
[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[Notices]               
[Page 70988-70990]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no08-87]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC09-716-000, FERC-716]

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

November 18, 2008.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed information collection and request for 
comments.

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SUMMARY: In compliance with the requirements of section 3506(c)(2)(a) 
of the Paperwork Reduction Act of 1995 (Pub. L. No. 104-13), the 
Federal Energy Regulatory Commission (Commission) is soliciting public 
comment on the specific aspects of the information collection described 
below.

DATES: Comments in consideration of the collection of information are 
due January 23, 2009.

ADDRESSES: An example of this collection of information may be obtained 
from the Commission's Web site at (http://www.ferc.gov/docs-filing/
elibrary.asp). Comments may be filed either electronically or in paper 
format, and should refer to Docket No. IC09-716-000. Documents must be 
prepared in an acceptable filing format and in compliance with the 
Federal Energy Regulatory Commission submission guidelines at http://
www.ferc.gov/help/submission-guide.asp.
    Comments may be filed electronically via the eFiling link on the 
Commission's Web site at http://www.ferc.gov. First time users will 
have to establish a user name and password (http://www.ferc.gov/docs-
filing/eregistration.asp) before eFiling. The Commission will send an 
automatic acknowledgement to the sender's e-mail address upon receipt 
of comments through eFiling.
    Commenters filing electronically should not make a paper filing. 
Commenters that are not able to file electronically must send an 
original and 14 copies of their comments to: Federal

[[Page 70989]]

Energy Regulatory Commission, Secretary of the Commission, 888 First 
Street, NE., Washington, DC 20426.
    Users interested in receiving automatic notification of activity in 
this docket may do so through eSubscription (at http://www.ferc.gov/
docs-filing/esubscription.asp). In addition, all comments and FERC 
issuances may be viewed, printed or downloaded remotely through FERC's 
Web site using the ``eLibrary'' link and searching on Docket Number 
IC09-716. For user assistance, contact FERC Online Support (e-mail at 
ferconlinesupport@ferc.gov, or call toll-free at (866) 208-3676, or for 
TTY, contact (202) 502-8659).

FOR FURTHER INFORMATION CONTACT: Michael Miller 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 FERC is now combining the requirements 
from both FERC-716 (``Good Faith Request for Transmission Service and 
Response by Transmitting Utility Under sections 211(a) and 213(a) of 
the Federal Power Act'' (OMB No. 1902-0170)) and FERC-716A 
(``Application for Transmission Services Under section 211 of the 
Federal Power Act'' (OMB No. 1902-0168)) into a single notice. In 
addition, the requirements will be labeled FERC-716 and consolidated 
into a single OMB control no. (OMB No. 1902-0170).
    The information collected under the requirements of FERC-716 ``Good 
Faith Request for Transmission Service and Response by Transmitting 
Utility Under sections 211(a) and 213(a) of the Federal Power Act'' 
(existing/current OMB No. 1902-0170) is used by the Commission to 
implement the statutory provisions of sections 211 and 213 of the 
Federal Power Act (FPA) as amended and added by the Energy Policy Act 
1992. For the initial process, the information is not filed with the 
Commission, however, the request and response may be analyzed as a part 
of a section 211 proceeding. This collection of information covers the 
information that must be contained in the request and in the response. 
Should the parties be unable to resolve outstanding issues, an 
application may be submitted to the FERC. The Commission may order 
transmission services under the authority of FPA 211.
    The Energy Policy Act of 1992 amended section 211 of the FPA and 
expanded the Commission's authority to order transmission service. 
Under the revised section 211, the Commission may order transmission 
services if it finds that such action would be in the public interest, 
would not unreasonably impair the continued reliability of electric 
systems affected by the order, and would meet the requirements of 
amended section 211 of the FPA.
    The Commission's policy statement under Public Law 93-3, Policy 
Statement Regarding Good Faith Requests for Transmission Services and 
Responses by Transmitting Utilities Under section 211(a) and 213(a) of 
the Federal Power Act, as Amended, implemented a data exchange between 
a transmission requester and a transmitting utility prior to the 
submission of a section 211 request with the Commission. Components of 
the data exchange are identified in the Code of Federal Regulations 
(CFR), 18 CFR 2.20. The general policy sets forth standards by which 
the Commission determines whether and when a valid good faith request 
for transmission has been made under section 211 of the FPA. In 
developing the standards, the Commission sought to encourage an open 
exchange of information with a reasonable degree of specificity and 
completeness between the party requesting transmission services and the 
transmitting utility. As a result, 18 CFR 2.20 identifies twelve 
components of a good faith estimate and five components of a reply to a 
good faith request.
    Information in the data exchange is not filed as noted above with 
the Commission, unless negotiations between the transmission requestor 
and the transmitting utility have not been successful and the 
transmission requestor files a section 211 request (formerly FERC-716A, 
1902-0168, and incorporated herein) with the Commission.
    When negotiations are unsuccessful, the information collected for 
the ``Application for Transmission Services Under section 211 of the 
Federal Power Act'' is used by the Commission to implement the 
statutory provisions of section 211 of the Federal Power Act (FPA) 16 
U.S.C. (824) as amended by the Energy Policy Act 1992 (Pub. L. 102-486) 
106 Stat. 2776. Under section 211, the Commission may order 
transmission services if it finds that such action would be in the 
public interest and would not unreasonably impair the continued 
reliability of systems affected by the order. The requirements are 
detailed in the Code of Federal Regulations (CFR) under 18 CFR part 36.
    Action: The Commission is requesting a three-year extension of the 
current expiration date, with no changes to the existing collection of 
data. The existing requirements for the collections formerly known as 
FERC-716 and FERC-716A are being combined here under FERC-716.
    Burden Statement: Public reporting burden for this collection is 
estimated as:

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                                             Number of         Number of       Average burden
     FERC data collection FERC-716          respondents      responses per       hours per        Total annual
                                             annually         respondent          response        burden hours
                                                      (1)               (2)              (3)         (1)x(2)x(3)
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Information exchange between parties...                 3                 1              100                 300
Application submitted to FERC if                        3                 1                2.5                 8
 parties' negotiations are unsuccessful
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    Total..............................                 3                 2  .................               308
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    For the information exchange, the estimated cost burden to 
respondents is $18,228.00 (300 hours / 2080 hours per year x $126,384 
per year average per employee = $18,228.00). The cost per respondent is 
$6,076.00. For the application to FERC, the estimated cost burden to 
respondents is $486.00 (8 hours / 2080 hours per year x $126,384 per 
year average per employee = $486.00). The cost per respondent is 
$162.00. The total burden hours per year for the information exchange 
and the application would be 308.
    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;

[[Page 70990]]

(3) adjusting the existing ways to comply with any previously 
applicable instructions and requirements; (4) training personnel to 
respond to a collection of information; (5) searching data sources; (6) 
completing and reviewing the collection of information; and (7) 
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 
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 e.g., permitting electronic submission of 
responses.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-27813 Filed 11-21-08; 8:45 am]

BILLING CODE 6717-01-P
