52796 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Notices 

1These requirements were promulgated by Order 

689, issued November 16, 2006, in Docket No. 

RM06–12, in accordance with section 1221 of the 

Energy Policy Act of 2005: (a) To establish filing 

requirements and procedures for entities seeking to 

construct or to modify electric transmission 

facilities, and (b) to coordinate the processing of 

Federal authorizations and the environmental 

review of electric transmission facilities in 

designated national interest electric transmission 

corridors. (Order 689 is available in FERC’s eLibrary 

at http://elibrary.ferc.gov/idmws/search/ 

intermediate.asp?link_file=yes&doclist=4455911.) 

(6) Who are DOE decision making 

personnel? 

Decision-making personnel are those 

DOE employees who are or may 

reasonably be expected to be involved 

in formulating a rulemaking. 

(7) What are the disclosure 

requirements applicable in ‘‘permit-butdisclose’’ proceedings? 

For the proceedings listed above, inperson meetings or telephone calls 

between DOE and an interested party or 

parties will require a memorandum 

memorializing the meeting to be placed 

in the public docket. The memorandum 

should include a summary of the issues 

discussed as well as a list of attendees 

and date of the meeting. The interested 

party or parties must complete the 

memorandum and submit it to DOE for 

inclusion in the public docket within 

one week of the meeting. The DOE 

reserves the right to supplement these 

public filings with additional 

information as necessary or to demand 

that the party making the filing do so 

(i.e., if DOE believes that important 

information was omitted or 

characterized incorrectly). 

If outside parties bring documents to 

give DOE employees, the employees 

should inform the outside parties that 

those documents will be put in the 

record. If the outside parties do not 

want DOE employees to put their 

documents in the record, they should 

not, except as specified in this response, 

provide the documents to or leave the 

documents with DOE. Interested parties 

may submit documents under a request 

for confidential treatment; however, a 

public version of these documents must 

be provided for the record for DOE to 

rely on the information as part of a 

rulemaking. In addition, DOE will make 

its own determination on whether 

documents should be released in 

response to a request for the documents 

under the Freedom of Information Act. 

(8) What communications are not 

covered by the ex parte guidance? 

Phone calls that DOE employees or 

contractors initiate to gather information 

as part of the rulemaking process need 

not be memorialized. If new data is 

obtained as a result of such contacts 

after issuance of the notice of proposed 

rulemaking, it may be necessary to seek 

public comment on the data for DOE to 

rely on the data in the final rule. 

(9) What is DOE’s role in ex parte 

communications? 

To safeguard the integrity of DOE’s 

rulemaking process, the primary goal of 

DOE employees in ex parte 

communications is to listen and ask 

clarifying questions. The DOE will not 

engage in negotiation or reveal 

substantive aspects of the forthcoming 

rulemakings. The DOE is the receiver of 

information. If meetings are held with 

an outside party while the rulemaking is 

pending, every reasonable effort will be 

made to meet with any other outside 

party who requests a similar 

opportunity. 

(10) Where should memoranda 

memorializing ex parte communications 

be sent? 

Memorandums memorializing ex 

parte communications should be 

provided to the e-mail address listed 

above, 

expartecommunications@hq.doe.gov. 

(11) How does DOE give notice of ex 

parte communications? 

DOE is currently developing a link on 

the homepage of the Office of the 

General Counsel where ex parte 

communications will be posted. Further 

information on the Web site will be 

provided in a future Federal Register 

notice. 

Issued in Washington, DC, on October 7, 

2009. 

Scott Blake Harris, 

General Counsel. 

[FR Doc. E9–24717 Filed 10–13–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. IC10–729–000] 

Commission Information Collection 

Activities (FERC–729); Comment 

Request; Extension 

October 6, 2009. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Notice of proposed information 

collection and request for comments. 

SUMMARY: In compliance with the 

requirements of section 3506(c)(2)(a) of 

the Paperwork Reduction Act of 1995 

(Pub. L. 104–13), the Federal Energy 

Regulatory Commission (Commission or 

FERC) 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 

December 15, 2009. 

ADDRESSES: Comments may be filed 

either electronically or in paper format, 

and should refer to Docket No. IC10– 

729–000. 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 

two (2) copies of their comments to: 

Federal 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 IC10–729. For user 

assistance, contact FERC Online 

Support (e-mail at 

ferconlinesupport@ferc.gov, or call tollfree at (866) 208–3676, or for TTY, 

contact (202) 502–8659). 

FOR FURTHER INFORMATION CONTACT: 

Ellen Brown may be reached by 

telephone at (202) 502–8663, by fax at 

(202) 273–0873, and by e-mail at 

ellen.brown@ferc.gov. 

SUPPLEMENTARY INFORMATION: FERC–729 

(‘‘Electric Transmission Facilities,’’ 

OMB Control No. 1902–0238) covers the 

reporting requirements 1 of 18 CFR part 

50, and, as relates to transmission 

facilities, 18 CFR 380.3(c)(3), 

380.5(b)(14), 380.6(a)(5), 380.15(d), and 

380.16. 

The purpose of these regulations is to 

implement the Commission’s mandates 

under EPAct 2005 section 1221 which 

authorizes the Commission to issue 

permits under FPA section 216(b) for 

electric transmission facilities and the 

Commission’s delegated responsibility 

to coordinate all other Federal 

authorizations under FPA section 

216(h). The related FERC regulations 

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Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Notices 52797 

2However, the Commission will not issue a 

permit authorizing construction of the proposed 

facilities until, among other things, it finds that the 

state has, in fact, withheld approval for more than 

a year or had so conditioned its approval. 3 In all other instances (i.e., where the state does 

not have jurisdiction to act or otherwise to consider 

interstate benefits, or the applicant does not qualify 

to apply for a permit with the State because it does 

not serve end use customers in the State), the prefiling process may be commenced at any time. 4Based on the Bureau of Labor Statistics 

‘‘Occupational Outlook Handbook (OOH), 2008–09 

Edition,’’ Occupational Employment Statistics 

(Occupational Employment and Wages, for May 

2008, for Lawyers (23–1011), posted at http:// 

www.bls.gov/oes/current/oes231011.htm), FERC is 

using $80 per hour. Other professions (such as 

engineers and administrators) are involved in 

preparing the filing. We are using $80 per hour as 

a high-end figure to include all of the professions 

involved with preparation of the filing. 

seek to develop a timely review process 

for siting of proposed electric 

transmission facilities. The regulations 

provide for, among other things, an 

extensive pre-application process that 

will facilitate maximum participation 

from all interested entities and 

individuals to provide them with a 

reasonable opportunity to present their 

views and recommendations, with 

respect to the need for and impact of the 

facilities, early in the planning stages of 

the proposed facilities as required under 

FPA section 216(d). 

Additionally, under FPA section 

216(b)(1)(C), FERC has the authority to 

issue a permit to construct electric 

transmission facilities if a state has 

withheld approval for more than a year 

or has conditioned its approval in such 

a manner that it will not significantly 

reduce transmission congestion or is not 

economically feasible. FERC envisions 

that, under certain circumstances, the 

Commission’s review of the proposed 

facilities may take place after one year 

of the state’s review. Accordingly, under 

section 50.6(e)(3) the Commission will 

not accept applications until one year 

after the state’s review and then from 

applicants who can demonstrate that a 

state may withhold or condition 

approval of proposed facilities to such 

an extent that the facilities will not be 

constructed.2 In cases where FERC’s 

jurisdiction rests on FPA section 

216(b)(1)(C),3 the pre-filing process 

should not commence until one year 

after the relevant State applications 

have been filed. This will give the States 

one full year to process an application 

without any intervening Federal 

proceedings, including both the prefiling and application processes. Once 

that year is complete, an applicant may 

seek to commence FERC’s pre-filing 

process. Thereafter, once the pre-filing 

process is complete, the applicant may 

submit its application for a construction 

permit. 

The environmental report includes 

information on areas such as: aquatic 

life, wildlife, and vegetation and the 

expected impacts on them; cultural 

resources; socioeconomics; geological 

resources; soils, land use, recreation, 

and aesthetics; alternatives; buildings; 

and reliability and safety. 

Without the information collection, 

FERC would not be able to fulfill its 

statutory mandates to review requests 

for permits for transmission facilities, 

and to coordinate related Federal 

authorizations. 

Action: FERC is requesting a threeyear extension of the current FERC–729 

reporting requirements, with no change. 

Burden Statement: The estimated, 

annual public reporting burden for 

FERC–729 follows. 

FERC information collection Annual No. of 

respondents 

Average No. 

of responses 

per 

respondent 

Average 

burden hours 

per response 

Total annual 

burden hours 

(1) (2) (3) (1) × (2) × (3) 

FERC–729 ....................................................................................................... 10 1 9,600 96,000 

The total estimated annual cost 

burden 4 to respondents is $7,680,000 

(96,000 hours × $80 per hour 4). 

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 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. E9–24575 Filed 10–13–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. ER09–408–000; ER09–408– 

001] 

Notice of Amended Filing; PacifiCorp 

October 6, 2009. 

Take notice that on October 5, 2009, 

PacifiCorp submitted a filing consisting 

of 12 unexecuted transmission service 

agreements between PacifiCorp and CEP 

Funding, LLC. This filing modifies 

PacifiCorp’s December 12, 2008 filing in 

this proceeding. 

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