FERC-915, Public Utility Market-Based Rate Authorization Holders – Records Retention Requirements

Forms and Documents

Document Name	Status
FERC-915 Supporting Statement OMB .docx Supporting Statement A	2020-01-08
18 CFR 1c.1.pdf Supplementary Document	2019-04-29
18 CFR 35.41(d).pdf Supplementary Document	2019-04-29
FERC-915 30 day final.pdf Supplementary Document	2019-04-29
FERC-915 30-day (issued 4.23).docx Supplementary Document	2019-04-23
FERC-915 30-day (published errata).pdf Supplementary Document	2019-04-23
FERC-915 30-day (published).pdf Supplementary Document	2019-04-12
FERC-915 30-day (issued).docx Supplementary Document	2019-04-09
FERC-915 60-day notice (published).pdf Supplementary Document	2019-02-21
FERC-915 60-day notice (issued).docx Supplementary Document	2019-02-21
USCODE-2011-title16-chap12-subchapII-sec824d.pdf Supplementary Document	2015-09-03

IC Document Collections

IC ID	Document Title	Status
23270	FERC-915, Public Utility Market-Based Rate Authorization Holders – Records Retention Requirements	Modified

ICR Details

OMB Control No: 1902-0250	ICR Reference No: 201809-1902-014
Status: Active	Previous ICR Reference No: 201509-1902-003
Agency/Subagency: FERC	Agency Tracking No: FERC-915
Title: FERC-915, Public Utility Market-Based Rate Authorization Holders – Records Retention Requirements
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: 01/13/2020
	Date Received in OIRA: 04/29/2019
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	01/31/2023	36 Months From Approved	01/31/2020
Responses	2,510	0	1,955
Time Burden (Hours)	2,510	0	2,933
Cost Burden (Dollars)	15,600	0	432,916

---

Abstract: In accordance with the Federal Power Act (FPA), the Department of Energy Organization Act (DOE Act), and the Energy Policy Act of 2005 (EPAct 2005), the Commission regulates the transmission and wholesale sales of electricity in interstate commerce, monitors and investigates energy markets, uses civil penalties and other means against energy organizations and individuals who violate Commission rules in the energy markets, administers accounting and financial reporting regulations, and oversees conduct of regulated companies. The Commission has the regulatory responsibility under section 205 of the Federal Power Act to ensure that wholesale sales of electricity are just and reasonable and provided in a non-discriminatory manner. Due to 18 CFR 35.41(d), the Commission requires all sellers with market-based rates to retain all relevant sales documents for five years. Relevant documents include all information upon which a seller billed the prices it charged for electric energy or electric energy products sold pursuant to seller's market-based rate tariff and the prices it reported for use in price indices. In addition to the five–year record retention requirements previously highlighted, the five-year statute of limitations applies where the Commission seeks civil penalties for violations of the Anti-Manipulation rule or other rules, regulations, or orders to which the price information may be relevant.

---

Authorizing Statute(s): US Code: 16 USC 791-825r Name of Law: Federal Power Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 5076	02/20/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 18013	04/29/2019
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
FERC-915, Public Utility Market-Based Rate Authorization Holders – Records Retention Requirements

---

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	2,510	1,955	0	0	555	0
Annual Time Burden (Hours)	2,510	2,933	0	0	-423	0
Annual Cost Burden (Dollars)	15,600	432,916	0	0	-417,316	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 annual burden hours has decreased although the number of responses has increased based on the number of companies that apply to and are approved by the Commission to sell under market based rates and industry influx. The number of companies is based on a bi-monthly list of approved market-based rate holders. The number of companies that apply are driven by industry and does not change due to agency discretion. The the annual burden hours are also reduced due to the electronic filing system used by companies/respondents.

---

Annual Cost to Federal Government: $4,931

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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

---

Common Form ICR:  No

---

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: 04/29/2019

---