FERC-556, (Final Rule in RM21-2 & RM20-20) Certification of Qualifying Facility (QF) Status for a Small Power Production or Cogeneration Facility

ICR 202012-1902-006

OMB: 1902-0075

Federal Form Document

ICR Details
1902-0075 202012-1902-006
Received in OIRA 202006-1902-004
FERC FERC-556
FERC-556, (Final Rule in RM21-2 & RM20-20) Certification of Qualifying Facility (QF) Status for a Small Power Production or Cogeneration Facility
Revision of a currently approved collection   No
Regular 02/05/2021
  Requested Previously Approved
11/30/2022 11/30/2022
7,423 4,318
26,282 20,032
0 0

NOTE: This is a FInal Rule (RIN 1902-AF74). When the Notice of Proposed Rulemaking (NOPR) and corresponding information collection request were submitted to OMB for Docket Nos. RM21-2 & RM20-20 (RIN1902-AF74), OMB review was pending for the revisions to the FERC Form No. 556 implemented in Orders 872 & 872-A (in Docket Nos RM19-15 & AD16-16, under ICR 202006-1902-004). Only one item per OMB Control No. can be pending OMB review at a time. Therefore, we had to use a temporary (placeholder) information collection number (FERC-556A, OMB Control No. 1902-0316; ICR 201904-1902-001) in order to submit the NOPR in Dockets RM21-2 & RM20-20 to OMB on a timely basis. Due to ROCIS requirements (and to avoid an incorrect requirement for metadata showing an emergency request), the information for the NOPR and Final Rule are entered into the ROCIS metadata fields for the 60- and 30-day notices here.It also is required to indicate it's not related to a rulemaking but is in fact a Final Rule in Dockets RM21-2 and RM20-20. In Docket Nos. RM21-2 and RM20-20, the Commission proposes no changes to the FERC Form No. 556, but proposes revising its PURPA regulations to allow more entities to use the FERC Form No. 556. Because no ICR for FERC-556 is pending OMB review at this time, this ICR is correctly being submitted under FERC-556. FERC-556 in general. The data required under 18 CFR Section 131.80 and 18 CFR Part 292 are used by the Commission to determine whether a proposed certification for QF status meets the criteria for a qualifying small power production facility or a qualifying cogeneration facility under its regulations and is eligible to receive the benefits available to it under PURPA. In order to obtain QF status and obtain PURPA benefits, an owner or operator of a small power production or cogeneration facility must follow the process indicated in FERC Form 556 and select, at its option, either the procedure set forth in 18 CFR Section 292.207(a), which requires the submission to FERC of a self-certification or self-recertification, or the procedure set forth in 18 CFR Section 292.207(b), which requires the submission to FERC of an application for Commission certification or recertification. The information requirements for these two processes are largely the same (i.e., the submittal of a completed FERC Form 556 provides the information necessary to demonstrate compliance with FERC’s regulations). If FERC did not collect the FERC Form 556 information, there would be no basis for the Commission to determine whether a facility satisfies the requirements of QF status. Since revocation of the qualifying status of a small power production or cogeneration facility may occur if the facility fails to comply with any of the 18 CFR Part 292 criteria, private financial lenders to small power production and cogeneration power facilities occasionally require small power producers and cogenerators to follow 18 CFR Section 292.207(b) procedures (certification by FERC as opposed to self-certification) in order to reduce the risk of status revocation.

US Code: 16 USC 2601 Name of Law: Public Utility Regulatory Policies Act (PURPA) of 1978
   US Code: 16 USC 792-828c Name of Law: Federal Power Act (FPA)
  
None

Not associated with rulemaking

  85 FR 67699 10/26/2020
86 FR 8133 02/04/2021
No

  Total Request 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 7,423 4,318 0 3,105 0 0
Annual Time Burden (Hours) 26,282 20,032 0 6,250 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Miscellaneous Actions
No
Note that the additional respondents, responses, burden and cost (and related changes to the averages) described are for potential additional respondents and the associated filings [responses]. There are no changes to the FERC Form No. 556 reporting requirements. In the final rule in Docket Nos. RM21-2 and RM20-20, the Commission makes no changes to the reporting requirements in FERC Form No. 556, but the Commission revises its PURPA Regulations to allow more entities to use the FERC Form No. 556. As a result, the changes in burden totals are due to potential additional respondents and their associated responses.

$695,791
No
    No
    No
No
No
No
No
Nishi Parekh 202 502-8325

  No

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.
02/05/2021


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