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[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Notices]
[Pages 49764-49769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20400]

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DEPARTMENT OF ENERGY

Western Area Power Administration

Information Collection Request Extension Submitted to the Office 
of Management and Budget (OMB) for Approval Under the Paperwork 
Reduction Act

AGENCY: Western Area Power Administration, U.S. Department of Energy.

ACTION: Notice of Extension under the Paperwork Reduction Act Submitted 
to OMB for Approval; Request for Comments.

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SUMMARY: This notice announces that Western Area Power Administration 
(Western), an agency within the Department of Energy (DOE), has 
submitted an extension to an existing Information Collection Request 
(ICR) to the Office of Management and Budget (OMB) for review, comment 
and approval as required under the Paperwork Reduction Act of 1995.\1\ 
The ICR Western seeks to extend its Applicant Profile Data form (APD). 
The ICR described below identifies the proposal, including the 
anticipated public burdens. On April 6, 2011, Western published a 
notice in the Federal Register inviting public comments on the 
extension of its existing ICR.\2\ That notice provided a 60-day comment 
period. Western included a summary of the comments and responses below. 
Western now

[[Page 49765]]

invites interested entities to submit comments to OMB.
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    \1\ See 44 U.S.C. 3501, et seq.
    \2\ See 76 FR 19067 (2011).
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    Western is collecting and will continue to collect the data under 
its APD to properly perform its function of marketing a limited amount 
of Federal hydropower. Western will use the collected data to evaluate 
who will receive an allocation of Federal power.
    Western notes the Paperwork Reduction Act and associated Federal 
Register notice is a process whereby Western obtains approval from OMB 
to collect information from the public. It is a legal requirement 
Western must comply with before requesting potential preference 
customers to submit an application for power. The Paperwork Reduction 
Act is not the process where interested parties request an allocation 
of Federal power. The allocation of power from Western is outside the 
scope of this process and is completed in a separate process by each 
Western region, when required.

DATES: To ensure consideration, comments regarding this collection must 
be received on or before September 12, 2011. The Paperwork Reduction 
Act requires OMB to make a decision on the extension of the ICR within 
60 days after this publication or receipt of the proposed collection of 
information, whichever is later.

ADDRESSES: Written comments should be sent to: The DOE Desk Officer, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, New Executive Office Building, Room 10102, 735 17th Street, 
NW., Washington, DC 20503.
    With a copy to Western at: [email protected] or Western Area 
Power Administration, Ronald Klinefelter, 12155 W. Alameda Parkway, 
Lakewood, CO 80228.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the APD and instructions should be directed to Western Area 
Power Administration, Ronald Klinefelter, (720) 962-7010.

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority

    Reclamation Laws rose from the Desert Land Act of 1872 and include, 
but are not limited to: the Desert Land Act of 1872, Reclamation Act of 
1902, Reclamation Project Act of 1939, and the Acts authorizing each 
individual project such as the Central Valley Project Authorizing Act 
of 1937.\3\ The Reclamation Act of 1902 established the Federal 
reclamation program.\4\ The basic principle of the Reclamation Act of 
1902 was the United States, through the Secretary of the Interior, 
would build and operate irrigation works from the proceeds of public 
land sales in the 16 arid Western states (a 17th was added later). The 
Reclamation Project Act of 1939 expanded the purposes of the 
reclamation program and specified certain terms for the Interior's 
water and power contracts.\5\ Congress enacted the Reclamation Laws to 
enhance navigation and flood protection, reclaim arid lands in the 
western United States, and protect fish and wildlife.\6\ Congress, 
generally, intended the production of power to be a supplemental 
feature of the multi-purpose water projects authorized under the 
Reclamation Laws.\7\ No contract entered into by the United States for 
power may impair the irrigation purposes.\8\ Section 5 of the Flood 
Control Act of 1944 is read in pari materia with Reclamation Laws.\9\ 
In 1977, the Department of Energy Organization Act transferred the 
power marketing functions from the Department of the Interior to 
Western.\10\ Pursuant to this authority, Western markets Federal 
hydropower. As part of Western's marketing authority, Western needs to 
obtain information from interested entities who desire an allocation of 
Federal power. The Paperwork Reduction Act requires Western to obtain a 
clearance from OMB before collecting certain information.\11\
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    \3\ See Ch. 107, 19 Stat. 377 (1872), Ch. 1093, 32 Stat. 388 
(1902), Ch, 418, 53 Stat. 1187 (1939), Ch. 832, 50 Stat. 844, 850 
(1937), all as amended and supplemented.
    \4\ See Ch. 1093, 32 Stat. 388 (1902), as amended and 
supplemented.
    \5\ See Ch. 418, 53 Stat. 1187 (1939), as amended and 
supplemented.
    \6\ See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as amended and 
supplemented.
    \7\ See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as amended and 
supplemented.
    \8\ 43 U.S.C. 485h(c).
    \9\ See Ch. 665, 58 Stat. 887 (1944), as amended and 
supplemented.
    \10\ See 42 U.S.C. 7152(a)(1)(E).
    \11\ See 44 U.S.C. 3501, et seq.
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II. Background

    Western is a Federal agency under DOE that markets and transmits 
wholesale electric power from 56 Federal hydropower plants and one 
coal-fired plant. Western sells about 40 percent of regional 
hydroelectric generation in a service area that covers 1.3 million 
square miles in 15 states.\12\ To deliver this electric power to the 
western half of the United States, Western markets and transmits about 
10,000 megawatts of hydropower across an integrated 17,000-circuit 
mile, high voltage transmission system. Western's statutorily defined 
preference customers include municipalities, cooperatives, public 
utility and irrigation districts, Federal and State agencies, and 
Native American Tribes.\13\ These customers, in turn, provide retail 
electric service to millions of consumers in Arizona, California, 
Colorado, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New 
Mexico, North Dakota, South Dakota, Texas, Utah, and Wyoming.
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    \12\ Western markets power under marketing plans developed 
through its offices: the Rocky Mountain Region, Upper Great Plains 
Region, Rocky Mountain Region, Sierra Nevada Region and the Colorado 
River Storage Project Management Center (Regions).
    \13\ See, e.g., 43 U.S.C. 485h(c).
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    As part of its marketing mission, Western needs to continue to 
collect information contained in the APD from entities that may be 
interested in obtaining a power allocation from Western. Western is 
submitting this extension with the accompanying ICR to OMB with this 
notice.\14\ Western has analyzed and responded to all comments received 
through this process. As required by the Paperwork Reduction Act, 
Western is now publishing a notice of its submittal to OMB and 
providing a second opportunity to comment.\15\ Such comments should be 
sent directly to OMB with a copy to Western at the addresses listed 
above.
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    \14\ See 44 U.S.C. 3507.
    \15\ See 44 U.S.C. 3506.
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III. Process

A. Background

    On April 6, 2011, in compliance with the Paperwork Reduction Act, 
Western published a notice in the Federal Register inviting comments on 
extending Western's APD.\16\ As part of that notice, in particular, 
Western invited comments on: (1) Whether the proposed continued 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; (2) the accuracy of the agency's estimate of 
burden, 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 respondents, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology. Western 
provided notice that the proposed APD will not be part of a system of 
records covered by the

[[Page 49766]]

Privacy Act \17\ and will be available under the Freedom of Information 
Act.\18\
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    \16\ See 76 FR 19067 (2011).
    \17\ See 5 U.S.C. 552(a).
    \18\ See 5 U.S.C. 552. Western reserves the right to redact 
information to protect confidential or sensitive information, as 
provided under FOIA.
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    In April 2011, Western published a copy of the Federal Register 
notice and an invitation for comments on its Web site.\19\ Western sent 
a notice to over 850 potentially interested entities and customer 
groups, informing them of the publication of the Federal Register 
notice and invitational comments. This notice took the form of an e-
mail from Western's Regional Offices located in California, Arizona, 
Montana, Colorado and Utah. The notices were sent to stakeholders in 
Western's service territory, which includes, but is not limited to, 
California, Nevada, Arizona, Utah, New Mexico, Colorado, Wyoming, 
Montana, Texas, North Dakota and South Dakota. Western received one 
comment letter. Western's responses to the comments are below.
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    \19\ See 76 FR 19067 (2011).
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B. Response to Comments

    Comment: The comment supports the continued use of the APD and sees 
no reason its use should not be extended beyond September 30, 2011.
    Response: Western agrees the APD should be extended.
    Comment: The comment raised a concern about the Federal Register 
notice. In particular, while the commenter understands that in drafting 
Federal Register notices brevity sometimes begets generalities, the 
commenter requested that in future Federal Register notices Western be 
more descriptive and provide a more accurate representation of 
Reclamation Law rather than general statements.
    Response: Western appreciates the commenter's point that individual 
projects have unique attributes defined by specific legislation. 
Reclamation Laws are not a single act, but rather are comprised of 
numerous acts for multiple projects. The Department of the Interior has 
a publication that spans five volumes and two supplements annotating 
Reclamation Laws.\20\ Within the confines of a Federal Register notice 
for the Paperwork Reduction Act, it would be impractical to delve into 
the nuances of provisions contained in multiple acts for multiple 
projects located within Western's service region. As stated in the 60-
day Federal Register notice, Reclamation Laws are a series of laws 
arising from the Desert Land Act of 1872 and include but are not 
limited to: the Desert Land Act of 1872, Reclamation Act of 1902, 
Reclamation Project Act of 1939, and the acts authorizing each 
individual project, such as the Central Valley Project (CVP) 
Reauthorizing Act of 1937.\21\ Each project also may be comprised of 
additional components. Given the APD spans all of Western's regions and 
its multiple projects, Western's Federal Register notice was 
necessarily of wide applicability. Furthermore, for a Paperwork 
Reduction Act process, given the sheer volume of Reclamation Laws, it 
is impractical to identify the statutory authority for each and every 
project and each and every project component. Western has included and 
will continue to include phrases such as ``including,'' ``but not 
limited to,'' and ``for instance'' in future Federal Register notices 
that have general applicability to the multiple projects throughout 
Western's regions.
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    \20\ See Federal Reclamation and Related Laws Annotated, (1972), 
as supplemented (2001).
    \21\ See Ch. 107, 19 stat. 377 (1872), Ch. 1093, 32 Stat. 388 
(1902), Ch, 418, 53 Stat. 1187 (1939), ch. 832, 50 Stat. 844, 850 
(1937), all as amended and supplemented.
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    Comment: The comment also mentioned concerns regarding the 
potential impact general statutory references in this proceeding could 
have on pending legislation related to the remarketing of the Boulder 
Canyon Project in the United States Congress.
    Response: As mentioned in the response above, Western believes use 
of general statutory references is necessary in this Federal Register 
notice given the broad applicability of the APD. The Boulder Canyon 
Project remarketing effort is outside the scope of this process and any 
concerns about the impact of general statutory references of this 
Federal Register's process should be addressed in that proceeding.

IV. Purpose of Proposed Collection

    The APD is necessary for the proper performance of Western's 
functions. Western markets a limited amount of Federal power. Western 
has discretion to determine who will receive an allocation. Due to the 
high demand for Western's power and limited amount of available power, 
Western needs to be able to collect information to evaluate who will 
receive an allocation. As a result, the information Western collects is 
both necessary and useful.
    This public process only determines what type of information 
Western will collect in the APD from an entity applying for a Federal 
power allocation. The information Western proposes to collect is 
voluntary. Western will use the information collected in the APD (and 
has used the information collected under the current OMB-approved 
control number), in conjunction with its marketing plan, to determine 
an entity's eligibility and, ultimately, who will receive an allocation 
of Federal power. Western will issue a Call for Applications as part of 
its marketing plan, which will occur through a separate process. The 
actual allocation of power is outside the scope of this proceeding.

V. Information Western Proposes To Continue To Collect

A. Applicant Profile Data (APD)

    Western has submitted to OMB the request to extend Western's APD. 
As part of this process, Western has identified what it believes is the 
minimum amount of information Western needs for its regional offices to 
properly perform the functions of the agency. Due to the variations 
that may develop in each region, the region, through its marketing 
plan, may determine that it does not need all of the information 
contained in the APD. As a result, Western proposes to allow each 
region to use subsets of the form, where one region's APD may request 
less information than another region's APD. Rather than over collect 
unnecessary information, Western seeks to collect only the minimal 
amount of information it needs. Western evaluated the possibility of 
using the same APD form but instructing applicants to fill out only 
certain sections. This approach could lead to an applicant ignoring or 
misunderstanding Western's instructions and providing unnecessary 
information. Using a subset of information will lead to a more 
consistent process and will minimize the time an applicant uses to 
complete the APD.
    To receive an allocation of Federal power from Western, the 
applicant must provide the information requested in the APD. If the 
requested information is not applicable or is not available, the 
applicant will note it on the APD. Western will request, in writing, 
additional information from any applicant whose application is 
deficient. Western will notify the applicant when the application is 
due. In the event an applicant fails to provide sufficient information 
to allow Western to make a determination regarding eligibility by the 
due date, the application will not be considered.

B. Form of APD

    A copy of the APD is available on Western's Web site at http://www.wapa.gov.

[[Page 49767]]

VI. Paperwork Reduction Requirements

A. Introduction

    1. OMB Number: Western's existing OMB Number is 1910-5136. This 
number is displayed on the front page of the APD. It expires on 
September 30, 2011.
    2. Title: Applicant Profile Data.
    3. Type of Review: Western is seeking to extend its APD for 3 
years.
    4. Purpose: The APD is necessary for the proper performance of 
Western's functions. Western markets a limited amount of Federal power. 
Western has discretion to determine who will receive an allocation. Due 
to the high demand for Western's power and limited amount of available 
power under established marketing plans, Western needs to be able to 
collect information to evaluate who will receive an allocation. As a 
result, the information Western collects is both necessary and useful. 
This public process only determines the information Western will 
collect in its application. The actual allocation of Federal power will 
be done through a separate process and is outside the scope of this 
proceeding.
    5. Respondent: The response is voluntary. However, if an entity 
seeks an allocation of Federal power, the applicant must submit an APD. 
Western has identified the following class of respondents as the most 
likely to apply: municipalities, cooperatives, public utilities, 
irrigation districts, Native American Tribes, and Federal and State 
agencies. The respondents will be located in Arizona, California, 
Colorado, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New 
Mexico, North Dakota, South Dakota, Texas, Utah, and Wyoming.
    6. Estimated Number of Respondents. Depending on the amount of 
power that becomes available for allocation, Western anticipates it 
could receive approximately 100 requests for power during the 3-year 
period when the OMB Clearance Number is in effect. Western does not 
anticipate annual responses. The responses will be periodic and occur 
when Western has power available under an allocation process.
    7. Number of Burden Hours:
    a. Initial Application: Western anticipates that it will take less 
than 8 hours to complete the APD. Once the respondent completes the 
APD, it will submit the APD to Western for Western's review. After 
submitting the APD, provided the APD is complete and no clarification 
is required, Western does not anticipate requiring any further 
information for the APD from the applicant, unless the applicant is 
successful in obtaining a power allocation. The applicant submits only 
one APD. It does not submit an APD every year. If the applicant 
receives a power allocation, the applicant will need to complete a 
standard contract to receive its power allocation. Western's standard 
contract terms are outside the scope of this process.
    b. Recordkeeping: There is no mandatory recordkeeping requirement 
on the applicant if it does not receive an allocation of Federal power. 
In such case, any recordkeeping of the APD by a respondent is 
voluntary. For those entities that receive a Federal power allocation, 
Western requires the successful applicant keep the information for 3 
years after the applicant signs its Federal power contract. The 3-year, 
record retention policy will allow Western sufficient time to 
administer the contract and to ensure the applicant provided factual 
information in its application. A 3-year record retention policy will 
have little impact on most businesses in the electric utility industry. 
Western anticipates that it would take less than 1 hour per successful 
candidate, per year, for recordkeeping purposes. Western anticipates 
that in a 3-year period, Western will have approximately 30 successful 
applicants.
    c. Methodology: Based on the total number of burden hours and the 
total number of applications described above, Western expects that over 
a 3-year period, the total burden hours to complete the APD is 800 
hours (100 applicants over 3 years x 8 hours per applicant). This 
converts to an annual hourly burden of 266.667 hours. An entity will 
only complete the APD once. It is not required each year.
    Based on the above, Western anticipates that there will be 
additional cost burdens for recordkeeping of 1 hour per year for each 
who receives a Federal power allocation. Western anticipates that over 
the course of 3 years there will be 30 successful applicants. The power 
may be allocated in year 1, year 2 or year 3. For the purposes of 
determining the cost burden, Western will presume all 30 applicants 
received an allocation in year 1. As a result, the annual hourly burden 
for recordkeeping is 30 hours.
    For the purposes of this cost burden analysis, Western is assuming 
that a utility staff specialist will complete the APD. Western 
estimates a utility staff specialist rate, including administrative 
overhead, to be approximately $108/hour. For recordkeeping, Western 
estimates an administrative support rate of $54/hour. Based on the 
above, Western estimates the total annual cost as (266.667 hour/year x 
$108/hour) + (30 hour/year x $54/hour) = $30,420.00 per year.
    Using the above estimates, on a per applicant basis, assuming the 
applicant receives a Federal power allocation, the total cost for the 
applicant over a 3-year period is $1026. The cost to complete the APD 
is a onetime cost of $864. In addition to the onetime cost, the 
applicant, if it successfully receives a power allocation, will incur 
an additional expense of 1 hour for recordkeeping per year x $54 per 
hour for a total recordkeeping cost of $162 for 3 years.
    d. Summary of Burdens:

                                      Table 1--Annual Hour Burden Estimates
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                                                                     Number of        Average
                    Activity                         Number of     responses per    burden hour      Sub-total
                                                    respondents     respondent     per response    burden hours
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APD.............................................          33.333               1               8          266.67
Recordkeeping...................................          30                   1               1           30.00
                                                 ---------------------------------------------------------------
    Total Burden................................  ..............  ..............  ..............          296.67
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[[Page 49768]]

                                                          Table 2--Annual Cost Burden Estimate
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                                                                             Number of        Average
                       Instrument                            Number of     responses per   annual burden     Cost per        Cost per        Sub-total
                                                            respondents     respondent         hour         burden hour      response          cost
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Prepare APD.............................................          33.333               1               8            $108         $864.00         $28,800
Recordkeeping...........................................          30                   1               1              54           54.00        1,620.00
                                                         -----------------------------------------------------------------------------------------------
    Total Cost..........................................  ..............  ..............  ..............  ..............  ..............          30,420
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    The procedure and process for the allocation of power shall be the 
subject matter of a separate notice and is outside the scope of this 
process.

B. Does the collection of data avoid unnecessary duplication?

    To avoid unnecessary duplication, only entities that desire a new 
Western allocation are required to submit an APD.
    As it relates to each of the components of the APD, there is no 
duplication. Section 1 is information Western needs to determine who 
the applicant is, whether the applicant is a statutorily-defined 
preference entity, and whether the applicant is ready, willing, and 
able to receive and/or distribute Federal power. Section 2 identifies 
the amount of Federal power that the applicant requests. Section 3 
identifies the applicant's loads. Section 4 identifies the applicant's 
resources. Section 5 identifies the applicant's transmission delivery 
arrangements necessary to receive Federal power. Section 6 is voluntary 
and provides the applicant with the ability to provide any additional 
information. Section 7 is an attestation that the information provided 
is true and accurate to the best of the applicant's knowledge.

C. Does the collection reduce the burden on the respondent, including 
small entities, to the extent practicable and appropriate?

    The information requested is the minimum amount of information to 
determine whether the applicant qualifies as a statutorily-defined 
preference entity and is ready, willing, and able to receive an 
allocation of Federal power.

D. Does the collection use plain, coherent, and unambiguous language 
that is understandable to the respondent?

    The collection uses plain, coherent, and unambiguous language that 
is understandable to the target audience. The terms are those used in 
the electric utility industry. Western does not market power to 
individual members of the public such as homeowners or shopkeepers. 
Preference entities are statutorily-designated potential customers who 
generally are involved in the power business. As a result, the language 
used in the application is understandable to the target audience.

E. Is the collection consistent with and compatible with the 
respondent's current reporting and recordkeeping practices to the 
maximum extent practicable?

    The information collection is voluntary. Western will use the 
information to determine whether an applicant qualifies as a preference 
entity to receive an allocation of Federal power. As discussed above, 
there is no mandatory recordkeeping requirement on the applicant if it 
does not receive an allocation of Federal power. For those entities 
that receive a Federal power allocation, Western requires that they 
keep the information for 3 years after Western grants the power 
allocation and the applicant signs a Federal power contract. The 
proposed 3-year record retention policy for such applicants would allow 
Western sufficient time to administer the contract and to ensure the 
applicant provided factual information in its application. Western 
anticipates that a 3-year record retention policy will have little 
impact on most businesses in the power industry who will keep the APD 
as part of their normal business records. The procedure and process for 
the allocation of power shall be the subject matter of a separate 
notice and is outside the scope of this process.

F. Does the collection indicate the retention period for any 
recordkeeping requirements for the respondent?

    The APD identifies that there is no recordkeeping requirement for 
the respondent if it does not receive an allocation of Federal power. 
It also identifies that applicants who receive an allocation of Federal 
power must retain the records for 3 years.

G. Does the collection inform the public of the information the public 
needs to exercise scrutiny concerning the agency need to collect 
information (the reasons the information is collected, the way it is 
used, an estimate of the burden, whether the response is voluntary, 
required to obtain a benefit, or mandatory and a statement that no 
person is required to respond unless a valid OMB control number is 
displayed)?

    If an entity desires a Federal power allocation from Western, 
Western needs certain information to determine whether the entity is 
eligible to receive power. Western has a limited amount of power 
available. Western uses its discretion in allocating power. In order to 
use its discretion in allocating power, Western will use the 
information collected on the application. Western will not accept 
incomplete applications. Western will work with Native American Tribes 
and other entities that may need assistance in completing the 
application. No person is required to submit any information unless a 
valid OMB control number is displayed. No person is required to submit 
any information unless they desire a Federal power allocation.

H. Is the collection developed by an office that has planned and 
allocated resources for the efficient and effective management and use 
of the information collected?

    Western's power marketing offices will administer and evaluate the 
applications. Use and management of the collected information has been 
factored into each office's functions and resource requirements. 
Historically, Western has requested the same relative information from 
applicants and effectively used Western resources to utilize and manage 
the information in its determinations. Each power marketing office will 
make a recommendation to Western's Administrator on which applicant(s) 
should be awarded a Federal power allocation based on the information 
contained in the APD. Western's Administrator shall use his discretion 
in the final power allocations. The

[[Page 49769]]

procedure and process for the allocation of power shall be the subject 
matter of a separate notice and is outside the scope of this process.

I. Does the collection use effective and efficient statistical survey 
methods?

    Since the information collected is used to determine whether an 
applicant receives an allocation of Federal power, this section is 
inapplicable.

J. Does the collection use information technology to the maximum extent 
practicable to reduce the burden and to improve data quality, agency 
efficiency, and responsiveness to the public?

    The APD will be accessible for downloading via Western's Web site. 
Western will accept electronic-mail submission of the APD, as well as 
submission via fax or regular mail. At this time, applicants cannot 
enter the information on Western's Web site; however, Western is in the 
process of developing an online form.

VII. Invitation for Comments

    Western invites public comment on its request to extend its APD 
that Western submitted to OMB pursuant to the Paperwork Reduction Act 
of 1995. The Paperwork Reduction Act requires OMB to make a decision on 
the ICR within 60 days after this publication or receipt of the 
proposed collection of information, whichever is later.\22\ Comments 
should be sent directly to the addresses listed in the ADDRESSES 
section above.
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    \22\ See 5 CFR 1320.10(b).

     Issued in Lakewood, CO on August 4, 2011.
Timothy J. Meeks,
Administrator.
[FR Doc. 2011-20400 Filed 8-10-11; 8:45 am]
BILLING CODE 6450-01-P
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