
[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Notices]               
[Page 70339-70340]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no08-52]                         

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[IC09-598-000, FERC-598]

 
Commission Information Collection Activities, Proposed 
Collection; Comment Request; Extension

November 14, 2008.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the requirements of section 3507 of the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy 
Regulatory Commission (Commission) is soliciting public comment on the 
specific aspects of the information collection described below.

DATES: Comments on the information collection are due by January 22, 
2009.

ADDRESSES: An example of this information collection may be obtained 
from the Commission's Web site (http://www.ferc.gov/docs-filings/
elibrary.asp) under the ``EG'' or ``FC'' docket prefix heading. 
Comments may be filed either electronically or in paper format. Those 
parties filing electronically do not need to make a paper filing. For a 
paper filing an original and 14 copies of such comments should be 
submitted to the Secretary of the Commission, Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426, and both the 
electronic and paper filings should refer to Docket No. IC09-598-000.
    Documents filed electronically via the Internet must be prepared in 
an acceptable filing format and in compliance with the Commission's 
submission guidelines. Complete filing instructions and acceptable 
filing formats are available at http://www.ferc.gov/help/submission-
guide.asp. To file the document, access the Commission's Web site at 
http://www.ferc.gov, choose the Documents & Filings tab, click on E-
Filing (http://www:ferc.gov/docs-filing/efiling.asp), and then follow 
the instructions for each screen. First time users will have to 
establish a user name and password (http://www.ferc.gov/docs-filing/
eregistration.asp). The Commission will send an automatic 
acknowledgement to the sender's e-mail address upon receipt of 
comments.
    All comments may be viewed, printed or downloaded remotely via the 
Internet through the Commission's homepage using the eLibrary link. For 
user assistance, contact FERC Online Support (e-mail 
ferconlinesupport@ferc.gov or call toll free at (866) 208-3676 or for 
TTY, contact (202) 502-8659. In addition, users interested in tracking 
the docket activity, may do so through eSubscription (http://
www.ferc.gov/docs-filing/esubscription.asp).

FOR FURTHER INFORMATION CONTACT: Michael Miller, Federal Energy 
Regulatory Commission, 888 First St., NE., Washington, DC 20426. He may 
be reached by telephone at (202) 502-8415, by fax at (202) 273-0873, 
and by e-mail at michael.miller@ferc.gov.

SUPPLEMENTARY INFORMATION: The information collected under the 
requirements of FERC-598 ``Self Certification for Entities Seeking 
Exempt Wholesale Generator or Foreign Utility Company Status'' (OMB 
Control No. 1902-0166) is used by the Commission to implement the 
statutory provisions of Title XII, subchapter F of the Energy Policy 
Act of 2005 (EPAct 2005).\1\
---------------------------------------------------------------------------

    \1\ Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 594 
(2005) (codified at 42 U.S.C. 16451, et seq.).
---------------------------------------------------------------------------

    EPAct 2005 repealed the Public Utility Holding Company Act of 1935 
(PUHCA 1935) in its entirety, including section 32, which provided for 
the Commission to exempt wholesale generators from PUHCA 1935 on a 
case-by-case basis, upon application.

[[Page 70340]]

Following the repeal of PUHCA 1935 and the enactment of PUHCA 2005, in 
Order No. 667 \2\ the Commission amended its regulations to add 
procedures for self-certification by entities seeking exempt wholesale 
generator (EWG) and foreign utility company (FUCO) status. This self-
certification is similar to the process available to entities that seek 
qualifying facility status.
---------------------------------------------------------------------------

    \2\ Repeal of the Public Utility Holding Company Act of 1935 and 
Enactment of the Public Utility Holding Company Act of 2005, 70 FR 
75,592 (2005), FERC Statutes and Regulations ] 31,197 (2005), order 
on reh'g, 71 FR 28,446 (2006), FERC Statutes and Regulations ] 
31,213 (2006), order on reh'g, 71 FR 42,750 (2006), FERC Statutes 
and Regulations ] 31,224 (2006), order on reh'g, FERC ] 61,133 
(2007).
---------------------------------------------------------------------------

    An EWG is a ``person engaged directly or indirectly through one or 
more affiliates, and exclusively in the business of owning or 
operating, or both owning and operating, all or part of one or more 
eligible facilities and selling electric energy at wholesale.'' \3\ A 
FUCO is a company that ``owns or operates facilities that are not 
located in any state and that are used for the generation, 
transmission, or distribution of electric energy for sale or the 
distribution at retail of natural or manufactured gas for heat, light, 
or power, if such company: (1) Derives no part of its income, directly 
or indirectly, from the generation, transmission, or distribution of 
electric energy for sale or the distribution at retail of natural or 
manufactured gas for heat, light, or power, within the United States; 
and (2) neither the company nor any of its subsidiary companies is a 
public-utility company operating in the United States''.\4\
---------------------------------------------------------------------------

    \3\ 18 CFR 366.1.
    \4\ 18 CFR 366.1.
---------------------------------------------------------------------------

    An exempt EWG or FUCO or its representative may file with the 
Commission a notice of self certification demonstrating that it 
satisfies the definition of exempt wholesale generator or foreign 
utility company. In the case of EWGs, the person filing a notice of 
self certification must also file a copy of the notice of self 
certification with the state regulatory authority of the state in which 
the facility is located and that person must also represent to the 
Commission in its submission that it has filed a copy of the notice 
with the appropriate state regulatory authority.\5\
---------------------------------------------------------------------------

    \5\ 18 CFR 366.7.
---------------------------------------------------------------------------

    A submission of the information is necessary for the Commission to 
carry out its responsibilities under EPAct 2005.\6\ The Commission 
implements its responsibilities through the Code of Federal Regulations 
18 CFR Part 366. These filing requirements are mandatory.
---------------------------------------------------------------------------

    \6\ 42 U.S.C. 16451 et seq.
---------------------------------------------------------------------------

    Action: The Commission is requesting a three-year extension of the 
current expiration date without any changes to the reporting 
requirements.
    Burden Statement: Public reporting burden for this collection is 
estimated as:


----------------------------------------------------------------------------------------------------------------
                                                                  Number of      Average burden
                Number of respondents annually                  responses per      hours per       Total annual
                                                                  respondent        response       burden hours
(1)                                                                       (2)              (3)      (1)x(2)x(3)
----------------------------------------------------------------------------------------------------------------
199..........................................................               1                6            1,194
----------------------------------------------------------------------------------------------------------------

    The estimated total cost to respondents is $72,549 [1,194 hours / 
2080 \7\ hours per year x $126,384 \8\ per year = $72,549]. The cost 
per respondent is equal to $364.
---------------------------------------------------------------------------

    \7\ Number of hours an employee works per year.
    \8\ Average annual salary per employee.
---------------------------------------------------------------------------

    The reporting burden includes the total time, effort, or financial 
resources expended to generate, maintain, retain, disclose, or provide 
the information including: (1) Reviewing instructions; (2) developing, 
acquiring, installing, and utilizing technology and systems for the 
purposes of collecting, validating, verifying, processing, maintaining, 
disclosing and providing information; (3) training personnel to respond 
to an information collection; (4) searching data sources; (5) preparing 
and reviewing the information collection; and (6) transmitting or 
otherwise disclosing the information.
    The estimate of cost for respondents is based upon salaries for 
professional and clerical support, as well as direct and indirect or 
overhead costs. Direct costs include all costs directly attributable to 
providing this information, such as administrative costs and the cost 
for information technology. Indirect or overhead costs are costs 
incurred by an organization in support of its mission. These costs 
apply to activities which benefit the whole organization rather than 
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed 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 of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information to be collected; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.

Kimberly Bose,
Secretary.
[FR Doc. E8-27563 Filed 11-19-08; 8:45 am]

BILLING CODE 6717-01-P
