FERC-516, (Final Rule in RM19-5-000) Electric Rate Schedules and Tariff Filings

Forms and Documents

Document Name	Status
RM19-5_516 Supporting Statement update1-22-2020.docx Supporting Statement A	2020-01-22
RM19-5final rule_516_eCFR_Parts37_38.docx Supplementary Document	2019-11-13
RM19-5final rule_516_eCFR_Part 35.docx Supplementary Document	2019-11-13
16 US Code 824d.docx Supplementary Document	2018-03-04

IC Document Collections

IC ID	Document Title	Status
238529	RM19-5, one-time & ongoing, averaged over Years 1-3	New
231409	Electric Rates Schedules and Tariff Filings (RM17-8-000, ongoing)	Unchanged
231408	Electric Rates Schedules and Tariff Filings (RM17-8-000; one-time)	Unchanged
23073	Electric Rates Schedules and Tariff Filings	Unchanged
230207	Electric Rate Schedules and Tariff (RM16-6)	Unchanged
219045	Tariff filing to reflect Primary frequency response services in MBR (RM15-2 Final Rule)	Unchanged
213203	RM05-5-022 (One-time)	Unchanged
206027	One-Time Tariff filing in RM05-5-020	Unchanged
203116	Variable Energy Resource Integration Rule (RM10-11) Mandatory Burden	Unchanged
203115	Variable Energy Resource Integration Rule (RM10-11) Voluntary Burden	Unchanged
199916	Frequency Regulation (RM11-7), one-time tariff filing and system modification	Unchanged
196968	Demand Response (RM10-17) --One-Time and Monthly Filings	Unchanged

ICR Details

OMB Control No: 1902-0096	ICR Reference No: 201911-1902-008
Status: Active	Previous ICR Reference No: 201805-1902-002
Agency/Subagency: FERC	Agency Tracking No: FERC-516
Title: FERC-516, (Final Rule in RM19-5-000) Electric Rate Schedules and Tariff Filings
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 01/22/2020
	Date Received in OIRA: 11/27/2019
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved through July 2021..

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2021	07/31/2021	07/31/2021
Responses	6,850	0	6,673
Time Burden (Hours)	526,198	0	523,795
Cost Burden (Dollars)	0	0	0

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Abstract: In this final rule in Docket No. RM19-5, the Federal Energy Regulatory Commission (Commission) is requiring public utility transmission providers with transmission formula rates under an Open Access Transmission Tariff, a transmission owner tariff, or a rate schedule to revise those transmission formula rates to account for changes caused by the Tax Cuts and Jobs Act of 2017. The Commission is requiring public utilities with transmission formula rates to include a mechanism in those transmission formula rates to deduct any excess accumulated deferred income taxes (ADIT) from or add any deficient ADIT to their rate bases. Public utilities with transmission formula rates are also required to incorporate a mechanism to decrease or increase their income tax allowances by any amortized excess or deficient ADIT, respectively. Finally, the Commission is requiring public utilities with transmission formula rates to incorporate a new permanent worksheet into their transmission formula rates that will annually track information related to excess or deficient ADIT. The Commission does not adopt the proposals in the notice of proposed rulemaking that were applicable to public utilities with transmission stated rates.

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Authorizing Statute(s): US Code: 16 USC 824(d), 824(e) Name of Law: Federal Power Act
  

Citations for New Statutory Requirements: PL: Pub.L. 115 - 97 13001 Name of Law: Tax Cuts and Jobs Act of 2017

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1902-AF57	Final or interim final rulemaking	84 FR 65281	11/27/2019

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 12

IC Title	Form No.	Form Name
RM19-5, one-time & ongoing, averaged over Years 1-3
RM05-5-022 (One-time)
Electric Rates Schedules and Tariff Filings
Demand Response (RM10-17) --One-Time and Monthly Filings
Frequency Regulation (RM11-7), one-time tariff filing and system modification
Variable Energy Resource Integration Rule (RM10-11) Voluntary Burden
Variable Energy Resource Integration Rule (RM10-11) Mandatory Burden
One-Time Tariff filing in RM05-5-020
Tariff filing to reflect Primary frequency response services in MBR (RM15-2 Final Rule)
Electric Rate Schedules and Tariff (RM16-6)
Electric Rates Schedules and Tariff Filings (RM17-8-000; one-time)
Electric Rates Schedules and Tariff Filings (RM17-8-000, ongoing)

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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	6,850	6,673	0	177	0	0
Annual Time Burden (Hours)	526,198	523,795	0	2,403	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: In this final rule in Docket No. RM19-5, we require, pursuant to section 206 of the Federal Power Act (FPA), all public utility transmission providers with transmission formula rates under an Open Access Transmission Tariff (OATT), a transmission owner tariff, or a rate schedule to revise those transmission formula rates to account for changes caused by the Tax Cuts and Jobs Act of 2017. The requirements set forth in this final rule are designed to address the effects of the Tax Cuts and Jobs Act on the accumulated deferred income taxes (ADIT) reflected in transmission formula rates under an OATT, a transmission owner tariff, or a rate schedule of public utilities. The requirements adopted in this final rule for public utilities with transmission formula rates track the proposals set forth in the notice of proposed rulemaking (NOPR) issued in this proceeding on November 15, 2018, with certain modifications. However, as discussed below, we decline to adopt the requirements proposed in the NOPR that were applicable to public utilities with transmission stated rates. For transmission stated rates, we instead find that a public utility’s next rate proceeding is the most appropriate place to address excess or deficient ADIT resulting from the Tax Cuts and Jobs Act. We are adopting the requirements in the NOPR for all public utilities with transmission formula rates to include a mechanism in their formula rates to deduct any excess ADIT from or add any deficient ADIT to their rate bases (Rate Base Adjustment Mechanism). This requirement will ensure that a public utility’s rate base continues to be treated in a manner similar to that prior to the Tax Cuts and Jobs Act (i.e., that rate base neutrality is preserved). We also adopt the NOPR proposal to require all public utilities with transmission formula rates to include a mechanism in their formula rates that decreases or increases their income tax allowances by any amortized excess or deficient ADIT, respectively (Income Tax Allowance Adjustment Mechanism). This requirement will ensure that public utilities with transmission formula rates return excess ADIT to or recover deficient ADIT from ratepayers. Finally, we adopt the NOPR proposal to require all public utilities with transmission formula rates to incorporate a new permanent worksheet into their transmission formula rates that will annually track information related to excess or deficient ADIT (ADIT Worksheet). This requirement will increase the transparency surrounding the adjustment of rate bases and income tax allowances to account for excess or deficient ADIT by public utilities with transmission formula rates. However, we modify the NOPR proposal that public utilities with transmission formula rates submit an unpopulated worksheet in their compliance filings and instead require the worksheet to be populated. The populated worksheet will assist the Commission in analyzing the worksheet’s function and help the Commission to assess whether the worksheet provides adequate transparency. We require each public utility with transmission formula rates to submit a filing to demonstrate compliance with the final rule, including revisions to its transmission formula rates, as necessary, within the later of (1) 30 days of the effective date of this final rule or (2) the public utility’s next annual informational filing following the issuance of this final rule.

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Annual Cost to Federal Government: $4,579,752

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

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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: 11/27/2019

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