RM20-21 final rule supporting statement

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

Final Rule in Docket No. RM20-21-000

RIN 1902-AF77

Supporting Statement for

FERC-500 and FERC-505,

Modifications Due to the Final 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 final rule in Docket No. RM20-21-000.

The final rule modifies 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 final rule in Docket No. RM20-21-000 amends regulations at 18 CFR Parts 4 and 5, which explain how the Commission regulates non-federal hydropower projects on navigable waters and federal lands. The regulations affected by the final rule are listed at Attachment A to this supporting statement. Other regulations that are relevant to FERC-500 and FERC-505 (but are not revised by the final 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 For example, 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.

Another relevant statutory provision is section 405(d) of the Public Utility Regulatory Policies Act (PURPA),³ which authorizes the Commission to grant exemptions from all or some of the requirements of the FPA Part I.⁴ This authority is limited to small hydroelectric power projects with a proposed installed capacity of 10 MW or less. The process for obtaining an exemption is faster and less burdensome than for obtaining a license.

Depending on the type of project involved (i.e., major or minor, constructed or unconstructed, or transmission line), Commission regulations require applications for hydropower licenses to be filed pursuant to 18 CFR Part 4 or 5.

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

FERC-500. The final rule amends several regulations in 18 CFR Part 4, and one regulation in 18 CFR Part 5. These amendments reduce the paperwork burdens associated with each license application for a major water power project of 10 megawatts (MW) or less. Previously, 18 CFR 4.32(a)(5)(ii) provided 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.⁵ However, such applications were 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) extends the lighter paperwork burden to major water power projects of 10 MW or less, in accordance with the Hydropower Regulatory Efficiency Act of 2013 (2013 HREA).⁶

These amendments reduce the burden hours for FERC-500.

FERC-505. FERC-505 pertains to applications for small hydropower project licenses, exemptions, and determinations of a qualifying conduit hydropower facility. The final rule revises 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.

A conduit exemption, as defined in section 30 of the FPA,⁷ is an existing or proposed hydroelectric facility that utilizes for electric power generation the hydroelectric potential of a conduit, or any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is not primarily used for the generation of electricity.

The 2013 HREA created a sub-category of conduit exemptions called “qualifying conduit hydropower facilities,” which are not required to be licensed under Part I of the FPA. A qualifying conduit hydropower facility is a facility that meets the following qualifying criteria:

(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 Hydropower Regulatory Efficiency Act (i.e. August 9, 2013).⁸

To obtain a determination that a project is a qualifying conduit hydropower facility, an entity must file with the Commission a notice of intent (NOI) to construct the facility that demonstrates the facility meets the qualifying criteria. Previously, 18 CFR 4.401(f)(3) required that the NOI intent include a profile drawing if a dam would be constructed in association with the facility, to show that the conduit, and not the dam, creates the hydroelectric potential.

The final rule removes the requirement at section 4.401(f)(3) to provide a profile drawing for a qualified conduit facility NOI. As stated in the final rule, this amendment implements 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 final 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.

This amendment reduces the number of burden hours for FERC-505.

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.

In addition, the Commission allows eFiling for the FERC-500 and FERC-505 information collection requirements (e.g., applications). Applicants interested in pursuing the expedited licensing process approved in the NOPR may electronically file requests to use the expedited licensing process.

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

Exemptions from licensing requirements, including those for qualifying conduit hydropower facilities, authorize projects to operate without Commission oversight.

The Commission expedites the licensing process for small, low-impact hydropower projects in the following ways:

• 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, 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 associated collections of information.

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.

The final rule was issued July 15, 2021,¹² and was published August 5, 2021.¹³

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.¹⁴ 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 Final 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 Response15 (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	8	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”¹⁶ 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	$3,101,922
PRA Administrative Cost	N/A	$6,475
Total for FERC-500	18	$3,108,397

FERC-505	Number of Employees (FTEs)	Estimated Annual Federal Cost (rounded)
Analysis and Processing of filings	8.5	$1,464,796.50
PRA Administrative Cost	N/A	$6,475.00
Total for FERC-505	8.5	$1,471,271.50

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

FERC-500. The final rule affects FERC-500 by reducing the burden hours for certain projects involving an “Application (or Modification) for License / Relicense for Water Projects with Greater than 5 MW Capacity.” Previously, the approved burden for that activity was 9 total responses and 321,350 hours ― on average, approximately 35,706 hours per response. This estimate accounted for the ongoing and previous requirements listed at 18 CFR 4.32(a)(5) for various categories of applications.

Previously, 18 CFR 4.32(a)(5)(ii) provided 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.¹⁷ In contrast, paragraph (a)(5)(iii) of section 4.32 provided 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.¹⁸ Thus, the previous regulations did 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 18 CFR 4.32(a)(5)(ii) of the final rule, license applications for major water projects of 10 MW or less (instead of 5MW or less) are not required to include Exhibits B, C, or D. We believe that this amendment reduces 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.

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” is reduced by the removal of the requirement at 4.401(f)(3) to submit profile drawings as part of NOIs for qualifying conduit exemptions. We believe that this amendment reduces 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 program changes due to the final rule.

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, Recreation Posting	432 responses; 216 hours	432 responses; 216 hours	No change in responses or hours
FERC-500, Request for Authorization to Use Expedited Licensing Process	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, Recreation Posting	287 responses; 144 hours	287 responses; 144 hours	No change in responses or hours
FERC-505, Request for Authorization to Use Expedited Licensing Process	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 Final Rule at

RM20-21-000

A. Cite in 18 CFR	B. Description	C. Summary of Final 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	Revision of paragraph (a)(5)(ii)	Together with revisions of §§ 4.60 and 4.61, this regulation revises requirements that previously applied to certain major projects with an installed capacity greater than 5 MW. The final rule provides that these requirements apply to certain major projects with an installed capacity greater than 10 MW.
4.40	Applicability (i.e., of requirements that apply to major projects more than 10 MW)	Revision of paragraph (a)	The final rule revises the scope of FERC-500 requirements that previously applied to major projects more than 5 MW. The revised regulation makes those requirements applicable to major projects more than 10 MW.
4.50	Applicability of requirements for license for major project with an existing dam	Revision of paragraphs (a)(1) and (a)(3)	These regulations address the scope of FERC-500 and FERC-505 requirements that apply to projects with an existing dam. Paragraph (a)(1) revises the scope of FERC-500 requirements to apply to major projects more than 10 MW (with an existing dam). Paragraph (a)(3) revises the scope of FERC-505 requirements to apply to major projects 10 megawatts or less (with an existing dam). It also instructs applicants to submit their applications under 18 CFR 4.60 and 4.61.
Subpart G		Revision of 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	Revision of paragraphs (a)(2), (a)(3), and (b)	See summary of revised 18 CFR 4.32, above.
4.61	Contents of application (i.e., for license for minor water power projects and major water power projects 10 MW or less)	Revision of paragraphs (a)(3), (b), (d)(1), and (d)(2).	See summary of revised 18 CFR 4.32, above.
4.71	Contents of transmission-line-only application	Revision of paragraphs (b)(1) and (b)(2)	These proposed provisions revises the scope of FERC-500 and FERC-505 requirements that currently apply to specific categories of transmission-only license applications: Revised paragraph (b)(1) applies 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. Previously, paragraph (b)(1) applied 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. Revised paragraph (b)(2) applies 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. Previously, paragraph (b)(2) applied 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	Revision of paragraphs (b)(1), (b)(3), (b)(4), and (b)(5)	Paragraph (b) lists required exhibits for capacity-related amendments. Revised paragraphs (b)(1) and (b)(3) list the requirements that apply to projects that are not constructed at the time the application is filed: Paragraph (b)(1) previously applied to projects with a capacity of more than 5 MW. Revised paragraph (b)(1) applies to projects more than 10 MW. Paragraph (b)(3) previously applied to projects with a capacity of 5 MW or less but more than 1.5 MW. Revised paragraph (b)(3) applies to projects 10 MW or less, but more than 1.5 MW. Revised paragraphs (b)(4) and (b)(5) list the requirements that apply to projects that are constructed at the time the application is filed: Paragraph (b)(4) previously applied to projects with a capacity of 5 MW or less. Revised paragraph (b)(4) applies 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	Removal of paragraph (f)(3)	The final rule revises 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	Revision of paragraph (a)(5)(i)	The integrated licensing process (ILP) includes requirements that previously applied to minor projects and major projects 5 MW or less. Under the final rule, those requirements apply to minor projects and major projects 10 MW or less. This provision revises FERC-505.

ATTACHMENT B

Regulations Pertaining to FERC-500 and FERC-505 that Would Not Be Revised by the Final 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 final rule revises 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 final rule, proposed § 4.40 revises its applicability	FERC-500
4.50(a)(2) and (b)	Applicability of requirements for license for major project with an existing dam Note: The final rule revises 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 final rule, § 4.50 revises 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 final rule amends 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 final rule revises 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 final rule revises 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 final 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 final rule revises § 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 closed-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. 2705(d).

4 For example, the Commission may exempt an eligible applicant from the comprehensive development standard of FPA section 10(a)(1).

5 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.

6 Pub. L. 113–23, 127 Stat. 493.

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

8 16 U.S.C. 823a (2012). See also 18 C.F.R. Part 4, Subpart N (2018) (Commission’s implementing regulations).

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.

12 176 FERC ¶ 61,030.

13 86 FR 42710.

14 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.

15 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.

16 The “Analysis and Processing” estimates use $172,329 for each FERC full-time equivalent (FTE). This is the current average annual salary plus benefits for one FERC FTE.

17 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.

18 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.

16