Revisions to Public Utility Filing Requirements, 78739-78742 [2014-30366]
Download as PDF
<![CDATA[
78739
Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules
Presentation’’ and submitted by email to
cpsc-os@cpsc.gov, or mailed or
delivered to the Office of the Secretary,
Consumer Product Safety Commission,
4330 East-West Highway, Bethesda, MD
20814, not later than 5 p.m. EST on
December 30, 2014.
20814, not later than 5 p.m. EST on
December 30, 2014.
FOR FURTHER INFORMATION CONTACT: For
information about the purpose or
subject matter of this meeting, contact
Caroleene Paul, Project Manager,
Directorate for Engineering Sciences,
Consumer Product Safety Commission,
5 Research Place, Rockville, MD 20850;
telephone (301) 987–2225; cpaul@
cpsc.gov. For information about the
procedure to make an oral presentation,
contact Rockelle Hammond, Office of
the Secretary, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
SUPPLEMENTARY INFORMATION:
Alberta E. Mills,
Acting Secretary, U.S. Consumer Product
Safety Commission.
Correction
18 CFR Part 46
In the Federal Register of December 3,
2014, in FR Doc. 2014–28381, on page
71712, in the first column, correct the
DATES and ADDRESSES captions to read:
Dates: The meeting will begin at 10
a.m., on January 7, 2015, at the U.S.
Consumer Product Safety Commission
in the Hearing Room, 4th floor of
Bethesda Towers Building, 4330 East
West Highway, Bethesda, MD 20814.
Requests to make oral presentations and
the written text of any oral presentations
must be received by the Office of the
Secretary not later than 5 p.m. Eastern
Standard Time (EST) on December 30,
2014.
Addresses: The meeting will be held
in the Hearing Room, 4th floor of
Bethesda Towers Building, 4330 East
West Highway, Bethesda, MD 20814.
Requests to make oral presentations,
and texts of oral presentations, should
be captioned: ‘‘ROVs NPR; Oral
[FR Doc. 2014–30515 Filed 12–30–14; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RM15–3–000]
Revisions to Public Utility Filing
Requirements
Federal Energy Regulatory
Commission, Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Commission is proposing
to revise its regulations to eliminate the
requirement to submit FERC–566
(Annual Report of a Utility’s 20 Largest
Customers) for regional transmission
organizations (RTOs), independent
system operators (ISOs), and exempt
wholesale generators (EWGs). The
Commission is also proposing to revise
its regulations to eliminate the
requirement to submit FERC–566 for
public utilities that have not made any
reportable sales under FERC–566 in any
of the three preceding years. The
Commission further proposes to
SUMMARY:
eliminate the requirement for public
utilities submitting FERC–566 to
identify individual residential
customers by name and address.
DATES: Comments are due March 2,
2015.
Comments, identified by
docket number, may be filed in the
following ways:
• Electronic Filing through https://
www.ferc.gov. Documents created
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Those unable
to file electronically may mail or handdeliver comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Comment Procedures section of
this document.
FOR FURTHER INFORMATION CONTACT:
Mary LaFave (Technical Information),
Office of Energy Market Regulation,
Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502–
6060.
Lina Naik (Legal Information), Office of
the General Counsel, Federal Energy
Regulatory Commission, 888 First
Street NE., Washington, DC 20426,
(202) 502–8882.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Notice of Proposed Rulemaking
Table of Contents
Paragraph
Nos.
tkelley on DSK3SPTVN1PROD with PROPOSALS
I. Discussion ..............................................................................................................................................................................................
A. RTOs and ISOs .............................................................................................................................................................................
B. EWGs .............................................................................................................................................................................................
C. Public utilities that have not made sales ....................................................................................................................................
D. Identification requirement ...........................................................................................................................................................
II. Information Collection Statement .......................................................................................................................................................
III. Environmental Analysis .....................................................................................................................................................................
IV. Regulatory Flexibility Act ..................................................................................................................................................................
V. Comment Procedures ...........................................................................................................................................................................
VI. Document Availability .......................................................................................................................................................................
1. Section 305(c) of the Federal Power
Act (FPA) requires, among other things,
that, on or before January 31 of each
calendar year, each public utility shall
publish a list, pursuant to rules
prescribed by the Commission, of any
company, firm, or organization that is
one of the 20 purchasers of electric
energy which purchased (for purposes
other than resale) one of the 20 largest
VerDate Sep<11>2014
16:21 Dec 30, 2014
Jkt 235001
annual amounts of electric energy sold
by such public utility (or by any public
utility which is part of the same holding
company system) during any one of the
three calendar years immediately
preceding the filing date.1
2. The Commission implemented
Congress’ mandate in part 46 of the
1 16
PO 00000
U.S.C. 825d(c) (2012).
Frm 00014
Fmt 4702
Sfmt 4702
7
7
8
9
10
11
16
17
20
24
Commission’s regulations.2 Section 46.3
of the regulations thus provides, in
relevant part, that on or before January
31 of each year, each public utility shall
compile a list of purchasers of electric
energy (other than for resale), and shall
identify each purchaser by name and
principal business address, and shall
2 18
E:\FR\FM\31DEP1.SGM
CFR part 46 (2014).
31DEP1
78740
Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
submit the list to the Secretary and
make the list publicly available. The list
identifies each purchaser who, during
any of the three preceding calendar
years, purchased (for purposes other
than resale) from a public utility one of
the twenty largest amounts of electric
energy by such public utility, and the
public utility is required to notify each
purchaser which has been identified on
the list.3
3. On February 26, 2014, in
compliance with the requirements of the
Paperwork Reduction Act of 1995,4 the
Commission issued a request for
comments on, among other things, the
currently-approved information
collection FERC–566 (Annual Report of
a Utility’s 20 Largest Customers).
Specifically, the Commission sought
comment on: (1) Whether the collection
of information is necessary for the
proper performance of the functions of
the Commission, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden and cost of the collection
of information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility
and clarity of the information collection;
and (4) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.5
4. The Commission received four
comments. With respect to the FERC–
566, commenters recommended that the
Commission eliminate the requirement
to file FERC–566 for public utilities that
do not make any reportable sales; that
certain Regional Transmission
Organizations (RTOs) and Independent
System Operators (ISOs) should be
exempted from the requirement to
submit FERC–566; and that the
Commission should exempt exempt
wholesale generators (EWGs) from the
FERC–566 filing requirement.6
5. On July 1, 2014, the Commission
issued a further notice addressing the
comments. Specifically, the
Commission stated that it shared
commenters’ interest in identifying and
implementing burden reductions to the
benefit of filers as well as the
Commission, but that commenters’
suggestions raised issues that required
3 18
CFR 46.3.
U.S.C. 3506(c)(2)(A).
5 See Commission Information Collection
Activities (FERC–520, FERC–561, FERC–566);
Comment Request; Extension, Docket No. IC14–9–
000 (Feb. 26, 2014).
6 See Commission Information Collection
Activities (FERC–520, FERC–561, FERC–566);
Comment Request, Docket No. IC14–9–000, at 7–8
(July 1, 2014).
4 44
VerDate Sep<11>2014
16:21 Dec 30, 2014
Jkt 235001
additional study. The Commission
stated that should it determine after
further study to pursue changes to these
information collections, those changes
would be more appropriately addressed
in a forum and through a process that
is better suited to full public
identification of and deliberation on
possible proposed changes. The
Commission noted that any changes to
the Commission’s regulations would
need to be made through the
Commission’s formal rulemaking
process.7
6. In this Notice of Proposed
Rulemaking (NOPR), the Commission
proposes to revise its regulations to
reduce the regulatory burden of
compliance on public utilities, while
meeting the statutory standards set forth
in the FPA. Such modifications would
enhance the quality, utility, and clarity
of the information collected.
Specifically, the Commission proposes
to eliminate the requirement to submit
FERC–566 for RTOs, ISOs, and EWGs.
The Commission also proposes to
eliminate the requirement to submit
FERC–566 for public utilities that have
not made any reportable sales in any of
the three preceding years. The
Commission further proposes to
eliminate the requirements for public
utilities submitting FERC–566 to
identify individual residential
customers by name and address.
I. Discussion
A. RTOs and ISOs
7. The Commission proposes to
eliminate the requirement to submit
FERC–566 for RTOs and ISOs. By their
nature, RTOs and ISOs are focused
primarily on sales of electric energy for
resale. The statute expressly seeks to
acquire information about purchasers of
electric energy who purchased ‘‘for
purposes other than for resale.’’ 8
Accordingly, the Commission proposes
to revise the current regulation to
eliminate the requirement to submit
FERC–566 for RTOs and ISOs.
B. EWGs
8. Similarly, the Commission
proposes to eliminate the requirement to
submit FERC–566 for EWGs. The term
exempt wholesale generator is defined
as ‘‘any person engaged directly, or
indirectly through one or more affiliates
. . . and exclusively in the business of
owning or operating, or both owning
and operating, all or part of one or more
eligible facilities and selling electric
energy at wholesale.’’ 9 Thus, by
at 8.
U.S.C. 825(c)(2)(D).
9 18 CFR 336.1 (emphasis added).
definition, EWGs do not have retail
customers. As discussed above
regarding RTOs and ISOs, the statute
seeks to acquire information about
purchasers of electric energy who
purchased for purposes other than for
resale. Because EWGs are defined as
entities that only sell energy at
wholesale, the Commission believes
FERC–566 should not be required to be
submitted by such entities.
C. Public Utilities That Have Not Made
Sales
9. The Commission proposes to
eliminate the requirement to submit
FERC–566 for those public utilities that
have not made any reportable sales in
any of the three preceding years. Section
305(c) requires public utilities to
publish a list of purchasers; it does not
require a report of the absence of
purchasers. Thus, the Commission
proposes to eliminate the requirement to
submit FERC–566 for those public
utilities that have not made any
reportable sales in any of the three
preceding years.
D. Identification Requirement
10. The Commission proposes to
eliminate the requirement for public
utilities submitting FERC–566 to
identify individual residential
customers by name and address.
Currently, section 46.3(d) requires that
each public utility identify each
purchaser on the list of the twenty
largest purchasers by name and
principal business address. However, it
may not be necessary to have such
detailed information about residential
customers. Thus, the Commission
proposes to allow public utilities to
identify individual residential
customers as ‘‘Residential Customer,’’
and provide only a zip code in lieu of
an address.
II. Information Collection Statement
11. The collection of information
addressed in this Notice of Proposed
Rulemaking is subject to review by the
Office of Management and Budget
(OMB) under section 3507(d) of the
Paperwork Reduction Act of 1995.10
OMB’s regulations require approval of
certain information collection
requirements imposed by agency
rules.11 Upon approval of a collection(s)
of information, OMB will assign an
OMB control number and an expiration
date. Respondents subject to the filing
requirements of a rule will not be
penalized for failing to respond to these
collections of information unless the
7 Id.
8 16
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
10 44
11 5
U.S.C. 3507(d).
CFR 1320.11.
E:\FR\FM\31DEP1.SGM
31DEP1
Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules
collections of information display a
valid OMB control number.
12. We solicit comments on the need
for this information, whether the
information will have practical utility,
the accuracy of the burden estimates,
ways to enhance the quality, utility, and
clarity of the information to be collected
or retained, and any suggested methods
for minimizing respondents’ burden,
including the use of automated
information techniques. Specifically,
the Commission asks that any revised
burden or cost estimates submitted by
commenters be supported by sufficient
detail to understand how the estimates
are generated.
13. Public Reporting Burden: The
burden and cost estimates below are
based on the estimated reduction in
burden for certain entities that would no
longer have to file the annual report of
Number of
respondents
twenty largest purchasers. The
Commission estimates the annual report
to require (on average) six hours to
prepare and to file. The Commission
estimates that there are six RTOs/ISOs
and an additional 880 filers that report
no purchasers. The latter category
includes EWGs. The following table
illustrates the burden reductions to be
applied to the information collection:
Total number
of responses
(2)
Reduction in
average
burden hours
& cost per
response 12
Total reduction
in
annual
burden hours
& total annual
cost 13
(1)*(2)=(3)
Annual
number of
responses
per
respondent
(1)
Respondent category
(4)
(3)*(4)=(5)
6
1
6
Filers with No Purchasers (including EWGs) ......................
880
1
Total Reduction .............................................................
tkelley on DSK3SPTVN1PROD with PROPOSALS
RTOs/ISOs ...........................................................................
........................
........................
Title: Annual Report of Twenty
Largest Purchasers (FERC–566).
Action: Revision to existing
collection.
OMB Control No: 1902–0114.
Respondents: Business or other for
profit, and not for profit institutions.
Frequency of Responses: Annually.
Necessity of the Information: The
Commission is required by the Federal
Power Act to collect information on
public utilities’ twenty largest retail
purchasers. This information helps the
Commission understand electric energy
markets and transactions, in order to
better safeguard public and private
interests. Upon review, the Commission
proposes that certain entities no longer
need to make the annual filing.
Internal review: The Commission has
assured itself, by means of its internal
review, that there is specific, objective
support for the burden estimates
associated with the information
requirements.
14. Interested persons may obtain
information on the reporting
requirements by contacting the Federal
Energy Regulatory Commission, Office
of the Executive Director, 888 First
Street NE., Washington, DC 20426
[Attention: Ellen Brown, email:
DataClearance@ferc.gov, phone: (202)
502–8663, fax: (202) 273–0873].
12 The estimates for cost per response are derived
using the following formula: Burden Hours per
Response * $70.50/hour = Cost per Response. The
$70.50/hour figure is based on the average salary
plus benefits for a FERC employee. We assume that
industry respondents earn at a similar rate.
13 Total Annual Burden Hours * $70.50.
VerDate Sep<11>2014
16:21 Dec 30, 2014
Jkt 235001
15. Comments concerning the
information collection proposed in this
NOPR and the associated burden
estimates, should be sent to the
Commission in this docket and may also
be sent to the Office of Management and
Budget, Office of Information and
Regulatory Affairs [Attention: Desk
Officer for the Federal Energy
Regulatory Commission]. For security
reasons, comments should be sent by
email to OMB at the following email
address: oira_submission@omb.eop.gov.
Please reference the docket numbers of
this Notice of Proposed Rulemaking
(Docket No. RM15–3–000) in your
submission.
III. Environmental Analysis
16. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.14 This action has been
categorically excluded under section
380.4(a)(2)(ii), addressing the collection
of information.15
IV. Regulatory Flexibility Act
17. The Regulatory Flexibility Act of
1980 (RFA) 16 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
14 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986–1990 ¶ 30,783 (1987).
15 18 CFR 380.4(a)(2)(ii).
16 5 U.S.C. 601–12.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
78741
880
6
$423
6
$423
36
$2,538
5,280
$372,240
886
........................
5,316
$374,778
number of small entities. This NOPR
proposes to revise the Commission’s
regulations to reduce reporting burdens.
Specifically, the Commission proposes
to eliminate the requirement to submit
FERC–566 for RTOs and ISOs, EWGs,
and those public utilities that did not
make retail sales in the preceding three
years. The Commission is also
simplifying the requirements for
existing filers, as they will no longer
have to identify individual residential
customers by name and address.
18. The Commission estimates that,
on average, each of the entities that will
no longer have to file the FERC–566 will
experience a reduction in cost of $423
per year.
19. Accordingly, the Commission
certifies that this NOPR, if adopted, will
not have a significant economic impact
on a substantial number of small
entities.
V. Comment Procedures
20. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due March 2, 2015.
Comments must refer to Docket No.
RM15–3–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
21. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
E:\FR\FM\31DEP1.SGM
31DEP1
78742
Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
22. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
23. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
VI. Document Availability
24. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington DC 20426.
25. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
26. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202)502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
tkelley on DSK3SPTVN1PROD with PROPOSALS
List of Subjects in 18 CFR Part 46
Electric utilities; Reporting and
recordkeeping requirements.
By direction of the Commission.
Dated: December 18, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
PART 46—PUBLIC UTILITY FILING
REQUIREMENTS AND FILING
REQUIREMENTS FOR PERSONS
HOLDING INTERLOCKING POSITIONS
DEPARTMENT OF COMMERCE
■
1. The authority citation for Part 46
continues to read as follows:
[Docket No. 140929814–4814–01]
Authority: 16 U.S.C. 792–828c; 16 U.S.C.
2601–2645; 42 U.S.C. 7101–7352; E.O. 12009,
3 CFR 142.
RIN 0625–AB02
2. Section 46.3 is amended by revising
paragraph (a) to read as follows:
■
§ 46.3
Purchaser list.
(a)(1) Compilation and filing list. On
or before January 31 of each year, except
as provided below, each public utility
shall compile a list of the purchasers
described in paragraph (b) of this
section and shall identify each
purchaser by name and principal
business address. The public utility
must submit the list to the Secretary of
the Commission in accordance with
filing procedures posted on the
Commission’s Web site at https://
www.ferc.gov and make the list publicly
available through its principal business
office.
(2) Notwithstanding paragraph (a)(1)
of this section, public utilities that are
defined as Regional Transmission
Operators, as defined in § 35.34(b)(1) of
this chapter, and public utilities that are
defined as Independent System
Operators, as defined in § 35.46(d) of
this chapter, are exempt from the
requirement to file.
(3) Notwithstanding paragraph (a)(1)
of this section, public utilities that meet
the criteria for exempt wholesale
generators, as defined in § 366.1 of this
chapter, and are certified as such
pursuant to § 366.7 of this chapter, are
exempt from the requirement to file.
(4) Notwithstanding paragraph (a)(1)
of this section, public utilities that have
no reportable sales as defined in section
(b) in any of the three preceding years
are exempt from the requirement to file.
(5) Notwithstanding paragraph (a)(1)
of this section, individual residential
customers on the list may be identified
as ‘‘Residential Customer,’’ and with a
zip code in lieu of an address.
*
*
*
*
*
[FR Doc. 2014–30366 Filed 12–30–14; 8:45 am]
BILLING CODE 6717–01–P
In consideration of the foregoing, the
Commission proposes to amend Part 46,
Chapter I, Title 18, Code of Federal
Regulations, as follows:
VerDate Sep<11>2014
16:21 Dec 30, 2014
Jkt 235001
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
International Trade Administration
19 CFR Part 351
Modification of Regulations Regarding
Price Adjustments in Antidumping
Duty Proceedings
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Proposed rule and request for
comments.
AGENCY:
The Department of Commerce
(‘‘the Department’’) proposes to modify
two regulations pertaining to price
adjustments in antidumping duty
proceedings and is seeking comments
from parties. These modifications, if
adopted, are intended to clarify that the
Department generally will not consider
a price adjustment that reduces or
eliminates a dumping margin unless the
party claiming such price adjustment
demonstrates, to the satisfaction of the
Department, through documentation
that the terms and conditions of the
adjustment were established and known
to the customer at the time of sale.
DATES: To be assured of consideration,
written comments must be received no
later than January 30, 2015.
ADDRESSES: All comments must be
submitted through the Federal
eRulemaking Portal at https://
www.regulations.gov, Docket No. ITA–
2014–0001, unless the commenter does
not have access to the internet.
Commenters that do not have access to
the internet may submit the original and
one electronic copy of each set of
comments by mail or hand delivery/
courier. All comments should be
addressed to Paul Piquado, Assistant
Secretary for Enforcement &
Compliance, Room 1870, Department of
Commerce, 14th Street and Constitution
Ave. NW., Washington, DC 20230.
Comments submitted to the Department
will be uploaded to the eRulemaking
Portal at www.Regulations.gov.
The Department will consider all
comments received before the close of
the comment period. All comments
responding to this notice will be a
matter of public record and will be
available on the Federal eRulemaking
Portal at www.Regulations.gov. The
Department will not accept comments
accompanied by a request that part or
all of the material be treated
confidentially because of its business
SUMMARY:
E:\FR\FM\31DEP1.SGM
31DEP1
]]>Agencies
[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Proposed Rules]
[Pages 78739-78742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30366]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 46
[Docket No. RM15-3-000]
Revisions to Public Utility Filing Requirements
AGENCY: Federal Energy Regulatory Commission, Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Commission is proposing to revise its regulations to
eliminate the requirement to submit FERC-566 (Annual Report of a
Utility's 20 Largest Customers) for regional transmission organizations
(RTOs), independent system operators (ISOs), and exempt wholesale
generators (EWGs). The Commission is also proposing to revise its
regulations to eliminate the requirement to submit FERC-566 for public
utilities that have not made any reportable sales under FERC-566 in any
of the three preceding years. The Commission further proposes to
eliminate the requirement for public utilities submitting FERC-566 to
identify individual residential customers by name and address.
DATES: Comments are due March 2, 2015.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
Electronic Filing through https://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures section of this document.
FOR FURTHER INFORMATION CONTACT:
Mary LaFave (Technical Information), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502-6060.
Lina Naik (Legal Information), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426, (202) 502-8882.
SUPPLEMENTARY INFORMATION:
Notice of Proposed Rulemaking
Table of Contents
Paragraph
Nos.
I. Discussion............................................... 7
A. RTOs and ISOs........................................ 7
B. EWGs................................................. 8
C. Public utilities that have not made sales............ 9
D. Identification requirement........................... 10
II. Information Collection Statement........................ 11
III. Environmental Analysis................................. 16
IV. Regulatory Flexibility Act.............................. 17
V. Comment Procedures....................................... 20
VI. Document Availability................................... 24
1. Section 305(c) of the Federal Power Act (FPA) requires, among
other things, that, on or before January 31 of each calendar year, each
public utility shall publish a list, pursuant to rules prescribed by
the Commission, of any company, firm, or organization that is one of
the 20 purchasers of electric energy which purchased (for purposes
other than resale) one of the 20 largest annual amounts of electric
energy sold by such public utility (or by any public utility which is
part of the same holding company system) during any one of the three
calendar years immediately preceding the filing date.\1\
---------------------------------------------------------------------------
\1\ 16 U.S.C. 825d(c) (2012).
---------------------------------------------------------------------------
2. The Commission implemented Congress' mandate in part 46 of the
Commission's regulations.\2\ Section 46.3 of the regulations thus
provides, in relevant part, that on or before January 31 of each year,
each public utility shall compile a list of purchasers of electric
energy (other than for resale), and shall identify each purchaser by
name and principal business address, and shall
[[Page 78740]]
submit the list to the Secretary and make the list publicly available.
The list identifies each purchaser who, during any of the three
preceding calendar years, purchased (for purposes other than resale)
from a public utility one of the twenty largest amounts of electric
energy by such public utility, and the public utility is required to
notify each purchaser which has been identified on the list.\3\
---------------------------------------------------------------------------
\2\ 18 CFR part 46 (2014).
\3\ 18 CFR 46.3.
---------------------------------------------------------------------------
3. On February 26, 2014, in compliance with the requirements of the
Paperwork Reduction Act of 1995,\4\ the Commission issued a request for
comments on, among other things, the currently-approved information
collection FERC-566 (Annual Report of a Utility's 20 Largest
Customers). Specifically, the Commission sought comment on: (1) Whether
the collection of information is necessary for the proper performance
of the functions of the Commission, including whether the information
will have practical utility; (2) the accuracy of the agency's estimate
of the burden and cost of the collection of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information collection; and (4)
ways to minimize the burden of the collection of information on those
who are to respond, including the use of automated collection
techniques or other forms of information technology.\5\
---------------------------------------------------------------------------
\4\ 44 U.S.C. 3506(c)(2)(A).
\5\ See Commission Information Collection Activities (FERC-520,
FERC-561, FERC-566); Comment Request; Extension, Docket No. IC14-9-
000 (Feb. 26, 2014).
---------------------------------------------------------------------------
4. The Commission received four comments. With respect to the FERC-
566, commenters recommended that the Commission eliminate the
requirement to file FERC-566 for public utilities that do not make any
reportable sales; that certain Regional Transmission Organizations
(RTOs) and Independent System Operators (ISOs) should be exempted from
the requirement to submit FERC-566; and that the Commission should
exempt exempt wholesale generators (EWGs) from the FERC-566 filing
requirement.\6\
---------------------------------------------------------------------------
\6\ See Commission Information Collection Activities (FERC-520,
FERC-561, FERC-566); Comment Request, Docket No. IC14-9-000, at 7-8
(July 1, 2014).
---------------------------------------------------------------------------
5. On July 1, 2014, the Commission issued a further notice
addressing the comments. Specifically, the Commission stated that it
shared commenters' interest in identifying and implementing burden
reductions to the benefit of filers as well as the Commission, but that
commenters' suggestions raised issues that required additional study.
The Commission stated that should it determine after further study to
pursue changes to these information collections, those changes would be
more appropriately addressed in a forum and through a process that is
better suited to full public identification of and deliberation on
possible proposed changes. The Commission noted that any changes to the
Commission's regulations would need to be made through the Commission's
formal rulemaking process.\7\
---------------------------------------------------------------------------
\7\ Id. at 8.
---------------------------------------------------------------------------
6. In this Notice of Proposed Rulemaking (NOPR), the Commission
proposes to revise its regulations to reduce the regulatory burden of
compliance on public utilities, while meeting the statutory standards
set forth in the FPA. Such modifications would enhance the quality,
utility, and clarity of the information collected. Specifically, the
Commission proposes to eliminate the requirement to submit FERC-566 for
RTOs, ISOs, and EWGs. The Commission also proposes to eliminate the
requirement to submit FERC-566 for public utilities that have not made
any reportable sales in any of the three preceding years. The
Commission further proposes to eliminate the requirements for public
utilities submitting FERC-566 to identify individual residential
customers by name and address.
I. Discussion
A. RTOs and ISOs
7. The Commission proposes to eliminate the requirement to submit
FERC-566 for RTOs and ISOs. By their nature, RTOs and ISOs are focused
primarily on sales of electric energy for resale. The statute expressly
seeks to acquire information about purchasers of electric energy who
purchased ``for purposes other than for resale.'' \8\ Accordingly, the
Commission proposes to revise the current regulation to eliminate the
requirement to submit FERC-566 for RTOs and ISOs.
---------------------------------------------------------------------------
\8\ 16 U.S.C. 825(c)(2)(D).
---------------------------------------------------------------------------
B. EWGs
8. Similarly, the Commission proposes to eliminate the requirement
to submit FERC-566 for EWGs. The term exempt wholesale generator is
defined as ``any person engaged directly, or indirectly through one or
more affiliates . . . and exclusively in the business of owning or
operating, or both owning and operating, all or part of one or more
eligible facilities and selling electric energy at wholesale.'' \9\
Thus, by definition, EWGs do not have retail customers. As discussed
above regarding RTOs and ISOs, the statute seeks to acquire information
about purchasers of electric energy who purchased for purposes other
than for resale. Because EWGs are defined as entities that only sell
energy at wholesale, the Commission believes FERC-566 should not be
required to be submitted by such entities.
---------------------------------------------------------------------------
\9\ 18 CFR 336.1 (emphasis added).
---------------------------------------------------------------------------
C. Public Utilities That Have Not Made Sales
9. The Commission proposes to eliminate the requirement to submit
FERC-566 for those public utilities that have not made any reportable
sales in any of the three preceding years. Section 305(c) requires
public utilities to publish a list of purchasers; it does not require a
report of the absence of purchasers. Thus, the Commission proposes to
eliminate the requirement to submit FERC-566 for those public utilities
that have not made any reportable sales in any of the three preceding
years.
D. Identification Requirement
10. The Commission proposes to eliminate the requirement for public
utilities submitting FERC-566 to identify individual residential
customers by name and address. Currently, section 46.3(d) requires that
each public utility identify each purchaser on the list of the twenty
largest purchasers by name and principal business address. However, it
may not be necessary to have such detailed information about
residential customers. Thus, the Commission proposes to allow public
utilities to identify individual residential customers as ``Residential
Customer,'' and provide only a zip code in lieu of an address.
II. Information Collection Statement
11. The collection of information addressed in this Notice of
Proposed Rulemaking is subject to review by the Office of Management
and Budget (OMB) under section 3507(d) of the Paperwork Reduction Act
of 1995.\10\ OMB's regulations require approval of certain information
collection requirements imposed by agency rules.\11\ Upon approval of a
collection(s) of information, OMB will assign an OMB control number and
an expiration date. Respondents subject to the filing requirements of a
rule will not be penalized for failing to respond to these collections
of information unless the
[[Page 78741]]
collections of information display a valid OMB control number.
---------------------------------------------------------------------------
\10\ 44 U.S.C. 3507(d).
\11\ 5 CFR 1320.11.
---------------------------------------------------------------------------
12. We solicit comments on the need for this information, whether
the information will have practical utility, the accuracy of the burden
estimates, ways to enhance the quality, utility, and clarity of the
information to be collected or retained, and any suggested methods for
minimizing respondents' burden, including the use of automated
information techniques. Specifically, the Commission asks that any
revised burden or cost estimates submitted by commenters be supported
by sufficient detail to understand how the estimates are generated.
13. Public Reporting Burden: The burden and cost estimates below
are based on the estimated reduction in burden for certain entities
that would no longer have to file the annual report of twenty largest
purchasers. The Commission estimates the annual report to require (on
average) six hours to prepare and to file. The Commission estimates
that there are six RTOs/ISOs and an additional 880 filers that report
no purchasers. The latter category includes EWGs. The following table
illustrates the burden reductions to be applied to the information
collection:
----------------------------------------------------------------------------------------------------------------
Total
Annual number Reduction in reduction in
Number of of responses Total number average annual burden
Respondent category respondents per of responses burden hours hours & total
respondent & cost per annual cost
response \12\ \13\
(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5)
----------------------------------------------------------------------------------------------------------------
RTOs/ISOs....................... 6 1 6 6 36
$423 $2,538
Filers with No Purchasers 880 1 880 6 5,280
(including EWGs)............... $423 $372,240
-------------------------------------------------------------------------------
Total Reduction............. .............. .............. 886 .............. 5,316
$374,778
----------------------------------------------------------------------------------------------------------------
Title: Annual Report of Twenty Largest Purchasers (FERC-566).
---------------------------------------------------------------------------
\12\ The estimates for cost per response are derived using the
following formula: Burden Hours per Response * $70.50/hour = Cost
per Response. The $70.50/hour figure is based on the average salary
plus benefits for a FERC employee. We assume that industry
respondents earn at a similar rate.
\13\ Total Annual Burden Hours * $70.50.
---------------------------------------------------------------------------
Action: Revision to existing collection.
OMB Control No: 1902-0114.
Respondents: Business or other for profit, and not for profit
institutions.
Frequency of Responses: Annually.
Necessity of the Information: The Commission is required by the
Federal Power Act to collect information on public utilities' twenty
largest retail purchasers. This information helps the Commission
understand electric energy markets and transactions, in order to better
safeguard public and private interests. Upon review, the Commission
proposes that certain entities no longer need to make the annual
filing.
Internal review: The Commission has assured itself, by means of its
internal review, that there is specific, objective support for the
burden estimates associated with the information requirements.
14. Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
Office of the Executive Director, 888 First Street NE., Washington, DC
20426 [Attention: Ellen Brown, email: DataClearance@ferc.gov, phone:
(202) 502-8663, fax: (202) 273-0873].
15. Comments concerning the information collection proposed in this
NOPR and the associated burden estimates, should be sent to the
Commission in this docket and may also be sent to the Office of
Management and Budget, Office of Information and Regulatory Affairs
[Attention: Desk Officer for the Federal Energy Regulatory Commission].
For security reasons, comments should be sent by email to OMB at the
following email address: oira_submission@omb.eop.gov. Please reference
the docket numbers of this Notice of Proposed Rulemaking (Docket No.
RM15-3-000) in your submission.
III. Environmental Analysis
16. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\14\ This
action has been categorically excluded under section 380.4(a)(2)(ii),
addressing the collection of information.\15\
---------------------------------------------------------------------------
\14\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. Preambles 1986-1990 ] 30,783 (1987).
\15\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------
IV. Regulatory Flexibility Act
17. The Regulatory Flexibility Act of 1980 (RFA) \16\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
This NOPR proposes to revise the Commission's regulations to reduce
reporting burdens. Specifically, the Commission proposes to eliminate
the requirement to submit FERC-566 for RTOs and ISOs, EWGs, and those
public utilities that did not make retail sales in the preceding three
years. The Commission is also simplifying the requirements for existing
filers, as they will no longer have to identify individual residential
customers by name and address.
---------------------------------------------------------------------------
\16\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------
18. The Commission estimates that, on average, each of the entities
that will no longer have to file the FERC-566 will experience a
reduction in cost of $423 per year.
19. Accordingly, the Commission certifies that this NOPR, if
adopted, will not have a significant economic impact on a substantial
number of small entities.
V. Comment Procedures
20. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due March 2, 2015. Comments must refer to
Docket No. RM15-3-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
21. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at https://www.ferc.gov. The
[[Page 78742]]
Commission accepts most standard word processing formats. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format. Commenters filing electronically do not need to make a paper
filing.
22. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
23. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
VI. Document Availability
24. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington DC 20426.
25. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
26. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202)502-8659. Email the Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 46
Electric utilities; Reporting and recordkeeping requirements.
By direction of the Commission.
Dated: December 18, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission proposes to amend
Part 46, Chapter I, Title 18, Code of Federal Regulations, as follows:
PART 46--PUBLIC UTILITY FILING REQUIREMENTS AND FILING REQUIREMENTS
FOR PERSONS HOLDING INTERLOCKING POSITIONS
0
1. The authority citation for Part 46 continues to read as follows:
Authority: 16 U.S.C. 792-828c; 16 U.S.C. 2601-2645; 42 U.S.C.
7101-7352; E.O. 12009, 3 CFR 142.
0
2. Section 46.3 is amended by revising paragraph (a) to read as
follows:
Sec. 46.3 Purchaser list.
(a)(1) Compilation and filing list. On or before January 31 of each
year, except as provided below, each public utility shall compile a
list of the purchasers described in paragraph (b) of this section and
shall identify each purchaser by name and principal business address.
The public utility must submit the list to the Secretary of the
Commission in accordance with filing procedures posted on the
Commission's Web site at https://www.ferc.gov and make the list publicly
available through its principal business office.
(2) Notwithstanding paragraph (a)(1) of this section, public
utilities that are defined as Regional Transmission Operators, as
defined in Sec. 35.34(b)(1) of this chapter, and public utilities that
are defined as Independent System Operators, as defined in Sec.
35.46(d) of this chapter, are exempt from the requirement to file.
(3) Notwithstanding paragraph (a)(1) of this section, public
utilities that meet the criteria for exempt wholesale generators, as
defined in Sec. 366.1 of this chapter, and are certified as such
pursuant to Sec. 366.7 of this chapter, are exempt from the
requirement to file.
(4) Notwithstanding paragraph (a)(1) of this section, public
utilities that have no reportable sales as defined in section (b) in
any of the three preceding years are exempt from the requirement to
file.
(5) Notwithstanding paragraph (a)(1) of this section, individual
residential customers on the list may be identified as ``Residential
Customer,'' and with a zip code in lieu of an address.
* * * * *
[FR Doc. 2014-30366 Filed 12-30-14; 8:45 am]
BILLING CODE 6717-01-P
