Commencement of Assessment of Annual Charges, 29562-29565 [2015-12432]
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§ 1201.4
Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules
[Amended]
Dated: May 19, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2015–12438 Filed 5–21–15; 8:45 am]
BILLING CODE 6355–01–P
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Instructions: For detailed instructions
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see the Comment Procedures section of
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ADDRESSES:
DEPARTMENT OF ENERGY
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(a) Except as provided in § 1201.1(c)
and (d), architectural glazing products
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■ 3. Remove Figures 1 through 5 to
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■
Federal Energy Regulatory
Commission
18 CFR Part 11
[Docket No. RM15–18–000]
Commencement of Assessment of
Annual Charges
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Federal Energy
Regulatory Commission (Commission)
proposes to revise its regulations
regarding when the Commission will
commence assessing annual charges to
hydropower licensees and exemptees,
other than state or municipal entities,
with respect to licenses and exemptions
authorizing unconstructed projects and
new capacity. Specifically, the
Commission proposes to commence
assessing annual charges two years from
the effective date of the project license,
exemption, or amendment authorizing
new capacity, rather than on the date
that project construction starts. The
proposed revisions will provide
administrative efficiency and promote
certainty among licensees, exemptees,
and Commission staff as to when annual
charges will commence.
DATES: Comments are due July 21, 2015.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Tara DiJohn (Legal Information), Office
of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC
20426, (202) 502–8671, tara.dijohn@
ferc.gov.
Norman Richardson (Technical
Information), Office of the Executive
Director, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502–
6219, norman.richardson@ferc.gov.
SUPPLEMENTARY INFORMATION:
TABLE OF CONTENTS
Paragraph
Number
I. Background ..........................................................................................................................................................................................
II. Proposed Revisions ............................................................................................................................................................................
III. Regulatory Requirements .................................................................................................................................................................
A. Information Collection Statement .............................................................................................................................................
B. Environmental Analysis .............................................................................................................................................................
C. Regulatory Flexibility Act ..........................................................................................................................................................
D. Comment Procedures .................................................................................................................................................................
E. Document Availability ................................................................................................................................................................
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I. Background
1. Section 10(e)(1) of the Federal
Power Act (FPA),1 and section 3401 of
the Omnibus Budget Reconciliation Act
of 1986,2 require the Federal Energy
Regulatory Commission (Commission)
to, among other things, collect annual
charges from licensees in order to
reimburse the United States for the costs
of administering Part I of the FPA. The
Commission assesses these annual
charges against licensees and exemptees
of projects with more than 1.5
megawatts (MW) of installed capacity
under section 11.1 of its regulations.3
2. Currently, the Commission begins
assessing these annual charges against
licensees and exemptees with original
licenses or exemptions authorizing
unconstructed projects on the date
project construction starts.4 The
Commission also begins assessing
annual charges for new capacity,
authorized by a relicense 5 or an
amendment of a license or exemption,
3 18
CFR 11.1 (2014).
(c)(5).
5 We use the term ‘‘relicense’’ to refer to any new
or subsequent license.
4 Id.
1 16
2 42
U.S.C. 803(e)(1) (2012).
U.S.C. 7178 (2012).
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1.
8.
13.
13.
14.
15.
20.
24.
on the date that the construction to
enable such capacity starts.6 Because
this proposed rule affects only projects
with respect to which annual charges
are assessed when project construction
starts, we will not further discuss state
or municipal projects, projects that do
not have installed capacity that exceeds
1.5 MW, or constructed projects without
newly authorized capacity.7
6 18 CFR 11.1(c)(5) (2014). We refer to the
addition of capacity and a reduction of capacity (on
occasion, capacity is reduced as a result of
construction, in which case annual charges are
lowered) as ‘‘new capacity.’’
7 Licensees or exemptees that are state or
municipal entities are already not assessed annual
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Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules
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3. Recently, to determine when
project construction starts for annual
charges purposes, the Commission has
included language in its orders
requiring the licensee or exemptee to
notify the Commission when project
construction begins.8 Otherwise, the
Commission has to contact the licensee
or exemptee to determine that date.
4. Annual charges assessment should
typically commence within two years of
the effective date of the order issuing a
license, exemption, or amendment
adding capacity.9 Original licenses and
relicenses require a licensee to start
construction no later than two years
from the effective license date pursuant
to section 13 of the FPA.10 Similarly,
exemptions of unconstructed projects
include standard exemption Article 3,
which allows the Commission to revoke
an exemption if actual construction of
the proposed generating facilities has
not begun within two years.11
Amendments adding new capacity
include an ordering paragraph that
typically requires the licensee or
exemptee to start construction within
two years of the amendment’s issuance
date.12
5. In some cases, construction may
not begin by the two-year deadline and
therefore annual charges assessment
may begin more than two years after the
effective date (e.g., when a license’s start
of construction deadline is extended by
the Commission for an additional period
of no more than two years as permitted
by section 13 of the FPA).13 In rare
cases, the Commission has granted
requests for stay of a license’s start of
construction deadline, or of an entire
license, in certain narrowly
charges until project operation commences. 18 CFR
11.1(d)(6) (2014). As noted above, the Commission
does not assess annual charges with respect to
projects with installed capacity of less than or equal
to 1.5 MW. Licensees or exemptees of constructed
projects without new capacity are assessed annual
charges immediately, because their entire capacity
is already in place. See 18 CFR 11.1(c)(5) (2014).
8 See, e.g., Eagle Crest Energy Company, 147
FERC ¶ 61,220, at Article 207 (2014) (requiring the
licensee to notify the Commission of the date when
it starts construction of the unconstructed project);
Wisconsin Electric Power Co., 144 FERC ¶ 62,268,
at ordering para. (G) (2013) (requiring the licensee
to notify the Commission of the date when it starts
construction of the newly authorized capacity).
9 Unless otherwise specified, orders are effective
on the date of issuance. 18 CFR 385.2007(c)(1)
(2014). On occasion, a relicense is issued before the
expiration of the prior license. In that circumstance,
the effective date would not be the date of issuance
and would instead be established in the order to
coincide with the expiration of the prior license.
10 See 16 U.S.C. 806 (2012).
11 18 CFR 4.94(c) (2014).
12 See, e.g., Northern States Power Co., 138 FERC
¶ 62,022, at ordering para. (E) (2012).
13 16 U.S.C. 806 (2012).
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circumscribed circumstances.14 On
average, the Commission grants
extensions and stays of a license’s start
of construction deadline 3.4 and zero 15
times per year, respectively.
6. Similarly, exemptees may not begin
construction by the deadline, and may
request that the Commission extend the
deadline to start construction. The
Commission expects the prompt
development of exemption projects and
that exemption applicants will
anticipate and solve problems that affect
construction either before or during the
time that they seek their exemptions.16
From 2010 through 2014, the
Commission granted two extensions of
start of construction deadlines, or on
average 0.4 times per year, to
exemptees.
7. Licensees and exemptees can
experience delays and may request an
extension of an amendment order’s start
of construction deadline as well. From
2010 through 2014, the Commission
granted six initial extensions of a start
of construction deadline, or an average
of 1.2 extensions per year, to licensees
granted amendments authorizing new
capacity.
II. Proposed Revisions
8. The Commission proposes to revise
section 11.1(c)(5) of its regulations
regarding when it will commence
assessing annual charges with respect to
hydropower licenses and exemptions
authorizing unconstructed projects and
new capacity. Specifically, the
Commission proposes to commence
assessing annual charges two years from
the effective date of an order issuing a
license, exemption, or an amendment
authorizing additional capacity, rather
than on the date project construction
starts.
9. The Commission anticipates the
proposed rule will provide
administrative efficiency and foster
certainty among licensees, exemptees,
and Commission staff as to when annual
14 Such circumstances may exist where there are
preconditions to construction that are beyond a
licensee’s control but will likely be resolved within
a definitive period of time. See City of Broken Bow,
Oklahoma, 142 FERC ¶ 61,118, at PP 8–9 (2013)
(staying the start of construction deadline where
City presented sufficient proof it would not be able
to timely start project construction for reasons
outside of its control).
15 From 2010 through 2014, the Commission
granted three requests for stays of construction
deadlines to municipal licensees with projects at
U.S. Army Corps of Engineers’ dams.
16 Ralph and Raleigh Coppedge, 28 FERC
¶ 61,363, at 61,654 & n.11 (1984) (citing, FERC
Stats. & Regs., Regulations Preambles 1977–1981
¶ 30,204, at 31,368 (1980). Exemption from All or
Part of Part I of the Federal Power Act of Small
Hydroelectric Power Projects With an Installed
Capacity of Five Megawatts or Less, Order No. 106.
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charges will commence. Licensees and
exemptees will no longer need to notify
the Commission when project
construction starts for the purpose of
assessing annual charges and, in turn,
the Commission will not have to contact
the licensee or exemptee for this
purpose.
10. This proposed change, however,
will affect those licensees and
exemptees that do not start construction
within two years. Annual charges will
be assessed two years from the effective
date of an order issuing a license,
exemption, or an amendment
authorizing additional capacity,
regardless of whether the Commission
has granted an extension of time for
construction or a stay of the
construction deadline.17 As noted
above, on average, 5 (3.4 licenses + 0.4
exemptions + 1.2 license amendments)
affected projects each year receive
extensions of the start of construction
deadline, and zero receive a stay of the
start of construction deadline.18
11. In addition, licensees and
exemptees that do not start construction
by the deadline established in their
license or exemption, or as extended by
the Commission, will be affected. If a
licensee fails to start construction
within two years of its license’s effective
date or as extended by the Commission,
the Commission must terminate the
license pursuant to section 13 of the
FPA.19 Similarly, as noted above,
standard exemption Article 3 states that
the Commission may revoke an
exemption if the exemptee fails to start
construction within the time prescribed
by the Commission. From 2010 through
2014, the Commission terminated one
license, or an average of 0.2 licenses per
year, and no exemptions. Therefore, we
estimate that annually 0.2 licenses
would have been assessed annual
charges after the two-year deadline until
their termination for failure to construct.
12. In sum, we anticipate that, on
average, 5.2 (5 extensions + 0.2
terminations) licensees and/or
exemptees per year will begin paying
annual charges before starting
construction or before the Commission
terminates its license or revokes its
exemption under the proposed rule.
17 Additionally, this proposed change may affect
any licensees and exemptees that utilize a phasein approach for adding capacity.
18 Stays of entire licenses, however, will continue
to stay the assessment of annual charges.
19 16 U.S.C. 806 (2012).
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Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules
III. Regulatory Requirements
A. Information Collection Statement
13. The Paperwork Reduction Act 20
requires each federal agency to seek and
obtain Office of Management and
Budget (OMB) approval before
undertaking a collection of information
directed to ten or more persons or
contained in a rule of general
applicability. OMB regulations require
approval of certain information
collection requirements contemplated
by proposed rules.21 The proposed
revisions discussed above do not
impose or alter existing reporting or
recordkeeping requirements on
applicable entities as defined by the
Paperwork Reduction Act.22 Therefore,
the Commission will submit this
proposed rule to OMB for informational
purposes only.
B. Environmental Analysis
14. 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.23 Commission actions
concerning annual charges are
categorically exempt from this
requirement.24
C. Regulatory Flexibility Act
15. The Regulatory Flexibility Act of
1980 (RFA) 25 generally requires a
description and analysis of proposed
and final rules that will have significant
economic impact on a substantial
number of small entities. The RFA
mandates consideration of regulatory
alternatives that accomplish the stated
objectives of a proposed rule and
minimize any significant economic
impact on a substantial number of small
entities.26
16. The Small Business
Administration’s (SBA) Office of Size
Standards develops the numerical
definition of a small business.27 The
SBA revised its size standard for electric
utilities (effective January 22, 2014)
from a standard based on megawatt
hours to a standard based on the
number of employees, including
affiliates.28 Under SBA’s current size
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20 44
U.S.C. 3501–3521 (2012).
21 See 5 CFR 1320.11 (2014).
22 44 U.S.C. 3502(2)–(3) (2012).
23 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
52 FR 47,897 (Dec. 17, 1987), FERC Stats. & Regs.,
Regulations Preambles 1986–1990 ¶ 30,783 (1987).
24 See 18 CFR 380.4 (a)(11) (2014).
25 5 U.S.C. 601–612 (2012).
26 5 U.S.C. 603(c) (2012).
27 13 CFR 121.101 (2014).
28 SBA Final Rule on ‘‘Small Business Size
Standards: Utilities,’’ 78 FR 77,343 (Dec. 23, 2013).
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standards, a hydroelectric generator is
small if, including its affiliates, it
employs 500 or fewer people.29 The
Commission, however, currently does
not require information regarding the
number of individuals employed by
hydroelectric generators to administer
Part I of the FPA, and therefore, is
unable to estimate the number of small
entities using the new SBA definitions.
Regardless, the Commission anticipates
that the proposed rule will affect few
small hydroelectric generators.
17. As noted earlier, the proposed rule
will only affect non-state or municipal
licensed projects with an installed
capacity exceeding 1.5 MW that are
unconstructed or have newly authorized
capacity. From 2010 through 2014, the
Commission issued on average 3.6
original licenses and 0.4 exemptions per
year authorizing unconstructed projects
to affected licensees and exemptees, and
1.6 relicenses and 5 license
amendments per year authorizing new
capacity. In sum, on average a total of
10.6 licensees and exemptees may be
affected by the proposed rule annually.
18. Of the 10.6 total entities, only
those that do not start construction
within two years, or receive a stay of
their license, will be negatively affected
by the acceleration of annual charges.
As noted above, on average, 5.2 affected
licensees and/or exemptees per year do
not start construction within two years.
Conversely, small entities that would
otherwise start construction before the
two year mark after their effective date
will benefit from the proposed rule as it
delays the commencement of their
annual charges.
19. Accordingly, pursuant to section
605(b) of the RFA, the Commission
certifies that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
D. 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 July 21, 2015.
Comments must refer to Docket No.
RM15–18–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address.
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
Commission accepts most standard
word processing formats. Documents
29 13
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CFR 121.201, Sector 22, Utilities (2014).
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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.
E. 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 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 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 11
Electric power, Reporting and
recordkeeping requirements.
By direction of the Commission.
Issued: May 14, 2015
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to amend Part 11,
Chapter I, Title 18, Code of Federal
Regulations, as follows:
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Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules
PART 11—ANNUAL CHARGES UNDER
PART I OF THE FEDERAL POWER ACT
1. The authority citation for Part 11
continues to read as follows:
■
Authority: 16 U.S.C. 792–828c; 42 U.S.C.
7101–7352.
2. Revise § 11.1(c)(5) to read as
follows:
■
§ 11.1
Costs of administration.
*
*
*
*
*
(c) * * *
(5) For unconstructed projects, the
assessments start two years after the
effective date of the license or
exemption. For constructed projects, the
assessments start on the effective date of
the license or exemption, except for any
new capacity authorized therein. The
assessments for new authorized capacity
start two years after the effective date of
the license, exemption, or amendment,
authorizing such new capacity. In the
event that assessment commences
during a fiscal year, the charges will be
prorated based on the date of
commencement.
*
*
*
*
*
[FR Doc. 2015–12432 Filed 5–21–15; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF STATE
22 CFR Parts 120, 123, 124, 125, and
126
RIN 1400–AC88
[Public Notice 9139]
Amendment to the International Traffic
in Arms Regulations: Exports and
Temporary Imports Made to or on
Behalf of a Department or Agency of
the U.S. Government; Procedures for
Obtaining State Department
Authorization To Export Items Subject
to the Export Administration
Regulations; Revision to the
Destination Control Statement; and
Other Changes
Department of State.
Proposed rule.
AGENCY:
ACTION:
As part of the President’s
Export Control Reform (ECR) effort, the
Department of State is proposing to
amend the International Traffic in Arms
Regulations (ITAR) to: clarify
regulations pertaining to the export of
items subject to the Export
Administration Regulations (EAR);
revise the licensing exemption for
exports made to or on behalf of an
agency of the U.S. government; revise
the destination control statement in
ITAR § 123.9 to harmonize the language
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SUMMARY:
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with the EAR; and make several minor
edits for clarity. The proposed revisions
contained in this rule are part of the
Department of State’s retrospective plan
under E.O. 13563.
DATES: The Department of State will
accept comments on this proposed rule
until July 6, 2015.
ADDRESSES: Interested parties may
submit comments by one of the
following methods:
• Email: DDTCPublicComments@
state.gov with the subject line, ‘‘ITAR
Amendment—To or on behalf of’’;
• Internet: At www.regulations.gov,
search for this proposed rule by using
this proposed rule’s RIN (1400–AC88).
Comments received after that date
will be considered if feasible, but
consideration cannot be assured. Those
submitting comments should not
include any personally identifying
information they do not desire to be
made public or information for which a
claim of confidentiality is asserted
because those comments and/or
transmittal emails will be made
available for public inspection and
copying after the close of the comment
period via the Directorate of Defense
Trade Controls Web site at
www.pmddtc.state.gov. Parties who
wish to comment anonymously may do
so by submitting their comments via
www.regulations.gov, leaving the fields
that would identify the commenter
blank and including no identifying
information in the comment itself.
Comments submitted via
www.regulations.gov are immediately
available for public inspection.
FOR FURTHER INFORMATION CONTACT: Mr.
C. Edward Peartree, Director, Office of
Defense Trade Controls Policy,
Department of State, telephone (202)
663–2792; email
DDTCPublicComments@state.gov.
ATTN: ITAR Amendment—To or on
behalf of. The Department of State’s full
retrospective plan can be accessed at
https://www.state.gov/documents/
organization/181028.pdf.
SUPPLEMENTARY INFORMATION: The
Department proposes to make the
following revisions in this rule:
Items subject to the EAR: This
proposed rule adds clarifying language
to various provisions of the ITAR
pertaining to the export of items subject
to the EAR pursuant to a Department of
State authorization, when such exports
are made in conjunction with items
subject to the ITAR. These revisions
include guidance on the use of licensing
exemptions for export of such items, as
well as clarification that items subject to
the EAR are not considered defense
articles, even when exported under a
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29565
license or other approval (to include
exemptions, see § 120.20) issued by the
Department of State.
Items exported to or on behalf of an
agency of the U.S. government: This
proposed rule revises the licensing
exemption language in ITAR § 126.4 to
clarify when exports may be made to or
on behalf of an agency of the U.S.
government without a license.
Additionally, the scope of this
exemption is expanded in that it will
allow for permanent exports, rather than
only temporary exports. The
Department seeks comments from the
public on whether the proposed
revision adequately eliminates
ambiguity as to when the exemption
may be applied, and whether it creates
any unintended compliance burden.
Revision to the Destination Control
Statement: This proposed rule revises
the destination control statement in
ITAR § 123.9 to harmonize its language
with the EAR. This change is being
made to facilitate the President’s Export
Control Reform initiative, which has
transferred thousands of formerly ITARcontrolled defense article parts and
components, along with other items, to
the Commerce Control List in the EAR
under the jurisdiction of the Department
of Commerce.
This change in jurisdiction for many
parts and components, along with other
items, for military systems has increased
the incidence of exporters shipping
articles subject to both the ITAR and the
EAR in the same shipment. Both
regulations have a mandatory
destination control statement that must
be on the export control documents for
shipments that include items subject to
both sets of regulations. This has caused
confusion to exporters as to which
statement to include on mixed
shipments, or whether to include both.
Harmonizing these statements will ease
the regulatory burden on exporters.
Procedures for Obtaining State
Department Authorization to Export
Items Subject to the EAR: This proposed
rule revises the ITAR in a number of
places to clarify how parties may obtain
authorization from the Department to
export or retransfer items subject to the
EAR. Section 120.5 is revised to clarify
that items subject to the EAR may be
authorized pursuant to an exemption
with certain conditions. A new
paragraph (d) is added to ITAR § 123.9
to clarify the requirements for
retransferring items subject to the EAR
pursuant to a letter of General
Correspondence. Section 124.16 is
revised to clarify that the special
retransfer authorization of this section
may be used for items subject to the
EAR with certain conditions.
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]]>Agencies
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Proposed Rules]
[Pages 29562-29565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12432]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 11
[Docket No. RM15-18-000]
Commencement of Assessment of Annual Charges
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to revise its regulations regarding when the Commission will commence
assessing annual charges to hydropower licensees and exemptees, other
than state or municipal entities, with respect to licenses and
exemptions authorizing unconstructed projects and new capacity.
Specifically, the Commission proposes to commence assessing annual
charges two years from the effective date of the project license,
exemption, or amendment authorizing new capacity, rather than on the
date that project construction starts. The proposed revisions will
provide administrative efficiency and promote certainty among
licensees, exemptees, and Commission staff as to when annual charges
will commence.
DATES: Comments are due July 21, 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, rather than 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 for submitting comments and
additional information on the rulemaking process, see the Comment
Procedures section of this document.
FOR FURTHER INFORMATION CONTACT:
Tara DiJohn (Legal Information), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426, (202) 502-8671, tara.dijohn@ferc.gov.
Norman Richardson (Technical Information), Office of the Executive
Director, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502-6219, norman.richardson@ferc.gov.
SUPPLEMENTARY INFORMATION:
TABLE OF CONTENTS
Paragraph
Number
I. Background.............................................. 1.
II. Proposed Revisions..................................... 8.
III. Regulatory Requirements............................... 13.
A. Information Collection Statement.................... 13.
B. Environmental Analysis.............................. 14.
C. Regulatory Flexibility Act.......................... 15.
D. Comment Procedures.................................. 20.
E. Document Availability............................... 24.
I. Background
1. Section 10(e)(1) of the Federal Power Act (FPA),\1\ and section
3401 of the Omnibus Budget Reconciliation Act of 1986,\2\ require the
Federal Energy Regulatory Commission (Commission) to, among other
things, collect annual charges from licensees in order to reimburse the
United States for the costs of administering Part I of the FPA. The
Commission assesses these annual charges against licensees and
exemptees of projects with more than 1.5 megawatts (MW) of installed
capacity under section 11.1 of its regulations.\3\
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\1\ 16 U.S.C. 803(e)(1) (2012).
\2\ 42 U.S.C. 7178 (2012).
\3\ 18 CFR 11.1 (2014).
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2. Currently, the Commission begins assessing these annual charges
against licensees and exemptees with original licenses or exemptions
authorizing unconstructed projects on the date project construction
starts.\4\ The Commission also begins assessing annual charges for new
capacity, authorized by a relicense \5\ or an amendment of a license or
exemption, on the date that the construction to enable such capacity
starts.\6\ Because this proposed rule affects only projects with
respect to which annual charges are assessed when project construction
starts, we will not further discuss state or municipal projects,
projects that do not have installed capacity that exceeds 1.5 MW, or
constructed projects without newly authorized capacity.\7\
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\4\ Id. (c)(5).
\5\ We use the term ``relicense'' to refer to any new or
subsequent license.
\6\ 18 CFR 11.1(c)(5) (2014). We refer to the addition of
capacity and a reduction of capacity (on occasion, capacity is
reduced as a result of construction, in which case annual charges
are lowered) as ``new capacity.''
\7\ Licensees or exemptees that are state or municipal entities
are already not assessed annual charges until project operation
commences. 18 CFR 11.1(d)(6) (2014). As noted above, the Commission
does not assess annual charges with respect to projects with
installed capacity of less than or equal to 1.5 MW. Licensees or
exemptees of constructed projects without new capacity are assessed
annual charges immediately, because their entire capacity is already
in place. See 18 CFR 11.1(c)(5) (2014).
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[[Page 29563]]
3. Recently, to determine when project construction starts for
annual charges purposes, the Commission has included language in its
orders requiring the licensee or exemptee to notify the Commission when
project construction begins.\8\ Otherwise, the Commission has to
contact the licensee or exemptee to determine that date.
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\8\ See, e.g., Eagle Crest Energy Company, 147 FERC ] 61,220, at
Article 207 (2014) (requiring the licensee to notify the Commission
of the date when it starts construction of the unconstructed
project); Wisconsin Electric Power Co., 144 FERC ] 62,268, at
ordering para. (G) (2013) (requiring the licensee to notify the
Commission of the date when it starts construction of the newly
authorized capacity).
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4. Annual charges assessment should typically commence within two
years of the effective date of the order issuing a license, exemption,
or amendment adding capacity.\9\ Original licenses and relicenses
require a licensee to start construction no later than two years from
the effective license date pursuant to section 13 of the FPA.\10\
Similarly, exemptions of unconstructed projects include standard
exemption Article 3, which allows the Commission to revoke an exemption
if actual construction of the proposed generating facilities has not
begun within two years.\11\ Amendments adding new capacity include an
ordering paragraph that typically requires the licensee or exemptee to
start construction within two years of the amendment's issuance
date.\12\
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\9\ Unless otherwise specified, orders are effective on the date
of issuance. 18 CFR 385.2007(c)(1) (2014). On occasion, a relicense
is issued before the expiration of the prior license. In that
circumstance, the effective date would not be the date of issuance
and would instead be established in the order to coincide with the
expiration of the prior license.
\10\ See 16 U.S.C. 806 (2012).
\11\ 18 CFR 4.94(c) (2014).
\12\ See, e.g., Northern States Power Co., 138 FERC ] 62,022, at
ordering para. (E) (2012).
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5. In some cases, construction may not begin by the two-year
deadline and therefore annual charges assessment may begin more than
two years after the effective date (e.g., when a license's start of
construction deadline is extended by the Commission for an additional
period of no more than two years as permitted by section 13 of the
FPA).\13\ In rare cases, the Commission has granted requests for stay
of a license's start of construction deadline, or of an entire license,
in certain narrowly circumscribed circumstances.\14\ On average, the
Commission grants extensions and stays of a license's start of
construction deadline 3.4 and zero \15\ times per year, respectively.
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\13\ 16 U.S.C. 806 (2012).
\14\ Such circumstances may exist where there are preconditions
to construction that are beyond a licensee's control but will likely
be resolved within a definitive period of time. See City of Broken
Bow, Oklahoma, 142 FERC ] 61,118, at PP 8-9 (2013) (staying the
start of construction deadline where City presented sufficient proof
it would not be able to timely start project construction for
reasons outside of its control).
\15\ From 2010 through 2014, the Commission granted three
requests for stays of construction deadlines to municipal licensees
with projects at U.S. Army Corps of Engineers' dams.
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6. Similarly, exemptees may not begin construction by the deadline,
and may request that the Commission extend the deadline to start
construction. The Commission expects the prompt development of
exemption projects and that exemption applicants will anticipate and
solve problems that affect construction either before or during the
time that they seek their exemptions.\16\ From 2010 through 2014, the
Commission granted two extensions of start of construction deadlines,
or on average 0.4 times per year, to exemptees.
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\16\ Ralph and Raleigh Coppedge, 28 FERC ] 61,363, at 61,654 &
n.11 (1984) (citing, FERC Stats. & Regs., Regulations Preambles
1977-1981 ] 30,204, at 31,368 (1980). Exemption from All or Part of
Part I of the Federal Power Act of Small Hydroelectric Power
Projects With an Installed Capacity of Five Megawatts or Less, Order
No. 106.
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7. Licensees and exemptees can experience delays and may request an
extension of an amendment order's start of construction deadline as
well. From 2010 through 2014, the Commission granted six initial
extensions of a start of construction deadline, or an average of 1.2
extensions per year, to licensees granted amendments authorizing new
capacity.
II. Proposed Revisions
8. The Commission proposes to revise section 11.1(c)(5) of its
regulations regarding when it will commence assessing annual charges
with respect to hydropower licenses and exemptions authorizing
unconstructed projects and new capacity. Specifically, the Commission
proposes to commence assessing annual charges two years from the
effective date of an order issuing a license, exemption, or an
amendment authorizing additional capacity, rather than on the date
project construction starts.
9. The Commission anticipates the proposed rule will provide
administrative efficiency and foster certainty among licensees,
exemptees, and Commission staff as to when annual charges will
commence. Licensees and exemptees will no longer need to notify the
Commission when project construction starts for the purpose of
assessing annual charges and, in turn, the Commission will not have to
contact the licensee or exemptee for this purpose.
10. This proposed change, however, will affect those licensees and
exemptees that do not start construction within two years. Annual
charges will be assessed two years from the effective date of an order
issuing a license, exemption, or an amendment authorizing additional
capacity, regardless of whether the Commission has granted an extension
of time for construction or a stay of the construction deadline.\17\ As
noted above, on average, 5 (3.4 licenses + 0.4 exemptions + 1.2 license
amendments) affected projects each year receive extensions of the start
of construction deadline, and zero receive a stay of the start of
construction deadline.\18\
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\17\ Additionally, this proposed change may affect any licensees
and exemptees that utilize a phase-in approach for adding capacity.
\18\ Stays of entire licenses, however, will continue to stay
the assessment of annual charges.
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11. In addition, licensees and exemptees that do not start
construction by the deadline established in their license or exemption,
or as extended by the Commission, will be affected. If a licensee fails
to start construction within two years of its license's effective date
or as extended by the Commission, the Commission must terminate the
license pursuant to section 13 of the FPA.\19\ Similarly, as noted
above, standard exemption Article 3 states that the Commission may
revoke an exemption if the exemptee fails to start construction within
the time prescribed by the Commission. From 2010 through 2014, the
Commission terminated one license, or an average of 0.2 licenses per
year, and no exemptions. Therefore, we estimate that annually 0.2
licenses would have been assessed annual charges after the two-year
deadline until their termination for failure to construct.
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\19\ 16 U.S.C. 806 (2012).
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12. In sum, we anticipate that, on average, 5.2 (5 extensions + 0.2
terminations) licensees and/or exemptees per year will begin paying
annual charges before starting construction or before the Commission
terminates its license or revokes its exemption under the proposed
rule.
[[Page 29564]]
III. Regulatory Requirements
A. Information Collection Statement
13. The Paperwork Reduction Act \20\ requires each federal agency
to seek and obtain Office of Management and Budget (OMB) approval
before undertaking a collection of information directed to ten or more
persons or contained in a rule of general applicability. OMB
regulations require approval of certain information collection
requirements contemplated by proposed rules.\21\ The proposed revisions
discussed above do not impose or alter existing reporting or
recordkeeping requirements on applicable entities as defined by the
Paperwork Reduction Act.\22\ Therefore, the Commission will submit this
proposed rule to OMB for informational purposes only.
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\20\ 44 U.S.C. 3501-3521 (2012).
\21\ See 5 CFR 1320.11 (2014).
\22\ 44 U.S.C. 3502(2)-(3) (2012).
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B. Environmental Analysis
14. 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.\23\
Commission actions concerning annual charges are categorically exempt
from this requirement.\24\
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\23\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47,897 (Dec. 17, 1987), FERC
Stats. & Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
\24\ See 18 CFR 380.4 (a)(11) (2014).
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C. Regulatory Flexibility Act
15. The Regulatory Flexibility Act of 1980 (RFA) \25\ generally
requires a description and analysis of proposed and final rules that
will have significant economic impact on a substantial number of small
entities. The RFA mandates consideration of regulatory alternatives
that accomplish the stated objectives of a proposed rule and minimize
any significant economic impact on a substantial number of small
entities.\26\
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\25\ 5 U.S.C. 601-612 (2012).
\26\ 5 U.S.C. 603(c) (2012).
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16. The Small Business Administration's (SBA) Office of Size
Standards develops the numerical definition of a small business.\27\
The SBA revised its size standard for electric utilities (effective
January 22, 2014) from a standard based on megawatt hours to a standard
based on the number of employees, including affiliates.\28\ Under SBA's
current size standards, a hydroelectric generator is small if,
including its affiliates, it employs 500 or fewer people.\29\ The
Commission, however, currently does not require information regarding
the number of individuals employed by hydroelectric generators to
administer Part I of the FPA, and therefore, is unable to estimate the
number of small entities using the new SBA definitions. Regardless, the
Commission anticipates that the proposed rule will affect few small
hydroelectric generators.
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\27\ 13 CFR 121.101 (2014).
\28\ SBA Final Rule on ``Small Business Size Standards:
Utilities,'' 78 FR 77,343 (Dec. 23, 2013).
\29\ 13 CFR 121.201, Sector 22, Utilities (2014).
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17. As noted earlier, the proposed rule will only affect non-state
or municipal licensed projects with an installed capacity exceeding 1.5
MW that are unconstructed or have newly authorized capacity. From 2010
through 2014, the Commission issued on average 3.6 original licenses
and 0.4 exemptions per year authorizing unconstructed projects to
affected licensees and exemptees, and 1.6 relicenses and 5 license
amendments per year authorizing new capacity. In sum, on average a
total of 10.6 licensees and exemptees may be affected by the proposed
rule annually.
18. Of the 10.6 total entities, only those that do not start
construction within two years, or receive a stay of their license, will
be negatively affected by the acceleration of annual charges. As noted
above, on average, 5.2 affected licensees and/or exemptees per year do
not start construction within two years. Conversely, small entities
that would otherwise start construction before the two year mark after
their effective date will benefit from the proposed rule as it delays
the commencement of their annual charges.
19. Accordingly, pursuant to section 605(b) of the RFA, the
Commission certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities.
D. 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 July 21, 2015. Comments must refer to
Docket No. RM15-18-000, and must include the commenter's name, the
organization they represent, if applicable, and their address.
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 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.
E. 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 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 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 11
Electric power, Reporting and recordkeeping requirements.
By direction of the Commission.
Issued: May 14, 2015
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission proposes to amend
Part 11, Chapter I, Title 18, Code of Federal Regulations, as follows:
[[Page 29565]]
PART 11--ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER ACT
0
1. The authority citation for Part 11 continues to read as follows:
Authority: 16 U.S.C. 792-828c; 42 U.S.C. 7101-7352.
0
2. Revise Sec. 11.1(c)(5) to read as follows:
Sec. 11.1 Costs of administration.
* * * * *
(c) * * *
(5) For unconstructed projects, the assessments start two years
after the effective date of the license or exemption. For constructed
projects, the assessments start on the effective date of the license or
exemption, except for any new capacity authorized therein. The
assessments for new authorized capacity start two years after the
effective date of the license, exemption, or amendment, authorizing
such new capacity. In the event that assessment commences during a
fiscal year, the charges will be prorated based on the date of
commencement.
* * * * *
[FR Doc. 2015-12432 Filed 5-21-15; 8:45 am]
BILLING CODE 6717-01-P
