FERC-915, Public Utility Market-Based Rate Authorization Holders – Records Retention Requirements

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
FINAL IC12-13-000 (FERC-915)-supp statement.doc	Supporting Statement A	Uploaded 2012-08-13	Available
FERC-915 Cost Estimates (10 Aug 2012).doc	Supplementary Document	Uploaded 2012-08-10	Available
28 CFR 2462.pdf	Supplementary Document	Uploaded 2012-08-10	Available
16 USC 824d.pdf	Supplementary Document	Uploaded 2012-08-08	Available
42 USC 7172.pdf	Supplementary Document	Uploaded 2012-08-08	Available
18 CFR 1c.1.pdf	Supplementary Document	Uploaded 2012-08-08	Available
PUBLISHED IC12-13-000 (FERC-915) 30dy.pdf	Supplementary Document	Uploaded 2012-08-08	Available
18 CFR 35.41(d).pdf	Supplementary Document	Uploaded 2012-08-08	Available
PUBLISHED IC12-13-000(FERC-915)60dy.pdf	Supplementary Document	Uploaded 2012-08-08	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
23270	FERC-915, Public Utility Market-Based Rate Authorization Holders – Records Retention Requirements		Modified

ICR Details

OMB Control No: 1902-0250	ICR Reference No: 201208-1902-001
Status: Historical Active	Previous ICR Reference No: 200912-1902-004
Agency/Subagency: FERC	Agency Tracking No: FERC-915
Title: FERC-915, Public Utility Market-Based Rate Authorization Holders – Records Retention Requirements
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: 11/02/2012
	Date Received in OIRA: 08/13/2012
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2015	36 Months From Approved	11/30/2012
Responses	1,730	0	1,150
Time Burden (Hours)	1,730	0	1,150
Cost Burden (Dollars)	328,983	0	439,408

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Abstract: In accordance with the Federal Power Act (FPA), the Department of Energy Organization Act (DOE Act), and the Energy Policy Act of 2005 (EPAct 2005) the Commission regulates the transmission and wholesale sales of electricity in interstate commerce, monitors and investigates energy markets, uses civil penalties and other means against energy organizations and individuals who violate Commission rules in the energy markets, administers accounting and financial reporting regulations, and oversees conduct of regulated companies. The Commission has the regulatory responsibility under section 205 of the Federal Power Act to ensure that wholesale sales of electricity are just and reasonable and provided in a non-discriminatory manner. Due to 18 CFR 35.41(d), the Commission requires all sellers with market-based rates to retain all relevant sales documents for five years. Relevant documents include all information upon which a seller billed the prices it charged for electric energy or electric energy products sold pursuant to seller's market-based rate tariff and the prices it reported for use in price indices. In addition to the five–year record retention requirements previously highlighted, the five-year statute of limitations applies where the Commission seeks civil penalties for violations of the Anti-Manipulation rule or other rules, regulations, or orders to which the price information may be relevant.

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Authorizing Statute(s): US Code: 16 USC 791-825r 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:
	77 FR 28863	05/16/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 47050	08/07/2012
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
FERC-915, Public Utility Market-Based Rate Authorization Holders – Records Retention Requirements

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ICR Summary of Burden

table that charts list 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	1,730	1,150	0	0	580	0
Annual Time Burden (Hours)	1,730	1,150	0	0	580	0
Annual Cost Burden (Dollars)	328,983	439,408	0	0	-110,425	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: The total estimated burden of the FERC-915 increased due to the Commission's approval of new applications for entities to sell under market-based rates (i.e. the number of respondents increased). Therefore, the quantity of respondents increased from the previously approved information collection and the currently presented one. It is important to note that the quantity of responses is constantly in flux relative to market participation and application approval. Conversely, the annual cost burden decreased despite the increased quantity of responses. This is due to increased reliance on electronic storage which lowered record retention costs for 50% of respondents and, thus, lowered the total resultant annual cost burden. Additionally, the previously approved information collection incorporated labor costs into the total annual cost burden to respondents. The Commission has corrected this error (i.e. labor costs are now contained within the total estimated burden upon respondents in item #12 of the supporting statement) in the data presented here and, accordingly, lowered the annual cost burden further.

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Annual Cost to Federal Government: $1,588

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]? 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: 08/13/2012

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