In accordance with 5 CFR 1320, the information collection is approved for three years.
Inventory as of this Action
Requested
Previously Approved
02/28/2018
36 Months From Approved
09/30/2017
205
0
125
4,945
0
4,625
0
0
0
RM14-22, Final Rule. FERC is amending Parts 4 and 380 of its regulations to conform to the Hydropower Regulatory Efficiency Act of 2013 (Hydropower Efficiency Act or Act). On 8/9/2013, Congress enacted the Hydropower Efficiency Act to encourage the hydropower industry to utilize non-power dams for electric generation, noting that roughly 97 percent of the 80,000 dams in the United States do not generate electricity. Congress recognized that it could encourage hydropower development by reducing costs and regulatory burden during the project study and licensing stages. To that end, the Hydropower Efficiency Act amends statutory provisions pertaining to preliminary permits and projects that are exempt from licensing.
Although FERC has been complying with the Hydropower Efficiency Act, and made its compliance procedures available on its website, this Final Rule now formalizes the Commission's compliance procedures in its revised regulations on preliminary permits, small conduit hydroelectric facilities, and small hydroelectric power projects, and in a new subpart on qualifying conduit hydropower facilities.
FERC-512, in general. FERC is responsible for licensing nonfederal hydropower projects if they are on lands or waters subject to Congressional authority. Part I of the Federal Power Act(FPA) gives FERC the authority to issue licenses for hydroelectric projects on these waters. FERC issues licenses for terms up to 50 years for projects "best adapted to a comprehensive plan" for improving a waterway for beneficial public purposes. Benefits include power generation, irrigation, flood control, navigation, fish and wildlife, municipal water supply, and recreation. Preliminary permits, issued for three years, reserve rights to study the feasibility of hydropower development at a specific site, but do not authorize construction of any hydropower facilities. The application for preliminary permit process is pursuant to FERC's defined role, as mandated under Sections 4(f), 5 and 7 of the Federal Power Act.
The purpose of obtaining a preliminary permit as noted above, is to maintain a priority status for an application for a license, while the applicant conducts site examinations and surveys to prepare maps, plans, specifications and estimates. This period of time also provides the applicant with the opportunity to conduct engineering, economic and environmental feasibility studies; plus make the financial arrangements for funding the construction of the site. The conditions under which the priority will be maintained are set forth in each permit. During the term of the permit, no other application for a preliminary permit or application for license submitted by another party can be accepted.
On August 9, 2013, Congress enacted the Hydropower Regulatory Efficiency Act of 2013 (Hydropower Efficiency Act) to encourage the hydropower industry to utilize non-power dams for electric generation, noting that roughly 97 percent of the 80,000 dams in the United States do not generate electricity. Congress recognized that it could encourage hydropower development by reducing costs and regulatory burden during the project study and licensing stages. To that end, Congress amended statutory provisions pertaining to preliminary permits and projects that are exempt from licensing.
In response, the Commission issued the Final Rule in Docket No. RM14-22-000, amending Parts 4 and 380 of its regulations to conform to the Hydropower Efficiency Act. Although the Commission has been complying with the Hydropower Efficiency Act since its enactment, and made its compliance procedures available on its website, the Final Rule now formalizes the Commission's compliance procedures in its revised regulations on preliminary permits and exemptions, and in a new subpart on qualifying conduit hydropower facilities.
The changes in burden and nos. of respondents and responses are due to the new legislation and FERC's implementing regulations as promulgated in the final rule in RM14-22.
$774,695
No
No
No
No
No
Uncollected
Sheila Lampitoc 202 502-6193
No
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:
(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;
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.
RM14-22-Part4-ecfr12-19-14.docx
RM14-22 FERC-512-500 supporting statement2-19-15.doc
RM14-22 30-day notice.pdf
FERC-512, Preliminary Permit