15472 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 

2 18 CFR 1c.1 and 1c.2, 71 FR 4244 (2006). 

The record retention period of five 

years is necessary due to the importance 

of records related to any investigation of 

possible wrongdoing and related to 

assuring compliance with the codes of 

conduct and the integrity of the market. 

The requirement is necessary to ensure 

consistency with the rule prohibiting 

market manipulation (regulations 

adopted in Order No. 670, 

implementing the EPAct 2005 antimanipulation provisions 2) and the 

generally applicable five-year statute of 

limitations where the Commission seeks 

civil penalties for violations of the antimanipulation rules or other rules, 

regulations, or orders to which the price 

data may be relevant. 

Failure to have this information 

available would mean the Commission 

is unable to perform its regulatory 

functions and to monitor and evaluate 

transactions and operations of interstate 

pipelines and blanket marketing 

certificate holders. 

Action: The Commission is requesting 

a three-year extension of the current 

expiration date for the FERC–916, with 

no changes to the requirements. 

Burden Statement: Public reporting 

burden for this collection is estimated 

at: 

FERC requirements 

Number of 

respondents 

annually 

Number of 

responses per 

respondent 

Average 

burden hours 

per response 

Total annual 

burden hours 

(1) (2) (3) (1) × (2) × (3) 

FERC–916 ....................................................................................................... 222 1 1 222 

The estimated total annual cost to 

respondents includes hours for labor 

(222 hrs. at $17 per hour, for a labor cost 

of $3,774) and record storage costs 

(using an estimated 12,548 cu. ft of 

records in off-site storage, for a total 

record storage cost of $81,051). The total 

annual cost (labor plus off-site record 

storage) is $84,825; the total annual cost 

per respondent is $382. 

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 

retaining these records, such as 

administrative costs, off-site records 

storage, 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. E9–7571 Filed 4–3–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. IC09–914–000] 

Commission Information Collection 

Activities (FERC–914); Comment 

Request; Extension 

March 30, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

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 on the collection of 

information are due June 1, 2009. 

ADDRESSES: Comments may be filed 

either electronically or in paper format, 

and should refer to Docket No. IC09– 

914–000. Documents must be prepared 

in an acceptable filing format and in 

compliance with Commission 

submission guidelines at http:// 

www.ferc.gov/help/submissionguide.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 

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 filed comments. 

Commenters filing electronically should 

not make a paper filing. If electronic 

filing is not possible, deliver 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. 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 15473 

1Normally, these requirements and burden would 

be included in FERC–516, ‘‘Electric Rate Schedule 

Filings’’ (OMB Control No.1902–0096). However, 

FERC–516 is currently the subject of OMB review, 

so the Commission will continue to track these 

requirements (and the related burden hours) 

separately under FERC–914 [formerly labeled 

‘‘FERC–914(516)’’]. FERC–914 covers the tariff 

filing requirements under 18 CFR Part 35 for those 

qualifying facilities that do not meet the exemption 

requirements in 18 CFR Part 292. 

In the future, FERC plans to incorporate the 

FERC–914 reporting requirements and related 

burden into the FERC–516. 

2Revised Regulations Governing Small Power 

Production and Cogeneration Facilities, Order No. 

671, 71 FR 7852 (Feb. 15, 2006), FERC Stats. & Regs. 

¶ 31,203 (2006); and Revised Regulations Governing 

Small Power Production and Cogeneration 

Facilities, Order 671–A, 71 FR 30585 (May 30, 

2006), in Docket No. RM05–36. 

3The FERC–556 is cleared separately as OMB 

Control No. 1902–0075 and is not a subject of this 

Notice. 

4Number of hours an employee works each year. 

5Average annual salary per employee. 

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 IC09–914 then click the Submit 

button at the bottom of the page. For 

help with any of the Commission’s 

electronic submission or retrieval 

systems, e-mail FERC Online Support: 

ferconlinesupport@ferc.gov, or 

telephone toll-free: (866) 208–3676 

(TTY (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 is 

requesting comments on the FERC– 

914,1 ‘‘Cogeneration and Small Power 

Production—Tariff Filings’’, OMB 

Control No. 1902–0231. The information 

filed in FERC–914 enables the 

Commission to exercise its wholesale 

electric rate and electric power 

transmission oversight and enforcement 

responsibilities in accordance with the 

Federal Power Act, the Department of 

Energy Organization Act (DOE Act) and 

EPAct 2005. 

In Orders 671 and 671–A,2 the 

Commission revised its regulations that 

govern qualifying small power 

production and cogeneration facilities. 

Among other things, the Commission 

eliminated certain exemptions from rate 

regulation that were previously 

available to qualifying facilities (QFs). 

New qualifying facilities may need to 

make tariff filings if they do not meet 

the new exemption requirements of 18 

CFR Part 292. 

Section 205(c) of the FPA requires 

that every public utility have all of its 

jurisdictional rates and tariffs on file 

with the Commission and make them 

available for public inspection, within 

such time and in such form as the 

Commission may designate. Section 

205(d) of the FPA requires that every 

public utility must provide notice to 

FERC and the public of any changes to 

its jurisdictional rates and tariffs, file 

such changes with FERC, and make 

them available for public inspection, in 

such manner as directed by the 

Commission. In addition, FPA section 

206 requires FERC, upon complaint or 

its own motion, to modify existing rates 

or services that are found to be unjust, 

unreasonable, unduly discriminatory or 

preferential. FPA section 207 further 

requires the Commission upon 

complaint by a state commission and a 

finding of insufficient interstate service, 

to order the rendering of adequate 

interstate service by public utilities, the 

rates for which would be filed in 

accordance with FPA sections 205 and 

206. 

FERC implemented the Congressional 

mandate of EPAct 2005 to establish 

criteria for new qualifying cogeneration 

facilities by: (1) Amending the 

exemptions available to qualifying 

facilities from the FPA and from 

PUHCA [resulting in the burden 

imposed by FERC–914, the subject of 

this Notice]; (2) ensuring that these 

facilities are using their thermal output 

in a productive and beneficial manner; 

that the electrical, thermal, chemical 

and mechanical output of new 

qualifying cogeneration facilities is used 

fundamentally for industrial, 

commercial, residential or industrial 

purposes; and there is a continuing 

progress in the development of efficient 

electric energy generating technology; 

(3) amending the FERC Form 556 3 to 

reflect the criteria for new qualifying 

cogeneration facilities; and (4) 

eliminating ownership limitations for 

qualifying cogeneration and small 

power production facilities. FERC 

satisfied the statutory mandate and its 

continuing obligation to review its 

policies encouraging cogeneration and 

small power production, energy 

conservation, efficient use of facilities 

and resources by electric utilities and 

equitable rates for energy customers. 

Action: The Commission is requesting 

a three-year extension of the current 

expiration date for the FERC–914,1 with 

no changes to the reporting 

requirements. 

Burden Statement: Public reporting 

burden for this collection is estimated 

at: 

FERC data collection—FERC–914 

Number of 

respondents 

annually 

Number of 

responses per 

respondent 

Average 

burden hours 

per response 

Total annual 

burden hours 

(1) (2) (3) (1) × (2) × (3) 

FPA Section 205 filings ................................................................................... 100 1 183 18,300 

Electric quarterly reports (initial) ...................................................................... 100 1 230 23,000 

Electric quarterly reports (later) ....................................................................... 100 3 6 1,800 

Change of status ............................................................................................. 100 1 3 300 

Total .......................................................................................................... ........................ ........................ ........................ 43,400 

The estimated total annual cost to 

respondents is $2,676,966.10 [43,400 

hours divided by 2,080 hours 4 per year, 

times $128,297 5 equals $2,676,966.10]. 

The cost per respondent is $26,769.66. 

The estimated burden covers the 

qualifying facilities required to file 

electric quarterly reports, change of 

status filings, and tariff filings to comply 

with section 205 of the Federal Power 

Act (FPA). 

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; 


pwalker on PROD1PC71 with NOTICES
15474 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 

1The FERC–915 requirements (formerly labeled 

‘‘FERC–915(516)’’) are contained in 18 CFR 

35.41(d)). 

(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. E9–7574 Filed 4–3–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. IC09–915–000] 

Commission Information Collection 

Activities (FERC–915); Comment 

Request; Extension 

March 30, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

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 

June 1, 2009. 

ADDRESSES: Comments may be filed 

either electronically or in paper format, 

and should refer to Docket No. IC09– 

915–000. 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 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 

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 filed comments. 

Commenters filing electronically should 

not make a paper filing. If electronic 

filing is not possible, deliver 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 IC09–915, then click the Submit 

button at the bottom of the page. For 

help with any of the Commission’s 

electronic submission or retrieval 

systems, e-mail FERC Online Support: 

ferconlinesupport@ferc.gov, or 

telephone toll-free: (866) 208–3676 

(TTY (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 is 

requesting comments on the record 

retention requirement FERC–915,1

‘‘Public Utility Market-Based Rate 

Authorization Holders—Records 

Retention Requirement,’’ OMB Control 

No. 1902–0223. 

In accordance with the Federal Power 

Act, the Department of Energy 

Organization Act (DOE Act), and the 

Energy Policy Act of 2005 (EPAct 2005), 

the Commission regulates the 

transmission and wholesale sales of 

electricity in interstate commerce, 

monitors and investigates energy 

markets, uses civil penalties and other 

means against energy organizations and 

individuals who violate FERC rules in 

the energy markets, and administers 

accounting and financial reporting 

regulations and oversees conduct of 

regulated companies. 

The Commission imposes the FERC– 

915 record retention requirement, in 18 

CFR 35.41(d), on applicable sellers to 

retain, for a period of five years, all data 

and information upon which they bill 

the prices charged for ‘‘electric energy 

or electric energy products it sold 

pursuant to Seller’s market-based rate 

tariff, and the prices it reported for use 

in price indices.’’ 

The record retention period of five 

years is necessary due to the importance 

of records related to any investigation of 

possible wrongdoing and related to 

assuring compliance with the codes of 

conduct and the integrity of the market. 

The requirement is necessary to ensure 

consistency with the rule prohibiting 

market manipulation (adopted in Order 

No. 670) and the generally applicable 

five-year statute of limitations where the 

Commission seeks civil penalties for 

violations of the anti-manipulation rules 

or other rules, regulations, or orders to 

which the price data may be relevant. 

Action: The Commission is requesting 

a three-year extension of the current 

expiration date for the FERC–915,1 with 

no changes to the requirements. 


pwalker on PROD1PC71 with NOTICES