FERC-725, (Final Rule & Order in RM15-25) Certification of Electric Reliability Organization; Procedures for Electric Reliability Standards

Forms and Documents

Document Name	Status
RM15-25NOPR9-17-15_20150917-3051.docx Supplementary Document	2016-07-12
RM15-25_FR7-12-16_2016-14760.pdf Supplementary Document	2016-07-12
RM15-25-000 Non-Substantive Change Justification for OMB 6-15-16.docx Justification for No Material/Nonsubstantive Change	2016-06-22
RM15-25News Release20160616-3058.pdf Supplementary Document	2016-06-20
FERC-725 supporting statement FINAL2-26-16.doc Supporting Statement A	2016-02-26
Public Law 109-58 (EPAct 2005).pdf Supplementary Document	2015-11-13
Section 215 of Federal Power Act (16 USC 824).pdf Supplementary Document	2015-11-13
18 CFR Part 39.pdf Supplementary Document	2015-11-13

IC Document Collections

IC ID	Document Title	Status
23273	Registered Entities	Unchanged
203074	Regional Entities	Unchanged
203073	Electric Reliability Organization (ERO)	Unchanged

ICR Details

OMB Control No: 1902-0225	ICR Reference No: 201604-1902-007
Status: Historical Active	Previous ICR Reference No: 201511-1902-007
Agency/Subagency: FERC	Agency Tracking No: FERC-725
Title: FERC-725, (Final Rule & Order in RM15-25) Certification of Electric Reliability Organization; Procedures for Electric Reliability Standards
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: 09/22/2016
	Date Received in OIRA: 07/12/2016
Terms of Clearance: In accoradance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2019	02/28/2019	02/28/2019
Responses	1,779	0	1,779
Time Burden (Hours)	1,226,136	0	1,226,136
Cost Burden (Dollars)	65,000	0	65,000

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Abstract: Final Rule in Docket RM15-25. FERC amends its regulations to require the North American Electric Reliability Corporation (NERC) to provide the Commission, and Commission staff, with access, on a non-public and ongoing basis, to certain databases compiled and maintained by NERC. The amended regulation applies to the following NERC databases: (1) the Transmission Availability Data System, (2) the Generating Availability Data System, and (3) the protection system misoperations database. Access to these databases, which will be limited to data regarding U.S. facilities provided to NERC on a mandatory basis, will provide the Commission with information necessary to determine the need for new or modified Reliability Standards and to better understand NERC’s periodic reliability and adequacy assessments. As clarified on 7/7/2016, "To conform with Federal Register guidelines, the Commission clarifies the final rule’s effective date and compliance date as follows: Effective date: This rule will become effective [INSERT DATE of publication in the FEDERAL REGISTER]. Compliance date: The compliance date is based on issuance of the final rule in Docket No. RM16-15-000. The Commission will publish a document in the Federal Register announcing the compliance date. " [The compliance date is being coordinated with the date for the FAST Act final rule in Docket RM16-15.] FERC-725, In General. The FERC-725 contains the following information collection elements: Self Assessment and ERO (Electric Reliability Organization) Application: The Commission requires the ERO to submit to FERC a performance assessment report every five years. The next assessment is due in 2019. Each Regional Entity submits a performance assessment report to the ERO. Submitting an application to become an ERO is also part of this collection. Reliability Assessments: 18 CFR 39.11 requires the ERO to assess the reliability and adequacy of the Bulk-Power System in North America. Subsequently, the ERO must report to the Commission on its findings. Regional entities perform similar assessments within individual regions. Currently the ERO submits to FERC three assessments each year: long term, winter, and summer. In addition, NERC also submits various other assessments as needed. Reliability Standards Development: Under Section 215 of the FPA, the ERO is charged with developing Reliability Standards. Regional Entities may also develop regional specific standards. Reliability Standards are one of the three principal mechanisms provided to FERC to ensure reliability on the Bulk-Power System. Reliability Compliance: Reliability Standards are mandatory and enforceable upon approval by FERC. In addition to the specific information collection requirements contained in each standard (cleared under other information collections), there are general compliance, monitoring and enforcement information collection requirements imposed on applicable entities. Audits, spot checks, self-certifications, exception data submittals, violation reporting, and mitigation plan confirmation are included in this area. Stakeholder Survey: The ERO uses a stakeholder survey to solicit feedback from registered entities in preparation for its three year and five year self-performance assessment. The Commission assumes that the ERO will perform another survey prior to the 2019 self- assessment. Other Reporting: This category refers to all other reporting requirements imposed on the ERO or regional entities in order to comply with the Commission’s regulations. For example, FERC may require NERC to submit a special reliability assessment. This category captures these types of one-time filings required of NERC or the Regional Entities. The Commission implements its responsibilities through 18 CFR Part 39.

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Authorizing Statute(s): US Code: 16 USC 824o 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:
	80 FR 50846	08/21/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 68532	11/05/2015
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Electric Reliability Organization (ERO)
Regional Entities
Registered Entities

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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	1,779	1,779	0	0	0	0
Annual Time Burden (Hours)	1,226,136	1,226,136	0	0	0	0
Annual Cost Burden (Dollars)	65,000	65,000	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: The Commission first estimated the burden for this collection in 2006, at a time when the Reliability program was not yet established. In 2009 and 2012 the Commission sought renewal of this collection and was able to estimate the burden more accurately than in the initial collection. Since 2006, the ERO Enterprise has undergone continuous change in how it performs its responsibilities and which responsibilities are delegated to the Regions. In preparing the current renewal request package, the Commission closely examined the current programs and corresponding data. Based on this research, the Commission found that it is necessary to adjust the previous burden estimate. The ERO generally decides what Reliability Standard will be developed, which requirements will be audited and which standards will be subject to self-certification. Some of the increase and decreases can be accounted for by NERC’s decisions that Reliability Standards are at a steady state and on the new Reliability Assurance Initiative (RAI) program which determines what to include based on the level of risk in the compliance activities in a given year. For this ICR, staff reviewed the material submitted by the ERO Enterprise, examined who would put the work together, and who would prepare it for filing with the Commission. Staff determined that the material was prepared by a number of professions (e.g. engineer, attorney and administrative) in various proportions depending upon the item. Staff based the information collection burden on the best assumptions and estimates available..

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Annual Cost to Federal Government: $3,742,418

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: 07/12/2016

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