FERC-716 [consolidated], Transmission Services (Good Faith Request, Response by Transmitting Utility, and Application) under Sections 211 and 213a of the Federal Power Act

Forms and Documents

Document Name	Status
justif for deleting supplement.doc Supplementary Document	2009-07-07
716incorporate716A no d.doc Justification for No Material/Nonsubstantive Change	2009-07-07
716Ajust2009fromROCISsubmittal.doc Supplementary Document	2009-07-07
16USC824l.doc Supplementary Document	2009-07-07
716just2009.doc Supplementary Document	2009-07-06
716incorporate716A no d.doc Supporting Statement A	2009-07-06
16USC824j.doc Supplementary Document	2009-02-05

IC Document Collections

IC ID	Document Title	Status
23186	FERC-716 [consolidated], Transmission Services (Good Faith Request, Response by Transmitting Utility, and Application) under Sections 211 and 213a of the Federal Power Act	Modified

ICR Details

OMB Control No: 1902-0170	ICR Reference No: 200907-1902-001
Status: Historical Active	Previous ICR Reference No: 200902-1902-003
Agency/Subagency: FERC	Agency Tracking No: FERC-716
Title: FERC-716 [consolidated], Transmission Services (Good Faith Request, Response by Transmitting Utility, and Application) under Sections 211 and 213a of the Federal Power Act
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/18/2009
	Date Received in OIRA: 07/07/2009
Terms of Clearance: Agency is consolidating distinct collections into one and will reflect the new structure at renewal.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2012	06/30/2012	06/30/2012
Responses	3	0	3
Time Burden (Hours)	308	0	300
Cost Burden (Dollars)	0	0	0

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Abstract: This request is to merge the related requirements and burden of FERC-716A (OMB Control No. 1902-0168) into FERC-716 (OMB Control No. 1902-0170, this collection). Then upon OMB approval of this request, FERC will submit a request to OMB to discontinue the FERC-716A as a separate OMB control no. Because this request is merely merging the current requirements with no substantive change, after the FERC-716A is discontinued, the net change to burden will be 0. Both FERC-716 (under ICR Reference Number 200902-1902-003) and FERC-716A (under ICR Reference Number 200902-1902-004) were recently approved by OMB (on 6/12/2009), and the OMB expiration dates for both are 6/30/2012. The recent public Notices and supporting statements (incorporated by reference) explained FERC’s plan to consolidate the two collections into the FERC-716. [Two separate supporting statements were submitted to ensure the collections did not expire.] We received no public comments on the Notices. Therefore we propose that this request does not need another public Notice; we request that it be processed by OMB as an administrative type of action. Upon OMB approval of this request: -both sets of reporting requirements will be included in FERC-716 (OMB Control No. 1902-0170), -the consolidated FERC-716 will be renamed “Transmission Services (Good Faith Request, Response by Transmitting Utility, and Application) under Sections 211 and 213a of the Federal Power Act”. Then after FERC submits, and OMB approves, a separate discontinuation request, the FERC-716A (and its OMB Control No. 1902-0168) will no longer exist as a separate entity. Submission of the data is necessary for FERC to carry out its responsibilities to implement the statutory provisions of sections 211 & 213 of the Federal Power Act (FPA), 16 USC (824j and 16 USC 824l) as amended by the Energy Policy Act of 1992 (Pub. L. 102-486) 106 Stat. 2176. Section 211(a) of the FPA allows any electric utility, Federal power marketing agency or any other person generating electric energy for sale or resale to apply for an order requiring a transmitting utility to provide transmission services to the applicant. The Commission may issue an order only if the applicant has requested the transmission services from the transmitting utility at least 60 days before applying to the Commission. Accordingly, a request for transmission services is a condition upon which the Commission may order service under Section 211. Section 213(a) of the FPA requires a response by the transmitting utility to a good faith request. Unless the transmitting utility agrees to provide such services as rates, charges, terms and conditions acceptable to such person, the transmitting utility, within 60 days of its receipt of the request, or other mutually agreed upon period, provides such applicant with a detailed written explanation with specific reference to the facts and circumstances of the request including the basis for the proposed rates, charges, terms and conditions of such services as well as any physical constraints which would affect such service. The information is not filed with the Commission, however, the request and response may be analyzed as part of the Section 211 proceeding. When negotiations are unsuccessful, the good faith request is included in the section 211 application [application formerly called FERC-716A and being consolidated into FERC-716 here]. In addition, the Commission applies the good faith standards, so as to carry out Congress' objective that, subject to appropriate terms and conditions and just and reasonable rates, in conformance with section 212 of the Act, access to the electric transmission system for the purposes of wholesale transactions is made widely available. The consolidated FERC-716 includes information collections in 18CFR 2.20 and 36.1.

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Authorizing Statute(s): US Code: 16 USC 824j and 824l Name of Law: Federal Power Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 70988	11/24/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 6018	02/04/2009
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
FERC-716 [consolidated], Transmission Services (Good Faith Request, Response by Transmitting Utility, and Application) under Sections 211 and 213a of the Federal Power Act

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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	3	3	0	0	0	0
Annual Time Burden (Hours)	308	300	0	0	8	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This request is to merge the related requirements and burden of FERC-716A (OMB Control No. 1902-0168) into FERC-716 (OMB Control No. 1902-0170, this collection). Then upon OMB approval of this request, the FERC-716A will be discontinued as a separate OMB control no. Before consolidation, the FERC-716 represents 300 hrs. of burden, and the FERC-716A represents 8 hrs. of burden, with no substantive change. After this request is approved, the FERC-716A will be discontinued as a stand-alone OMB Control No., so the resulting net change to burden will be 0.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

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: 07/07/2009

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