Revisions to the Filing Process for Commission Forms, 30620-30628 [2019-13588]
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BILLING CODE 6750–01–C
ACTION:
[FR Doc. 2019–13225 Filed 6–26–19; 8:45 am]
Final rule.
The Commission is adopting
eXtensible Business Reporting Language
(XBRL) as the standard for filing the
Commission Form Nos. 1, 1–F, 2, 2–A,
3–Q electric, 3–Q natural gas, 6, 6–Q,
60, and 714. The use of XBRL will make
the information in these forms easier for
filers to submit and data users to
analyze, and assist in automating
regulatory filings. The Commission
believes that transitioning from the
current Visual FoxPro system to XBRL
will decrease the costs, over time, of
preparing the necessary data for
submission and complying with future
changes to filing requirements set forth
SUMMARY:
BILLING CODE 6750–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 141 and 385
[Docket No. RM19–12–000; Order No. 859]
Revisions to the Filing Process for
Commission Forms
Federal Energy Regulatory
Commission.
AGENCY:
by the Commission. In addition, the
Commission is revising its regulations to
require filers of Form No. 1–F to file
their report in electronic media.
DATES:
This rule is effective August 26,
2019.
FOR FURTHER INFORMATION CONTACT:
Robert Hudson (Technical Information),
Office of Enforcement, Federal Energy
Regulatory Commission, 888 First Street
NE, Washington, DC 20426, (202) 502–
6620, Robert.Hudson@ferc.gov. Michael
Chase, Office of General Counsel,
Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC
20426, (202) 502–6205, Michael.Chase@
ferc.gov.
Paragraph
numbers
I. Background ............................................................................................................................................................................................
II. Notice of Proposed Rulemaking ..........................................................................................................................................................
III. Discussion ...........................................................................................................................................................................................
A. Process for Implementing the XBRL-Based Solution .................................................................................................................
1. Timeline and Structure .........................................................................................................................................................
2. XBRL Taxonomy ....................................................................................................................................................................
B. Regulatory Text Revisions ............................................................................................................................................................
IV. Information Collection Statement ......................................................................................................................................................
V. Environmental Analysis ......................................................................................................................................................................
VI. Regulatory Flexibility Act ..................................................................................................................................................................
VII. Document Availability ......................................................................................................................................................................
VIII. Effective Date and Congressional Notification ...............................................................................................................................
1. The Commission is adopting
eXtensible Business Reporting Language
(XBRL) as the standard for filing the
Commission’s Form Nos. 1, 1–F, 2, 2–
A, 3–Q electric, 3–Q natural gas, 6, 6–
Q, 60, and 714 (VFP Forms or
Commission Forms). The Commission
concludes that adoption of XBRL will
make the information in these forms
easier for filers to submit and data users
to analyze, and assist in automating
regulatory filings. The use of XBRL also
will increase efficiency and decrease the
costs, over time, of preparing the
necessary data for submission and
complying with future changes to filing
requirements set forth by the
Commission. In addition, the
Commission is revising its regulations to
require Form No. 1–F filers to file their
report in electronic media pursuant to
18 CFR 385.2011.
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I. Background
2. Under the Commission’s
regulations, certain entities are required
to report information to the Commission
by filing one or more forms.1 Currently,
1 See
18 CFR 141.1 (requiring annual filing of
FERC Form No. 1, Annual report of Major electric
utilities, licensees and others); 18 CFR 141.2
(requiring annual filing of FERC Form No. 1–F,
Annual report for Nonmajor public utilities and
licensees); 18 CFR 260.1 (requiring annual filing of
FERC Form No. 2, Annual report for Major natural
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this information is transmitted to the
Commission using a Commissiondistributed software application called
Visual FoxPro (VFP). Each entity is
required to gather its relevant financial
and other data and enter the data into
VFP on its own computer system. The
entity then uses the VFP software to
transmit the information to the
Commission. Microsoft Corporation, the
developer of the VFP software, no
longer supports this application. As a
result, on April 25, 2015, the
Commission issued an order
announcing its intention to replace the
current VFP filing format for the VFP
Forms with an eXtensible Markup
Language (XML)-based filing format.2 In
gas companies); 18 CFR 260.2 (requiring annual
filing of FERC Form No. 2–A, Annual report for
Nonmajor natural gas companies); 18 CFR 141.400
and 18 CFR 260.300 (requiring quarterly filing of
FERC Form No. 3–Q, Quarterly financial report of
electric utilities, licensees, and natural gas
companies); 18 CFR 357.2 (requiring annual filing
of FERC Form No. 6, Annual Report of Oil Pipeline
Companies); 18 CFR 357.4 (requiring quarterly
filing of FERC Form No. 6–Q, Quarterly report of
oil pipeline companies); 18 CFR 141.51 (requiring
annual filing of FERC Form No. 714, Annual
Electric Balancing Authority Area and Planning
Area Report); and 18 CFR 366.23 and 18 CFR 369.1
(requiring annual filing of FERC Form No. 60,
Annual reports of centralized service companies).
2 Electronic Filing Protocols for Commission
Forms, 151 FERC ¶ 61,025 (2015) (April 2015
Order).
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the April 2015 Order, the Commission
stated that XML is the current industry
standard for the submission of
electronic data. In support of this
proposed change, the Commission
stated that the XML data format has
significant advantages over other
approaches because it is non-proprietary
and would establish a single standard
for nearly all Commission forms, while
also providing consistency with the
Commission’s current electronic tariff
(eTariff) filings and the Electric
Quarterly Report (EQR) systems.3 In the
April 2015 Order, the Commission
directed Commission staff to seek the
assistance of the North American Energy
Standards Board (NAESB) 4 in the
process of developing standards for the
submission of the VFP Forms to the
Commission.5 NAESB facilitated 18
meetings to discuss the transitioning of
the forms to the XML process. In
addition to these meetings, Commission
staff analyzed different methods for
3 Id.
P 5.
4 NAESB
serves as a forum for the development
and promotion of standards for the wholesale and
retail natural gas and electric industries. In
response to the Commission’s request on this
matter, NAESB performed specific outreach to the
oil pipeline industry to include participation from
that sector.
5 April 2015 Order, 151 FERC ¶ 61,025 at P 10.
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collecting forms information with other
federal agencies.
II. Notice of Proposed Rulemaking
3. On January 17, 2019, the
Commission issued a Notice of
Proposed Rulemaking in this
proceeding, proposing to adopt XBRL as
the standard for filing Commission
Forms.6 The Commission stated that the
XBRL standard includes all the
advantages of the XML format, such as
its non-proprietary nature, its efficient
sharing of data across different
information systems, and its ability to
include identified proprietary formats
(e.g., PDF, Microsoft Word, etc.), while
also structuring the data with tags that
utilize standard taxonomies to capture
the inherent characteristics of the
information as well as the value of the
data.7 The Commission noted that the
XBRL standard is required for filing
forms by a number of other federal
agencies, including the U.S. Securities
and Exchange Commission, the
Department of Energy, and the Federal
Financial Institutions Examination
Council.8 The Commission stated that
XBRL is an international standard that
enables the reporting of comprehensive,
consistent, interoperable data that
allows industry and other data users to
automate submission, extraction, and
analysis.9 The Commission also stated
that the use of XBRL would facilitate the
implementation of changes to its
reporting requirements by enabling
future changes without the need for
costly development procedures.10 The
Commission sought comment generally
on the proposed transition from VFP to
XBRL and specifically on the time
period of historical VFP Form data that
should be converted by the Commission
to XBRL upon launch of the new XBRL
system.11
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III. Discussion
4. Nine commenters 12 filed comments
in response to the NOPR, broadly
supporting the use of XBRL to replace
the current software for filing
6 Revisions to the Filing Process for Commission
Forms, Notice of Proposed Rulemaking, 166 FERC
¶ 61,027 (2019) (NOPR).
7 Id. P 8.
8 Id. P 9 & n.12.
9 Id. P 9.
10 Id. P 15.
11 Id. P 20.
12 American Gas Association (AGA); the
Association of Oil Pipe Lines (AOPL); Donnelly
Financial Solutions; the Edison Electric Institute
(EEI); Interstate Natural Gas Association of America
(INGAA); National Grid USA (National Grid);
Systrends USA; Washington Utilities and
Transportation Commission (WUTC); and XBRL
US, Inc. (XBRL US). In addition, the Midcontinent
Independent System Operator, Inc. filed a motion
to intervene in this proceeding.
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Commission Forms. The commenters
generally agree that using XBRL to file
Commission Forms would be superior
to the current VFP-based filing format or
a customized XML-based format. No
commenters provided any alternative to
XBRL or opposed the Commission’s
proposal to replace VFP with XBRL as
the standard for submitting Commission
Forms. Based on the need to transition
to a new filing format and the comments
received in response to the NOPR, the
Commission will adopt the XBRL
standard for filing Commission Form
Nos. 1, 1–F, 2, 2–A, 3–Q electric, 3–Q
natural gas, 6, 6–Q, 60, and 714.
5. The Commission intends to make
the data from the XBRL filings available
to the public, as it does now for the
VFP-filed Commission Forms, and
provide a system that will allow for
easier downloading of the data. The
Commission will convert the XBRL data
to a human-readable form for each
company, similar to how the VFP Forms
are currently published in the
Commission’s eLibrary system. The
Commission also will create a database
that parties can use to search the forms
data and download the information.
6. The Commission intends to
proceed with the development and
implementation of the XBRL standard
using the following process. After
publication of this final rule, the
Commission will make available a draft
of the XBRL taxonomy and other related
documents. After public release of these
items, Commission staff will convene
technical conference(s) to discuss the
taxonomy and other related documents,
any technical concerns, and any issues
related to the transition, including the
implementation schedule. At the
conclusion of the technical
conference(s), the Commission will
continue to collect comments.
Following review of those comments,
the Commission will issue an order
adopting the final taxonomy, protocols,
and an implementation guide, and
establishing an implementation
schedule. Industry participants will be
afforded reasonable time to develop
their software and the Commission will
make available a platform for the testing
of the filers’ submissions.
A. Process for Implementing the XBRLBased Solution
1. Timeline and Structure
a. Comments
7. In providing support for the
Commission’s proposed use of XBRL for
filing Commission Forms, the
commenters raise issues for Commission
consideration to ensure a smooth
transition from VFP to XBRL, including
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recommendations for the timing of
implementing XBRL as the standard and
how much historical data the
Commission should initially make
available upon conversion to XBRL. In
its comments, National Grid
recommends that the Commission set at
least one technical conference to obtain
stakeholder input on any revisions that
should be made to the Commission’s
XBRL software.13 AOPL requests that
the implementation schedule allow time
for sufficient technical conferences to
ensure issues are adequately vetted and
addressed.14
8. AGA recommends that the
Commission develop a compliance
timeline and structure that are not
burdensome to either filers or reviewers
of the filings.15 AGA notes the
Commission should provide sufficient
time for software evaluation,
development, contracting,
implementation, and testing. EEI
encourages the Commission to ensure
that adequate time and resources are
dedicated to implementing the new
XBRL-based Commission Forms filing
process and notes that the initial
reporting period should afford some
flexibility to account for unanticipated
technical issues that may arise,
including the ability to continue to use
VFP, if necessary, and a willingness to
provide extensions of time in case of
unanticipated technical challenges.16
EEI states that this accommodation is
needed because the NOPR does not
contemplate a gradual phase-in of the
XBRL system.17
9. National Grid urges the
Commission to take expedited action to
develop the XBRL system to minimize
the use of the legacy VFP system.18
National Grid also recommends that the
Commission implement a one-year safe
harbor period to allow filing entities to
use the legacy VFP software if problems
are encountered with adopting the new
format.19
10. EEI requests that the Commission
provide a minimum of 18 months from
the final rule for the industry to develop
and implement the new software.20
AGA recommends that the Commission
adopt a two- to three-year XBRL
transition period, while also permitting
early implementation for companies
that can implement the XBRL system in
13 National
Grid Comments at 6.
Comments at 4.
15 AGA Comments at 2.
16 EEI Comments at 4–5.
17 Id. at 5.
18 National Grid Comments at 3.
19 Id. at 4.
20 EEI Comments at 4–5.
14 AOPL
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less time.21 To aid the XBRL transition,
AGA suggests that a ‘‘staggered
approach’’ could be adopted in place of,
or in addition to, a delayed mandate
with early adoption process.
Specifically, AGA proposes that the
Commission select a date for pipelines
to file their Form No. 2-As in the
required XBRL filing format that falls
after the date that the Form No. 2 filers
are required to make their filings. AGA
suggests that this staggered approach
would allow the XBRL software vendors
and service providers to better allocate
resources to support the XBRL
implementation for all companies.22 As
an alternative to the two- to three-year
extension of the compliance deadline,
AGA suggests that the Commission
establish a formal grace period, possibly
for 30 days, for all filings requiring the
XBRL filing format during a two-year
phase-in period.23 In addition, AGA
recommends that the Commission not
require interested entities to use special
software to access and view the filed
financial data, rather suggesting that
information filed with the Commission
be accessible and readable. AGA states
that interested persons should have the
ability to download the information in
PDF form or via other common
electronic means.
11. Some commenters request that the
Commission implement a testing period
for the new XBRL standard. For
example, AOPL states it anticipates its
members will want opportunities to
participate in a testing interface with the
new XBRL filing method in advance of
implementation.24 Similarly, EEI asks
that the Commission provide filers with
the opportunity to participate in testing
the revisions to the filing process and
the XBRL system itself, in advance of
the technical conference(s), by
providing as much additional
information as possible to participants
regarding its proposal to allow a more
granular understanding of the XBRL
process and system.25 XBRL US
recommends that that the Commission
provide guidance and training to
filers.26
12. AGA cautions the Commission
that its members will not only need to
determine how to comply with any new
requirements, if applicable, but also
potentially need to review the forms
filed by the interstate pipelines from
which the utilities receive service to
ensure that the XBRL versions are
21 AGA
Comments at 5.
22 Id.
23 Id.
at 5–6.
Comments at 4.
25 EEI Comments at 4.
26 XBRL US Comments at 5–6.
24 AOPL
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accurate and consistent with historical
data. AGA requests that the Commission
afford customers and interested persons
sufficient opportunity to review the
filings, determine whether any
substantive changes have been made,
and raise concerns.27 AGA requests that
the Commission not make any
determination in this proceeding that
would limit the ability of companies to
use the Commission’s forms for state
compliance purposes. AGA notes that
various state commissions have either
adopted the forms for their own
purposes or permit entities to file
information at the state level consistent
with the Commission’s forms and
methods to comply with state
requirements.28
b. Commission Determination
13. As stated above, after publication
of this final rule, the Commission will
release a draft XBRL taxonomy and
other related documents.29 Following
the release of the draft taxonomy, the
Commission will convene staff-led
technical conference(s) to enable
interested industry members, vendors,
and the public to discuss and propose
revisions to the draft taxonomy, along
with other important components of the
XBRL system. In response to comments
by AGA, National Grid, AOPL, and EEI,
the technical conference(s) will serve as
the forum to discuss any issues related
to the transition, including the
implementation schedule, the
idiosyncrasies of specific forms, how
footnotes will be programmed, and how
‘‘cellnotes’’ will be treated in the
conversion of historical VFP Form data.
The Commission intends to provide a
reasonable amount of time for issues to
be vetted and addressed in the technical
conference(s). At the conclusion of the
technical conference process, the
Commission will continue to solicit
comments and, after reviewing those
comments, the Commission will issue
an order adopting the final taxonomy,
protocols, implementation guide and
other documents, and establishing an
implementation schedule.
14. In response to comments by EEI
and AGA concerning the compliance
timeline and structure, the Commission
27 AGA
Comments at 5.
at 7.
29 As explained in the NOPR, the use of XBRL
results in the creation of a taxonomy. Taxonomies
are files containing relevant business terminology,
their meanings, their data types, relationships
among terms, and the rules or formulas that files for
submission must follow. NOPR, 166 FERC ¶ 61,027
at P 14. Taxonomies are not permanent documents,
but rather are code that describes elements that can
be used in other programs and software. The
taxonomy contains all the information needed to
create a form submission.
28 Id.
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plans to allow a reasonable period of
time following the technical conference
process for software evaluation,
development, implementation and
testing, while also attempting to
minimize the burden on filers and
reviewers of the filings, to the extent
possible. However, as explained in the
NOPR, because Microsoft Corporation
no longer supports VFP, and its
continued use has resulted in
compatibility and maintenance
difficulties for the Commission and
some filers, the Commission will strive
to fully transition to XBRL and retire
VFP as soon as practicable. Given the
importance of ensuring that the data
collected through Commission Forms is
uniform and available in the same
format at the same time, we do not
anticipate that a one-year safe harbor
period to continue allowing filers to use
the VFP software after the new XBRL
system is implemented, as suggested by
National Grid, will be warranted.
Moreover, contrary to EEI’s suggestion,
we do not anticipate allowing the
continued use of VFP after the
implementation of XBRL. Following
discussions at the technical
conference(s), including about the
implementation date for XBRL, the
Commission will issue an order with the
final implementation schedule and
process. To the extent a filer encounters
technical difficulties in filing
Commission Forms using the new XBRL
system after deployment, that filer will
be free to seek an extension of time for
compliance.
15. In addition, as requested by AGA,
AOPL, and EEI, the Commission plans
to provide an opportunity for interested
industry members to test a version of
the XBRL system before implementing
the new XBRL system. The technical
conference(s) will be open to the public
and the Commission encourages all
interested entities, including vendors, to
participate in the upcoming technical
conference(s) and to test the system. We
reiterate that in this proceeding we are
not changing the information to be
collected in Commission Forms. All
information currently collected in
Commission Forms will continue to be
collected; however, where it will be
collected and how it will be validated
and displayed will change through the
adoption of the XBRL system.30 We will
30 As stated in the NOPR, the proposed XBRLbased FERC Form Nos. 1, 1–F, and 3–Q electric will
incorporate energy storage-related data which the
Commission required be submitted under Order No.
784, but had not been included in the VFP Forms
due to the technical limitations of VFP addressed
with this final rule. See Third-Party Provision of
Ancillary Services; Accounting and Financial
Reporting for New Electric Storage Technologies,
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not require the use of special software
to access the data and we will ensure
there is the ability to download the
information in a human-readable form,
as suggested by AGA.
16. While recognizing XBRL US’s
recommendation that the Commission
provide guidance and training to filers,
the Commission will provide guidance
on how to use the new XBRL-based
filing system through documentation,
but the Commission does not anticipate
that it will itself provide training on the
new system. Any guidance documents
will be published online and made
available in draft form for review before
final publication.
17. When the Commission receives
the forms in XBRL format, it will make
those forms available in a humanreadable version, similar to how they
are currently published in the
Commission’s eLibrary system.
Therefore, an entity interested in
reviewing forms after they have been
submitted in XBRL will be able to do so.
As a result, the Commission does not
believe, contrary to AGA’s request for
additional time to review Commission
Form submissions, that conversion to
XBRL warrants more time to review
these filings because the current
proceeding is not changing the
information collected in Commission
Forms.
2. XBRL Taxonomy
a. Comments
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18. Most commenters emphasize their
need for a comprehensive review of the
proposed XBRL taxonomy prior to any
technical conference(s). INGAA states it
is crucial for the Commission to ensure
adequate transition time once the
taxonomy is finalized.31 EEI states it
prefers that the taxonomy and mapping
be predetermined for each form, noting
that the current format of each form
should dictate the common taxonomy
and mapping for that form and that the
footnotes to the financial statements
also should be filed as a single block of
text.32 AOPL suggests that the
Commission develop a taxonomy that
has all necessary customization to
accommodate the unique requirements
of the respective forms, including the
Order No. 784, 144 FERC ¶ 61,056 (2013). See also
Accounting and Reporting Guidance for New
Electric Storage Technologies, Docket No. AI14–1–
000, at 1–2 (Feb. 20, 2014). Other similar changes
made to the data to be collected and reported in
Commission Forms that have been previously
approved by the Commission but that could not be
reported due to the limitations of VFP, if any, will
be included among the data collected using the new
XBRL system.
31 INGAA Comments at 2.
32 EEI Comments at 3.
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Form Nos. 6 and 6–Q filed by oil
pipelines.33 AOPL also states its
members will be interested during the
technical conferences in understanding
how the draft taxonomy addresses
tagging within footnotes and the ability
to use ‘‘cellnotes’’ in Form Nos. 6 and
6–Q, and how they will be treated in the
Commission’s conversion of historical
VFP Form data to XBRL.34 AOPL
suggests that the Commission consider
development of document and/or
workbook templates that track the
display of the existing Form Nos. 6 and
6–Q for ease of reviewing form
submissions and to help lessen the
burden of XBRL implementation.35
Systrends USA requests that the
Commission provide a submission
portal so that third-party software can
transfer the completed Commission
Forms directly from an application to
the Commission, similar to the end-user
submission portal designed for EQR that
uses a web service to upload the
document.36
19. WUTC states that the Commission
should be the leader in establishing a
regulatory taxonomy, and suggests that
development of any draft taxonomy be
conducted in concert with the states and
the National Association of Regulatory
Utility Commissioners (NARUC), and
include the capacity for state-specific
data along with Commission-based
interstate operational and financial
data.37 According to WUTC, without a
Commission-developed taxonomy that
incorporates state requirements, the
states would be required to recreate new
taxonomies which would not
necessarily be readable by other state
agencies.38
20. As to how much historical data
should be converted to the new system
to coincide with the launch, INGAA
supports the NOPR’s proposal to
incorporate the prior three years of VFP
Form data from the current VFP
system.39 By contrast, EEI suggests that
the transfer of historical data should be
deferred entirely until after the
successful launch of the XBRL system.40
21. With respect to the involvement of
NAESB in the technical conference(s),
INGAA supports the idea that NAESB
be involved with the staff-led technical
conference, as this will allow all
interested industry members to discuss
and propose revisions to the
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Commission’s draft taxonomy in
consultation with NAESB. INGAA notes
that NAESB’s involvement will also
provide interested industry members
with an opportunity to propose
revisions to the Commission’s draft
taxonomy before it is finalized.41
However, EEI notes that, to the extent
staff-led technical conference(s), or any
other aspects of the implementation of
XBRL are hosted or otherwise
coordinated by NAESB, they should not
be limited to NAESB members, nor
should participants be required to pay
fees to NAESB, in order to have input
or the ability to vote on any proposals.42
EEI states that this will ensure that all
stakeholders impacted by the proposal
will have the opportunity to participate
and provide comment on any
proposal.43
b. Commission Determination
22. The Commission plans to address
all technical details of the XBRL system
in its draft taxonomy and other
documents released prior to the
technical conference(s) to encourage
input and discussion on their
components and implementation.
Accordingly, we find Systrends USA’s
comments requesting a submission
portal 44 and XBRL US’s
recommendation to use automated
validation rules and implement a
process to conduct public reviews of
new taxonomy releases 45 to be
premature. If necessary, the Commission
will address technical topics such as
these during the technical conference(s).
Future changes to the taxonomy and
related code can be made under the
Secretary of the Commission’s delegated
authority to make such changes.46
Before the Commission implements any
such changes, notice of the proposed
change will be provided sufficiently in
advance to notify companies and
provide them time to comply with the
changes to the taxonomy and related
code.
23. Regarding WUTC’s suggestion that
the development of any draft taxonomy
be conducted in concert with state
commissions and NARUC, the
Commission encourages state utility
commissions to participate in the
technical conference(s). With respect to
41 INGAA
42 EEI
Comments at 2.
Comments at 3–4.
43 Id.
33 AOPL
Comments at 3.
at 3–4.
35 Id. at 4.
36 Systrends USA Comments at 1.
37 WUTC Comments at 2–3.
38 Id. at 2–3.
39 INGAA Comments at 2.
40 EEI Comments at 6.
34 Id.
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44 Systrends
USA Comments at 1.
US Comments at 5–6.
46 In particular, § 375.302(z) of the Commission’s
regulations authorizes the Secretary of the
Commission or designee to ‘‘[i]ssue instructions
pertaining to allowable electronic file and
document formats . . . and procedural guidelines
for submissions via the internet, on electric media,
or via other electronic means.’’ 18 CFR 375.302(z).
45 XBRL
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WUTC’s suggestion that the
Commission’s taxonomy incorporate
state requirements, we do not plan to
incorporate state requirements into the
Commission-developed taxonomy.
Incorporating a diverse array of state
requirements into the Commission’s
taxonomy would lead to potential
challenges and delays in implementing
and maintaining the new system.
However, XBRL is extensible in nature
and filings can be created to meet
particular state commission
requirements without affecting the
Commission’s requirements.
Furthermore, because the Commission
is not revising the substance of the
required filings, it does not need to take
into account state compliance purposes
in this proceeding, as suggested by
AGA.
24. With regard to converting
historical data, the new XBRL system
and the conversion of historical data to
XBRL will be developed concurrently.
Therefore, at this time, contrary to EEI’s
suggestion, the Commission does not
anticipate deferring the transfer of
historical data until after the XBRL
system is launched. If the conversion of
historical data delays the development
of the new XBRL system, then the
Commission may decide to defer the
transfer of historical data until after the
launch of the XBRL system.
25. This proceeding will continue to
be open to all interested industry
members, vendors, and the public. The
Commission directs its staff to initiate
technical conference(s) and to lead the
transition effort and welcomes input
from all interested parties. The
Commission appreciates the assistance
and input that NAESB has provided to
date in facilitating meetings to discuss
the transition and sees value in
continuing to work with NAESB and its
members, as appropriate, to facilitate
interaction with filers and users about
the new XBRL system.
B. Regulatory Text Revisions
26. With the exception of Form No. 1–
F, current regulations already provide
for the filing of Form Nos. 1, 2, 2–A, 3–
Q electric, 3–Q natural gas, 6, 6–Q, 60,
and 714 in electronic format according
to the instructions for each form and
filing. The Commission sees no need for
further regulatory text changes
pertaining to these forms. Upon
completion of the technical conference
process, however, the Commission will
issue an order revising the filing format
instructions for the forms to accord with
the results of the technical
conference(s). These instructions will
cover only the format for making the
electronic flings and will not include
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any revisions to the substance of the
required filings, which the Commission
will make when necessary in
appropriate separate proceedings. By
this final rule, the Commission is
revising its regulations to require Form
No. 1–F filers to submit Form No. 1–F
in electronic format rather than filing an
original and copies of the form on
paper, as is currently required. The
Commission is therefore revising
§ 141.2(b)(1)(i) of the Commission’s
regulations 47 and Rule 2011 of its Rules
of Practice and Procedure 48 to require
Form No. 1–F filers to submit their
reports using electronic media as
prescribed in Rule 2011.
IV. Information Collection Statement
27. The collections of information for
this final rule are being submitted to
OMB for review under section 3507(d)
of the Paperwork Reduction Act
(PRA).49 The 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 require
approval of certain information
collection requirements imposed by
agency rules.50
28. The Commission solicited public
comments regarding the accuracy of the
burden estimates and any suggested
methods for minimizing respondents’
burden. Specifically, the Commission
asked that any revised burden or cost
estimates submitted by commenters be
supported by sufficient detail to
understand how the estimates are
generated. No comments were filed
raising any objection to the burden
estimates provided in the NOPR.
Accordingly, we will use that same
burden estimate in this final rule.
29. The revisions in this final rule
update the filing process for regulated
entities required to file Commission
Forms. The information collected in
Commission Forms is required to be
submitted to the Commission annually
or quarterly under existing regulations
and reporting requirements adopted
under the Federal Power Act (FPA), the
Natural Gas Act (NGA), the Interstate
Commerce Act (ICA), and the Public
Utility Holding Company Act of 2005
(PUHCA 2005). Commission Forms
would continue to be submitted to the
Commission under these existing
regulations and reporting requirements.
The new and amended regulations and
47 18
CFR 141.2(b)(1)(i).
CFR 385.2011.
49 44 U.S.C. 3507(d).
50 5 CFR 1320.11.
48 18
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reporting requirements adopted in this
final rule will require regulated entities
to furnish the information collected in
Commission Forms using tags in XBRLRelated Documents.51 The specified
financial and operational information
already is required to be collected and
filed with the Commission pursuant to
existing periodic and annual report
requirements. Under this final rule, the
information would need to be filed with
the Commission using XBRL. The
Commission anticipates that the
revisions to the filing process for
Commission Forms, once effective,
would reduce ongoing regulatory
burdens.52
30. The collections of information
related to this final rule include the
following Commission Forms. FERC
Form No. 1 (OMB Control No. 1902–
0021), FERC Form No. 2 (OMB Control
No. 1902–0028), and FERC Form No. 6
(OMB Control No. 1902–0022) prescribe
the information that major electric
utilities, licensees, and others; major
natural gas companies; and oil pipeline
companies, respectively, must disclose
annually about their finances and
operations. FERC Form No. 1–F (OMB
Control No. 1902–0029) and FERC Form
No. 2–A (OMB Control No. 1902–0030)
prescribe the information that nonmajor
electric utilities and licensees; and
nonmajor natural gas companies,
respectively, must disclose annually
about their finances and operations.
FERC Form No. 3–Q (OMB Control No.
1902–0205) prescribes information that
electric utilities, licensees, and natural
gas companies must disclose quarterly
about their finances and operations.
FERC Form No. 6–Q (OMB Control No.
1902–0206) prescribes information that
oil pipeline companies must disclose
quarterly about their finances and
operations. FERC Form No. 714 (OMB
Control No. 1902–0140) prescribes
information that certain electric
transmitting utilities operating
balancing authority areas or planning
areas are required to file annually. FERC
Form No. 60 (OMB Control No. 1902–
0215) prescribes information that
centralized service companies must
disclose annually about their finances
and operations.
31. The following estimates of
reporting burden are related only to this
51 XBRL-Related Documents for purposes of this
rulemaking encompass documents, code, and any
other file related to presenting information in XBRL
that are part of the filing submission.
52 Burden is the total time, effort, or financial
resources expended by persons to generate,
maintain, retain, or disclose or provide information
to or for a Federal agency. For further explanation
of what is included in the information collection
burden, refer to 5 CFR 1320.3.
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final rule and include the costs to
comply with the Commission’s
directives in this final rule. The
compliance burden estimates for the
revisions to the filing process for
Commission Forms are based on several
assumptions and unique assessments for
each form. However, all regulated
entities required to submit Commission
Forms would have to map the reporting
information to the Commission’s
standard XBRL taxonomy and create a
final submission file(s). We estimate
that filers would incur the following
average burden hours:
• XBRL Form Nos. 1, 1–F, 3–Q
electric, 2, 2–A, 3–Q natural gas, 6, and
6–Q 53
Æ Burden hours to tag in XBRL:
D 100 hours to prepare and submit the
first filing using XBRL; and
D 14 hours for each subsequent filing
in XBRL.
• Form No. 60
Æ Burden hours to tag in XBRL:
D 20 hours to prepare and submit the
first filing made in XBRL; and
D 3 hours for each subsequent filing.
• Form No. 714
Æ Burden hours to tag in XBRL:
30625
D 15 hours to prepare and submit the
first filing made in XBRL; and
D 2 hours for each subsequent filing.
32. Public Reporting Burden: The
Commission’s burden estimates are for a
one-time implementation of the
transition to XBRL adopted in this final
rule, and an ongoing estimate for
maintenance of the XBRL reporting
system. The following estimates of
reporting burden are related only to this
final rule and anticipate the costs to
filers for compliance with the final rule.
RM19–12–000 FINAL RULE
ONE-TIME IMPLEMENTATION BURDEN
Requirement
Form
Form
Form
Form
Form
Form
Form
Form
Form
Number of
respondents
Annual
number of
responses
per
respondent
Total
number of
responses
Average
burden &
cost per
response 54
Total annual
burden hours
& cost 55
Annual
cost per
respondent
($)
(1)
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
(5) ÷ (1)
100 hrs.; $6,931
100 hrs.; $6,931
No Change 56 ...
100 hrs.; $6,931
100 hrs.; $6,931
No Change .......
100 hrs.; $6,931
No Change .......
20 hrs.;
$1,386.20.
15 hrs.;
$1,039.65.
20,700 hrs.; $1,434,717
500 hrs.; $34,655 .........
No Change ...................
9,200 hrs.; $637,652 ....
7,300 hrs.; $505,963 ....
No Change ...................
24,400 hrs.; $1,691,164
No Change ...................
780 hrs.; $54,062 .........
$6,931.
$6,931.
No Change.
$6,931.
$6,931.
No Change.
$6,931.
No Change.
$1,386.20.
2,640 hrs.; $182,977 ....
$1,039.65.
...........................
65,520 hrs.; $4,541,190
No. 1 .............................
No.1–F ..........................
No. 3–Q electric ...........
No. 2 .............................
No. 2–A ........................
No. 3–Q natural gas .....
No. 6 .............................
No. 6–Q ........................
No. 60 ...........................
207
5
212
92
73
165
244
244
39
1
1
3
1
1
3
1
3
1
207
5
636
92
73
495
244
732
39
Form No. 714 .........................
176
1
176
........................
........................
57 836
Total for Implementation
Burden.
RM19–12–000 FINAL RULE
ANNUAL ONGOING SYSTEM MAINTENANCE BURDEN
Requirement
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Form
Form
Form
Form
Form
Form
Form
Form
Form
Number of
respondents
Annual
number of
responses
per
respondent
Total
number of
responses
Average
burden &
cost per
response 58
Total annual
burden hours
& cost 59
Annual
cost per
respondent
($)
(1)
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
(5) ÷ (1)
14 hrs.; $970.34
14 hrs.; $970.34
No Change .......
14 hrs.; $970.34
14 hrs.; $970.34
No Change .......
14 hrs.; $970.34
No Change .......
3 hrs.; $207.93
2,898 hrs.; $200,860 ....
70 hrs.; $4,852 .............
No Change ...................
1,288 hrs.; $89,271 ......
1,022 hrs.; $70,835 ......
No Change ...................
3,416 hrs.; $236,763 ....
No Change ...................
117 hrs.; $8,109 ...........
No. 1 .............................
No.1–F ..........................
No. 3–Q electric ...........
No. 2 .............................
No. 2–A ........................
No. 3–Q natural gas .....
No. 6 .............................
No. 6–Q ........................
No. 60 ...........................
207
5
212
92
73
165
244
244
39
53 The internal burden hours for tagging Form
Nos. 1 and 3–Q electric are combined because the
annual information reported in Form No. 1 is a
compilation of the information reported in the prior
three quarters in Form Nos. 3–Q electric in addition
to the fourth quarter. Similarly, we have combined
the number of internal burden hours for tagging the
Form Nos. 2 and 3–Q natural gas and the Form Nos.
6 and 6–Q, respectively, because the annual Form
Nos. 2 and 6 are based on a compilation of the
information reported in the prior three quarters in
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1
1
3
1
1
3
1
3
1
207
5
636
92
73
495
244
732
39
Form Nos. 3–Q natural gas and 6–Q in addition to
the fourth quarter.
54 The average burden and cost per response is
calculated using the hourly wage figures described
in detail below.
55 Every figure in this column is rounded to the
nearest dollar.
56 There is no change to the internal burden hours
for filing Form Nos. 3–Q electric, 3–Q natural gas,
and 6–Q because the burden hours associated with
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$970.34.
$970.34.
No Change.
$970.34.
$970.34.
No Change.
$970.34.
No Change.
$207.93.
these quarterly forms are included in the burden
hours calculated for filing Form Nos. 1, 2, and 6.
57 This total number of responses does not
include the responses for Form Nos. 3–Q electric,
3–Q natural gas, or 6–Q because the burden hours
for tagging Form Nos. 1, 2, and 6 include the
number of hours required to tag the quarterly
responses. The quarterly filings are generally a
subset of the annual filings.
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RM19–12–000 FINAL RULE—Continued
ANNUAL ONGOING SYSTEM MAINTENANCE BURDEN
Requirement
Number of
respondents
Annual
number of
responses
per
respondent
Total
number of
responses
Average
burden &
cost per
response 58
Total annual
burden hours
& cost 59
Annual
cost per
respondent
($)
(1)
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
(5) ÷ (1)
Form No. 714 .........................
176
1
176
Total for Ongoing Burden
........................
........................
60 836
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The Commission’s estimates for the
hourly wage figure (as related to the
implementation and ongoing burden
estimate) are based on the Bureau of
Labor Statistics data (for the Utilities
sector, at https://www.bls.gov/oes/
current/naics2_22.htm, plus benefits
information at https://www.bls.gov/
news.release/ecec.nr0.htm). The salaries
(plus benefits) for the eight occupational
categories are:
• Management (Occupation Code: 11–
0000): $94.28/hour
• Information Security Analysts
(Occupation Code: 15–1122): $60.90/
hour
• Legal (Occupation Code: 23–0000):
$143.68/hour
• Office and Administrative Support:
$41.34/hour
• Computer and Information Systems
Manager (Occupation Code: 11–3021):
$96.51
• Management Analyst (Occupation
Code: 13–1111): $63.32/hour
• Computer and Information Systems
Analyst (Occupation Code: 15–1120):
$66.47/hour
• Accountants and Auditors
(Occupation Code: 13–2011): $56.59/
hour
The average hourly cost for all eight
of these categories is calculated
assuming the following weights in
correspondence to effort applied by
each respective occupation:
• Management (Occupation Code: 11–
0000): 5%
• Information Security Analysts
(Occupation Code: 15–1122): 5%
• Legal (Occupation Code: 23–0000):
5%
58 The average burden and cost per response is
calculated using the hourly wage figures described
in detail below.
59 Every figure in this column is rounded to the
nearest dollar.
60 This total number of responses does not
include the responses for Form Nos. 3–Q electric,
3–Q natural gas, or 6–Q because the burden hours
for tagging Form Nos. 1, 2, and 6 include the
number of hours required to tag the quarterly
responses. The quarterly filings are generally a
subset of the annual filings.
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2 hrs.; $138.62
352 hrs.; $24,397 .........
...........................
9,163 hrs.; $635,087 ....
• Office and Administrative Support:
10%
• Computer and Information Systems
Manager (Occupation Code: 11–3021):
10%
• Management Analyst (Occupation
Code: 13–1111): 5%
• Computer and Information Systems
Analyst (Occupation Code: 15–1120):
35%
• Accountants and Auditors
(Occupation Code: 13–2011): 25%
Overall, the average hourly cost uses
the following calculation with all seven
occupations and their respective
weights included:
[($94.28/hour * 0.05) + ($60.90/hour *
0.05) + ($143.68/hour * 0.05) +
($41.34/hour * 0.1) + ($96.51/hour
* 0.1) + ($63.32/hour * 0.05) +
($66.47/hour * 0.35) + ($56.59/hour
* 0.25)] ÷ 8 = $69.31.
The number of responses related to
both the implementation and ongoing
burden is 836 responses.61
The implementation burden will be
65,520 hours for Year 1.
The ongoing burden in Years 2 and 3
will be 9,163 hours per year.
The responses and burden for Years
1–3 for both the implementation and
ongoing burden are as follows:
836 responses/year;
[(65,520 hours for Year 1) + (9,163 hours
for Year 2) + (9,163 hours for Year
3)] ÷ 3 years = 27,949 hours/year
(annual average for Years 1–3).
33. Out-of-pocket expenses: We
estimate that filers would incur the
following out-of-pocket expenses for
software, consulting, or filing agent
services in the Years 2 and 3 (following
the first year of implementation):
• XBRL Form Nos. 1, 1–F, 3–Q
electric, 2, 2–A, 3–Q natural gas, 6, and
6–Q:
61 This total number of responses does not
include the responses for Form Nos. 3–Q electric,
3–Q natural gas, or 6–Q because the burden hours
for tagging Form Nos. 1, 2, and 6 include the
number of hours required to tag the quarterly
responses. The quarterly filings are generally a
subset of the annual filings.
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$138.62.
Æ Out-of-pocket cost for software and
filing agent services: $4,912 for each
filing.
Æ Total out-of-pocket cost for
software and filing agent services per
year: (621 respondents) * ($4,912 for
each filing) = $3,050,352.
• Form No. 60:
Æ Out-of-pocket cost for software and
filing agent services: $982 for each
filing.
Æ Total out-of-pocket cost for
software and filing agent services per
year: (39 respondents) * ($982 for each
filing) = $38,298.
• Form No. 714
Æ Out-of-pocket cost for software and
filing agent services: $737 for each
filing.
Æ Total out-of-pocket cost for
software and filing agent services per
year: (176 respondents) * ($737 for each
filing) = $129,712.
34. Based on the number of filers we
expect to be subject to the requirements,
the number of filings that we expect
those filers to make and the burden
hours and out-of-pocket cost estimates
described, we estimate that in total for
all filers, the average yearly burden of
the requirements over the first three
years would be 27,949 internal hours
per year and $2,145,575 in out-of-pocket
expenses per year. This would be
incurred by an average of 836 filers for
an average yearly burden per filer of
33.4 internal hours and $2,566 in outof-pocket expenses over Years 1–3.
Titles: Form No. 1 (Annual Report of
Major Electric Utilities, Licensees and
Others); Form No. 1–F (Annual Report
for Nonmajor Public Utilities and
Licensees); Form No. 3–Q electric
(Quarterly Financial Report of Electric
Utilities, Licensees and Natural Gas
Companies); Form No. 2 (Annual Report
for Major Natural Gas Companies); Form
No. 2–A (Annual Report for Non-major
Natural Gas Companies); Form No. 3–Q
gas (Quarterly Financial Report of
Electric Utilities, Licensees and Natural
Gas Companies); Form No. 6 (Annual
Report of Oil Pipeline Companies);
Form No. 6–Q (Quarterly Financial
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Report of Oil Pipeline Companies);
Form No. 60 (Annual Reports of
Centralized Service Companies); Form
No. 714 (Annual Electric Balancing
Authority Area and Planning Area
Report).
Action: Revision of Currently
Approved Collections of Information.
OMB Control Nos.: 1902–0021 (Form
No. 1), 1902–0029 (Form No. 1–F),
1902–0028 (Form No. 2), 1902–0030
(Form No. 2–A), 1902–0205 (Form No.
3–Q), 1902–0022 (Form No. 6), 1902–
0206 (Form No. 6–Q), 1902–0215 (Form
No. 60), and 1902–0140 (Form No. 714).
Respondents: Public utilities,
licensees, interstate natural gas
companies, oil pipeline companies,
centralized service companies,
Balancing Authorities, or other for profit
and/or not for profit institutions.
Frequency of Responses: Annually or
quarterly.
Necessity of the Information: The
Commission requires that the
information collected in Form Nos. 1, 1–
F, 3–Q electric, 2, 2–A, 3–Q natural gas,
6, 6–Q, 60, and 714 be submitted in an
updated electronic format that is
compatible with current technology and
ensures access to the information
required to be collected.
Internal Review: The Commission has
reviewed the reporting requirements
related to Commission Forms and made
a determination that revising the filing
process for Commission Forms will
ensure the Commission has the
necessary data to carry out its statutory
mandates, while reducing unnecessary
burden on industry. The Commission
has assured itself, by means of its
internal review, that there is specific,
objective support for the burden
estimate associated with the information
requirements.
35. Interested persons may obtain
information on the reporting
requirements by contacting the
following: Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426 [Attention: Ellen
Brown, Office of the Executive Director,
email: DataClearance@ferc.gov, phone:
(202) 502–8663, fax: (202) 273–0873].
Please send comments concerning the
collection of information and the
associated burden estimates to the
Commission, and to the Office of
Management and Budget, Office of
Information and Regulatory Affairs, 725
17th Street NW, Washington, DC 20503
[Attention: Desk Officer for the Federal
Energy Regulatory Commission]. For
security reasons, comments to OMB
should be submitted by email to: oira_
submission@omb.eop.gov. Comments
submitted to OMB should include
Docket Number RM19–2–000 and any
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related information collection and its
respective OMB Control Number [Form
No. 1 (1902–0021), Form No. 1–F (1902–
0029), Form No. 2 (1902–0028), Form
No. 2–A (1902–0030), Form No. 3–Q
(1902–0205), Form No. 6 (1902–0022),
Form No. 6–Q (1902–0206), Form No.
60 (1902–0215), and Form No. 714
(1902–0140)].
V. Environmental Analysis
36. 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.62 The Commission has
categorically excluded certain actions
from this requirement as not having a
significant effect on the human
environment.63 The actions taken in this
final rule fall within the categorical
exclusions in the Commission’s
regulations for rules regarding
information gathering, analysis, and
dissemination.64 Accordingly, no
environmental assessment is necessary
and none has been prepared for this
rule.
VI. Regulatory Flexibility Act
37. The Regulatory Flexibility Act of
1980 (RFA) 65 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. The
Commission is not required to perform
this sort of analysis if the proposed
activities within the final rule would
not have such an effect.
38. Approximately 212 electric utility,
licensees, and other companies are
required to file the Form Nos. 1 and 3–
Q electric, or Form No. 1–F, and
therefore are subject to the requirements
adopted by this rule. Of those filers, the
Commission estimates approximately 40
will be small as defined by SBA
regulations.66 Approximately 244 oil
pipeline companies are required to file
the Form Nos. 6 and 6–Q, and therefore
are subject to the requirements of this
final rule. Of those oil pipeline filers,
the Commission estimates
approximately 23 percent will be small,
as currently defined for ‘‘All Other
Pipeline Transportation’’ companies
62 Regulations
Implementing the National
Environmental Policy Act of 1969, Order No. 486,
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
¶ 30,783 (1987) (cross-referenced at 41 FERC
¶ 61,284).
63 18 CFR 380.4.
64 18 CFR 380.4(a)(2)(ii) and 380.4(a)(5).
65 5 U.S.C. 601–12.
66 The small business size standards are provided
in 13 CFR 121.201. In 13 CFR 121.201, the SBA
uses the North American Industry Classification
System (NAICS) codes.
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Sfmt 4700
30627
(NAICS code 486990) as a company
that, in combination with its affiliates,
has total annual receipts of $37.5
million or less. Approximately 165
interstate natural gas pipelines are
required to file the Form Nos. 2 and 3–
Q natural gas, or Form No. 2–A, and
therefore are subject to the requirements
adopted by this rule. Most of the natural
gas pipelines regulated by the
Commission do not fall within the
RFA’s definition of a small entity,
which is currently defined for natural
gas pipelines (NAICS code 486210) as a
company that, in combination with its
affiliates, has total annual receipts of
$27.5 million or less. For the year 2018,
eleven companies not affiliated with
larger companies had annual revenues
in combination with its affiliates of
$27.5 million or less and therefore could
be considered a small entity under the
RFA. This represents about seven
percent of the total potential
respondents that may have a significant
burden imposed on them.
39. Approximately 39 holding
companies currently file Form No. 60.
Commission staff estimates that these
companies are not likely to fall within
the RFA’s definition of small 67 because
holding companies of public utilities or
natural gas pipelines are generally not
small businesses. Finally, there are
approximately 176 balancing authorities
(NAICS code 221121) that are required
to file Form No. 714. Of those balancing
authorities, 33 percent (or
approximately 58) are estimated to fall
within the RFA’s definition of small.
40. Accordingly, the Commission
finds that the revised requirements set
forth in this final rule will not have a
significant economic impact on a
substantial number of small entities,
and no regulatory flexibility analysis is
required.
VII. Document Availability
41. 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
FERC’s Home Page (https://www.ferc.gov)
67 5 U.S.C. 601(3) (citing to section 3 of the Small
Business Act, 15 U.S.C. 632). Section 3 of the Small
Business Act defines a ‘‘small business concern’’ as
a business that is independently owned and
operated and that is not dominant in its field of
operation. 15 U.S.C. 632. The Small Business Size
Standards component of the NAICS defines, for
example, a small electric utility as one that,
including its affiliates, is primarily engaged in the
generation, transmission, and/or distribution of
electric energy for sale and whose quantity of
employees falls under a certain threshold
dependent on the type of utility and its applicable
NAICS code.
E:\FR\FM\27JNR1.SGM
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Federal Register / Vol. 84, No. 124 / Thursday, June 27, 2019 / Rules and Regulations
and in FERC’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.
42. From FERC’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.
43. User assistance is available for
eLibrary and the FERC’s website 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.
VIII. Effective Date and Congressional
Notification
44. These regulations are effective
August 26, 2019. Pursuant to the
Congressional Review Act (5 U.S.C. 801
et seq.), the Office of Information and
Regulatory Affairs has designated this
rule as not a ‘‘major rule,’’ as defined by
5 U.S.C. 804(2).
List of Subjects
Electric power, Reporting and
recordkeeping requirements.
18 CFR Part 385
Administrative practice and
procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping
requirements.
By the Commission.
Issued: June 20, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
1. The authority citation for part 141
continues to read as follows:
■
Authority: 15 U.S.C. 79; 15 U.S.C. 717–
717z; 16 U.S.C. 791a–828c, 2601–2645; 31
U.S.C. 9701; 42 U.S.C. 7101–7352.2.
2. Amend § 141.2 by revising
paragraph (b)(1)(i) to read as follows:
■
Jkt 247001
The Environmental Protection
Agency (EPA) is approving a March 6,
2018 request by the Indiana Department
of Environmental Management (IDEM)
to revise its State Implementation Plan
(SIP) for the United States Steel-Gary
Works coke plant. The submission
involves the removal of sulfur dioxide
(SO2) emission limitations for the coke
plant at the United States Steel-Gary
Works (US Steel-Gary Works). The coke
plant permanently ceased operation on
March 30, 2015. The submission also
contains several other administrative
changes. The notice of proposed
rulemaking (NPRM) associated with this
final action was published on February
13, 2019. EPA received several
comments.
SUMMARY:
This final rule is effective on July
29, 2019.
PART 385—RULES OF PRACTICE AND
PROCEDURE
DATES:
3. The authority citation for part 385
continues to read as follows:
ADDRESSES:
■
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717w, 3301–3432; 16 U.S.C. 791a–825v,
2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701,
9701; 42 U.S.C. 7101–7352, 16441, 16451–
16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
(1988); 28 U.S.C. 2461 note (1990); 28 U.S.C.
2461 note (2015).
4. Amend § 385.2011 by adding
paragraph (a)(8) and revising paragraph
(c)(3) to read as follows:
■
§ 385.2011 Procedures for filing on
electronic media (Rule 2011).
*
*
*
*
(a) * * *
(8) FERC Form No. 1–F, Annual
report for Nonmajor public utilities and
licensees.
*
*
*
*
*
(c) * * *
(3) With the exception of the FERC
Form Nos. 1, 1–F, 2, 2–A, 6, 60, and
714, the electronic media must be
accompanied by the traditional
prescribed number of paper copies.
*
*
*
*
*
BILLING CODE 6717–01–P
PART 141—STATEMENTS and
REPORTS (SCHEDULES)
jspears on DSK30JT082PROD with RULES
*
*
*
*
(b) * * *
(1) * * *
(i) Generally. Each Nonmajor and
each Nonoperating (formerly designated
as Nonmajor) public utility and licensee
as defined in Part 101 of this chapter,
shall prepare and file with the
Commission FERC Form No. 1–F as
prescribed in § 385.2011 of this chapter
and as indicated in the General
Instructions set out in this form, and
must be properly completed and
verified. Filing on electronic media
pursuant to § 385.2011 of this chapter is
required.
*
*
*
*
*
[FR Doc. 2019–13588 Filed 6–26–19; 8:45 am]
In consideration of the foregoing, the
Commission amends parts 141 and 385
of chapter I, title 18 of the Code of
Federal Regulations, as follows.
17:21 Jun 26, 2019
*
*
18 CFR Part 141
VerDate Sep<11>2014
§ 141.2 FERC Form No. 1–F, Annual report
for Nonmajor public utilities and licensees.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0126; FRL–9995–67–
Region 5]
Air Plan Approval; Indiana; SO2
Emission Limitations for United States
Steel-Gary Works
Environmental Protection
Agency (EPA)
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0126. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Emily
Crispell, Environmental Scientist, at
(312) 353–8512 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Emily Crispell, Environmental Scientist,
Control Strategies Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8512, crispell.emily@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. Public Comments and EPA Responses
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
E:\FR\FM\27JNR1.SGM
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[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Rules and Regulations]
[Pages 30620-30628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13588]
=======================================================================
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 141 and 385
[Docket No. RM19-12-000; Order No. 859]
Revisions to the Filing Process for Commission Forms
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is adopting eXtensible Business Reporting
Language (XBRL) as the standard for filing the Commission Form Nos. 1,
1-F, 2, 2-A, 3-Q electric, 3-Q natural gas, 6, 6-Q, 60, and 714. The
use of XBRL will make the information in these forms easier for filers
to submit and data users to analyze, and assist in automating
regulatory filings. The Commission believes that transitioning from the
current Visual FoxPro system to XBRL will decrease the costs, over
time, of preparing the necessary data for submission and complying with
future changes to filing requirements set forth by the Commission. In
addition, the Commission is revising its regulations to require filers
of Form No. 1-F to file their report in electronic media.
DATES: This rule is effective August 26, 2019.
FOR FURTHER INFORMATION CONTACT: Robert Hudson (Technical Information),
Office of Enforcement, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426, (202) 502-6620,
[email protected]. Michael Chase, Office of General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, (202) 502-6205, [email protected].
Paragraph
numbers
I. Background............................................... 2
II. Notice of Proposed Rulemaking........................... 3
III. Discussion............................................. 4
A. Process for Implementing the XBRL-Based Solution..... 7
1. Timeline and Structure........................... 7
2. XBRL Taxonomy.................................... 18
B. Regulatory Text Revisions............................ 26
IV. Information Collection Statement........................ 27
V. Environmental Analysis................................... 36
VI. Regulatory Flexibility Act.............................. 37
VII. Document Availability.................................. 41
VIII. Effective Date and Congressional Notification......... 44
1. The Commission is adopting eXtensible Business Reporting
Language (XBRL) as the standard for filing the Commission's Form Nos.
1, 1-F, 2, 2-A, 3-Q electric, 3-Q natural gas, 6, 6-Q, 60, and 714 (VFP
Forms or Commission Forms). The Commission concludes that adoption of
XBRL will make the information in these forms easier for filers to
submit and data users to analyze, and assist in automating regulatory
filings. The use of XBRL also will increase efficiency and decrease the
costs, over time, of preparing the necessary data for submission and
complying with future changes to filing requirements set forth by the
Commission. In addition, the Commission is revising its regulations to
require Form No. 1-F filers to file their report in electronic media
pursuant to 18 CFR 385.2011.
I. Background
2. Under the Commission's regulations, certain entities are
required to report information to the Commission by filing one or more
forms.\1\ Currently, this information is transmitted to the Commission
using a Commission-distributed software application called Visual
FoxPro (VFP). Each entity is required to gather its relevant financial
and other data and enter the data into VFP on its own computer system.
The entity then uses the VFP software to transmit the information to
the Commission. Microsoft Corporation, the developer of the VFP
software, no longer supports this application. As a result, on April
25, 2015, the Commission issued an order announcing its intention to
replace the current VFP filing format for the VFP Forms with an
eXtensible Markup Language (XML)-based filing format.\2\ In the April
2015 Order, the Commission stated that XML is the current industry
standard for the submission of electronic data. In support of this
proposed change, the Commission stated that the XML data format has
significant advantages over other approaches because it is non-
proprietary and would establish a single standard for nearly all
Commission forms, while also providing consistency with the
Commission's current electronic tariff (eTariff) filings and the
Electric Quarterly Report (EQR) systems.\3\ In the April 2015 Order,
the Commission directed Commission staff to seek the assistance of the
North American Energy Standards Board (NAESB) \4\ in the process of
developing standards for the submission of the VFP Forms to the
Commission.\5\ NAESB facilitated 18 meetings to discuss the
transitioning of the forms to the XML process. In addition to these
meetings, Commission staff analyzed different methods for
[[Page 30621]]
collecting forms information with other federal agencies.
---------------------------------------------------------------------------
\1\ See 18 CFR 141.1 (requiring annual filing of FERC Form No.
1, Annual report of Major electric utilities, licensees and others);
18 CFR 141.2 (requiring annual filing of FERC Form No. 1-F, Annual
report for Nonmajor public utilities and licensees); 18 CFR 260.1
(requiring annual filing of FERC Form No. 2, Annual report for Major
natural gas companies); 18 CFR 260.2 (requiring annual filing of
FERC Form No. 2-A, Annual report for Nonmajor natural gas
companies); 18 CFR 141.400 and 18 CFR 260.300 (requiring quarterly
filing of FERC Form No. 3-Q, Quarterly financial report of electric
utilities, licensees, and natural gas companies); 18 CFR 357.2
(requiring annual filing of FERC Form No. 6, Annual Report of Oil
Pipeline Companies); 18 CFR 357.4 (requiring quarterly filing of
FERC Form No. 6-Q, Quarterly report of oil pipeline companies); 18
CFR 141.51 (requiring annual filing of FERC Form No. 714, Annual
Electric Balancing Authority Area and Planning Area Report); and 18
CFR 366.23 and 18 CFR 369.1 (requiring annual filing of FERC Form
No. 60, Annual reports of centralized service companies).
\2\ Electronic Filing Protocols for Commission Forms, 151 FERC ]
61,025 (2015) (April 2015 Order).
\3\ Id. P 5.
\4\ NAESB serves as a forum for the development and promotion of
standards for the wholesale and retail natural gas and electric
industries. In response to the Commission's request on this matter,
NAESB performed specific outreach to the oil pipeline industry to
include participation from that sector.
\5\ April 2015 Order, 151 FERC ] 61,025 at P 10.
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II. Notice of Proposed Rulemaking
3. On January 17, 2019, the Commission issued a Notice of Proposed
Rulemaking in this proceeding, proposing to adopt XBRL as the standard
for filing Commission Forms.\6\ The Commission stated that the XBRL
standard includes all the advantages of the XML format, such as its
non-proprietary nature, its efficient sharing of data across different
information systems, and its ability to include identified proprietary
formats (e.g., PDF, Microsoft Word, etc.), while also structuring the
data with tags that utilize standard taxonomies to capture the inherent
characteristics of the information as well as the value of the data.\7\
The Commission noted that the XBRL standard is required for filing
forms by a number of other federal agencies, including the U.S.
Securities and Exchange Commission, the Department of Energy, and the
Federal Financial Institutions Examination Council.\8\ The Commission
stated that XBRL is an international standard that enables the
reporting of comprehensive, consistent, interoperable data that allows
industry and other data users to automate submission, extraction, and
analysis.\9\ The Commission also stated that the use of XBRL would
facilitate the implementation of changes to its reporting requirements
by enabling future changes without the need for costly development
procedures.\10\ The Commission sought comment generally on the proposed
transition from VFP to XBRL and specifically on the time period of
historical VFP Form data that should be converted by the Commission to
XBRL upon launch of the new XBRL system.\11\
---------------------------------------------------------------------------
\6\ Revisions to the Filing Process for Commission Forms, Notice
of Proposed Rulemaking, 166 FERC ] 61,027 (2019) (NOPR).
\7\ Id. P 8.
\8\ Id. P 9 & n.12.
\9\ Id. P 9.
\10\ Id. P 15.
\11\ Id. P 20.
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III. Discussion
4. Nine commenters \12\ filed comments in response to the NOPR,
broadly supporting the use of XBRL to replace the current software for
filing Commission Forms. The commenters generally agree that using XBRL
to file Commission Forms would be superior to the current VFP-based
filing format or a customized XML-based format. No commenters provided
any alternative to XBRL or opposed the Commission's proposal to replace
VFP with XBRL as the standard for submitting Commission Forms. Based on
the need to transition to a new filing format and the comments received
in response to the NOPR, the Commission will adopt the XBRL standard
for filing Commission Form Nos. 1, 1-F, 2, 2-A, 3-Q electric, 3-Q
natural gas, 6, 6-Q, 60, and 714.
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\12\ American Gas Association (AGA); the Association of Oil Pipe
Lines (AOPL); Donnelly Financial Solutions; the Edison Electric
Institute (EEI); Interstate Natural Gas Association of America
(INGAA); National Grid USA (National Grid); Systrends USA;
Washington Utilities and Transportation Commission (WUTC); and XBRL
US, Inc. (XBRL US). In addition, the Midcontinent Independent System
Operator, Inc. filed a motion to intervene in this proceeding.
---------------------------------------------------------------------------
5. The Commission intends to make the data from the XBRL filings
available to the public, as it does now for the VFP-filed Commission
Forms, and provide a system that will allow for easier downloading of
the data. The Commission will convert the XBRL data to a human-readable
form for each company, similar to how the VFP Forms are currently
published in the Commission's eLibrary system. The Commission also will
create a database that parties can use to search the forms data and
download the information.
6. The Commission intends to proceed with the development and
implementation of the XBRL standard using the following process. After
publication of this final rule, the Commission will make available a
draft of the XBRL taxonomy and other related documents. After public
release of these items, Commission staff will convene technical
conference(s) to discuss the taxonomy and other related documents, any
technical concerns, and any issues related to the transition, including
the implementation schedule. At the conclusion of the technical
conference(s), the Commission will continue to collect comments.
Following review of those comments, the Commission will issue an order
adopting the final taxonomy, protocols, and an implementation guide,
and establishing an implementation schedule. Industry participants will
be afforded reasonable time to develop their software and the
Commission will make available a platform for the testing of the
filers' submissions.
A. Process for Implementing the XBRL-Based Solution
1. Timeline and Structure
a. Comments
7. In providing support for the Commission's proposed use of XBRL
for filing Commission Forms, the commenters raise issues for Commission
consideration to ensure a smooth transition from VFP to XBRL, including
recommendations for the timing of implementing XBRL as the standard and
how much historical data the Commission should initially make available
upon conversion to XBRL. In its comments, National Grid recommends that
the Commission set at least one technical conference to obtain
stakeholder input on any revisions that should be made to the
Commission's XBRL software.\13\ AOPL requests that the implementation
schedule allow time for sufficient technical conferences to ensure
issues are adequately vetted and addressed.\14\
---------------------------------------------------------------------------
\13\ National Grid Comments at 6.
\14\ AOPL Comments at 4.
---------------------------------------------------------------------------
8. AGA recommends that the Commission develop a compliance timeline
and structure that are not burdensome to either filers or reviewers of
the filings.\15\ AGA notes the Commission should provide sufficient
time for software evaluation, development, contracting, implementation,
and testing. EEI encourages the Commission to ensure that adequate time
and resources are dedicated to implementing the new XBRL-based
Commission Forms filing process and notes that the initial reporting
period should afford some flexibility to account for unanticipated
technical issues that may arise, including the ability to continue to
use VFP, if necessary, and a willingness to provide extensions of time
in case of unanticipated technical challenges.\16\ EEI states that this
accommodation is needed because the NOPR does not contemplate a gradual
phase-in of the XBRL system.\17\
---------------------------------------------------------------------------
\15\ AGA Comments at 2.
\16\ EEI Comments at 4-5.
\17\ Id. at 5.
---------------------------------------------------------------------------
9. National Grid urges the Commission to take expedited action to
develop the XBRL system to minimize the use of the legacy VFP
system.\18\ National Grid also recommends that the Commission implement
a one-year safe harbor period to allow filing entities to use the
legacy VFP software if problems are encountered with adopting the new
format.\19\
---------------------------------------------------------------------------
\18\ National Grid Comments at 3.
\19\ Id. at 4.
---------------------------------------------------------------------------
10. EEI requests that the Commission provide a minimum of 18 months
from the final rule for the industry to develop and implement the new
software.\20\ AGA recommends that the Commission adopt a two- to three-
year XBRL transition period, while also permitting early implementation
for companies that can implement the XBRL system in
[[Page 30622]]
less time.\21\ To aid the XBRL transition, AGA suggests that a
``staggered approach'' could be adopted in place of, or in addition to,
a delayed mandate with early adoption process. Specifically, AGA
proposes that the Commission select a date for pipelines to file their
Form No. 2-As in the required XBRL filing format that falls after the
date that the Form No. 2 filers are required to make their filings. AGA
suggests that this staggered approach would allow the XBRL software
vendors and service providers to better allocate resources to support
the XBRL implementation for all companies.\22\ As an alternative to the
two- to three-year extension of the compliance deadline, AGA suggests
that the Commission establish a formal grace period, possibly for 30
days, for all filings requiring the XBRL filing format during a two-
year phase-in period.\23\ In addition, AGA recommends that the
Commission not require interested entities to use special software to
access and view the filed financial data, rather suggesting that
information filed with the Commission be accessible and readable. AGA
states that interested persons should have the ability to download the
information in PDF form or via other common electronic means.
---------------------------------------------------------------------------
\20\ EEI Comments at 4-5.
\21\ AGA Comments at 5.
\22\ Id.
\23\ Id. at 5-6.
---------------------------------------------------------------------------
11. Some commenters request that the Commission implement a testing
period for the new XBRL standard. For example, AOPL states it
anticipates its members will want opportunities to participate in a
testing interface with the new XBRL filing method in advance of
implementation.\24\ Similarly, EEI asks that the Commission provide
filers with the opportunity to participate in testing the revisions to
the filing process and the XBRL system itself, in advance of the
technical conference(s), by providing as much additional information as
possible to participants regarding its proposal to allow a more
granular understanding of the XBRL process and system.\25\ XBRL US
recommends that that the Commission provide guidance and training to
filers.\26\
---------------------------------------------------------------------------
\24\ AOPL Comments at 4.
\25\ EEI Comments at 4.
\26\ XBRL US Comments at 5-6.
---------------------------------------------------------------------------
12. AGA cautions the Commission that its members will not only need
to determine how to comply with any new requirements, if applicable,
but also potentially need to review the forms filed by the interstate
pipelines from which the utilities receive service to ensure that the
XBRL versions are accurate and consistent with historical data. AGA
requests that the Commission afford customers and interested persons
sufficient opportunity to review the filings, determine whether any
substantive changes have been made, and raise concerns.\27\ AGA
requests that the Commission not make any determination in this
proceeding that would limit the ability of companies to use the
Commission's forms for state compliance purposes. AGA notes that
various state commissions have either adopted the forms for their own
purposes or permit entities to file information at the state level
consistent with the Commission's forms and methods to comply with state
requirements.\28\
---------------------------------------------------------------------------
\27\ AGA Comments at 5.
\28\ Id. at 7.
---------------------------------------------------------------------------
b. Commission Determination
13. As stated above, after publication of this final rule, the
Commission will release a draft XBRL taxonomy and other related
documents.\29\ Following the release of the draft taxonomy, the
Commission will convene staff-led technical conference(s) to enable
interested industry members, vendors, and the public to discuss and
propose revisions to the draft taxonomy, along with other important
components of the XBRL system. In response to comments by AGA, National
Grid, AOPL, and EEI, the technical conference(s) will serve as the
forum to discuss any issues related to the transition, including the
implementation schedule, the idiosyncrasies of specific forms, how
footnotes will be programmed, and how ``cellnotes'' will be treated in
the conversion of historical VFP Form data. The Commission intends to
provide a reasonable amount of time for issues to be vetted and
addressed in the technical conference(s). At the conclusion of the
technical conference process, the Commission will continue to solicit
comments and, after reviewing those comments, the Commission will issue
an order adopting the final taxonomy, protocols, implementation guide
and other documents, and establishing an implementation schedule.
---------------------------------------------------------------------------
\29\ As explained in the NOPR, the use of XBRL results in the
creation of a taxonomy. Taxonomies are files containing relevant
business terminology, their meanings, their data types,
relationships among terms, and the rules or formulas that files for
submission must follow. NOPR, 166 FERC ] 61,027 at P 14. Taxonomies
are not permanent documents, but rather are code that describes
elements that can be used in other programs and software. The
taxonomy contains all the information needed to create a form
submission.
---------------------------------------------------------------------------
14. In response to comments by EEI and AGA concerning the
compliance timeline and structure, the Commission plans to allow a
reasonable period of time following the technical conference process
for software evaluation, development, implementation and testing, while
also attempting to minimize the burden on filers and reviewers of the
filings, to the extent possible. However, as explained in the NOPR,
because Microsoft Corporation no longer supports VFP, and its continued
use has resulted in compatibility and maintenance difficulties for the
Commission and some filers, the Commission will strive to fully
transition to XBRL and retire VFP as soon as practicable. Given the
importance of ensuring that the data collected through Commission Forms
is uniform and available in the same format at the same time, we do not
anticipate that a one-year safe harbor period to continue allowing
filers to use the VFP software after the new XBRL system is
implemented, as suggested by National Grid, will be warranted.
Moreover, contrary to EEI's suggestion, we do not anticipate allowing
the continued use of VFP after the implementation of XBRL. Following
discussions at the technical conference(s), including about the
implementation date for XBRL, the Commission will issue an order with
the final implementation schedule and process. To the extent a filer
encounters technical difficulties in filing Commission Forms using the
new XBRL system after deployment, that filer will be free to seek an
extension of time for compliance.
15. In addition, as requested by AGA, AOPL, and EEI, the Commission
plans to provide an opportunity for interested industry members to test
a version of the XBRL system before implementing the new XBRL system.
The technical conference(s) will be open to the public and the
Commission encourages all interested entities, including vendors, to
participate in the upcoming technical conference(s) and to test the
system. We reiterate that in this proceeding we are not changing the
information to be collected in Commission Forms. All information
currently collected in Commission Forms will continue to be collected;
however, where it will be collected and how it will be validated and
displayed will change through the adoption of the XBRL system.\30\ We
will
[[Page 30623]]
not require the use of special software to access the data and we will
ensure there is the ability to download the information in a human-
readable form, as suggested by AGA.
---------------------------------------------------------------------------
\30\ As stated in the NOPR, the proposed XBRL-based FERC Form
Nos. 1, 1-F, and 3-Q electric will incorporate energy storage-
related data which the Commission required be submitted under Order
No. 784, but had not been included in the VFP Forms due to the
technical limitations of VFP addressed with this final rule. See
Third-Party Provision of Ancillary Services; Accounting and
Financial Reporting for New Electric Storage Technologies, Order No.
784, 144 FERC ] 61,056 (2013). See also Accounting and Reporting
Guidance for New Electric Storage Technologies, Docket No. AI14-1-
000, at 1-2 (Feb. 20, 2014). Other similar changes made to the data
to be collected and reported in Commission Forms that have been
previously approved by the Commission but that could not be reported
due to the limitations of VFP, if any, will be included among the
data collected using the new XBRL system.
---------------------------------------------------------------------------
16. While recognizing XBRL US's recommendation that the Commission
provide guidance and training to filers, the Commission will provide
guidance on how to use the new XBRL-based filing system through
documentation, but the Commission does not anticipate that it will
itself provide training on the new system. Any guidance documents will
be published online and made available in draft form for review before
final publication.
17. When the Commission receives the forms in XBRL format, it will
make those forms available in a human-readable version, similar to how
they are currently published in the Commission's eLibrary system.
Therefore, an entity interested in reviewing forms after they have been
submitted in XBRL will be able to do so. As a result, the Commission
does not believe, contrary to AGA's request for additional time to
review Commission Form submissions, that conversion to XBRL warrants
more time to review these filings because the current proceeding is not
changing the information collected in Commission Forms.
2. XBRL Taxonomy
a. Comments
18. Most commenters emphasize their need for a comprehensive review
of the proposed XBRL taxonomy prior to any technical conference(s).
INGAA states it is crucial for the Commission to ensure adequate
transition time once the taxonomy is finalized.\31\ EEI states it
prefers that the taxonomy and mapping be predetermined for each form,
noting that the current format of each form should dictate the common
taxonomy and mapping for that form and that the footnotes to the
financial statements also should be filed as a single block of
text.\32\ AOPL suggests that the Commission develop a taxonomy that has
all necessary customization to accommodate the unique requirements of
the respective forms, including the Form Nos. 6 and 6-Q filed by oil
pipelines.\33\ AOPL also states its members will be interested during
the technical conferences in understanding how the draft taxonomy
addresses tagging within footnotes and the ability to use ``cellnotes''
in Form Nos. 6 and 6-Q, and how they will be treated in the
Commission's conversion of historical VFP Form data to XBRL.\34\ AOPL
suggests that the Commission consider development of document and/or
workbook templates that track the display of the existing Form Nos. 6
and 6-Q for ease of reviewing form submissions and to help lessen the
burden of XBRL implementation.\35\ Systrends USA requests that the
Commission provide a submission portal so that third-party software can
transfer the completed Commission Forms directly from an application to
the Commission, similar to the end-user submission portal designed for
EQR that uses a web service to upload the document.\36\
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\31\ INGAA Comments at 2.
\32\ EEI Comments at 3.
\33\ AOPL Comments at 3.
\34\ Id. at 3-4.
\35\ Id. at 4.
\36\ Systrends USA Comments at 1.
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19. WUTC states that the Commission should be the leader in
establishing a regulatory taxonomy, and suggests that development of
any draft taxonomy be conducted in concert with the states and the
National Association of Regulatory Utility Commissioners (NARUC), and
include the capacity for state-specific data along with Commission-
based interstate operational and financial data.\37\ According to WUTC,
without a Commission-developed taxonomy that incorporates state
requirements, the states would be required to recreate new taxonomies
which would not necessarily be readable by other state agencies.\38\
---------------------------------------------------------------------------
\37\ WUTC Comments at 2-3.
\38\ Id. at 2-3.
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20. As to how much historical data should be converted to the new
system to coincide with the launch, INGAA supports the NOPR's proposal
to incorporate the prior three years of VFP Form data from the current
VFP system.\39\ By contrast, EEI suggests that the transfer of
historical data should be deferred entirely until after the successful
launch of the XBRL system.\40\
---------------------------------------------------------------------------
\39\ INGAA Comments at 2.
\40\ EEI Comments at 6.
---------------------------------------------------------------------------
21. With respect to the involvement of NAESB in the technical
conference(s), INGAA supports the idea that NAESB be involved with the
staff-led technical conference, as this will allow all interested
industry members to discuss and propose revisions to the Commission's
draft taxonomy in consultation with NAESB. INGAA notes that NAESB's
involvement will also provide interested industry members with an
opportunity to propose revisions to the Commission's draft taxonomy
before it is finalized.\41\ However, EEI notes that, to the extent
staff-led technical conference(s), or any other aspects of the
implementation of XBRL are hosted or otherwise coordinated by NAESB,
they should not be limited to NAESB members, nor should participants be
required to pay fees to NAESB, in order to have input or the ability to
vote on any proposals.\42\ EEI states that this will ensure that all
stakeholders impacted by the proposal will have the opportunity to
participate and provide comment on any proposal.\43\
---------------------------------------------------------------------------
\41\ INGAA Comments at 2.
\42\ EEI Comments at 3-4.
\43\ Id.
---------------------------------------------------------------------------
b. Commission Determination
22. The Commission plans to address all technical details of the
XBRL system in its draft taxonomy and other documents released prior to
the technical conference(s) to encourage input and discussion on their
components and implementation. Accordingly, we find Systrends USA's
comments requesting a submission portal \44\ and XBRL US's
recommendation to use automated validation rules and implement a
process to conduct public reviews of new taxonomy releases \45\ to be
premature. If necessary, the Commission will address technical topics
such as these during the technical conference(s). Future changes to the
taxonomy and related code can be made under the Secretary of the
Commission's delegated authority to make such changes.\46\ Before the
Commission implements any such changes, notice of the proposed change
will be provided sufficiently in advance to notify companies and
provide them time to comply with the changes to the taxonomy and
related code.
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\44\ Systrends USA Comments at 1.
\45\ XBRL US Comments at 5-6.
\46\ In particular, Sec. 375.302(z) of the Commission's
regulations authorizes the Secretary of the Commission or designee
to ``[i]ssue instructions pertaining to allowable electronic file
and document formats . . . and procedural guidelines for submissions
via the internet, on electric media, or via other electronic
means.'' 18 CFR 375.302(z).
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23. Regarding WUTC's suggestion that the development of any draft
taxonomy be conducted in concert with state commissions and NARUC, the
Commission encourages state utility commissions to participate in the
technical conference(s). With respect to
[[Page 30624]]
WUTC's suggestion that the Commission's taxonomy incorporate state
requirements, we do not plan to incorporate state requirements into the
Commission-developed taxonomy. Incorporating a diverse array of state
requirements into the Commission's taxonomy would lead to potential
challenges and delays in implementing and maintaining the new system.
However, XBRL is extensible in nature and filings can be created to
meet particular state commission requirements without affecting the
Commission's requirements. Furthermore, because the Commission is not
revising the substance of the required filings, it does not need to
take into account state compliance purposes in this proceeding, as
suggested by AGA.
24. With regard to converting historical data, the new XBRL system
and the conversion of historical data to XBRL will be developed
concurrently. Therefore, at this time, contrary to EEI's suggestion,
the Commission does not anticipate deferring the transfer of historical
data until after the XBRL system is launched. If the conversion of
historical data delays the development of the new XBRL system, then the
Commission may decide to defer the transfer of historical data until
after the launch of the XBRL system.
25. This proceeding will continue to be open to all interested
industry members, vendors, and the public. The Commission directs its
staff to initiate technical conference(s) and to lead the transition
effort and welcomes input from all interested parties. The Commission
appreciates the assistance and input that NAESB has provided to date in
facilitating meetings to discuss the transition and sees value in
continuing to work with NAESB and its members, as appropriate, to
facilitate interaction with filers and users about the new XBRL system.
B. Regulatory Text Revisions
26. With the exception of Form No. 1-F, current regulations already
provide for the filing of Form Nos. 1, 2, 2-A, 3-Q electric, 3-Q
natural gas, 6, 6-Q, 60, and 714 in electronic format according to the
instructions for each form and filing. The Commission sees no need for
further regulatory text changes pertaining to these forms. Upon
completion of the technical conference process, however, the Commission
will issue an order revising the filing format instructions for the
forms to accord with the results of the technical conference(s). These
instructions will cover only the format for making the electronic
flings and will not include any revisions to the substance of the
required filings, which the Commission will make when necessary in
appropriate separate proceedings. By this final rule, the Commission is
revising its regulations to require Form No. 1-F filers to submit Form
No. 1-F in electronic format rather than filing an original and copies
of the form on paper, as is currently required. The Commission is
therefore revising Sec. 141.2(b)(1)(i) of the Commission's regulations
\47\ and Rule 2011 of its Rules of Practice and Procedure \48\ to
require Form No. 1-F filers to submit their reports using electronic
media as prescribed in Rule 2011.
---------------------------------------------------------------------------
\47\ 18 CFR 141.2(b)(1)(i).
\48\ 18 CFR 385.2011.
---------------------------------------------------------------------------
IV. Information Collection Statement
27. The collections of information for this final rule are being
submitted to OMB for review under section 3507(d) of the Paperwork
Reduction Act (PRA).\49\ The 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
require approval of certain information collection requirements imposed
by agency rules.\50\
---------------------------------------------------------------------------
\49\ 44 U.S.C. 3507(d).
\50\ 5 CFR 1320.11.
---------------------------------------------------------------------------
28. The Commission solicited public comments regarding the accuracy
of the burden estimates and any suggested methods for minimizing
respondents' burden. Specifically, the Commission asked that any
revised burden or cost estimates submitted by commenters be supported
by sufficient detail to understand how the estimates are generated. No
comments were filed raising any objection to the burden estimates
provided in the NOPR. Accordingly, we will use that same burden
estimate in this final rule.
29. The revisions in this final rule update the filing process for
regulated entities required to file Commission Forms. The information
collected in Commission Forms is required to be submitted to the
Commission annually or quarterly under existing regulations and
reporting requirements adopted under the Federal Power Act (FPA), the
Natural Gas Act (NGA), the Interstate Commerce Act (ICA), and the
Public Utility Holding Company Act of 2005 (PUHCA 2005). Commission
Forms would continue to be submitted to the Commission under these
existing regulations and reporting requirements. The new and amended
regulations and reporting requirements adopted in this final rule will
require regulated entities to furnish the information collected in
Commission Forms using tags in XBRL-Related Documents.\51\ The
specified financial and operational information already is required to
be collected and filed with the Commission pursuant to existing
periodic and annual report requirements. Under this final rule, the
information would need to be filed with the Commission using XBRL. The
Commission anticipates that the revisions to the filing process for
Commission Forms, once effective, would reduce ongoing regulatory
burdens.\52\
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\51\ XBRL-Related Documents for purposes of this rulemaking
encompass documents, code, and any other file related to presenting
information in XBRL that are part of the filing submission.
\52\ Burden is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to 5 CFR 1320.3.
---------------------------------------------------------------------------
30. The collections of information related to this final rule
include the following Commission Forms. FERC Form No. 1 (OMB Control
No. 1902-0021), FERC Form No. 2 (OMB Control No. 1902-0028), and FERC
Form No. 6 (OMB Control No. 1902-0022) prescribe the information that
major electric utilities, licensees, and others; major natural gas
companies; and oil pipeline companies, respectively, must disclose
annually about their finances and operations. FERC Form No. 1-F (OMB
Control No. 1902-0029) and FERC Form No. 2-A (OMB Control No. 1902-
0030) prescribe the information that nonmajor electric utilities and
licensees; and nonmajor natural gas companies, respectively, must
disclose annually about their finances and operations. FERC Form No. 3-
Q (OMB Control No. 1902-0205) prescribes information that electric
utilities, licensees, and natural gas companies must disclose quarterly
about their finances and operations. FERC Form No. 6-Q (OMB Control No.
1902-0206) prescribes information that oil pipeline companies must
disclose quarterly about their finances and operations. FERC Form No.
714 (OMB Control No. 1902-0140) prescribes information that certain
electric transmitting utilities operating balancing authority areas or
planning areas are required to file annually. FERC Form No. 60 (OMB
Control No. 1902-0215) prescribes information that centralized service
companies must disclose annually about their finances and operations.
31. The following estimates of reporting burden are related only to
this
[[Page 30625]]
final rule and include the costs to comply with the Commission's
directives in this final rule. The compliance burden estimates for the
revisions to the filing process for Commission Forms are based on
several assumptions and unique assessments for each form. However, all
regulated entities required to submit Commission Forms would have to
map the reporting information to the Commission's standard XBRL
taxonomy and create a final submission file(s). We estimate that filers
would incur the following average burden hours:
XBRL Form Nos. 1, 1-F, 3-Q electric, 2, 2-A, 3-Q natural
gas, 6, and 6-Q \53\
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\53\ The internal burden hours for tagging Form Nos. 1 and 3-Q
electric are combined because the annual information reported in
Form No. 1 is a compilation of the information reported in the prior
three quarters in Form Nos. 3-Q electric in addition to the fourth
quarter. Similarly, we have combined the number of internal burden
hours for tagging the Form Nos. 2 and 3-Q natural gas and the Form
Nos. 6 and 6-Q, respectively, because the annual Form Nos. 2 and 6
are based on a compilation of the information reported in the prior
three quarters in Form Nos. 3-Q natural gas and 6-Q in addition to
the fourth quarter.
---------------------------------------------------------------------------
[cir] Burden hours to tag in XBRL:
[ssquf] 100 hours to prepare and submit the first filing using
XBRL; and
[ssquf] 14 hours for each subsequent filing in XBRL.
Form No. 60
[cir] Burden hours to tag in XBRL:
[ssquf] 20 hours to prepare and submit the first filing made in
XBRL; and
[ssquf] 3 hours for each subsequent filing.
Form No. 714
[cir] Burden hours to tag in XBRL:
[ssquf] 15 hours to prepare and submit the first filing made in
XBRL; and
[ssquf] 2 hours for each subsequent filing.
32. Public Reporting Burden: The Commission's burden estimates are
for a one-time implementation of the transition to XBRL adopted in this
final rule, and an ongoing estimate for maintenance of the XBRL
reporting system. The following estimates of reporting burden are
related only to this final rule and anticipate the costs to filers for
compliance with the final rule.
---------------------------------------------------------------------------
\54\ The average burden and cost per response is calculated
using the hourly wage figures described in detail below.
\55\ Every figure in this column is rounded to the nearest
dollar.
\56\ There is no change to the internal burden hours for filing
Form Nos. 3-Q electric, 3-Q natural gas, and 6-Q because the burden
hours associated with these quarterly forms are included in the
burden hours calculated for filing Form Nos. 1, 2, and 6.
\57\ This total number of responses does not include the
responses for Form Nos. 3-Q electric, 3-Q natural gas, or 6-Q
because the burden hours for tagging Form Nos. 1, 2, and 6 include
the number of hours required to tag the quarterly responses. The
quarterly filings are generally a subset of the annual filings.
RM19-12-000 Final Rule
One-Time Implementation Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual number
Number of of responses Total number Average burden & Total annual burden hours & Annual cost per
Requirement respondents per of responses cost per response cost \55\ respondent ($)
respondent \54\
(1) (2) (1) * (2) = (4).................. (3) * (4) = (5).............. (5) / (1)
(3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form No. 1................... 207 1 207 100 hrs.; $6,931..... 20,700 hrs.; $1,434,717...... $6,931.
Form No.1-F.................. 5 1 5 100 hrs.; $6,931..... 500 hrs.; $34,655............ $6,931.
Form No. 3-Q electric........ 212 3 636 No Change \56\....... No Change.................... No Change.
Form No. 2................... 92 1 92 100 hrs.; $6,931..... 9,200 hrs.; $637,652......... $6,931.
Form No. 2-A................. 73 1 73 100 hrs.; $6,931..... 7,300 hrs.; $505,963......... $6,931.
Form No. 3-Q natural gas..... 165 3 495 No Change............ No Change.................... No Change.
Form No. 6................... 244 1 244 100 hrs.; $6,931..... 24,400 hrs.; $1,691,164...... $6,931.
Form No. 6-Q................. 244 3 732 No Change............ No Change.................... No Change.
Form No. 60.................. 39 1 39 20 hrs.; $1,386.20... 780 hrs.; $54,062............ $1,386.20.
Form No. 714................. 176 1 176 15 hrs.; $1,039.65... 2,640 hrs.; $182,977......... $1,039.65.
--------------------------------------------------------------------------------------------------------------------------
Total for Implementation .............. .............. \57\ 836 ..................... 65,520 hrs.; $4,541,190...... ...................
Burden.
--------------------------------------------------------------------------------------------------------------------------------------------------------
RM19-12-000 Final Rule
Annual Ongoing System Maintenance Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual number
Number of of responses Total number Average burden & Total annual burden hours & Annual cost per
Requirement respondents per of responses cost per response cost \59\ respondent ($)
respondent \58\
(1) (2) (1) * (2) = (4).................. (3) * (4) = (5).............. (5) / (1)
(3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form No. 1................... 207 1 207 14 hrs.; $970.34..... 2,898 hrs.; $200,860......... $970.34.
Form No.1-F.................. 5 1 5 14 hrs.; $970.34..... 70 hrs.; $4,852.............. $970.34.
Form No. 3-Q electric........ 212 3 636 No Change............ No Change.................... No Change.
Form No. 2................... 92 1 92 14 hrs.; $970.34..... 1,288 hrs.; $89,271.......... $970.34.
Form No. 2-A................. 73 1 73 14 hrs.; $970.34..... 1,022 hrs.; $70,835.......... $970.34.
Form No. 3-Q natural gas..... 165 3 495 No Change............ No Change.................... No Change.
Form No. 6................... 244 1 244 14 hrs.; $970.34..... 3,416 hrs.; $236,763......... $970.34.
Form No. 6-Q................. 244 3 732 No Change............ No Change.................... No Change.
Form No. 60.................. 39 1 39 3 hrs.; $207.93...... 117 hrs.; $8,109............. $207.93.
[[Page 30626]]
Form No. 714................. 176 1 176 2 hrs.; $138.62...... 352 hrs.; $24,397............ $138.62.
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Total for Ongoing Burden. .............. .............. \60\ 836 ..................... 9,163 hrs.; $635,087......... ...................
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Commission's estimates for the hourly wage figure (as related
to the implementation and ongoing burden estimate) are based on the
Bureau of Labor Statistics data (for the Utilities sector, at https://www.bls.gov/oes/current/naics2_22.htm, plus benefits information at
https://www.bls.gov/news.release/ecec.nr0.htm). The salaries (plus
benefits) for the eight occupational categories are:
---------------------------------------------------------------------------
\58\ The average burden and cost per response is calculated
using the hourly wage figures described in detail below.
\59\ Every figure in this column is rounded to the nearest
dollar.
\60\ This total number of responses does not include the
responses for Form Nos. 3-Q electric, 3-Q natural gas, or 6-Q
because the burden hours for tagging Form Nos. 1, 2, and 6 include
the number of hours required to tag the quarterly responses. The
quarterly filings are generally a subset of the annual filings.
Management (Occupation Code: 11-0000): $94.28/hour
Information Security Analysts (Occupation Code: 15-1122):
$60.90/hour
Legal (Occupation Code: 23-0000): $143.68/hour
Office and Administrative Support: $41.34/hour
Computer and Information Systems Manager (Occupation Code: 11-
3021): $96.51
Management Analyst (Occupation Code: 13-1111): $63.32/hour
Computer and Information Systems Analyst (Occupation Code: 15-
1120): $66.47/hour
Accountants and Auditors (Occupation Code: 13-2011): $56.59/
hour
The average hourly cost for all eight of these categories is
calculated assuming the following weights in correspondence to effort
applied by each respective occupation:
Management (Occupation Code: 11-0000): 5%
Information Security Analysts (Occupation Code: 15-1122): 5%
Legal (Occupation Code: 23-0000): 5%
Office and Administrative Support: 10%
Computer and Information Systems Manager (Occupation Code: 11-
3021): 10%
Management Analyst (Occupation Code: 13-1111): 5%
Computer and Information Systems Analyst (Occupation Code: 15-
1120): 35%
Accountants and Auditors (Occupation Code: 13-2011): 25%
Overall, the average hourly cost uses the following calculation
with all seven occupations and their respective weights included:
[($94.28/hour * 0.05) + ($60.90/hour * 0.05) + ($143.68/hour * 0.05) +
($41.34/hour * 0.1) + ($96.51/hour * 0.1) + ($63.32/hour * 0.05) +
($66.47/hour * 0.35) + ($56.59/hour * 0.25)] / 8 = $69.31.
The number of responses related to both the implementation and
ongoing burden is 836 responses.\61\
---------------------------------------------------------------------------
\61\ This total number of responses does not include the
responses for Form Nos. 3-Q electric, 3-Q natural gas, or 6-Q
because the burden hours for tagging Form Nos. 1, 2, and 6 include
the number of hours required to tag the quarterly responses. The
quarterly filings are generally a subset of the annual filings.
---------------------------------------------------------------------------
The implementation burden will be 65,520 hours for Year 1.
The ongoing burden in Years 2 and 3 will be 9,163 hours per year.
The responses and burden for Years 1-3 for both the implementation
and ongoing burden are as follows:
836 responses/year;
[(65,520 hours for Year 1) + (9,163 hours for Year 2) + (9,163 hours
for Year 3)] / 3 years = 27,949 hours/year (annual average for Years 1-
3).
33. Out-of-pocket expenses: We estimate that filers would incur the
following out-of-pocket expenses for software, consulting, or filing
agent services in the Years 2 and 3 (following the first year of
implementation):
XBRL Form Nos. 1, 1-F, 3-Q electric, 2, 2-A, 3-Q natural
gas, 6, and 6-Q:
[cir] Out-of-pocket cost for software and filing agent services:
$4,912 for each filing.
[cir] Total out-of-pocket cost for software and filing agent
services per year: (621 respondents) * ($4,912 for each filing) =
$3,050,352.
Form No. 60:
[cir] Out-of-pocket cost for software and filing agent services:
$982 for each filing.
[cir] Total out-of-pocket cost for software and filing agent
services per year: (39 respondents) * ($982 for each filing) = $38,298.
Form No. 714
[cir] Out-of-pocket cost for software and filing agent services:
$737 for each filing.
[cir] Total out-of-pocket cost for software and filing agent
services per year: (176 respondents) * ($737 for each filing) =
$129,712.
34. Based on the number of filers we expect to be subject to the
requirements, the number of filings that we expect those filers to make
and the burden hours and out-of-pocket cost estimates described, we
estimate that in total for all filers, the average yearly burden of the
requirements over the first three years would be 27,949 internal hours
per year and $2,145,575 in out-of-pocket expenses per year. This would
be incurred by an average of 836 filers for an average yearly burden
per filer of 33.4 internal hours and $2,566 in out-of-pocket expenses
over Years 1-3.
Titles: Form No. 1 (Annual Report of Major Electric Utilities,
Licensees and Others); Form No. 1-F (Annual Report for Nonmajor Public
Utilities and Licensees); Form No. 3-Q electric (Quarterly Financial
Report of Electric Utilities, Licensees and Natural Gas Companies);
Form No. 2 (Annual Report for Major Natural Gas Companies); Form No. 2-
A (Annual Report for Non-major Natural Gas Companies); Form No. 3-Q gas
(Quarterly Financial Report of Electric Utilities, Licensees and
Natural Gas Companies); Form No. 6 (Annual Report of Oil Pipeline
Companies); Form No. 6-Q (Quarterly Financial
[[Page 30627]]
Report of Oil Pipeline Companies); Form No. 60 (Annual Reports of
Centralized Service Companies); Form No. 714 (Annual Electric Balancing
Authority Area and Planning Area Report).
Action: Revision of Currently Approved Collections of Information.
OMB Control Nos.: 1902-0021 (Form No. 1), 1902-0029 (Form No. 1-F),
1902-0028 (Form No. 2), 1902-0030 (Form No. 2-A), 1902-0205 (Form No.
3-Q), 1902-0022 (Form No. 6), 1902-0206 (Form No. 6-Q), 1902-0215 (Form
No. 60), and 1902-0140 (Form No. 714).
Respondents: Public utilities, licensees, interstate natural gas
companies, oil pipeline companies, centralized service companies,
Balancing Authorities, or other for profit and/or not for profit
institutions.
Frequency of Responses: Annually or quarterly.
Necessity of the Information: The Commission requires that the
information collected in Form Nos. 1, 1-F, 3-Q electric, 2, 2-A, 3-Q
natural gas, 6, 6-Q, 60, and 714 be submitted in an updated electronic
format that is compatible with current technology and ensures access to
the information required to be collected.
Internal Review: The Commission has reviewed the reporting
requirements related to Commission Forms and made a determination that
revising the filing process for Commission Forms will ensure the
Commission has the necessary data to carry out its statutory mandates,
while reducing unnecessary burden on industry. The Commission has
assured itself, by means of its internal review, that there is
specific, objective support for the burden estimate associated with the
information requirements.
35. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426 [Attention: Ellen
Brown, Office of the Executive Director, email: [email protected],
phone: (202) 502-8663, fax: (202) 273-0873]. Please send comments
concerning the collection of information and the associated burden
estimates to the Commission, and to the Office of Management and
Budget, Office of Information and Regulatory Affairs, 725 17th Street
NW, Washington, DC 20503 [Attention: Desk Officer for the Federal
Energy Regulatory Commission]. For security reasons, comments to OMB
should be submitted by email to: [email protected]. Comments
submitted to OMB should include Docket Number RM19-2-000 and any
related information collection and its respective OMB Control Number
[Form No. 1 (1902-0021), Form No. 1-F (1902-0029), Form No. 2 (1902-
0028), Form No. 2-A (1902-0030), Form No. 3-Q (1902-0205), Form No. 6
(1902-0022), Form No. 6-Q (1902-0206), Form No. 60 (1902-0215), and
Form No. 714 (1902-0140)].
V. Environmental Analysis
36. 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.\62\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment.\63\ The actions taken in this final rule fall within the
categorical exclusions in the Commission's regulations for rules
regarding information gathering, analysis, and dissemination.\64\
Accordingly, no environmental assessment is necessary and none has been
prepared for this rule.
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\62\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. ] 30,783 (1987) (cross-referenced at 41 FERC ] 61,284).
\63\ 18 CFR 380.4.
\64\ 18 CFR 380.4(a)(2)(ii) and 380.4(a)(5).
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VI. Regulatory Flexibility Act
37. The Regulatory Flexibility Act of 1980 (RFA) \65\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The Commission is not required to perform this sort of analysis if the
proposed activities within the final rule would not have such an
effect.
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\65\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------
38. Approximately 212 electric utility, licensees, and other
companies are required to file the Form Nos. 1 and 3-Q electric, or
Form No. 1-F, and therefore are subject to the requirements adopted by
this rule. Of those filers, the Commission estimates approximately 40
will be small as defined by SBA regulations.\66\ Approximately 244 oil
pipeline companies are required to file the Form Nos. 6 and 6-Q, and
therefore are subject to the requirements of this final rule. Of those
oil pipeline filers, the Commission estimates approximately 23 percent
will be small, as currently defined for ``All Other Pipeline
Transportation'' companies (NAICS code 486990) as a company that, in
combination with its affiliates, has total annual receipts of $37.5
million or less. Approximately 165 interstate natural gas pipelines are
required to file the Form Nos. 2 and 3-Q natural gas, or Form No. 2-A,
and therefore are subject to the requirements adopted by this rule.
Most of the natural gas pipelines regulated by the Commission do not
fall within the RFA's definition of a small entity, which is currently
defined for natural gas pipelines (NAICS code 486210) as a company
that, in combination with its affiliates, has total annual receipts of
$27.5 million or less. For the year 2018, eleven companies not
affiliated with larger companies had annual revenues in combination
with its affiliates of $27.5 million or less and therefore could be
considered a small entity under the RFA. This represents about seven
percent of the total potential respondents that may have a significant
burden imposed on them.
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\66\ The small business size standards are provided in 13 CFR
121.201. In 13 CFR 121.201, the SBA uses the North American Industry
Classification System (NAICS) codes.
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39. Approximately 39 holding companies currently file Form No. 60.
Commission staff estimates that these companies are not likely to fall
within the RFA's definition of small \67\ because holding companies of
public utilities or natural gas pipelines are generally not small
businesses. Finally, there are approximately 176 balancing authorities
(NAICS code 221121) that are required to file Form No. 714. Of those
balancing authorities, 33 percent (or approximately 58) are estimated
to fall within the RFA's definition of small.
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\67\ 5 U.S.C. 601(3) (citing to section 3 of the Small Business
Act, 15 U.S.C. 632). Section 3 of the Small Business Act defines a
``small business concern'' as a business that is independently owned
and operated and that is not dominant in its field of operation. 15
U.S.C. 632. The Small Business Size Standards component of the NAICS
defines, for example, a small electric utility as one that,
including its affiliates, is primarily engaged in the generation,
transmission, and/or distribution of electric energy for sale and
whose quantity of employees falls under a certain threshold
dependent on the type of utility and its applicable NAICS code.
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40. Accordingly, the Commission finds that the revised requirements
set forth in this final rule will not have a significant economic
impact on a substantial number of small entities, and no regulatory
flexibility analysis is required.
VII. Document Availability
41. 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 FERC's Home Page (https://www.ferc.gov)
[[Page 30628]]
and in FERC'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.
42. From FERC'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.
43. User assistance is available for eLibrary and the FERC's
website during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202)502-8659. Email the Public Reference Room at
[email protected].
VIII. Effective Date and Congressional Notification
44. These regulations are effective August 26, 2019. Pursuant to
the Congressional Review Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs has designated this rule as not a
``major rule,'' as defined by 5 U.S.C. 804(2).
List of Subjects
18 CFR Part 141
Electric power, Reporting and recordkeeping requirements.
18 CFR Part 385
Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.
By the Commission.
Issued: June 20, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission amends parts 141
and 385 of chapter I, title 18 of the Code of Federal Regulations, as
follows.
PART 141--STATEMENTS and REPORTS (SCHEDULES)
0
1. The authority citation for part 141 continues to read as follows:
Authority: 15 U.S.C. 79; 15 U.S.C. 717-717z; 16 U.S.C. 791a-
828c, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352.2.
0
2. Amend Sec. 141.2 by revising paragraph (b)(1)(i) to read as
follows:
Sec. 141.2 FERC Form No. 1-F, Annual report for Nonmajor public
utilities and licensees.
* * * * *
(b) * * *
(1) * * *
(i) Generally. Each Nonmajor and each Nonoperating (formerly
designated as Nonmajor) public utility and licensee as defined in Part
101 of this chapter, shall prepare and file with the Commission FERC
Form No. 1-F as prescribed in Sec. 385.2011 of this chapter and as
indicated in the General Instructions set out in this form, and must be
properly completed and verified. Filing on electronic media pursuant to
Sec. 385.2011 of this chapter is required.
* * * * *
PART 385--RULES OF PRACTICE AND PROCEDURE
0
3. The authority citation for part 385 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note
(2015).
0
4. Amend Sec. 385.2011 by adding paragraph (a)(8) and revising
paragraph (c)(3) to read as follows:
Sec. 385.2011 Procedures for filing on electronic media (Rule 2011).
* * * * *
(a) * * *
(8) FERC Form No. 1-F, Annual report for Nonmajor public utilities
and licensees.
* * * * *
(c) * * *
(3) With the exception of the FERC Form Nos. 1, 1-F, 2, 2-A, 6, 60,
and 714, the electronic media must be accompanied by the traditional
prescribed number of paper copies.
* * * * *
[FR Doc. 2019-13588 Filed 6-26-19; 8:45 am]
BILLING CODE 6717-01-P
