FERC-519, (Final Policy Statement in PL15-3) Application Under Federal Power Act Section 203

Forms and Documents

Document Name	Status
PL15-3_516_519_555_FRpub_2016-12426.pdf Supplementary Document	2016-05-26
PL15-3 final supp state_516_519_555_PRA_8-16-2016.docx Supporting Statement A	2016-08-16
18CFR33_5-25-2016.docx Supplementary Document	2016-05-25
PL15-3_FinalPolicy Statement_5-19-16_20160519-3056.docx Supplementary Document	2016-05-23
PL15-3_proposed policy_news release_20150122-3054.pdf Supplementary Document	2016-05-23
PL15-3_proposed policy_20150122-3018.docx Supplementary Document	2016-05-23
16 USC 824b.pdf Supplementary Document	2014-09-02

IC Document Collections

IC ID	Document Title	Status
23029	Application Under Federal Power Act Section 203,	Modified

ICR Details

OMB Control No: 1902-0082	ICR Reference No: 201604-1902-002
Status: Historical Active	Previous ICR Reference No: 201407-1902-010
Agency/Subagency: FERC	Agency Tracking No: FERC-519
Title: FERC-519, (Final Policy Statement in PL15-3) Application Under Federal Power Act Section 203
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/16/2016
	Date Received in OIRA: 05/26/2016
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	08/31/2019	36 Months From Approved	10/31/2017
Responses	141	0	141
Time Burden (Hours)	56,055	0	55,695
Cost Burden (Dollars)	0	0	0

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Abstract: The information collected under the FERC-519 enables the Commission to meet its statutory responsibilities regarding public utility disposition, merger, consolidation of facilities, purchase, or acquisition oversight and enforcement in accordance with the FPA as referenced above. Without this information, FERC would be unable to meet these responsibilities. The required information includes descriptions of corporate attributes of the party or parties to the proposed transaction (e.g. a sale, lease, or other disposition, merger, or consolidation of facilities, or purchase of other acquisition of the securities of a public utility and the facilities or other property involved in the transaction), statements about effect of the transaction, and the applicant's proof that the transaction will be consistent with the public interest. (The Proposed Policy Statement, issued 1/27/2015, requested public comments on the PRA issues and estimates.) FERC issues this Policy Statement to provide guidance regarding future implementation of hold harmless commitments offered by applicants as ratepayer protection mechanisms to mitigate adverse effects on rates that may result from transactions that are subject to section 203 of the Federal Power Act (FPA).

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Authorizing Statute(s): US Code: 16 USC 824b 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:
	80 FR 4231	01/27/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 33502	05/26/2016
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
Application Under Federal Power Act Section 203,

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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	141	141	0	0	0	0
Annual Time Burden (Hours)	56,055	55,695	0	360	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: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The Commission adopts the following policies regarding future implementation of hold harmless commitments offered by applicants as ratepayer protection mechanisms to mitigate adverse effects on rates that may result from transactions subject to section 203 of the Federal Power Act (FPA). First, the Commission clarifies the scope and definition of the costs that should be subject to hold harmless commitments. Second, the Commission adopts the proposal that applicants offering hold harmless commitments should implement controls and procedures to track the costs from which customers will be held harmless. The Commission identifies the types of controls and procedures that applicants offering hold harmless commitments should implement. Third, the Commission declines to adopt its proposal to no longer accept hold harmless commitments that are limited in duration. Fourth, the Commission clarifies that, in connection with certain types of FPA section 203 transactions, an applicant may be able to demonstrate that the transaction will not have an adverse effect on rates without the need to make any hold harmless commitment. The majority of the current estimated OMB-approved burdens for FERC-516, -519, and -555 are not affected by the Policy Statement in PL15-3. Below, we discuss the reasons and expected increases in burden as a result of this Policy Statement. FERC-519. Entities pursuing section 203 transactions will maintain the same burden to demonstrate that their proposed transaction has no adverse effect on rates. The increased burden will only apply to entities that disagree and then must justify a different categorization of transaction-related costs. Applicants must formulate which costs they must account for and express those in advance. We estimate an additional 20 hours of burden for 18 of these filings (and related respondents) per year; the number of filings is not changing.

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Annual Cost to Federal Government: $1,191,515

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: 05/26/2016

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