FERC-914, Cogeneration and Small Power Production - Tariff Filings

Forms and Documents

Document Name	Status
ISSUED IC12-14-000 (FERC-914) 30 day Errata notice.doc Supplementary Document	2012-08-21
Accepted Revisions to FINAL IC12-14-000 (FERC-914) Supporting Statement update.docx Supporting Statement A	2012-11-23
PUBLISHED IC12-14 (FERC-914) 30dy.pdf Supplementary Document	2012-08-15
PUBLISHED IC12-14-000(FERC-914)-60dy.pdf Supplementary Document	2012-08-15
16 USC 2601 (PURPA).pdf Supplementary Document	2012-08-14
16 USC 824f.pdf Supplementary Document	2012-08-14
16 USC 824e.pdf Supplementary Document	2012-08-14
16 USC 824d.pdf Supplementary Document	2012-08-14
18 CFR Part 292.pdf Supplementary Document	2012-08-14
18 CFR Part 35.pdf Supplementary Document	2012-08-14

IC Document Collections

IC ID	Document Title	Status
23279	FERC-914, Cogeneration and Small Power Production-Tariff Filings (FPA 205 filings & change of status)	Modified

ICR Details

OMB Control No: 1902-0231	ICR Reference No: 201208-1902-002
Status: Historical Active	Previous ICR Reference No: 200906-1902-002
Agency/Subagency: FERC	Agency Tracking No: FERC-914
Title: FERC-914, Cogeneration and Small Power Production - Tariff Filings
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 11/27/2012
	Date Received in OIRA: 08/21/2012
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2015	36 Months From Approved	11/30/2012
Responses	100	0	400
Time Burden (Hours)	9,300	0	43,400
Cost Burden (Dollars)	0	0	2,676,966

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Abstract: Section 1253(a) and (b) of the Energy Policy Act of 2005 (EPACT 2005) modified Section 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA). The modification included changing the exemptions from the Federal Power Act (FPA) and from the Public Utilities Holding Company Act (PUHCA) available to qualifying cogeneration and small power production facilities. The Commission implemented the Congressional mandate of the Energy Policy Act of 2005 (EPAct 2005) to establish criteria for new qualifying cogeneration facilities by: • amending the exemptions available to qualifying facilities from the FPA and from PUHCA (resulting in the burden imposed by FERC-914, the subject of this statement); • ensuring that these facilities are using their thermal output in a productive and beneficial manner; that the electrical, thermal, chemical and mechanical output of new qualifying cogeneration facilities is used fundamentally for industrial, commercial, residential or industrial purposes; and there is continuing progress in the development of efficient electric energy generating technology; • amending the FERC Form 556 to reflect the criteria for new qualifying cogeneration facilities; and • eliminating ownership limitations for qualifying cogeneration and small power production facilities. The Commission satisfied the statutory mandate and its continuing obligation to review its policies encouraging cogeneration and small power production, energy conservation, efficient use of facilities and resources by electric utilities and equitable rates for energy customers. The Commission issued Orders Nos. 671 and 671-A to revise related regulations. The Commission eliminated certain exemptions from rate regulation that were previously available to qualifying facilities (QFs). New QFs may need to make tariff filings if they do not meet the new exemption requirements. In the FERC-914, those qualifying cogeneration and small power production facilities, required to do so, will submit to FERC: • FPA Section 205, 206 and 207 filings, • Electric quarterly reports, and • Change of status notifications. Section 205 filings refer to Section 205(c) of the Federal Power Act (FPA) which requires that every public utility have all of its jurisdictional rates and tariffs on file with the Commission and make them available for public inspection, within such time and in such form as the Commission may designate. Section 205(d) of the FPA requires that every public utility must provide notice to the Commission and the public of any changes to its jurisdictional rates and tariffs, file such changes with the Commission, and make them available for public inspection, in such manner as directed by the Commission. In addition, FPA section 206 requires the Commission, upon complaint or its own motion, to modify existing rates or services that the Commission finds to be unjust, unreasonable, unduly discriminatory or preferential. FPA section 207 requires the Commission, upon complaint by a state commission and a finding of insufficient interstate service, to order the rendering of adequate interstate service by public utilities, the rates for which would be filed in accordance with FPA sections 205 and 206. Finally, the QFs and small power production facilities must provide the Commission with change of status notifications.

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Authorizing Statute(s): US Code: 16 USC 824d-f Name of Law: Federal Power Act (FPA)
   PL: Pub.L. 109 - 58 1253(a), (b) Name of Law: Energy Policy Act of 2005 (EPAct 2005)
   US Code: 16 USC 2601 Name of Law: Public Utility Regulatory Policies Act of 1978 (PURPA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 31342	05/25/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 47049	08/07/2012
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
FERC-914, Cogeneration and Small Power Production-Tariff Filings (FPA 205 filings & change of status)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	100	400	0	0	-300	0
Annual Time Burden (Hours)	9,300	43,400	0	0	-34,100	0
Annual Cost Burden (Dollars)	0	2,676,966	0	0	-2,676,966	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The requirements within FERC-914 did not change. However, previous burden estimates included Electronic Quarterly Reports (EQR) within the burden upon respondents for FERC-914. The Commission already accounts for the burden of all EQR filings in FERC-920 (ICR Reference No: 201206-1902-003) [including any/all burden incurred by cogenerators or small power producers (i.e. any respondent of the FERC-914)]. The Commission proposes the removal of the EQR hourly burden from FERC-914 to avoid the redundant counting of those burden hours. Additionally, the Commission did not accurately depict the annual aggregate number of responses within earlier clearance packages. The Commission estimated four annual responses per respondent for EQR filings for established facilities. The Commission estimates every other type of filing within this information collection at one annual response per respondent. These factors resulted in a total of 600 responses for the FERC-914, not 400 responses as previously (and erroneously) presented as the annual average. This correction along with the removal of EQR responses and subsequent analysis (described more fully in the supporting statement)resulted in 100 total annual responses for the current FERC-914 clearance package. (Annually, the 100 responses include an estimated 50 FPA Section 205 filings (at 183 burden hrs. each) and 50 Change of Status filings (at 3 hrs. each).)

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Annual Cost to Federal Government: $231,252

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/21/2012

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