In accordance
with 5 CFR 1320, the information collection is approved for three
years. Note that the burden estimates presented here serve as
‘placeholder’ values as is approved as such. FERC does not
currently have any applications pending or any proposed projects in
the pre-filing process. If the number of respondents or the burden
changes significantly during this approval period, such that the
burden estimate, as approved, is no longer a reasonable estimate,
FERC will request a modification to update this collection.
Inventory as of this Action
Requested
Previously Approved
10/31/2022
36 Months From Approved
10/31/2019
1
0
1
9,600
0
9,600
0
0
0
The blackout of August 2003
highlighted the need to bolster the nation’s electric transmission
system. However, even after the blackout, construction of
interstate transmission remained relatively stagnant. This prompted
Congress to require that the Department of Energy (DOE) identify
transmission constraints. Specifically, the Energy Policy Act of
2005 (EPAct 2005) mandates that DOE conduct a study of electric
transmission congestion within one year of enactment and every
three years thereafter. After DOE conducts the study, EPAct 2005
requires that DOE issue a report, based on the study, designating
any geographic areas experiencing electric energy transmission
capacity constraints or congestion that adversely affects consumers
as a national interest electric transmission corridor (NIETC).
Section 1221 of EPAct 2005 added a new Section 216 to the Federal
Power Act (FPA). Section 216(c)(2) of the FPA requires that the
Commission issue rules specifying the form of and the information
to be contained in an application for proposed construction or
modification of electric transmission facilities in a designated
NIETC, and the manner of service of notice of the permit
application on interested persons. The Commission implemented these
requirements in a new Part 50 of existing subchapter B of the
Commission’s regulations. The new procedures required certain
modifications to other existing regulations, including the
Commission’s regulations implementing the National Environmental
Policy Act of 1969 (NEPA) in Part 380. The purpose of these
regulations is to implement the Commission’s mandates under EPAct
2005 Section 1221 which authorizes the Commission to issue permits
under FPA Section 216(b) for electric transmission facilities and
the Commission’s delegated responsibility to coordinate all other
federal authorizations under FPA Section 216(h). Section 50.2(b)
and (c) requires any entity seeking a permit to construct electric
transmission facilities to file all the information required by the
proposed regulations for Commission consideration. The Commission
considers the requirements of Part 50 a direct obligation. All
filing requirements necessary to issue a construction permit must
be filed unless the prospective applicant or applicant provides a
specific showing of why something was not filed. Finally, under
Section 50.2(d), the burden of proof of providing all the
information in an intelligible form and justification for omitted
data lies on the prospective applicant.
US Code:
16
USC 216 Name of Law: Federal Power Act
PL:
Pub.L. 109 - 58 1221 Name of Law: Energy Policy Act of 2005
(EPAct of 2005)
US Code: 42
USC 4321 Name of Law: National Environmental Policy Act of
1969
US Code: 42
USC 7172 Name of Law: Department of Energy Organization Act
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:
(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;
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.