; and (7) transmitting, or otherwise disclosing the information. The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities which benefit the whole organization rather than any one particular function or activity. Comments are invited on: (1) Whether the proposed collections of information are necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency’s estimates of the burden of the proposed collections of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the SUMMARY: In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission or FERC) has submitted the information collection described below to the Office of Management and Budget (OMB) for review of the information collection requirements. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received twenty comments in response 1 These figures may not be exact, due to rounding and/or truncating. 2 Order 620 in Docket No. RM99–10 (issued 12/ 13/2000, available at https://elibrary.ferc.gov/idmws/ common/opennat.asp?fileID=8370177) established filing thresholds. The filing thresholds for filing all or part of the FERC–6 are based on the filer’s annual jurisdictional operating revenues, for each of the three previous calendar years: • File complete Form 6: Revenues $500,000 or more. • File only Pages 1, 301, and 700: Revenues more than $350,000 but less than $500,000. • File only Pages 1 and 700: Revenues of $350,000 or less. See the instructions at https://www.ferc.gov/docsfiling/forms/form-6/form-6.pdf for more information. VerDate Nov<24>2008 18:35 Jan 29, 2010 Jkt 220001 Kimberly D. Bose, Secretary. [FR Doc. 2010–1977 Filed 1–29–10; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC10–729–001] Commission Information Collection Activities (FERC–729); Comment Request; Submitted for OMB Review January 22, 2010. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 26,412 15 230 63,900 $66.29 66.29 66.29 66.29 $1,750,851 994 15,247 4,235,931 to the Federal Register notice (74 FR 52796, 10/14/2009). FERC has summarized and addressed the commenters’ suggestions below and in its submission to OMB. DATES: Comments on the collection of information are due by March 3, 2010. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o oira_submission@omb.eop.gov and include OMB Control Number 1902– 0238 as a point of reference. The Desk Officer may be reached by telephone at 202–395–4638. A copy of the comments should also be sent to the Federal Energy Regulatory Commission and should refer to Docket No. IC10–729– 001. Comments may be filed either electronically or in paper format. Those persons filing electronically do not need to make a paper filing. Documents filed electronically via the Internet must be prepared in an acceptable filing format and in compliance with the Federal Energy Regulatory Commission submission guidelines. Complete filing instructions (including the required number of copies and acceptable filing formats) are available at https:// www.ferc.gov/help/submission-guide/ electronic-media.asp. To file the document electronically, access the Commission’s Web site and click on Documents & Filing, E-Filing (https:// www.ferc.gov/docs-filing/efiling.asp), and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic The estimated annual totals for all filers completing all or part of the FERC–6 are: 166 filers and 26,657 hours, for a cost of $1,767,092. 3 Using 2,080 hours/year, the estimated cost for 1 full-time employee is $137,874/year. The estimated hourly cost is $66.29 (or $137,874/2,080). E:\FR\FM\01FEN1.SGM 01FEN1 5064 Federal Register / Vol. 75, No. 20 / Monday, February 1, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES acknowledgement to the sender’s e-mail address upon receipt of comments. All comments may be viewed, printed or downloaded remotely via the Internet through FERC’s homepage using the ‘‘eLibrary’’ link. For user assistance, contact ferconlinesupport@ferc.gov or toll-free at (866) 208–3676 or for TTY, contact (202) 502–8659. FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by telephone at (202) 502–8663, by fax at (202) 273–0873, and by e-mail at ellen.brown@ferc.gov. SUPPLEMENTARY INFORMATION: FERC–729 (‘‘Electric Transmission Facilities,’’ OMB Control No. 1902–0238) covers the reporting requirements 1 of 18 CFR part 50, and, as relates to transmission facilities, 18 CFR 380.3(c)(3), 380.5(b) (14), 380.6(a)(5), 380.15(d), and 380.16. The purpose of these regulations is to implement the Commission’s mandates under Energy Policy Act of 2005 (EPAct 2005) section 1221 which authorizes the Commission to issue permits under Federal Power Act (FPA) section 216(b) for electric transmission facilities and the Commission’s delegated responsibility to coordinate all other federal authorizations under FPA section 216(h). The related FERC regulations seek to develop a timely review process for siting of proposed electric transmission facilities. The regulations provide for, among other things, an extensive pre-application process that will facilitate maximum participation from all interested entities and individuals to provide them with a reasonable opportunity to present their views and recommendations, with respect to the need for and impact of the facilities, early in the planning stages of the proposed facilities as required under FPA section 216(d). Additionally, under FPA section 216(b)(1)(C), FERC has the authority to issue a permit to construct electric transmission facilities if a state has withheld approval for more than a year or has conditioned its approval in such a manner that it will not significantly reduce transmission congestion or is not economically feasible. FERC envisions that, under certain circumstances, the Commission’s review of the proposed 1 These requirements were promulgated by Order 689, issued November 16, 2006, in Docket No. RM06–12, in accordance with section 1221 of the Energy Policy Act of 2005: (a) to establish filing requirements and procedures for entities seeking to construct or to modify electric transmission facilities, and (b) to coordinate the processing of Federal authorizations and the environmental review of electric transmission facilities in designated national interest electric transmission corridors. (Order 689 is available in FERC’s eLibrary at https://elibrary.ferc.gov/idmws/search/ intermediate.asp?link_file=yes&doclist=4455911.) VerDate Nov<24>2008 18:35 Jan 29, 2010 Jkt 220001 facilities may take place after one year of the state’s review. Accordingly, under section 50.6(e)(3) the Commission will not accept applications until one year after the state’s review and then from applicants who can demonstrate that a state may withhold or condition approval of proposed facilities to such an extent that the facilities will not be constructed.2 In cases where FERC’s jurisdiction rests on FPA section 216(b)(1)(C),3 the pre-filing process should not commence until one year after the relevant State applications have been filed. This will give the States one full year to process an application without any intervening Federal proceedings, including both the prefiling and application processes. Once that year is complete, an applicant may seek to commence FERC’s pre-filing process. Thereafter, once the pre-filing process is complete, the applicant may submit its application for a construction permit. The environmental report includes information on areas such as: aquatic life, wildlife, and vegetation and the expected impacts on them; cultural resources; socioeconomics; geological resources; soils, land use, recreation, and aesthetics; alternatives; buildings; and reliability and safety. Public Comments and FERC Responses. A summary of the public comments filed on the FERC–729 reporting requirements, FERC’s response, and proposed changes to the requirements follow. a. Comment: We received several public comments on the Commission’s transmission siting policy and process, including FERC’s jurisdiction, stakeholder participation, environmental impacts, health and safety issues, and alternatives. We also received comments in regard to the Potomac-Appalachian Transmission Highline (PATH) Project, transmission planning, cost allocation, cyber security, physical and national security, and public access to documents. FERC Response: The purpose of Docket No. IC10–729 is to seek comment on the generic information collection requirements imposed on applicants for Electric Transmission Facilities. (The request for comments is described more fully in the last 2 However, the Commission will not issue a permit authorizing construction of the proposed facilities until, among other things, it finds that the state has, in fact, withheld approval for more than a year or had so conditioned its approval. 3 In all other instances (i.e., where the state does not have jurisdiction to act or otherwise to consider interstate benefits, or the applicant does not qualify to apply for a permit with the State because it does not serve end use customers in the State), the prefiling process may be commenced at any time. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 paragraph in both the 60-day Notice (at https://elibrary.ferc.gov/idmws/common/ opennat.asp?fileID=12167427) and this Notice.) Docket No. IC10–729 does not address case-specific transmission applications; rather it addresses the information requirements the agency imposes on applicants in general. FERC’s transmission siting process is detailed in Parts 50 and 380 of the Commission’s regulations, and further information is on our Web site at https:// www.ferc.gov/for-citizens/citizenguides/electric/guide-transmission.pdf. In addition, currently, there are no requests for the Commission to site transmission facilities in Maryland or in any other state, including the PATH Project. (Specific PATH Project information, including the status of applications in Maryland, Virginia, and West Virginia, can be found on the Project’s Internet Web site at https:// www.pathtransmission.com.) Docket No. IC10–729 is not an appropriate venue to address those comments, but the appropriate FERC offices have been made aware of those comments. b. Comment: Applicants should detail efforts undertaken to contact public and private organizations that actively engage in the protection of historic, cultural, natural, and scenic resources. Responses to these contacts should be included in the pre-filing process. FERC response: Section 50.5(c)(3)–(5) of the Commission’s regulations requires the applicant to provide a list of the permitting entities responsible for conducting separate federal permitting and environmental reviews and authorizations, including how the applicant intends to account for each of the relevant entity’s permitting and environmental review schedules and when the applicant proposes to file with these entities. The applicant must also provide a list of all other stakeholders that have been contacted, or have contacted the applicant, about the project and a description of what other work has already been completed, including contacting stakeholders and agency and Indian tribe consultations. FERC also requires communication between applicants and stakeholders to be documented throughout the prefiling process. Section 50.5(e)(8) requires the applicant to file monthly status reports during the pre-filing process detailing project activities, including stakeholder communications. c. Comment: Applicants should include an explanation of which mitigation measure was chosen and why others were rejected. FERC response: FERC staff reviews the applicant’s proposed mitigation E:\FR\FM\01FEN1.SGM 01FEN1 jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 75, No. 20 / Monday, February 1, 2010 / Notices 5065 measures to ensure that they are appropriate and adequate for the corresponding environmental impact. The applicant is required to develop and propose mitigation measures in the resource reports tailored to a specific environmental impact. To the extent that FERC staff determines that a rejected mitigation measure warrants further evaluation, the applicant may be required to provide additional information to support its decision. If necessary, FERC staff can also require additional mitigation to address an impact. The applicant must follow all staff-recommended mitigation measures, included as specific conditions in the Commission’s authorization. d. Comment: Commenters suggest that the applicant should address the range of potential environmental impacts (e.g., air pollution) associated with changes in electric generation levels and sources. FERC response: Section 380.16(b) of the Commission’s regulations requires each of the applicant’s resource reports to address conditions or resources that are likely to be directly or indirectly affected by the project, and identify cumulative effects resulting from existing or reasonably foreseeable projects. This would include environmental impacts associated with changes in electric generation levels and sources. e. Comment: More information is needed from electric utilities. Information collected during meetings with utilities should be shared with public stakeholders. Without full disclosure to the public, the permit process is not effective, efficient, or timely. FERC response: As indicated in the Commission’s Notice, applicants are required to provide information on certain resource areas (including aquatic life; wildlife; vegetation; cultural resources, socioeconomics, geological resources, soils; land use; recreation; aesthetics; alternatives; buildings; and reliability and safety). This information is posted on FERC’s eLibrary system (at https://www.ferc.gov) and is available for public review. FERC staff conducts reviews of an applicant’s submission to determine compliance with the Commission’s regulations. If the information is deemed deficient, Commission staff can seek additional information from an applicant. All information requests, subsequent responses, as well as discussions with the applicant, Federal, State, and local agencies and Indian tribes on matters related to the merits of an application are documented and placed on FERC’s eLibrary for public access and review. f. Comment: What is FERC’s estimate for the average cost and time required for FERC staff and expert consultants to evaluate the information collected for a single utility application? What is FERC’s estimate for the average cost and time for a public stakeholder using industry experts to evaluate the information in a utility’s application? FERC response: The Commission’s estimates for the burden and cost imposed on industry address the annual averages for all of the applications FERC expects to receive. The figures are estimated annual averages for industry and include the cost and burden for staff and expert consultants, as well as other needed resources (such as information technology; administrative, legal, and management resources). The estimated average annual industry burden appears below, in the section titled ‘‘Burden Statement.’’ Additional details on the industry burden and cost are included in the supporting statement, that FERC is submitting to OMB, in Questions 12 and 13. After publication of this Notice in the Federal Register, the supporting statement will be submitted to OMB.4 FERC’s estimates for the government’s average annual cost for FERC–729 include the staff and other resources (such as consultants, administrative, legal, management, and information technology resources) for the review and processing of the filings, and the OMB clearance for the filing requirements. Additional details on the government cost are included in the supporting statement that FERC is submitting to OMB in Question 14.4 Under the Paperwork Reduction Act (PRA) and the related guidance from the Office of Management and Budget (OMB), ‘‘ ‘burden’ means time, effort, or financial resources expended by persons to generate, maintain, or provide information to or for a Federal agency’’ [44 U.S.C. 3502(2)]. The burden and cost estimates include the time and effort required to plan, develop, prepare, and fulfill an information collection, and to respond to the agency’s requirement. The PRA does not require burden estimates for the cost and time for a public stakeholder to evaluate a particular utility’s application to the agency. g. Comment: FERC must require utilities to provide reasonable alternatives instead of allowing utilities to submit a single monolithic proposal. FERC response: FERC requires utilities to provide and analyze reasonable alternatives at multiple points in the pre-filing process. Section 50.5(e)(5) of the Commission’s regulations requires the applicant to file a summary of the project alternatives considered or under consideration within 30 days of initiating the prefiling process. Section 380.16(k) requires the applicant to submit an entire resource report dedicated to alternatives and the associated environmental impacts. This resource report would describe a variety of alternatives, including, where appropriate, alternatives other than new transmission lines. h. Comment: Utilities currently lack commitment to work with public stakeholders, do not maintain open communication with public stakeholders or respond to public stakeholder questions, do not plan for public stakeholder input, do not adequately explain mitigation, benefits, and alternatives. The proper preparation and stakeholder involvement in the prefiling process can make the entire process easier, quicker, and ultimately less expensive. FERC response: The Commission’s regulations require an applicant to develop and implement a Project Participation Plan to ensure stakeholders have access to accurate and timely information on the proposed project and to provide a forum for resolving issues. This plan identifies specific tools and actions to facilitate stakeholder communications, including a single point of contact within the company and a description and schedule explaining how the applicant intends to respond to requests for information from the public as well as federal, state, and tribal permitting agencies. Public stakeholders also have the opportunity to interact directly with an applicant at open houses. Action: The Commission is requesting a three-year extension of the current expiration date for the FERC–729, with no changes. Burden Statement: Public reporting burden for this collection is estimated as follows. 4 The supporting statement will then be available at https://www.reginfo.gov/public/do/PRAMain by selecting ‘‘Federal Energy Regulatory Commission’’ from the drop-down picklist under ‘‘Currently under Review.’’ Then go to the entry for FERC–729 (OMB Control No. 1902–0238) and click on the link to the ‘‘ICR Reference Number’’. Then click on the link labeled ‘‘View Supporting Statement and Other Documents,’’ and the link under ‘‘Supporting Statement A’’. VerDate Nov<24>2008 18:35 Jan 29, 2010 Jkt 220001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 5066 Federal Register / Vol. 75, No. 20 / Monday, February 1, 2010 / Notices Number of respondents annually Number of responses per respondent Average burden hours per response Total annual burden hours (1) FERC data collection (2) (3) (1) × (2) × (3) 10 1 9,600 96,000 FERC–729 ....................................................................................................... Note: These figures may not be exact, due to rounding. jlentini on DSKJ8SOYB1PROD with NOTICES The total estimated annual cost burden 5 to respondents is $7,680,000 (96,000 hours × $80 per hour 5). The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including: (1) Reviewing instructions; (2) developing, acquiring, installing, and utilizing technology and systems for the purposes of collecting, validating, verifying, processing, maintaining, disclosing and providing information; (3) adjusting the existing ways to comply with any previously applicable instructions and requirements; (4) training personnel to respond to a collection of information; (5) searching data sources; (6) completing and reviewing the collection of information; and (7) transmitting, or otherwise disclosing the information. The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities which benefit the whole organization rather than any one particular function or activity. Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the 5 Based on the Bureau of Labor Statistics ‘‘Occupational Outlook Handbook (OOH), 2008–09 Edition,’’ Occupational Employment Statistics (Occupational Employment and Wages, for May 2008, for Lawyers (23–1011), posted at https:// www.bls.gov/oes/current/oes231011.htm), FERC is using $80 per hour. Other professions (such as engineers and administrators) are involved in preparing the filing. We are using $80 per hour as a high-end figure to include all of the professions involved with preparation of the filing. VerDate Nov<24>2008 18:35 Jan 29, 2010 Jkt 220001 burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. Kimberly D. Bose, Secretary. [FR Doc. 2010–1979 Filed 1–29–10; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. IC10–60–001, IC10–61–001, and IC10–555A–001] Commission Information Collection Activities (FERC Form 60,1 FERC–61, and FERC–555A); Comment Request; Submitted for OMB Review January 25, 2010. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission or FERC) has submitted the information collections described below to the Office of Management and Budget (OMB) for review of the information collection requirements. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission issued a Notice in the Federal Register (74 FR 53225, 10/16/2009) requesting public comments. FERC received no comments and has made this notation in its submission to OMB. 1 The rulemaking in Docket No. RM09–21–000 (‘‘Revised Filing Requirements for Centralized Service Companies under the Public Utility Holding Company Act of 2005, the Federal Power Act, and the Natural Gas Act’’) addresses clarifications to the FERC Form 60. The Final Rule (Order 731, issued 12/17/2009; 74 FR 68526, 12/28/2009) was submitted to OMB on 12/28/2009. The rulemaking in Docket No. RM09–21 is not a subject of this Notice in Docket No. IC10–60 et al. PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 DATES: Comments on the collections of information are due by March 3, 2010. ADDRESSES: Address comments on the collections of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o oira__submission@omb.eop.gov and include OMB Control Number 1902– 0215 (for FERC Form 60, FERC–61, and FERC–555A) as a point of reference. For comments that pertain to only one or two of the collections, specify the appropriate collection. The Desk Officer may be reached by telephone at 202– 395–4638. A copy of the comments should also be sent to the Federal Energy Regulatory Commission and should refer to Docket Nos. IC10–60–001, IC10–61–001, and IC10–555A–001. (If comments apply to only one or two of the collections, indicate the corresponding dockets and collection numbers.) Comments may be filed either electronically or in paper format. Those persons filing electronically do not need to make a paper filing. Documents filed electronically via the Internet must be prepared in an acceptable filing format and in compliance with the Federal Energy Regulatory Commission submission guidelines. Complete filing instructions and acceptable filing formats are available at https:// www.ferc.gov/help/submission-guide/ electronic-media.asp. To file the document electronically, access the Commission’s Web site and click on Documents & Filing, E–Filing (https:// www.ferc.gov/docs-filing/efiling.asp), and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender’s e-mail address upon receipt of comments. For paper filings, the comments should be submitted to the Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street, NE., Washington, DC 20426, and should refer to Docket Nos. IC10–60– 001, IC10–61–001, and IC10–555A–001 (or the appropriate docket numbers, if the comments pertain only to one or two of the collections). E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 75, Number 20 (Monday, February 1, 2010)]
[Notices]
[Pages 5063-5066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1979]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC10-729-001]


Commission Information Collection Activities (FERC-729); Comment 
Request; Submitted for OMB Review

January 22, 2010.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3507 of the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy 
Regulatory Commission (Commission or FERC) has submitted the 
information collection described below to the Office of Management and 
Budget (OMB) for review of the information collection requirements. Any 
interested person may file comments directly with OMB and should 
address a copy of those comments to the Commission as explained below. 
The Commission received twenty comments in response to the Federal 
Register notice (74 FR 52796, 10/14/2009). FERC has summarized and 
addressed the commenters' suggestions below and in its submission to 
OMB.

DATES: Comments on the collection of information are due by March 3, 
2010.

ADDRESSES: Address comments on the collection of information to the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. 
Comments to OMB should be filed electronically, c/o oira_submission@omb.eop.gov and include OMB Control Number 1902-0238 as a 
point of reference. The Desk Officer may be reached by telephone at 
202-395-4638. A copy of the comments should also be sent to the Federal 
Energy Regulatory Commission and should refer to Docket No. IC10-729-
001. Comments may be filed either electronically or in paper format. 
Those persons filing electronically do not need to make a paper filing. 
Documents filed electronically via the Internet must be prepared in an 
acceptable filing format and in compliance with the Federal Energy 
Regulatory Commission submission guidelines. Complete filing 
instructions (including the required number of copies and acceptable 
filing formats) are available at https://www.ferc.gov/help/submission-guide/electronic-media.asp. To file the document electronically, access 
the Commission's Web site and click on Documents & Filing, E-Filing 
(https://www.ferc.gov/docs-filing/efiling.asp), and then follow the 
instructions for each screen. First time users will have to establish a 
user name and password. The Commission will send an automatic

[[Page 5064]]

acknowledgement to the sender's e-mail address upon receipt of 
comments.
    All comments may be viewed, printed or downloaded remotely via the 
Internet through FERC's homepage using the ``eLibrary'' link. For user 
assistance, contact ferconlinesupport@ferc.gov or toll-free at (866) 
208-3676 or for TTY, contact (202) 502-8659.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by 
telephone at (202) 502-8663, by fax at (202) 273-0873, and by e-mail at 
ellen.brown@ferc.gov.

SUPPLEMENTARY INFORMATION: FERC-729 (``Electric Transmission 
Facilities,'' OMB Control No. 1902-0238) covers the reporting 
requirements \1\ of 18 CFR part 50, and, as relates to transmission 
facilities, 18 CFR 380.3(c)(3), 380.5(b) (14), 380.6(a)(5), 380.15(d), 
and 380.16.
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    \1\ These requirements were promulgated by Order 689, issued 
November 16, 2006, in Docket No. RM06-12, in accordance with section 
1221 of the Energy Policy Act of 2005: (a) to establish filing 
requirements and procedures for entities seeking to construct or to 
modify electric transmission facilities, and (b) to coordinate the 
processing of Federal authorizations and the environmental review of 
electric transmission facilities in designated national interest 
electric transmission corridors. (Order 689 is available in FERC's 
eLibrary at https://elibrary.ferc.gov/idmws/search/intermediate.asp?link_file=yes&doclist=4455911.)
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    The purpose of these regulations is to implement the Commission's 
mandates under Energy Policy Act of 2005 (EPAct 2005) section 1221 
which authorizes the Commission to issue permits under Federal Power 
Act (FPA) section 216(b) for electric transmission facilities and the 
Commission's delegated responsibility to coordinate all other federal 
authorizations under FPA section 216(h). The related FERC regulations 
seek to develop a timely review process for siting of proposed electric 
transmission facilities. The regulations provide for, among other 
things, an extensive pre-application process that will facilitate 
maximum participation from all interested entities and individuals to 
provide them with a reasonable opportunity to present their views and 
recommendations, with respect to the need for and impact of the 
facilities, early in the planning stages of the proposed facilities as 
required under FPA section 216(d).
    Additionally, under FPA section 216(b)(1)(C), FERC has the 
authority to issue a permit to construct electric transmission 
facilities if a state has withheld approval for more than a year or has 
conditioned its approval in such a manner that it will not 
significantly reduce transmission congestion or is not economically 
feasible. FERC envisions that, under certain circumstances, the 
Commission's review of the proposed facilities may take place after one 
year of the state's review. Accordingly, under section 50.6(e)(3) the 
Commission will not accept applications until one year after the 
state's review and then from applicants who can demonstrate that a 
state may withhold or condition approval of proposed facilities to such 
an extent that the facilities will not be constructed.\2\ In cases 
where FERC's jurisdiction rests on FPA section 216(b)(1)(C),\3\ the 
pre-filing process should not commence until one year after the 
relevant State applications have been filed. This will give the States 
one full year to process an application without any intervening Federal 
proceedings, including both the pre-filing and application processes. 
Once that year is complete, an applicant may seek to commence FERC's 
pre-filing process. Thereafter, once the pre-filing process is 
complete, the applicant may submit its application for a construction 
permit.
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    \2\ However, the Commission will not issue a permit authorizing 
construction of the proposed facilities until, among other things, 
it finds that the state has, in fact, withheld approval for more 
than a year or had so conditioned its approval.
    \3\ In all other instances (i.e., where the state does not have 
jurisdiction to act or otherwise to consider interstate benefits, or 
the applicant does not qualify to apply for a permit with the State 
because it does not serve end use customers in the State), the pre-
filing process may be commenced at any time.
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    The environmental report includes information on areas such as: 
aquatic life, wildlife, and vegetation and the expected impacts on 
them; cultural resources; socioeconomics; geological resources; soils, 
land use, recreation, and aesthetics; alternatives; buildings; and 
reliability and safety.
    Public Comments and FERC Responses. A summary of the public 
comments filed on the FERC-729 reporting requirements, FERC's response, 
and proposed changes to the requirements follow.
    a. Comment: We received several public comments on the Commission's 
transmission siting policy and process, including FERC's jurisdiction, 
stakeholder participation, environmental impacts, health and safety 
issues, and alternatives. We also received comments in regard to the 
Potomac-Appalachian Transmission Highline (PATH) Project, transmission 
planning, cost allocation, cyber security, physical and national 
security, and public access to documents.
    FERC Response: The purpose of Docket No. IC10-729 is to seek 
comment on the generic information collection requirements imposed on 
applicants for Electric Transmission Facilities. (The request for 
comments is described more fully in the last paragraph in both the 60-
day Notice (at https://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=12167427) and this Notice.) Docket No. IC10-729 does 
not address case-specific transmission applications; rather it 
addresses the information requirements the agency imposes on applicants 
in general. FERC's transmission siting process is detailed in Parts 50 
and 380 of the Commission's regulations, and further information is on 
our Web site at https://www.ferc.gov/for-citizens/citizen-guides/electric/guide-transmission.pdf. In addition, currently, there are no 
requests for the Commission to site transmission facilities in Maryland 
or in any other state, including the PATH Project. (Specific PATH 
Project information, including the status of applications in Maryland, 
Virginia, and West Virginia, can be found on the Project's Internet Web 
site at https://www.pathtransmission.com.)
    Docket No. IC10-729 is not an appropriate venue to address those 
comments, but the appropriate FERC offices have been made aware of 
those comments.
    b. Comment: Applicants should detail efforts undertaken to contact 
public and private organizations that actively engage in the protection 
of historic, cultural, natural, and scenic resources. Responses to 
these contacts should be included in the pre-filing process.
    FERC response: Section 50.5(c)(3)-(5) of the Commission's 
regulations requires the applicant to provide a list of the permitting 
entities responsible for conducting separate federal permitting and 
environmental reviews and authorizations, including how the applicant 
intends to account for each of the relevant entity's permitting and 
environmental review schedules and when the applicant proposes to file 
with these entities. The applicant must also provide a list of all 
other stakeholders that have been contacted, or have contacted the 
applicant, about the project and a description of what other work has 
already been completed, including contacting stakeholders and agency 
and Indian tribe consultations. FERC also requires communication 
between applicants and stakeholders to be documented throughout the 
pre-filing process. Section 50.5(e)(8) requires the applicant to file 
monthly status reports during the pre-filing process detailing project 
activities, including stakeholder communications.
    c. Comment: Applicants should include an explanation of which 
mitigation measure was chosen and why others were rejected.
    FERC response: FERC staff reviews the applicant's proposed 
mitigation

[[Page 5065]]

measures to ensure that they are appropriate and adequate for the 
corresponding environmental impact. The applicant is required to 
develop and propose mitigation measures in the resource reports 
tailored to a specific environmental impact. To the extent that FERC 
staff determines that a rejected mitigation measure warrants further 
evaluation, the applicant may be required to provide additional 
information to support its decision. If necessary, FERC staff can also 
require additional mitigation to address an impact. The applicant must 
follow all staff-recommended mitigation measures, included as specific 
conditions in the Commission's authorization.
    d. Comment: Commenters suggest that the applicant should address 
the range of potential environmental impacts (e.g., air pollution) 
associated with changes in electric generation levels and sources.
    FERC response: Section 380.16(b) of the Commission's regulations 
requires each of the applicant's resource reports to address conditions 
or resources that are likely to be directly or indirectly affected by 
the project, and identify cumulative effects resulting from existing or 
reasonably foreseeable projects. This would include environmental 
impacts associated with changes in electric generation levels and 
sources.
    e. Comment: More information is needed from electric utilities. 
Information collected during meetings with utilities should be shared 
with public stakeholders. Without full disclosure to the public, the 
permit process is not effective, efficient, or timely.
    FERC response: As indicated in the Commission's Notice, applicants 
are required to provide information on certain resource areas 
(including aquatic life; wildlife; vegetation; cultural resources, 
socioeconomics, geological resources, soils; land use; recreation; 
aesthetics; alternatives; buildings; and reliability and safety). This 
information is posted on FERC's eLibrary system (at https://www.ferc.gov) and is available for public review. FERC staff conducts 
reviews of an applicant's submission to determine compliance with the 
Commission's regulations. If the information is deemed deficient, 
Commission staff can seek additional information from an applicant. All 
information requests, subsequent responses, as well as discussions with 
the applicant, Federal, State, and local agencies and Indian tribes on 
matters related to the merits of an application are documented and 
placed on FERC's eLibrary for public access and review.
    f. Comment: What is FERC's estimate for the average cost and time 
required for FERC staff and expert consultants to evaluate the 
information collected for a single utility application? What is FERC's 
estimate for the average cost and time for a public stakeholder using 
industry experts to evaluate the information in a utility's 
application?
    FERC response: The Commission's estimates for the burden and cost 
imposed on industry address the annual averages for all of the 
applications FERC expects to receive. The figures are estimated annual 
averages for industry and include the cost and burden for staff and 
expert consultants, as well as other needed resources (such as 
information technology; administrative, legal, and management 
resources). The estimated average annual industry burden appears below, 
in the section titled ``Burden Statement.'' Additional details on the 
industry burden and cost are included in the supporting statement, that 
FERC is submitting to OMB, in Questions 12 and 13. After publication of 
this Notice in the Federal Register, the supporting statement will be 
submitted to OMB.\4\ FERC's estimates for the government's average 
annual cost for FERC-729 include the staff and other resources (such as 
consultants, administrative, legal, management, and information 
technology resources) for the review and processing of the filings, and 
the OMB clearance for the filing requirements. Additional details on 
the government cost are included in the supporting statement that FERC 
is submitting to OMB in Question 14.\4\
---------------------------------------------------------------------------

    \4\ The supporting statement will then be available at https://www.reginfo.gov/public/do/PRAMain by selecting ``Federal Energy 
Regulatory Commission'' from the drop-down picklist under 
``Currently under Review.'' Then go to the entry for FERC-729 (OMB 
Control No. 1902-0238) and click on the link to the ``ICR Reference 
Number''. Then click on the link labeled ``View Supporting Statement 
and Other Documents,'' and the link under ``Supporting Statement 
A''.
---------------------------------------------------------------------------

    Under the Paperwork Reduction Act (PRA) and the related guidance 
from the Office of Management and Budget (OMB), `` `burden' means time, 
effort, or financial resources expended by persons to generate, 
maintain, or provide information to or for a Federal agency'' [44 
U.S.C. 3502(2)]. The burden and cost estimates include the time and 
effort required to plan, develop, prepare, and fulfill an information 
collection, and to respond to the agency's requirement. The PRA does 
not require burden estimates for the cost and time for a public 
stakeholder to evaluate a particular utility's application to the 
agency.
    g. Comment: FERC must require utilities to provide reasonable 
alternatives instead of allowing utilities to submit a single 
monolithic proposal.
    FERC response: FERC requires utilities to provide and analyze 
reasonable alternatives at multiple points in the pre-filing process. 
Section 50.5(e)(5) of the Commission's regulations requires the 
applicant to file a summary of the project alternatives considered or 
under consideration within 30 days of initiating the pre-filing 
process. Section 380.16(k) requires the applicant to submit an entire 
resource report dedicated to alternatives and the associated 
environmental impacts. This resource report would describe a variety of 
alternatives, including, where appropriate, alternatives other than new 
transmission lines.
    h. Comment: Utilities currently lack commitment to work with public 
stakeholders, do not maintain open communication with public 
stakeholders or respond to public stakeholder questions, do not plan 
for public stakeholder input, do not adequately explain mitigation, 
benefits, and alternatives. The proper preparation and stakeholder 
involvement in the pre-filing process can make the entire process 
easier, quicker, and ultimately less expensive.
    FERC response: The Commission's regulations require an applicant to 
develop and implement a Project Participation Plan to ensure 
stakeholders have access to accurate and timely information on the 
proposed project and to provide a forum for resolving issues. This plan 
identifies specific tools and actions to facilitate stakeholder 
communications, including a single point of contact within the company 
and a description and schedule explaining how the applicant intends to 
respond to requests for information from the public as well as federal, 
state, and tribal permitting agencies. Public stakeholders also have 
the opportunity to interact directly with an applicant at open houses.
    Action: The Commission is requesting a three-year extension of the 
current expiration date for the FERC-729, with no changes.
    Burden Statement: Public reporting burden for this collection is 
estimated as follows.

[[Page 5066]]



----------------------------------------------------------------------------------------------------------------
                                                 Number of        Number of      Average burden
            FERC data collection                respondents     responses per      hours per       Total annual
                                                  annually        respondent        response       burden hours
                                                         (1)              (2)              (3)   (1) x (2) x (3)
----------------------------------------------------------------------------------------------------------------
FERC-729....................................              10                1            9,600           96,000
----------------------------------------------------------------------------------------------------------------
Note: These figures may not be exact, due to rounding.

    The total estimated annual cost burden \5\ to respondents is 
$7,680,000 (96,000 hours x $80 per hour \5\).
---------------------------------------------------------------------------

    \5\ Based on the Bureau of Labor Statistics ``Occupational 
Outlook Handbook (OOH), 2008-09 Edition,'' Occupational Employment 
Statistics (Occupational Employment and Wages, for May 2008, for 
Lawyers (23-1011), posted at https://www.bls.gov/oes/current/oes231011.htm), FERC is using $80 per hour. Other professions (such 
as engineers and administrators) are involved in preparing the 
filing. We are using $80 per hour as a high-end figure to include 
all of the professions involved with preparation of the filing.
---------------------------------------------------------------------------

    The reporting burden includes the total time, effort, or financial 
resources expended to generate, maintain, retain, disclose, or provide 
the information including: (1) Reviewing instructions; (2) developing, 
acquiring, installing, and utilizing technology and systems for the 
purposes of collecting, validating, verifying, processing, maintaining, 
disclosing and providing information; (3) adjusting the existing ways 
to comply with any previously applicable instructions and requirements; 
(4) training personnel to respond to a collection of information; (5) 
searching data sources; (6) completing and reviewing the collection of 
information; and (7) transmitting, or otherwise disclosing the 
information.
    The estimate of cost for respondents is based upon salaries for 
professional and clerical support, as well as direct and indirect 
overhead costs. Direct costs include all costs directly attributable to 
providing this information, such as administrative costs and the cost 
for information technology. Indirect or overhead costs are costs 
incurred by an organization in support of its mission. These costs 
apply to activities which benefit the whole organization rather than 
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information to be collected; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology, e.g. permitting electronic submission of 
responses.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-1979 Filed 1-29-10; 8:45 am]
BILLING CODE 6717-01-P
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