Electric Rate Schedule Filings: RM05-25-000 : Preventing Undue Discrimination and Preference in Transmission Service

Forms and Documents

Document Name	Status
FERC Press Release-OATT Reform.doc Supplementary Document	2007-02-16
SUPPORTING STATEMENT RM05-25-000Final Rule.doc Supporting Statement A	0000-00-00

IC Document Collections

IC ID	Document Title	Status
23281	Electric Rate Schedule Filings: RM05-25-000 NOPR: Preventing Undue Discrimination and Preference in Transmission Service	Removed
179057	Standards for Business Practices & Communications Protocols for Public Utilities (Preventing Undue Discrimination and Preference in Transmission Service)	New
179056	Electric Rate Schedule Filings (Preventing Undue Discrimination and Preference in Transmission Service)	New

ICR Details

OMB Control No: 1902-0233	ICR Reference No: 200703-1902-002
Status: Historical Active	Previous ICR Reference No: 200606-1902-003
Agency/Subagency: FERC	Agency Tracking No:
Title: Electric Rate Schedule Filings: RM05-25-000 : Preventing Undue Discrimination and Preference in Transmission Service
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/10/2007
	Date Received in OIRA: 03/15/2007
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2010	36 Months From Approved
Responses	232	0	0
Time Burden (Hours)	157,036	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: FERC is amending its regulations adopted in Order Nos. 888 and 889, and to the pro forma open access transmission tariff (OATT), to ensure that transmission services are provided on a basis that is just, reasonable and not unduly discriminatory or preferential. In April 1996, in response to its statutory obligation under FPA sections 205 and 206 to remedy undue discrimination, FERC adopted Order No. 888 prohibiting public utilities from using their monopoly power over transmission to unduly discriminate against others. FERC required all public utilities that own, control or operate facilities used for transmitting electric energy in interstate commerce to file OATTs containing minimum terms and conditions of non-discriminatory service. The Final Rule addresses deficiencies in the OATTs that had become apparent since 1996 and to facilitate improved planning and operation of transmission facilities.

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Authorizing Statute(s): US Code: 16 USC 824(d), 824(e) Name of Law: Federal Power Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1902-AD02	Final or interim final rulemaking	72 FR 12266	03/15/2007

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Electric Rate Schedule Filings: RM05-25-000 NOPR: Preventing Undue Discrimination and Preference in Transmission Service	917(516)
Standards for Business Practices & Communications Protocols for Public Utilities (Preventing Undue Discrimination and Preference in Transmission Service)
Electric Rate Schedule Filings (Preventing Undue Discrimination and Preference in Transmission Service)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	232	0	0	232	0	0
Annual Time Burden (Hours)	157,036	0	0	157,036	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The reforms adopted in the Final Rule provide greater clarity in the terms and conditions of the pro forma OATT, resolving ambiguities in the existing pro forma OATT that have made undue discrimination easier to accomplish and more difficult to detect. The Commission’s new civil penalty authority under EPAct 2005 provides ample power to remedy tariff violations, but it also places upon the Commission an increased responsibility to make the rules as clear as possible. The Commission fulfills that responsibility in the Final Rule by providing greater clarity where appropriate to several critical OATT provisions. The Final Rule also adopts a number of posting and reporting requirements that will provide the Commission and market participants with information about each transmission provider’s performance of pro forma OATT obligations. For example, the Commission requires transmission providers to post specific performance metrics related to their completion of studies required under the pro forma OATT. The Commission will continue to audit compliance with the pro forma OATT, and toward that end the final rule requires transmission information kept on OASIS to be retained for audit purposes for five years. Finally, the Final Rule adopts a number of reforms to operational penalties assessed under the pro forma OATT, including so-called “over-use” penalties and the treatment of operational penalty revenues collected from transmission providers and their affiliates.

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Annual Cost to Federal Government: $1,578,738

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/15/2007

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