Commission Information Collection Activities (FERC-729); Comment Request; Submitted for OMB Review, 5063-5066 [2010-1979]
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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.
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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
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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).
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Federal Register / Vol. 75, No. 20 / Monday, February 1, 2010 / Notices
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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.)
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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.
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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
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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’’.
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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.
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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.
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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.
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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).
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]]>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]
-----------------------------------------------------------------------
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
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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
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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\
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\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''.
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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.
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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)
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FERC-729.................................... 10 1 9,600 96,000
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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\).
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\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.
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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
