FERC-500, (Final Rule in RM19-6-000) Application for License/Relicense for Water Projects with More than 5 Megawatt (MW) Capacity

Forms and Documents

Document Name	Status
RM19-6-000 Final Rule (FERC-500 FERC-505) Supporting Statement.docx Supporting Statement A	2019-06-07
18 CFR 5.pdf Supplementary Document	2019-06-04
18 CFR 4.34.pdf Supplementary Document	2019-06-04
18 CFR 4.pdf Supplementary Document	2019-06-04
16 USC 799.pdf Supplementary Document	2019-06-04
16 USC 798.pdf Supplementary Document	2019-06-04
16 USC 797a.pdf Supplementary Document	2019-06-04
16 USC 792.pdf Supplementary Document	2019-06-04
18 CFR Parts 7.1-7.9 (added due to RM19-6-000).pdf Supplementary Document	2019-05-28
RM19-6-000 NOPR (published).pdf Supplementary Document	2019-05-28
RM19-6-000 NOPR (issued).docx Supplementary Document	2019-05-28
regs for 500_505 RM18-14 NOPR.docx Supplementary Document	2018-05-15

IC Document Collections

IC ID	Document Title	Status
43997	FERC-500, Application (or Modification) for License/Relicense for Water Projects with Greater than 5 MW Capacity	Unchanged
236194	FERC-500 (RM19-6-000 Final Rule)	New
231465	FERC-500, Final Rule in RM18-14 [Recreation posting]	Unchanged
220658	FERC-500, Comprehensive Plans	Unchanged
220657	FERC-500, Annual Conveyance Reports	Unchanged

ICR Details

OMB Control No: 1902-0058	ICR Reference No: 201905-1902-016
Status: Active	Previous ICR Reference No: 201809-1902-008
Agency/Subagency: FERC	Agency Tracking No: FERC-500
Title: FERC-500, (Final Rule in RM19-6-000) Application for License/Relicense for Water Projects with More than 5 Megawatt (MW) Capacity
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/23/2019
	Date Received in OIRA: 06/07/2019
Terms of Clearance: Because the agency sought comments on the changes associated with the regulation, the existing expiration date remains the same for this collection. In accordance with 5 CFR 1320, the information collection is approved.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2022	36 Months From Approved	02/28/2022
Responses	520	0	515
Time Burden (Hours)	321,922	0	321,722
Cost Burden (Dollars)	0	0	0

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Abstract: On October 23, 2018, the America’s 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 for 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 Final Rule amends the Commission’s regulations governing hydroelectric licensing under the Federal Power Act (FPA) by adding a new Part 7 that establishes an expedited licensing process for qualifying facilities at existing non-powered dams and for closed-loop pumped storage projects. As directed by FPA sections 34 and 35, the Commission approved an expedited licensing process for two types of hydropower projects – qualifying facilities at existing, nonpowered dams and closed-loop pumped storage projects. The modified regulations will be codified as Part 7 of the Commission’s regulations. The addition of a new Part 7 to the Commission’s regulations will affect only the number of entities that file applications with the Commission for these two project types, and will 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 project’s 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 Final Rule in FERC-500 related to the expedited process contained in new sections 7.1-7.9 of the Commission’s regulations.

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Authorizing Statute(s): US Code: 16 USC 791a et seq. Name of Law: Federal Power Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1902-AF59	Final or interim final rulemaking	84 FR 17064	04/24/2019

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
FERC-500, Final Rule in RM18-14 [Recreation posting]
FERC-500, Application (or Modification) for License/Relicense for Water Projects with Greater than 5 MW Capacity
FERC-500, Annual Conveyance Reports
FERC-500, Comprehensive Plans
FERC-500 (RM19-6-000 Final Rule)

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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	520	515	0	5	0	0
Annual Time Burden (Hours)	321,922	321,722	0	200	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: As directed by Congress in the AWIA, the Commission revises its regulations 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 will 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 project’s license application will be acted on no later than two years after the date of application filing.

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Annual Cost to Federal Government: $2,971,691

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: 06/07/2019

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