RM20-21 NOPR (FERC-500 FERC-505) Supporting Statement 6 4 2021

FERC-500 (OMB Control No. 1902-0058) and FERC-505 (OMB Control No. 1902-0115)

Proposed Rule in Docket No. RM20-21-000, RIN 1902-AF77

Supporting Statement for

FERC-500 and FERC-505,

Modifications Due to the Proposed Rule

in Docket No. RM20-21-000

The Federal Energy Regulatory Commission (Commission or FERC) requests that the Office of Management and Budget (OMB) review and approve modifications due to the proposed rule in Docket No. RM20-21-000.

The proposed rule would modify the following information collections:

• FERC-500, Application for License/Relicense for Water Projects with More than 5 Megawatt Capacity; and

• FERC-505, Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination.

1. CIRCUMSTANCES THAT MAKE THE COLLECTION OF INFORMATION NECESSARY

The proposed rule in Docket No. RM20-21-000 would amend regulations at 18 CFR Parts 4 and 5, which pertain to Commission authorization of non-federal hydropower projects on navigable waters and federal lands. The regulations that would be affected by the proposed rule are listed at Attachment A to this supporting statement. Other regulations that are relevant to FERC-500 and FERC-505 (but would not be revised by the proposed rule) are listed at Attachment B to this supporting statement.

Some of the relevant statutory provisions are at Part I of the Federal Power Act (FPA).¹ Section 4(e) of FPA Part I² authorizes the Commission to issue licenses for the purpose of constructing, operating, and maintaining dams, water conduits, reservoirs, power houses, transmission lines, or other project works for the development, transmission, and utilization of power. Section 30 of FPA Part I³ provides that a “qualifying conduit hydropower facility” is not subject to the licensing requirements of FPA Part I, but is subject to a requirement to a Commission determination that the facility meets the qualifying criteria.

Also relevant is section 405(d) of the Public Utility Regulatory Policies Act (PURPA).⁴ As amended by section 3 of the Hydropower Regulatory Efficiency Act of 2013 (2013 HREA),⁵ section 405(d) authorizes the Commission to grant exemptions for small water power projects with a proposed installed capacity of 10 megawatts (MW) or less. The process for obtaining an exemption is faster and less burdensome than for obtaining a license.

2. HOW, BY WHOM, AND FOR WHAT PURPOSE THE INFORMATION IS TO BE USED AND THE CONSEQUENCES OF NOT COLLECTING THE INFORMATION

FERC-500. FERC-500 pertains to applications for licensing or relicensing for water power projects with a capacity of more than 5 MW. The amendments in the proposed rule would reduce the paperwork burdens in FERC-500 associated with each license application for a major water power project of 10 MW or less. At present, 18 CFR 4.32(a)(5)(ii) provides that each license application for a minor water power project or for a major water power project of 5 MW or less must be in accordance with 18 CFR 4.61, which requires submission of Exhibits A, E, F, and G.⁶ Such applications currently are not subject to 18 CFR 4.41 or 18 CFR 4.51, which require submission of Exhibits B, C, and D, in addition to the exhibits required by 18 CFR 4.61. The amendment of 18 CFR 4.32(a)(5)(ii) would extend the lighter paperwork burden to major water power projects of 10 MW or less, in accordance with PURPA section 405(d) as amended by section 3 of the 2013 HREA.

FERC-505. FERC-505 pertains to applications for small hydropower project licenses, exemptions, and determinations of a qualifying conduit hydropower facility. The proposed rule would revise the information collection activity associated with Commission determinations whether a proposed project is a “qualifying conduit hydropower facility” that is eligible for exemption from requirements of FPA Part I.

Section 30 of FPA Part I, as amended by section 4 of the 2013 HREA,⁷ provides an exemption from licensing for any proposed hydroelectric facility that utilizes for electric power generation the hydroelectric potential of a “conduit,” defined in the statute as any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is not primarily used for the generation of electricity. In order to qualify for this exemption, any person, State, or municipality must file a notice of intent. After a procedure involving an opportunity for public comment, the Commission may issue a determination that the facility meets the qualifying criteria for an exemption. The qualifying criteria are as follows:

(1) The facility would be constructed, operated, or maintained for the generation of electric power using only the hydroelectric potential of a non-federally owned conduit, without the need for a dam or impoundment;

(2) The facility would have a total installed capacity that does not exceed 40 MW; and

(3) The facility is not licensed under, or exempted from, the license requirements in Part I of the FPA on or before the date of enactment of the 2013 HREA (i.e. August 9, 2013).⁸

The proposed rule would remove the current requirement, at 18 CFR 4.401(f)(3), to provide a profile drawing for a qualified conduit facility. As stated in the proposed rule, this amendment would implement Commission precedent that “whether, or in what proportion, the conduit’s ability to generate hydropower is due to the conduit’s gradient or the head from an upstream dam is not relevant. ^“9 The rationale for this provision of the proposed rule is that this holding indicates that a profile drawing is not necessary in order to determine if a proposed project is a qualifying conduit hydropower facility.

3. DESCRIBE ANY CONSIDERATION OF THE USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE THE BURDEN AND TECHNICAL OR LEGAL OBSTACLES TO REDUCING BURDEN

FERC continually considers the use of improved information technology to reduce burden in the filing requirements for submission of information.

The Commission provides for eFiling of documents approved under FERC-500 and FERC-505. A Hydropower Filing Guide is publicly available at https://www.ferc.gov/sites/default/files/2020-04/filing-guideHydro.pdf.

4. DESCRIBE EFFORTS TO IDENTIFY DUPLICATION AND SHOW SPECIFICALLY WHY ANY SIMILAR INFORMATION ALREADY AVAILABLE CANNOT BE USED OR MODIFIED FOR USE FOR THE PURPOSE(S) DESCRIBED IN INSTRUCTION NO. 2

The Commission periodically reviews filing requirements concurrent with OMB review or as the Commission deems necessary to eliminate duplicative filing and to minimize the filing burden.

No similar information is available for the FERC-500 and FERC-505; these are case-specific applications for a benefit (e.g., license or permit) and are unique to the applicant and the site for which the filing is made.

5. METHODS USED TO MINIMIZE THE BURDEN IN COLLECTION OF INFORMATION INVOLVING SMALL ENTITIES

The proposed rule would reduce the paperwork burdens for small, low-impact hydropower projects (i.e., qualifying-conduit exemptions for projects of less than 40 MW capacity, and licenses for projects with a capacity of less than 10 MW).

Here are other ways that the Commission expedites the licensing process for small, low-impact hydropower projects:

• waiver of some pre-filing consultation requirements (with resource agency cooperation);

• concurrent environmental scoping and pre-filing consultation;

• streamlined public notice requirements;

• shortened comment periods;

• coordination with resource agencies to obtain their final terms and conditions before Commission staff issues an environmental assessment, instead of the customary preliminary and final versions;

• use of a single environmental document (as opposed to using draft and final documents); and

• issuance of the order on the same day as the environmental assessment.

6. CONSEQUENCE TO FEDERAL PROGRAM IF COLLECTION WERE CONDUCTED LESS FREQUENTLY

If the information were not collected or were collected less frequently, the Commission would not be able to fulfill the statutory requirements pertaining to hydropower. For projects authorized with an exemption from licensing, as well as those subject to licensing, the Commission needs to collect information to ensure proper documentation of technical, financial, and environmental concerns. Failing to meet this responsibility on a timely basis could result in non-compliance with statutory obligations.

7. EXPLAIN ANY SPECIAL CIRCUMSTANCES RELATING TO THE INFORMATION COLLECTION

There are no special circumstances related to this information collection.

8. DESCRIBE EFFORTS TO CONSULT OUTSIDE THE AGENCY: SUMMARIZE PUBLIC COMMENTS AND THE AGENCY’S RESPONSE

Each FERC proposed and final rule is published in the Federal Register, thereby providing the public, including public utilities and licensees, state commissions, and Federal agencies, an opportunity to submit data, views, comments or suggestions concerning the proposed collections of data.

The proposed rule that pertains to this information collection request was issued February 18, 2021,¹⁰ and was published March 9, 2021.¹¹ There were no public comments in response.

9. EXPLAIN ANY PAYMENT OR GIFTS TO RESPONDENTS

There are no payments or gifts to respondents.

10. DESCRIBE ANY ASSURANCE OF CONFIDENTIALITY PROVIDED TO RESPONDENTS

The Commission does not consider the information collected in FERC-500 and FERC-505 to be confidential. However, the Commission will consider specific requests for confidential treatment (e.g. Critical Energy/Electric Infrastructure Information [CEII] or non-public) to the extent permitted by law and our regulations.¹² The Commission will review each request for confidential treatment on a case-by-case basis.

If an entity chooses to seek confidential treatment of the information, they must submit a request for the Commission to treat this information as confidential and non-public, consistent with 18 CFR 388.112.

11. PROVIDE ADDITIONAL JUSTIFICATION FOR ANY QUESTIONS OF A SENSITIVE NATURE, SUCH AS SEXUAL BEHAVIOR AND ATTITUDES, RELIGIOUS BELIEFS, AND OTHER MATTERS THAT ARE COMMONLY CONSIDERED PRIVATE.

There are no questions of a sensitive nature associated with the reporting requirements.

12. ESTIMATED BURDEN OF COLLECTION OF INFORMATION

The estimated changes in burdens and costs of the information collections affected by this NOPR follow:

Changes Due to the Proposed Rule in Docket No. RM20-21-000
	No. of Respondents (1)	No. of Responses per Respondent (2)	Total No. of Responses (1)X(2)=(3)	Avg. Burden Hrs. & Cost Per Response13 (4)	Total Annual Burden Hours & Total Annual Cost (3)X(4)=5
FERC-500	3	1	3	320 hours / $26,560 reduction	960 hours/ $79,680 reduction
FERC-505	8	1	814	10 hours / $830 reduction	80 hours/ $6,640 reduction
TOTAL			11		1,040 hours/ $86,320 reduction

13. ESTIMATE OF THE TOTAL ANNUAL COST BURDEN TO RESPONDENTS

There are no start-up or non-PRA related labor costs.

Total Capital and Start-up cost: $0

Total Operation, Maintenance, and Purchase of Services: $0

All of the costs in the information collections are associated with burden hours (labor) and discussed in Questions #12 and #15.

14. ESTIMATED ANNUALIZED COST TO FEDERAL GOVERNMENT

The estimate of the cost for “analysis and processing of filings”¹⁵ is based on salaries and benefits for professional and clerical support. This estimated cost represents staff analysis, decision-making, and review of any actual filings submitted in response to the information collections. The estimates for the “analysis and processing of filings” are for the entire FERC-500 and FERC-505, not simply for the areas affected by, or additions due to, the NOPR in RM20-21-000.

The “Paperwork Reduction Act (PRA) Administrative Cost” is the average annual FERC cost associated with preparing, issuing, and submitting materials necessary to comply with the PRA for rulemakings, orders, or any other vehicle used to create, modify, extend, or discontinue an information collection. It also includes the cost of publishing the necessary notices in the Federal Register.

The estimated annualized cost to the Federal Government follows.

FERC-500	Number of Employees, Full-Time Equivalents (FTEs)	Estimated Annual Federal Cost (rounded)
Analysis and Processing of Filings	18	$3,107,520
PRA Administrative Cost	N/A	$6,475
Total for FERC-500	18	$3,113,995

FERC-505	Number of Employees (FTEs)	Estimated Annual Federal Cost (rounded)
Analysis and Processing of filings	8.5	$1,467,440
PRA Administrative Cost	N/A	$6,475
Total for FERC-505	8.5	$1,473,915

15. REASONS FOR CHANGES IN BURDEN INCLUDING THE NEED FOR ANY INCREASE

FERC-500. The proposed rule would affect FERC-500 by reducing the burden hours for certain projects filing an “Application (or Modification) for License / Relicense for Water Projects with Greater than 5 MW Capacity.” At present, the approved burden for that activity is 9 total responses and 321,350 hours ― on average, approximately 35,706 hours per response. This estimate accounts for the current requirements listed at 18 CFR 4.32(a)(5) for various categories of applications.

At present, 18 CFR 4.32(a)(5)(ii) provides that each license application for a minor water power project or for a major water power project of 5 MW or less must be in accordance with 18 CFR 4.61, which requires submission of Exhibits A, E, F, and G.¹⁶ In contrast, paragraph (a)(5)(iii) of section 4.32 provides that each license application for a major unconstructed project or major modified project and major project—existing dam must be in accordance with 18 CFR 4.41 and 18 CFR 4.51, respectively, which require submission of Exhibits A, B, C, D, E, F, and G.¹⁷ Thus, the current regulations do not require Exhibits B, C, or D for a license application for a minor water power project or for a major water power project of 5 MW or less.

Under proposed 18 CFR 4.32(a)(5)(ii), license applications for major water projects of 10 MW or less (instead of 5MW or less) would not be required to include Exhibits B, C, or D. We believe that this amendment would reduce the burden hours for 3 of the 9 responses estimated for the relevant information collection activity by 320 hours for each of the 3 affected applications ― a total reduction of 960 hours in the average burden hours for the activity. The resulting total burden hours for the activity would be 320,990 hours.

FERC-505. The estimated burden hours for the activity titled “Small Hydropower Projects and Conduit Facilities Including License / Relicense, Exemption and Qualifying Conduit Facility Determination” would be reduced by the proposal to remove the requirement to submit profile drawings as part of applications for qualifying conduit exemptions. We believe that this amendment would reduce the burden hours for 8 of the 32 responses estimated for the relevant information collection activity by 10 hours for each of the 8 affected submissions ― a total reduction of 80 hours in the average burden hours for the activity.

The following table itemizes the changes proposed in RM20-21-000.

FERC-500 and FERC-505 Changes in Estimated Hours Due to RM20-21-000

A. Type of Response	B. Previously Approved Response and Burden Hours	C. Requested Responses and Burden Hours	D. Program Changes Due to Agency Discretion (Column C ‒ Column B)
FERC-500, Application (or Modification) for License / Relicense for Water Projects with Greater than 5 MW Capacity	9 responses; 321,350 hours	9 responses; 320,390 hours	No change in responses; ‒ 960 hours
FERC-500, Annual Conveyance Reports	41 responses; 123 hours	41 responses; 123 hours	No change in responses or hours
FERC-500, Comprehensive Plans	33 responses; 33 hours	33 responses; 33 hours	No change in responses or hours
FERC-500, Final Rule I RM18-14 (Recreation Posting)	432 responses; 216 hours	432 responses; 216 hours	No change in responses or hours
FERC-500 (RM19-6-000 Final Rule)	5 responses; 200 hours	5 responses; 200 hours	No change in responses or hours
Sub-Totals for FERC-500	520 responses; 321,922 hours	520 responses; 320,962 hours	No change in responses; ‒ 960 hours
FERC-505, Small Hydropower Projects and Condit Facilities including License / Relicense, Exemption and Qualifying Conduit Facility Determination	32 responses; 24,291 hours	32 responses; 24,211 hours	No change in responses; ‒ 80 hours
FERC-505, Final Rule in RM18-14	287 responses; 144 hours	287 responses; 144 hours	No change in responses or hours
FERC-505, Final Rule in RM19-6	5 responses; 200 hours	5 responses; 200 hours	No change in responses or hours
Sub-Totals for FERC-505	24,635 hours	24,555 hours	No changes in responses; ‒ 80 hours
Totals	324 responses; 346,557 hours	324 responses; 345,517 hours	No changes in responses; ‒ 1,040 hours

16. TIME SCHEDULE FOR PUBLICATION OF DATA

There is no publication of data. The data collected are used for regulatory purposes only.

17. DISPLAY OF EXPIRATION DATE

The expiration dates for FERC-500 and FERC-505 are posted at https://www.reginfo.gov/public/do/PRAMain.

18. EXCEPTIONS TO THE CERTIFICATION STATEMENT

There are no exceptions.

ATTACHMENT A

Regulations that Would Be Revised in the Proposed Rule at

RM20-21-000

A. Cite in 18 CFR	B. Description	C. Summary of Proposed Action	D. Effect(s) on Information Collection
4.32	Acceptance for filing or rejection; information to be made available to the public; requests for additional studies	Revise paragraph (a)(5)(ii)	Together with proposed revisions of §§ 4.60 and 4.61, this proposed regulation would revise requirements that currently apply to certain major projects with an installed capacity greater than 5 MW.
4.40	Applicability (i.e., of requirements that would apply to major projects more than 10 MW)	Revise paragraph (a)	The proposed rule would revise the scope of FERC-500 requirements that currently apply to major projects more than 5 MW. The proposed regulation would make those requirements applicable to major projects more than 10 MW.
4.50	Applicability of requirements for license for major project with an existing dam	Revise paragraphs (a)(1) and (a)(3)	These proposals would address the scope of FERC-500 and FERC-505 requirements that apply to projects with an existing dam. Proposed paragraph (a)(1) would revise the scope of FERC-500 requirements to apply to major projects more than 10 MW (with an existing dam). Proposed paragraph (a)(3) would revise the scope of FERC-505 requirements to apply to major projects 10 megawatts or less (with an existing dam). It would also instruct applicants to submit their applications under 18 CFT 4.60 and 4.61.
Subpart G		Revise title of subpart from “Application for License for Minor Water Power Projects and Major Water Projects 5 Megawatts or Less” to “Application for License for Minor Water Power Projects and Major Water Power Projects 10 Megawatts or Less”	No effect on any information collection
4.60	Applicability and notice to agencies for license for minor water power projects and major water power projects 5 MW or less	Revise paragraphs (a)(2), (a)(3), and (b)	See summary of proposed 18 CFR 4.32, above.
4.61	Contents of application (i.e., for license for minor water power projects and major water power projects 5 MW or less)	Revise paragraphs (a)(3), (b), (d)(1), and (d)(2).	See summary of proposed 18 CFR 4.32, above.
4.71	Contents of transmission-line-only application	Revise paragraphs (b)(1) and (b)(2)	These proposed provisions would revise the scope of FERC-500 and FERC-505 requirements that currently apply to specific categories of transmission-only license applications: Proposed paragraph (b)(1) would apply to any transmission line that, at the time the application is filed, is not constructed and is proposed to be connected to a licensed water power project with an installed generating capacity of more than 10 MW. At present, paragraph (b)(1) applies to a transmission line that would be connected to a licensed water power project of more than 5 MW. This IC activity is included in FERC-500. Proposed paragraph (b)(2) would apply to any transmission line that, at the time the application is filed, is not constructed and is proposed to be connected to a licensed installed generating capacity of 10 MW or less. At present, paragraph (b)(2) applies to a transmission line that would be connected to a licensed water power project of 5 MW or less. This IC activity is included in FERC-505.
4.201	Contents of application for amendment of a license	Revise paragraphs (b)(1), (b)(3), (b)(4), and (b)(5)	Paragraph (b) lists required exhibits for capacity-related amendments. Proposed paragraphs (b)(1) and (b)(3) would revise the requirements that apply to projects that are not constructed at the time the application is filed: Paragraph (b)(1) currently applies to projects with a capacity of more than 5 MW, and would be revised to apply to projects more than 10 MW. Paragraph (b)(3) currently applies to projects with a capacity of 5 MW or less but more than 1.5 MW, and would be revised to apply to projects 10 MW or less, but more than 1.5 MW. Proposed paragraphs (b)(4) and (b)(5) would revise the requirements that apply to projects that are constructed at the time the application is filed: Paragraph (b)(4) currently applies to projects with a capacity of 5 MW or less, and would be revised to apply to projects 10 MW or less. Paragraph (b)(5) currently applies to projects with a capacity of more than 5 MW, and would be revised to apply to projects of more than 10 MW.
4.401	Contents of notice of intent to construct a qualifying conduit hydropower facility	Remove paragraph (f)(3)	The proposed rule would revise FERC-505 by removing the current requirement to include a profile drawing in a notice of intent to construct a qualifying conduit hydropower facility.
5.18	Application contents under the integrated licensing process	Revise paragraph (a)(5)(i)	The integrated licensing process (ILP) includes requirements that currently apply to minor projects and major projects 5 MW or less. Under the proposed rule, those requirements would apply to minor projects and major projects 10 MW or less. This provision would revise FERC-505.

ATTACHMENT B

Regulations Pertaining to FERC-500 and FERC-505 that Would Not Be Revised by the Proposed Rule at RM20-21-000

A. Cite in 18 CFR	B. Description(s)	C. Information Collection(s)
2.19	State and federal comprehensive plans	FERC-500 and FERC-505
4.32(a)(1) through (a)(5)(i), (a)(5)(iii) through (a)(5)(ix), and (b) through (k)	Application for preliminary permit, license or exemption: general provisions Note: The proposed rule would revise FERC-500 by amending paragraph (a)(5)(ii).	FERC-500 and FERC-505
4.35	Amendment of application; date of acceptance	FERC-500 and FERC-505
4.36	Competing applications, deadlines for filing, notices of intent, and comparisons of plans of development	FERC-500 and FERC-505
4.38	Consultation requirements	FERC-500
4.41	Contents of application for major unconstructed projects or major modified project Note: While this regulation would not be revised in the proposed rule, proposed § 4.40 would revise its applicability	FERC-500
4.50(a)(2) and (b)	Applicability of requirements for license for major project with an existing dam Note: The proposed rule would revise paragraphs (a)(1) and (a)(3).	FERC-500
4.51	Contents of application for license for major project with an existing dam Note: While this regulation would not be revised in the proposed rule, proposed § 4.50 would revise its applicability.	FERC-500
4.61(a)(1) and (a)(2), and (c)	Contents of application for minor projects and major projects 5 MW or less Note: The proposed rule would amend paragraphs (a)(3), (b), (d)(1), and (d)(2).	FERC-505
4.70	Applicability of requirements for transmission-line-only application	FERC-500 and FERC-505
4.71(a) and (b)(3)	Contents of transmission-line-only application Note: The proposed rule would revise paragraphs (b)(1) and (b)(2).	FERC-500 and FERC-505
4.93	Action on exemption applications	FERC-505
4.107 and 4.108	Contents of application for exemption from licensing and contents of application from provisions other than licensing	FERC-505
4.201(a), (b)(2), (c), and (d)	Contents of application for license amendment Note: The proposed rule would revise paragraphs (b)(1), (b)(3), (b)(4), and (b)(5).	FERC-500 and FERC-505
4.202	Alteration and extension of license	FERC-500 and FERC-505
4.301	Notice to fish and wildlife agencies and estimation of fees prior to filing under section 30(e) of the Federal Power Act	FERC-500
4.303	Post-filing procedures under section 30(e) of the Federal Power Act	FERC-500
4.400	Applicability and purpose of notice of intent to construct qualifying conduit hydropower facilities	FERC-505
4.401(a) through (e), (f)(1), (f)(2) and (g)	Contents of notice of intent to construct qualifying conduit hydropower facility Note: The proposed rule would remove paragraph (f)(3).	FERC-505
5.2, 5.3, 5.4, 5.5, 5.6, 5.11, 5.13, 5.15, 5.16, 5.17, and 5.20, 5.21, 5.23, and 5.27	Integrated licensing process	FERC-500 and FERC-505
5.18(a)(1) though (a)(4), (a)(5)(ii) though (a)(5)(iv), and (b) though (f)	Application contents for integrated licensing process Note: The proposed rule would revise § 5.18(a)(5)(i), which applies solely to FERC-505.	FERC-500 and FERC-505
7.1, 7.2, 7.3, 7.4,.7.5, 7.6, 7.7, 7.8, and 7.9	Expedited licensing process for qualifying non-federal hydropower projects at existing nonpowered dams and for close-loop pumped storage projects	FERC-500 and FERC-505
8.1 and 8.2	Publication of license conditions relating to recreation and posting of project lands as to recreational use and availability of information	FERC-500 and FERC-505
16,1, 16.4, 16.6, 16.7, 16.8, 16.9, 16.10, 16.11, 16.12, 16.14, 16.19, 16.20, and 16.26	Procedures relating to takeover and relicensing of licensed projects	FERC-500 and FERC-505
141.15	Annual conveyance report	FERC-500
292.203	General requirements for qualifying cogeneration and small power production facilities	FERC-505
292.208	Special requirements for hydroelectric small power production facilities located at a new dam or diversion	FERC-500 and FERC-505

1 16 U.S.C. 791a-825g.

2 16 U.S.C. 797(e).

3 16 U.S.C 823a.

4 16 U.S.C. 2705(d).

5 Pub. L. 113–23, 127 Stat. 493.

6 As described at 18 CFR 4.41, Exhibit A is a description of the proposed project, Exhibit E is an environmental report, Exhibit F consists of general design drawings of the principal project works, and Exhibit G is a map of the proposed project.

7 16 U.S.C. 823a(a)(3)(A).

8 18 CFR 4.40(b)(26)(i) through (b)(26)(iii).

9 Soldier Canyon Filter Plant,151 FERC ¶ 61,228 (2015).

10 174 FERC ¶ 61,105 (Feb. 18, 2021) (https://elibrary.ferc.gov/eLibrary/filelist?document_id=14929665&optimized=false).

11 86 FR 13506.

12 18 C.F.R. 388.112. More information on the CEII definition, program and requirements is posted at http://www.ferc.gov/legal/ceii-foia/ceii.asp.

13 Commission staff assumes that respondents’ hourly costs (for wages plus benefits) is similar to those for FERC employees. The estimates for cost per response are derived using the following formula: Average Burden Hours per Response * $83 per Hour = Average Cost per Response. The hourly cost figure of $83 is the 2020 average FERC employee wage plus benefits.

14 This number of responses is shown as a multiplier to analyze and disclose the change in burden hours associated with qualifying conduit facilities. As discussed below in Item 15, we are requesting 3 additional responses for FERC-505 in order to account for the higher number of projects that would result from the 10-MW demarcation for small, major hydroelectric licenses.

15 The “Analysis and Processing” estimates use $172,640 ($83 per hour) for each FERC full-time equivalent (FTE). This is the current average annual salary plus benefits for one FERC FTE.

16 As described at 18 CFR 4.41, Exhibit A is a description of the project, Exhibit E is an environmental report, Exhibit F consists of general design drawings of the principal project works, and Exhibit G is a map of the project.

17 As described at 18 CFR 4.41, Exhibit B is a statement of project operation and resource utilization, Exhibit C is a proposed construction schedule, and Exhibit D is a statement of project costs and financing. Exhibits A, E, F, and G are described above in footnote 19.

15