FERC-505, (Final Rule in RM20-21-000) Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination

ICR 202107-1902-008

OMB: 1902-0115

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2021-08-05
Supplementary Document
2021-08-05
Supplementary Document
2021-07-15
Supplementary Document
2021-07-15
Supplementary Document
2021-07-15
Supplementary Document
2021-07-15
Supplementary Document
2021-07-15
Supplementary Document
2021-07-15
ICR Details
1902-0115 202107-1902-008
Received in OIRA 201905-1902-017
FERC FERC-505
FERC-505, (Final Rule in RM20-21-000) Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination
Revision of a currently approved collection   No
Regular 08/06/2021
  Requested Previously Approved
02/28/2022 05/31/2022
324 324
24,555 24,635
0 0

The final rule at Docket No. RM20-21-000 revises the information collection activity associated with Commission determinations whether a proposed project is a “qualifying conduit hydropower facility” that is eligible for exemption from the requirements of Part I of the Federal Power Act. To obtain a determination that a project is a qualifying conduit hydropower facility, an entity must file with the Commission a notice of intent (NOI) to construct the facility that demonstrates the facility meets the qualifying criteria. Previously, 18 CFR 4.401(f)(3) required that the NOI intent include a profile drawing if a dam would be constructed in association with the facility, to show that the conduit, and not the dam, creates the hydroelectric potential. The final rule removes that requirement. The estimated burden hours for the activity titled “Small hydropower projects and conduit facilities including license / relicense, exemption and qualifying conduit facility determination” is reduced by the removal of the requirement at 4.401(f)(3) to submit profile drawings as part of NOIs for qualifying conduit exemptions. We believe that this amendment reduces the burden hours for 8 of the 32 responses estimated for the relevant information collection activity by 10 hours for each of the 8 affected submissions ― a total reduction of 80 hours in the average burden hours for the activity. The final rule removes the requirement at section 4.401(f)(3) to provide a profile drawing for a qualified conduit facility NOI. As stated in the final rule, this amendment implements Commission precedent providing that it is not relevant whether a conduit’s ability to generate hydropower is due to the conduit’s gradient or the head from an upstream dam. The rationale for the removal of 18 CFR 4.401(f)(3) is that this holding indicates that a profile drawing is not necessary in order to determine if a proposed project is a qualifying conduit hydropower facility. The removal of 18 CFR 4.401(f)(3) reduces the hour burdens for FERC-505.

US Code: 16 USC 791 Name of Law: Federal Power Act
  
None

1902-AF77 Final or interim final rulemaking 86 FR 42710 08/05/2021

No

  Total Request 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 324 324 0 0 0 0
Annual Time Burden (Hours) 24,555 24,635 0 -80 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
Yes
Changing Regulations
The estimated burden hours for the activity titled “Small hydropower projects and conduit facilities including license / relicense, exemption and qualifying conduit facility determination” are reduced by the removal of the requirement at 4.401(f)(3) to submit profile drawings as part of NOIs for qualifying conduit exemptions. This amendment reduces the burden hours for 8 of the 32 responses estimated for the relevant information collection activity by 10 hours for each of the 8 affected submissions ― a total reduction of 80 hours in the average burden hours for the activity.

$1,471,271
No
    No
    No
No
No
No
No
Jean Sonneman 202 785-6577 jean_sonneman@blm.gov

  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:
 
 
 
 
 
 
 
    (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.
08/06/2021


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