The information submitted to FERC is in a written application for determination
of status as an Exempt Wholesale Generator (EWG)or a Foreign Utility Company (FUCO). Accordingly the information provided in the self-certifications may vary. FERC reviews the applications to determine whether the applicant meets the statutory requirements for EWG or FUCO status and for consistency with PUHCA 2005. FERC limits its consideration to the purpose of determining the adequacy of the factual representations made to satisfy the statutory criteria. As noted above, the information collected is used by FERC to implement the statutory provisions of Title XII, subchapter F of the Energy Policy Act of 2005 (EPAct 2005).
1)EWGs are companies engaged directly, or indirectly though one or more affiliates, and exclusively in the business of owning and/or operating all or part of one or more Âeligible facilities and selling electric energy at wholesale.
2)FUCOs are companies that own and operate facilities used for the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas outside of the United States. FUCOs derive no part of their income, directly or indirectly, from the United States energy markets.
There is adjuFERC issued Final Rule RM05-32-000 in response to enactment of the Energy Policy Act of 2005. The regulations fulfilled FERCÂs responsibilities to implement rules implementing the repeal of the Public Utility Holding Company Act of 1935 and the enactment of Public Utility Holding Company Act of 2005, EPAct 2005. FERC removed its existing exempt wholesale generator rules, 18 C.F.R. Part 365 as they were no longer necessary. In response to comments that FERC received, it decided that in interpreting PUHCA 2005, FERC can permit new wholesale sellers to obtain Exempt Wholesale Generator status (EWG). Therefore, FERC allowed EWGs and now FUCOs (foreign utility companies) to use self certification for their exemption. The Commission estimated that 27 EWGs would file under the new self certification procedures. That number has increased to 122 EWGs who have filed for self certification. The remainder of the 199 entities or 77 entities are FUCOs. The Commission has experienced an increase of 95 entities over its original estimate who are responding to changes to the CommissionÂs regulations and are now using the self certification process for EWGs and 77 entities who are now subject to the CommissionÂs regulations due to the passage of Energy Policy Act 2005, specifically PUHCA 2005.
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.
18 CFR 366.1et.sl..doc
20060508-5084(15321335).pdf
Self Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status