Office of General Counsel; Agency Information Collection Extension, 46045-46049 [2017-21322]

Agencies

• DEPARTMENT OF ENERGY
• Western Area Power Administration

[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Notices]
[Pages 46045-46049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21322]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Office of General Counsel; Agency Information Collection 
Extension

AGENCY: Western Area Power Administration, Department of Energy.

ACTION: Submission for Office of Management and Budget review; request 
for comments.

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SUMMARY: Western Area Power Administration (WAPA), an agency within the 
Department of Energy (DOE), submitted an extension to an existing 
Information Collection Request (ICR) to the Office of Management and 
Budget (OMB) for review, comment, and approval, as required under the 
Paperwork Reduction Act of 1995. The ICR seeks a 3-year extension for 
WAPA's Applicant Profile Data form (APD), OMB Control No. 1910-5136. 
The ICR described below identifies the request, including the 
anticipated public burden. The ICR is necessary for the proper 
performance of WAPA's functions. WAPA markets a limited amount of 
Federal hydropower. Due to the high demand for WAPA's power, WAPA needs 
the ability to collect information under the ICR in order to evaluate 
who may receive an allocation of Federal power pursuant to specific 
marketing plans. This APD public process only determines the 
information WAPA will collect in its ICR. The actual allocation of 
Federal power will be conducted through a separate marketing plan 
process outside the scope of this APD process.

DATES: To ensure consideration, comments regarding this collection must 
be received on or before November 2, 2017. The Paperwork Reduction Act 
requires OMB to make a decision on the extension of the ICR within 60 
days after this publication or receipt of the proposed collection of 
information, whichever is later. If you anticipate that you will be 
submitting comments, but find it difficult to do so within the period 
of time allowed by this notice, please advise the DOE Desk Officer at 
OMB of your intention to make a

[[Page 46046]]

submission as soon as possible. You may phone the Desk at 202-395-4718.

ADDRESSES: Written comments should be sent to: The DOE Desk Officer, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, New Executive Office Building, Room 10102, 735 17th Street NW., 
Washington, DC 20503.
    A copy of the comments should be sent to WAPA, attention Mr. Brent 
Osiek, Vice President of Power Marketing, Western Area Power 
Administration, 150 East Social Hall Avenue, Suite 300, Salt Lake City, 
UT 84111 or by email to osiek@wapa.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the APD should be directed to Mr. Brent Osiek at the above 
address or by telephone at 801-524-5495. The APD is available on WAPA's 
Web page at www.wapa.gov/PowerMarketing/Pages/applicant-profile-data.aspx and www.wapa.gov/PowerMarketing/Documents/Applicant-Profile-Data-form.pdf.

SUPPLEMENTARY INFORMATION:

I. Statutory Authority

    Reclamation Laws are a series of laws arising from the Desert Land 
Act of 1877 and include, but are not limited to: The Desert Land Act of 
1877, Reclamation Act of 1902, Reclamation Project Act of 1939, and the 
Acts authorizing each individual project such as the Central Valley 
Project Authorizing Act of 1937.\1\ The Reclamation Act of 1902 
established the Federal reclamation program.\2\ The basic principle of 
the Reclamation Act of 1902 was that the United States, through the 
Secretary of the Interior, would build and operate irrigation works 
from the proceeds of public land sales in the sixteen arid Western 
states (a seventeenth was later added). The Reclamation Project Act of 
1939 expanded the purposes of the reclamation program and specified 
certain terms for contracts that the Secretary of the Interior enters 
into to furnish water and power.\3\ In 1977, the Department of Energy 
Organization Act transferred the power marketing functions of the 
Department of the Interior to the Secretary of Energy, acting by and 
through a separate Administrator for WAPA.\4\ Section 5 of the Flood 
Control Act of 1944 is read in pari materia with Reclamation Laws with 
respect to WAPA.\5\
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    \1\ See Ch. 107, 19 stat. 377 (1877), Ch. 1093, 32 Stat. 388 
(1902), Ch. 418, 53 Stat. 1187 (1939), Ch. 832, 50 Stat. 844, 850 
(1937), all as amended and supplemented.
    \2\ See Ch. 1093, 32 Stat. 388 (1902), as amended and 
supplemented.
    \3\ See Ch. 418, 53 Stat. 1187 (1939), as amended and 
supplemented.
    \4\ See 42 U.S.C. 7152(a)(1)(D).
    \5\ See Act of December 22, 1944, Ch. 665, 58 Stat. 887, as 
amended and supplemented.
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II. Purpose of Proposed Collection

    WAPA is collecting--and will continue to collect--the data under 
its APD to properly perform its function of marketing a limited amount 
of Federal hydropower. The information WAPA collects is voluntary. Due 
to the high demand for WAPA's power and limited amount of available 
power, WAPA will use the information collected in the APD--and has used 
the information collected under the current OMB-approved control 
number--pursuant to its marketing plans, to determine an applicant's 
eligibility for an allocation of Federal power. As a result, the 
information WAPA collects under its APD is both necessary and useful.
    WAPA notes the Paperwork Reduction Act \6\ is the process whereby 
WAPA obtains approval from OMB to collect information from the public. 
It is a legal requirement that WAPA must comply with before requesting 
an interested party submit an application for power. The Paperwork 
Reduction Act process is not the process in which interested parties 
apply for a new allocation of Federal power. The allocation of power 
from WAPA is outside the scope of this process and is completed in a 
separate marketing plan process by each WAPA region, when required.
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    \6\ See 44 U.S.C. 3501, et seq.
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III. Background to This Process and Responses to Comments

A. Background

    On May 18, 2017, in compliance with the Paperwork Reduction Act, 
WAPA published a notice in the Federal Register inviting comments on 
extending WAPA's APD, OMB Control No. 1910-5136.\7\ WAPA provided a 60-
day comment period. As part of that notice, WAPA invited comments on: 
(1) Whether the proposed continued collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility; (2) the 
accuracy of the agency's estimate of burden, including the validity of 
the methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology.
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    \7\ See 82 FR 22825 (2017).
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    In May 2017, concurrent with the publication of the Federal 
Register notice, WAPA posted an Invitation for Comments on its Web page 
at www.wapa.gov/PowerMarketing/Pages/applicant-profile-data.aspx. WAPA 
emailed over 1,000 stakeholders (customers, interested parties, and 
customer associations) informing them of the publication of the Federal 
Register notice and Invitation for Comments. The email went to 
stakeholders in WAPA's service territory, which includes, but is not 
limited to, Arizona, California, Colorado, Iowa, Kansas, Minnesota, 
Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, 
Texas, Utah, and Wyoming.

B. Response to Comments

    WAPA received no comments.

IV. Information Collection Request: Applicant Profile Data, OMB Control 
No. 1910-5136

    WAPA submitted to OMB the request to extend WAPA's APD. The APD and 
responses to the APD will not be part of a system of records covered by 
the Privacy Act \8\ and will be available under the Freedom of 
Information Act.\9\
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    \8\ See 5 U.S.C. 552(a).
    \9\ See 5 U.S.C. 552. WAPA reserves the right to redact 
information to protect confidential or sensitive information, as 
provided under FOIA.
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    A copy of the APD is available on WAPA's Web page at: www.wapa.gov/PowerMarketing/Pages/applicant-profile-data.aspx and www.wapa.gov/PowerMarketing/Documents/Applicant-Profile-Data-form.pdf. As discussed, 
WAPA is not making any significant changes in the content and format of 
the APD. The APD and the administrative record for the proposal 
justifying APD's continued use are available for inspection and copying 
at WAPA's Headquarters in Lakewood, Colorado.
    As part of this process, WAPA has identified the minimum amount of 
information WAPA needs for its regional offices to properly perform the 
power marketing functions of the agency. Due to the variations that may 
develop in each region, the regional office, through its marketing 
plan, may determine that it does not need to collect all of the 
information contained in the APD. As a result, WAPA will allow each 
region to use subsets of the form, where one region's APD may request 
less information than another region's APD. Also, to ensure equitable

[[Page 46047]]

treatment of applications when issuing a call for applications, WAPA 
may provide additional directions to clarify certain sections of the 
APD, e.g., identify the year or years to use in preparing the APD. 
Rather than collect unnecessary information, WAPA seeks to collect only 
the minimal amount of information it needs. To be considered for an 
allocation of Federal power from WAPA under a marketing plan, the 
applicant must provide the information requested in the APD. If the 
requested information is not applicable or is not available, the 
applicant will note it on the APD. WAPA will request, in writing, 
additional information from any applicant whose application is 
deficient. WAPA will notify the applicant when the application is due. 
In the event an applicant fails to provide sufficient information to 
allow WAPA to make a determination regarding eligibility by the due 
date, the application will not be considered.

V. Paperwork Reduction Requirements

A. Introduction

    1. OMB Number: WAPA's existing OMB Number is 1910-5136. This number 
is displayed on the front page of the APD. It expires on September 30, 
2017.
    2. Title: Applicant Profile Data.
    3. Type of Review: WAPA is seeking to extend its APD for 3 years.
    4. Purpose: The APD is necessary for the proper performance of 
WAPA's functions. WAPA markets a limited amount of Federal power. Due 
to the high demand for WAPA's power and limited amount of available 
power under established marketing plans, WAPA needs to be able to 
collect information to evaluate who may receive an allocation under a 
marketing plan. As a result, the information WAPA collects is both 
necessary and useful. This public process only determines the 
information WAPA will collect in its application. The actual allocation 
of Federal power under a specific marketing plan is outside the scope 
of this APD process.
    5. Respondent: The response is voluntary. However, if an entity 
seeks an allocation of Federal power, the respondent must submit an APD 
to the specified WAPA regional office. WAPA has identified the 
following class of respondents as the most likely to apply: 
Municipalities, cooperatives, public utilities, irrigation districts, 
Native American tribes, and Federal and State agencies. The respondents 
will be located in Arizona, California, Colorado, Iowa, Kansas, 
Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, South 
Dakota, Texas, Utah, and Wyoming. The information submitted on the APD 
will not be part of a system of records covered by the Privacy Act \10\ 
and will be available under the Freedom of Information Act.\11\
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    \10\ See 5 U.S.C. 552(a).
    \11\ See 5 U.S.C. 552. WAPA reserves the right to redact 
information to protect confidential or sensitive information, as 
provided under FOIA.
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    6. Annual Estimated Number of Respondents: The responses will be 
periodic and occur when WAPA has power available under a specific 
marketing plan process. Based on historical data, WAPA anticipates 
approximately 100 requests for power during the 3-year period when the 
OMB Clearance Number is in effect. This results in an estimated annual 
average of 33.33 respondents.
    7. Number of Burden Hours and Estimated Reporting and Recordkeeping 
Costs:
    a. Initial Application: WAPA anticipates that it will take less 
than 8 hours to complete the APD. Once the respondent completes the 
APD, it will submit the APD to WAPA for review. After submitting the 
APD, provided the APD is complete and no clarification is required, 
WAPA does not anticipate requiring any further information for the APD 
from the applicant, unless the applicant is successful in obtaining a 
power allocation. The applicant submits only one APD. It does not 
submit an APD every year. If the applicant receives a power allocation, 
the applicant will need to complete a regional contract with WAPA to 
receive a Federal power allocation. WAPA's standard contract terms are 
outside the scope of this process.

                  Table 1--Annual Hour Burden Estimates
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           Total number of unduplicated respondents              33.333
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Reports filed per person.....................................          1
Total annual responses.......................................     33.333
Total annual burden hours....................................    266.664
Average Burden:
  Per Collection:............................................          8
  Per Applicants:............................................          8
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    b. Recordkeeping: There is no mandatory recordkeeping requirement 
for the applicant if it does not receive an allocation of Federal 
power. In such case, any recordkeeping of the APD by a respondent is 
voluntary. For those entities that receive a Federal power allocation, 
WAPA requires the successful applicant to keep the information for 3 
years after WAPA grants the power allocation and the applicant signs 
its regional contract with WAPA. The 3-year record retention policy 
will allow WAPA sufficient time to administer the regional contract and 
to ensure the applicant provided factual information in its 
application. A 3-year record retention policy will have little impact 
on most businesses in the electric utility industry. WAPA anticipates 
that it would take less than 1 hour per successful applicant, per year, 
for recordkeeping purposes. Within a 3-year period, WAPA anticipates 
having approximately 30 successful applicants.
    c. Methodology: Based on the total number of burden hours and the 
total number of applications described above, WAPA expects that over a 
3-year period, the total burden hours to complete the APD is 800 hours 
(100 applicants over 3 years x 8 hours per applicant). This converts to 
an annual hourly burden of 266.7 hours. An entity will only complete 
the APD once; it is not required each year. WAPA anticipates that there 
will be additional cost burdens for recordkeeping of 1 hour per year 
for each applicant who receives a Federal power allocation. Over the 
course of 3 years, WAPA anticipates there will be 30 successful 
applicants. The power may be allocated in year 1, year 2, or year 3. 
For the purposes of determining the cost burden, WAPA will presume all 
30 applicants received an allocation in year 1. As a result, the annual 
hourly burden for recordkeeping is 30 hours. For the purposes of this 
cost burden analysis, WAPA is assuming that a utility staff specialist 
will complete the APD. WAPA estimates a utility staff specialist rate, 
including administrative overhead, to be approximately $121/hour. For 
recordkeeping, WAPA estimates an administrative support rate of $60/
hour.
    d. Summary of Burdens: Based on the above, WAPA estimates the total 
annual cost as [(8 x $121) x 33.33) + ((1 x $60) x 30)] = $34,063.44 
per year. Using these estimates, the applicant's cost to complete the 
APD is a one-time cost per response of $968. In addition to the one-
time cost, the applicant will incur an additional expense of 1 hour for 
recordkeeping per year at the administrative support rate of $60/hour 
if it successfully receives a power allocation under a marketing plan. 
The procedure and process for the allocation of power shall be the 
subject matter of a separate notice and is outside the scope of this 
process.

[[Page 46048]]



                                                          Table 2--Annual Cost Burden Estimate
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                                                                             Number of        Average
                       Instrument                            Number of    responses  per   annual burden     Cost per        Cost per        Sub-total
                                                            respondents      respondent        hour         burden hour      response          cost
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Prepare APD.............................................           33.33               1               8            $121            $968      $32,263.44
Recordkeeping...........................................              30               1               1              60              60        1,800.00
                                                         -----------------------------------------------------------------------------------------------
    Total Cost..........................................  ..............  ..............  ..............  ..............  ..............       34,063.44
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B. Does the collection of data avoid unnecessary duplication?

    To avoid unnecessary duplication, only entities that desire a new 
WAPA allocation are required to submit an APD. As it relates to each 
component of the APD, there is no duplication. Section 1 is information 
WAPA needs to identify the applicant; whether the applicant is a 
statutorily-defined preference entity; \12\ and whether the applicant 
is ready, willing, and able to receive and/or distribute Federal power. 
Section 2 identifies the amount of Federal power that the applicant 
requests. Section 3 identifies the applicant's loads. Section 4 
identifies the applicant's power supply resources. Section 5 identifies 
the applicant's transmission delivery arrangements to receive Federal 
power. Section 6 is voluntary and provides the applicant with the 
ability to provide any additional information. Section 7 is an 
attestation that the information provided is true and accurate to the 
best of the applicant's knowledge.
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    \12\ See e.g., 43 U.S.C. 485h(c).
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C. Does the collection reduce the burden on the respondent, including 
small entities, to the extent practicable and appropriate?

    The information requested is the minimum amount of information 
needed to determine whether the applicant qualifies as a statutorily-
defined preference entity and is ready, willing, and able to receive an 
allocation of Federal power under a marketing plan.\13\
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    \13\ See e.g., 43 U.S.C. 485h(c).
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D. Does the collection use plain, coherent, and unambiguous language 
that is understandable to the respondent?

    The collection uses plain, coherent, and unambiguous language that 
is understandable to the target audience. The terms in the collection 
are those used in the electric utility industry. WAPA does not market 
power to individual members of the public such as homeowners or 
shopkeepers. Preference entities are statutorily-designated potential 
customers who generally are involved in the power business. As a 
result, the language used in the application is understandable to the 
target audience.

E. Is the collection consistent with and compatible with the 
respondent's current reporting and recordkeeping practices to the 
maximum extent practicable?

    The information collection is voluntary. WAPA will use the 
information to determine an allocation of Federal power under a 
marketing plan. As discussed above, there is no mandatory recordkeeping 
requirement on the applicant if it does not receive an allocation of 
Federal power. For those entities that receive a Federal power 
allocation, WAPA requires that they keep the information for 3 years 
after WAPA grants the power allocation and the applicant signs a 
Federal power contract. The 3-year record retention policy for such 
applicants allows WAPA sufficient time to administer the regional 
contract and to ensure the applicant provided factual information in 
its application. WAPA anticipates that a 3-year record retention policy 
will have little impact on most businesses in the power industry who 
will keep the APD as part of their normal business records. The 
procedure and process for the allocation of power shall be the subject 
matter of a separate marketing plan notice and is outside the scope of 
this process.

F. Does the collection indicate the retention period for any 
recordkeeping requirements for the respondent?

    The APD identifies that there is no recordkeeping requirement for 
the respondent if it does not receive an allocation of Federal power. 
It also identifies that applicants who receive an allocation of Federal 
power must retain the records for 3 years.

G. Does the collection inform the public of the information the public 
needs to exercise scrutiny concerning the agency need to collect 
information (the reasons the information is collected, the way it is 
used, an estimate of the burden, whether the response is voluntary, 
required to obtain a benefit, or mandatory and a statement that no 
person is required to respond unless a valid OMB control number is 
displayed)?

    WAPA has a limited amount of power available and WAPA's 
Administrator has discretion in allocating power under a marketing 
plan. WAPA will (a) use the information collected on the application, 
(b) not accept incomplete applications, and (c) work with respondents 
that require assistance in completing the application. No respondent is 
required to submit any information unless a valid OMB control number is 
displayed. No respondent is required to submit any information unless 
they desire a Federal power allocation under a marketing plan.

H. Is the collection developed by an office that has planned and 
allocated resources for the efficient and effective management and use 
of the information collected?

    WAPA's regional power marketing offices will administer and 
evaluate the applications. Use and management of the collected 
information were factored into each office's functions and resource 
requirements. Historically, WAPA has requested the same relative 
information from applicants and effectively used WAPA resources to 
utilize and manage the information in its determinations. Each office 
will make a recommendation to WAPA's Administrator on which 
applicant(s) should be awarded a Federal power allocation based upon 
marketing plan requirements and the information contained in the APD. 
WAPA's Administrator has discretion in the final award of power 
allocations. The procedure and process for the allocation of power 
shall be the subject matter of a separate marketing plan notice and is 
outside the scope of this process.

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I. Does the collection use effective and efficient statistical survey 
methods?

    Since the information collected is used to help determine whether 
an applicant may receive an allocation of Federal power, this section 
is not applicable.

J. Does the collection use information technology to the maximum extent 
practicable to reduce the burden and to improve data quality, agency 
efficiency, and responsiveness to the public?

    The APD will be accessible for downloading via WAPA's Web page at 
www.wapa.gov/PowerMarketing/Documents/Applicant-Profile-Data-form.pdf. 
WAPA will accept email and mail submission of the APD.

VII. Invitation for Comments

    WAPA invites public comment on its request to extend its APD that 
WAPA submitted to OMB pursuant to the Paperwork Reduction Act of 1995. 
The Paperwork Reduction Act requires OMB to make a decision on the ICR 
within 60 days after this publication or receipt of the proposed 
collection of information, whichever is later.\14\ Comments should be 
sent directly to the addresses listed in the ADDRESSES section.
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    \14\ See 5 CFR 1320.10(b).

    Dated: August 25, 2017.
Mark A. Gabriel,
Administrator.
[FR Doc. 2017-21322 Filed 9-29-17; 4:15 pm]
 BILLING CODE 6450-01-P