Commission Information Collection Activities (FERC Form No. 580); Request; Submitted for OMB Review June 15, 2010., 35003-35007 [2010-14953]
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Number of
respondents
Average number of
reponses per
respondent
Average
burden hours
per response
Total burden
hours
(1)
FERC Data collection
(2)
(3)
(1) x (2) x (3)
FERC–725E Reporting:
Balancing Authorities ........................................................
Generator Operators ........................................................
Load-Serving Entities .......................................................
Transmission Operators/Owners ......................................
32
196
140
83
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640
1960
1490
3320
............................
............................
............................
............................
64
196
140
332
Totals
7,410 Total Annual hours for the
Information Collection: 7,410
reporting hours + 732
recordkeeping = 8,142 hours.
The Commission is seeking comments
on the costs to comply with these
requirements. It has projected the
average annualized cost to be $918,480
as shown below:
Reporting = 7,410 hours @ $120/hour =
$889,200, Recordkeeping = 732
hours @ $40/hour = $29,280
Total Costs = Reporting ($889,200) +
Recordkeeping ($29,280) =
$918,480
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
20
10
10
40
Balancing Authorities
Generator Operators
Load-Serving Entities
Transmission Owners/Operators
Record-keeping ................................................................
1
1
1
1–7 each (total of 83)
............................
732
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. 2010–14956 Filed 6–18–10; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket Nos. IC10–580–001]
Commission Information Collection
Activities (FERC Form No. 580);
Request; Submitted for OMB Review
June 15, 2010.
AGENCY: Federal Energy Regulatory
Commission.
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
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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 66114, 12/14/2009) requesting
public comments. FERC received
comments from Edison Electric Institute
(EEI), American Electric Power
Company (AEP), MidAmerican Energy
Company (MidAmerican) and Pacific
Gas and Electric Company (PG&E) and
has made this notation in its submission
to OMB.
DATES: Comments on the collections of
information are due by July 21, 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 the appropriate OMB Control
Number(s) and collection number(s) 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. IC10–580–001. 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 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),
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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. IC10–580–
001.
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
call toll-free at (866) 208–3676, or for
TTY, contact (202) 502–8659.
FOR FURTHER INFORMATION CONTACT:
Michael Miller may be reached by
telephone at (202) 502–8415, by fax at
(202) 273–0873, and by e-mail at
DataClearance@FERC.gov.
SUPPLEMENTARY INFORMATION: For the
purpose of publishing this notice and
seeking public comment, FERC requests
comments on the following information
collections: FERC Form No. 580
‘‘Interrogatory on Fuel and Energy
Purchase Practices Pursuant to Section
205(f)(2) of the Federal Power Act’’,
OMB Control No. 1902–0137.
The Public Utility Regulatory Policies
Act (PURPA), enacted November 8,
1978, amended the Federal Power Act
(the Act) and directed the Commission
to make comprehensive biennial
reviews of certain matters related to
automatic adjustment clauses in
wholesale rate schedules used by public
utilities subject to the Commission’s
jurisdiction. Specifically, the
Commission is required to examine
whether the clauses effectively provide
the incentives for efficient use of
resources and also whether the clauses
reflect only those costs that are either
‘‘subject to periodic fluctuations’’ or ‘‘not
susceptible to precise determinations’’
in rate cases prior to the time the costs
are incurred. The Commission is also
required to review the practices of each
public utility under automatic
adjustment clauses ‘‘to insure efficient
use of resources under such clauses.’’ 1
In response to the PURPA directive, the
Commission (in Docket No. IN79–6)
established an investigation and began
in 1982, to collect every other year, the
FERC Form No. 580 ‘‘Interrogatory on
Fuel and Energy Purchase Practices.’’
Public Comments and FERC
Responses. A summary of the comments
1 The review requirement is set forth in two
paragraphs of Section 208 of PURPA, 49 Stat. 851;
16 U.S.C. 824d.
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on the major issues filed by the public
on the FERC Form No. 580 reporting
requirements and FERC’s response,
including proposed changes to the
requirements is provided below. For a
more detailed explanation please see the
Commission’s submission at https://
www.reginfo.gov/public/do/PRAMain,
scroll to ‘‘Currently under Review’’, key
in ‘‘Federal Energy Regulatory
Commission’’ and scroll to 1902–0137,
‘‘Interrogatory on Fuel and Energy
Purchase Practices Pursuant to Section
205(f)(2) of the Federal Power Act’’,
(FERC–580).
Public Disclosure
Fuel and Purchase Policies and
Procedures (Question No. 5):
Commenters stated the information
requested in response to this question
should be treated as privileged. If the
information is released, potential fuel
sellers would be given a road map to a
purchaser’s buying policies and
practices. This public disclosure of
bidding and bid evaluation practices
could facilitate gaming by potential
suppliers. In addition, this disclosure
would subject the utility to a greater risk
of litigation from fuel suppliers.
FERC Response: The Commission has
developed an addendum which sets
forth a duplicate question 5 which may
be filed as privileged, if the filer should
choose to do so. The Commission has
also added additional instructions to
question 5 for those respondents who
choose to label as privileged their
response(s) to question 5. (For sub
questions within question 5, please see
item no. 8 of the FERC submission).
Contract Shortfalls, Buy-downs and
Buy-outs (Questions 7 & 8): Commenters
indicated that the information requested
in these two questions is commercially
sensitive if reported when they are
identified, instead of when these
activities are later settled. If this
information is made publicly available,
at the earlier identification stage,
disclosure of such information would
impair a company’s bargaining power.
FERC Response: The Commission has
reworded the question to request
information on shortfalls, buy-downs
and buy-outs for aged cases only.
Respondents need not submit
information for cases that are involved
in ongoing litigation.
Prior Submissions
Submission of Previously Filed
Information: One commenter requested
that the Commission acknowledge data
filed in 2008 in the format requested by
the Commission for that submission.
FERC Response: The Commission will
not enter previously filed data into the
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new form for two reasons: (1) A
significant portion of the data filed two
years ago was not entered into the
preferred Excel format properly. Some
filers did not even use the form and
many filers that did, did not properly
identify each contract’s fuel cost with its
corresponding delivery information.
The required use of the new electronic
format will eliminate these issues; (2)
the new Adobe PDF platform is not
compatable with the previously
preferred Excel platform therefore the
data cannot be flowed from one format
to the other.
The Commission will however,
provide the data filed in 2010 for 2012
filers in the appropriate electronic
format thus requiring filers to update
information previously filed and
eliminating the burden of subsequently
entering data that doesn’t change from
year to year.
Reporting Burden: Several
commenters have challenged the
Commission’s burden estimates and
indicated that several questions in
particular are burdensome in their
preparation.
FERC Response: The Commission is
eliminating the requirement to file
question 6 information for contracts of
one year or less and the question 5
requirement to attach copies of utility
fuel procurement policies and practices
and related studies. In addition, the
Commission has increased its burden
figures for the 2010 collection to
incorporate an added 450 hours of
burden to cover training, initial data
entry, understanding of the new
electronic filing software, etc., which
increased the total burden to 4,150
hours. The total burden will revert back
to 3,600 hours for the 2012 collection.
Public Comments That Were Not
Incorporated and the FERC Responses
AAC
AAC Definition: EEI challenges the
Commission’s interpretation of what
clauses should be considered ‘‘automatic
adjustment clauses.’’ Section 205(f)(4)
defines ‘‘automatic adjustment clauses’’
as ‘‘a provision of a rate schedule which
provides for increases or decreases (or
both), without prior hearing, in rates
reflecting increases or decreases (or
both) in costs incurred by an electric
utility.’’ It goes on to exclude ‘‘any rate
which takes effect subject to refund and
subject to a later determination of the
appropriate amount of such rate.’’ Based
on this latter exclusion, EEI argues that
formula rate tariffs and agreements that
are subject to public true-up
proceedings and/or refund should not
be included within the scope of Form
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580. As such, EEI asserts a simple passthrough component, which does not
include a pre-established rate, should
not be considered an AAC under the
proposed changes.
FERC Response: The Commission
disagrees with EEI’s reading of Section
205(f)(4). Form 580 is an information
collection, issued to support the
preparation of the review called for by
section 205(f) of the FPA.2 That section
requires the Commission, at least every
two years, to ‘‘review, with respect to
each public utility, practices under any
automatic adjustment clauses of such
utility to insure efficient use of
resources (including economical
purchase and use of fuel and electric
energy) under such clauses.’’ 3
Many rate schedules contain
provisions for adjustments to rates
based on changes in one or more
elements of the cost incurred to provide
the service, the adjustments being
calculated using procedures that have
had prior regulatory approval. Where
such adjustments in charges are
permitted to occur automatically,
without specific regulatory review of
each adjustment, the rate schedule
provisions are referred to as ‘‘automatic
adjustment clauses.’’ Many of the
wholesale electric rate schedules filed
with the Commission by public utilities
contain provisions for automatic
adjustment of rates. Current
Commission policy permits acceptance
of these types of energy cost rates, as
well as comprehensive cost-of-service
formula rates. These operate to adjust
rates automatically. The effect of the
clause may be reflected in rates charged
by the utility without notification to or
filing with the Commission. These types
of automatic adjustment clauses
correspond to the definition of AAC in
PURPA. What was not included in this
definition were so-called ‘‘periodic
review-of-rate clauses,’’ where the
Commission has routinely required
filing of changes in rates pursuant to
implementation of a review-of-rate
clause.
The definition of an automatic
adjustment clause incorporated in the
Form 580—‘‘a provision of a rate
schedule which provides for increases
or decreases (or both), without prior
hearing, in rates reflecting increases or
decreases (or both) in costs incurred’’—
which EEI complains of, see EEI
comments at 5, is consistent with the
longstanding understanding of
Congress’ intent. The fact that a rate
may be subject to an after-the-fact public
true-up proceeding and/or later refund
2 16
3 16
U.S.C. 824d(f) (2006).
U.S.C. 824d(f)(b) (2006).
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is a rate that is not subject to prior
hearing; a rate that adjusts only subject
to after-the-fact review, and not prior
review, is thus a rate that can and
should be legitimately considered an
automatic adjustment clause.
In any event, even if EEI were correct
in its interpretation of the definition of
automatic adjustment clause, the
Commission’s authority to collect
information on such rates is not limited
by section 205(f). Section 304 of the
FPA 4 provides that ‘‘every public utility
shall file with the Commission such
annual and other periodic or special
reports as the Commission may by rules
and regulations or order prescribe as
necessary or appropriate to assist the
Commission in the proper
administration of this Act.’’ That section
goes on to provide that the Commission
may ‘‘require from such persons specific
answers to all questions upon which the
Commission may need information.’’
Similarly, section 307 of the FPA 5
provides for investigation of ‘‘any facts,
conditions, practices, or matters which
[the Commission] may find necessary or
appropriate.’’ 6 Thus, even if EEI’s claim
as to the definition of automatic
adjustment clause were valid, the
Commission may still seek the
information it deems necessary to meet
its requirements under the statute.
Basic AAC Identification (Question
No. 2): Commenters requested that the
Commission change the wording of the
question to make clear that information
regarding only AACs active during the
reporting period are the subject of the
question. In addition, the revised form
should not cover non-power tariffs or
agreements such as transmission tariffs
as it would be discriminatory to require
transmission owners that own steam
generation to report on their non-power
tariffs while not requiring competing
transmission owners that do not own
steam generation over 50MW to do so.
FERC Response: Question 2 reads: ‘‘(a)
Provide the following information
regarding the AACs your utility had on
file with the Commission during
calendar years 2008 and 2009 and (b) If
any of the Utility’s wholesale rate and/
or service agreements containing an
AAC, that was used during 2008 and/or
2009, was filed with the Commission
before January 1, 1990, and attach an
electronic copy of it with this filing.’’
The Commission is not changing the
wording of these two questions because
the question clearly states the AAC must
4 16
U.S.C. 825c (2006).
U.S.C. 825f (2006).
6 Cf. 16 U.S.C. 825j (2006) (section 311 of the
Federal Power Act provides for collection of
information necessary or appropriate as a basis for
recommending legislation).
5 16
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35005
have been active during 2008 and/or
2009 for the requirement to be
applicable. However, a note will be
added for this question in the Desk
Reference to reiterate that only tariffs
active during the reporting period are
the subject of the question.
Confidential Treatment of
Information (Question 6): EEI believes
that fuel costs should be treated as
privileged information. Specifically,
delivered fuel characteristics, including
the quantity may be competitively
sensitive, particularly when reporting at
the facility level. EEI also believes that
information in response to question no.
6 should be limited to the cost of fuels
that are passed through an Automatic
Adjustment Clause (AAC). Further,
question no. 6 should only ask for data
on the cost of primary fuels, not the
costs from incidental use or other fuels
for auxiliary or start-up purposes.
FERC Response: While the
Commission understands the desire of
some of the respondents to treat the cost
data in the Form 580 as privileged
information, it is necessary that this
data continue to be publicly reported for
two reasons. First, the Commission and
other government agencies need this
data to carry out their statutory
responsibilities (e.g., to ensure that the
rates are just and reasonable and
customers are protected from undue
discrimination). Second, ratepayers
need this information to evaluate
whether the rates they are being charged
are just and reasonable and not unduly
discriminatory or preferential.
The delivered fuel characteristics and
quantities have been historically treated
as public by both FERC and EIA at the
plant level. EEI’s comments are not
sufficient to persuade the Commission
to change its historic practice.
Duplicative Reporting: Commenters
stated that the Commission should not
require reporting of information that is
already collected elsewhere, particularly
with regard to formula rates and fuel
costs. The formula rate information is
already collected in a new schedule at
page 106 of Form 1. The Commission
should also not require the submittal of
fuel costs as this information is already
submitted on the Energy Information
Administration’s EIA–923 ‘‘Power Plant
Operations Report.’’
FERC Response: The information
collected in the EIA–923 and FERC
Form No. 1 is insufficient for the
Commission to meet its statutory
requirements related to AACs. Both the
EIA–923 and FERC Form No. 1
collections are designed for a different
purpose than the Form 580. As such, the
information in these collections that is
similar to the Form 580 information
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does not have the granularity required
for the FPA 205(f) review.
The Form 580 analysis requires the
collection of fuel information by
contract. In contrast, the EIA–923 form
collects fuel information by supplier,
and, in some cases, supplier information
is further aggregated into line item
information for ‘‘various suppliers’’.
FERC’s Form No. 1 p. 106 only
collects one data element related to the
Form 580: rate schedule or tariff
number. This data element will be used
to help bridge the FERC Form No. 1 and
Form 580 collections so that each can be
used to support the analysis of the
other. If the FERC Form No. 1
respondent files formula rate input
changes at least annually, then an
additional common data element is
collected: the ‘‘docket number.’’ The
think there is a compelling reason not
to answer a particular question in the
interrogatory, they can apply for a
waiver of that particular question. It is
not possible for the Commission to
anticipate every individual
circumstance under which it would not
make sense for a particular utility to
answer any given question.
Action: The Commission is requesting
a three-year extension of the FERC Form
No. 580 requirements, with changes to
the FERC Form No. 580. The redesign of
the FERC Form No. 580 provides for
electronic submission in a user-friendly
format.
Burden Statement: The table below
provides an estimate of the annual
public reporting burdens followed by
the associated public costs.7
identification of the service schedule
that contains the AAC and the rate
schedule that houses the service
schedule are needed for the efficiency
and completeness of the Commission’s
Form 580 analysis. If only the rate
schedule number were provided and not
the service schedule identification,
Commission staff would be required to
search the many service schedules filed
under each rate schedule to locate the
AACs.
Reporting Thresholds: Commenters
asked that the Commission only require
information on natural gas contracts if
such contracts in total account for more
than, for example, 20% of the total
recoveries under AACs during the
period.
FERC Response: If a utility has a
specific circumstance under which they
No. of
respondents
Annual No. of
responses per
respondent
Average burden
hours per
response
Total annual
burden hours
(1)
(2)
(3)
(1)x(2)x(3)
Respondents with FACs ..................................................................
Respondents with AACs but no FACs ............................................
Respondents with no AACs (no FACs) ...........................................
45
125
40
0.5
0.5
0.5
103[7]
20
2
2310
1250
40
Sub Total ..................................................................................
............................
............................
............................
3600
One-time burden of learning new software .....................................
45
.5
20
450
Total ..........................................................................................
............................
............................
............................
4150
The total annual cost to respondents 8
is estimated as follows.
Total annual burden hours
Estimated hourly cost ($)
Estimated total annual cost to
respondents ($)7
(1)
(2)
(2) X (1)
4150
FERC Data collection
$66.29
$275,104
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Form 580 .............................................................
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.
7 These figures may not be exact, due to rounding
and/or truncating.
8 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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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
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,
E:\FR\FM\21JNN1.SGM
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
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. 2010–14953 Filed 6–18–10; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP10–454–000]
Wyckoff Gas Storage Company LLC;
Notice of Application
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June 15, 2010.
On June 10, 2010, Wyckoff Gas
Storage Company, LLC, (‘‘Wyckoff’’),
6733 South Yale, Tulsa, OK 74136,
pursuant to section 7(c) of the Natural
Gas Act (NGA) and Part 157 of the
Commission’s regulations, filed an
abbreviated application to amend its
certificates of public convenience and
necessity to (1) drill and complete the
previously authorized, but not yet
drilled, injection/withdrawal well I/W
#6 into the Onondaga reef zone as a
horizontal well with two laterals; and
(2) rework the existing well I/W #3 so
as to extend it horizontally across the
reef with two separate laterals. This
filing is available for review at the
Commission in the Public Reference
Room or may be viewed on the
Commission’s Web site at https://
www.ferc.gov using the ‘‘e-Library’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. For
assistance, contact FERC at
FERCOnlineSupport@ferc.gov or call
toll-free, (866) 208–3676, or for TTY,
(202) 502–8659.
Any questions regarding this
application should be directed to John
A. Boone, Wyckoff Gas Storage
Company, LLC, 6733 South Yale, Tulsa,
OK 74136, (918) 491–4440 or
johnbo@kfoc.net.
Pursuant to section 157.9 of the
Commission’s rules, 18 CFR 157.9,
within 90 days of this Notice the
Commission staff will either: Complete
its environmental assessment (EA) and
place it into the Commission’s public
record (eLibrary) for this proceeding, or
issue a Notice of Schedule for
Environmental Review. If a Notice of
Schedule for Environmental Review is
issued, it will indicate, among other
milestones, the anticipated date for the
Commission staff’s issuance of the final
environmental impact statement (FEIS)
VerDate Mar<15>2010
15:46 Jun 18, 2010
Jkt 220001
or EA for this proposal. The filing of the
EA in the Commission’s public record
for this proceeding or the issuance of a
Notice of Schedule for Environmental
Review will serve to notify federal and
state agencies of the timing for the
completion of all necessary reviews, and
the subsequent need to complete all
federal authorizations within 90 days of
the date of issuance of the Commission
staff’s FEIS or EA.
There are two ways to become
involved in the Commission’s review of
this project. First, any person wishing to
obtain legal status by becoming a party
to the proceedings for this project
should, on or before the below listed
comment date, file with the Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
a motion to intervene in accordance
with the requirements of the
Commission’s Rules of Practice and
Procedure (18 CFR 385.214 or 385.211)
and the Regulations under the NGA (18
CFR 157.10). A person obtaining party
status will be placed on the service list
maintained by the Secretary of the
Commission and will receive copies of
all documents filed by the applicant and
by all other parties. A party must submit
14 copies of filings made with the
Commission and must mail a copy to
the applicant and to every other party in
the proceeding. Only parties to the
proceeding can ask for court review of
Commission orders in the proceeding.
However, a person does not have to
intervene in order to have comments
considered. The second way to
participate is by filing with the
Secretary of the Commission, as soon as
possible, an original and two copies of
comments in support of or in opposition
to this project. The Commission will
consider these comments in
determining the appropriate action to be
taken, but the filing of a comment alone
will not serve to make the filer a party
to the proceeding. The Commission’s
rules require that persons filing
comments in opposition to the project
provide copies of their protests only to
the party or parties directly involved in
the protest.
Persons who wish to comment only
on the environmental review of this
project should submit an original and
two copies of their comments to the
Secretary of the Commission.
Environmental commenters will be
placed on the Commission’s
environmental mailing list, will receive
copies of the environmental documents,
and will be notified of meetings
associated with the Commission’s
environmental review process.
Environmental commenters will not be
required to serve copies of filed
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
35007
documents on all other parties.
However, the non-party commenters
will not receive copies of all documents
filed by other parties or issued by the
Commission (except for the mailing of
environmental documents issued by the
Commission) and will not have the right
to seek court review of the
Commission’s final order.
Motions to intervene, protests and
comments may be filed electronically
via the internet in lieu of paper; see, 18
CFR 385.2001(a)(1)(iii) and the
instructions on the Commission’s Web
site under the ‘‘e-Filing’’ link. The
Commission strongly encourages
electronic filings.
Comment Date: July 6, 2010.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010–14949 Filed 6–18–10; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 13732–000]
Portland Water Bureau; Notice of
Application Accepted for Filing and
Soliciting Comments, Motions To
Intervene, Protests,
Recommendations, and Terms and
Conditions
June 15, 2010.
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection:
a. Type of Application: Conduit
Exemption.
b. Project No.: P–13732–000.
c. Date filed: April 30, 2010.
d. Applicant: City of Portland Water
Bureau.
e. Name of Project: Vernon Station
Hydroelectric Project.
f. Location: The Vernon Station
Hydroelectric Project would be located
at the City of Portland Water Bureau’s
Vernon Water Tank Site, in Multnomah
County, Oregon. The land in which all
the project structures are located is
owned by the applicant.
g. Filed Pursuant to: Federal Power
Act 16 U.S.C. 791a—825r.
h. Applicant Contact: Mr. Bryan
Robinson, City of Portland Water
Bureau, 1900 N. Interstate, Portland, OR
97227; (503) 823–7221;
bryanrobinson@ci.portland.or.us.
i. FERC Contact: Kelly Houff, (202)
502–6393, Kelly.Houff@ferc.gov.
j. Status of Environmental Analysis:
This application is ready for
E:\FR\FM\21JNN1.SGM
21JNN1
]]>Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Notices]
[Pages 35003-35007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14953]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. IC10-580-001]
Commission Information Collection Activities (FERC Form No. 580);
Request; Submitted for OMB Review June 15, 2010.
AGENCY: Federal Energy Regulatory Commission.
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 66114,
12/14/2009) requesting public comments. FERC received comments from
Edison Electric Institute (EEI), American Electric Power Company (AEP),
MidAmerican Energy Company (MidAmerican) and Pacific Gas and Electric
Company (PG&E) and has made this notation in its submission to OMB.
DATES: Comments on the collections of information are due by July 21,
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 the appropriate OMB Control
Number(s) and collection number(s) 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. IC10-580-001.
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 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),
[[Page 35004]]
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.
IC10-580-001.
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 call toll-free at
(866) 208-3676, or for TTY, contact (202) 502-8659.
FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by
telephone at (202) 502-8415, by fax at (202) 273-0873, and by e-mail at
DataClearance@FERC.gov.
SUPPLEMENTARY INFORMATION: For the purpose of publishing this notice
and seeking public comment, FERC requests comments on the following
information collections: FERC Form No. 580 ``Interrogatory on Fuel and
Energy Purchase Practices Pursuant to Section 205(f)(2) of the Federal
Power Act'', OMB Control No. 1902-0137.
The Public Utility Regulatory Policies Act (PURPA), enacted
November 8, 1978, amended the Federal Power Act (the Act) and directed
the Commission to make comprehensive biennial reviews of certain
matters related to automatic adjustment clauses in wholesale rate
schedules used by public utilities subject to the Commission's
jurisdiction. Specifically, the Commission is required to examine
whether the clauses effectively provide the incentives for efficient
use of resources and also whether the clauses reflect only those costs
that are either ``subject to periodic fluctuations'' or ``not
susceptible to precise determinations'' in rate cases prior to the time
the costs are incurred. The Commission is also required to review the
practices of each public utility under automatic adjustment clauses
``to insure efficient use of resources under such clauses.'' \1\ In
response to the PURPA directive, the Commission (in Docket No. IN79-6)
established an investigation and began in 1982, to collect every other
year, the FERC Form No. 580 ``Interrogatory on Fuel and Energy Purchase
Practices.''
---------------------------------------------------------------------------
\1\ The review requirement is set forth in two paragraphs of
Section 208 of PURPA, 49 Stat. 851; 16 U.S.C. 824d.
---------------------------------------------------------------------------
Public Comments and FERC Responses. A summary of the comments on
the major issues filed by the public on the FERC Form No. 580 reporting
requirements and FERC's response, including proposed changes to the
requirements is provided below. For a more detailed explanation please
see the Commission's submission at https://www.reginfo.gov/public/do/PRAMain, scroll to ``Currently under Review'', key in ``Federal Energy
Regulatory Commission'' and scroll to 1902-0137, ``Interrogatory on
Fuel and Energy Purchase Practices Pursuant to Section 205(f)(2) of the
Federal Power Act'', (FERC-580).
Public Disclosure
Fuel and Purchase Policies and Procedures (Question No. 5):
Commenters stated the information requested in response to this
question should be treated as privileged. If the information is
released, potential fuel sellers would be given a road map to a
purchaser's buying policies and practices. This public disclosure of
bidding and bid evaluation practices could facilitate gaming by
potential suppliers. In addition, this disclosure would subject the
utility to a greater risk of litigation from fuel suppliers.
FERC Response: The Commission has developed an addendum which sets
forth a duplicate question 5 which may be filed as privileged, if the
filer should choose to do so. The Commission has also added additional
instructions to question 5 for those respondents who choose to label as
privileged their response(s) to question 5. (For sub questions within
question 5, please see item no. 8 of the FERC submission).
Contract Shortfalls, Buy-downs and Buy-outs (Questions 7 & 8):
Commenters indicated that the information requested in these two
questions is commercially sensitive if reported when they are
identified, instead of when these activities are later settled. If this
information is made publicly available, at the earlier identification
stage, disclosure of such information would impair a company's
bargaining power.
FERC Response: The Commission has reworded the question to request
information on shortfalls, buy-downs and buy-outs for aged cases only.
Respondents need not submit information for cases that are involved in
ongoing litigation.
Prior Submissions
Submission of Previously Filed Information: One commenter requested
that the Commission acknowledge data filed in 2008 in the format
requested by the Commission for that submission.
FERC Response: The Commission will not enter previously filed data
into the new form for two reasons: (1) A significant portion of the
data filed two years ago was not entered into the preferred Excel
format properly. Some filers did not even use the form and many filers
that did, did not properly identify each contract's fuel cost with its
corresponding delivery information. The required use of the new
electronic format will eliminate these issues; (2) the new Adobe PDF
platform is not compatable with the previously preferred Excel platform
therefore the data cannot be flowed from one format to the other.
The Commission will however, provide the data filed in 2010 for
2012 filers in the appropriate electronic format thus requiring filers
to update information previously filed and eliminating the burden of
subsequently entering data that doesn't change from year to year.
Reporting Burden: Several commenters have challenged the
Commission's burden estimates and indicated that several questions in
particular are burdensome in their preparation.
FERC Response: The Commission is eliminating the requirement to
file question 6 information for contracts of one year or less and the
question 5 requirement to attach copies of utility fuel procurement
policies and practices and related studies. In addition, the Commission
has increased its burden figures for the 2010 collection to incorporate
an added 450 hours of burden to cover training, initial data entry,
understanding of the new electronic filing software, etc., which
increased the total burden to 4,150 hours. The total burden will revert
back to 3,600 hours for the 2012 collection.
Public Comments That Were Not Incorporated and the FERC Responses
AAC
AAC Definition: EEI challenges the Commission's interpretation of
what clauses should be considered ``automatic adjustment clauses.''
Section 205(f)(4) defines ``automatic adjustment clauses'' as ``a
provision of a rate schedule which provides for increases or decreases
(or both), without prior hearing, in rates reflecting increases or
decreases (or both) in costs incurred by an electric utility.'' It goes
on to exclude ``any rate which takes effect subject to refund and
subject to a later determination of the appropriate amount of such
rate.'' Based on this latter exclusion, EEI argues that formula rate
tariffs and agreements that are subject to public true-up proceedings
and/or refund should not be included within the scope of Form
[[Page 35005]]
580. As such, EEI asserts a simple pass-through component, which does
not include a pre-established rate, should not be considered an AAC
under the proposed changes.
FERC Response: The Commission disagrees with EEI's reading of
Section 205(f)(4). Form 580 is an information collection, issued to
support the preparation of the review called for by section 205(f) of
the FPA.\2\ That section requires the Commission, at least every two
years, to ``review, with respect to each public utility, practices
under any automatic adjustment clauses of such utility to insure
efficient use of resources (including economical purchase and use of
fuel and electric energy) under such clauses.'' \3\
---------------------------------------------------------------------------
\2\ 16 U.S.C. 824d(f) (2006).
\3\ 16 U.S.C. 824d(f)(b) (2006).
---------------------------------------------------------------------------
Many rate schedules contain provisions for adjustments to rates
based on changes in one or more elements of the cost incurred to
provide the service, the adjustments being calculated using procedures
that have had prior regulatory approval. Where such adjustments in
charges are permitted to occur automatically, without specific
regulatory review of each adjustment, the rate schedule provisions are
referred to as ``automatic adjustment clauses.'' Many of the wholesale
electric rate schedules filed with the Commission by public utilities
contain provisions for automatic adjustment of rates. Current
Commission policy permits acceptance of these types of energy cost
rates, as well as comprehensive cost-of-service formula rates. These
operate to adjust rates automatically. The effect of the clause may be
reflected in rates charged by the utility without notification to or
filing with the Commission. These types of automatic adjustment clauses
correspond to the definition of AAC in PURPA. What was not included in
this definition were so-called ``periodic review-of-rate clauses,''
where the Commission has routinely required filing of changes in rates
pursuant to implementation of a review-of-rate clause.
The definition of an automatic adjustment clause incorporated in
the Form 580--``a provision of a rate schedule which provides for
increases or decreases (or both), without prior hearing, in rates
reflecting increases or decreases (or both) in costs incurred''--which
EEI complains of, see EEI comments at 5, is consistent with the
longstanding understanding of Congress' intent. The fact that a rate
may be subject to an after-the-fact public true-up proceeding and/or
later refund is a rate that is not subject to prior hearing; a rate
that adjusts only subject to after-the-fact review, and not prior
review, is thus a rate that can and should be legitimately considered
an automatic adjustment clause.
In any event, even if EEI were correct in its interpretation of the
definition of automatic adjustment clause, the Commission's authority
to collect information on such rates is not limited by section 205(f).
Section 304 of the FPA \4\ provides that ``every public utility shall
file with the Commission such annual and other periodic or special
reports as the Commission may by rules and regulations or order
prescribe as necessary or appropriate to assist the Commission in the
proper administration of this Act.'' That section goes on to provide
that the Commission may ``require from such persons specific answers to
all questions upon which the Commission may need information.''
Similarly, section 307 of the FPA \5\ provides for investigation of
``any facts, conditions, practices, or matters which [the Commission]
may find necessary or appropriate.'' \6\ Thus, even if EEI's claim as
to the definition of automatic adjustment clause were valid, the
Commission may still seek the information it deems necessary to meet
its requirements under the statute.
---------------------------------------------------------------------------
\4\ 16 U.S.C. 825c (2006).
\5\ 16 U.S.C. 825f (2006).
\6\ Cf. 16 U.S.C. 825j (2006) (section 311 of the Federal Power
Act provides for collection of information necessary or appropriate
as a basis for recommending legislation).
---------------------------------------------------------------------------
Basic AAC Identification (Question No. 2): Commenters requested
that the Commission change the wording of the question to make clear
that information regarding only AACs active during the reporting period
are the subject of the question. In addition, the revised form should
not cover non-power tariffs or agreements such as transmission tariffs
as it would be discriminatory to require transmission owners that own
steam generation to report on their non-power tariffs while not
requiring competing transmission owners that do not own steam
generation over 50MW to do so.
FERC Response: Question 2 reads: ``(a) Provide the following
information regarding the AACs your utility had on file with the
Commission during calendar years 2008 and 2009 and (b) If any of the
Utility's wholesale rate and/or service agreements containing an AAC,
that was used during 2008 and/or 2009, was filed with the Commission
before January 1, 1990, and attach an electronic copy of it with this
filing.''
The Commission is not changing the wording of these two questions
because the question clearly states the AAC must have been active
during 2008 and/or 2009 for the requirement to be applicable. However,
a note will be added for this question in the Desk Reference to
reiterate that only tariffs active during the reporting period are the
subject of the question.
Confidential Treatment of Information (Question 6): EEI believes
that fuel costs should be treated as privileged information.
Specifically, delivered fuel characteristics, including the quantity
may be competitively sensitive, particularly when reporting at the
facility level. EEI also believes that information in response to
question no. 6 should be limited to the cost of fuels that are passed
through an Automatic Adjustment Clause (AAC). Further, question no. 6
should only ask for data on the cost of primary fuels, not the costs
from incidental use or other fuels for auxiliary or start-up purposes.
FERC Response: While the Commission understands the desire of some
of the respondents to treat the cost data in the Form 580 as privileged
information, it is necessary that this data continue to be publicly
reported for two reasons. First, the Commission and other government
agencies need this data to carry out their statutory responsibilities
(e.g., to ensure that the rates are just and reasonable and customers
are protected from undue discrimination). Second, ratepayers need this
information to evaluate whether the rates they are being charged are
just and reasonable and not unduly discriminatory or preferential.
The delivered fuel characteristics and quantities have been
historically treated as public by both FERC and EIA at the plant level.
EEI's comments are not sufficient to persuade the Commission to change
its historic practice.
Duplicative Reporting: Commenters stated that the Commission should
not require reporting of information that is already collected
elsewhere, particularly with regard to formula rates and fuel costs.
The formula rate information is already collected in a new schedule at
page 106 of Form 1. The Commission should also not require the
submittal of fuel costs as this information is already submitted on the
Energy Information Administration's EIA-923 ``Power Plant Operations
Report.''
FERC Response: The information collected in the EIA-923 and FERC
Form No. 1 is insufficient for the Commission to meet its statutory
requirements related to AACs. Both the EIA-923 and FERC Form No. 1
collections are designed for a different purpose than the Form 580. As
such, the information in these collections that is similar to the Form
580 information
[[Page 35006]]
does not have the granularity required for the FPA 205(f) review.
The Form 580 analysis requires the collection of fuel information
by contract. In contrast, the EIA-923 form collects fuel information by
supplier, and, in some cases, supplier information is further
aggregated into line item information for ``various suppliers''.
FERC's Form No. 1 p. 106 only collects one data element related to
the Form 580: rate schedule or tariff number. This data element will be
used to help bridge the FERC Form No. 1 and Form 580 collections so
that each can be used to support the analysis of the other. If the FERC
Form No. 1 respondent files formula rate input changes at least
annually, then an additional common data element is collected: the
``docket number.'' The identification of the service schedule that
contains the AAC and the rate schedule that houses the service schedule
are needed for the efficiency and completeness of the Commission's Form
580 analysis. If only the rate schedule number were provided and not
the service schedule identification, Commission staff would be required
to search the many service schedules filed under each rate schedule to
locate the AACs.
Reporting Thresholds: Commenters asked that the Commission only
require information on natural gas contracts if such contracts in total
account for more than, for example, 20% of the total recoveries under
AACs during the period.
FERC Response: If a utility has a specific circumstance under which
they think there is a compelling reason not to answer a particular
question in the interrogatory, they can apply for a waiver of that
particular question. It is not possible for the Commission to
anticipate every individual circumstance under which it would not make
sense for a particular utility to answer any given question.
Action: The Commission is requesting a three-year extension of the
FERC Form No. 580 requirements, with changes to the FERC Form No. 580.
The redesign of the FERC Form No. 580 provides for electronic
submission in a user-friendly format.
Burden Statement: The table below provides an estimate of the
annual public reporting burdens followed by the associated public
costs.\7\
---------------------------------------------------------------------------
\7\ These figures may not be exact, due to rounding and/or
truncating.
----------------------------------------------------------------------------------------------------------------
Annual No. of Average burden
No. of responses per hours per Total annual
respondents respondent response burden hours
----------------------------------------------------------------------------------------------------------------
(1) (2) (3) (1)x(2)x(3)
----------------------------------------------------------------------------------------------------------------
Respondents with FACs................... 45 0.5 103[7] 2310
Respondents with AACs but no FACs....... 125 0.5 20 1250
Respondents with no AACs (no FACs)...... 40 0.5 2 40
-----------------------------------------------------------------------
Sub Total........................... ................ ................ ................ 3600
=======================================================================
One-time burden of learning new software 45 .5 20 450
-----------------------------------------------------------------------
Total............................... ................ ................ ................ 4150
----------------------------------------------------------------------------------------------------------------
The total annual cost to respondents \8\ is estimated as follows.
---------------------------------------------------------------------------
\8\ 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
$137,874/2,080).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated total annual cost
FERC Data collection Total annual burden hours Estimated hourly cost ($) to respondents ($)\7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) (2) (2) X (1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form 580...................................................... 4150 $66.29 $275,104
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 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,
[[Page 35007]]
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. 2010-14953 Filed 6-18-10; 8:45 am]
BILLING CODE 6717-01-P
