FERC-917, NOPR in RM10-23-000, Preventing Undue Discrimination and Preference in Electric Transmission Service

Forms and Documents

Document Name	Status
United States Code Title 16,824d_ Rates and charges; schedules; suspension of new rates; automatic adjustment clauses LII - Legal Information Institute.mht Supplementary Document	2010-06-30
SUPPLEMENTAL SUPPORTING STATEMENT FORREV2.doc Supporting Statement A	2010-06-30
Spitzer Statement20100617-3054.doc Supplementary Document	2010-06-17
Norris statement20100617-3048.doc Supplementary Document	2010-06-17
MoellerStatement20100617-3047.doc Supplementary Document	2010-06-17
Wellinghoff statement20100617-3046.doc Supplementary Document	2010-06-17
burden table.doc Supplementary Document	2010-06-17
NOPR FactSheet06-17-10-E-9.pdf Supplementary Document	2010-06-17
NOPR Press Release06-17-10-E-9.pdf Supplementary Document	2010-06-17

IC Document Collections

IC ID	Document Title	Status
179057	FERC-918, Standards for Business Practices & Communications Protocols for Public Utilities (Preventing Undue Discrimination and Preference in Transmission Service)	Modified
179056	FERC-917, Electric Rate Schedule Filings (Preventing Undue Discrimination and Preference in Transmission Service)	Modified

ICR Details

OMB Control No: 1902-0233	ICR Reference No: 201006-1902-001
Status: Historical Inactive	Previous ICR Reference No: 200703-1902-002
Agency/Subagency: FERC	Agency Tracking No: FERC-917 and FERC-918
Title: FERC-917, NOPR in RM10-23-000, Preventing Undue Discrimination and Preference in Electric Transmission Service
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 08/11/2010
	Date Received in OIRA: 06/30/2010
Terms of Clearance: Agency will respond to comments received at final rule stage.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2010	36 Months From Approved	09/30/2010
Responses	232	0	232
Time Burden (Hours)	157,036	0	157,036
Cost Burden (Dollars)	0	0	0

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Abstract: FERC in RM10-23-000 Notice of Proposed Rulemaking (NOPR) is proposing to reform its electric transmission planning and cost allocation requirements for public utility transmission providers. The proposed reforms are intended to correct deficiencies in transmission planning and cost allocation processes so that the transmission grid can better support wholesale power markets and thereby ensure that Commission-jurisdictional services are provided at rates, terms and conditions that are just and reasonable and not unduly discriminatory or preferential. The NOPR builds on Order No. 890, in which the Commission reformed the pro forma open access transmission tariff (OATT). Among other changes, Order No. 890 required each public utility transmission provider to have a coordinated, open, and transparent regional transmission planning process. Order No. 890 also established nine transmission planning principles, one of which addressed cost allocation for new projects. With respect to transmission planning, the reforms proposed in this NOPR would provide that: (1) regional transmission planning processes account for transmission needs driven by public policy objectives established by state or federal laws and regulations; (2) coordination between neighboring transmission planning regions is improved with respect to facilities that are proposed to be located in both regions, as well as interregional facilities that could address transmission needs more efficiently than separate intraregional facilities; and (3) a right of first refusal that is created by a document subject to the Commission’s jurisdiction and that provides an incumbent utility with an undue advantage over nonincumbent transmission project developers is removed from that document. The Commission preliminarily finds that these proposed reforms are needed to protect against unjust and unreasonable rates, terms and conditions and undue discrimination in the provision of Commission-jurisdictional services. With respect to transmission cost allocation, the Commission is proposing to require public utility transmission providers to establish a closer link between cost allocation and regional transmission planning processes in which the beneficiaries of new transmission facilities are identified, as well as to establish principles that cost allocation methods must satisfy. The Commission sees these proposals as steps that would increase the likelihood that facilities included in regional transmission plans are actually constructed. For example, establishing a closer link between transmission planning and cost allocation processes would diminish the likelihood that a transmission facility would be included in a regional transmission plan, only to later encounter cost allocation disputes that inhibit construction of that facility. Only FERC-917 is affected by the NOPR in RM10-23.

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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-AE03	Proposed rulemaking	75 FR 37884	06/30/2010

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
FERC-918, Standards for Business Practices & Communications Protocols for Public Utilities (Preventing Undue Discrimination and Preference in Transmission Service)
FERC-917, Electric Rate Schedule Filings (Preventing Undue Discrimination and Preference in Transmission Service)

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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: This NOPR in RM10-23-000 affects FERC-917 and does not affect the cost or burden figures for FERC-918. The current ROCIS inventory reflects $0 for the industry cost, although industry cost estimates are included in the corresponding supporting statement. The industry burden and cost associated with FERC-917 are updated in ROCIS and in the supporting statement, with the industry cost in ROCIS only reflecting the FERC-917 cost, due to its change. Rather than 116 respondents, we estimate 134 (an adjustment). In addition, as proposed in the rule, we estimate an additional 275 hours per filer (a program increase) in Year 1, with the additional burden in subsequent years being only 125 hours per filer (rather than the Year 1 estimate of 275). See the Worksheet under 'supplemental documents' for more information.

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Annual Cost to Federal Government: $966,646

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]? No

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)? No

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: 06/30/2010

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