FERC-516H, Electric Rate Schedules and Tariff Filings, in Final Rule in Docket No. RM18-9-000

Forms and Documents

Document Name	Status
RM18-9 supporting statement 10 23 2020.docx Supporting Statement A	2020-10-23
16 U.S.C. 924e.pdf Supplementary Document	2020-09-18
18 CFR 35.28.pdf Supplementary Document	2020-09-18
Remarks of Chairman 9 2020.pdf Supplementary Document	2020-09-18
der-reportRM18-9_RM16-23_2-27-18.pdf Supplementary Document	2018-02-28

IC Document Collections

IC ID	Document Title	Status
243693	Software Update Due to FInal Rule in RM18-9	New
243692	One-Time Tariff Filing Due to RM18-9-000 Final Rule	New
229972	One-time tariff filing due to RM16-23 Final Rule	Removed

ICR Details

OMB Control No: 1902-0303	ICR Reference No: 202009-1902-003
Status: Received in OIRA	Previous ICR Reference No: 201801-1902-003
Agency/Subagency: FERC	Agency Tracking No: FERC-516H
Title: FERC-516H, Electric Rate Schedules and Tariff Filings, in Final Rule in Docket No. RM18-9-000
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/28/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	05/31/2021
Responses	12	6
Time Burden (Hours)	18,174	9,000
Cost Burden (Dollars)	0	0

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Abstract: The Commission has issued a final rule to amend 18 CFR 35.28. (The NOPR was issued 11/17/2016 in Docket No. RM16-23 [RIN 1902-AF18) and submitted to OMB under FERC-516 (OMB Control No. 1902-0096). The related Final Rule in Docket No. RM18-9 [RIN 1902-AF73], being submitted here, was published on 10/21/2020 (85 FR 67094). Because the NOPR and Final Rule have different RIN nos., due to ROCIS constraints, we have entered the NOPR information in the 60-day metadata fields below and the Final Rule metadata in the 30-day metadata fields. As revised in the final rule, 18 CFR 35.28 requires regional transmission organizations (RTOs) and independent system operators (ISOs) to revise their tariffs and thereby remove barriers to the participation of distributed energy resource (DER) aggregations in the capacity, energy, and ancillary service markets operated by RTOs and ISOs. In the preamble of the final rule, the Commission acknowledged that some commenters have concerns about the ability of modeling and dispatch software to handle a large number of small DER aggregations. Therefore, the Commission stated a commitment to consider any future post-implementation requests to increase the minimum size requirement above 100 kW if the RTO/ISO demonstrates that it is experiencing difficulty calculating efficient market results and there is not a viable software solution for improving such calculations. In addition, the Commission is including software updating among the estimated information collection burdens.

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Authorizing Statute(s): US Code: 16 USC 824e Name of Law: Federal Power Act
  

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:
	81 FR 86522	11/30/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 67094	10/21/2020
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Software Update Due to FInal Rule in RM18-9
One-time tariff filing due to RM16-23 Final Rule
One-Time Tariff Filing Due to RM18-9-000 Final Rule

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ICR Summary of Burden

	Total Request	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	12	6	0	6	0	0
Annual Time Burden (Hours)	18,174	9,000	0	9,174	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: Each RTO and ISO will now be required to revise its tariff to establish a participation model consisting of market rules that facilitates the participation of DER aggregations in the RTO/ISO markets. Software updating also will be required. These requirements are program changes to FERC-516H that are due to the final rule in RM18-9-000. In addition, the Commission is removing the one-time tariff filing due to the final rule in RM16-23-000, since that final rule pertains only to electric storage resources. These program changes have the following net effects: 6 more responses, and 9,174 more hour burdens.

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Annual Cost to Federal Government: $574,408

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? No

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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: 10/28/2020

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