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 eligible 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 FERCs 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 Commissions regulations and are now
using the self certification process for EWGs and 77 entities who
are now subject to the Commissions 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