FERC-912, PURPA Section 210(m) Notification Requirements Applicable to Cogeneration and Small Power Production Facilities

Forms and Documents

Document Name	Status
912_30day_20190403-3038.docx Supplementary Document	2019-04-08
912_eCFR_18CFR292.docx Supplementary Document	2019-04-03
FERC-912 supp state 4-2-2019.doc Supporting Statement A	2019-04-03
912_IC19-10_60day_20181231-3029.docx Supplementary Document	2019-03-25
912_60day_FR1-31-19_2019-00535.pdf Supplementary Document	2019-03-25
PL109-58 (EPAct 2005).pdf Supplementary Document	2016-01-08
16 USC 824a-3 (PURPA 1978).pdf Supplementary Document	2016-01-08
Order 671.pdf Supplementary Document	2012-12-17

IC Document Collections

IC ID	Document Title	Status
23265	PURPA Section 210(m) Notification Requirements Applicable to Cogeneration and Small Power Production Facilities	Modified

ICR Details

OMB Control No: 1902-0237	ICR Reference No: 201903-1902-010
Status: Historical Active	Previous ICR Reference No: 201512-1902-002
Agency/Subagency: FERC	Agency Tracking No: FERC-912
Title: FERC-912, PURPA Section 210(m) Notification Requirements Applicable to Cogeneration and Small Power Production Facilities
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 without change	Conclusion Date: 09/09/2019
	Date Received in OIRA: 04/08/2019
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	09/30/2022	36 Months From Approved	09/30/2019
Responses	9	0	5
Time Burden (Hours)	100	0	60
Cost Burden (Dollars)	0	0	0

---

Abstract: The use of FERC-912 is necessary to provide the Commission with the information needed to determine whether an order is appropriate to either terminate or reinstate the purchasing or selling of energy under PURPA section 210(m). The Commission's implementing regulations, found in 18 CFR Part 292, provide the following procedures: • §292.310 an electric utility's application for the termination of its obligation to purchase energy from a QF, • §292.311 an affected entity or person's application to the Commission for an order reinstating the electric utility's obligation to purchase energy from a QF, • §292.312 an electric utility's application for the termination of its obligation to sell energy and capacity to QFs, and • §292.313 an affected entity or person's application to the Commission for an order reinstating the electric utility's obligation to sell energy and capacity to QFs. Note that the reinstatement of an electric utility's obligation to sell or purchase electric power to/from a QF depends on a Commission determination that the qualifications that relieved the utility from the obligation of purchase or sale are no longer met. The Commission uses the information collected by FERC-912 to determine if an order is appropriate and required under PURPA section 210(m). Without this collection of information, the Commission would not be able to carry out its obligations under PURPA section 210(m). The 30-day Notice is Docket No. IC19-10-000 being published in the Federal Register on 4/9/2019. (The metadata [FR page no. and date] here is a placeholder.)

---

Authorizing Statute(s): PL: Pub.L. 95 - 617 2601 Name of Law: Public Utility Regulatory Policies Act of 1978
   PL: Pub.L. 109 - 58 1253 Name of Law: Energy Policy Act of 2005
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 700	01/31/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 9999	04/08/2019
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
PURPA Section 210(m) Notification Requirements Applicable to Cogeneration and Small Power Production Facilities

---

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	9	5	0	0	4	0
Annual Time Burden (Hours)	100	60	0	0	40	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: Over the past three years, there have not been any filings for the reinstatement of the obligation to purchase and for the reinstatement of the obligation to sell. The regulations remain active and part of this OMB Control No., but staff does not expect any filings to be made in the next three years in those areas. (Question #12 in the supporting statement shows zero filings expected for those areas.) Over the past three years, the Commission has received a total average of 9 filings per year for the termination of the obligation to purchase and the termination of the obligation to sell, thus warranting the numbers seen in the tables. The changes are due to normal business fluctuations in energy markets.

---

Annual Cost to Federal Government: $54,377

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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

---

Common Form ICR:  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:

(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: 04/08/2019

---