Commission Information Collection Activities (FERC-580); Comment Request, 43871-43874 [2013-17414]
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Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Notices
amount of electricity that can be
generated from the feedstock. Because of
its multiple production capabilities, the
plant is referred to as a poly-generation
(or polygen) plant. The project could
generate urea, ammonia, and perhaps
other nitrogenous compounds for sale.
The project’s urea production unit
would use pastillation technology,
which converts urea melt into highquality urea pellets.
The polygen plant would be built on
453-acres of the 1,106-acre site in southcentral California near the
unincorporated community of Tupman,
located approximately 17-miles west of
the city of Bakersfield. The site and
surrounding areas are currently used for
agricultural purposes, including
cultivation of cotton, alfalfa, and onions.
HECA would design and construct the
plant to capture approximately 90
percent of the CO2, equivalent to
approximately 3.4 million tons per year.
During the demonstration phase of the
plant’s operations, the project would
sequester about 2.6 million tons of CO2
per year in EOR operations. The
compressed CO2 would be transported
approximately 4-miles via a new 12inch diameter pipeline to the existing
Elk Hills oil field for use in EOR
operations by a third-party buyer. The
oil field is majority owned and operated
by Occidental of Elk Hills which would
be responsible for the EOR operation.
Approximately 0.4 million tons per year
of CO2 would be utilized in fertilizer
production. Following the
demonstration phase, the polygen plant
would continue commercial operation
for 30 to 50 years and would continue
to capture its CO2 for EOR.
The PSA/DEIS evaluates the potential
impacts of the proposed project,
connected actions (EOR, utility, rail
spur), and reasonable alternatives. The
PSA/DEIS includes an assessment of
impacts to wetlands in accordance with
DOE regulations for Compliance with
Floodplains and Wetlands
Environmental Review Requirements
(10 CFR Part 1022) and the Draft
General Conformity Analysis required
under the Clean Air Act.
DOE analyzed two alternatives in the
draft PSA/DEIS: the Proposed Action
and the No Action Alternative. Under
the Proposed Action, DOE would
provide approximately $408 million in
cost-shared funding under the CCPI
program to the proposed project. Under
the No Action Alternative, DOE would
not continue funding the proposed
project. DOE assumes that the project
would not proceed without DOE
funding. This option would not
contribute to the goal of the CCPI
program, which is to accelerate
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commercial deployment of advanced
coal technologies that provide the
United States with clean, reliable, and
affordable energy. As required by NEPA,
DOE analyzes this option as the No
Action Alternative in order to have a
meaningful comparison between the
impacts of DOE providing financial
assistance and withholding that
assistance. DOE recognizes that it is
possible for the project to proceed
without DOE funding. However, for
purposes of this draft PSA/DEIS, DOE
assumes that the project would not be
built under the No Action Alternative.
The PSA/DEIS considers the
environmental consequences that may
result from the proposed project and
describes additional mitigation that
might be used to reduce various
impacts.
Availability of the PSA/DEIS: Copies
of the PSA/DEIS have been distributed
to Members of Congress; Native
American tribal governments; federal,
state, and local officials; and agencies,
organizations, and individuals who
previously requested a copy. The PSA/
DEIS is available on the Internet at
https://www.energy.gov/nepa or on the
CEC electronic docket site at https://
www.energy.ca.gov/sitingcases/
hydrogen_energy/. Copies of the PSA/
DEIS are available for public review at
the following locations: Beale Memorial
Library, 701 Truxtun Avenue,
Bakersfield, CA 93301; HollowayGonzales Branch Library, 506 E.
Brundage Lane, Bakersfield, CA 93307;
and Southwest Memorial Library, 8301
Ming Avenue, Bakersfield, CA 93301.
Additional copies can also be requested
(see ADDRESSES).
Public Hearing: DOE and CEC will
hold a public hearing(s) during the
public comment period. The date(s),
time(s), and location(s) of these public
hearings will be published in The
Bakersfield Californian at least 14 days
prior to the hearings. This information
will also be posted on CEC’s Web site
at https://www.energy.ca.gov/sitingcases/
hydrogen_energy/.
Dated: July 17, 2013.
Mark J. Matarrese,
Director, Office of Environment, Security,
Safety & Health, Office of Fossil Energy.
[FR Doc. 2013–17507 Filed 7–19–13; 8:45 am]
BILLING CODE 6450–01–P
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC13–13–000]
Commission Information Collection
Activities (FERC–580); Comment
Request
Federal Energy Regulatory
Commission.
ACTION: Comment request.
AGENCY:
In compliance with the
requirements of the Paperwork
Reduction Act of 1995, 44 U.S.C.
3507(a)(1)(D), the Federal Energy
Regulatory Commission (Commission or
FERC) is submitting the information
collection, FERC Form No. 580
(Interrogatory on Fuel and Energy
Purchase Practices), 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
(78 FR 26766, 5/8/2013) requesting
public comments. FERC received two
comments on the FERC–580. FERC
addresses these comments in this notice
and in its submittal to OMB.
DATES: Comments on the collection of
information are due by August 21, 2013.
ADDRESSES: Comments filed with OMB,
identified by the OMB Control No.
1902–0137, should be sent via email to
the Office of Information and Regulatory
Affairs: oira_submission@omb.gov.
Attention: Federal Energy Regulatory
Commission Desk Officer. The Desk
Officer may also be reached via
telephone at 202–395–4718.
A copy of the comments should also
be sent to the Federal Energy Regulatory
Commission, identified by the Docket
No. IC13–13–000, by either of the
following methods:
• eFiling at Commission’s Web site:
https://www.ferc.gov/docs-filing/
efiling.asp.
• Mail/Hand Delivery/Courier:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
Instructions: All submissions must be
formatted and filed in accordance with
submission guidelines at: https://
www.ferc.gov/help/submissionguide.asp. For user assistance contact
FERC Online Support by email at
ferconlinesupport@ferc.gov, or by phone
at: (866) 208–3676 (toll-free), or (202)
502–8659 for TTY.
SUMMARY:
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Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Notices
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov/docsfiling/docs-filing.asp.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov, by
telephone at (202) 502–8663, and by fax
at (202) 273–0873.
SUPPLEMENTARY INFORMATION:
Title: Interrogatory on Fuel and
Energy Purchase Practices (FERC Form
No. 580),
OMB Control No.: 1902–0137.1
Type of Request: Three-year approval
of the FERC Form No. 580.
Abstract: FERC Form No. 580 is
collected in even numbered years. The
Public Utility Regulatory Policies Act
(PURPA) 2 amended the Federal Power
Act (FPA) and directed the Commission
to make comprehensive biennial
reviews of certain matters related to
automatic adjustment clauses (AACs) 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 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 AACs ‘‘to insure efficient
use of resources under such clauses.’’ 3
In response to the PURPA directive, the
Commission (Docket Number IN79–6–
000) established an investigation.
Beginning in 1982, the Commission
collected ‘‘Interrogatory on Fuel and
Energy Purchase Practices’’ data every
other year.
In 2010, the Commission redesigned
the form to collect the information
electronically through use of a standard
form. Based on filer comments in
response to the new electronic form
used in the 2010 and 2012 collections,
FERC recommends the following
changes to the form:
Question 1
—Repair the email field to eliminate
error messages.
Question 2
—Add a column labeled ‘‘Is this AAC a
fuel adjustment clause?’’
—Add a column labeled ‘‘Tariff volume
number containing’’. This information
will aid staff in locating AACs.
—Remove the column and, thus, the
request for information titled:
Æ ‘‘Type/s of AAC’’
Æ ‘‘Type of costs that were passed
through the AAC—if fuel, state fuel
type’’
There has been an increasing number
of AAC-related cost types. This field
makes it difficult for Commission staff
to repopulate the dropdowns for this
column without additional OMB
approval. The information otherwise
gained from respondents supplying the
information collected in these columns
will not be lost. Staff will locate and
recover the information from
Commission rate filings by using the
AAC identification information given by
respondents in the first three columns of
Question 2.
—Rename Question 2 columns as
follows to correct typographical
errors:
From
To
Identify service agreement within rate schedule containing AAC ............
Identify service schedule, if any, where the AAC is located within the
rate schedule.
Was rate schedule superseded or abandoned during 2012–2013?
If rate schedule superseded or abandoned during 2012–2013 ...............
Additional changes to Question 2
table:
—Add a check box to enable the utility
to indicate that it had no nontransmission related AACs during the
reporting years, if the situation
applies. This box, when checked,
clearly indicates that there were no
AACs to report.
—Add a ‘‘Copy Row’’ button to facilitate
data entry.
We are further reducing the amount of
information required for AACs that are
not fuel adjustment clauses. Utilities
with no fuel adjustment clauses only
need to respond to questions 1 and 2.
Utilities with a FAC will continue to
complete the entire form.
Question 3
—Reword the question from:
To
If during the 2010 and 2011 period, the Utility had any contracts or
agreements for the purchase of either energy or capacity under
which all or any portion of the purchase costs were passed through
the AAC, for each purchase provide the information requested in the
table below. Provide the information separately for each reporting
year 2010 and 2011. Do not report purchased power where none of
the costs were recovered through an AAC.
tkelley on DSK3SPTVN1PROD with NOTICES
From
If during the 2012–2013 period, the Utility had any contracts or agreements for the purchase of either energy or capacity under which all
or any portion of the purchase costs were passed through a fuel adjustment clause (FAC), for each purchase from a PURPA Qualifying
Facility (QF) or Independent Power Producer (IPP) provide the information requested in the non-shaded columns of the table below.
Provide the information separately for each reporting year 2012 and
2013. Do not report purchased power where none of the costs were
recovered through an FAC. For each purchase where costs were
flowed through an FAC, fill-in the non-shaded columns and either
‘‘Only energy charges’’ or ‘‘The total cost of the purchase of economic power’’ columns, whichever apply.
The Commission is only interested in
QF and IPP information here and not
every power purchase contracts/
agreement. The language will be similar
to what was used in Form No. 580
interrogatories prior to 2010.
—Remove the request for information
and thus the columns titled:
Æ Was an after-the-fact comparison
1 In the 60-day public notice the Commission
indicated that the control number was 1902–0131.
The number shown here is the correct number for
this collection.
2 Enacted November 8, 1978
3 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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made of actual avoided costs
against the purchase costs?
Æ Were purchases made on an hourly
economic dispatch basis?
From the information provided in the
2010 and 2012 filings the Commission
has found that it can fully evaluate
regulatory compliance without this
information.
Question 6
Change the question as follows:
From
To
For each fuel supply contract, where costs were subject to 18 CFR
35.14, (including informal agreements with associated companies), in
force at any time during 2012 and/or 2013, of longer than one year in
duration, provide the requested information. Report the data individually, for each contract, for each calendar year. [No response to any
part of Question 6 for fuel oil no. 2 is necessary.] Report all fuels
consumed for electric power generation and thermal energy associated with the production of electricity. Information for only coal, natural gas, and oil should be reported. Information for all fuels e.g. fossil fuels, wood chips), except Uranium, should be reported.
For each fuel supply contract, of longer than one year in duration, in
force at any time during 2012 and/or 2013, where costs were subject
to 18 CFR 35.14, (including informal agreements with associated
companies), provide the requested information. Report the data individually for each contract for each calendar year. No response to
any part of Question 6 for fuel oil no. 2 is necessary. Report all fuels
consumed for electric power generation and thermal energy associated with the production of electricity. Information for only coal, natural gas, and oil should be reported.
—As with the request for transportation
information that was eliminated in
2010, the Commission has found
alternative information sources and
analytical approaches sufficient to
eliminate the request for fuels other
than coal, natural gas and oil.
—Add a ‘‘Copy Contract’’ button.
Question 6a
—Add a column labeled ‘‘Is contract
evergreen?’’.
—Add a column labeled ‘‘Pipeline
quality? (Y/N)’’.
Question 6b
—Add a new column to the fuel
quantity section labeled: ‘‘Coal (x103
tons) not delivered by end of contract
year.’’
—Add a column labeled ‘‘Pipeline
quality? (Y/N)’’.
Questions 7 and 8. There are no
proposed changes.
Glossary: Define Evergreen contracts
as follows: Evergreen contract: a
contract that is renewed automatically
or by notice from year to year until
canceled by either party.
Access to the Revised Materials: A
copy of the form, desk reference, and
glossary are attached to this docket as
part of the 60-day Federal Register
notice issued by the Commission on
May 2, 2013 but they are not included
in the Federal Register.4 Interested
parties can see the form electronically as
part of this notice in FERC’s eLibrary
(https://www.ferc.gov/docs-filing/
elibrary.asp) by searching Docket No.
IC13–13–000 and accessing the ‘‘FILE
LIST’’ for the May 2 notice.
Interested parties may also request
paper or electronic copies of the form
and desk reference by contacting Ellen
Brown, by telephone at (202) 502–8663,
by fax at (202) 273–0873, or by email at
DataClearance@ferc.gov.
Type of Respondents: Large FERCjurisdictional electric public utilities.
Estimate of Annual Burden: 5 The
Commission estimates the total Public
Reporting Burden for this information
collection as:
FERC FORM NO. 580 (IC13–13–000): INTERROGATORY ON FUEL AND ENERGY PURCHASE PRACTICES
Number of
respondents
Number of
responses per
respondent
Total number
of responses
Average
burden hours
per response
Estimated
total annual
burden 6
(A)
(B)
(A) × (B) = (C)
(D)
(C) × (D)
37
10
35
0.5
0.5
0.5
18.5
5
17.5
103
20
2
1,905.5
100
35
Total ..............................................................................
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Respondents with FACs ......................................................
Respondents with AACs, but no FACs ...............................
Respondents with no AACs nor FACs ................................
........................
........................
........................
........................
2,040.5
Despite the changes to the Form 580,
burden estimates per response for each
entity will not change from previously
approved amounts. The burden estimate
may vary by utility depending on
whether the utility has or does not have
an automatic adjustment clause and
depending on whether or not those
utilities with adjustment clauses allow
automatic adjustment of fuel cost.
The total estimated annual cost burden
to respondents is $142,835. [2040.5
hours * $70/hour 7 = $142,835]
The estimated annual cost of filing the
FERC Form 580 per response is
$1,742. [$142,835 ÷ 82 responses =
$1,742/response]
4 The form attached to the 60-day notice is for
illustrative purposes only and does not include all
the interactive features of the actual form. For a
copy of the actual form, please contact Ellen Brown
as indicated in this notice.
5 Burden is defined as the total time, effort, or
financial resources expended by persons to
generate, maintain, retain, or disclose or provide
information to or for a Federal agency. For further
explanation of what is included in the information
collection burden, reference 5 CFR 1320.3.
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Public Comments and FERC
Responses: Comments filed by the
public in response to the FERC Form
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No. 580 Federal Register Notice of
Information Collection and Request for
Comments and FERC’s response to those
comments is provided below. For more
detailed information regarding this
collection of information, please see the
Commission’s submission at https://
www.reginfo.gov/public/do/PRAMain,
scroll to ‘‘Currently under Review’’, key
in ‘‘Federal Energy Regulatory
6 The Form itself is only collected biennially but
the data on the form is annual data. Therefore we
maintain the convention of showing burden on an
annual basis.
7 FY2013 Estimated Average Hourly Cost per
FERC FTE, including salary + benefits.
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Commission’’ and scroll to 1902–0137,
‘‘Interrogatory on Fuel and Energy
Purchase Practices’’.
tkelley on DSK3SPTVN1PROD with NOTICES
Question 6b Additional Data Requested
Southern Company Services, Inc.
(SCS) requests clarification addressing
why the Commission proposes to add a
new column in Question 6b titled ‘‘Coal
(x103 tons) not delivered by end of
contract year.’’ SCS states that proper
contextualization of annual variances
between actual deliveries and contract
quantities could impact confidential
negotiations, and that it is commercially
sensitive business information. Further,
SCS states that the efficiencies gained
by the other revisions proposed by the
Commission are outweighed by the
addition of this new column. SCS states
that if the Commission deems that such
inquiry is appropriate for Form 580, that
the Commission provide more context
around its intent in proposing such an
addition.
FERC Response: The proposal to add
the new column to Question 6b
originated with the Form 580 filers.
Their issue is that it is not possible in
the current form, to report coal
delivered in, for example, 2012 under a
2011 contract. Without the new column,
the Commission would have no way of
knowing that a delivered coal quantity
less than its contract quantity was coal
truly not delivered, and that it wasn’t
merely a typographical error in the
form. Likewise, the Commission would
assume all coal reported as delivered,
was delivered during the contract year
when it may not have been but was
reported as delivered because there was
no means provided in the form to report
that it was not delivered. Not having the
information that the column would
provide, potentially results in
assumptions leading to skewed data
calculations. Further, coal contract
amounts, delivery amounts, and
shortage amounts have been determined
by OMB for decades to be public
information. In addition, the data
requested in the new column are data
routinely calculated by the utility and
are readily available to enter into the
form. Lastly, given the information that
the Commission proposes to eliminate
from the Form 580 for the 2014
reporting cycle, the reporting burden
will not increase by adding this one
column.
De Minimis Benchmarks
Pacific Gas and Electric Company
(PG&E) requests de minimis benchmarks
from the Commission so that filers will
know whether they are required or not
to answer a question in the form
without filing for a waiver.
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FERC response: In some cases, the
Commission has found it unnecessarily
burdensome for utilities to answer a
particular question based on the
information gained from doing so. Not
surprisingly, the de minimis
determination requires a case-specific
analysis using a utility-by-utility
approach. Any utility that believes that
its burden is not worth the information
that the Commission would gain is
welcome to request a waiver and in
doing so provide detailed case-specific
information supporting its claim. This
has been the procedure used in prior
years by the Commission and is
approved by OMB.
‘‘Type of Request’’
PG&E also requests clarification of the
term ‘‘Type of Request’’ stated at page
2 of FERC’s Notice.
FERC response: OMB requires
approval/renewal of approvals of all
collections of information every three
years. The three year period does not
refer to the collection frequency, but the
period of time beyond which OMB’s
approval of a collection of information
would expire if not renewed.
Dated: July 15, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013–17414 Filed 7–19–13; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP13–514–000]
Texas Eastern Transmission, LP;
Notice of Application
On July 2, 2013, Texas Eastern
Transmission, LP (Texas Eastern) filed
with the Federal Energy Regulatory
Commission (Commission) an
application under section 7(b) of the
Natural Gas Act and Part 157, Subpart
A of Commission regulations for
authorization to abandon certain natural
gas facilities no longer in service. As
described more fully in the Application,
Texas Eastern states that it lacks the
documentation to confirm the dates
these facilities were removed from
service or that abandonment
authorization was received. Texas
Eastern lists more than 750 of such
facilities, 550 meter stations and 200
small pipe sections in an appendix to
the filing. Texas Eastern requests this
abandonment authorization to clarify
the regulatory status of these facilities
and to ensure that Texas Eastern’s
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records include documentation
supporting their abandonment. Texas
Eastern states that the proposed
abandonment will not adversely impact
existing Texas Eastern service provided
and will not affect existing rates or tariff
provisions.
Questions regarding this application
may be directed to Lisa A. Connolly,
General Manager, Rates & Certificates,
Texas Eastern Transmission, LP, P.O.
Box 1642, Houston, Texas, 77251–1642,
or by calling (713) 627–4102; by fax
713–627–5947 or by email to
laconnolly@spectraenergy.com.
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)
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 comment date
stated below 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
seven copies of filings made in the
proceeding with the Commission and
must mail a copy to the applicant and
to every other party. 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
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[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43871-43874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17414]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC13-13-000]
Commission Information Collection Activities (FERC-580); Comment
Request
AGENCY: Federal Energy Regulatory Commission.
ACTION: Comment request.
-----------------------------------------------------------------------
SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory
Commission (Commission or FERC) is submitting the information
collection, FERC Form No. 580 (Interrogatory on Fuel and Energy
Purchase Practices), 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 (78 FR 26766, 5/8/2013)
requesting public comments. FERC received two comments on the FERC-580.
FERC addresses these comments in this notice and in its submittal to
OMB.
DATES: Comments on the collection of information are due by August 21,
2013.
ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0137, should be sent via email to the Office of Information and
Regulatory Affairs: oira_submission@omb.gov. Attention: Federal Energy
Regulatory Commission Desk Officer. The Desk Officer may also be
reached via telephone at 202-395-4718.
A copy of the comments should also be sent to the Federal Energy
Regulatory Commission, identified by the Docket No. IC13-13-000, by
either of the following methods:
eFiling at Commission's Web site: https://www.ferc.gov/docs-filing/efiling.asp.
Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: https://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at ferconlinesupport@ferc.gov, or by phone at: (866) 208-3676
(toll-free), or (202) 502-8659 for TTY.
[[Page 43872]]
Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov/docs-filing/docs-filing.asp.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
DataClearance@FERC.gov, by telephone at (202) 502-8663, and by fax at
(202) 273-0873.
SUPPLEMENTARY INFORMATION:
Title: Interrogatory on Fuel and Energy Purchase Practices (FERC
Form No. 580),
OMB Control No.: 1902-0137.\1\
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\1\ In the 60-day public notice the Commission indicated that
the control number was 1902-0131. The number shown here is the
correct number for this collection.
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Type of Request: Three-year approval of the FERC Form No. 580.
Abstract: FERC Form No. 580 is collected in even numbered years.
The Public Utility Regulatory Policies Act (PURPA) \2\ amended the
Federal Power Act (FPA) and directed the Commission to make
comprehensive biennial reviews of certain matters related to automatic
adjustment clauses (AACs) 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 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.
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\2\ Enacted November 8, 1978
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The Commission is also required to review the practices of each
public utility under AACs ``to insure efficient use of resources under
such clauses.'' \3\ In response to the PURPA directive, the Commission
(Docket Number IN79-6-000) established an investigation. Beginning in
1982, the Commission collected ``Interrogatory on Fuel and Energy
Purchase Practices'' data every other year.
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\3\ 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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In 2010, the Commission redesigned the form to collect the
information electronically through use of a standard form. Based on
filer comments in response to the new electronic form used in the 2010
and 2012 collections, FERC recommends the following changes to the
form:
Question 1
--Repair the email field to eliminate error messages.
Question 2
--Add a column labeled ``Is this AAC a fuel adjustment clause?''
--Add a column labeled ``Tariff volume number containing''. This
information will aid staff in locating AACs.
--Remove the column and, thus, the request for information titled:
[cir] ``Type/s of AAC''
[cir] ``Type of costs that were passed through the AAC--if fuel,
state fuel type''
There has been an increasing number of AAC-related cost types. This
field makes it difficult for Commission staff to repopulate the
dropdowns for this column without additional OMB approval. The
information otherwise gained from respondents supplying the information
collected in these columns will not be lost. Staff will locate and
recover the information from Commission rate filings by using the AAC
identification information given by respondents in the first three
columns of Question 2.
--Rename Question 2 columns as follows to correct typographical errors:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
Identify service agreement within Identify service schedule, if any,
rate schedule containing AAC. where the AAC is located within
the rate schedule.
If rate schedule superseded or Was rate schedule superseded or
abandoned during 2012-2013. abandoned during 2012-2013?
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Additional changes to Question 2 table:
--Add a check box to enable the utility to indicate that it had no non-
transmission related AACs during the reporting years, if the situation
applies. This box, when checked, clearly indicates that there were no
AACs to report.
--Add a ``Copy Row'' button to facilitate data entry.
We are further reducing the amount of information required for AACs
that are not fuel adjustment clauses. Utilities with no fuel adjustment
clauses only need to respond to questions 1 and 2. Utilities with a FAC
will continue to complete the entire form.
Question 3
--Reword the question from:
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From To
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If during the 2010 and 2011 period, the If during the 2012-2013 period,
Utility had any contracts or the Utility had any contracts
agreements for the purchase of either or agreements for the purchase
energy or capacity under which all or of either energy or capacity
any portion of the purchase costs were under which all or any portion
passed through the AAC, for each of the purchase costs were
purchase provide the information passed through a fuel
requested in the table below. Provide adjustment clause (FAC), for
the information separately for each each purchase from a PURPA
reporting year 2010 and 2011. Do not Qualifying Facility (QF) or
report purchased power where none of Independent Power Producer
the costs were recovered through an (IPP) provide the information
AAC. requested in the non-shaded
columns of the table below.
Provide the information
separately for each reporting
year 2012 and 2013. Do not
report purchased power where
none of the costs were
recovered through an FAC. For
each purchase where costs were
flowed through an FAC, fill-in
the non-shaded columns and
either ``Only energy charges''
or ``The total cost of the
purchase of economic power''
columns, whichever apply.
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The Commission is only interested in QF and IPP information here
and not every power purchase contracts/agreement. The language will be
similar to what was used in Form No. 580 interrogatories prior to 2010.
--Remove the request for information and thus the columns titled:
[cir] Was an after-the-fact comparison
[[Page 43873]]
made of actual avoided costs against the purchase costs?
[cir] Were purchases made on an hourly economic dispatch basis?
From the information provided in the 2010 and 2012 filings the
Commission has found that it can fully evaluate regulatory compliance
without this information.
Question 6
Change the question as follows:
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From To
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For each fuel supply contract, For each fuel supply contract, of
where costs were subject to 18 CFR longer than one year in duration,
35.14, (including informal in force at any time during 2012
agreements with associated and/or 2013, where costs were
companies), in force at any time subject to 18 CFR 35.14,
during 2012 and/or 2013, of longer (including informal agreements
than one year in duration, provide with associated companies),
the requested information. Report provide the requested information.
the data individually, for each Report the data individually for
contract, for each calendar year. each contract for each calendar
[No response to any part of year. No response to any part of
Question 6 for fuel oil no. 2 is Question 6 for fuel oil no. 2 is
necessary.] Report all fuels necessary. Report all fuels
consumed for electric power consumed for electric power
generation and thermal energy generation and thermal energy
associated with the production of associated with the production of
electricity. Information for only electricity. Information for only
coal, natural gas, and oil should coal, natural gas, and oil should
be reported. Information for all be reported.
fuels e.g. fossil fuels, wood
chips), except Uranium, should be
reported.
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--As with the request for transportation information that was
eliminated in 2010, the Commission has found alternative information
sources and analytical approaches sufficient to eliminate the request
for fuels other than coal, natural gas and oil.
--Add a ``Copy Contract'' button.
Question 6a
--Add a column labeled ``Is contract evergreen?''.
--Add a column labeled ``Pipeline quality? (Y/N)''.
Question 6b
--Add a new column to the fuel quantity section labeled: ``Coal (x10\3\
tons) not delivered by end of contract year.''
--Add a column labeled ``Pipeline quality? (Y/N)''.
Questions 7 and 8. There are no proposed changes.
Glossary: Define Evergreen contracts as follows: Evergreen
contract: a contract that is renewed automatically or by notice from
year to year until canceled by either party.
Access to the Revised Materials: A copy of the form, desk
reference, and glossary are attached to this docket as part of the 60-
day Federal Register notice issued by the Commission on May 2, 2013 but
they are not included in the Federal Register.\4\ Interested parties
can see the form electronically as part of this notice in FERC's
eLibrary (https://www.ferc.gov/docs-filing/elibrary.asp) by searching
Docket No. IC13-13-000 and accessing the ``FILE LIST'' for the May 2
notice.
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\4\ The form attached to the 60-day notice is for illustrative
purposes only and does not include all the interactive features of
the actual form. For a copy of the actual form, please contact Ellen
Brown as indicated in this notice.
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Interested parties may also request paper or electronic copies of
the form and desk reference by contacting Ellen Brown, by telephone at
(202) 502-8663, by fax at (202) 273-0873, or by email at
DataClearance@ferc.gov.
Type of Respondents: Large FERC-jurisdictional electric public
utilities.
Estimate of Annual Burden: \5\ The Commission estimates the total
Public Reporting Burden for this information collection as:
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\5\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, reference 5 CFR 1320.3.
\6\ The Form itself is only collected biennially but the data on
the form is annual data. Therefore we maintain the convention of
showing burden on an annual basis.
FERC Form No. 580 (IC13-13-000): Interrogatory on Fuel and Energy Purchase Practices
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Number of Average Estimated
Number of responses per Total number burden hours total annual
respondents respondent of responses per response burden \6\
(A) (B) (A) x (B) = (D) (C) x (D)
(C)
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Respondents with FACs........... 37 0.5 18.5 103 1,905.5
Respondents with AACs, but no 10 0.5 5 20 100
FACs...........................
Respondents with no AACs nor 35 0.5 17.5 2 35
FACs...........................
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Total....................... .............. .............. .............. .............. 2,040.5
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Despite the changes to the Form 580, burden estimates per response
for each entity will not change from previously approved amounts. The
burden estimate may vary by utility depending on whether the utility
has or does not have an automatic adjustment clause and depending on
whether or not those utilities with adjustment clauses allow automatic
adjustment of fuel cost.
The total estimated annual cost burden to respondents is $142,835.
[2040.5 hours * $70/hour \7\ = $142,835]
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\7\ FY2013 Estimated Average Hourly Cost per FERC FTE, including
salary + benefits.
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The estimated annual cost of filing the FERC Form 580 per response is
$1,742. [$142,835 / 82 responses = $1,742/response]
Public Comments and FERC Responses: Comments filed by the public in
response to the FERC Form No. 580 Federal Register Notice of
Information Collection and Request for Comments and FERC's response to
those comments is provided below. For more detailed information
regarding this collection of information, please see the Commission's
submission at https://www.reginfo.gov/public/do/PRAMain, scroll to
``Currently under Review'', key in ``Federal Energy Regulatory
[[Page 43874]]
Commission'' and scroll to 1902-0137, ``Interrogatory on Fuel and
Energy Purchase Practices''.
Question 6b Additional Data Requested
Southern Company Services, Inc. (SCS) requests clarification
addressing why the Commission proposes to add a new column in Question
6b titled ``Coal (x10\3\ tons) not delivered by end of contract year.''
SCS states that proper contextualization of annual variances between
actual deliveries and contract quantities could impact confidential
negotiations, and that it is commercially sensitive business
information. Further, SCS states that the efficiencies gained by the
other revisions proposed by the Commission are outweighed by the
addition of this new column. SCS states that if the Commission deems
that such inquiry is appropriate for Form 580, that the Commission
provide more context around its intent in proposing such an addition.
FERC Response: The proposal to add the new column to Question 6b
originated with the Form 580 filers. Their issue is that it is not
possible in the current form, to report coal delivered in, for example,
2012 under a 2011 contract. Without the new column, the Commission
would have no way of knowing that a delivered coal quantity less than
its contract quantity was coal truly not delivered, and that it wasn't
merely a typographical error in the form. Likewise, the Commission
would assume all coal reported as delivered, was delivered during the
contract year when it may not have been but was reported as delivered
because there was no means provided in the form to report that it was
not delivered. Not having the information that the column would
provide, potentially results in assumptions leading to skewed data
calculations. Further, coal contract amounts, delivery amounts, and
shortage amounts have been determined by OMB for decades to be public
information. In addition, the data requested in the new column are data
routinely calculated by the utility and are readily available to enter
into the form. Lastly, given the information that the Commission
proposes to eliminate from the Form 580 for the 2014 reporting cycle,
the reporting burden will not increase by adding this one column.
De Minimis Benchmarks
Pacific Gas and Electric Company (PG&E) requests de minimis
benchmarks from the Commission so that filers will know whether they
are required or not to answer a question in the form without filing for
a waiver.
FERC response: In some cases, the Commission has found it
unnecessarily burdensome for utilities to answer a particular question
based on the information gained from doing so. Not surprisingly, the de
minimis determination requires a case-specific analysis using a
utility-by-utility approach. Any utility that believes that its burden
is not worth the information that the Commission would gain is welcome
to request a waiver and in doing so provide detailed case-specific
information supporting its claim. This has been the procedure used in
prior years by the Commission and is approved by OMB.
``Type of Request''
PG&E also requests clarification of the term ``Type of Request''
stated at page 2 of FERC's Notice.
FERC response: OMB requires approval/renewal of approvals of all
collections of information every three years. The three year period
does not refer to the collection frequency, but the period of time
beyond which OMB's approval of a collection of information would expire
if not renewed.
Dated: July 15, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-17414 Filed 7-19-13; 8:45 am]
BILLING CODE 6717-01-P