Billing Procedures for Annual Charges for the Costs of Other Federal Agencies for Administering Part I of the Federal Power Act; Notice Reporting Costs for Other Federal Agencies' Administrative Annual Charges for Fiscal Year 2015, 49639-49640 [2016-17850]

Download as PDF Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Dated: July 22, 2016. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2016–17877 Filed 7–27–16; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD16–2–000] Billing Procedures for Annual Charges for the Costs of Other Federal Agencies for Administering Part I of the Federal Power Act; Notice Reporting Costs for Other Federal Agencies’ Administrative Annual Charges for Fiscal Year 2015 Lhorne on DSK30JT082PROD with NOTICES 1. The Federal Energy Regulatory Commission (Commission) is required to determine the reasonableness of costs incurred by other Federal agencies (OFAs) 1 in connection with their participation in the Commission’s proceedings under the Federal Power Act (FPA) Part I 2 when those agencies seek to include such costs in the administrative charges licensees must pay to reimburse the United States for the cost of administering Part I.3 The Commission’s Order on Remand and Acting on Appeals of Annual Charge Bills 4 determined which costs are eligible to be included in the administrative annual charges and it established a process for Commission review of future OFA cost submittals. This order established a process whereby the Commission would annually request each OFA to submit 1 The OFAs include: The U.S. Department of the Interior (Bureau of Indian Affairs, Bureau of Land Management, Bureau of Reclamation, National Park Service, U.S. Fish and Wildlife Service, Office of the Solicitor, Office of Environmental Policy & Compliance, Office of Hearings and Appeals and Office of Policy Analysis); the U.S. Department of Agriculture (U.S. Forest Service); the U.S. Department of Commerce (National Marine VerDate Sep<11>2014 14:44 Jul 27, 2016 Jkt 238001 cost data, using a form 5 specifically designed for this purpose. In addition, the order established requirements for detailed cost accounting reports and other documented analyses, which explain the cost assumptions contained in the OFAs’ submissions. 2. The Commission has completed its review of the forms and supporting documentation submitted by the U.S. Department of the Interior (Interior), the U.S. Department of Agriculture (Agriculture), and the U.S. Department of Commerce (Commerce) for fiscal year 2015. This notice reports the costs the Commission included in its administrative annual charges for fiscal year 2016. Scope of Eligible Costs 3. The basis for eligible costs that should be included in the OFAs’ administrative annual charges is prescribed by the Office of Management and Budget’s (OMB) Circular A–25— User Charges and the Federal Accounting Standards Advisory Board’s Statement of Federal Financial Accounting Standards (SFFAS) Number 4—Managerial Cost Accounting Concepts and Standards for the Federal Government. Circular A–25 establishes Federal policy regarding fees assessed for government services and provides specific information on the scope and type of activities subject to user charges. SSFAS Number 4 provides a conceptual framework for federal agencies to determine the full costs of government goods and services. 4. Circular A–25 provides for user charges to be assessed against recipients of special benefits derived from federal activities beyond those received by the general public.6 With regard to licensees, the special benefit derived from federal activities is the license to operate a hydropower project. The guidance provides for the assessment of sufficient user charges to recover the full costs of services associated with these special benefits.7 SFFAS Number 4 defines full costs as the costs of resources consumed by a specific governmental unit that contribute directly or indirectly to a provided service.8 Thus, pursuant to OMB requirements and authoritative Fisheries Service); and the U.S. Army Corps of Engineers. 2 16 U.S.C. 794–823d (2012). 3 See id. 803(e)(1) and 42 U.S.C. 7178. 4 107 FERC ¶ 61,277, order on reh’g, 109 FERC ¶ 61,040 (2004). 5 Other Federal Agency Cost Submission Form, available at https://www.ferc.gov/docs-filing/ forms.asp#ofa. 6 OMB Circular A–25 § 6. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 49639 accounting guidance, the Commission must base its OFA administrative annual charge on all direct and indirect costs incurred by agencies in administering Part I of the FPA. The special form the Commission designed for this purpose, the ‘‘Other Federal Agency Cost Submission Form,’’ captures the full range of costs recoverable under the FPA and the referenced accounting guidance.9 Commission Review of OFA Cost Submittals 5. The Commission received cost forms and other supporting documentation from the Departments of the Interior, Agriculture, and Commerce (OFAs). The Commission completed a review of each OFA’s cost submission forms and supporting reports. In its examination of the OFAs’ cost data, the Commission considered each agency’s ability to demonstrate a system or process which effectively captured, isolated, and reported Part I costs as required by the ‘‘Other Federal Agency Cost Submission Form.’’ 6. The Commission held a Technical Conference on April 7, 2016 to report its initial findings to licensees and OFAs. Representatives for several licensees and most of the OFAs attended the conference. Following the technical conference, a transcript was posted, and licensees had the opportunity to submit comments 10 to the Commission regarding its initial review. 7. Written comments were filed by Idaho Falls Group (Idaho Falls). Idaho Falls generally supported the Commission’s analysis but raised questions regarding certain various individual cost submissions. The Commission will address the issues raised in the Appendix to this notice. 8. After additional reviews, full consideration of the comments presented, and in accordance with the previously cited guidance, the Commission accepted as reasonable any costs reported via the cost submission forms that were clearly documented in the OFAs’ accompanying reports and/or analyses. These documented costs will be included in the administrative annual charges for fiscal year 2016. 7 OMB Circular A–25 § 6.a.2. Number 4 ¶ 7. 9 To avoid the possibility of confusion that has occurred in prior years as to whether costs were being entered twice as ‘‘Other Direct Costs’’ and ‘‘Overhead,’’ the form excluded ‘‘Other Direct Costs.’’ 10 See Letter from Charles R. Sensiba, Van Ness Feldman, to the Honorable Kimberly D. Bose, FERC, Docket No. AD16–2–000 (filed May 13, 2016). 8 SFFAS E:\FR\FM\28JYN1.SGM 28JYN1 49640 Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices SUMMARY OF REPORTED & ACCEPTED COSTS FOR FISCAL YEAR 2015 [Figure 1] Municipal Reported Non-municipal Accepted Reported Total Accepted Reported Accepted Department of Interior Bureau of Indian Affairs ........................... Bureau of Land Management .................. Bureau of Reclamation ............................ National Park Service .............................. U.S. Fish and Wildlife Service ................. U.S. Geological Survey ............................ Office of the Solicitor ............................... Office of the Environmental Policy & Compliance ........................................... Office of Hearings and Appeals ............... Office of Policy Analysis .......................... 273,348 162,847 ........................ 301,785 754,732 ........................ 5,684 214,243 159,428 ........................ 301,785 753,664 ........................ 5,684 385,922 5,007 20,680 480,652 938,031 ........................ 110,699 334,374 3,089 20,680 480,651 933,919 ........................ 110,699 659,270 167,854 20,680 782,437 1,692,763 ........................ 116,383 548,617 162,517 20,680 782,437 1,687,582 ........................ 116,383 47,054 763 ........................ 47,054 ........................ ........................ 106,266 2,997 ........................ 106,266 ........................ ........................ 153,320 3,760 ........................ 153,320 ........................ ........................ 1,351,324 2,097,586 1,962,933 Department of Agriculture U.S. Forest Service .................................. 653,758 611,610 1,443,838 Department of Commerce National Marine Fisheries Service ........... 1,142,203 948,320 789,673 449,589 1,931,876 1,397,909 Total .................................................. 3,342,174 3,041,788 4,283,755 3,790,592 7,625,929 6,832,378 these costs is included in the Appendix to this notice, along with an explanation of how the Commission determined their reasonableness. Summary Findings of Commission’s Costs Review Lhorne on DSK30JT082PROD with NOTICES 9. Figure 1 summarizes the total reported costs incurred by Interior, Agriculture, and Commerce with respect to each OFA’s participation in administering Part I of the FPA. Additionally, Figure 1 summarizes the reported costs that the Commission determined were clearly documented and accepted for inclusion in its FY 2016 administrative annual charges. Dated: July 21, 2016. Kimberly D. Bose, Secretary. 10. As presented in the preceding table, the Commission determined that $6,832,378 of the $7,625,929 in total reported costs were determined to be reasonable and clearly documented in the OFAs’ accompanying reports and/or analyses. Based on these findings, 10% of the total reported cost was determined to be unreasonable. The Commission noted the most significant issues with regard to the insufficiency of documentation provided by the OFAs was the lack of supporting documentation to substantiate costs reported on the ‘‘Other Federal Agency Cost Submission Form’’ as well as the failure to segregate Municipal and NonMunicipal costs. 11. The cost reports that the Commission determined were clearly documented and supported could be traced to detailed cost-accounting reports, which reconciled to data provided from agency financial systems or other pertinent source documentation. A further breakdown of VerDate Sep<11>2014 14:44 Jul 27, 2016 Jkt 238001 Points of Contact 12. If you have any questions regarding this notice, please contact Norman Richardson at (202) 502–6219 or Raven Rodriquez at (202) 502–6276. [FR Doc. 2016–17850 Filed 7–27–16; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2426–049] California Department of Water Resources; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. Application Type: Recreation Plan. b. Project No: 2426–049. c. Date Filed: May 20, 2016. d. Applicant: California Department of Water Resources. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 e. Name of Project: South SWP Hydroelectric Project. f. Location: The project is located on the California Aqueduct in San Bernardino, Los Angeles, San Luis Obispo, Ventura, and Kern counties, California and occupies, in part, federal lands administered by the United States Forest Service. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a–825r. h. Applicant Contact: Bonnie Duecker, California Department of Water Resources, 34534 116th Street East, Pearblossom, CA 93553, (661) 944– 8557, Bonnie.Duecker@water.ca.gov. i. FERC Contact: Dr. Mark Ivy, (202) 502–6156, mark.ivy@ferc.gov. j. Deadline for filing comments, motions to intervene, and protests: August 22, 2016. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests using the Commission’s eFiling system at http://www.ferc.gov/docs-filing/ efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http:// www.ferc.gov/docs-filing/ ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal E:\FR\FM\28JYN1.SGM 28JYN1

Agencies

[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Pages 49639-49640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17850]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD16-2-000]


Billing Procedures for Annual Charges for the Costs of Other 
Federal Agencies for Administering Part I of the Federal Power Act; 
Notice Reporting Costs for Other Federal Agencies' Administrative 
Annual Charges for Fiscal Year 2015

    1. The Federal Energy Regulatory Commission (Commission) is 
required to determine the reasonableness of costs incurred by other 
Federal agencies (OFAs) \1\ in connection with their participation in 
the Commission's proceedings under the Federal Power Act (FPA) Part I 
\2\ when those agencies seek to include such costs in the 
administrative charges licensees must pay to reimburse the United 
States for the cost of administering Part I.\3\ The Commission's Order 
on Remand and Acting on Appeals of Annual Charge Bills \4\ determined 
which costs are eligible to be included in the administrative annual 
charges and it established a process for Commission review of future 
OFA cost submittals. This order established a process whereby the 
Commission would annually request each OFA to submit cost data, using a 
form \5\ specifically designed for this purpose. In addition, the order 
established requirements for detailed cost accounting reports and other 
documented analyses, which explain the cost assumptions contained in 
the OFAs' submissions.
---------------------------------------------------------------------------

    \1\ The OFAs include: The U.S. Department of the Interior 
(Bureau of Indian Affairs, Bureau of Land Management, Bureau of 
Reclamation, National Park Service, U.S. Fish and Wildlife Service, 
Office of the Solicitor, Office of Environmental Policy & 
Compliance, Office of Hearings and Appeals and Office of Policy 
Analysis); the U.S. Department of Agriculture (U.S. Forest Service); 
the U.S. Department of Commerce (National Marine Fisheries Service); 
and the U.S. Army Corps of Engineers.
    \2\ 16 U.S.C. 794-823d (2012).
    \3\ See id. 803(e)(1) and 42 U.S.C. 7178.
    \4\ 107 FERC ] 61,277, order on reh'g, 109 FERC ] 61,040 (2004).
    \5\ Other Federal Agency Cost Submission Form, available at 
https://www.ferc.gov/docs-filing/forms.asp#ofa.
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    2. The Commission has completed its review of the forms and 
supporting documentation submitted by the U.S. Department of the 
Interior (Interior), the U.S. Department of Agriculture (Agriculture), 
and the U.S. Department of Commerce (Commerce) for fiscal year 2015. 
This notice reports the costs the Commission included in its 
administrative annual charges for fiscal year 2016.

Scope of Eligible Costs

    3. The basis for eligible costs that should be included in the 
OFAs' administrative annual charges is prescribed by the Office of 
Management and Budget's (OMB) Circular A-25--User Charges and the 
Federal Accounting Standards Advisory Board's Statement of Federal 
Financial Accounting Standards (SFFAS) Number 4--Managerial Cost 
Accounting Concepts and Standards for the Federal Government. Circular 
A-25 establishes Federal policy regarding fees assessed for government 
services and provides specific information on the scope and type of 
activities subject to user charges. SSFAS Number 4 provides a 
conceptual framework for federal agencies to determine the full costs 
of government goods and services.
    4. Circular A-25 provides for user charges to be assessed against 
recipients of special benefits derived from federal activities beyond 
those received by the general public.\6\ With regard to licensees, the 
special benefit derived from federal activities is the license to 
operate a hydropower project. The guidance provides for the assessment 
of sufficient user charges to recover the full costs of services 
associated with these special benefits.\7\ SFFAS Number 4 defines full 
costs as the costs of resources consumed by a specific governmental 
unit that contribute directly or indirectly to a provided service.\8\ 
Thus, pursuant to OMB requirements and authoritative accounting 
guidance, the Commission must base its OFA administrative annual charge 
on all direct and indirect costs incurred by agencies in administering 
Part I of the FPA. The special form the Commission designed for this 
purpose, the ``Other Federal Agency Cost Submission Form,'' captures 
the full range of costs recoverable under the FPA and the referenced 
accounting guidance.\9\
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    \6\ OMB Circular A-25 Sec.  6.
    \7\ OMB Circular A-25 Sec.  6.a.2.
    \8\ SFFAS Number 4 ] 7.
    \9\ To avoid the possibility of confusion that has occurred in 
prior years as to whether costs were being entered twice as ``Other 
Direct Costs'' and ``Overhead,'' the form excluded ``Other Direct 
Costs.''
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Commission Review of OFA Cost Submittals

    5. The Commission received cost forms and other supporting 
documentation from the Departments of the Interior, Agriculture, and 
Commerce (OFAs). The Commission completed a review of each OFA's cost 
submission forms and supporting reports. In its examination of the 
OFAs' cost data, the Commission considered each agency's ability to 
demonstrate a system or process which effectively captured, isolated, 
and reported Part I costs as required by the ``Other Federal Agency 
Cost Submission Form.''
    6. The Commission held a Technical Conference on April 7, 2016 to 
report its initial findings to licensees and OFAs. Representatives for 
several licensees and most of the OFAs attended the conference. 
Following the technical conference, a transcript was posted, and 
licensees had the opportunity to submit comments \10\ to the Commission 
regarding its initial review.
---------------------------------------------------------------------------

    \10\ See Letter from Charles R. Sensiba, Van Ness Feldman, to 
the Honorable Kimberly D. Bose, FERC, Docket No. AD16-2-000 (filed 
May 13, 2016).
---------------------------------------------------------------------------

    7. Written comments were filed by Idaho Falls Group (Idaho Falls). 
Idaho Falls generally supported the Commission's analysis but raised 
questions regarding certain various individual cost submissions. The 
Commission will address the issues raised in the Appendix to this 
notice.
    8. After additional reviews, full consideration of the comments 
presented, and in accordance with the previously cited guidance, the 
Commission accepted as reasonable any costs reported via the cost 
submission forms that were clearly documented in the OFAs' accompanying 
reports and/or analyses. These documented costs will be included in the 
administrative annual charges for fiscal year 2016.

[[Page 49640]]



                                                Summary of Reported & Accepted Costs for Fiscal Year 2015
                                                                       [Figure 1]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Municipal                     Non-municipal                       Total
                                                         -----------------------------------------------------------------------------------------------
                                                             Reported        Accepted        Reported        Accepted        Reported        Accepted
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Department of Interior
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bureau of Indian Affairs................................         273,348         214,243         385,922         334,374         659,270         548,617
Bureau of Land Management...............................         162,847         159,428           5,007           3,089         167,854         162,517
Bureau of Reclamation...................................  ..............  ..............          20,680          20,680          20,680          20,680
National Park Service...................................         301,785         301,785         480,652         480,651         782,437         782,437
U.S. Fish and Wildlife Service..........................         754,732         753,664         938,031         933,919       1,692,763       1,687,582
U.S. Geological Survey..................................  ..............  ..............  ..............  ..............  ..............  ..............
Office of the Solicitor.................................           5,684           5,684         110,699         110,699         116,383         116,383
Office of the Environmental Policy & Compliance.........          47,054          47,054         106,266         106,266         153,320         153,320
Office of Hearings and Appeals..........................             763  ..............           2,997  ..............           3,760  ..............
Office of Policy Analysis...............................  ..............  ..............  ..............  ..............  ..............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Department of Agriculture
--------------------------------------------------------------------------------------------------------------------------------------------------------
U.S. Forest Service.....................................         653,758         611,610       1,443,838       1,351,324       2,097,586       1,962,933
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Department of Commerce
--------------------------------------------------------------------------------------------------------------------------------------------------------
National Marine Fisheries Service.......................       1,142,203         948,320         789,673         449,589       1,931,876       1,397,909
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................       3,342,174       3,041,788       4,283,755       3,790,592       7,625,929       6,832,378
--------------------------------------------------------------------------------------------------------------------------------------------------------

    9. Figure 1 summarizes the total reported costs incurred by 
Interior, Agriculture, and Commerce with respect to each OFA's 
participation in administering Part I of the FPA. Additionally, Figure 
1 summarizes the reported costs that the Commission determined were 
clearly documented and accepted for inclusion in its FY 2016 
administrative annual charges.

Summary Findings of Commission's Costs Review

    10. As presented in the preceding table, the Commission determined 
that $6,832,378 of the $7,625,929 in total reported costs were 
determined to be reasonable and clearly documented in the OFAs' 
accompanying reports and/or analyses. Based on these findings, 10% of 
the total reported cost was determined to be unreasonable. The 
Commission noted the most significant issues with regard to the 
insufficiency of documentation provided by the OFAs was the lack of 
supporting documentation to substantiate costs reported on the ``Other 
Federal Agency Cost Submission Form'' as well as the failure to 
segregate Municipal and Non-Municipal costs.
    11. The cost reports that the Commission determined were clearly 
documented and supported could be traced to detailed cost-accounting 
reports, which reconciled to data provided from agency financial 
systems or other pertinent source documentation. A further breakdown of 
these costs is included in the Appendix to this notice, along with an 
explanation of how the Commission determined their reasonableness.

Points of Contact

    12. If you have any questions regarding this notice, please contact 
Norman Richardson at (202) 502-6219 or Raven Rodriquez at (202) 502-
6276.

    Dated: July 21, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-17850 Filed 7-27-16; 8:45 am]
 BILLING CODE 6717-01-P