Information Collection Request Extension Submitted to the Office of Management and Budget (OMB) for Approval Under the Paperwork Reduction Act, 49764-49769 [2011-20400]
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49764
Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices
www.ferc.gov) under the ‘‘e-Filing’’ link.
Persons unable to file electronically
should submit an original and 7 copies
of the protest or intervention to the
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426.
Dated: August 5, 2011.
Kimberly D. Bose,
Secretary.
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Notice of FERC Staff Attendance at the
Entergy ICT Transmission Planning
Summit and Entegry Regional State
Committee Meeting
The Federal Energy Regulatory
Commission hereby gives notice that
members of its staff may attend the
meetings noted below. Their attendance
is part of the Commission’s ongoing
outreach efforts.
Entergy ICT Transmission Planning
Summit
August 23, 2011 (8 a.m.–5 p.m.)
Entergy Regional State Committee
Meeting
August 24, 2011 (1–5 p.m.)
August 25, 2011 (9 a.m.–12 p.m.)
These meetings will be held at the
Sheraton New Orleans, 500 Canal Street,
New Orleans, LA 70130. The hotel
phone number is 888–627–7033.
The discussions may address matters
at issue in the following proceedings:
Docket No.
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Entergy Services, Inc.
Louisiana Public Service Commission v. Entergy Services,
Inc.
Louisiana Public Service Commission v. Entergy Services,
Inc.
Louisiana Public Service Commission v. Entergy Services,
Inc.
Louisiana Public Service Commission v. Entergy Services,
Inc.
Ameren Services Co. v.
Entergy Services, Inc.
Arkansas Public Service Commission v. Entergy Services,
Inc.
Louisiana Public Service Commission v. Entergy Services,
Inc.
Louisiana Public Service Commission v. Entergy Services,
Inc.
15:59 Aug 10, 2011
EL10–55 .....
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[FR Doc. 2011–20428 Filed 8–10–11; 8:45 am]
OA07–32 ....
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Docket No.
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ER05–1065
ER07–682 ..
ER07–956 ..
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ER09–833 ..
ER09–1224
ER10–794 ..
ER10–1350
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ER10–2001
ER10–2161
ER10–2748
ER10–3357
ER11–2131
ER11–2132
ER11–2133
ER11–2134
ER11–2135
ER11–2136
ER11–2161
ER11–3156
ER11–3157
ER11–3274
ER11–3728
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ER11–3658
Louisiana Public Service Commission v. Entergy Services,
Inc.
Louisiana Public Service Commission v. Entergy Services,
Inc.
Midwest Independent System
Transmission Operator, Inc.
Entergy Services, Inc.
Entergy Services, Inc.
Entergy Services, Inc.
Entergy Services, Inc.
Entergy Services, Inc.
Entergy Services, Inc.
Entergy Services, Inc.
Entergy Services, Inc.
Entergy Services, Inc.
Entergy Arkansas, Inc.
Entergy Texas, Inc.
Entergy Services, Inc.
Entergy Arkansas, Inc.
Entergy Arkansas, Inc.
Entergy Gulf States, Louisiana,
LLC
Entergy Gulf States, Louisiana,
LLC
Entergy Mississippi, Inc.
Entergy New Orleans, Inc.
Entergy Texas, Inc.
Entergy Texas, Inc.
Entergy Arkansas, Inc.
Entergy Arkansas, Inc.
Entergy Arkansas, Inc.
Midwest Independent Transmission System Operator,
Inc.
Entergy Arkansas, Inc.
Entergy Arkansas, Inc.
These meetings are open to the
public.
For more information, contact Patrick
Clarey, Office of Energy Market
Regulation, Federal Energy Regulatory
Commission at (317) 249–5937 or
patrick.clarey@ferc.gov.
Dated: August 5, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011–20425 Filed 8–10–11; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 7742–007]
Steve Mason Enterprises, Inc., Green
Energy Trans, LLC; Notice of Transfer
of Exemption
1. Pursuant to section 4.106(i) of the
Commission’s regulations,1 Steve Mason
Enterprises, Inc., exemptee for the Long
1 18
PO 00000
CFR 4.106(i) (2011).
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Shoals Project No. 7742,2 informed the
Commission that it transferred
ownership of its exempted project
property and facilities for Project No.
7742 to Green Energy Trans, LLC.3 The
project is located on the South Fork
Catawba River in Lincoln County, North
Carolina. The transfer of an exemption
does not require Commission approval.4
2. Green Energy Trans, LLC, located at
227 Pilch Road, Troutman, North
Carolina, is now the exemptee of the
Long Shoals Project No. 7742.
Dated: August 5, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011–20432 Filed 8–10–11; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Western Area Power Administration
Information Collection Request
Extension Submitted to the Office of
Management and Budget (OMB) for
Approval Under the Paperwork
Reduction Act
Western Area Power
Administration, U.S. Department of
Energy.
ACTION: Notice of Extension under the
Paperwork Reduction Act Submitted to
OMB for Approval; Request for
Comments.
AGENCY:
This notice announces that
Western Area Power Administration
(Western), an agency within the
Department of Energy (DOE), has
submitted an extension to an existing
Information Collection Request (ICR) to
the Office of Management and Budget
(OMB) for review, comment and
approval as required under the
Paperwork Reduction Act of 1995.1 The
ICR Western seeks to extend its
Applicant Profile Data form (APD). The
ICR described below identifies the
proposal, including the anticipated
public burdens. On April 6, 2011,
Western published a notice in the
Federal Register inviting public
comments on the extension of its
existing ICR.2 That notice provided a
60-day comment period. Western
included a summary of the comments
and responses below. Western now
SUMMARY:
2 The Commission issued an exemption from
licensing for Project No. 7742 on July 19, 1984.
Long Shoals Hydro, Inc., 28 FERC ¶ 62,067 (1984).
3 See filing of May 26, 2011 from Steve Mason
Enterprises, Inc.
4 E.g., John C. Jones, 99 FERC ¶ 61,372, at 62,580
n.2 (2002).
1 See 44 U.S.C. 3501, et seq.
2 See 76 FR 19067 (2011).
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invites interested entities to submit
comments to OMB.
Western is collecting and will
continue to collect the data under its
APD to properly perform its function of
marketing a limited amount of Federal
hydropower. Western will use the
collected data to evaluate who will
receive an allocation of Federal power.
Western notes the Paperwork
Reduction Act and associated Federal
Register notice is a process whereby
Western obtains approval from OMB to
collect information from the public. It is
a legal requirement Western must
comply with before requesting potential
preference customers to submit an
application for power. The Paperwork
Reduction Act is not the process where
interested parties request an allocation
of Federal power. The allocation of
power from Western is outside the
scope of this process and is completed
in a separate process by each Western
region, when required.
DATES: To ensure consideration,
comments regarding this collection
must be received on or before
September 12, 2011. The Paperwork
Reduction Act requires OMB to make a
decision on the extension of the ICR
within 60 days after this publication or
receipt of the proposed collection of
information, whichever is later.
ADDRESSES: Written comments should
be sent to: The DOE Desk Officer, Office
of Information and Regulatory Affairs,
Office of Management and Budget, New
Executive Office Building, Room 10102,
735 17th Street, NW., Washington, DC
20503.
With a copy to Western at:
PRAcomments@wapa.gov or Western
Area Power Administration, Ronald
Klinefelter, 12155 W. Alameda Parkway,
Lakewood, CO 80228.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the APD and instructions
should be directed to Western Area
Power Administration, Ronald
Klinefelter, (720) 962–7010.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
Reclamation Laws rose from the
Desert Land Act of 1872 and include,
but are not limited to: the Desert Land
Act of 1872, Reclamation Act of 1902,
Reclamation Project Act of 1939, and
the Acts authorizing each individual
project such as the Central Valley
Project Authorizing Act of 1937.3 The
Reclamation Act of 1902 established the
3 See Ch. 107, 19 Stat. 377 (1872), Ch. 1093, 32
Stat. 388 (1902), Ch, 418, 53 Stat. 1187 (1939), Ch.
832, 50 Stat. 844, 850 (1937), all as amended and
supplemented.
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Federal reclamation program.4 The basic
principle of the Reclamation Act of 1902
was the United States, through the
Secretary of the Interior, would build
and operate irrigation works from the
proceeds of public land sales in the 16
arid Western states (a 17th was added
later). The Reclamation Project Act of
1939 expanded the purposes of the
reclamation program and specified
certain terms for the Interior’s water and
power contracts.5 Congress enacted the
Reclamation Laws to enhance
navigation and flood protection, reclaim
arid lands in the western United States,
and protect fish and wildlife.6 Congress,
generally, intended the production of
power to be a supplemental feature of
the multi-purpose water projects
authorized under the Reclamation
Laws.7 No contract entered into by the
United States for power may impair the
irrigation purposes.8 Section 5 of the
Flood Control Act of 1944 is read in pari
materia with Reclamation Laws.9 In
1977, the Department of Energy
Organization Act transferred the power
marketing functions from the
Department of the Interior to Western.10
Pursuant to this authority, Western
markets Federal hydropower. As part of
Western’s marketing authority, Western
needs to obtain information from
interested entities who desire an
allocation of Federal power. The
Paperwork Reduction Act requires
Western to obtain a clearance from OMB
before collecting certain information.11
II. Background
Western is a Federal agency under
DOE that markets and transmits
wholesale electric power from 56
Federal hydropower plants and one
coal-fired plant. Western sells about 40
percent of regional hydroelectric
generation in a service area that covers
1.3 million square miles in 15 states.12
To deliver this electric power to the
western half of the United States,
Western markets and transmits about
10,000 megawatts of hydropower across
4 See Ch. 1093, 32 Stat. 388 (1902), as amended
and supplemented.
5 See Ch. 418, 53 Stat. 1187 (1939), as amended
and supplemented.
6 See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as
amended and supplemented.
7 See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as
amended and supplemented.
8 43 U.S.C. 485h(c).
9 See Ch. 665, 58 Stat. 887 (1944), as amended
and supplemented.
10 See 42 U.S.C. 7152(a)(1)(E).
11 See 44 U.S.C. 3501, et seq.
12 Western markets power under marketing plans
developed through its offices: the Rocky Mountain
Region, Upper Great Plains Region, Rocky
Mountain Region, Sierra Nevada Region and the
Colorado River Storage Project Management Center
(Regions).
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49765
an integrated 17,000-circuit mile, high
voltage transmission system. Western’s
statutorily defined preference customers
include municipalities, cooperatives,
public utility and irrigation districts,
Federal and State agencies, and Native
American Tribes.13 These customers, in
turn, provide retail electric service to
millions of consumers in Arizona,
California, Colorado, Iowa, Kansas,
Minnesota, Montana, Nebraska, Nevada,
New Mexico, North Dakota, South
Dakota, Texas, Utah, and Wyoming.
As part of its marketing mission,
Western needs to continue to collect
information contained in the APD from
entities that may be interested in
obtaining a power allocation from
Western. Western is submitting this
extension with the accompanying ICR to
OMB with this notice.14 Western has
analyzed and responded to all
comments received through this
process. As required by the Paperwork
Reduction Act, Western is now
publishing a notice of its submittal to
OMB and providing a second
opportunity to comment.15 Such
comments should be sent directly to
OMB with a copy to Western at the
addresses listed above.
III. Process
A. Background
On April 6, 2011, in compliance with
the Paperwork Reduction Act, Western
published a notice in the Federal
Register inviting comments on
extending Western’s APD.16 As part of
that notice, in particular, Western
invited comments on: (1) Whether the
proposed continued collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of burden, 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 respondents, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Western provided notice that the
proposed APD will not be part of a
system of records covered by the
13 See,
e.g., 43 U.S.C. 485h(c).
44 U.S.C. 3507.
15 See 44 U.S.C. 3506.
16 See 76 FR 19067 (2011).
14 See
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Privacy Act 17 and will be available
under the Freedom of Information Act.18
In April 2011, Western published a
copy of the Federal Register notice and
an invitation for comments on its Web
site.19 Western sent a notice to over 850
potentially interested entities and
customer groups, informing them of the
publication of the Federal Register
notice and invitational comments. This
notice took the form of an e-mail from
Western’s Regional Offices located in
California, Arizona, Montana, Colorado
and Utah. The notices were sent to
stakeholders in Western’s service
territory, which includes, but is not
limited to, California, Nevada, Arizona,
Utah, New Mexico, Colorado, Wyoming,
Montana, Texas, North Dakota and
South Dakota. Western received one
comment letter. Western’s responses to
the comments are below.
B. Response to Comments
Comment: The comment supports the
continued use of the APD and sees no
reason its use should not be extended
beyond September 30, 2011.
Response: Western agrees the APD
should be extended.
Comment: The comment raised a
concern about the Federal Register
notice. In particular, while the
commenter understands that in drafting
Federal Register notices brevity
sometimes begets generalities, the
commenter requested that in future
Federal Register notices Western be
more descriptive and provide a more
accurate representation of Reclamation
Law rather than general statements.
Response: Western appreciates the
commenter’s point that individual
projects have unique attributes defined
by specific legislation. Reclamation
Laws are not a single act, but rather are
comprised of numerous acts for
multiple projects. The Department of
the Interior has a publication that spans
five volumes and two supplements
annotating Reclamation Laws.20 Within
the confines of a Federal Register notice
for the Paperwork Reduction Act, it
would be impractical to delve into the
nuances of provisions contained in
multiple acts for multiple projects
located within Western’s service region.
As stated in the 60-day Federal Register
notice, Reclamation Laws are a series of
laws arising from the Desert Land Act of
1872 and include but are not limited to:
the Desert Land Act of 1872,
17 See
5 U.S.C. 552(a).
5 U.S.C. 552. Western reserves the right to
redact information to protect confidential or
sensitive information, as provided under FOIA.
19 See 76 FR 19067 (2011).
20 See Federal Reclamation and Related Laws
Annotated, (1972), as supplemented (2001).
18 See
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Reclamation Act of 1902, Reclamation
Project Act of 1939, and the acts
authorizing each individual project,
such as the Central Valley Project (CVP)
Reauthorizing Act of 1937.21 Each
project also may be comprised of
additional components. Given the APD
spans all of Western’s regions and its
multiple projects, Western’s Federal
Register notice was necessarily of wide
applicability. Furthermore, for a
Paperwork Reduction Act process, given
the sheer volume of Reclamation Laws,
it is impractical to identify the statutory
authority for each and every project and
each and every project component.
Western has included and will continue
to include phrases such as ‘‘including,’’
‘‘but not limited to,’’ and ‘‘for instance’’
in future Federal Register notices that
have general applicability to the
multiple projects throughout Western’s
regions.
Comment: The comment also
mentioned concerns regarding the
potential impact general statutory
references in this proceeding could have
on pending legislation related to the
remarketing of the Boulder Canyon
Project in the United States Congress.
Response: As mentioned in the
response above, Western believes use of
general statutory references is necessary
in this Federal Register notice given the
broad applicability of the APD. The
Boulder Canyon Project remarketing
effort is outside the scope of this process
and any concerns about the impact of
general statutory references of this
Federal Register’s process should be
addressed in that proceeding.
IV. Purpose of Proposed Collection
The APD is necessary for the proper
performance of Western’s functions.
Western markets a limited amount of
Federal power. Western has discretion
to determine who will receive an
allocation. Due to the high demand for
Western’s power and limited amount of
available power, Western needs to be
able to collect information to evaluate
who will receive an allocation. As a
result, the information Western collects
is both necessary and useful.
This public process only determines
what type of information Western will
collect in the APD from an entity
applying for a Federal power allocation.
The information Western proposes to
collect is voluntary. Western will use
the information collected in the APD
(and has used the information collected
under the current OMB-approved
21 See
Ch. 107, 19 stat. 377 (1872), Ch. 1093, 32
Stat. 388 (1902), Ch, 418, 53 Stat. 1187 (1939), ch.
832, 50 Stat. 844, 850 (1937), all as amended and
supplemented.
PO 00000
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Fmt 4703
Sfmt 4703
control number), in conjunction with its
marketing plan, to determine an entity’s
eligibility and, ultimately, who will
receive an allocation of Federal power.
Western will issue a Call for
Applications as part of its marketing
plan, which will occur through a
separate process. The actual allocation
of power is outside the scope of this
proceeding.
V. Information Western Proposes To
Continue To Collect
A. Applicant Profile Data (APD)
Western has submitted to OMB the
request to extend Western’s APD. As
part of this process, Western has
identified what it believes is the
minimum amount of information
Western needs for its regional offices to
properly perform the functions of the
agency. Due to the variations that may
develop in each region, the region,
through its marketing plan, may
determine that it does not need all of the
information contained in the APD. As a
result, Western proposes to allow each
region to use subsets of the form, where
one region’s APD may request less
information than another region’s APD.
Rather than over collect unnecessary
information, Western seeks to collect
only the minimal amount of information
it needs. Western evaluated the
possibility of using the same APD form
but instructing applicants to fill out
only certain sections. This approach
could lead to an applicant ignoring or
misunderstanding Western’s
instructions and providing unnecessary
information. Using a subset of
information will lead to a more
consistent process and will minimize
the time an applicant uses to complete
the APD.
To receive an allocation of Federal
power from Western, the applicant must
provide the information requested in the
APD. If the requested information is not
applicable or is not available, the
applicant will note it on the APD.
Western will request, in writing,
additional information from any
applicant whose application is
deficient. Western will notify the
applicant when the application is due.
In the event an applicant fails to provide
sufficient information to allow Western
to make a determination regarding
eligibility by the due date, the
application will not be considered.
B. Form of APD
A copy of the APD is available on
Western’s Web site at https://
www.wapa.gov.
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VI. Paperwork Reduction Requirements
A. Introduction
1. OMB Number: Western’s existing
OMB Number is 1910–5136. This
number is displayed on the front page
of the APD. It expires on September 30,
2011.
2. Title: Applicant Profile Data.
3. Type of Review: Western is seeking
to extend its APD for 3 years.
4. Purpose: The APD is necessary for
the proper performance of Western’s
functions. Western markets a limited
amount of Federal power. Western has
discretion to determine who will receive
an allocation. Due to the high demand
for Western’s power and limited amount
of available power under established
marketing plans, Western needs to be
able to collect information to evaluate
who will receive an allocation. As a
result, the information Western collects
is both necessary and useful. This
public process only determines the
information Western will collect in its
application. The actual allocation of
Federal power will be done through a
separate process and is outside the
scope of this proceeding.
5. Respondent: The response is
voluntary. However, if an entity seeks
an allocation of Federal power, the
applicant must submit an APD. Western
has identified the following class of
respondents as the most likely to apply:
municipalities, cooperatives, public
utilities, irrigation districts, Native
American Tribes, and Federal and State
agencies. The respondents will be
located in Arizona, California, Colorado,
Iowa, Kansas, Minnesota, Montana,
Nebraska, Nevada, New Mexico, North
Dakota, South Dakota, Texas, Utah, and
Wyoming.
6. Estimated Number of Respondents.
Depending on the amount of power that
becomes available for allocation,
Western anticipates it could receive
approximately 100 requests for power
during the 3-year period when the OMB
Clearance Number is in effect. Western
does not anticipate annual responses.
The responses will be periodic and
occur when Western has power
available under an allocation process.
7. Number of Burden Hours:
a. Initial Application: Western
anticipates that it will take less than 8
hours to complete the APD. Once the
respondent completes the APD, it will
submit the APD to Western for
Western’s review. After submitting the
APD, provided the APD is complete and
no clarification is required, Western
does not anticipate requiring any further
information for the APD from the
applicant, unless the applicant is
successful in obtaining a power
allocation. The applicant submits only
one APD. It does not submit an APD
every year. If the applicant receives a
power allocation, the applicant will
need to complete a standard contract to
receive its power allocation. Western’s
standard contract terms are outside the
scope of this process.
b. Recordkeeping: There is no
mandatory recordkeeping requirement
on the applicant if it does not receive an
allocation of Federal power. In such
case, any recordkeeping of the APD by
a respondent is voluntary. For those
entities that receive a Federal power
allocation, Western requires the
successful applicant keep the
information for 3 years after the
applicant signs its Federal power
contract. The 3-year, record retention
policy will allow Western sufficient
time to administer the contract and to
ensure the applicant provided factual
information in its application. A 3-year
record retention policy will have little
impact on most businesses in the
electric utility industry. Western
anticipates that it would take less than
1 hour per successful candidate, per
year, for recordkeeping purposes.
Western anticipates that in a 3-year
period, Western will have
approximately 30 successful applicants.
c. Methodology: Based on the total
number of burden hours and the total
number of applications described above,
Western expects that over a 3-year
period, the total burden hours to
complete the APD is 800 hours (100
applicants over 3 years × 8 hours per
applicant). This converts to an annual
hourly burden of 266.667 hours. An
entity will only complete the APD once.
It is not required each year.
Based on the above, Western
anticipates that there will be additional
cost burdens for recordkeeping of 1 hour
per year for each who receives a Federal
power allocation. Western anticipates
that over the course of 3 years there will
be 30 successful applicants. The power
may be allocated in year 1, year 2 or
year 3. For the purposes of determining
the cost burden, Western will presume
all 30 applicants received an allocation
in year 1. As a result, the annual hourly
burden for recordkeeping is 30 hours.
For the purposes of this cost burden
analysis, Western is assuming that a
utility staff specialist will complete the
APD. Western estimates a utility staff
specialist rate, including administrative
overhead, to be approximately $108/
hour. For recordkeeping, Western
estimates an administrative support rate
of $54/hour. Based on the above,
Western estimates the total annual cost
as (266.667 hour/year × $108/hour) +
(30 hour/year × $54/hour) = $30,420.00
per year.
Using the above estimates, on a per
applicant basis, assuming the applicant
receives a Federal power allocation, the
total cost for the applicant over a 3-year
period is $1026. The cost to complete
the APD is a onetime cost of $864. In
addition to the onetime cost, the
applicant, if it successfully receives a
power allocation, will incur an
additional expense of 1 hour for
recordkeeping per year × $54 per hour
for a total recordkeeping cost of $162 for
3 years.
d. Summary of Burdens:
TABLE 1—ANNUAL HOUR BURDEN ESTIMATES
Number of
respondents
Activity
Number of
responses per
respondent
Average
burden hour
per response
Sub-total
burden hours
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APD ................................................................................................................
Recordkeeping ...............................................................................................
33.333
30
1
1
8
1
266.67
30.00
Total Burden ...........................................................................................
..........................
........................
........................
296.67
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TABLE 2—ANNUAL COST BURDEN ESTIMATE
Number of
respondents
Instrument
Number of
responses per
respondent
Average
annual burden
hour
Cost per
burden hour
Cost per
response
Sub-total
cost
Prepare APD ..........................................
Recordkeeping .......................................
33.333
30
1
1
8
1
$108
54
$864.00
54.00
$28,800
1,620.00
Total Cost .......................................
..........................
........................
........................
........................
........................
30,420
The procedure and process for the
allocation of power shall be the subject
matter of a separate notice and is
outside the scope of this process.
B. Does the collection of data avoid
unnecessary duplication?
To avoid unnecessary duplication,
only entities that desire a new Western
allocation are required to submit an
APD.
As it relates to each of the
components of the APD, there is no
duplication. Section 1 is information
Western needs to determine who the
applicant is, whether the applicant is a
statutorily-defined preference entity,
and whether the applicant is ready,
willing, and able to receive and/or
distribute Federal power. Section 2
identifies the amount of Federal power
that the applicant requests. Section 3
identifies the applicant’s loads. Section
4 identifies the applicant’s resources.
Section 5 identifies the applicant’s
transmission delivery arrangements
necessary to receive Federal power.
Section 6 is voluntary and provides the
applicant with the ability to provide any
additional information. Section 7 is an
attestation that the information
provided is true and accurate to the best
of the applicant’s knowledge.
srobinson on DSK4SPTVN1PROD with NOTICES
C. Does the collection reduce the burden
on the respondent, including small
entities, to the extent practicable and
appropriate?
The information requested is the
minimum amount of information to
determine whether the applicant
qualifies as a statutorily-defined
preference entity and is ready, willing,
and able to receive an allocation of
Federal power.
D. Does the collection use plain,
coherent, and unambiguous language
that is understandable to the
respondent?
The collection uses plain, coherent,
and unambiguous language that is
understandable to the target audience.
The terms are those used in the electric
utility industry. Western does not
market power to individual members of
the public such as homeowners or
shopkeepers. Preference entities are
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15:59 Aug 10, 2011
Jkt 223001
statutorily-designated potential
customers who generally are involved in
the power business. As a result, the
language used in the application is
understandable to the target audience.
E. Is the collection consistent with and
compatible with the respondent’s
current reporting and recordkeeping
practices to the maximum extent
practicable?
The information collection is
voluntary. Western will use the
information to determine whether an
applicant qualifies as a preference entity
to receive an allocation of Federal
power. As discussed above, there is no
mandatory recordkeeping requirement
on the applicant if it does not receive an
allocation of Federal power. For those
entities that receive a Federal power
allocation, Western requires that they
keep the information for 3 years after
Western grants the power allocation and
the applicant signs a Federal power
contract. The proposed 3-year record
retention policy for such applicants
would allow Western sufficient time to
administer the contract and to ensure
the applicant provided factual
information in its application. Western
anticipates that a 3-year record retention
policy will have little impact on most
businesses in the power industry who
will keep the APD as part of their
normal business records. The procedure
and process for the allocation of power
shall be the subject matter of a separate
notice and is outside the scope of this
process.
F. Does the collection indicate the
retention period for any recordkeeping
requirements for the respondent?
The APD identifies that there is no
recordkeeping requirement for the
respondent if it does not receive an
allocation of Federal power. It also
identifies that applicants who receive an
allocation of Federal power must retain
the records for 3 years.
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Fmt 4703
Sfmt 4703
G. Does the collection inform the public
of the information the public needs to
exercise scrutiny concerning the agency
need to collect information (the reasons
the information is collected, the way it
is used, an estimate of the burden,
whether the response is voluntary,
required to obtain a benefit, or
mandatory and a statement that no
person is required to respond unless a
valid OMB control number is
displayed)?
If an entity desires a Federal power
allocation from Western, Western needs
certain information to determine
whether the entity is eligible to receive
power. Western has a limited amount of
power available. Western uses its
discretion in allocating power. In order
to use its discretion in allocating power,
Western will use the information
collected on the application. Western
will not accept incomplete applications.
Western will work with Native
American Tribes and other entities that
may need assistance in completing the
application. No person is required to
submit any information unless a valid
OMB control number is displayed. No
person is required to submit any
information unless they desire a Federal
power allocation.
H. Is the collection developed by an
office that has planned and allocated
resources for the efficient and effective
management and use of the information
collected?
Western’s power marketing offices
will administer and evaluate the
applications. Use and management of
the collected information has been
factored into each office’s functions and
resource requirements. Historically,
Western has requested the same relative
information from applicants and
effectively used Western resources to
utilize and manage the information in
its determinations. Each power
marketing office will make a
recommendation to Western’s
Administrator on which applicant(s)
should be awarded a Federal power
allocation based on the information
contained in the APD. Western’s
Administrator shall use his discretion in
the final power allocations. The
E:\FR\FM\11AUN1.SGM
11AUN1
Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices
procedure and process for the allocation
of power shall be the subject matter of
a separate notice and is outside the
scope of this process.
I. Does the collection use effective and
efficient statistical survey methods?
Since the information collected is
used to determine whether an applicant
receives an allocation of Federal power,
this section is inapplicable.
J. Does the collection use information
technology to the maximum extent
practicable to reduce the burden and to
improve data quality, agency efficiency,
and responsiveness to the public?
The APD will be accessible for
downloading via Western’s Web site.
Western will accept electronic-mail
submission of the APD, as well as
submission via fax or regular mail. At
this time, applicants cannot enter the
information on Western’s Web site;
however, Western is in the process of
developing an online form.
VII. Invitation for Comments
Western invites public comment on
its request to extend its APD that
Western submitted to OMB pursuant to
the Paperwork Reduction Act of 1995.
The Paperwork Reduction Act requires
OMB to make a decision on the ICR
within 60 days after this publication or
receipt of the proposed collection of
information, whichever is later.22
Comments should be sent directly to the
addresses listed in the ADDRESSES
section above.
Issued in Lakewood, CO on August 4,
2011.
Timothy J. Meeks,
Administrator.
[FR Doc. 2011–20400 Filed 8–10–11; 8:45 am]
BILLING CODE 6450–01–P
FEDERAL RESERVE SYSTEM
Proposed Agency Information
Collection Activities; Comment
Request
Board of Governors of the
Federal Reserve System.
SUMMARY: Background. On June 15,
1984, the Office of Management and
Budget (OMB) delegated to the Board of
Governors of the Federal Reserve
System (Board) its approval authority
under the Paperwork Reduction Act
(PRA), as per 5 CFR 1320.16, to approve
of and assign OMB control numbers to
collection of information requests and
requirements conducted or sponsored
by the Board under conditions set forth
srobinson on DSK4SPTVN1PROD with NOTICES
AGENCY:
22 See
5 CFR 1320.10(b).
VerDate Mar<15>2010
15:59 Aug 10, 2011
Jkt 223001
in 5 CFR 1320 Appendix A.1. Boardapproved collections of information are
incorporated into the official OMB
inventory of currently approved
collections of information. Copies of the
Paperwork Reduction Act Submission,
supporting statements and approved
collection of information instruments
are placed into OMB’s public docket
files. The Federal Reserve may not
conduct or sponsor, and the respondent
is not required to respond to, an
information collection that has been
extended, revised, or implemented on or
after October 1, 1995, unless it displays
a currently valid OMB control number.
Request for Comment on Information
Collection Proposal
The following information collection,
which is being handled under this
delegated authority, has received initial
Board approval and is hereby published
for comment. At the end of the comment
period, the proposed information
collection, along with an analysis of
comments and recommendations
received, will be submitted to the Board
for final approval under OMB delegated
authority. Comments are invited on the
following:
a. Whether the proposed collection of
information is necessary for the proper
performance of the Federal Reserve’s
functions; including whether the
information has practical utility;
b. The accuracy of the Federal
Reserve’s estimate of the burden of the
proposed information collection,
including the validity of the
methodology and assumptions used;
c. Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
d. Ways to minimize the burden of
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology.
DATES: Comments must be submitted on
or before October 11, 2011.
ADDRESSES: You may submit comments,
identified by FR Y–10, FR Y–10E, FR
Y–6, and FR Y–7, by any of the
following methods:
• Agency Web Site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
regs.comments@federalreserve.gov.
Include docket number in the subject
line of the message.
• Fax: 202/452–3819 or 202/452–
3102.
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
49769
• Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551.
All public comments are available from
the Board’s Web site at https://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information. Public comments
may also be viewed electronically or in
paper form in Room MP–500 of the
Board’s Martin Building (20th and C
Streets, NW.) between 9 a.m. and 5 p.m.
on weekdays.
Additionally, commenters should
send a copy of their comments to the
OMB Desk Officer by mail to the Office
of Information and Regulatory Affairs,
U.S. Office of Management and Budget,
New Executive Office Building, Room
10235, 725 17th Street, NW.,
Washington, DC 20503 or by fax to 202–
395–6974.
FOR FURTHER INFORMATION CONTACT: A
copy of the PRA OMB submission,
including the proposed reporting form
and instructions, supporting statement,
and other documentation will be placed
into OMB’s public docket files, once
approved. These documents will also be
made available on the Federal Reserve
Board’s public Web site at: https://
www.federalreserve.gov/boarddocs/
reportforms/review.cfm or may be
requested from the agency clearance
officer, whose name appears below.
Cynthia Ayouch, Acting Federal
Reserve Board Clearance Officer (202–
452–3829), Division of Research and
Statistics, Board of Governors of the
Federal Reserve System, Washington,
DC 20551. Telecommunications Device
for the Deaf (TDD) users may contact
(202–263–4869), Board of Governors of
the Federal Reserve System,
Washington, DC 20551.
Proposal to approve under OMB
delegated authority the extension for
three years, with revision of the
following reports:
Report title: Report of Changes in
Organizational Structure, Annual Report
of Bank Holding Companies, and
Annual Report of Foreign Banking
Organizations.
Agency form number: FR Y–10,
FR Y–6, and FR Y–7.
OMB control number: 7100–0297.
Frequency: FR Y–10: Event-generated;
FR Y–6 and FR Y–7: Annual.
Reporters: Bank holding companies
(BHCs), foreign banking organizations
(FBOs), state member banks, Edge and
agreement corporations, and nationally
E:\FR\FM\11AUN1.SGM
11AUN1
Agencies
[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Notices]
[Pages 49764-49769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20400]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Western Area Power Administration
Information Collection Request Extension Submitted to the Office
of Management and Budget (OMB) for Approval Under the Paperwork
Reduction Act
AGENCY: Western Area Power Administration, U.S. Department of Energy.
ACTION: Notice of Extension under the Paperwork Reduction Act Submitted
to OMB for Approval; Request for Comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces that Western Area Power Administration
(Western), an agency within the Department of Energy (DOE), has
submitted an extension to an existing Information Collection Request
(ICR) to the Office of Management and Budget (OMB) for review, comment
and approval as required under the Paperwork Reduction Act of 1995.\1\
The ICR Western seeks to extend its Applicant Profile Data form (APD).
The ICR described below identifies the proposal, including the
anticipated public burdens. On April 6, 2011, Western published a
notice in the Federal Register inviting public comments on the
extension of its existing ICR.\2\ That notice provided a 60-day comment
period. Western included a summary of the comments and responses below.
Western now
[[Page 49765]]
invites interested entities to submit comments to OMB.
---------------------------------------------------------------------------
\1\ See 44 U.S.C. 3501, et seq.
\2\ See 76 FR 19067 (2011).
---------------------------------------------------------------------------
Western is collecting and will continue to collect the data under
its APD to properly perform its function of marketing a limited amount
of Federal hydropower. Western will use the collected data to evaluate
who will receive an allocation of Federal power.
Western notes the Paperwork Reduction Act and associated Federal
Register notice is a process whereby Western obtains approval from OMB
to collect information from the public. It is a legal requirement
Western must comply with before requesting potential preference
customers to submit an application for power. The Paperwork Reduction
Act is not the process where interested parties request an allocation
of Federal power. The allocation of power from Western is outside the
scope of this process and is completed in a separate process by each
Western region, when required.
DATES: To ensure consideration, comments regarding this collection must
be received on or before September 12, 2011. The Paperwork Reduction
Act requires OMB to make a decision on the extension of the ICR within
60 days after this publication or receipt of the proposed collection of
information, whichever is later.
ADDRESSES: Written comments should be sent to: The DOE Desk Officer,
Office of Information and Regulatory Affairs, Office of Management and
Budget, New Executive Office Building, Room 10102, 735 17th Street,
NW., Washington, DC 20503.
With a copy to Western at: PRAcomments@wapa.gov or Western Area
Power Administration, Ronald Klinefelter, 12155 W. Alameda Parkway,
Lakewood, CO 80228.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the APD and instructions should be directed to Western Area
Power Administration, Ronald Klinefelter, (720) 962-7010.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
Reclamation Laws rose from the Desert Land Act of 1872 and include,
but are not limited to: the Desert Land Act of 1872, Reclamation Act of
1902, Reclamation Project Act of 1939, and the Acts authorizing each
individual project such as the Central Valley Project Authorizing Act
of 1937.\3\ The Reclamation Act of 1902 established the Federal
reclamation program.\4\ The basic principle of the Reclamation Act of
1902 was the United States, through the Secretary of the Interior,
would build and operate irrigation works from the proceeds of public
land sales in the 16 arid Western states (a 17th was added later). The
Reclamation Project Act of 1939 expanded the purposes of the
reclamation program and specified certain terms for the Interior's
water and power contracts.\5\ Congress enacted the Reclamation Laws to
enhance navigation and flood protection, reclaim arid lands in the
western United States, and protect fish and wildlife.\6\ Congress,
generally, intended the production of power to be a supplemental
feature of the multi-purpose water projects authorized under the
Reclamation Laws.\7\ No contract entered into by the United States for
power may impair the irrigation purposes.\8\ Section 5 of the Flood
Control Act of 1944 is read in pari materia with Reclamation Laws.\9\
In 1977, the Department of Energy Organization Act transferred the
power marketing functions from the Department of the Interior to
Western.\10\ Pursuant to this authority, Western markets Federal
hydropower. As part of Western's marketing authority, Western needs to
obtain information from interested entities who desire an allocation of
Federal power. The Paperwork Reduction Act requires Western to obtain a
clearance from OMB before collecting certain information.\11\
---------------------------------------------------------------------------
\3\ See Ch. 107, 19 Stat. 377 (1872), Ch. 1093, 32 Stat. 388
(1902), Ch, 418, 53 Stat. 1187 (1939), Ch. 832, 50 Stat. 844, 850
(1937), all as amended and supplemented.
\4\ See Ch. 1093, 32 Stat. 388 (1902), as amended and
supplemented.
\5\ See Ch. 418, 53 Stat. 1187 (1939), as amended and
supplemented.
\6\ See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as amended and
supplemented.
\7\ See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as amended and
supplemented.
\8\ 43 U.S.C. 485h(c).
\9\ See Ch. 665, 58 Stat. 887 (1944), as amended and
supplemented.
\10\ See 42 U.S.C. 7152(a)(1)(E).
\11\ See 44 U.S.C. 3501, et seq.
---------------------------------------------------------------------------
II. Background
Western is a Federal agency under DOE that markets and transmits
wholesale electric power from 56 Federal hydropower plants and one
coal-fired plant. Western sells about 40 percent of regional
hydroelectric generation in a service area that covers 1.3 million
square miles in 15 states.\12\ To deliver this electric power to the
western half of the United States, Western markets and transmits about
10,000 megawatts of hydropower across an integrated 17,000-circuit
mile, high voltage transmission system. Western's statutorily defined
preference customers include municipalities, cooperatives, public
utility and irrigation districts, Federal and State agencies, and
Native American Tribes.\13\ These customers, in turn, provide retail
electric service to millions of consumers in Arizona, California,
Colorado, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New
Mexico, North Dakota, South Dakota, Texas, Utah, and Wyoming.
---------------------------------------------------------------------------
\12\ Western markets power under marketing plans developed
through its offices: the Rocky Mountain Region, Upper Great Plains
Region, Rocky Mountain Region, Sierra Nevada Region and the Colorado
River Storage Project Management Center (Regions).
\13\ See, e.g., 43 U.S.C. 485h(c).
---------------------------------------------------------------------------
As part of its marketing mission, Western needs to continue to
collect information contained in the APD from entities that may be
interested in obtaining a power allocation from Western. Western is
submitting this extension with the accompanying ICR to OMB with this
notice.\14\ Western has analyzed and responded to all comments received
through this process. As required by the Paperwork Reduction Act,
Western is now publishing a notice of its submittal to OMB and
providing a second opportunity to comment.\15\ Such comments should be
sent directly to OMB with a copy to Western at the addresses listed
above.
---------------------------------------------------------------------------
\14\ See 44 U.S.C. 3507.
\15\ See 44 U.S.C. 3506.
---------------------------------------------------------------------------
III. Process
A. Background
On April 6, 2011, in compliance with the Paperwork Reduction Act,
Western published a notice in the Federal Register inviting comments on
extending Western's APD.\16\ As part of that notice, in particular,
Western invited comments on: (1) Whether the proposed continued
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (2) the accuracy of the agency's estimate of
burden, 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 respondents, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology. Western
provided notice that the proposed APD will not be part of a system of
records covered by the
[[Page 49766]]
Privacy Act \17\ and will be available under the Freedom of Information
Act.\18\
---------------------------------------------------------------------------
\16\ See 76 FR 19067 (2011).
\17\ See 5 U.S.C. 552(a).
\18\ See 5 U.S.C. 552. Western reserves the right to redact
information to protect confidential or sensitive information, as
provided under FOIA.
---------------------------------------------------------------------------
In April 2011, Western published a copy of the Federal Register
notice and an invitation for comments on its Web site.\19\ Western sent
a notice to over 850 potentially interested entities and customer
groups, informing them of the publication of the Federal Register
notice and invitational comments. This notice took the form of an e-
mail from Western's Regional Offices located in California, Arizona,
Montana, Colorado and Utah. The notices were sent to stakeholders in
Western's service territory, which includes, but is not limited to,
California, Nevada, Arizona, Utah, New Mexico, Colorado, Wyoming,
Montana, Texas, North Dakota and South Dakota. Western received one
comment letter. Western's responses to the comments are below.
---------------------------------------------------------------------------
\19\ See 76 FR 19067 (2011).
---------------------------------------------------------------------------
B. Response to Comments
Comment: The comment supports the continued use of the APD and sees
no reason its use should not be extended beyond September 30, 2011.
Response: Western agrees the APD should be extended.
Comment: The comment raised a concern about the Federal Register
notice. In particular, while the commenter understands that in drafting
Federal Register notices brevity sometimes begets generalities, the
commenter requested that in future Federal Register notices Western be
more descriptive and provide a more accurate representation of
Reclamation Law rather than general statements.
Response: Western appreciates the commenter's point that individual
projects have unique attributes defined by specific legislation.
Reclamation Laws are not a single act, but rather are comprised of
numerous acts for multiple projects. The Department of the Interior has
a publication that spans five volumes and two supplements annotating
Reclamation Laws.\20\ Within the confines of a Federal Register notice
for the Paperwork Reduction Act, it would be impractical to delve into
the nuances of provisions contained in multiple acts for multiple
projects located within Western's service region. As stated in the 60-
day Federal Register notice, Reclamation Laws are a series of laws
arising from the Desert Land Act of 1872 and include but are not
limited to: the Desert Land Act of 1872, Reclamation Act of 1902,
Reclamation Project Act of 1939, and the acts authorizing each
individual project, such as the Central Valley Project (CVP)
Reauthorizing Act of 1937.\21\ Each project also may be comprised of
additional components. Given the APD spans all of Western's regions and
its multiple projects, Western's Federal Register notice was
necessarily of wide applicability. Furthermore, for a Paperwork
Reduction Act process, given the sheer volume of Reclamation Laws, it
is impractical to identify the statutory authority for each and every
project and each and every project component. Western has included and
will continue to include phrases such as ``including,'' ``but not
limited to,'' and ``for instance'' in future Federal Register notices
that have general applicability to the multiple projects throughout
Western's regions.
---------------------------------------------------------------------------
\20\ See Federal Reclamation and Related Laws Annotated, (1972),
as supplemented (2001).
\21\ See Ch. 107, 19 stat. 377 (1872), Ch. 1093, 32 Stat. 388
(1902), Ch, 418, 53 Stat. 1187 (1939), ch. 832, 50 Stat. 844, 850
(1937), all as amended and supplemented.
---------------------------------------------------------------------------
Comment: The comment also mentioned concerns regarding the
potential impact general statutory references in this proceeding could
have on pending legislation related to the remarketing of the Boulder
Canyon Project in the United States Congress.
Response: As mentioned in the response above, Western believes use
of general statutory references is necessary in this Federal Register
notice given the broad applicability of the APD. The Boulder Canyon
Project remarketing effort is outside the scope of this process and any
concerns about the impact of general statutory references of this
Federal Register's process should be addressed in that proceeding.
IV. Purpose of Proposed Collection
The APD is necessary for the proper performance of Western's
functions. Western markets a limited amount of Federal power. Western
has discretion to determine who will receive an allocation. Due to the
high demand for Western's power and limited amount of available power,
Western needs to be able to collect information to evaluate who will
receive an allocation. As a result, the information Western collects is
both necessary and useful.
This public process only determines what type of information
Western will collect in the APD from an entity applying for a Federal
power allocation. The information Western proposes to collect is
voluntary. Western will use the information collected in the APD (and
has used the information collected under the current OMB-approved
control number), in conjunction with its marketing plan, to determine
an entity's eligibility and, ultimately, who will receive an allocation
of Federal power. Western will issue a Call for Applications as part of
its marketing plan, which will occur through a separate process. The
actual allocation of power is outside the scope of this proceeding.
V. Information Western Proposes To Continue To Collect
A. Applicant Profile Data (APD)
Western has submitted to OMB the request to extend Western's APD.
As part of this process, Western has identified what it believes is the
minimum amount of information Western needs for its regional offices to
properly perform the functions of the agency. Due to the variations
that may develop in each region, the region, through its marketing
plan, may determine that it does not need all of the information
contained in the APD. As a result, Western proposes to allow each
region to use subsets of the form, where one region's APD may request
less information than another region's APD. Rather than over collect
unnecessary information, Western seeks to collect only the minimal
amount of information it needs. Western evaluated the possibility of
using the same APD form but instructing applicants to fill out only
certain sections. This approach could lead to an applicant ignoring or
misunderstanding Western's instructions and providing unnecessary
information. Using a subset of information will lead to a more
consistent process and will minimize the time an applicant uses to
complete the APD.
To receive an allocation of Federal power from Western, the
applicant must provide the information requested in the APD. If the
requested information is not applicable or is not available, the
applicant will note it on the APD. Western will request, in writing,
additional information from any applicant whose application is
deficient. Western will notify the applicant when the application is
due. In the event an applicant fails to provide sufficient information
to allow Western to make a determination regarding eligibility by the
due date, the application will not be considered.
B. Form of APD
A copy of the APD is available on Western's Web site at https://www.wapa.gov.
[[Page 49767]]
VI. Paperwork Reduction Requirements
A. Introduction
1. OMB Number: Western's existing OMB Number is 1910-5136. This
number is displayed on the front page of the APD. It expires on
September 30, 2011.
2. Title: Applicant Profile Data.
3. Type of Review: Western is seeking to extend its APD for 3
years.
4. Purpose: The APD is necessary for the proper performance of
Western's functions. Western markets a limited amount of Federal power.
Western has discretion to determine who will receive an allocation. Due
to the high demand for Western's power and limited amount of available
power under established marketing plans, Western needs to be able to
collect information to evaluate who will receive an allocation. As a
result, the information Western collects is both necessary and useful.
This public process only determines the information Western will
collect in its application. The actual allocation of Federal power will
be done through a separate process and is outside the scope of this
proceeding.
5. Respondent: The response is voluntary. However, if an entity
seeks an allocation of Federal power, the applicant must submit an APD.
Western has identified the following class of respondents as the most
likely to apply: municipalities, cooperatives, public utilities,
irrigation districts, Native American Tribes, and Federal and State
agencies. The respondents will be located in Arizona, California,
Colorado, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New
Mexico, North Dakota, South Dakota, Texas, Utah, and Wyoming.
6. Estimated Number of Respondents. Depending on the amount of
power that becomes available for allocation, Western anticipates it
could receive approximately 100 requests for power during the 3-year
period when the OMB Clearance Number is in effect. Western does not
anticipate annual responses. The responses will be periodic and occur
when Western has power available under an allocation process.
7. Number of Burden Hours:
a. Initial Application: Western anticipates that it will take less
than 8 hours to complete the APD. Once the respondent completes the
APD, it will submit the APD to Western for Western's review. After
submitting the APD, provided the APD is complete and no clarification
is required, Western does not anticipate requiring any further
information for the APD from the applicant, unless the applicant is
successful in obtaining a power allocation. The applicant submits only
one APD. It does not submit an APD every year. If the applicant
receives a power allocation, the applicant will need to complete a
standard contract to receive its power allocation. Western's standard
contract terms are outside the scope of this process.
b. Recordkeeping: There is no mandatory recordkeeping requirement
on the applicant if it does not receive an allocation of Federal power.
In such case, any recordkeeping of the APD by a respondent is
voluntary. For those entities that receive a Federal power allocation,
Western requires the successful applicant keep the information for 3
years after the applicant signs its Federal power contract. The 3-year,
record retention policy will allow Western sufficient time to
administer the contract and to ensure the applicant provided factual
information in its application. A 3-year record retention policy will
have little impact on most businesses in the electric utility industry.
Western anticipates that it would take less than 1 hour per successful
candidate, per year, for recordkeeping purposes. Western anticipates
that in a 3-year period, Western will have approximately 30 successful
applicants.
c. Methodology: Based on the total number of burden hours and the
total number of applications described above, Western expects that over
a 3-year period, the total burden hours to complete the APD is 800
hours (100 applicants over 3 years x 8 hours per applicant). This
converts to an annual hourly burden of 266.667 hours. An entity will
only complete the APD once. It is not required each year.
Based on the above, Western anticipates that there will be
additional cost burdens for recordkeeping of 1 hour per year for each
who receives a Federal power allocation. Western anticipates that over
the course of 3 years there will be 30 successful applicants. The power
may be allocated in year 1, year 2 or year 3. For the purposes of
determining the cost burden, Western will presume all 30 applicants
received an allocation in year 1. As a result, the annual hourly burden
for recordkeeping is 30 hours.
For the purposes of this cost burden analysis, Western is assuming
that a utility staff specialist will complete the APD. Western
estimates a utility staff specialist rate, including administrative
overhead, to be approximately $108/hour. For recordkeeping, Western
estimates an administrative support rate of $54/hour. Based on the
above, Western estimates the total annual cost as (266.667 hour/year x
$108/hour) + (30 hour/year x $54/hour) = $30,420.00 per year.
Using the above estimates, on a per applicant basis, assuming the
applicant receives a Federal power allocation, the total cost for the
applicant over a 3-year period is $1026. The cost to complete the APD
is a onetime cost of $864. In addition to the onetime cost, the
applicant, if it successfully receives a power allocation, will incur
an additional expense of 1 hour for recordkeeping per year x $54 per
hour for a total recordkeeping cost of $162 for 3 years.
d. Summary of Burdens:
Table 1--Annual Hour Burden Estimates
----------------------------------------------------------------------------------------------------------------
Number of Average
Activity Number of responses per burden hour Sub-total
respondents respondent per response burden hours
----------------------------------------------------------------------------------------------------------------
APD............................................. 33.333 1 8 266.67
Recordkeeping................................... 30 1 1 30.00
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Total Burden................................ .............. .............. .............. 296.67
----------------------------------------------------------------------------------------------------------------
[[Page 49768]]
Table 2--Annual Cost Burden Estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Average
Instrument Number of responses per annual burden Cost per Cost per Sub-total
respondents respondent hour burden hour response cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prepare APD............................................. 33.333 1 8 $108 $864.00 $28,800
Recordkeeping........................................... 30 1 1 54 54.00 1,620.00
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Total Cost.......................................... .............. .............. .............. .............. .............. 30,420
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The procedure and process for the allocation of power shall be the
subject matter of a separate notice and is outside the scope of this
process.
B. Does the collection of data avoid unnecessary duplication?
To avoid unnecessary duplication, only entities that desire a new
Western allocation are required to submit an APD.
As it relates to each of the components of the APD, there is no
duplication. Section 1 is information Western needs to determine who
the applicant is, whether the applicant is a statutorily-defined
preference entity, and whether the applicant is ready, willing, and
able to receive and/or distribute Federal power. Section 2 identifies
the amount of Federal power that the applicant requests. Section 3
identifies the applicant's loads. Section 4 identifies the applicant's
resources. Section 5 identifies the applicant's transmission delivery
arrangements necessary to receive Federal power. Section 6 is voluntary
and provides the applicant with the ability to provide any additional
information. Section 7 is an attestation that the information provided
is true and accurate to the best of the applicant's knowledge.
C. Does the collection reduce the burden on the respondent, including
small entities, to the extent practicable and appropriate?
The information requested is the minimum amount of information to
determine whether the applicant qualifies as a statutorily-defined
preference entity and is ready, willing, and able to receive an
allocation of Federal power.
D. Does the collection use plain, coherent, and unambiguous language
that is understandable to the respondent?
The collection uses plain, coherent, and unambiguous language that
is understandable to the target audience. The terms are those used in
the electric utility industry. Western does not market power to
individual members of the public such as homeowners or shopkeepers.
Preference entities are statutorily-designated potential customers who
generally are involved in the power business. As a result, the language
used in the application is understandable to the target audience.
E. Is the collection consistent with and compatible with the
respondent's current reporting and recordkeeping practices to the
maximum extent practicable?
The information collection is voluntary. Western will use the
information to determine whether an applicant qualifies as a preference
entity to receive an allocation of Federal power. As discussed above,
there is no mandatory recordkeeping requirement on the applicant if it
does not receive an allocation of Federal power. For those entities
that receive a Federal power allocation, Western requires that they
keep the information for 3 years after Western grants the power
allocation and the applicant signs a Federal power contract. The
proposed 3-year record retention policy for such applicants would allow
Western sufficient time to administer the contract and to ensure the
applicant provided factual information in its application. Western
anticipates that a 3-year record retention policy will have little
impact on most businesses in the power industry who will keep the APD
as part of their normal business records. The procedure and process for
the allocation of power shall be the subject matter of a separate
notice and is outside the scope of this process.
F. Does the collection indicate the retention period for any
recordkeeping requirements for the respondent?
The APD identifies that there is no recordkeeping requirement for
the respondent if it does not receive an allocation of Federal power.
It also identifies that applicants who receive an allocation of Federal
power must retain the records for 3 years.
G. Does the collection inform the public of the information the public
needs to exercise scrutiny concerning the agency need to collect
information (the reasons the information is collected, the way it is
used, an estimate of the burden, whether the response is voluntary,
required to obtain a benefit, or mandatory and a statement that no
person is required to respond unless a valid OMB control number is
displayed)?
If an entity desires a Federal power allocation from Western,
Western needs certain information to determine whether the entity is
eligible to receive power. Western has a limited amount of power
available. Western uses its discretion in allocating power. In order to
use its discretion in allocating power, Western will use the
information collected on the application. Western will not accept
incomplete applications. Western will work with Native American Tribes
and other entities that may need assistance in completing the
application. No person is required to submit any information unless a
valid OMB control number is displayed. No person is required to submit
any information unless they desire a Federal power allocation.
H. Is the collection developed by an office that has planned and
allocated resources for the efficient and effective management and use
of the information collected?
Western's power marketing offices will administer and evaluate the
applications. Use and management of the collected information has been
factored into each office's functions and resource requirements.
Historically, Western has requested the same relative information from
applicants and effectively used Western resources to utilize and manage
the information in its determinations. Each power marketing office will
make a recommendation to Western's Administrator on which applicant(s)
should be awarded a Federal power allocation based on the information
contained in the APD. Western's Administrator shall use his discretion
in the final power allocations. The
[[Page 49769]]
procedure and process for the allocation of power shall be the subject
matter of a separate notice and is outside the scope of this process.
I. Does the collection use effective and efficient statistical survey
methods?
Since the information collected is used to determine whether an
applicant receives an allocation of Federal power, this section is
inapplicable.
J. Does the collection use information technology to the maximum extent
practicable to reduce the burden and to improve data quality, agency
efficiency, and responsiveness to the public?
The APD will be accessible for downloading via Western's Web site.
Western will accept electronic-mail submission of the APD, as well as
submission via fax or regular mail. At this time, applicants cannot
enter the information on Western's Web site; however, Western is in the
process of developing an online form.
VII. Invitation for Comments
Western invites public comment on its request to extend its APD
that Western submitted to OMB pursuant to the Paperwork Reduction Act
of 1995. The Paperwork Reduction Act requires OMB to make a decision on
the ICR within 60 days after this publication or receipt of the
proposed collection of information, whichever is later.\22\ Comments
should be sent directly to the addresses listed in the ADDRESSES
section above.
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\22\ See 5 CFR 1320.10(b).
Issued in Lakewood, CO on August 4, 2011.
Timothy J. Meeks,
Administrator.
[FR Doc. 2011-20400 Filed 8-10-11; 8:45 am]
BILLING CODE 6450-01-P