In accordance with 5 CFR 1320, the information collection is approved for three years. Note that the burden estimates presented here serve as âplaceholderâ values as is approved as such. FERC does not currently have any applications pending or any proposed projects in the pre-filing process. If the number of respondents or the burden changes significantly during this approval period, such that the burden estimate, as approved, is no longer a reasonable estimate, FERC will request a modification to update this collection.
Inventory as of this Action
Requested
Previously Approved
10/31/2022
36 Months From Approved
10/31/2019
1
0
1
9,600
0
9,600
0
0
0
The blackout of August 2003 highlighted the need to bolster the nationâs electric transmission system. However, even after the blackout, construction of interstate transmission remained relatively stagnant. This prompted Congress to require that the Department of Energy (DOE) identify transmission constraints. Specifically, the Energy Policy Act of 2005 (EPAct 2005) mandates that DOE conduct a study of electric transmission congestion within one year of enactment and every three years thereafter. After DOE conducts the study, EPAct 2005 requires that DOE issue a report, based on the study, designating any geographic areas experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers as a national interest electric transmission corridor (NIETC).
Section 1221 of EPAct 2005 added a new Section 216 to the Federal Power Act (FPA). Section 216(c)(2) of the FPA requires that the Commission issue rules specifying the form of and the information to be contained in an application for proposed construction or modification of electric transmission facilities in a designated NIETC, and the manner of service of notice of the permit application on interested persons. The Commission implemented these requirements in a new Part 50 of existing subchapter B of the Commissionâs regulations. The new procedures required certain modifications to other existing regulations, including the Commissionâs regulations implementing the National Environmental Policy Act of 1969 (NEPA) in Part 380.
The purpose of these regulations is to implement the Commissionâs mandates under EPAct 2005 Section 1221 which authorizes the Commission to issue permits under FPA Section 216(b) for electric transmission facilities and the Commissionâs delegated responsibility to coordinate all other federal authorizations under FPA Section 216(h). Section 50.2(b) and (c) requires any entity seeking a permit to construct electric transmission facilities to file all the information required by the proposed regulations for Commission consideration. The Commission considers the requirements of Part 50 a direct obligation. All filing requirements necessary to issue a construction permit must be filed unless the prospective applicant or applicant provides a specific showing of why something was not filed. Finally, under Section 50.2(d), the burden of proof of providing all the information in an intelligible form and justification for omitted data lies on the prospective applicant.
US Code:
16 USC 216
Name of Law: Federal Power Act
PL:
Pub.L. 109 - 58 1221
Name of Law: Energy Policy Act of 2005 (EPAct of 2005)
US Code:
42 USC 4321
Name of Law: National Environmental Policy Act of 1969
US Code:
42 USC 7172
Name of Law: Department of Energy Organization Act
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.