FERC-912, “PURPA Section 210(m) Notification Requirements Applicable to Cogeneration and Small Power Production Facilities”

Forms and Documents

Document Name	Status
18CFR292.313PDFgate.pdf Supplementary Document	2009-12-04
18CFR292.312PDFgate.pdf Supplementary Document	2009-12-04
18CFR292.311PDFgate.pdf Supplementary Document	2009-12-04
18CFR292..310PDFgate.pdf Supplementary Document	2009-12-04
FERC- 912 Supporting Statement 2009 PWM 11_23_09EB11_30.doc Supporting Statement A	2009-11-30

IC Document Collections

IC ID	Document Title	Status
23265	FERC-912, “PURPA Section 210(m) Notification Requirements Applicable to Cogeneration and Small Power Production Facilities" Other-Regulations	Modified

ICR Details

OMB Control No: 1902-0237	ICR Reference No: 200911-1902-003
Status: Historical Active	Previous ICR Reference No: 200611-1902-003
Agency/Subagency: FERC	Agency Tracking No: FERC-912 [formerly 912(556)]
Title: FERC-912, “PURPA Section 210(m) Notification Requirements Applicable to Cogeneration and Small Power Production Facilities”
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/29/2010
	Date Received in OIRA: 12/04/2009
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for 3 years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2013	36 Months From Approved	02/28/2010
Responses	7	0	860
Time Burden (Hours)	86	0	2,810
Cost Burden (Dollars)	5,305	0	0

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Abstract: In 1978, Congress passed the Public Utility Regulatory Policies Act (PURPA), which aimed to encourage conservation of energy through efficient use of energy resources and facilities by electric utilities. PURPA requirements encouraged energy conservation by promoting the production of electric power by cogeneration facilities that use reject heat associated with commercial or industrial processes, and by small power production facilities that use other wastes and renewable resources. PURPA established various benefits to promote the development and use of these types of generation facilities, however facilities were required to meet certain technical and corporate criteria in order to qualify for these benefits. Facilities meeting these criteria are called “qualifying facilities” (QFs). The criteria for qualification as a QF, as well as benefits afforded QFs, are described in PURPA sections 201-203. Prior to the enactment of the Energy Policy Act of 2005 (EPAct 2005), a public utility was obligated under PURPA to sell or purchase electric power from a QF. However section 1253(a) of EPAct 2005 amended PURPA by adding a section 210(m), allowing the termination and reinstatement of an electric utility’s obligation to purchase and sell energy and capacity to/from QFs.

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Authorizing Statute(s): PL: Pub.L. 95 - 617 2601 Name of Law: Public Utility Regulatory Policies Act of 1978
   PL: Pub.L. 109 - 58 1253 Name of Law: Energy Policy Act of 2005
  

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:
	74 FR 47567	09/16/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 63743	12/04/2009
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-912, “PURPA Section 210(m) Notification Requirements Applicable to Cogeneration and Small Power Production Facilities"

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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	7	860	0	0	-853	0
Annual Time Burden (Hours)	86	2,810	0	0	-2,724	0
Annual Cost Burden (Dollars)	5,305	0	0	0	5,305	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: There is a reduction in the number of respondents from 860 to seven. Over the past three years, the Commission received an average of seven filings per year thus warranting this reduction. The original figure used by the Commission was based on number of respondents in the universe, not the number of filers. Through the last three years, the Commission received an average of seven filings per year. With that historical information, the Commission can now justify the reduction from 860 to seven filings per year and the resulting decrease in the total annual burden. The increase in the hours of burden per filing to 12-13 hours (up from the estimated 3.27 hours [described in the supporting statement for the final rule in Docket RM06-10, 10/2006]) results from a review of the actual filings and an estimate of the required time for completion. FERC received no comments during the 60-day comment period on the burden estimates. Industry cost estimates were included in the previous supporting statement but were not included in OMB's ROCIS. For this submittal, they are included in both the supporting statement and OMB's ROCIS.

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Annual Cost to Federal Government: $39,969

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: 12/04/2009

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