FERC-603 30-day notice published 8 30 2023

Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
within 15 days of the issuance of this
order.
7. In the event that any of the abovecaptioned market-based rate sellers have
already filed its Electric Quarterly
Reports in compliance with the
Commission’s requirements, its
inclusion herein is inadvertent. Such
market-based rate seller is directed,
within 15 days of the date of issuance
of this order, to make a filing with the
Commission identifying itself and
providing details about its prior filings
that establish that it complied with the
Commission’s Electric Quarterly Report
filing requirements.
8. If any of the above-captioned
market-based rate sellers do not wish to
continue having market-based rate
authority, that seller may file a notice of
cancellation with the Commission
pursuant to section 205 of the FPA to
cancel its market-based rate tariff.
The Commission orders:
(A) Within 15 days of the date of
issuance of this order, each public
utility listed in the caption of this order
shall file with the Commission all
delinquent Electric Quarterly Reports. If
a public utility subject to this order fails
to make the filings required in this
order, the Commission will revoke that
public utility’s market-based rate
authorization and will terminate its
electric market-based rate tariff. The
Secretary is hereby directed, upon
expiration of the filing deadline in this
order, to promptly issue a notice,
effective on the date of issuance, listing
the public utilities whose tariffs have
been revoked for failure to comply with
the requirements of this order and the
Commission’s Electric Quarterly Report
filing requirements.
(B) The Secretary is hereby directed to
publish this order in the Federal
Register.
By the Commission.
Issued: August 24, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023–18742 Filed 8–29–23; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

lotter on DSK11XQN23PROD with NOTICES1

Federal Energy Regulatory
Commission
[Docket No. IC23–10–000]

Commission Information Collection
Activities (Ferc-603); Comment
Request; Extension
Federal Energy Regulatory
Commission.

AGENCY:

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Notice of information collection
and request for comments.

ACTION:

In compliance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Energy Regulatory Commission
(Commission or FERC) is soliciting
public comment on the currently
approved information collection, FERC–
603 (Critical Energy/Electric
Infrastructure Information Data
Request), which will be submitted to the
Office of Management and Budget
(OMB) for a review of the information
collection requirements.
DATES: Comments on the collection of
information are due September 29,
2023.
ADDRESSES: Send written comments on
FERC–603 to OMB through
www.reginfo.gov/public/do/PRAMain,
Attention: Federal Energy Regulatory
Commission Desk Officer. Please
identify the OMB control number
(1902–0197) in the subject line. Your
comments should be sent within 30
days of publication of this notice in the
Federal Register.
Please submit copies of your
comments (identified by Docket No.
IC23–10–000) to the Commission as
noted below. Electronic filing through
https://www.ferc.gov is preferred.
• Electronic Filing: Documents must
be filed in acceptable native
applications and print-to-PDF, but not
in scanned or picture format.
• For those unable to file
electronically, comments may be filed
by USPS mail or by hand (including
courier) delivery.
Æ Mail via U.S. Postal Service Only:
Addressed to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE,
Washington, DC 20426.
Æ Hand (including courier) delivery:
Deliver to: Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
SUMMARY:

Instructions
OMB submissions must be formatted
and filed in accordance with submission
guidelines at www.reginfo.gov/public/
do/PRAMain. Using the search function
under the ‘‘Currently Under Review
field,’’ select Federal Energy Regulatory
Commission; click ‘‘submit’’ and select
‘‘comment’’ to the right of the subject
collection.
FERC submissions must be formatted
and filed in accordance with submission
guidelines at: https://www.ferc.gov. For
user assistance, contact FERC Online
Support by email at ferconlinesupport@
ferc.gov, or by phone at: (866) 208–3676
(toll-free).

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Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov and
telephone at (202) 502–8663.
SUPPLEMENTARY INFORMATION:
Title: FERC–603, Critical Energy/
Electric Infrastructure Information Data
Request.
OMB Control No.: 1902–0197.
Type of Request: Three-year extension
of the FERC–603 information collection
requirements with no changes to the
current reporting and recordkeeping
requirements.1
Abstract: In accordance with section
215A(d) of the Federal Power Act 2 and
18 CFR 388.113, this collection of
information provides that persons may
seek Critical Energy/Electric
Infrastructure Information (CEII). To
receive CEII, they must show they have
a legitimate need for such information,
and they must submit a non-disclosure
agreement that decreases the likelihood
that such information could be used to
plan or execute terrorist attacks.
This collection of information
provides an alternative to seeking CEII
in accordance with the Freedom of
Information Act (FOIA).3 That statute
requires federal agencies to disclose the
requested information unless one or
more of several FOIA exemptions
justifies withholding of the requested
information. In the case of CEII, two
FOIA exemptions are likely to apply to
CEII,4 and applying one of them
frequently results in a decision to
withhold the information from the FOIA
requester. The Commission realizes that
this process could prevent persons with
a legitimate need for CEII from obtaining
such information. For example, market
participants seeking to develop new or
expanded energy resources may have
such a need.
In the aftermath of the September 11,
2001 terrorist attacks, the Commission
1 The CEII request form and five versions of the
non-disclosure agreement (General Non-Disclosure
Agreement, Media Non-Disclosure Agreement,
Federal Agency Acknowledgement and Agreement,
State Agency Employee Non-Disclosure Agreement,
and Consultant Non-Disclosure Agreement) are
posted at https://www.ferc.gov/legal/ceii-foia/
ceii.asp.
2 16 U.S.C. 824o–1(d).
3 5 U.S.C. 552 (2018).
4 The relevant FOIA exemptions are Exemption
3, which allows the withholding of information
prohibited from disclosure by another statute and
Exemption 7, which protects from disclosure
certain law enforcement information, including
information the disclosure of which might
jeopardize a person’s life or safety.

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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices

determined that it was important to
improve the appropriate treatment of
CEII, both to assist requesters with a
legitimate need for CEII, and to restrict
access to the sensitive information due
to the ongoing terrorism threat. The
Commission promulgated 18 CFR
388.113 to achieve those goals.
Under 18 CFR 388.13(g)(5), a request
for CEII must contain:
• The requester’s name, title, address,
and telephone number;
• The name, address, and telephone
number of the person or entity on whose
behalf the information is requested;
• A detailed Statement of Need; and
• An executed non-disclosure
agreement.

Commission may audit the recipient’s
compliance with the non-disclosure
agreement; that a recipient is obligated
to protect the CEII even after a
designation has lapsed 5 until the CEII
Coordinator 6 determines the
information should no longer be
designated as CEII; and the recipient is
required to promptly report all
unauthorized disclosures of CEII to the
Commission.
Type of Respondents: Persons seeking
access to CEII.
Estimate of Annual Burden: The
Commission estimates the total annual
burden 7 and cost 8 for this information
collection as follows.

Number of
respondents

Annual
number of
responses per
respondent

Total
number of
responses
(column 1 ×
column 2)

Average burden & cost
per response

Total annual burden hours & total
annual cost
(column 3 × column 4)

Cost per
respondent
($)
(column 5
÷ column 1)

(1)

(2)

(3)

(4)

(5)

(6)

50 ...................

1

50

0.3 hrs.; $27.30 ................................

15 hrs.; $1,365 .................................

$27.30

The Request Form 9 is attached to this
notice but will not be published in the
Federal Register. It will be posted in the
Commission’s eLibrary system with this
Notice. Comments are invited on: (1)
whether the collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimate of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
Dated: August 24, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023–18753 Filed 8–29–23; 8:45 am]
BILLING CODE 6717–01–P

lotter on DSK11XQN23PROD with NOTICES1

Under 18 CFR 388.133(h)(2), the nondisclosure agreement indicates the
individual’s willingness to adhere to
limitations on the use and disclosure of
the information requested, and
stipulates at minimum that the CEII:
• Will only be used for the purpose
for which it was requested;
• May only be discussed with
authorized recipients;
• Must be kept in a secure place in a
manner that would prevent
unauthorized access;
• Must be destroyed or returned to
the Commission upon request; and
• Is not subject to release under either
FOIA or Sunshine Laws.
In addition, the non-disclosure
agreement provides that the

5 The Commission’s regulation at 18 CFR 388.113
provides criteria and procedures to designate
information as CEII. A designation may last for up
to five years, unless it is re-designated. A
designation may be removed at any time, in whole
in part, if the Commission determines that the
unauthorized disclosure of CEII can no longer be
used to impair the security or reliability of the bulkpower system or distribution facilities or any other
form of energy infrastructure.
6 The regulation at 18 CFR 375.313 delegates
authority to a CEII Coordinator to receive and

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The staff of the Federal Energy
Regulatory Commission (FERC or
Commission) will prepare an
environmental document that will
discuss the environmental impacts of
the Rio Bravo Pipeline Route
Amendment (Route Amendment),
which involves four minor route
adjustments to the previously
authorized pipeline alignment, as well
as a pipe thickness design modification
to use an alternative maximum
allowable operating pressure (MAOP)
calculation, as compared to the
previously authorized Rio Bravo
Pipeline Project, which was approved

by the Commission on November 22,
2019, in Docket No. CP16–455–000.1
Please note that the previously
approved Rio Bravo Pipeline Project and
Rio Bravo Pipeline Project Amendment
are not under re-consideration in this
Route Amendment. The Commission
will use the environmental document
referred to in this notice in its decisionmaking process to determine whether
the four minor route adjustments and
alternative MAOP proposed in the
Route Amendment are in the public
convenience and necessity.
This notice announces the opening of
the scoping process the Commission
will use to gather input from the public
and interested agencies regarding the
Route Amendment. As part of the
National Environmental Policy Act
(NEPA) review process, the Commission
takes into account concerns the public
may have about proposals and the
environmental impacts that could result
from its action whenever it considers
the issuance of a Certificate of Public
Convenience and Necessity. This
gathering of public input is referred to

review all requests for CEII, make determinations
regarding such requests, establish reasonable
conditions on the release of CEIII, and release CEII
to requesters who agree in writing to abide by the
conditions set forth by the Coordinator.
7 ‘‘Burden’’ is the total time, effort, or financial
resources expended by persons to generate,
maintain, retain, or disclose or provide information
to or for a federal agency. For further explanation
of what is included in the information collection
burden, refer to 5 CFR 1320.3.

8 The Commission staff thinks that the average
respondent for this collection is similarly situated
to the Commission, in terms of salary plus benefits.
Based upon the FERC’s 2022 average cost for salary
plus benefits, the average hourly cost is $91/hour.
9 The Request Form (and sample non-disclosure
agreements) and additional information about the
CEII program are posted at: https://www.ferc.gov/
enforcement-legal/ceii/overview.
1 The Rio Bravo Pipeline Project was amended, as
approved by the Commission on April 21, 2023, in
docket no. CP20–481–000.

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP23–519–000]

Rio Bravo Pipeline Company, LLC;
Notice of Scoping Period Requesting
Comments on Environmental Issues
for the Proposed Rio Bravo Pipeline
Route Amendment

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