[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Notices]
[Pages 39682-39684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18914]



[[Page 39682]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC09-731-000]


Commission Information Collection Activities, Proposed 
Collection; Comment Request

July 31, 2009.
AGENCY: Federal Energy Regulatory Commission.

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, 44 U.S.C. 3506(c)(2)(A) (2006), 
the Federal Energy Regulatory Commission (FERC or Commission) is 
soliciting public comment on the proposed information collection 
described below.

DATES: Comments on the proposed collection of information are due 60 
days after publication in the Federal Register.

ADDRESSES: Comments may be filed either electronically (e-Filed) or in 
paper format, and should refer to Docket No. IC09-731-000. Documents 
must be prepared in an acceptable filing format and in compliance with 
Commission submission guidelines at http://www.ferc.gov/help/submission-guide.asp.
    Comments may be eFiled. The eFiling option under the Documents & 
Filings tab on the Commission's home Web page (http://www.ferc.gov) 
directs users to the eFiling Web page. First-time users should follow 
the eRegister instructions on the eFiling Web page to establish a user 
name and password before eFiling. Filers will receive an e-mailed 
confirmation of their eFiled comments.
    Commentors filing electronically should not make a paper filing. 
Commentors that are not able to file electronically must send an 
original and 14 paper copies of the filing to: Federal Energy 
Regulatory Commission, Secretary of the Commission, 888 First Street, 
NE., Washington, DC 20426.
    Parties interested in receiving automatic notification of activity 
in this docket may do so through eSubscription. The eSubscription 
option under the Documents & Filings tab on the Commission's home Web 
page directs users to the eSubscription Web page. Users submit the 
docket numbers of the filings they wish to track and will subsequently 
receive an e-mail notification each time a filing is made under the 
submitted docket numbers. First-time users will need to establish a 
user name and password before eSubscribing.
    Filed comments and FERC issuances may be viewed, printed and 
downloaded remotely from the Commission's Web site. The eLibrary link 
found at the top of most of the Commission's Web pages directs users to 
FERC's eLibrary. From the eLibrary Web page, choose General Search, and 
in the Docket Number space provided, enter IC09-731, then click the 
Submit button at the bottom of the page. For help with any of the 
Commission's electronic submission or retrieval systems, contact FERC 
Online Support via e-mail at: <a href="/cdn-cgi/l/email-protection#cdaba8bfaea2a3a1a4a3a8beb8bdbda2bfb98daba8bfaee3aaa2bb"><span class="__cf_email__" data-cfemail="264043544549484a4f484355535656495452664043544508414950">[email protected]</span></a>, or telephone 
toll-free: (866) 208-3676 (TTY (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 
<a href="/cdn-cgi/l/email-protection#0b666268636a6e6725666267676e794b6d6e7968256c647d"><span class="__cf_email__" data-cfemail="660b0f050e07030a480b0f0a0a0314260003140548010910">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In order to meet the requirements of Section 
1252(e)(3) of the Energy Policy Act of 2005, the Commission proposes to 
conduct a survey with a response deadline of April 30, 2010, and 
publish a report on the results in 2010. The proposed survey is 
necessary to update the 2006 and 2008 advanced metering and demand 
response information collected on previous Commission surveys. A copy 
of the survey, instructions, and glossary are attached and part of this 
document, but they are not being printed in the Federal Register. The 
Attachments are available on the FERC's eLibrary (http://www.ferc.gov/docs-filing/elibrary.asp) by searching Docket No. IC09-731-000, and 
through the FERC Public Reference Room. Interested parties may also 
request paper copies of the survey, instructions, and glossary by 
contacting Michael Miller by telephone at (202) 502-8415, by fax at 
(202) 273-0873, or by e-mail at <a href="/cdn-cgi/l/email-protection#620f0b010a03070e4c0f0b0e0e071022040710014c050d14"><span class="__cf_email__" data-cfemail="a9c4c0cac1c8ccc587c4c0c5c5ccdbe9cfccdbca87cec6df">[email protected]</span></a>.
    Section 1252(e)(3) of the Energy Policy Act of 2005,\1\ requires 
the Commission to prepare and publish an annual report, by appropriate 
region, that assesses demand response resources, including those 
available from all consumer classes. Specifically, EPAct 2005 Section 
1252(e)(3) requires that the Commission identify and review:
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    \1\ Pub. L. 109-58, Sec.  1252(e)(3), 119 Stat. 594, 966 (2005) 
(EPAct 2005).
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    (A) Saturation and penetration rate of advanced meters and 
communications technologies, devices and systems;
    (B) Existing demand response programs and time-based rate programs;
    (C) The annual resource contribution of demand resources;
    (D) The potential for demand response as a quantifiable, reliable 
resource for regional planning purposes;
    (E) Steps taken to ensure that, in regional transmission planning 
and operations, demand resources are provided equitable treatment as a 
quantifiable, reliable resource relative to the resource obligations of 
any load-serving entity, transmission provider, or transmitting party; 
and
    (F) Regulatory barriers to improved customer participation in 
demand response, peak reduction and critical period pricing programs.
    In 2006 and 2008, the Commission designed and used Office of 
Management and Budget (OMB) approved collections FERC-727, Demand 
Response and Time Based Rate Programs Survey (OMB Control No. 1902-
0214), and FERC-728, Advanced Metering Survey (OMB Control No. 1902-
0213), to collect and convey to Congress the requested demand response 
and advanced metering information. The collection proposed herein will 
update the information filed previously in the FERC-727 and 728 
surveys. The Commission investigated alternatives, including using data 
from the North American Electric Reliability Corporation (NERC) and the 
Energy Information Administration (EIA), to fielding and collecting 
data using a FERC designed survey. However, as explained below, the 
data cannot be obtained by the Commission in time to complete the 2010 
report to Congress.
    In addition to creating the demand response and advanced metering 
requirements, EPAct 2005 enacted section 215 of the Federal Power Act 
(FPA) titled ``Electric Reliability,'' authorizing the Commission to 
approve and enforce reliability standards for the reliability of the 
interstate grid.\2\ Section 215 of the FPA authorized FERC to certify 
an Electric Reliability Organization (ERO) to develop the reliability 
standards for the Nation's bulk power system, subject to Commission 
review and approval. NERC has been certified by the Commission as the 
ERO for the United States.\3\ Among many other things, NERC has begun 
to collect demand response data on dispatchable and non-

[[Page 39683]]

dispatchable resources that it needs to conduct its reliability work. 
The Demand Response Data Task Force at NERC is in the process of 
developing a Demand Response Availability Data System (DADS) to collect 
demand response program information. NERC is planning a limited trial 
run of DADS in 2010 followed by a full-scale version, with 
disaggregated information on utility/load serving entity demand 
response programs, in 2011. NERC will not be collecting the 2009 data 
that the Commission plans to collect in its proposed survey. Moreover, 
NERC proposes to collect detailed demand response data on a quarterly 
basis for the year 2010, beginning in June 2010 and plans to publish 
the annual data for 2010 by May 1, 2011 Thus, the Commission will not 
be able to use the 2010 data that NERC proposes to collect for the 
FERC's 2010 report to Congress.
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    \2\ Pub. L. 109-58, Sec.  1211(a), 119 Stat. 594, 941 (codified 
at 16 U.S.C. 824o (2006)).
    \3\ North American Electric Reliability Corp., 116 FERC ] 
61,062, order on reh'g & compliance, 117 FERC ] 61,126 (2006), 
appeal docketed sub nom. Alcoa, Inc. v. FERC, No. 06-1426 (D.C. Cir. 
Dec. 29, 2006).
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    The Energy Information Administration (EIA) collects aggregated 
information on energy efficiency and load management as well as 
advanced metering data in its EIA-861, ``Annual Electric Power Industry 
Report.'' The data collected in this survey does not identify existing 
demand response programs or time-based rate programs, but it does 
support the Commission's advanced metering data needs. Unfortunately, 
the finalized advanced metering data for 2009 will not be available 
until the fourth quarter of 2010 under EIA's proposed schedule. 
Therefore, the EIA data will not be available to the Commission in time 
to use in its 2010 report to Congress.
    Therefore, because the alternatives will not provide data in a 
timely manner for the 2010 report, the Commission proposes to conduct a 
survey (attached) with a response deadline of April 30, 2010. This 
survey has been designed to be consistent with the NERC's data 
collection such that, in future years, the Commission may be able to 
use the NERC data when it becomes available, phase-out the FERC demand 
response survey and still comply with EPAct 2005 Section 1252(e)(3).
    FERC staff has designed a survey that will impose minimal burden on 
respondents by providing respondents with an easy-to-complete, fillable 
form that will include such user friendly features as pre-populated 
fields and drop-down menus, make use of the data that is becoming 
available from reliable sources, and provide it with the information 
necessary to draft and file the report that is required by Congress. It 
is a streamlined and simplified version of past surveys and can be 
electronically filed. A paper version of the survey will be available 
for those who are unable to file electronically.
    The Commission is proposing to collect the demand response and 
advanced metering information via a voluntary survey from the nation's 
entities that serve wholesale and retail customers. The information 
will be used to draft and file the report that is required by Congress. 
Industry cooperation is important for us to obtain as accurate and up-
to-date information as possible to respond to Congress, as well as to 
provide information to states and other market participants. We, 
therefore, strongly encourage all potential survey respondents to 
complete the survey.
    In summary, the Commission seeks public comment on the proposed 
survey (FERC-731, ``Demand Response/Time-Based Rate Programs and 
Advanced Metering'') and the related estimated burden. FERC also 
requests OMB approval to administer the survey and to collect the 
information on demand response and advanced metering.
    Action: The Commission is requesting comments on the proposed 
survey and related burden estimate. The Commission is also requesting 
OMB approval for the collection of information on demand response and 
advanced metering.
    Burden Statement: The proposed survey targets respondents who 
directly serve wholesale and retail customers. The Commission estimates 
the public reporting burden for this information collection will be 
13,600 hours and will affect 3,400 respondents. The burden for the 
collection is:

----------------------------------------------------------------------------------------------------------------
                                          Number of          Number of       Average  burden
                                         respondents       responses per        hours  per        Total annual
                                           annually          respondent          response         burden hours
                                                   (1)                (2)                (3)    (1) x (2) x (3)
----------------------------------------------------------------------------------------------------------------
FERC-731 Demand Response/Time-Based              3,400                  1                  4             13,600
 Rate Programs and Advanced Metering
 Survey.............................
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    The estimated total cost to respondents is $838,865.00 [13,600 
hours divided by 2,080 hours \4\ per year, times $128,297 \5\ equals 
$838,865.00]. The cost per respondent is $246.73.
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    \4\ Number of hours an employee works each year.
    \5\ 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 respondent's cost estimate is based on 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) Problems in measuring data elements 
collected; (2) regulatory or other barriers to gathering the 
information; (3) terms and definitions in the survey and glossary; (4) 
other sources of information on advanced metering and demand response 
programs; (5) the accuracy of the agency's burden estimate of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (6) ways to enhance the quality, 
utility and clarity of the information to be collected; and, (7) ways 
to minimize respondent information collection burden.

Nathaniel J. Davis, Sr.,
Deputy Secretary.

    Note:  The Attachments (survey, instructions, and glossary) will 
not be printed in the Federal Register. The Attachments are

[[Page 39684]]

available on the FERC's eLibrary (http://www.ferc.gov/docs-filing/elibrary.asp) by searching Docket No. IC09-731-000, and through the 
FERC Public Reference Room.

[FR Doc. E9-18914 Filed 8-6-09; 8:45 am]
BILLING CODE 6717-01-P


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