27522 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 

1FERC–916 was formerly called ‘‘FERC– 

916(549),’’ with the intent of consolidating the 

FERC–916 into the FERC–549 (OMB Control No. 

1902–0086). FERC has decided not to consolidate 

the FERC–916 into the FERC–549, so this Notice 

deals only with the FERC–916 requirements. 

2 18 CFR 1c.1 and 1c.2, 71 FR 4,244 (2006). 

Commission, 888 First Street, NE., 

Washington, DC 20426, and should refer 

to Docket No. IC09–916–001. 

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: 

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: The 

Commission is requesting comments on 

the record retention requirements of 

FERC–916,1 ‘‘Record Retention 

Requirements for Pipelines Providing 

Unbundled Sales Service, and Persons 

Holding Blanket Marketing 

Certificates,’’ OMB Control No. 1902– 

0224. The FERC–916 record retention 

requirements are contained in 18 CFR 

284.288(b) and 284.403(b). 

The Commission’s regulations at 18 

CFR 284.288 and 284.403 provide that 

applicable sellers of natural gas adhere 

to a code of conduct when making gas 

sales in order to protect the integrity of 

the market. The Commission imposes 

the FERC–916 record retention 

requirement on applicable sellers to 

‘‘retain, for a period of five years, all 

data and information upon which it 

billed the prices it charged for natural 

gas it sold pursuant to its market based 

sales certificate or the prices it reported 

for use in price indices.’’ FERC uses the 

FERC–916 records to monitor the 

jurisdictional transportation activities 

and unbundled sales activities of 

interstate natural gas pipelines and 

blanket marketing certificate holders. 

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 

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 

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. E9–13542 Filed 6–9–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. IC09–914–001] 

Commission Information Collection 

Activities (FERC–914); Comment 

Request; Submitted for OMB Review 

June 3, 2009. 

AGENCY: Federal Energy Regulatory 

Commission, Energy. 

ACTION: Notice. 

SUMMARY: In compliance with the 

requirements of section 3507 of the 


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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 27523 

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. 

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 

received no comments in response to 

the Federal Register notice (74FR 

15472, 4/6/2009) and has made this 

notation in its submission to OMB. 

DATES: Comments on the collection of 

information are due by July 10, 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 Number 1902– 

0231 as a point of 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. IC09–914–001. 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 Web site 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. IC09–914–001. 

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: 

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: 


erowe on PROD1PC63 with NOTICES
27524 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 

4Number of hours an employee works each year. 

5Average annual salary per employee. 

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; 

(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 

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. E9–13540 Filed 6–9–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 12717–002] 

Northern Illinois Hydropower, LLC; 

Notice of Application Tendered for 

Filing with the Commission, Soliciting 

Additional Study Requests, 

Establishing Procedural Schedule for 

Licensing, and Deadline for 

Submission of Final Amendments 

June 3, 2009. 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Application: Original 

License. 

b. Project No.: P–12717–002. 

c. Date Filed: May 27, 2009. 

d. Applicant: Northern Illinois 

Hydropower, LLC. 

e. Name of Project: Brandon Road 

Hydropower Project. 

f. Location: U.S. Army Corps of 

Engineers Brandon Road Lock and Dam 

on the Illinois River, in the City of Joliet, 

Will County, Illinois. The project will 

occupy approximately 1.6 acres of 

federal land. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791 (a)–825(r). 

h. Applicant Contact: Damon 

Zdunich, Northern Illinois Hydropower, 

LLC, 801 Oakland Avenue, Joliet, IL 

60435, (312) 320–1610. 

i. FERC Contact: Dr. Nicholas Palso, 

(202) 502–8854. 

j. Cooperating Agencies: Federal, 

State, local, and tribal agencies with 

jurisdiction and/or special expertise 

with respect to environmental issues 

that wish to cooperate in the 

preparation of the environmental 

document should follow the 

instructions for filing such requests 

described in item l below. Cooperating 

agencies should note the Commission’s 

policy that agencies that cooperate in 

the preparation of the environmental 

document cannot also intervene. See, 94 

FERC ¶ 61,076 (2001). 

k. Pursuant to Section 4.32(b)(7) of 18 

CFR of the Commission’s regulations, if 

any resource agency, Indian Tribe, or 

person believes that an additional 

scientific study should be conducted in 

order to form an adequate factual basis 

for a complete analysis of the 

application on its merit, the resource 

agency, Indian Tribe, or person must file 

a request for a study with the 

Commission not later than 60 days after 

the application is filed, and serve a copy 

of the request on the applicant. 

l. Deadline for filing additional study 

requests and requests for cooperating 

agency status: July 27, 2009. 

All documents (original and eight 

copies) should be filed with: Kimberly 

D. Bose, Secretary, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

Additional study requests and 

requests for cooperating agency status 

may be filed electronically via the 

internet in lieu of paper. The 

Commission strongly encourages 

electronic filings. See 18 CFR 

385.2001(a)(1)(iii) and the instructions 

on the Commission’s Web site at 

(http://www.ferc.gov) under the 

‘‘eFiling’’ link. For a simpler method of 

submitting text only comments, click on 

‘‘Quick Comment.’’ 

m. This application is not ready for 

environmental analysis at this time. 

n. Description of Project: The Brandon 

Road Project would utilize the Corps of 

Engineer’s existing Brandon Road Dam 


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