[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Rules and Regulations]
[Pages 20152-20154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06707]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM20-11-000; Order No. 869]


Reporting of Transmission Investments

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final action.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) 
clarifies its filing instructions for form FERC-730. The Commission 
makes no modifications or amendments to the Code of Federal 
Regulations.

DATES: This final action is effective April 10, 2020.

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FOR FURTHER INFORMATION CONTACT: Laura Farkas, Federal Energy 
Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 
502-6060, laura.farkas@ferc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    1. By this instant final action, the Commission is amending form 
FERC-730, originally adopted in Order No. 679.\1\ This form must be 
filed on an annual basis by public utilities that have been granted 
incentive rate treatment for transmission projects.\2\ This instant 
final action does not amend or modify the text of the Code of Federal 
Regulations nor does it amend or modify the information collected by 
the form. This instant final action imposes no new reporting or other 
obligations on public utilities or on the public. Rather, at the 
request of the Office of Management and Budget (OMB), this instant 
final action clarifies the instructions to the form, as explained 
below.
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    \1\ Promoting Transmission Investment through Pricing Reform, 
Order No. 679, 71 FR 43294 (July 31, 2006), 116 FERC ] 61,057 at PP 
367-76, app. A (2006), order on reh'g, Order No. 679-A, 72 FR 1152 
(Jan. 10, 2007), 117 FERC ] 61,345 at PP 117-20 (2006).
    \2\ 18 CFR 35.35(h).
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II. Background

    2. On July 20, 2006, the Commission promulgated Order No. 679, 
which, pursuant to section 219 of the Federal Power Act (FPA),\3\ 
provides incentives for transmission infrastructure investment.\4\ The 
Commission determined that it needed to collect certain data in order 
to meet the objectives of section 219, thus, the Commission adopted the 
reporting requirement FERC-730.\5\ The form was included as an appendix 
to the rule,\6\ but the form itself was not codified in the 
Commission's regulations.\7\
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    \3\ 16 U.S.C. 824.
    \4\ Order No. 679, 116 FERC ] 61,057.
    \5\ Id. P 78.
    \6\ Id. at app. A.
    \7\ See 18 CFR 35.35(h).
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III. Discussion

    3. The Commission is amending form FERC-730 at the request of 
OMB,\8\ to ensure compliance with the Administrative Procedure Act and 
the Paperwork Reduction Act of 1995 (PRA).\9\ Specifically, the 
Commission is clarifying the filing instructions. The Commission is 
not, however, changing the data being collected. Public utilities 
subject to filing form FERC-730 will not be compelled to file new, 
additional, or different information.\10\ The frequency of filing will 
also remain unchanged.
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    \8\ The three-year PRA renewal of FERC-730 was initiated in 
Docket No. IC19-15. FERC-730 was submitted to OMB on May 10, 2019 
and is currently pending OMB review.
    \9\ See generally 5 U.S.C. 500 et seq.; 44 U.S.C. 3501-21.
    \10\ 18 CFR 35.35(h).
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    4. Examples of changes to the instructions include inserting 
headers, incorporating instructions for eFiling, minor edits to make 
existing instructions clearer, and adding information about the PRA. 
These changes have no impact on the obligations of filers, but rather 
serve to improve the form and ensure compliance with Federal law. The 
revised form FERC-730 is attached to this Order. It will be posted in 
the Commission's eLibrary but will not be published in the Federal 
Register or Code of Federal Regulations.

IV. Information Collection Statement

    5. OMB's regulations require approval of certain information 
collection requirements imposed by agency rules.\11\ OMB has previously 
assigned this information collection OMB Control Number 1902-0239. The 
clarifications to the instructions in this order will be submitted to 
OMB to supplement the pending review and request for approval. 
Respondents subject to the filing requirements of this action will not 
be penalized for failing to respond to this collection of information 
unless the collection of information displays a valid OMB control 
number. Interested persons may obtain information on the reporting 
requirements by contacting: Federal Energy Regulatory Commission, 888 
First Street NE, Washington, DC 20426 [Attention: Ellen Brown, Office 
of the Executive Director, Phone: (202) 502-8663, email: 
ellen.brown@ferc.gov].
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    \11\ 5 CFR 1320.13.
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    6. This instant final action results in no new, additional, or 
different public reporting burden. The public reporting burden will be 
the same as originally determined and discussed in Order No. 679.\12\ 
This instant final action does not require public utilities to file 
new, additional, or different information, and it does not change the 
frequency with which they must file.
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    \12\ Order No. 679, 116 FERC ] 61,057 at PP 406-07.
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V. Environmental Analysis

    7. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant adverse effect on the human environment.\13\ 
Issuance of this final action does not represent a major Federal action 
having a significant adverse effect on the human environment under the 
Commission's regulations implementing the National Environmental Policy 
Act of 1969. Part 380 of the Commission's regulations lists exemptions 
to the requirement to draft an Environmental Analysis or Environmental 
Impact Statement. Included is an exemption for rules that are 
clarifying, corrective, or procedural or that do not substantially 
change the effect of the regulations being amended.\14\ This rulemaking 
is exempt under that provision.
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    \13\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, 52 FR 47897 (1987), FERC Stats. & Regs. 
] 30,783 (1987) (cross-referenced at 41 FERC ] 61,284).
    \14\ 18 CFR 380.4(a)(2)(ii).
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VI. Regulatory Flexibility Act

    8. The Regulatory Flexibility Act of 1980 (RFA) \15\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
This instant final action clarifies the instructions of form FERC-730, 
without creating any additional requirements for filers. The Commission 
certifies that it will not have a significant economic impact upon 
participants in Commission proceedings. An analysis under the RFA is 
therefore not required.
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    \15\ 5 U.S.C. 601-12.
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VII. Document Availability

    9. In addition to publishing the instant final action without the 
form itself in the Federal Register, the Commission provides all 
interested persons an opportunity to view and/or print the contents of 
this document via the internet through the Commission's Home Page 
(http://www.ferc.gov) and in Commission's Public Reference Room during 
normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 
First Street NE, Room 2A, Washington, DC 20426.
    10. From the Commission's Home Page on the internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    11. User assistance is available for eLibrary and the Commission's 
website during normal business hours from FERC Online Support at (202) 
502-6652 (toll free at 1-866-208-3676) or email at 
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-

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8371, TTY (202) 502-8659. Email the Public Reference Room at 
public.referenceroom@ferc.gov.

VIII. Effective Date and Congressional Notification

    12. The Commission is issuing this document as an instant final 
action without a period for public comment. Under 5 U.S.C. 553(b)(3), 
notice and comment procedures are unnecessary when the agency finds 
that notice and public procedure are impracticable, unnecessary, or 
contrary to the public interest. This instant final action is such a 
rulemaking, as it merely clarifies the instructions of form FERC-730 to 
ensure that they are unambiguous and comply with relevant federal law. 
This instant final action does not require public utilities to file 
new, additional, or different information, and it does not change the 
frequency with which they must file. This instant final action does not 
render a determination concerning the rights or interests of affected 
parties, and it will not significantly affect public utilities or the 
general public.
    13. This action is effective April 10, 2020. The Commission 
requires public utilities that have been granted incentive rate 
treatment for transmission projects to file a Form 730 by April 18th of 
each year.\16\ The changes adopted in this instant final action will be 
effective for the filings due April 18, 2020.
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    \16\ 18 CFR 35.35(h).

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    By the Commission.

    Issued: March 19, 2020.
Kimberly D. Bose,
Secretary.

    Note: The following appendix will not appear in the Code of 
Federal Regulations.

Appendix A

OMB Control Number: 1902-0239
Expiration Date: 06/30/20XX
Annual Due Date: April 18
FERC-730, Report of Transmission Investment Activity
Company Name: _____

                                          Table 1--Actual and Projected Electric Transmission Capital Spending
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                                                             Actual at         Projected investment  (incremental investment by year for each of the
                                                            December 31                           succeeding five calendar years)
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                                                               20__            20__            20__            20__            20__            20__
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Capital Spending On Electric Transmission Facilities ($
 Thousands) (1).........................................
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Instructions for completing ``Table 1: Actual and Projected Electric Transmission Capital Spending'':
(1) Transmission facilities are defined to be transmission assets as specified in the Uniform System of Accounts in account numbers 350 through 359
  (see, 18 CFR. Part 101, Uniform System of Accounts Prescribed for Public Utilities and Licensees Subject to the Provisions of the Federal Power Act,
  for account definitions). The Transmission Plant accounts include: Accounts 350 (Land and Land Rights), 351 (Energy Storage Equipment-Transmission),
  352 (Structures and Improvements), 353 (Station Equipment), 354 (Towers and Fixtures), 355 (Poles and Fixtures), 356 (Overhead Conductors and
  Devices), 357 (Underground Conduit), 358 (Underground Conductors and Devices), and 359 (Roads and Trails).


                                           Table 2--Project Detail (1)
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                                                                                               If project not on
     Project                           Expected project      Completion       Is project  on       schedule,
 description (2)    Project type (3)   completion date       status (4)      schedule?  (Y/N)   indicate reasons
                                         (month/year)                                            for delay (5)
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 Instructions for completing ``Table 2: Project Detail'':
(1) Respondents must list all projects included in Table 1 above, Actual and Projected Electric Transmission
  Capital Spending, excluding those projects with projected costs less than $20 million. Respondents should add
  as many additional rows as are necessary to list all relevant projects.
(2) Respondents should include voltage level in the Project Description column.
(3) Respondents should select between the following Project Types to complete the Project Type column: New
  Build, Upgrade of Existing, Refurbishment/Replacement, or Generator Direct Connection.
(4) Respondents should select between the following designations to complete the Completion Status column:
  Complete, Under Construction, Pre-Engineering, Planned, Proposed, and Conceptual.
(5) Respondents should select between the following delay designations to complete the Reasons for Delay column:
  Siting, Permitting, Construction, Delayed Completion of New Generator, or Other (specify).

    Paperwork Reduction Act of 1995 (PRA) Statement: The PRA (44 
U.S.C. 3501 et seq.) requires us to inform you the information 
collected in the FERC-730 is necessary for the Commission to 
evaluate its incentive rates policies, and to demonstrate the 
effectiveness of these policies. Further, the FERC-730 filing 
requirement allows the Commission to track the progress of electric 
transmission projects granted incentive-based rates, providing an 
accurate assessment of the state of the industry with respect to 
transmission investment, and ensuring that incentive rates are 
effective in encouraging the development of appropriate transmission 
infrastructure. Responses are mandatory. An agency may not conduct 
or sponsor, and a person is not required to respond to a collection 
of information unless it displays a currently valid OMB Control 
Number.
    Public reporting burden for reviewing the instructions, 
completing, and filling out this form is estimated to be 30 hours 
per response. This form has been assigned OMB Control Number 1902-
0239. Send comments regarding the burden estimate or any other 
aspect of this form to DataClearance@FERC.gov, or to the Office of 
the Executive Director, Information Clearance Officer, Federal 
Energy Regulatory Commission, 888 First St. NE, Washington, DC 
20426.
    To file this form, respondents should follow the instructions 
for eFiling available at https://www.ferc.gov/docs-filing/efiling.asp.

[FR Doc. 2020-06707 Filed 4-9-20; 8:45 am]
 BILLING CODE 6717-01-P


