FERC-598, Self Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status

Forms and Documents

Document Name	Status
FINALv2 IC12-3-000 (FERC-598)-supp statement.doc Supporting Statement A	2012-04-05
EPAct 2005 (Pub L. No. 109-58, 119 Statute 594 2005).pdf Supplementary Document	2012-03-26
RM-93-1-000 Final Rule.txt Supplementary Document	2012-03-26
RM-93-1-000 NOPR.txt Supplementary Document	2012-03-26
EPAct 1992.pdf Supplementary Document	2012-03-21
17 CFR 259.207.pdf Supplementary Document	2012-03-21
17 CFR 250.57.pdf Supplementary Document	2012-03-21
18 CFR 385.207.pdf Supplementary Document	2012-03-21
18 CFR 385.203.pdf Supplementary Document	2012-03-21
18 CFR 366.7.pdf Supplementary Document	2012-03-21
18 CFR 366.1.pdf Supplementary Document	2012-03-21

IC Document Collections

IC ID	Document Title	Status
23173	Self Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status	Modified

ICR Details

OMB Control No: 1902-0166	ICR Reference No: 201203-1902-008
Status: Historical Active	Previous ICR Reference No: 200902-1902-001
Agency/Subagency: FERC	Agency Tracking No: FERC-598
Title: FERC-598, Self Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status
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: 04/27/2012
	Date Received in OIRA: 03/26/2012
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	04/30/2015	36 Months From Approved	06/30/2012
Responses	100	0	199
Time Burden (Hours)	600	0	1,194
Cost Burden (Dollars)	0	0	0

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Abstract: The information submitted to FERC is in a written application for determination of status as an Exempt Wholesale Generator (EWG)or a Foreign Utility Company (FUCO). Accordingly the information provided in the self-certifications may vary. FERC reviews the applications to determine whether the applicant meets the statutory requirements for EWG or FUCO status and for consistency with PUHCA 2005. FERC limits its consideration to the purpose of determining the adequacy of the factual representations made to satisfy the statutory criteria. As noted above, the information collected is used by FERC to implement the statutory provisions of Title XII, subchapter F of the Energy Policy Act of 2005 (EPAct 2005). 1)EWGs are companies engaged directly, or indirectly though one or more affiliates, and exclusively in the business of owning and/or operating all or part of one or more

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Authorizing Statute(s): PL: Pub.L. 102 - 486 711 Name of Law: Energy Policy Act of 1992
   PL: Pub.L. 109 - 58 1262 Name of Law: Energy Policy Act of 2005
  

Citations for New Statutory Requirements: PL: Pub.L. 109 - 58 1262 Name of Law: Public Utility Holding Company Act 2005

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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:
	77 FR 97	01/03/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 16214	03/20/2012
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Self Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status

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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	100	199	0	0	-99	0
Annual Time Burden (Hours)	600	1,194	0	0	-594	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: FERC issued Final Rule RM05-32-000 in response to enactment of the Energy Policy Act of 2005. The regulations fulfilled FERC's responsibilities to implement rules implementing the repeal of the Public Utility Holding Company Act of 1935 and the enactment of Public Utility Holding Company Act of 2005, EPAct 2005. FERC removed its existing exempt wholesale generator rules, 18 CFR 365 as they were no longer necessary. In response to comments that FERC received, it decided that in interpreting PUHCA 2005, FERC can permit new wholesale sellers to obtain Exempt Wholesale Generator status (EWG). Therefore, FERC allowed EWGs and now FUCOs (foreign utility companies) to use self certification for their exemption.

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Annual Cost to Federal Government: $108,354

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: 03/26/2012

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