[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Notices]
[Pages 61455-61456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24973]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC10-582-001]


Commission Information Collection Activities (FERC-582); Comment 
Request; Submitted for OMB Review

September 29, 2010.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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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 or FERC) 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 and should 
address a copy of those comments to the Commission as explained below. 
The Commission issued a Notice in the Federal Register (75 FR 44781, 
07/29/2010) requesting public comments. FERC received comments from one 
commenter and has made this notation in its submission to OMB.

DATES: Comments on the collection of information are due by November 4, 
2010.

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 <a href="/cdn-cgi/l/email-protection#ee81879c8fb19d9b8c83879d9d878180ae81838cc08b819ec0898198"><span class="__cf_email__" data-cfemail="523d3b20330d2127303f3b21213b3d3c123d3f307c373d227c353d24">[email protected]</span></a> and include OMB Control Number 1902-0132 for 
reference. The Desk Officer may be reached by telephone at 202-395-
4638.
    A copy of the comments should also be sent to the Federal Energy 
Regulatory Commission and should refer to Docket No. IC10-582-001. 
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.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, 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. IC10-
582-001.
    Users interested in receiving automatic notification of activity in 
FERC Docket Number IC10-582-001 may do so through eSubscription at 
http://www.ferc.gov/docs-filing/esubscription.asp. All comments may be 
viewed, printed or downloaded remotely via the Internet through FERC's 
homepage using the ``eLibrary'' link. For user assistance, contact 
<a href="/cdn-cgi/l/email-protection#03656671606c6d6f6a6d66707673736c717743656671602d646c75"><span class="__cf_email__" data-cfemail="01676473626e6f6d686f64727471716e737541676473622f666e77">[email protected]</span></a> or toll-free at (866) 208-3676, or for TTY, 
contact (202) 502-8659.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by e-mail 
at <a href="/cdn-cgi/l/email-protection#5e1a3f2a3f1d323b3f2c3f303d3b1e181b0c1d70393128"><span class="__cf_email__" data-cfemail="5d193c293c1e31383c2f3c333e381d1b180f1e733a322b">[email protected]</span></a>, by telephone at (202) 502-8663, and by fax 
at (202) 273-0873.

SUPPLEMENTARY INFORMATION: The information required by FERC-582, 
``Electric Fees; Annual Charges; Waivers; and Exemptions;'' OMB Control 
No. 1902-0132, covers the filing requirements in the Code of Federal 
Regulations (CFR) under Title 18, Part 381 \1\ and Part 382.\2\
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    \1\ Title 18 CFR, Sections 381.105, 381.106, 381.108, 381.302, 
and 381.305.
    \2\ Title 18 CFR, Sections 382.102, 382.103, 382.105, 382.106, 
and 382.201.
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    FERC-582 is used by the Commission to implement the statutory 
provisions of the Independent Offices Appropriation Act of 1952 (IOAA) 
(31 U.S.C. 9701) which authorizes the Commission to establish fees for 
its services.\3\ In addition, the Omnibus Budget Reconciliation Act of 
1986 (OBRA) (42 U.S.C. 7178) authorizes the Commission ``to assess and 
collect fees and annual charges in any fiscal year in amounts equal to 
all the costs incurred by the Commission in that fiscal year.''
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    \3\ The most recent ``Annual Update of Filing Fees'' was issued 
on 1/20/2010 and is posted at http://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=12249237. Other reporting requirements, 
associated with the estimation of annual charges or filing fees, are 
separate from the FERC-582 and not a subject of Docket Number IC10-
582 or the FERC-582 clearance request. They are approved separately 
by OMB and include: (a) FERC-583 (``Annual Kilowatt Generating 
Report (Annual Charges),'' OMB Control Number 1902-0136) for 
hydropower generation facilities; (b) FERC Form No. 2 (Major Natural 
Gas Pipeline Annual Report, OMB Control Number 1902-0028), FERC Form 
No. 2A (Non-Major Natural Gas Pipeline Annual Report, OMB Control 
Number 1902-0030), and FERC Form No. 6 (Annual Report of Oil 
Pipeline Companies, OMB Control Number 1902-0022) for estimating 
charges for natural gas and oil pipelines; and (c) FERC-587 (Land 
Description: Public Land States/Non-Public Land States (Rectangular 
or Non Rectangular Survey System Lands in Public Land States); OMB 
Control Number 1902-0145) for estimating fees associated with the 
use of Federal lands.
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    In calculating electric fees and annual charges, the Commission 
first determines the total costs of its electric regulatory program and 
then subtracts all electric regulatory program filing fee collections 
to determine the total collectible electric regulatory program costs. 
The data submitted under FERC-582 \4\ is used to determine the annual 
charge levied on each utility and is based on the total megawatt-hours 
(MWh) of transmission of electric energy in interstate commerce. This 
is measured by the sum of the MWh of all unbundled transmission 
(including MWh delivered in wheeling transactions and MWh delivered in 
exchange transactions) and the MWh of all bundled wholesale power sales 
(to the extent these later MWh were not separately reported as 
unbundled transmission).
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    \4\ FERC-582 Annual Charges Reports are available in FERC's 
eLibrary system (at http://www.ferc.gov/docs-filing/elibrary.asp), 
by searching under the document class and type of ``Report/Form/
Annual Charges Report.''
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    Public utilities and power marketers subject to these annual 
charges must submit FERC-582 data to the Commission by April 30 of each 
year (18 CFR 382.201). The Commission issues bills for annual charges, 
and public utilities and power marketers then must pay the charges 
within 45 days of the Commission's issuance of the bill.
    Requests for waivers and exemptions of fees and charges (required 
by 18 CFR Parts 381 and 382) are filed, based on need. The Commission's 
staff uses the filer's financial information to evaluate the request 
for a waiver or exemption of the obligation to pay a fee or an annual 
charge.
    Public Comment and FERC response. Following is a summary of the 
comment filed by the public on FERC-582

[[Page 61456]]

reporting requirements, and FERC's response. For a more detailed 
explanation please see the Commission's submission to OMB at http://www.reginfo.gov/public/do/PRAMain, scroll to ``Currently under 
Review'', key in ``Federal Energy Regulatory Commission'' and scroll to 
1902-0132, ``Electric Fees; Annual Charges; Waivers; and Exemptions;'' 
(FERC-582).
    General Comment Regarding Annual Fees and Charges: The commenter 
believes that the annual fees and charges levied on jurisdictional 
companies do not fully reflect the level of service provided to such 
companies. The commenter further indicates that the taxpayers are 
bearing the costs that corporate executives should be paying.
    FERC's Response: Congress has directed the Commission to collect 
fees and annual charges equal to its expenses, and the Commission, in 
fact, collects fees and annual charges equal to its expenses. The 
Commission deposits the fees and annual charges that it collects with 
the Treasury. Therefore, the Commission is carrying out its statutory 
mandate, that is, the Commission is collecting the amount that Congress 
has directed that it collect.
    Action: The Commission is requesting a three-year extension of 
FERC-582 reporting requirements, with no change.
    Burden statement: The estimated annual burden figures and costs 
follow.

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                                                                  Average No. of  Average burden
             Information collection                   No. of       reponses per      hours per     Total burden
                                                    respondents     respondent       response          hours
                                                             (1)             (2)             (3)     (1) x (2) x
                                                                                                             (3)
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FERC-582 \1,2\ (except 381.302, below)..........              73               1               3             219
Exemption/waiver of fee for declaratory order                  6               1               2              12
 (under 381.302)................................
                                                 ---------------------------------------------------------------
    Total.......................................  ..............  ..............  ..............             231
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    The total estimated annual cost burden to respondents is $15,312 
(231 hours/2080 hours \5\ per year, times $137,874 \6\).
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    \5\ An employee works an estimated 2,080 hours per year.
    \6\ The estimated average annual cost per employee is $137,874.
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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 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 collections of 
information are 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 collections 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 collections 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. 2010-24973 Filed 10-4-10; 8:45 am]
BILLING CODE 6717-01-P


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