FERC-919, Electric Rate Schedule Filings: Market Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities

Forms and Documents

Document Name	Status
919 Errata Notice Issued 2010.doc Supplementary Document	2010-11-24
919 SUPPORTING STATEMENT Final.doc Supporting Statement A	2011-03-01
Statutes and Regulations.doc Supplementary Document	2010-11-22

IC Document Collections

IC ID	Document Title	Status
23282	FERC-919, Market power analysis in new applications for market-based rates	Modified
195388	FERC-919, Change in Status Filings	New
195387	FERC-919, Quarterly land acquisition reports	New
195386	FERC-919, Triennial market power analysis in category 2 seller updates	New

ICR Details

OMB Control No: 1902-0234	ICR Reference No: 201011-1902-004
Status: Historical Active	Previous ICR Reference No: 200910-1902-004
Agency/Subagency: FERC	Agency Tracking No: FERC-919
Title: FERC-919, Electric Rate Schedule Filings: Market Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/09/2011
	Date Received in OIRA: 11/24/2010
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2014	36 Months From Approved	03/31/2011
Responses	709	0	940
Time Burden (Hours)	61,630	0	71,200
Cost Burden (Dollars)	0	0	0

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Abstract: Compliance with Federal Power Act (FPA) sections 205 and 206 make collection of this information necessary. Specifically, Section 205 of the FPA requires just and reasonable rates and charges. Section 206 allows the Federal Energy Regulatory Commission (FERC or Commission) to revoke a seller’s market-based rate authorization if it determines that the seller may have gained market power since its original authorization to charge market based rates. The information collected under FERC-919 (OMB Control No. 1902-0234), “Market Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities”, allows the Commission to meet its statutory responsibilities by providing it with the following: •initial market power analyses to qualify for authority to charge market based rates, •triennial market power analysis in category 2 seller updates as required in 18 CFR 35.37(a) •quarterly land acquisition reports, as required in 18 CFR 35.42(d) and •change in status reports as required in 18 CFR 35.42(a) Appendix B. The Federal Energy Regulatory Commission will use information collected under FERC-919 to ensure that market-based rates charged by public utilities are just and reasonable, as Congress has mandated it to do. Respondents include all utilities seeking for initial or continued authorization to charge market-based rates.

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Authorizing Statute(s): US Code: 16 USC 824(d),(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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 41840	07/19/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 71097	11/22/2010
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
FERC-919, Market power analysis in new applications for market-based rates
FERC-919, Quarterly land acquisition reports
FERC-919, Change in Status Filings
FERC-919, Triennial market power analysis in category 2 seller updates

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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	709	940	0	0	-231	0
Annual Time Burden (Hours)	61,630	71,200	0	0	-9,570	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: The filing requirements have not changed. However, some of the burden estimates have changed, and FERC is breaking out the previous comprehensive IC into several, more detailed IC's to provide more information on the types of reporting requirements included in the FERC-919. The July 2010 notice and the November 2010 notice mistakenly announced there were only 40 quarterly land acquisition reports filed annually. That notice said the FERC had received 400 change in status reports. These filing counts were inadvertently transposed: the initial estimate as of July 2010 was that FERC received about 400 land acquisition reports each year and 40 change in status reports. The FERC has changed the burden associated with the FERC-919 change in status reports to 34.75 hours per response. When the Commission directed the filing of changes in status in Order No. 652, the Commission found the ongoing burden associated with change in status filings to be de minimis. As a result of that determination, the Commission did not attribute a burden estimate to this activity at that time; therefore, no authorization from OMB was needed for that data collection. In examining various aspects of its market-based rate program in Order No. 697, FERC compiled all market-based rate data requirements into the FERC-919. Although the consolidation of market-based rate data requirements in the FERC-919 included change in status filings, FERC did not estimate new burden hours for the change in status filings based on the assumption they were still a de minimis activity as determined in Order No. 652. In the July 2010, 60-day Federal Register Notice for the FERC-919 FERC estimated that the Appendix B addition to change in status filings would take one hour to complete. The comments FERC received to its July 2010 notice for renewing the FERC-919 suggested FERC’s estimate of one hour to compile and submit change in status filings was too low. The estimate of 34.75 hours per response is based on FERC’s reviewing and analyzing change-in-status filings filed during the previous 3-year collection cycle. FERC has also changed burden and cost estimates from the July 2010 Notice for the FERC-919 market power analyses in new applications for market based rates because these analyses require the expertise of specialized professionals such as consultant economists, electrical engineers and lawyers whose average salary estimate is higher than the salary for professional FERC identified in the July 2010 Notice. Additionally, FERC increased the burden hours per response for the FERC-919 triennial market power analysis in category 2 seller updates to 250 hours per response: market power analyses in these filings showed a complexity approaching that of initial applications for market based rate authority. The net result of the above adjustments, as well as a reduction in the number of respondents, is a reduction in the number of responses and a reduction in the annual time burden. The reduction in the number of respondents is the result of an updated estimate in the number of filers under FERC-919. FERC estimates the total number of filings expected under the FERC-919 to remain about the same as it has been for the last 3 years.

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Annual Cost to Federal Government: $2,621,134

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]? No

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: 11/24/2010

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