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 Department of Energy Federal Energy Regulatory Commission [Docket No. IC09-716-001]
 AGENCY: Federal Energy Regulatory Commission.
 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) 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 
                        ( print page 6019)
                        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 (73FR70988, 11/24/2008) and has made this notation in its submission to OMB.
 DATES: Comments on the collection of information are due by March 11, 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 No. 1902-0170 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. IC09-716-001. 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 website 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. IC09-716-001. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the “eLibrary” link. For user assistance, contact 
                        *fercolinesupport@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 FERC is 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)) for publication purposes 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, OMB No. 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 change to the existing collection of data. *Burden Statement:*
                     Public reporting burden for this collection is estimated as: FERC Data collection—FERC-716
Number of 
                             respondents  
                             annually
Number of 
                             responses per respondent
Average burden hours per 
                             response
Total annual burden hours 1(1)
(2)
(3)
(1) × (2) × (3)Information exchange between parties
3
1
100
300( print page 6020)Application submitted to FERC if parties' negotiations are unsuccessful
3
1
2.5
8TOTAL 1
3
2

308
 For the information exchange, the estimated cost burden [1]
                    
                     to respondents is $18,228 (300 hours/2080 [2]
                    
                     hours per year times $126,384 [3]
                    
                     per year average per employee = $18,228). The cost per respondent is $6,076. For the application to FERC, the estimated cost burden 1
                     to respondents is $486 (8 hours/2080 hours per year times $126,384 per year average per employee = $486). The cost per respondent is $162. 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 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 estimates 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.


# Footnotes

1.
    
                         The figures may not be exact, due to rounding. Back to Citation
 2.
    
                         Number of hours an employee works each year. Back to Citation
 3.
    
                         Average annual salary per employee. Back to Citation


[FR Doc. E9-2287 Filed 2-3-09; 8:45 am] BILLING CODE 6717-01-P