FERC-917 & -918, (NOPR in RM14-11) Non-Discriminatory Open Access Transmission Tariff
Revision of a currently approved collection
No
Regular
Comment filed on proposed rule and continue
07/14/2014
06/12/2014
OMB files this comment in accordance with 5 CFR 1320.11(c) of the Paperwork Reduction Act and is withholding approval of this collection at this time. This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. The agency shall examine public comment in response to the Notice of Proposed Rulemaking and will include in the supporting statement of the next ICR, to be submitted to OMB at the final rule stage, a description of how the agency has responded to any public comments on the ICR. This action has no effect on any current approvals.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
11/30/2016
36 Months From Approved
11/30/2016
804
0
804
160,042
0
160,042
7,400,000
0
7,400,000
In this NOPR, the Federal Energy Regulatory Commission (FERC or Commission) proposes to amend its regulations to waive the Open Access Transmission Tariff (OATT) requirements of 18 CFR 35.28, the Open Access Same-Time Information System (OASIS) requirements of Part 37 (18 CFR 37), and the Standards of Conduct requirements of Part 358 (18 CFR 358) for any public utility that is subject to such requirements solely because it owns, controls, or operates Interconnection Customer's Interconnection Facilities (ICIF), in whole or in part, and sells electric energy from its Generating Facility, as those terms are defined in the pro forma Large Generator Interconnection Procedures (LGIP) and the pro forma Large Generator Interconnection Agreement (LGIA) and adopted in Order No. 2003. The Commission proposes to find that requiring the filing of an OATT is not necessary to prevent unjust or unreasonable rates or unduly discriminatory behavior with respect to ICIF over which interconnection and transmission services can be ordered pursuant to sections 210, 211, and 212 of the Federal Power Act (FPA).
The blanket waivers result in the reduction in burden associated with avoided OATT filings and OATT waiver filings. These filings have been used to clarify the rights and obligations of owners of transmission facilities. The Commission preliminarily finds that the blanket waiver is justified because because the usually limited and discrete nature of ICIF and ICIF's dedicated interconnection purpose mean that such facilities do not typically present all of the concerns about discriminatory conduct that the Commission's OATT, OASIS and Standards of Conduct requirements were intended to address. Because third-party requests to use ICIF have been relatively rare, it is more efficient to address such situations as they arise on an individual basis.
Creating this safe harbor necessitates the safe harbor energize date filing resulting in the slight additional burden. This information may be used by both the Commission and the public to ascertain when a safe harbor period will be in effect, which would have implications on the standard a third party would have to meet in an FPA section 210 and 211 application. Without the safe harbor energize date filing, it would be more difficult for the Commission and any potentially interested third party to verify when the safe harbor period would expire, which could cause confusion as to the standard a third party would need to meet in an FPA section 210 and 211 application.
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.
RM14-11 NOPR supporting statement.docx
FPA Section 212.pdf
16USC 824 d e.doc
FERC-917 (Final Rule in RM11-24)