FERC-725, (Final Rule in RM18-2-000) Certification of Electric Reliability Organization; Procedures for Electric Reliability Standards

Forms and Documents

Document Name	Status
RM18-2-000 Final Rule (Non-Substantive Change Justification for FERC-725).docx Justification for No Material/Nonsubstantive Change	2018-08-07
16 USC 824(o).pdf Supplementary Document	2018-07-20
EPAct 2005 (109 PL 58).pdf Supplementary Document	2018-07-20
18 CFR Part 39.pdf Supplementary Document	2018-07-20
RM18-2-000 Final Rule New Release (7-19-2018).pdf Supplementary Document	2018-07-20
RM18-2_725_present_20171222-3083.pdf Supplementary Document	2017-12-26
FERC-725 supporting statement FINAL2-26-16.doc Supporting Statement A	2016-02-26

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: 201807-1902-006
Status: Historical Active	Previous ICR Reference No: 201711-1902-002
Agency/Subagency: FERC	Agency Tracking No: FERC-725
Title: FERC-725, (Final Rule in RM18-2-000) 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: 09/28/2018
	Date Received in OIRA: 08/10/2018
Terms of Clearance: This non-substantive change request is approved for a FERC directed standards request for this one time only. Any future FERC commission rules that require NERC to develop or modify NERC reliability standards will only be approved as part of this ICR by OMB if they are submitted as an ICR revision request with the required public notice and comment. In addition if such requests are connected to a rule-making that needs to be indicated as part of the ICR revision request.

	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: 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. Final Rule in Docket No. RM18-2-000 (RIN 1902-AF46). The Federal Energy Regulatory Commission (Commission) directs the North American Electric Reliability Corporation (NERC), the Commission-certified Electric Reliability Organization, to develop and submit modifications to the NERC Reliability Standards to improve mandatory reporting of Cyber Security Incidents, including incidents that might facilitate subsequent efforts to harm the reliable operation of the bulk electric system across all Reliability Standards.

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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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 08/10/2018

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