Revisions to Public Utility Filing Requirements, 43619-43625 [2015-17950]
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Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
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OMAHA, IA VORTAC .....................................................
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 46
[Docket No. RM15–3–000; Order No. 812]
Federal Energy Regulatory
Commission, Energy.
ACTION: Final rule.
AGENCY:
The Commission is revising
its regulation to eliminate the
requirement to submit FERC–566
(Annual Report of a Utility’s 20 Largest
Customers) for regional transmission
organizations, independent system
operators, and exempt wholesale
generators. The Commission is also
revising 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. Further,
the Commission is eliminating the
requirement for public utilities
submitting FERC–566 to identify
individual residential customers by
name and address.
SUMMARY:
[FR Doc. 2015–18083 Filed 7–22–15; 8:45 am]
Revisions to Public Utility Filing
Requirements
NORFOLK, NE VOR/DME ............................................
51
OMAHA
This rule will become effective
October 6, 2015.
DATES:
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:
Table of Contents
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Paragraph Nos.
I. Discussion ..................................................................................................................................................................................
A. RTOs and ISOs .................................................................................................................................................................
1. Commission Proposal ................................................................................................................................................
2. Comments ...................................................................................................................................................................
3. Commission Determination .......................................................................................................................................
B. EWGs .................................................................................................................................................................................
1. Commission Proposal ................................................................................................................................................
2. Comments ...................................................................................................................................................................
3. Commission Determination .......................................................................................................................................
C. Public Utilities That Have Not Made Reportable Sales in Preceding Three Years ......................................................
1. Commission Proposal ................................................................................................................................................
2. Comments ...................................................................................................................................................................
3. Commission Determination .......................................................................................................................................
D. Identification Requirement ..............................................................................................................................................
1. Commission Proposal ................................................................................................................................................
2. Comments ...................................................................................................................................................................
3. Commission Determination .......................................................................................................................................
II. Information Collection Statement ...........................................................................................................................................
III. Environmental Analysis .........................................................................................................................................................
IV. Regulatory Flexibility Act Certification ................................................................................................................................
V. Document Availability ............................................................................................................................................................
VI. Effective Date and Congressional Notification .....................................................................................................................
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Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
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Order No. 812—Final Rule
1. In this final rule, the Commission
revises part 46 of 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 also revises
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. Further,
the Commission is eliminating the
requirement for public utilities
submitting FERC–566 to identify
individual residential customers by
name and address.
I. Discussion
2. Section 305(c) of the 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
3. The Commission implemented
Congress’s 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
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 20 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
4. In a Notice of Proposed Rulemaking
(NOPR) issued on December 18, 2014,
the Commission proposed to revise its
regulations to reduce the regulatory
burden of compliance on public
utilities, while meeting the statutory
1 16
U.S.C. 825d(c).
CFR part 46.
3 18 CFR 46.3.
2 18
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standards set forth in the FPA.
Specifically, the Commission proposed
to eliminate the requirement to submit
FERC–566 for RTOs, ISOs, and EWGs,
as well as public utilities that have not
made any reportable sales in any of the
three preceding years. The Commission
further proposed to eliminate the
requirement for public utilities
submitting FERC–566 to identify
individual residential customers by
name and address.4
A. RTOs and ISOs
1. Commission Proposal
5. The Commission proposed to
eliminate the requirement to submit
FERC–566 for RTOs and ISOs. The
Commission stated that the statute
expressly seeks to acquire information
about purchasers of electric energy who
purchased ‘‘for purposes other than
resale.’’ 5 The Commission noted that,
by their nature, RTOs and ISOs are
focused primarily on sales of electric
energy for resale.
2. Comments
6. The ISO/RTO Council,6 South
Central MCN, LLC (South Central MCN)
and Midcontinent MCN, LLC
(Midcontinent MCN), Edison Electric
Institute (EEI), International
Transmission Company d/b/a ITC
Transmission, Michigan Electric
Transmission Company, LLC, ITC
Midwest LLC, and ITC Great Plains, LLC
(collectively ITC), and Financial
Marketers Coalition support the
proposed rule to eliminate the
requirement that RTOs and ISOs submit
FERC–566.
7. South Central MCN and
Midcontinent MCN support eliminating
the requirement that RTOs and ISOs
submit FERC–566, but recommend that
the Commission also extend the
exemption to all transmission-only
companies (transcos) such as South
Central MCN and Midcontinent MCN.
South Central MCN and Midcontinent
MCN state that, like RTOs and ISOs,
transcos, by their nature, do not make
any retail sales of electricity and do not
have any retail customers. Accordingly,
transcos will not have reportable sales
4 Revisions to Public Utility Filing Requirements,
79 FR 78,739 (Dec. 31, 2014), FERC Stats. & Regs.,
Proposed Regs. ¶ 32,704 (2014).
5 16 U.S.C. 825(c)(2)(D).
6 The ISO/RTO Council is comprised of Alberta
Electric System Operator; California Independent
System Operator Corporation; Electric Reliability
Council of Texas, Inc.; Independent Electricity
System Operator; ISO New England Inc.;
Midcontinent Independent System Operator, Inc.;
New York Independent System Operator, Inc.; PJM
Interconnection, L.L.C.; and Southwest Power Pool,
Inc.
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under FERC–566 and should be
exempted from the filing requirement.
8. Similarly, EEI recommends that the
Commission extend the reporting
exemption to cover qualifying facilities
(QFs). EEI states that QFs engage in
sales primarily or exclusively at
wholesale. EEI submits that eliminating
the reporting requirement on QFs would
ease the administrative burden for both
them and the Commission.
9. In addition, EEI encourages the
Commission to clarify that public
utilities participating in RTO and ISO
markets are also exempt from the FERC–
566 filing requirement as to all
transactions conducted in those
markets. EEI submits that the RTO and
ISO markets are essentially wholesale in
nature and participants in those markets
will, by definition, be engaging only in
non-reportable sales in the markets.
Finally, EEI notes that the Commission
should correct the proposed regulatory
text in section 46.3(a)(2) by replacing
‘‘Regional Transmission Operators’’
with ‘‘Regional Transmission
Organizations.’’
10. Powerex Corp. (Powerex) argues
that the Commission should expand its
exemptions from FERC–566 reporting to
include public utilities that have a de
minimis market presence in making
sales to purchasers ‘‘for purposes other
than resale.’’ Powerex asserts that this
would recognize that many public
utility sellers are almost exclusively
engaged in wholesale sales. Specifically,
Powerex proposes that the Commission
establish a de minimis threshold for
exemption from filing FERC–566 if the
seller makes 4,000,000 megawatt-hours
(MWhs) or less of annual non-wholesale
sales (based on an average of the nonwholesale sales it made in the preceding
three years). Powerex claims that this is
the de minimis market presence
threshold that the Commission adopted
for non-public utilities in its decision to
exclude certain non-public utilities from
the requirement to submit Electric
Quarterly Reports (EQR).
3. Commission Determination
11. The Commission will adopt the
proposed exemption of RTOs and ISOs
from the requirement to file FERC–566.
We also revise proposed section
46.3(a)(2) by replacing ‘‘Regional
Transmission Operators’’ with
‘‘Regional Transmission Organizations.’’
We find that the revised regulation will
reduce the regulatory burden of
compliance on RTOs and ISOs.
12. We decline to grant the
clarification requested by EEI that
public utilities participating in RTO and
ISO markets are exempt from the FERC–
566 filing requirement as to all
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transactions conducted in those
markets. Such utilities may well also
make sales ‘‘for purposes other than for
resale,’’ and the statutory directive
encompasses such utilities and such
sales.7 Adopting EEI’s suggestion would
virtually eliminate the filing
requirement, contrary to the statute. We
also decline to grant EEI’s request to
exempt QFs from the requirement to file
FERC–566. QFs, in fact, may make sales
‘‘for purposes other than for resale,’’ and
the statutory directive encompasses
such utilities and such sales. Moreover,
in its regulations exempting QFs from
certain provisions of the FPA, the
Commission specifically excluded FPA
section 305(c). Specifically, section
292.601(c) states that ‘‘[a]ny qualifying
facility . . . shall be exempt from all
sections of the Federal Power Act,
except: . . . Sections 305(c).’’ 8 We are
not persuaded to change that regulation
at this time.
13. Likewise, we decline to extend the
exemption to transcos. We agree with
South Central MCN and Midcontinent
MCN that transcos by their nature
would be unlikely to make retail sales.
Unlike RTOs and ISOs, however,
transcos are not defined in the
Commission’s regulations and as such,
are not as easily identified. Further, a
transco may also—at any time—readily
shift its business strategy to encompass
making sales for purposes other than for
resale. And, in any event, if a transco
does not, in fact, make any sales for
purposes other than resale, the burden
is minimal, particularly given the
further change that we adopt below to
eliminate the reporting obligation when
a public utility makes no reportable
sales for the preceding three years.
14. We also decline to establish a de
minimis threshold for exemption from
filing FERC–566. The language of the
statute does not appear to permit the
Commission to establish the kind of
exemption Powerex seeks. Further,
while Powerex claims that this is the de
minimis market presence threshold the
Commission adopted for non-public
utilities in its decision to exclude
certain non-public utilities from the
requirement to submit EQRs, such
reports were not expressly required by
the statute but instead were established
by the Commission. Thus, the
Commission has far greater leeway in
allowing exemptions from EQR
reporting requirements.
7 Insofar
as EEI may be concerned about sales
made in those markets, to the extent those sales
may be sales for resale, such sales would not be
themselves reportable in any event. Only sales for
purposes other than for resale are reportable.
8 18 CFR 292.601(c)(4).
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B. EWGs
1. Commission Proposal
15. The Commission proposed to
eliminate the requirement to submit
FERC–566 for EWGs. The Commission
noted that, by definition, EWGs do not
have retail customers.9 Because the
statute seeks to acquire information
about purchasers of electric energy who
purchased for purposes other than for
resale, i.e., for retail, EWGs should not
be required to submit FERC–566.
2. Comments
16. The NRG Companies (NRG),
Financial Marketers Coalition, South
Central MCN and Midcontinent MCN,
ITC, and EEI support the proposed
elimination of the requirement that
EWGs submit FERC–566. NRG states
that eliminating the obligation to have
EWGs file a blank form will remove an
administrative burden on companies,
will be consistent with directives in the
Government Paperwork Elimination Act
to reduce the information collection
burden, and will not have any impact
on the reporting of actual customers to
the Commission.
3. Commission Determination
17. The Commission will adopt the
proposed exemption. We find that the
revised regulation will reduce the
regulatory burden of compliance on
EWGs, who definitionally cannot make
sales for purposes other than for
resale.10
C. Public Utilities That Have not Made
Reportable Sales in Preceding Three
Years
1. Commission Proposal
18. The Commission proposed 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. The
Commission stated that section 305(c)
requires public utilities to publish a list
of purchasers; it does not require a
report of the absence of purchasers.
2. Comments
19. NRG, ITC, South Central MCN and
Midcontinent MCN, Financial Marketers
Coalition and EEI support the proposed
rule 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. NRG
9 The Commission’s regulations define an EWG as
any person that is ‘‘engaged . . . 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.’’
18 CFR 366.1 (emphasis added).
10 See supra note 10.
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states that, of its over 100 public
utilities, less than 10 typically have
retail customers in any given year, and,
therefore, for the majority of its public
utilities, NRG does not have customers
to report on FERC–566. ITC states that,
as independent electric transmission
companies, its operating companies
have never made reportable sales. EEI
agrees that public utilities that have
only wholesale sales in the three year
period covered by each annual FERC–
566 should not be required to file the
report. NRG, ITC, South Central MCN
and Midcontinent MCN, and EEI
variously assert that it makes no sense
to file a report when there is no
reportable information, that there is no
benefit to the Commission or parties in
indicating no reportable sales, and that
such an exemption will promote
administrative efficiency.
20. In addition, EEI states that the
Commission should clarify proposed
section 46.3(a)(4) in one respect. EEI
states that, by stating that any public
utility without ‘‘reportable sales’’ in the
three year period is exempt from filing
FERC–566, the Commission should
specify that it means to exempt any
public utility with ‘‘no sales or only
wholesale sales’’ in the three year
period.
21. EEI also states that because section
305(c)(2) applies only to public utilities
and their sales, it recommends that the
Commission clarify that only public
utilities within a holding company
system need to file FERC–566, and only
sales by such utilities within the
holding company system need to be
considered in compiling the report.
22. Powerex states that there is
uncertainty as to the types of
transactions that fall within the
Commission’s Part 46 reporting
requirements regarding sales of electric
energy to purchasers ‘‘for purposes
other than for resale.’’ Powerex submits
that the Commission should clarify how
public utilities should identify sales to
purchasers ‘‘for purposes other than for
resale’’ for inclusion in FERC–566.
Powerex states that, as a marketer, it
generally does not have information on
whether its purchasers subsequently
resold the power they purchased from
Powerex. Powerex states that, out of an
abundance of caution and to ensure
compliance, in its FERC–566
submissions it submits an overlyinclusive listing of purchasers it
believes have end-use facilities and
would otherwise be required to possess,
but do not appear to currently have,
Commission authorization to make
market-based rate wholesale sales.
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3. Commission Determination
23. The Commission will adopt the
proposed regulation, but will clarify it
in accordance with the suggestion by
EEI, by replacing ‘‘public utilities that
have no reportable sales as defined in
section (b)’’ with ‘‘public utilities that
have either no reportable sales as
defined in paragraph (b) or only sales
for resale.’’ We find that this revised
regulation will reduce the regulatory
burden of compliance on public utilities
that have no reportable sales.
24. We decline to grant the
clarification requested by EEI that only
public utilities within a holding
company system need to file FERC–566,
and only the sales by such utilities
within the holding company system
need to be considered in compiling the
report. FPA section 305(c) applies to all
public utilities, not just public utilities
within a holding company system.
25. We disagree with Powerex that
there is uncertainty as to the types of
transactions that fall within the
Commission’s Part 46 reporting
requirements regarding sales of electric
energy to purchasers ‘‘for purposes
other than for resale.’’ Section 305(c) of
the FPA requires that each public utility
shall publish a list of any company,
firm, or organization that, during any
one of the three calendar years
preceding the filing date, was one of the
20 purchasers of electric energy ‘‘which
purchased (for purposes other than for
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
those three years.11
D. Identification Requirement
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1. Commission Proposal
26. The Commission proposed to
eliminate the requirement for public
utilities submitting FERC–566 to
identify individual residential
customers by name and address. The
Commission noted that the regulations
currently require that each public utility
identify each purchaser on the list of the
20 largest purchasers by name and
principal business address, but that it
may not be necessary to have such
detailed information about residential
customers.
2. Comments
27. Financial Marketers Coalition,
South Central MCN and Midcontinent
MCN, EEI and ITC support the proposed
rule to eliminate the requirement for
public utilities submitting FERC–566 to
11 16
U.S.C. 825d(c).
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identify individual residential
customers by name and address.
28. Contending that the current
regulations go beyond the statutory
requirements, EEI states that the
Commission should eliminate the need
to report residential customers by
clarifying that public utilities need
report only any ‘‘company, firm, or
organization’’ that falls within the 20
highest-volume purchasers in any of the
preceding three years. EEI also states
that the Commission should eliminate
from section 46.3 the requirement to
notify and include the address of each
of the purchasers listed in FERC–566.
EEI further states that the Commission
should eliminate the requirement at
section 46.3(e) to submit revised FERC–
566 by March 1 of each year if the
January 31 filing was based on
estimated data. EEI submits that this
filing is not required by statute, is
unnecessary, and adds to the reporting
burden. EEI states that, if the
Commission does not eliminate the
requirement altogether, the Commission
should specify that revised reports need
to be filed only if new data available by
March 1 would make a material
difference in the report.
29. EEI also states that the
Commission should clarify that despite
the ‘‘aggregation’’ provision at section
46.3(c), public utilities can treat
individual stores or other facilities
within a family of stores or parent
company as separate customers rather
than having to be batched, if the stores
or facilities purchase or pay for their
electricity separately rather than as a
group through the parent company.
3. Commission Determination
30. The Commission will adopt the
proposed regulation to eliminate the
requirement for public utilities
submitting FERC–566 to identify
individual residential customers by
name and address. Instead we will
allow public utilities to identify
individual residential customers as
‘‘Residential Customer,’’ and provide a
zip code in lieu of an address. We find
that the revised regulation will reduce
the regulatory burden of compliance on
public utilities.
31. We agree with EEI that the
requirement that public utilities notify
the 20 largest purchasers, currently
found in section 46.3 of the regulations,
is unnecessary. Thus, we eliminate this
requirement from the regulations.
32. However, we decline to grant the
clarification requested by EEI that
public utilities need not report
residential customers but rather need
report only any ‘‘company, firm, or
organization’’ that falls within the 20
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highest-volume purchasers in any of the
preceding three years. EEI seeks to draw
a distinction not made by the statute,
because, although the statute requires
public utilities to report ‘‘any company,
firm, or organization’’ which was one of
the 20 largest purchasers of electric
energy, an individual residential
customer could, in fact, be a business
structured as a sole proprietorship or
some other ownership structure; this
could explain why a residential
customer is one of the public utility’s 20
largest purchasers.
33. We also disagree with EEI that
public utilities may treat individual
stores or other facilities within a family
of stores or under a parent company as
separate customers rather than having to
be batched, if the stores or facilities
purchase or pay for their electricity
separately rather than as a group
through the parent company. The
statute requires the reporting of
‘‘purchasers’’ of electric energy, not
accounts. Therefore, even if a family of
stores or other facilities within a family
pay for their electric energy separately,
it would be appropriate to aggregate
them in accordance with the statute and
section 46.3(c) of the Commission’s
regulations.12
34. We also decline to grant EEI’s
request that we eliminate the
requirement to submit revised FERC–
566 reports by March 1 of each year if
the January 31 filing was based on
estimated data. Although not
specifically required by statute, the
regulation helps ensure that the data
collected is accurate.
II. Information Collection Statement
35. The Paperwork Reduction Act
(PRA) 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’s regulations,13 in
turn, require approval of certain
information collection requirements
imposed by agency rules. 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
12 Even if we were to adopt such a change, it
would not reduce the reporting from 20 purchasers
to some lesser number. While some purchasers
might drop off the list as a result, others that were
previously the 24th or 27th largest purchasers, for
example, would then effectively move up the list
to within the 20 largest purchasers. In short, who
is on the list might change, but the number of
purchasers reported would not change.
13 5 CFR part 1320.
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collections of information unless the
collections of information display a
valid OMB control number.
36. The Commission is submitting the
proposed modifications to its
information collection to OMB for
review and approval in accordance with
section 3507(d) of the Paperwork
Reduction Act of 1995.14 In the NOPR,
the Commission solicited comments on
the Commission’s 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.
37. The Commission did not receive
any comments specifically addressing
the burden estimates provided in the
NOPR. The Commission did receive
comments on eliminating or further
modifying filing requirements; those
comments and the Commission’s
responses are addressed above. Public
Reporting Burden: The burden and cost
estimates below are based on the
estimated reduction in burden for: (a)
Entities that would no longer have to
file the annual report of twenty largest
purchasers, (b) filers that would no
longer have to identify individual
residential customers by name and
address, and (c) filers that would no
longer be required to notify the 20
largest purchasers appearing on the list.
The Commission estimates the current
43623
annual report requires (on average) six
hours to prepare and to file.
Implementation of this Final Rule will
reduce the number of filings (due to the
discontinuance of filings from the six
RTOs/ISOs and an additional 880 filers
that report no purchasers, including
EWGs, and reduce the average number
of hours per filing for the remaining
filers (due to the elimination of the
name and address for residential
customers, and notification to the 20
largest purchasers).
38. The following table provides the
current OMB-approved burden estimate,
as well as the estimated burden
reductions being implemented by this
Final Rule:
FERC–566, ESTIMATED BURDEN
[Rounded]
Number of
respondents
Annual
number of
responses per
respondent
Total
number of
responses
Average
burden hours
& cost per
response 15
Annual
burden hours
& total annual cost 16
(1)
Respondent category
(2)
(1)*(2) = (3)
(4)
(3)*(4) = (5)
Current OMB-Approved Burden Estimate, before Implementation of Final Rule in RM15–3
All Filers ...................
1,082
1
1,082 .................................
6 ........................................
6,492
Elimination of Selected Filings, due to Final Rule in RM15–3
Elimination of filings
by RTOs/ISOs.
Elimination of Filings
by Filers with No
Purchasers (including EWGs).
6
1
elimination of 6 ..................
(elimination) ¥6 hrs.;
¥$432.
(elimination) ¥36 hrs.;
¥$2,592
880
1
elimination of 880 ..............
(elimination) ¥6 hrs.;
¥$432.
(elimination) ¥5,280 hrs.;
¥$380,160
Burden Reduction of Remaining Filings, due to Final Rule in RM15–3
29
1
29 ......................................
(reduction) ¥0.25 hrs.;
¥$18.
(reduction) ¥7.25 hrs.;
¥$522
196
1
196 ....................................
(reduction) ¥0.5 hrs.;
¥$36.
(reduction) ¥98 hrs.;
¥$7,056
Total Reduction
(rounded), due
to implementation of RM15–
3).
886
1
(elimination) ¥886 ............
............................................
(elimination of filings and
reduction of hours)
¥5,421 hrs.;
¥$390,312
Net Total, after
implementation of RM15–
3 19.
196
1
196 ....................................
5.46 hrs.; $393.34 .............
1,071 hrs.; $77,094
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Elimination of Name
& Address for Residential. Customers 17.
Elimination of Requirement to Notify
20 Largest Purchasers 18.
Title: Annual Report of Twenty
Largest Purchasers (FERC–566).
14 44
U.S.C. 3507(d).
15 The estimates for cost per response are derived
using the following formula: Burden Hours per
Response * $72.00/hour = Cost per Response. The
$72.00/hour is based on the average salary plus
Continued
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Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
rmajette on DSK7SPTVN1PROD with RULES
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
finds that, as described above, certain
entities no longer need to make the
annual filing, and other filers will be
able to eliminate certain data and
notification requirements.
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.
39. 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].
40. Comments concerning the
information collection proposed in this
Final Rule 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 refer to OMB Control Number
1902–0114 in your submission to OMB.
benefits for a Commission employee for Fiscal Year
2015. We assume that industry respondents earn at
a rate similar to Commission employees.
16 Total Annual Burden Hours * $72.00/hour.
17 The Commission estimates that approximately
29 (or 15%) of the 196 filers have residential
customers. Each of those 29 filers is estimated to
save 0.25 hours annually due to elimination of the
requirement for name and address of residential
purchasers.
18 The Commission estimates that each of the 196
filers will save 0.5 hours annually, due to
elimination of this requirement.
19 After implementation of this Final Rule, the
Commission estimates the remaining 196 filers will
each have an average annual burden of 5.46 hours
per filing (a reduction from the previous estimate
of 6 hours). Twenty-nine of the 196 filers will
annually each have 5.25 hours of burden, and 167
of the 196 filers will each have 5.5 hours of burden.
The estimated total annual burden for all of the 196
filers will be 1,071 hours (rounded).
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III. Environmental Analysis
41. 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.20 The collection of
information has been categorically
excluded from such analysis under
section 380.4(a)(5) of the Commission’s
regulations, however.21 Thus, no such
analysis is required.
IV. Regulatory Flexibility Act
Certification
42. The Regulatory Flexibility Act of
1980 (RFA) 22 generally requires a
description and analysis of rules that
will have significant economic impact
on a substantial number of small
entities. The Small Business
Administration (SBA) revised its size
standard (effective January 22, 2014) for
electric utilities from a standard based
on megawatt hours to a standard based
on the number of employees including
affiliates.23
43. This Final Rule revises the
Commission’s regulations to eliminate
some filings and to reduce reporting
burdens for others. Specifically, the
Commission is eliminating 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 estimates that, on average,
each of those 886 entities that will no
longer have to file the FERC–566 will
have an annual reduction in cost of
$432.
44. The Commission is also reducing
the burden for the remaining 196 filers
because they will no longer have (a) to
identify individual residential
customers by name and address, and (b)
to provide notification to the 20 largest
purchasers. The Commission estimates
that each of the remaining 196 filers will
have an average annual reduction in
cost of $38.66 per year.
45. Accordingly, the Commission
certifies that this Final Rule will not
have a significant economic impact on
a substantial number of small entities.
V. Document Availability
46. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
20 Regulations Implementing National
Environmental Policy Act of 1969, Order No. 486,
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986–1990 ¶ 30,783 (1987).
21 18 CFR 380.4(a)(2)(ii).
22 5 U.S.C. 601–12.
23 SBA Final Rule on ‘‘Small Business Size
Standards: Utilities,’’ 78 FR 77343 (Dec. 23, 2013).
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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.
47. 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.
48. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from
FERC 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.
VI. Effective Date and Congressional
Notification
49. These regulations are effective
October 6, 2015. The Commission has
determined, with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
OMB, that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This final rule is
being submitted to the Senate, House of
Representatives, Government
Accountability Office, and Small
Business Administration.
List of Subjects in 18 CFR Part 46
Electric utilities, Reporting and
recordkeeping requirements.
By the Commission.
Issued: July 16, 2015.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the
Commission amends 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
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.
■
2. Section 46.3 is amended as follows:
E:\FR\FM\23JYR1.SGM
23JYR1
Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
a. Paragraph (a) is revised.
b. Paragraph (d) is removed, and
paragraph (e) is redesignated as (d).
Notice of enforcement of
regulation.
ACTION:
■
■
§ 46.3
(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 subject to paragraph (a)(5)
of this section, 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
Organizations, 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
either no reportable sales as defined in
paragraph (b) or only sales for resale 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 should be
identified as ‘‘Residential Customer,’’
and with a zip code in lieu of an
address.
*
*
*
*
*
[FR Doc. 2015–17950 Filed 7–22–15; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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33 CFR Part 165
[Docket No. USCG–2015–0502]
RIN 1625–AA00
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone
AGENCY:
Coast Guard, DHS.
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At various times throughout
the month of August, the Coast Guard
will enforce certain safety zones located
in the Captain of the Port Buffalo Zone.
This action is necessary and intended
for the safety of life and property on
navigable waters during this event.
During each enforcement period, no
person or vessel may enter the
respective safety zone without the
permission of the Captain of the Port
Buffalo.
DATES: The regulations in 33 CFR
165.939(a)(30) will be enforced on
August 15 and 16, 2015 from 9 a.m. to
5 p.m.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice of
enforcement, call or email Petty Officer
Willie Diaz, Waterways Management
Division, Coast Guard Sector Buffalo, 1
Fuhrmann Blvd., Buffalo, NY 14203;
Coast Guard telephone 716–843–9343,
email SectorBuffaloMarineSafety@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zones;
Annual Events in the Captain of the Port
Buffalo Zone listed in 33 CFR
165.939(a)(30) for the following events:
(1) Thunder on the Niagara
Hydroplane Boat Races, North
Tonawanda, NY; The safety zone listed
in 33 CFR 165.939(a)(30) will be
enforced from 9 a.m. to 5 p.m. on
August 15, 2015 and August 16, 2015.
Pursuant to 33 CFR 165.23, entry into,
transiting, or anchoring within these
safety zones during an enforcement
period is prohibited unless authorized
by the Captain of the Port Buffalo or his
designated representative. Those
seeking permission to enter one of these
safety zones may request permission
from the Captain of Port Buffalo via
channel 16, VHF–FM. Vessels and
persons granted permission to enter one
of these safety zones shall obey the
directions of the Captain of the Port
Buffalo or his designated representative.
While within a safety zone, all vessels
shall operate at the minimum speed
necessary to maintain a safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.939 and
5 U.S.C. 552(a). In addition to this
notice in the Federal Register, the Coast
Guard will provide the maritime
community with advance notification of
these enforcement periods via Broadcast
Notice to Mariners or Local Notice to
Mariners. If the Captain of the Port
Buffalo determines that one of these
safety zones need not be enforced for
the full duration stated in this notice of
SUMMARY:
Purchaser list.
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43625
enforcement he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
respective safety zone.
Dated: June 15, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2015–18074 Filed 7–22–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0759; FRL–9930–96–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia, Maryland, and Virginia;
2011 Base Year Emissions Inventories
for the Washington DC-MD-VA
Nonattainment Area for the 2008
Ozone National Ambient Air Quality
Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the 2011 base year
carbon monoxide (CO) emissions
inventories submitted by the District of
Columbia, State of Maryland, and
Commonwealth of Virginia (collectively,
the States) for the Washington, DC-MDVA nonattainment area (the DC Area or
Area) for the 2008 8-hour ozone
National Ambient Air Quality Standard
(NAAQS). EPA is approving the 2011
CO base year emissions inventories for
the 2008 8-hour ozone NAAQS for the
DC Area in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on
September 21, 2015 without further
notice, unless EPA receives adverse
written comment by August 21, 2015. If
EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2014–0759 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2014–0759,
Cristina Fernandez, Associate Director,
SUMMARY:
E:\FR\FM\23JYR1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Rules and Regulations]
[Pages 43619-43625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17950]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 46
[Docket No. RM15-3-000; Order No. 812]
Revisions to Public Utility Filing Requirements
AGENCY: Federal Energy Regulatory Commission, Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is revising its regulation to eliminate the
requirement to submit FERC-566 (Annual Report of a Utility's 20 Largest
Customers) for regional transmission organizations, independent system
operators, and exempt wholesale generators. The Commission is also
revising 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. Further, the Commission
is eliminating the requirement for public utilities submitting FERC-566
to identify individual residential customers by name and address.
DATES: This rule will become effective October 6, 2015.
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:
Table of Contents
Paragraph Nos.
I. Discussion........................................ 2
A. RTOs and ISOs................................. 5
1. Commission Proposal....................... 5
2. Comments.................................. 6
3. Commission Determination.................. 11
B. EWGs.......................................... 15
1. Commission Proposal....................... 15
2. Comments.................................. 16
3. Commission Determination.................. 17
C. Public Utilities That Have Not Made Reportable 18
Sales in Preceding Three Years..................
1. Commission Proposal....................... 18
2. Comments.................................. 19
3. Commission Determination.................. 23
D. Identification Requirement.................... 26
1. Commission Proposal....................... 26
2. Comments.................................. 27
3. Commission Determination.................. 30
II. Information Collection Statement................. 35
III. Environmental Analysis.......................... 41
IV. Regulatory Flexibility Act Certification......... 42
V. Document Availability............................. 46
VI. Effective Date and Congressional Notification.... 49
[[Page 43620]]
Order No. 812--Final Rule
1. In this final rule, the Commission revises part 46 of 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 also revises 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. Further, the Commission is eliminating
the requirement for public utilities submitting FERC-566 to identify
individual residential customers by name and address.
I. Discussion
2. Section 305(c) of the 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).
---------------------------------------------------------------------------
3. The Commission implemented Congress's 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 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 20 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.
\3\ 18 CFR 46.3.
---------------------------------------------------------------------------
4. In a Notice of Proposed Rulemaking (NOPR) issued on December 18,
2014, the Commission proposed to revise its regulations to reduce the
regulatory burden of compliance on public utilities, while meeting the
statutory standards set forth in the FPA. Specifically, the Commission
proposed to eliminate the requirement to submit FERC-566 for RTOs,
ISOs, and EWGs, as well as public utilities that have not made any
reportable sales in any of the three preceding years. The Commission
further proposed to eliminate the requirement for public utilities
submitting FERC-566 to identify individual residential customers by
name and address.\4\
---------------------------------------------------------------------------
\4\ Revisions to Public Utility Filing Requirements, 79 FR
78,739 (Dec. 31, 2014), FERC Stats. & Regs., Proposed Regs. ] 32,704
(2014).
---------------------------------------------------------------------------
A. RTOs and ISOs
1. Commission Proposal
5. The Commission proposed to eliminate the requirement to submit
FERC-566 for RTOs and ISOs. The Commission stated that the statute
expressly seeks to acquire information about purchasers of electric
energy who purchased ``for purposes other than resale.'' \5\ The
Commission noted that, by their nature, RTOs and ISOs are focused
primarily on sales of electric energy for resale.
---------------------------------------------------------------------------
\5\ 16 U.S.C. 825(c)(2)(D).
---------------------------------------------------------------------------
2. Comments
6. The ISO/RTO Council,\6\ South Central MCN, LLC (South Central
MCN) and Midcontinent MCN, LLC (Midcontinent MCN), Edison Electric
Institute (EEI), International Transmission Company d/b/a ITC
Transmission, Michigan Electric Transmission Company, LLC, ITC Midwest
LLC, and ITC Great Plains, LLC (collectively ITC), and Financial
Marketers Coalition support the proposed rule to eliminate the
requirement that RTOs and ISOs submit FERC-566.
---------------------------------------------------------------------------
\6\ The ISO/RTO Council is comprised of Alberta Electric System
Operator; California Independent System Operator Corporation;
Electric Reliability Council of Texas, Inc.; Independent Electricity
System Operator; ISO New England Inc.; Midcontinent Independent
System Operator, Inc.; New York Independent System Operator, Inc.;
PJM Interconnection, L.L.C.; and Southwest Power Pool, Inc.
---------------------------------------------------------------------------
7. South Central MCN and Midcontinent MCN support eliminating the
requirement that RTOs and ISOs submit FERC-566, but recommend that the
Commission also extend the exemption to all transmission-only companies
(transcos) such as South Central MCN and Midcontinent MCN. South
Central MCN and Midcontinent MCN state that, like RTOs and ISOs,
transcos, by their nature, do not make any retail sales of electricity
and do not have any retail customers. Accordingly, transcos will not
have reportable sales under FERC-566 and should be exempted from the
filing requirement.
8. Similarly, EEI recommends that the Commission extend the
reporting exemption to cover qualifying facilities (QFs). EEI states
that QFs engage in sales primarily or exclusively at wholesale. EEI
submits that eliminating the reporting requirement on QFs would ease
the administrative burden for both them and the Commission.
9. In addition, EEI encourages the Commission to clarify that
public utilities participating in RTO and ISO markets are also exempt
from the FERC-566 filing requirement as to all transactions conducted
in those markets. EEI submits that the RTO and ISO markets are
essentially wholesale in nature and participants in those markets will,
by definition, be engaging only in non-reportable sales in the markets.
Finally, EEI notes that the Commission should correct the proposed
regulatory text in section 46.3(a)(2) by replacing ``Regional
Transmission Operators'' with ``Regional Transmission Organizations.''
10. Powerex Corp. (Powerex) argues that the Commission should
expand its exemptions from FERC-566 reporting to include public
utilities that have a de minimis market presence in making sales to
purchasers ``for purposes other than resale.'' Powerex asserts that
this would recognize that many public utility sellers are almost
exclusively engaged in wholesale sales. Specifically, Powerex proposes
that the Commission establish a de minimis threshold for exemption from
filing FERC-566 if the seller makes 4,000,000 megawatt-hours (MWhs) or
less of annual non-wholesale sales (based on an average of the non-
wholesale sales it made in the preceding three years). Powerex claims
that this is the de minimis market presence threshold that the
Commission adopted for non-public utilities in its decision to exclude
certain non-public utilities from the requirement to submit Electric
Quarterly Reports (EQR).
3. Commission Determination
11. The Commission will adopt the proposed exemption of RTOs and
ISOs from the requirement to file FERC-566. We also revise proposed
section 46.3(a)(2) by replacing ``Regional Transmission Operators''
with ``Regional Transmission Organizations.'' We find that the revised
regulation will reduce the regulatory burden of compliance on RTOs and
ISOs.
12. We decline to grant the clarification requested by EEI that
public utilities participating in RTO and ISO markets are exempt from
the FERC-566 filing requirement as to all
[[Page 43621]]
transactions conducted in those markets. Such utilities may well also
make sales ``for purposes other than for resale,'' and the statutory
directive encompasses such utilities and such sales.\7\ Adopting EEI's
suggestion would virtually eliminate the filing requirement, contrary
to the statute. We also decline to grant EEI's request to exempt QFs
from the requirement to file FERC-566. QFs, in fact, may make sales
``for purposes other than for resale,'' and the statutory directive
encompasses such utilities and such sales. Moreover, in its regulations
exempting QFs from certain provisions of the FPA, the Commission
specifically excluded FPA section 305(c). Specifically, section
292.601(c) states that ``[a]ny qualifying facility . . . shall be
exempt from all sections of the Federal Power Act, except: . . .
Sections 305(c).'' \8\ We are not persuaded to change that regulation
at this time.
---------------------------------------------------------------------------
\7\ Insofar as EEI may be concerned about sales made in those
markets, to the extent those sales may be sales for resale, such
sales would not be themselves reportable in any event. Only sales
for purposes other than for resale are reportable.
\8\ 18 CFR 292.601(c)(4).
---------------------------------------------------------------------------
13. Likewise, we decline to extend the exemption to transcos. We
agree with South Central MCN and Midcontinent MCN that transcos by
their nature would be unlikely to make retail sales. Unlike RTOs and
ISOs, however, transcos are not defined in the Commission's regulations
and as such, are not as easily identified. Further, a transco may
also--at any time--readily shift its business strategy to encompass
making sales for purposes other than for resale. And, in any event, if
a transco does not, in fact, make any sales for purposes other than
resale, the burden is minimal, particularly given the further change
that we adopt below to eliminate the reporting obligation when a public
utility makes no reportable sales for the preceding three years.
14. We also decline to establish a de minimis threshold for
exemption from filing FERC-566. The language of the statute does not
appear to permit the Commission to establish the kind of exemption
Powerex seeks. Further, while Powerex claims that this is the de
minimis market presence threshold the Commission adopted for non-public
utilities in its decision to exclude certain non-public utilities from
the requirement to submit EQRs, such reports were not expressly
required by the statute but instead were established by the Commission.
Thus, the Commission has far greater leeway in allowing exemptions from
EQR reporting requirements.
B. EWGs
1. Commission Proposal
15. The Commission proposed to eliminate the requirement to submit
FERC-566 for EWGs. The Commission noted that, by definition, EWGs do
not have retail customers.\9\ Because the statute seeks to acquire
information about purchasers of electric energy who purchased for
purposes other than for resale, i.e., for retail, EWGs should not be
required to submit FERC-566.
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\9\ The Commission's regulations define an EWG as any person
that is ``engaged . . . 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.'' 18
CFR 366.1 (emphasis added).
---------------------------------------------------------------------------
2. Comments
16. The NRG Companies (NRG), Financial Marketers Coalition, South
Central MCN and Midcontinent MCN, ITC, and EEI support the proposed
elimination of the requirement that EWGs submit FERC-566. NRG states
that eliminating the obligation to have EWGs file a blank form will
remove an administrative burden on companies, will be consistent with
directives in the Government Paperwork Elimination Act to reduce the
information collection burden, and will not have any impact on the
reporting of actual customers to the Commission.
3. Commission Determination
17. The Commission will adopt the proposed exemption. We find that
the revised regulation will reduce the regulatory burden of compliance
on EWGs, who definitionally cannot make sales for purposes other than
for resale.\10\
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\10\ See supra note 10.
---------------------------------------------------------------------------
C. Public Utilities That Have not Made Reportable Sales in Preceding
Three Years
1. Commission Proposal
18. The Commission proposed 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. The Commission stated that
section 305(c) requires public utilities to publish a list of
purchasers; it does not require a report of the absence of purchasers.
2. Comments
19. NRG, ITC, South Central MCN and Midcontinent MCN, Financial
Marketers Coalition and EEI support the proposed rule 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. NRG states
that, of its over 100 public utilities, less than 10 typically have
retail customers in any given year, and, therefore, for the majority of
its public utilities, NRG does not have customers to report on FERC-
566. ITC states that, as independent electric transmission companies,
its operating companies have never made reportable sales. EEI agrees
that public utilities that have only wholesale sales in the three year
period covered by each annual FERC-566 should not be required to file
the report. NRG, ITC, South Central MCN and Midcontinent MCN, and EEI
variously assert that it makes no sense to file a report when there is
no reportable information, that there is no benefit to the Commission
or parties in indicating no reportable sales, and that such an
exemption will promote administrative efficiency.
20. In addition, EEI states that the Commission should clarify
proposed section 46.3(a)(4) in one respect. EEI states that, by stating
that any public utility without ``reportable sales'' in the three year
period is exempt from filing FERC-566, the Commission should specify
that it means to exempt any public utility with ``no sales or only
wholesale sales'' in the three year period.
21. EEI also states that because section 305(c)(2) applies only to
public utilities and their sales, it recommends that the Commission
clarify that only public utilities within a holding company system need
to file FERC-566, and only sales by such utilities within the holding
company system need to be considered in compiling the report.
22. Powerex states that there is uncertainty as to the types of
transactions that fall within the Commission's Part 46 reporting
requirements regarding sales of electric energy to purchasers ``for
purposes other than for resale.'' Powerex submits that the Commission
should clarify how public utilities should identify sales to purchasers
``for purposes other than for resale'' for inclusion in FERC-566.
Powerex states that, as a marketer, it generally does not have
information on whether its purchasers subsequently resold the power
they purchased from Powerex. Powerex states that, out of an abundance
of caution and to ensure compliance, in its FERC-566 submissions it
submits an overly-inclusive listing of purchasers it believes have end-
use facilities and would otherwise be required to possess, but do not
appear to currently have, Commission authorization to make market-based
rate wholesale sales.
[[Page 43622]]
3. Commission Determination
23. The Commission will adopt the proposed regulation, but will
clarify it in accordance with the suggestion by EEI, by replacing
``public utilities that have no reportable sales as defined in section
(b)'' with ``public utilities that have either no reportable sales as
defined in paragraph (b) or only sales for resale.'' We find that this
revised regulation will reduce the regulatory burden of compliance on
public utilities that have no reportable sales.
24. We decline to grant the clarification requested by EEI that
only public utilities within a holding company system need to file
FERC-566, and only the sales by such utilities within the holding
company system need to be considered in compiling the report. FPA
section 305(c) applies to all public utilities, not just public
utilities within a holding company system.
25. We disagree with Powerex that there is uncertainty as to the
types of transactions that fall within the Commission's Part 46
reporting requirements regarding sales of electric energy to purchasers
``for purposes other than for resale.'' Section 305(c) of the FPA
requires that each public utility shall publish a list of any company,
firm, or organization that, during any one of the three calendar years
preceding the filing date, was one of the 20 purchasers of electric
energy ``which purchased (for purposes other than for 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 those three years.\11\
---------------------------------------------------------------------------
\11\ 16 U.S.C. 825d(c).
---------------------------------------------------------------------------
D. Identification Requirement
1. Commission Proposal
26. The Commission proposed to eliminate the requirement for public
utilities submitting FERC-566 to identify individual residential
customers by name and address. The Commission noted that the
regulations currently require that each public utility identify each
purchaser on the list of the 20 largest purchasers by name and
principal business address, but that it may not be necessary to have
such detailed information about residential customers.
2. Comments
27. Financial Marketers Coalition, South Central MCN and
Midcontinent MCN, EEI and ITC support the proposed rule to eliminate
the requirement for public utilities submitting FERC-566 to identify
individual residential customers by name and address.
28. Contending that the current regulations go beyond the statutory
requirements, EEI states that the Commission should eliminate the need
to report residential customers by clarifying that public utilities
need report only any ``company, firm, or organization'' that falls
within the 20 highest-volume purchasers in any of the preceding three
years. EEI also states that the Commission should eliminate from
section 46.3 the requirement to notify and include the address of each
of the purchasers listed in FERC-566. EEI further states that the
Commission should eliminate the requirement at section 46.3(e) to
submit revised FERC-566 by March 1 of each year if the January 31
filing was based on estimated data. EEI submits that this filing is not
required by statute, is unnecessary, and adds to the reporting burden.
EEI states that, if the Commission does not eliminate the requirement
altogether, the Commission should specify that revised reports need to
be filed only if new data available by March 1 would make a material
difference in the report.
29. EEI also states that the Commission should clarify that despite
the ``aggregation'' provision at section 46.3(c), public utilities can
treat individual stores or other facilities within a family of stores
or parent company as separate customers rather than having to be
batched, if the stores or facilities purchase or pay for their
electricity separately rather than as a group through the parent
company.
3. Commission Determination
30. The Commission will adopt the proposed regulation to eliminate
the requirement for public utilities submitting FERC-566 to identify
individual residential customers by name and address. Instead we will
allow public utilities to identify individual residential customers as
``Residential Customer,'' and provide a zip code in lieu of an address.
We find that the revised regulation will reduce the regulatory burden
of compliance on public utilities.
31. We agree with EEI that the requirement that public utilities
notify the 20 largest purchasers, currently found in section 46.3 of
the regulations, is unnecessary. Thus, we eliminate this requirement
from the regulations.
32. However, we decline to grant the clarification requested by EEI
that public utilities need not report residential customers but rather
need report only any ``company, firm, or organization'' that falls
within the 20 highest-volume purchasers in any of the preceding three
years. EEI seeks to draw a distinction not made by the statute,
because, although the statute requires public utilities to report ``any
company, firm, or organization'' which was one of the 20 largest
purchasers of electric energy, an individual residential customer
could, in fact, be a business structured as a sole proprietorship or
some other ownership structure; this could explain why a residential
customer is one of the public utility's 20 largest purchasers.
33. We also disagree with EEI that public utilities may treat
individual stores or other facilities within a family of stores or
under a parent company as separate customers rather than having to be
batched, if the stores or facilities purchase or pay for their
electricity separately rather than as a group through the parent
company. The statute requires the reporting of ``purchasers'' of
electric energy, not accounts. Therefore, even if a family of stores or
other facilities within a family pay for their electric energy
separately, it would be appropriate to aggregate them in accordance
with the statute and section 46.3(c) of the Commission's
regulations.\12\
---------------------------------------------------------------------------
\12\ Even if we were to adopt such a change, it would not reduce
the reporting from 20 purchasers to some lesser number. While some
purchasers might drop off the list as a result, others that were
previously the 24th or 27th largest purchasers, for example, would
then effectively move up the list to within the 20 largest
purchasers. In short, who is on the list might change, but the
number of purchasers reported would not change.
---------------------------------------------------------------------------
34. We also decline to grant EEI's request that we eliminate the
requirement to submit revised FERC-566 reports by March 1 of each year
if the January 31 filing was based on estimated data. Although not
specifically required by statute, the regulation helps ensure that the
data collected is accurate.
II. Information Collection Statement
35. The Paperwork Reduction Act (PRA) 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's
regulations,\13\ in turn, require approval of certain information
collection requirements imposed by agency rules. 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
[[Page 43623]]
collections of information unless the collections of information
display a valid OMB control number.
---------------------------------------------------------------------------
\13\ 5 CFR part 1320.
---------------------------------------------------------------------------
36. The Commission is submitting the proposed modifications to its
information collection to OMB for review and approval in accordance
with section 3507(d) of the Paperwork Reduction Act of 1995.\14\ In the
NOPR, the Commission solicited comments on the Commission's 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.
---------------------------------------------------------------------------
\14\ 44 U.S.C. 3507(d).
---------------------------------------------------------------------------
37. The Commission did not receive any comments specifically
addressing the burden estimates provided in the NOPR. The Commission
did receive comments on eliminating or further modifying filing
requirements; those comments and the Commission's responses are
addressed above. Public Reporting Burden: The burden and cost estimates
below are based on the estimated reduction in burden for: (a) Entities
that would no longer have to file the annual report of twenty largest
purchasers, (b) filers that would no longer have to identify individual
residential customers by name and address, and (c) filers that would no
longer be required to notify the 20 largest purchasers appearing on the
list. The Commission estimates the current annual report requires (on
average) six hours to prepare and to file. Implementation of this Final
Rule will reduce the number of filings (due to the discontinuance of
filings from the six RTOs/ISOs and an additional 880 filers that report
no purchasers, including EWGs, and reduce the average number of hours
per filing for the remaining filers (due to the elimination of the name
and address for residential customers, and notification to the 20
largest purchasers).
38. The following table provides the current OMB-approved burden
estimate, as well as the estimated burden reductions being implemented
by this Final Rule:
FERC-566, Estimated Burden
[Rounded]
----------------------------------------------------------------------------------------------------------------
Average burden Annual burden
Number of Annual number Total number of hours & cost hours & total
Respondent category respondents of responses responses per response annual cost
per respondent \15\ \16\
(1) (2) (1)*(2) = (3).. (4)............ (3)*(4) = (5)
----------------------------------------------------------------------------------------------------------------
Current OMB-Approved Burden Estimate, before Implementation of Final Rule in RM15-3
----------------------------------------------------------------------------------------------------------------
All Filers................... 1,082 1 1,082.......... 6.............. 6,492
----------------------------------------------------------------------------------------------------------------
Elimination of Selected Filings, due to Final Rule in RM15-3
----------------------------------------------------------------------------------------------------------------
Elimination of filings by 6 1 elimination of (elimination) - (elimination) -
RTOs/ISOs. 6. 6 hrs.; -$432. 36 hrs.; -
$2,592
----------------------------------------------------------------------------------------------------------------
Elimination of Filings by 880 1 elimination of (elimination) - (elimination) -
Filers with No Purchasers 880. 6 hrs.; -$432. 5,280 hrs.; -
(including EWGs). $380,160
----------------------------------------------------------------------------------------------------------------
Burden Reduction of Remaining Filings, due to Final Rule in RM15-3
----------------------------------------------------------------------------------------------------------------
Elimination of Name & Address 29 1 29............. (reduction) - (reduction) -
for Residential. Customers 0.25 hrs.; - 7.25 hrs.; -
\17\. $18. $522
Elimination of Requirement to 196 1 196............ (reduction) - (reduction) -98
Notify 20 Largest Purchasers 0.5 hrs.; -$36. hrs.; -$7,056
\18\.
----------------------------------------------------------------------------------
Total Reduction 886 1 (elimination) - ............... (elimination of
(rounded), due to 886. filings and
implementation of RM15- reduction of
3). hours) -5,421
hrs.; -
$390,312
----------------------------------------------------------------------------------
Net Total, after 196 1 196............ 5.46 hrs.; 1,071 hrs.;
implementation of RM15-3 $393.34. $77,094
\19\.
----------------------------------------------------------------------------------------------------------------
Title: Annual Report of Twenty Largest Purchasers (FERC-566).
---------------------------------------------------------------------------
\15\ The estimates for cost per response are derived using the
following formula: Burden Hours per Response * $72.00/hour = Cost
per Response. The $72.00/hour is based on the average salary plus
benefits for a Commission employee for Fiscal Year 2015. We assume
that industry respondents earn at a rate similar to Commission
employees.
\16\ Total Annual Burden Hours * $72.00/hour.
\17\ The Commission estimates that approximately 29 (or 15%) of
the 196 filers have residential customers. Each of those 29 filers
is estimated to save 0.25 hours annually due to elimination of the
requirement for name and address of residential purchasers.
\18\ The Commission estimates that each of the 196 filers will
save 0.5 hours annually, due to elimination of this requirement.
\19\ After implementation of this Final Rule, the Commission
estimates the remaining 196 filers will each have an average annual
burden of 5.46 hours per filing (a reduction from the previous
estimate of 6 hours). Twenty-nine of the 196 filers will annually
each have 5.25 hours of burden, and 167 of the 196 filers will each
have 5.5 hours of burden. The estimated total annual burden for all
of the 196 filers will be 1,071 hours (rounded).
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[[Page 43624]]
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
finds that, as described above, certain entities no longer need to make
the annual filing, and other filers will be able to eliminate certain
data and notification requirements.
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.
39. 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].
40. Comments concerning the information collection proposed in this
Final Rule 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 refer to
OMB Control Number 1902-0114 in your submission to OMB.
III. Environmental Analysis
41. 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.\20\ The
collection of information has been categorically excluded from such
analysis under section 380.4(a)(5) of the Commission's regulations,
however.\21\ Thus, no such analysis is required.
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\20\ Regulations Implementing National Environmental Policy Act
of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. Preambles 1986-1990 ] 30,783 (1987).
\21\ 18 CFR 380.4(a)(2)(ii).
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IV. Regulatory Flexibility Act Certification
42. The Regulatory Flexibility Act of 1980 (RFA) \22\ generally
requires a description and analysis of rules that will have significant
economic impact on a substantial number of small entities. The Small
Business Administration (SBA) revised its size standard (effective
January 22, 2014) for electric utilities from a standard based on
megawatt hours to a standard based on the number of employees including
affiliates.\23\
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\22\ 5 U.S.C. 601-12.
\23\ SBA Final Rule on ``Small Business Size Standards:
Utilities,'' 78 FR 77343 (Dec. 23, 2013).
---------------------------------------------------------------------------
43. This Final Rule revises the Commission's regulations to
eliminate some filings and to reduce reporting burdens for others.
Specifically, the Commission is eliminating 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
estimates that, on average, each of those 886 entities that will no
longer have to file the FERC-566 will have an annual reduction in cost
of $432.
44. The Commission is also reducing the burden for the remaining
196 filers because they will no longer have (a) to identify individual
residential customers by name and address, and (b) to provide
notification to the 20 largest purchasers. The Commission estimates
that each of the remaining 196 filers will have an average annual
reduction in cost of $38.66 per year.
45. Accordingly, the Commission certifies that this Final Rule will
not have a significant economic impact on a substantial number of small
entities.
V. Document Availability
46. 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.
47. 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.
48. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from FERC 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.
VI. Effective Date and Congressional Notification
49. These regulations are effective October 6, 2015. The Commission
has determined, with the concurrence of the Administrator of the Office
of Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996. This final rule is being
submitted to the Senate, House of Representatives, Government
Accountability Office, and Small Business Administration.
List of Subjects in 18 CFR Part 46
Electric utilities, Reporting and recordkeeping requirements.
By the Commission.
Issued: July 16, 2015.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the Commission amends 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 as follows:
[[Page 43625]]
0
a. Paragraph (a) is revised.
0
b. Paragraph (d) is removed, and paragraph (e) is redesignated as (d).
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
subject to paragraph (a)(5) of this section, 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 Organizations, 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 either no reportable sales as defined in paragraph
(b) or only sales for resale 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 should be identified as ``Residential
Customer,'' and with a zip code in lieu of an address.
* * * * *
[FR Doc. 2015-17950 Filed 7-22-15; 8:45 am]
BILLING CODE 6717-01-P
