
[Federal Register: February 2, 2009 (Volume 74, Number 20)]
[Notices]               
[Page 5827-5828]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe09-26]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC09-598-001]

 
Commission Information Collection Activities (FERC-598); Comment 
Request; Submitted for OMB Review

January 26, 2009.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

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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) has submitted the information 
collection described below to the Office of Management and Budget (OMB) 
for review of the information collection requirements. Any interested 
person may file comments directly with OMB and should address a copy of 
those comments to the Commission as explained below. The Commission 
received no comments in response to the Federal Register notice 
(73FR70339, 11/20/2008) and has made this notation in its submission to 
OMB.

DATES: Comments on the collection of information are due by February 
24, 2009.

ADDRESSES: Address comments on the collection of information to the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. 
Comments to OMB should be filed electronically, c/o oira_
submission@omb.eop.gov and include OMB Control Number 1902-0166 as a 
point of reference. The Desk Officer may be reached by telephone at 
202-395-7345.
    A copy of the comments should also be sent to the Federal Energy 
Regulatory Commission and should refer to Docket No. IC09-598-001. 
Comments may be filed either electronically or in paper format. Those 
persons filing electronically do not need to make a paper filing. 
Documents filed electronically via the Internet must be prepared in an 
acceptable filing format and in compliance with the Federal Energy 
Regulatory Commission submission guidelines. Complete filing 
instructions and acceptable filing formats are available at http://
www.ferc.gov/help/submission-guide/electronic-media.asp. To file the 
document electronically, access the Commission's Web site and click on 
Documents & Filing, 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. The 
Commission will send an automatic acknowledgement to the sender's e-
mail address upon receipt of comments.
    For paper filings, an original and 2 copies of the comments should 
be submitted to the Federal Energy Regulatory Commission, Secretary of 
the Commission, 888 First Street, NE., Washington, DC 20426, and should 
refer to Docket No. IC09-598-001.
    All comments may be viewed, printed or downloaded remotely via the 
Internet through FERC's homepage using the ``eLibrary'' link. For user 
assistance, contact ferconlinesupport@ferc.gov or 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 information collected under 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\
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    \1\ Energy Policy Act of 2005, Public Law No. 109-58, 119 Stat. 
594 (2005) (codified at 42 U.S.C. 16451, et seq.).
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    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. 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.
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    \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).
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    An EWG is a ``person engaged directly or indirectly through one or 
more affiliates, and exclusively in the

[[Page 5828]]

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\
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    \3\ 18 CFR 366.1.
    \4\ Ibid.
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    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\
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    \5\ 18 CFR 366.7.
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    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.
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    \6\ 42 U.S.C. 16451 et seq.
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    Action: The Commission is requesting a three-year extension of the 
current expiration date, with no change to the existing collection of 
data.
    Burden Statement: Public reporting burden for this collection is 
estimated as:

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                                                 Number of        Number of      Average burden    Total annual
            FERC data collection                respondents     responses per      hours per      burden  hours
                                                annually (1)    respondent (2)    response (3)     (1)x(2)x(3)
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FERC-598....................................             199                1                6            1,194
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    Estimated cost to respondents is $72,549.27 [1,194 hours divided by 
2080 hours \7\ per year, times $126,384 \8\ equals $72,549.27]. The 
average cost per respondent is $364.57.
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    \7\ Number of hours an employee works each year.
    \8\ Average annual salary per employee.
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    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) 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 collections of 
information are 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 estimates of the 
burden of the proposed collections 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 collections 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. E9-2154 Filed 1-30-09; 8:45 am]

BILLING CODE 6717-01-P
