Commission Information Collection Activities (FERC-517); Comment Request; Extension, 311-314 [2024-31565]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Notices]
[Pages 311-314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31565]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IC25-2-000]


Commission Information Collection Activities (FERC-517); 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, the Federal Energy Regulatory Commission (Commission or 
FERC) is soliciting public comment on the currently approved 
information collection, FERC-517 (Safety of Waterpower Projects and 
Project Works) represented by OMB Control No. 1902-0319. There are no 
changes to the information collection.

DATES: Comments on the collection of information are due March 4, 2025.

ADDRESSES: You may submit copies of your comments (identified by Docket 
No. IC25-2-000) by one of the following methods:
    Electronic filing through https://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable 
native applications and print-to-PDF, but not in scanned or picture 
format.
     For those unable to file electronically, comments may be 
filed by USPS mail or by other delivery methods:
    [cir] Mail via U.S. Postal Service Only: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE, 
Washington, DC 20426.
    [cir] All other delivery services: Federal Energy Regulatory 
Commission, Secretary of the Commission, 12225 Wilkins Avenue, 
Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in 
accordance with submission guidelines at: https://www.ferc.gov. For 
user assistance, contact FERC Online Support by email at 
[email protected], or by phone at (866) 208-3676 (toll-free).
    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.

FOR FURTHER INFORMATION CONTACT: Kayla Williams may be reached by email 
at [email protected], telephone at (202) 502-6468.

SUPPLEMENTARY INFORMATION: 

[[Page 312]]

    Title: FERC-517 (Safety of Waterpower Projects and Project Works).
    OMB Control No.: 1902-0319.
    Type of Request: Three-year extension of the FERC-517 information 
collection requirements with no changes to the current reporting 
requirements.
    Abstract: This information collection will assist in the assessment 
of the safety of waterpower projects and project works licensed by the 
Commission. The Commission will use the information collection 
activities to evaluate project-specific dam and public safety 
assessments, determine whether those assessments are sufficient for the 
protection of life, health, and property, and to ensure that project 
works are being maintained in an adequate condition of repair.
    The information is necessary in order to determine the urgency, 
priority, and scope of potential safety improvements or risk reduction 
measures that might be needed for the protection of life, health, and 
property.
    The following reports are required and are a part of FERC-517:

18 CFR Part 12, Subpart B (Reports and Records)

    The regulations at 18 CFR 12.10(a) and (b) require applicants and 
licensees to report promptly to the Regional Engineer \1\ any incident 
resulting in death or serious injury that occurs at the relevant 
project. Section 12.10(a) requires an oral report to the Regional 
Engineer by telephone of any condition affecting the safety of a 
project or projects works, ``as soon as practicable after that 
condition is discovered.'' Section 12.10(b) requires a written report 
that includes a description of the cause and location of the accident, 
which must be submitted within the time specified by the Regional 
Engineer.
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    \1\ The Regional Engineer is a member of the Commission's staff.
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    The regulation at 18 CFR 12.10(b) requires a written report of any 
death, serious injury, or rescue. Such reports must describe any 
remedial actions taken or proposed to avoid or reduce the chance of 
similar occurrences in the future and must be verified in accordance 
with section 12.13.\2\
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    \2\ Section 12.13 specifies how to verify the authenticity of a 
document submitted in accordance with 18 CFR part 12.
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    Section 12.10(b)(3), section 12.10(b)(2)(ii) provides that deaths 
that are not project-related may be reported by providing a copy of a 
clipping from a newspaper article, if available. Section 
12.10(b)(2)(iii) provides that serious injuries and rescues that are 
not project-related do not require a written report. The initial report 
must be made by email or telephone as soon as practicable after the 
condition is discovered, ``preferably within 72 hours.''

18 CFR Part 12, Subpart D (Review, Inspection, and Assessment by 
Independent Consultant)

Overview of Subpart D

    Regulations at 18 CFR part 12 subpart D pertain to project safety 
inspections by independent consultants. These inspections sometimes are 
colloquially called ``Part 12D inspections.'' These inspections are 
licensee-facilitated and are in addition to the project safety 
inspections conducted regularly by Commission staff.
    Subpart D requires two tiers of independent consultant inspections 
for licensed project developments that meet the criteria shown at 
section 12.30.
    Subpart D adopted a two-tier structure that includes two types of 
inspections: a comprehensive assessment (CA) and a periodic inspection 
(PI). Each comprehensive assessment will be performed at a ten-year 
interval, with the periodic inspection occurring midway between 
comprehensive assessments. A periodic inspection will focus on a 
project's performance over the previous five years, and will include a 
field inspection, a review of project operations, an in-depth review of 
monitoring data trends and behavior, and an evaluation of whether any 
potential failure modes are occurring. A comprehensive assessment will 
build on a periodic inspection with a deep dive into every aspect of a 
project, including a detailed review of the design basis, analyses of 
record, and construction history; an evaluation of spillway adequacy; a 
Potential Failure Mode Analysis; and a Risk Analysis.

Engineering Guidelines--Chapters 15 & 16

    Chapter 15 of the Engineering Guidelines provides guidance on a 
Supporting Technical Information Document (STID). A STID serves as a 
compendium of knowledge and information about a project and greatly 
facilitates the review and evaluation of the safety and performance of 
project works by licensees, consultants, and Commission staff. The STID 
consists of a hard copy and a digital reference. It is required for all 
projects subject to 18 CFR 12D and is used for assessing the 
completeness and appropriateness of technical information.
    The STID summarizes the project elements and details that, except 
in the event of detailed studies or construction, do not change 
significantly over time. The digital reference (e.g., a CD, DVD, or 
other form of electronic media) includes a compilation of all available 
source material and additional supporting information, formatted so 
that the licensee, commission staff, or consultants can identify and 
retrieve the information they need. A searchable electronic version of 
the hard copy material must be included on the digital reference. The 
licensee is responsible for compiling the information for the STID and 
for creating and maintaining the document for use by themselves, the 
Part 12D independent consultants, and Commission staff.
    Chapter 16 of the Engineering Guidelines requires licensees to 
submit a detailed Part 12D Inspection Plan prior to conducting either 
type of inspection (i.e., a periodic inspection or comprehensive 
assessment) that describes the scope of the inspection, proposes an 
Independent Consultant Team, and establishes the proposed schedule. 
Section 16-3.3.1 of chapter 16 of the Engineering Guidelines provides 
that the Part 12D Inspection Plan must include the following 
information:
     Project name, FERC number, and state(s) where the project 
is located;
     Type of Part 12D Inspection (Comprehensive Assessment or 
Periodic Inspection), and a reminder that a Risk Analysis must be 
completed for a Comprehensive Assessment;
     A brief description of the project features;
     A proposed team of Independent Consultants, including the 
identification and assessment of technical disciplines to be 
represented on the team of Independent Consultants; the names and 
resumes for the Independent Consultants; a list of supporting team 
member roles and their intended areas of expertise; and the names and 
resumes of facilitators for any Potential Failure Mode Analysis or Risk 
Analysis as needed; and
     A schedule for Part 12D Inspection-related activities.
    Under chapter 16, members of the Independent Consultant Team are 
required to prepare a Pre-Inspection Preparation Report to document 
their initial findings from their review of project documentation, 
instrumentation data, and other information prior to the field 
inspection. Chapter 16 provides an outline for this PRA activity.
    Chapter 16 also provides outlines for, and describes the scope of, 
the periodic inspections and comprehensive assessments that are 
required in 18 CFR part 12 subpart D.

[[Page 313]]

    Chapters 17 and 18 provide additional details and licensee guidance 
for conducting a Potential Failure Mode Analysis and a Level 2 Risk 
Analysis, which are required components of a comprehensive assessment.

Independent Consultant Team Proposals and Reports

    The regulations at 18 CFR 12.31(a) and 12.31(b), respectively, list 
specific qualifications that are required of independent consultants 
and independent consultant teams. The regulation at 18 CFR 12.34(a) 
requires that the licensee obtain written approval of the independent 
consultant team from the Director of the Division of Dam Safety and 
Inspections (D2SI) prior to performing a periodic inspection or 
comprehensive assessment.
    The regulation at 18 CFR 12.34(b) requires that the licensee submit 
a detailed independent consultant team proposal to the Director of D2SI 
at least 180 days prior to performing a periodic inspection or 
comprehensive assessment. As part of this, the licensee must submit 
documentation of the experience and qualifications for all members of 
the independent consultant team, including one or more independent 
consultants and additional contributing members, as needed. This 
enables the Commission staff to evaluate the breadth and depth of the 
team's experience and ensure that it is commensurate with the scale, 
complexity, and technical disciplines of the project and type of review 
being performed. The Commission intends for a comprehensive assessment 
to require a higher level of experience and expertise than a periodic 
inspection, due to the broader scope of the comprehensive assessment.
    The regulation at 18 CFR 12.34(c) authorizes the Director of D2SI 
to disapprove an independent consultant team member, regardless of 
demonstrated experience and qualifications, for good cause, such as 
having a report rejected by the Commission within the preceding five 
years. This provision allows the Commission to ensure that independent 
consultants' inspections are performed by qualified parties.

18 CFR Part 12, Subpart F (Owner's Dam Safety Program)

Overview of Subpart F

    The regulation at 18 CFR 12.60 provides that subpart F applies to 
all licensees with dams or other project works with a high or 
significant hazard potential. The terms ``High hazard potential'' and 
``Significant hazard potential and ``Low hazard potential'' are defined 
at section 12.3(b)(13).

Owner's Dam Safety Program (ODSP) Document

    Section 12.62 provides that any ODSP Document that includes one or 
more dams or project features with a high hazard potential must 
designate a Chief Dam Safety Engineer.\3\ Other ODSPs may designate 
either a Chief Dam Safety Engineer or Chief Dam Safety Coordinator.\4\ 
Section 12.62 also requires that the ODSP must be signed by the Owner 
and, as applicable, the Chief Dam Safety Engineer or the Chief Dam 
Safety Coordinator.
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    \3\ Section 12.61(a) provides that a Chief Dam Safety Engineer 
is the designated individual, who is a licensed engineer, who 
oversees the implementation of the ODSP and has primary 
responsibility for ensuring the safety of the licensee's dam(s) and 
other project features.
    \4\ Section 12.61(b) provides that a Chief Dam Safety 
Coordinator is not required to be a licensed engineer but has the 
same responsibilities as a Chief Dam Safety Engineer.
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    The regulation at 18 CFR 12.63 requires the following additional 
contents of an ODSP document:
    (a) Dam safety policy, objectives, and expectations;
    (b) Responsibilities for dam safety;
    (c) Dam safety training program;
    (d) Communication, coordination, reporting, and reports;
    (e) Record keeping and databases; and
    (f) Continuous improvement;
    The regulation at 18 CFR 12.64 requires any ODSP to be reviewed by 
the licensee's dam safety staff and discussed with senior management on 
an annual basis. In addition, section 12.64 requires that any findings, 
analysis, corrective measures, or revisions be submitted to the D2SI 
Regional Engineer for possible revision. This requirement applies to 
any licensee with a dam or other project feature with a high or 
significant hazard potential.

ODSP Qualification Statement for External Audit or Peer Review

    The regulation at 18 CFR 12.65 applies to licensees of one or more 
dams or other project features classified as having a high hazard 
potential. Section 12.65(a) requires an independent external audit or 
peer review of the ODSP and its implementation. The audit or peer 
review is required to be performed at an interval not to exceed five 
years.
    Before the audit or peer review, 18 CFR 12.65(b) requires the 
licensee to submit to the Regional Engineer a statement of 
qualifications of the prospective auditor(s) or peer review team. The 
licensee must receive written acceptance of the statement of 
qualifications before performing the audit or peer review.

ODSP External Audit or Peer Review Report

    The regulation at 18 CFR 12.65(c) requires the auditor(s) or peer 
review team to document their findings in a report. The report must be 
reviewed by:
     The project's owner,
     The Chief Dam Safety Engineer or Chief Dam Safety 
Coordinator, and
     Management having responsibility in the area(s) audited or 
reviewed.
    Subsequently, the report on the audit or peer review must be 
submitted to the Regional Engineer.

ODSP Request for Extension of Time

    Typically, the Commission's letters to licensees pertaining to 
ODSPs and ODSP audits require submittal of a plan and schedule or 
report within a set period of time (e.g., provide a plan and schedule 
within 30 days from the date of this letter). Although neither the ODSP 
regulations nor any of the existing ODSP guidance documents expressly 
contemplate extension of time requests, there are times when a licensee 
cannot meet that schedule and therefore files a letter with Commission 
staff requesting an extension of time to complete ODSP-related tasks.
    Estimate of Annual Burden: \5\ The Commission estimates the burden 
and cost \6\ for this information collection as follows:
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    \5\ 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. For 
further explanation of what is included in the information 
collection burden, refer to 5 CFR part 1320.
    \6\ The Commission staff believes that industry is similarly 
situated to the Commission in terms of cost for wages and benefits. 
Based on FERC's current annual average cost of $207,786 (for salary 
plus benefits) for a full-time equivalent, the average hourly cost 
is $100/hour. Therefore, the hourly cost used in the burden 
calculation is $100.
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    In the tables below, the burden estimates for team proposals and 
reports involving PIs and CAs, define a single response as the 
consolidated filings during the typical ten-year cycle for Independent 
Consultant's Safety Inspections (one PI and one CA each during the ten-
year period). Therefore, the estimated average number of annual 
responses for the consolidated filings is averaged over the ten-year 
period and represented as 0.1 responses on average per year.

[[Page 314]]



                          FERC-517--Direct and Indirect Annual Burden and Cost Changes
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                                            C. Avg. number   D. Avg. annual
                                B. Number      of annual     burden hrs. and   E. Total number   F. Total annual
     A. Type of response            of       responses per      cost per          of annual      burden hrs. and
                               respondents    respondent        response          responses           cost
                               ...........  ..............                      (col. B x col.  (col. D x col.
                                                                                            C)   E)
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Applicant's or Licensee's               65            2.14  2 hrs.; $200....            139.10  278.20 hrs.;
 Report of Project-Related                                                                       $27,820.
 Deaths, Serious Injuries, or
 Rescues.
Ind. Cons. Team Proposals and          375             0.1  12 hrs.; $1,200.             37.50  450 hrs.;
 Reports on PIs and CAs--                                                                        $45,000.
 Simple Facility \7\.
Ind. Cons. Team Proposals and          375             0.1  32.6 hrs.;                   37.50  1,222.50 hrs.;
 Reports on PIs and CAs--                                    $3,260.                             $122,250.
 Complex Facility \8\.
Licensee's Request for                  10               1  2 hrs.; $200....                10  20 hrs.; $2,000.
 Exemption.
ODSP Document--Small Program           180             0.2  60 hrs.; $6,000.                36  2,160 hrs.;
 \9\.                                                                                            $216,000.
ODSP Document--Large Program            45             0.2  120 hrs.;                        9  1,080 hrs.;
 \10\.                                                       $12,000.                            $108,000.
ODSP Document Revision.......          225               1  6 hrs.; $600....               225  1,350 hrs.;
                                                                                                 $135,000.
ODSP Qualification Statement           225             0.2  8 hrs.; $800....                45  360 hrs.;
 for External Audit or Peer                                                                      $36,000.
 Review.
ODSP External Audit or Peer            180             0.2  62 hrs.; $6,200.                36  2,232 hrs.;
 Review Report--Small Program                                                                    $223,200.
 \11\.
ODSP External Audit or Peer             45             0.2  242 hrs.;                        9  2,178 hrs.;
 Review Report--Large Program                                $24,200.                            $217,800.
 \12\.
ODSP Request for Extension of            5               1  4 hrs.; $400....                 5  20 hrs.; $2,000.
 Time.
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    Total Hours and Costs....        1,730  ..............  ................               589  11,350.5 hrs.;
                                                                                                 $1,135,050.
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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 estimate 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.
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    \7\ Includes direct and contracting burden and cost.
    \8\ Includes direct and contracting burden and cost.
    \9\ This information collection activity applies to each 
licensee with dams or other project features with a high or 
significant hazard potential, but with fewer than three such dams or 
other project features.
    \10\ This information collection activity applies to each 
licensee with three or more dams or project features with a high or 
significant hazard potential.
    \11\ This information collection activity applies to each 
licensee with dams or other project features with a high hazard 
potential, but with fewer than three such dams or project features. 
The burden estimates for this activity include direct and 
contracting burdens and costs.
    \12\ This information collection activity applies to each 
licensee with three or more dams or project features with a high 
hazard potential. The burden estimates for this information 
collection activity include direct and contracting burdens and 
costs.

    Dated: December 27, 2024.
Carlos D. Clay,
Acting Deputy Secretary.
[FR Doc. 2024-31565 Filed 1-2-25; 8:45 am]
BILLING CODE 6717-01-P