Pursuant to 5 CFR 1320.11(c) of the Paperwork Reduction Act of 1995, OMB files this comment on this information collection request (ICR). In accordance with 5 CFR 1320, OMB is withholding approval at this time. The agency shall examine public comment in response to the NPRM and will describe in the preamble of the final rule how the agency has maximized the practical utility of the collection and minimized the burden. The next submission to OMB must include the draft final rule.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
02/28/2022
36 Months From Approved
02/28/2022
515
0
515
321,722
0
321,722
0
0
0
On October 23, 2018, the Americaâs Water Infrastructure Act of 2018 (AWIA) was signed into law. The AWIA, among other things, requires the Commission to establish an expedited process for issuing and amending licenses for qualifying facilities at existing nonpowered dams and closed-loop pumped storage projects. Under the expedited process, the Commission will seek to ensure that a final decision on a license application will be issued no later than two years after the Commission receives a completed application for a license. Therefore, to comply with the AWIA, the Commission is amending its regulations governing hydroelectric licensing under the FPA by establishing an expedited licensing process for qualifying facilities at existing non-powered dams and for closed-loop pumped storage projects. As proposed, a new part 7 would be added to the Commissionâs regulations.
As directed by FPA sections 34 and 35, the Commission is proposing an expedited licensing process for two types of hydropower projects â qualifying facilities at existing, nonpowered dams and closed-loop pumped storage projects. The proposed regulations, if enacted, will be codified as part 7 of the Commissionâs regulations.
The addition of a new part 7 to the Commissionâs regulations would affect only the number of entities that would file applications with the Commission for these two project types, and would impose a new, albeit slight, information collection requirement (i.e., filing the request to use the expedited licensing process). The requirement that an applicant file a request for authorization to use the expedited process concurrently with its license application is necessary for the Commission to carry out its responsibilities under the FPA, as amended by the AWIA. The information provided will enable the Commission to review the features of the proposed project and make a determination on whether the proposed project meets the statutory criteria enumerated in the AWIA, as well as the early consultation requirements that the Commission has determined will help it seek to ensure that the proposed projectâs license application will be acted on no later than two years after the date of application filing.
Submission of the data is necessary to fulfill the requirements of the FPA in order for the Commission to make the required finding that a proposal is economically, technically, and environmentally sound, and is best adapted to a comprehensive plan for improving and developing a waterway or waterways.
The Commission is codifying the new requirements in the RM19-6-000 NOPR in FERC-500 and FERC-505A related to the expedited process contained in new Parts 7.1-7.9 of the Commissionâs regulations.
As directed by Congress in the AWIA, the Commission proposes to revise its regulations (affecting FERC-500) to incorporate an expedited licensing process for two types of hydroelectric projects: (1) qualifying facilities at nonpowered dams, and (2) closed-loop pumped storage projects. The expedited licensing process is an optional process that would affect only those entities that file applications with the Commission for these two project types along with a request to use the expedited process. The associated increase in burden is slight (i.e., filing the request to use the expedited licensing process). As noted above, the requirement that an applicant file a request for authorization to use the expedited process concurrently with its license application is necessary for the Commission to carry out its responsibilities under the FPA, as amended by the AWIA. This information will enable the Commission to review the features of the proposed project and make a determination on whether the proposed project meets the statutory criteria enumerated in the AWIA, as well as the early consultation requirements that the Commission has determined will help it seek to ensure that the proposed projectâs license application will be acted on no later than two years after the date of application filing.
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.
RM19-6-000 NOPR (FERC-500 FERC-505A) Supporting Statement.docx
PL 115-270 (America's Water Infrastructure Act of 2018).pdf
FERC-500, Application (or Modification) for License/Relicense for Water Projects with Greater than 5 MW Capacity