Commission Information Collection Activities (FERC Form 580); Comment Request; Extension, 68438-68442 [2019-27015]
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
understand the eligibility requirements for
the program for which they are applying.
II. Other Information
Accessible Format: Individuals with
disabilities can obtain this document
and a copy of the application in an
accessible format (e.g., braille, large
print, audio tape, or compact disc) on
request to one of the contact persons
listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
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Specifically, through the advanced
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the Department.
Dated: December 11, 2019.
Robert L. King,
Assistant Secretary for the Office of
Postsecondary Education.
[FR Doc. 2019–27048 Filed 12–13–19; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP20–19–000]
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UGI Sunbury, LLC; Notice of Request
Under Blanket Authorization
Take notice that on December 3, 2019,
UGI Sunbury, LLC (UGI Sunbury), 835
Knitting Mills Way, Wyomissing, PA
19610, filed in the above referenced
docket a prior notice request pursuant to
sections 157.205, 157.208, and 157.216
of the Commission’s regulations under
the Natural Gas Act and its blanket
certificate issued in Docket No. CP15–
525–000 for authorization to remove,
construct, own, operate, and maintain a
one mile segment of the Sunbury
Pipeline Project in Snyder County,
Pennsylvania. Specifically, UGI
Sunbury states that it will remove and
relocate a portion of the Sunbury
Pipeline Project to accommodate a
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Pennsylvania Department of
Transportation and Federal Highway
Administration project known as the
Central Susquehanna Valley
Transportation Project. UGI Sunbury
estimates the cost of the project to be
$12,500,000, all as more fully set forth
in the application which is on file with
the Commission and open to public
inspection.
The filing may also be viewed on the
web at https://www.ferc.gov using the
‘‘eLibrary’’ link. Enter the docket
number excluding the last three digits in
the docket number field to access the
document. For assistance, please contact
FERC Online Support at
FERCOnlineSupport@ferc.gov or toll
free at (866) 208–3676, or TTY, contact
(202) 502–8659.
Any questions concerning this
application may be directed to Brett
Burch Project Manager, UGI Energy
Services, LLC, 835 Knitting Mills Way,
Wyomissing, PA 19610, by telephone at
(570) 665–8603, or by email at bburch@
ugies.com.
Any person or the Commission’s staff
may, within 60 days after issuance of
the instant notice by the Commission,
file pursuant to Rule 214 of the
Commission’s Procedural Rules (18 CFR
385.214) a motion to intervene or notice
of intervention and pursuant to section
157.205 of the regulations under the
NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the
time allowed therefore, the proposed
activity shall be deemed to be
authorized effective the day after the
time allowed for filing a protest. If a
protest is filed and not withdrawn
within 30 days after the allowed time
for filing a protest, the instant request
shall be treated as an application for
authorization pursuant to section 7 of
the NGA.
Pursuant to section 157.9 of the
Commission’s rules (18 CFR 157.9),
within 90 days of this Notice, the
Commission staff will either: Complete
its environmental assessment (EA) and
place it into the Commission’s public
record (eLibrary) for this proceeding; or
issue a Notice of Schedule for
Environmental Review. If a Notice of
Schedule for Environmental Review is
issued, it will indicate, among other
milestones, the anticipated date for the
Commission staff’s issuance of the EA
for this proposal. The filing of the EA
in the Commission’s public record for
this proceeding or the issuance of a
Notice of Schedule for Environmental
Review will serve to notify federal and
state agencies of the timing for the
completion of all necessary reviews, and
the subsequent need to complete all
federal authorizations within 90 days of
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the date of issuance of the Commission
staff’s EA.
Persons who wish to comment only
on the environmental review of this
project should submit an original and
two copies of their comments to the
Secretary of the Commission.
Environmental commenters will be
placed on the Commission’s
environmental mailing list, and will be
notified of any meetings associated with
the Commission’s environmental review
process. Environmental commenters
will not be required to serve copies of
filed documents on all other parties.
However, the non-party commenters,
will not receive copies of all documents
filed by other parties or issued by the
Commission and will not have the right
to seek court review of the
Commission’s final order.
The Commission strongly encourages
electronic filings of comments, protests,
and interventions in lieu of paper using
the ‘‘eFiling’’ link at https://
www.ferc.gov. Persons unable to file
electronically should submit an original
and 3 copies of the protest or
intervention to the Federal Energy
Regulatory Commission, 888 First Street
NE, Washington, DC 20426.
Dated: December 10, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019–27016 Filed 12–13–19; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC19–45–000]
Commission Information Collection
Activities (FERC Form 580); Comment
Request; Extension
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of information collection
and request for comments.
AGENCY:
In compliance with the
requirements of the Paperwork
Reduction Act of 1995 (PRA), the
Federal Energy Regulatory Commission
(Commission or FERC) is soliciting
public comment on the currently
approved information collection, FERC
Form 580 (Interrogatory on Fuel and
Energy Purchase Practices) and
submitting the information collection to
the Office of Management and Budget
(OMB) for review. Any interested
person may file comments directly with
OMB and should address a copy of
those comments to the Commission as
explained below.
SUMMARY:
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
Comments on the collection of
information are due January 15, 2020.
ADDRESSES: Comments filed with OMB,
identified by the OMB Control No.
1902–0137, should be sent via email to
the Office of Information and Regulatory
Affairs: oira_submission@omb.gov;
Attention: Federal Energy Regulatory
Commission Desk Officer.
A copy of the comments should also
be sent to the Commission, in Docket
No. IC19–45–000, by either of the
following methods:
• eFiling at Commission’s Website:
https://www.ferc.gov/docs-filing/
efiling.asp.
• Mail/Hand Delivery/Courier:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
Instructions: All submissions must be
formatted and filed in accordance with
submission guidelines at: https://
www.ferc.gov/help/submissionguide.asp. For user assistance, contact
FERC Online Support by email at
ferconlinesupport@ferc.gov, or by phone
at: (866) 208–3676 (toll-free), or (202)
502–8659 for TTY.
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov/docsfiling/docs-filing.asp.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov, telephone
at (202) 502–8663, and fax at (202) 273–
0873.
SUPPLEMENTARY INFORMATION:
Title: FERC Form 580, (Interrogatory
on Fuel and Energy Purchase Practices
Pursuant to Section 205 of the Federal
Power Act).
OMB Control No.: 1902–0137.
Type of Request: Three-year extension
of the FERC Form 580 with no changes
to the current reporting requirements.
The administrative changes to the time
period covered in FERC Form 580 are
listed in the abstract.
Abstract: On October 1, 2019 (84 FR
52080), the Commission published a
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DATES:
Notice in the Federal Register in Docket
No. IC19–45–000 requesting public
comments. The Commission received
one public comments and is indicating
that in the related submittal to OMB.
The Commission collects FERC Form
580 information every other year as
required under Section 205(f)(2) of the
FPA as amended by Section 208 of the
Public Utility Regulatory Policies Act of
1978 (PURPA). The Commission uses
the information collected on the FERC
Form 580 interrogatory to review utility
purchase and cost recovery practices
through automatic adjustment clauses
(AACs) in order to ensure efficient use
of resources.1 The Commission uses the
information to evaluate costs in
individual rate filings and to
supplement periodic utility audits. The
public also uses the information in this
manner. Without the FERC Form 580
interrogatory, the Commission would
not have the requisite information to
conduct the necessary review the FPA
mandates.
Summary of Public Comments
On December 2, 2019, American
Electric Power Service Corporation
(AEPSC) filed comments. AEPSC states
that the Commission should further
clarify in the Desk Reference the scope
of necessary respondents including:
(1) That only jurisdictional utilities
with cost-based tariffs on file that
contain AACs should be required to
submit Form 580; and
(2) that contracts entered into
pursuant to a utilities’ market-based rate
authority (regardless of whether such
contract happens to be cost-based and
contain an AAC) are outside the scope
of the necessary reporting.
However, AEPSC explains that Form
580 itself indicates that such scope
limitations are intended. AEPSC also
states that while it has not estimated the
time it spends on each form, the time
spent collecting the information and
completing the form appear to be
understated. AEPSC provides
suggestions for minimizing the burden
on respondents, which AEPSC explains
would be addressed through
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implementing new software.
Additionally, AEPSC asserts that the
Commission should consider providing
greater consistency in terms and
directions across different forms.
FERC Response to Public Comments
First, the Commission finds that while
AEPSC states that the Desk Reference is
not clear enough, AEPSC acknowledges
that FERC Form 580 provides the
necessary level of clarity. The Desk
Reference is provided to answer
common questions and assist filers in
completing the FERC Form 580.
Therefore, the Commission finds that
revisions to the Desk Reference are not
necessary for respondents to understand
what is required to report as long as the
directions on the FERC Form 580 are
clear.
Second, the Commission finds that
while AEPSC states that the burden
estimates appear understated, AEPSC
has not provided sufficient evidence to
support its claim. Without additional
factual information, the Commission
does not have a basis to revise the
burden estimate.
Third, we find that implementing
major software updates is beyond the
scope and timing of this docket. We will
take the comment under consideration
for future activities on the FERC Form
580.
Lastly, while AEPSC asserts that the
Commission should consider
consistency in terms and directions
across different forms, we find that this
is not necessary for respondents to be
able to understand how to complete
FERC Form 580. Moreover, changes to
forms other than FERC Form 580 are
beyond the scope of this information
collection and might require
rulemaking(s).
FERC is making the following
administrative changes 2 (e.g., to update
the period covered) to the form:
Question 2a
—Revise Question 2a columns as
follows:
From
To
Docket number under which rate schedule containing AAC through
which costs were passed during 2016 and/or 2017 was accepted for
filing by FERC.
Was rate schedule superseded or abandoned during 2016–2017? If so,
provide Dates.
Docket number under which rate schedule containing AAC through
which costs were passed during 2018 and/or 2019 was accepted for
filing by FERC.
Was rate schedule superseded or abandoned during 2018–2019? If so,
provide dates.
1 By using the data in FERC Form 580, the
Commission is able to review utility purchase and
cost recovery practices and ensure the resources are
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in compliance with Commission regulations in 18
Code of Federal Regulations (CFR) 35.14.
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2 These changes were inadvertently omitted in the
60-day notice published on October 1, 2019 (84 FR
52080).
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
Question 2b
—Revise the paragraph under Question
2b to read:
From
To
If any of the Utility’s wholesale rate and/or service agreements containing an AAC listed in Question 2a, that was used during 2016
and/or 2017, was filed with the Commission before January 1, 1990,
attach an electronic copy of it with this filing. List the documents you
are submitting below. Note: Once this information is submitted electronically in a text-searchable format it will not be necessary to submit it in future Form 580 filings. See: https://www.ferc.gov/docs-filing/
elibrary/accept-file-formats.asp for listing of Commission accepted
document types.
If any of the Utility’s wholesale rate and/or service agreements containing an AAC listed in Question 2a, that was used during 2018
and/or 2019, was filed with the Commission before January 1, 1990,
attach an electronic copy of it with this filing. List the documents you
are submitting below. Note: Once this information is submitted electronically in a text-searchable format it will not be necessary to submit it in future Form 580 filings. See: https://www.ferc.gov/docs-filing/
elibrary/accept-file-formats.asp for listing of Commission accepted
document types.
Question 3
—Revise the paragraph under Question
3 to read:
From
To
If during the 2016–2017 period, the Utility had any contracts or agreements for the purchase of either energy or capacity under which all
or any portion of the purchase costs were passed through a fuel adjustment clause (FAC), for each purchase from a PURPA Qualifying
Facility (QF) or Independent Power Producer (IPP) provide the information requested in the non-shaded columns of the table below. Provide the information separately for each reporting year 2016 and
2017. Do not report purchased power where none of the costs were
recovered through an FAC. For each purchase where costs were
flowed through an FAC, fill-in the non-shaded columns and either
‘‘Only energy charges’’ or ‘‘The total cost of the purchase of economic power’’ columns, whichever apply.
If during the 2018–2019 period, the Utility had any contracts or agreements for the purchase of either energy or capacity under which all
or any portion of the purchase costs were passed through a fuel adjustment clause (FAC), for each purchase from a PURPA Qualifying
Facility (QF) or Independent Power Producer (IPP) provide the information requested in the non-shaded columns of the table below.
Provide the information separately for each reporting year 2018 and
2019. Do not report purchased power where none of the costs were
recovered through an FAC. For each purchase where costs were
flowed through an FAC, fill-in the non-shaded columns and either
‘‘Only energy charges’’ or ‘‘The total cost of the purchase of economic power’’ columns, whichever apply.
Question 4a
—Revise Question 4a columns as
follows:
From
To
If emission allowance costs were incurred by the Utility in 2016 and/or
2017 and were recovered through a FAC, provide the following information.
Dollar value of emission allowance cost passed through a FAC:
2016 ⎢2017.
If emission allowance costs were incurred by the Utility in 2018 and/or
2019 and were recovered through a FAC, provide the following information.
Dollar value of emission allowance cost passed through a FAC:
2018 ⎢2019.
Question 5
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—Revise the paragraph under Question
5 as follows:
From
To
Provide the information requested below regarding the Utility’s fuel procurement policies and practices in place during 2016 and/or 2017 for
fuels whose costs were subject to 18 CFR 35.14. Note: Responses
to this question may be filed as Privileged. To do so, skip this question now and answer it via the Fuel Procurement Policies and Practices Privileged Addendum provided. Otherwise, answer it here and
your responses will be made public.
Provide the information requested below regarding the Utility’s fuel procurement policies and practices in place during 2018 and/or 2019 for
fuels whose costs were subject to 18 CFR 35.14. Note: Responses
to this question may be filed as Privileged. To do so, skip this question now and answer it via the Fuel Procurement Policies and Practices Privileged Addendum provided. Otherwise, answer it here and
your responses will be made public.
Question 6
—Revise the paragraph under Question
6 as follows:
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
68441
From
To
For each fuel supply contract, of longer than one year in duration, in
force at any time during 2016 and/or 2017, where costs were subject
to 18 CFR 35.14, (including informal agreements with associated
companies), provide the requested information. Report the information individually for each contract, for each calendar year. [No response to any part of Question 6 for fuel oil no. 2 is necessary.] Report all fuels consumed for electric power generation and thermal energy associated with the production of electricity. Information for only
coal, natural gas, and oil should be reported.
For each fuel supply contract, of longer than one year in duration, in
force at any time during 2018 and/or 2019, where costs were subject
to 18 CFR 35.14, (including informal agreements with associated
companies), provide the requested information. Report the information individually for each contract, for each calendar year. [No response to any part of Question 6 for fuel oil no. 2 is necessary.] Report all fuels consumed for electric power generation and thermal energy associated with the production of electricity. Information for only
coal, natural gas, and oil should be reported.
Question 7
—Revise the paragraph under Question
7 as follows:
From
To
For each fuel supply contract, including informal agreements with associated or affiliated companies in force at any time during 2016 or
2017 WHERE CONTRACT SHORTFALL COSTS WERE PASSED
THROUGH an FAC subject to 18 CFR 35.14, provide for each contract separately the information requested below. Only report the information requested for shortfalls that occurred under your contracts
during reporting years 2016 or 2017 and that are not under dispute,
i.e., parties agree there was indeed a shortfall.
For each fuel supply contract, including informal agreements with associated or affiliated companies in force at any time during 2018 or
2019 WHERE CONTRACT SHORTFALL COSTS WERE PASSED
THROUGH an FAC subject to 18 CFR 35.14, provide for each contract separately the information requested below. Only report the information requested for shortfalls that occurred under your contracts
during reporting years 2018 or 2019 and that are not under dispute,
i.e., parties agree there was indeed a shortfall.
Question 8
—Revise the paragraph under Question
8 as follows:
From
To
For each fuel supply contract that was bought-out or bought-down, including informal agreements with associated or affiliated companies
in force at any time during 2016 or 2017 WHERE CONTRACT BUY–
OUT AND/OR BUY–DOWN COSTS WERE PASSED THROUGH an
FAC subject to 18 CFR 35.14, provide for each contract separately
the information requested below. Only report the information requested for contract buy-downs and buy-outs that occurred under
your contracts during reporting years 2016 or 2017 and that are not
under dispute, i.e., parties agree there was indeed a shortfall.
For each fuel supply contract that was bought-out or bought-down, including informal agreements with associated or affiliated companies
in force at any time during 2018 or 2019 WHERE CONTRACT BUY–
OUT AND/OR BUY–DOWN COSTS WERE PASSED THROUGH an
FAC subject to 18 CFR 35.14, provide for each contract separately
the information requested below. Only report the information requested for contract buy-downs and buy-outs that occurred under
your contracts during reporting years 2018 or 2019 and that are not
under dispute i.e., parties agree there was indeed a shortfall.
Type of Respondents: The filing must
be submitted by all FERC-jurisdictional
utilities owning and/or operating at
least one steam-electric generating
station of 50 MW or greater capacity or
having a majority ownership interest in
a jointly-owned steam-electric
generating station of at least 50 MW. A
jurisdictional utility without a costbased tariff on file with the Commission
is not required to file the form.
Estimate of Annual Burden. 3 The
Commission estimates the annual 4
public reporting burden and cost 5 for
the information collection as:
FERC FORM 580 (INTERROGATORY ON FUEL AND ENERGY PURCHASE PRACTICES)
Number of
respondents
Annual
number of
responses per
respondent
Total
number of
responses
Average
burden & cost
($) per
response
Total annual burden
hours & total
annual cost
($)
Annual
cost per
respondent
($)
(1)
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
(5) ÷ (1)
103 hrs.; $8,240 ........
20 hrs.; $1,600 ..........
2 hrs.; $160 ...............
1,493.5 hrs.; $119,480 ...
90 hrs.; $7,200 ...............
28 hrs.; $2,240 ...............
FACs 6
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Respondents with
................................
Respondents with AACs, but no FACs ............
Respondents with no AACs and no FACs ......
29
9
28
3 Burden is defined as 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. See 5 CFR
1320 for additional information on the definition of
information collection burden.
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0.5
0.5
0.5
14.5
4.5
14
4 The FERC Form 580 interrogatory is conducted
every two years, we are using 0.5 for annual number
of responses.
5 Commission staff finds that the work done on
this information collection is typically done by
wage categories like those at FERC. The estimates
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$4,120
800
80
for cost (for wages plus benefits) are derived using
the 2019 FERC average salary plus benefits of
$167,091/year (or $80.00/hour).
6 Fuel Adjustment Clause (FAC).
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FERC FORM 580 (INTERROGATORY ON FUEL AND ENERGY PURCHASE PRACTICES)—Continued
Total ..........................................................
Number of
respondents
Annual
number of
responses per
respondent
Total
number of
responses
Average
burden & cost
($) per
response
Total annual burden
hours & total
annual cost
($)
Annual
cost per
respondent
($)
(1)
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
(5) ÷ (1)
........................
........................
....................................
1,611.5 hrs.; $128,920 ...
....................
Comments: Comments are invited on:
(1) Whether the collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(2) the accuracy of the agency’s
estimates of the burden and cost of the
collection of information, including the
validity of the methodology and
assumptions used; (3) ways to enhance
the quality, utility and clarity of the
information collection; and (4) ways to
minimize the burden of the collection of
information on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Dated: December 10, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019–27015 Filed 12–13–19; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC19–46–000]
Commission Information Collection
Activities (FERC–604); Comment
Request; Extension
Federal Energy Regulatory
Commission, DOE.
AGENCY:
Notice of information collection
and request for comments.
ACTION:
In compliance with the
requirements of the Paperwork
Reduction Act of 1995 (PRA), the
Federal Energy Regulatory Commission
(Commission or FERC) is soliciting
public comments on the currently
approved information collection, FERC–
604 (Cash Management Agreements)
and submitting the information
collection to the Office of Management
and Budget (OMB) for review. Any
interested person may file comments
directly with OMB and should address
a copy of those comments to the
Commission as explained below.
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SUMMARY:
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19:21 Dec 13, 2019
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33
Comments on the collection of
information are due January 15, 2020.
ADDRESSES: Comments filed with OMB,
identified by the OMB Control No.
1902–0267, should be sent via email to
the Office of Information and Regulatory
Affairs: oira_submission@omb.gov.
Attention: Federal Energy Regulatory
Commission Desk Office.
A copy of the comments should also
be sent to the Commission, in Docket
No. IC19–46–000, by either of the
following methods:
• eFiling at Commission’s Website:
https://www.ferc.gov/docs-filing/
efiling.asp.
• Mail/Hand Delivery/Courier:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
Instructions: All submissions must be
formatted and filed in accordance with
submission guidelines at: https://
www.ferc.gov/help/submissionguide.asp. For user assistance, contact
FERC Online Support by email at
ferconlinesupport@ferc.gov, or by phone
at: (866) 208–3676 (toll-free), or (202)
502–8659 for TTY.
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov/docsfiling/docs-filing.asp.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov, telephone
at (202) 502–8663, and fax at (202) 273–
0873.
SUPPLEMENTARY INFORMATION:
Title: FERC–604 (Cash Management
Agreements).
OMB Control No.: 1902–0267.
Type of Request: Three-year extension
of the FERC–604 with no changes to the
current reporting requirements.
Abstract: On September 6, 2019 (84
FR 46949), the Commission published a
Notice in the Federal Register in Docket
No. IC19–46–000 requesting public
comments. The Commission received no
comments and is noting that in the
related submittal to OMB. Cash
management or ‘‘money pool’’ programs
typically concentrate affiliates’ cash
DATES:
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assets in joint accounts for the purpose
of providing financial flexibility and
lowering the cost of borrowing. In a
2001 investigation, FERC staff found
that balances in cash management
programs affecting FERC-regulated
entities totaled approximately $16
billion. Additionally, other
investigations revealed large transfers of
funds amounting to more than $1 billion
between regulated pipeline affiliates
and non-regulated parents whose
financial conditions were precarious.
The Commission found that these and
other fund transfers and the enormous
(mostly unregulated) pools of money in
cash management programs could
detrimentally affect regulated rates.
To protect customers and promote
transparency, the Commission issued
Order No. 634–A (2003) requiring
entities to formalize in writing and file
with the Commission their cash
management agreements. At that time,
the Commission obtained OMB
clearance for the new reporting
requirement under the FERC–555
information collection (OMB Control
No. 1902–0098). The Commission
includes these reporting requirements
for cash management agreements under
the FERC–604 information collection
(OMB Control No. 1902–0267). The
Commission implemented these
reporting requirements in 18 CFR
141.500, 260.400, and 357.5.
Type of Respondents: Public utilities,
natural gas companies, and oil pipeline
companies.
Estimate of Annual Burden.1 The
Commission estimates the annual public
reporting burden and cost 2 for the
information collection as:
1 Burden is defined as 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. See 5 CFR
1320 for additional information on the definition of
information collection burden.
2 The Commission staff estimates that industry is
similarly situated in terms of hourly cost (for wages
plus benefits). Based on the Commission’s FY
(Fiscal Year) 2019 average cost of $167,091 (for
wages plus benefits), $80.00/hour is used.
E:\FR\FM\16DEN1.SGM
16DEN1
]]>Agencies
[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68438-68442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27015]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC19-45-000]
Commission Information Collection Activities (FERC Form 580);
Comment Request; Extension
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice of information collection and request for comments.
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SUMMARY: In compliance with the requirements of the Paperwork
Reduction Act of 1995 (PRA), the Federal Energy Regulatory Commission
(Commission or FERC) is soliciting public comment on the currently
approved information collection, FERC Form 580 (Interrogatory on Fuel
and Energy Purchase Practices) and submitting the information
collection to the Office of Management and Budget (OMB) for review. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
[[Page 68439]]
DATES: Comments on the collection of information are due January 15,
2020.
ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0137, should be sent via email to the Office of Information and
Regulatory Affairs: [email protected]; Attention: Federal Energy
Regulatory Commission Desk Officer.
A copy of the comments should also be sent to the Commission, in
Docket No. IC19-45-000, by either of the following methods:
eFiling at Commission's Website: https://www.ferc.gov/docs-filing/efiling.asp.
Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: https://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support
by email at [email protected], or by phone at: (866) 208-3676
(toll-free), or (202) 502-8659 for TTY.
Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov/docs-filing/docs-filing.asp.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email
at [email protected], telephone at (202) 502-8663, and fax at
(202) 273-0873.
SUPPLEMENTARY INFORMATION:
Title: FERC Form 580, (Interrogatory on Fuel and Energy Purchase
Practices Pursuant to Section 205 of the Federal Power Act).
OMB Control No.: 1902-0137.
Type of Request: Three-year extension of the FERC Form 580 with no
changes to the current reporting requirements. The administrative
changes to the time period covered in FERC Form 580 are listed in the
abstract.
Abstract: On October 1, 2019 (84 FR 52080), the Commission
published a Notice in the Federal Register in Docket No. IC19-45-000
requesting public comments. The Commission received one public comments
and is indicating that in the related submittal to OMB.
The Commission collects FERC Form 580 information every other year
as required under Section 205(f)(2) of the FPA as amended by Section
208 of the Public Utility Regulatory Policies Act of 1978 (PURPA). The
Commission uses the information collected on the FERC Form 580
interrogatory to review utility purchase and cost recovery practices
through automatic adjustment clauses (AACs) in order to ensure
efficient use of resources.\1\ The Commission uses the information to
evaluate costs in individual rate filings and to supplement periodic
utility audits. The public also uses the information in this manner.
Without the FERC Form 580 interrogatory, the Commission would not have
the requisite information to conduct the necessary review the FPA
mandates.
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\1\ By using the data in FERC Form 580, the Commission is able
to review utility purchase and cost recovery practices and ensure
the resources are in compliance with Commission regulations in 18
Code of Federal Regulations (CFR) 35.14.
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Summary of Public Comments
On December 2, 2019, American Electric Power Service Corporation
(AEPSC) filed comments. AEPSC states that the Commission should further
clarify in the Desk Reference the scope of necessary respondents
including:
(1) That only jurisdictional utilities with cost-based tariffs on
file that contain AACs should be required to submit Form 580; and
(2) that contracts entered into pursuant to a utilities' market-
based rate authority (regardless of whether such contract happens to be
cost-based and contain an AAC) are outside the scope of the necessary
reporting.
However, AEPSC explains that Form 580 itself indicates that such
scope limitations are intended. AEPSC also states that while it has not
estimated the time it spends on each form, the time spent collecting
the information and completing the form appear to be understated. AEPSC
provides suggestions for minimizing the burden on respondents, which
AEPSC explains would be addressed through implementing new software.
Additionally, AEPSC asserts that the Commission should consider
providing greater consistency in terms and directions across different
forms.
FERC Response to Public Comments
First, the Commission finds that while AEPSC states that the Desk
Reference is not clear enough, AEPSC acknowledges that FERC Form 580
provides the necessary level of clarity. The Desk Reference is provided
to answer common questions and assist filers in completing the FERC
Form 580. Therefore, the Commission finds that revisions to the Desk
Reference are not necessary for respondents to understand what is
required to report as long as the directions on the FERC Form 580 are
clear.
Second, the Commission finds that while AEPSC states that the
burden estimates appear understated, AEPSC has not provided sufficient
evidence to support its claim. Without additional factual information,
the Commission does not have a basis to revise the burden estimate.
Third, we find that implementing major software updates is beyond
the scope and timing of this docket. We will take the comment under
consideration for future activities on the FERC Form 580.
Lastly, while AEPSC asserts that the Commission should consider
consistency in terms and directions across different forms, we find
that this is not necessary for respondents to be able to understand how
to complete FERC Form 580. Moreover, changes to forms other than FERC
Form 580 are beyond the scope of this information collection and might
require rulemaking(s).
FERC is making the following administrative changes \2\ (e.g., to
update the period covered) to the form:
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\2\ These changes were inadvertently omitted in the 60-day
notice published on October 1, 2019 (84 FR 52080).
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Question 2a
--Revise Question 2a columns as follows:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
Docket number under which rate schedule Docket number under which rate
containing AAC through which costs schedule containing AAC
were passed during 2016 and/or 2017 through which costs were
was accepted for filing by FERC. passed during 2018 and/or 2019
was accepted for filing by
FERC.
Was rate schedule superseded or Was rate schedule superseded or
abandoned during 2016-2017? If so, abandoned during 2018-2019? If
provide Dates. so, provide dates.
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[[Page 68440]]
Question 2b
--Revise the paragraph under Question 2b to read:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
If any of the Utility's wholesale rate If any of the Utility's
and/or service agreements containing wholesale rate and/or service
an AAC listed in Question 2a, that was agreements containing an AAC
used during 2016 and/or 2017, was listed in Question 2a, that
filed with the Commission before was used during 2018 and/or
January 1, 1990, attach an electronic 2019, was filed with the
copy of it with this filing. List the Commission before January 1,
documents you are submitting below. 1990, attach an electronic
Note: Once this information is copy of it with this filing.
submitted electronically in a text- List the documents you are
searchable format it will not be submitting below. Note: Once
necessary to submit it in future Form this information is submitted
580 filings. See: https://www.ferc.gov/ electronically in a text-
docs-filing/elibrary/accept-file- searchable format it will not
formats.asp for listing of Commission be necessary to submit it in
accepted document types. future Form 580 filings. See:
https://www.ferc.gov/docs-filing/elibrary/accept-file-formats.asp for listing of
Commission accepted document
types.
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Question 3
--Revise the paragraph under Question 3 to read:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
If during the 2016-2017 period, the If during the 2018-2019 period,
Utility had any contracts or the Utility had any contracts
agreements for the purchase of either or agreements for the purchase
energy or capacity under which all or of either energy or capacity
any portion of the purchase costs were under which all or any portion
passed through a fuel adjustment of the purchase costs were
clause (FAC), for each purchase from a passed through a fuel
PURPA Qualifying Facility (QF) or adjustment clause (FAC), for
Independent Power Producer (IPP) each purchase from a PURPA
provide the information requested in Qualifying Facility (QF) or
the non-shaded columns of the table Independent Power Producer
below. Provide the information (IPP) provide the information
separately for each reporting year requested in the non-shaded
2016 and 2017. Do not report purchased columns of the table below.
power where none of the costs were Provide the information
recovered through an FAC. For each separately for each reporting
purchase where costs were flowed year 2018 and 2019. Do not
through an FAC, fill-in the non-shaded report purchased power where
columns and either ``Only energy none of the costs were
charges'' or ``The total cost of the recovered through an FAC. For
purchase of economic power'' columns, each purchase where costs were
whichever apply. flowed through an FAC, fill-in
the non-shaded columns and
either ``Only energy charges''
or ``The total cost of the
purchase of economic power''
columns, whichever apply.
------------------------------------------------------------------------
Question 4a
--Revise Question 4a columns as follows:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
If emission allowance costs were If emission allowance costs
incurred by the Utility in 2016 and/or were incurred by the Utility
2017 and were recovered through a FAC, in 2018 and/or 2019 and were
provide the following information. recovered through a FAC,
provide the following
information.
Dollar value of emission allowance cost Dollar value of emission
passed through a FAC: 2016 allowance cost passed through
[verbarlm]2017. a FAC: 2018 [verbarlm]2019.
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Question 5
--Revise the paragraph under Question 5 as follows:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
Provide the information requested below Provide the information
regarding the Utility's fuel requested below regarding the
procurement policies and practices in Utility's fuel procurement
place during 2016 and/or 2017 for policies and practices in
fuels whose costs were subject to 18 place during 2018 and/or 2019
CFR 35.14. Note: Responses to this for fuels whose costs were
question may be filed as Privileged. subject to 18 CFR 35.14. Note:
To do so, skip this question now and Responses to this question may
answer it via the Fuel Procurement be filed as Privileged. To do
Policies and Practices Privileged so, skip this question now and
Addendum provided. Otherwise, answer answer it via the Fuel
it here and your responses will be Procurement Policies and
made public. Practices Privileged Addendum
provided. Otherwise, answer it
here and your responses will
be made public.
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Question 6
--Revise the paragraph under Question 6 as follows:
[[Page 68441]]
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
For each fuel supply contract, of For each fuel supply contract,
longer than one year in duration, in of longer than one year in
force at any time during 2016 and/or duration, in force at any time
2017, where costs were subject to 18 during 2018 and/or 2019, where
CFR 35.14, (including informal costs were subject to 18 CFR
agreements with associated companies), 35.14, (including informal
provide the requested information. agreements with associated
Report the information individually companies), provide the
for each contract, for each calendar requested information. Report
year. [No response to any part of the information individually
Question 6 for fuel oil no. 2 is for each contract, for each
necessary.] Report all fuels consumed calendar year. [No response to
for electric power generation and any part of Question 6 for
thermal energy associated with the fuel oil no. 2 is necessary.]
production of electricity. Information Report all fuels consumed for
for only coal, natural gas, and oil electric power generation and
should be reported. thermal energy associated with
the production of electricity.
Information for only coal,
natural gas, and oil should be
reported.
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Question 7
--Revise the paragraph under Question 7 as follows:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
For each fuel supply contract, For each fuel supply contract,
including informal agreements with including informal agreements
associated or affiliated companies in with associated or affiliated
force at any time during 2016 or 2017 companies in force at any time
WHERE CONTRACT SHORTFALL COSTS WERE during 2018 or 2019 WHERE
PASSED THROUGH an FAC subject to 18 CONTRACT SHORTFALL COSTS WERE
CFR 35.14, provide for each contract PASSED THROUGH an FAC subject
separately the information requested to 18 CFR 35.14, provide for
below. Only report the information each contract separately the
requested for shortfalls that occurred information requested below.
under your contracts during reporting Only report the information
years 2016 or 2017 and that are not requested for shortfalls that
under dispute, i.e., parties agree occurred under your contracts
there was indeed a shortfall. during reporting years 2018 or
2019 and that are not under
dispute, i.e., parties agree
there was indeed a shortfall.
------------------------------------------------------------------------
Question 8
--Revise the paragraph under Question 8 as follows:
------------------------------------------------------------------------
From To
------------------------------------------------------------------------
For each fuel supply contract that was For each fuel supply contract
bought-out or bought-down, including that was bought-out or bought-
informal agreements with associated or down, including informal
affiliated companies in force at any agreements with associated or
time during 2016 or 2017 WHERE affiliated companies in force
CONTRACT BUY-OUT AND/OR BUY-DOWN COSTS at any time during 2018 or
WERE PASSED THROUGH an FAC subject to 2019 WHERE CONTRACT BUY-OUT
18 CFR 35.14, provide for each AND/OR BUY-DOWN COSTS WERE
contract separately the information PASSED THROUGH an FAC subject
requested below. Only report the to 18 CFR 35.14, provide for
information requested for contract buy- each contract separately the
downs and buy-outs that occurred under information requested below.
your contracts during reporting years Only report the information
2016 or 2017 and that are not under requested for contract buy-
dispute, i.e., parties agree there was downs and buy-outs that
indeed a shortfall. occurred under your contracts
during reporting years 2018 or
2019 and that are not under
dispute i.e., parties agree
there was indeed a shortfall.
------------------------------------------------------------------------
Type of Respondents: The filing must be submitted by all FERC-
jurisdictional utilities owning and/or operating at least one steam-
electric generating station of 50 MW or greater capacity or having a
majority ownership interest in a jointly-owned steam-electric
generating station of at least 50 MW. A jurisdictional utility without
a cost-based tariff on file with the Commission is not required to file
the form.
Estimate of Annual Burden. \3\ The Commission estimates the annual
\4\ public reporting burden and cost \5\ for the information collection
as:
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\3\ Burden is defined as 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. See 5
CFR 1320 for additional information on the definition of information
collection burden.
\4\ The FERC Form 580 interrogatory is conducted every two
years, we are using 0.5 for annual number of responses.
\5\ Commission staff finds that the work done on this
information collection is typically done by wage categories like
those at FERC. The estimates for cost (for wages plus benefits) are
derived using the 2019 FERC average salary plus benefits of
$167,091/year (or $80.00/hour).
\6\ Fuel Adjustment Clause (FAC).
FERC Form 580 (Interrogatory on Fuel and Energy Purchase Practices)
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Annual cost
Number of Annual number Total number Average burden & cost ($) Total annual burden hours & per
respondents of responses of responses per response total annual cost ($) respondent
per respondent ($)
(1) (2) (1) * (2) = (4)....................... (3) * (4) = (5).............. (5) / (1)
(3)
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Respondents with FACs \6\....... 29 0.5 14.5 103 hrs.; $8,240.......... 1,493.5 hrs.; $119,480....... $4,120
Respondents with AACs, but no 9 0.5 4.5 20 hrs.; $1,600........... 90 hrs.; $7,200.............. 800
FACs.
Respondents with no AACs and no 28 0.5 14 2 hrs.; $160.............. 28 hrs.; $2,240.............. 80
FACs.
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[[Page 68442]]
Total....................... .............. .............. 33 .......................... 1,611.5 hrs.; $128,920....... ...........
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Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
Dated: December 10, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-27015 Filed 12-13-19; 8:45 am]
BILLING CODE 6717-01-P
