FERC-716, Good Faith Requests for Transmission Services under Section 213(a) of the Federal Power Act (FPA) and Applications for Orders under FPA 211(a) and 212

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
FERC-716 supporting statement.docx	Supporting Statement A	Uploaded 2024-06-12	Repair queued
FERC-716 30-day notice published 6 12 2024.pdf	Supplementary Document	Uploaded 2024-06-12	Repair queued
FERC-716 30-day notice issued 6 6 2024.docx	Supplementary Document	Uploaded 2024-06-06	Repair queued
FERC-716 60-day notice correction published 3 15 2024.pdf	Supplementary Document	Uploaded 2024-03-15	Repair queued
FERC-716 60-day notice issued 3 5 2024.docx	Supplementary Document	Uploaded 2024-03-14	Repair queued
FERC-716 60-day notice published 3 11 2024.pdf	Supplementary Document	Uploaded 2024-03-12	Repair queued
18 CFR 2.20.pdf	Supplementary Document	Uploaded 2021-06-29	Repair queued
18 CFR 2.20.pdf	Supplementary Document	Uploaded 2021-06-29	Repair queued
16 USC 824(l).pdf	Supplementary Document	Uploaded 2021-06-29	Repair queued
16 USC 824(k).pdf	Supplementary Document	Uploaded 2021-06-29	Repair queued
16 USC 824(j-1).pdf	Supplementary Document	Uploaded 2021-06-29	Repair queued
16 USC 824(j).pdf	Supplementary Document	Uploaded 2021-06-29	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
267886	Application submitted to FERC if parties' negotiations are unsuccessful		New
267885	Information exchange between parties		New
23186	Good Faith Requests for Transmission Service and Good Faith Responses by Transmitting Utilities under Sections 211(a) and 213(a) of the Federal Power Act (FPA)		Removed

ICR Details

OMB Control No: 1902-0170	ICR Reference No: 202403-1902-006
Status: Active	Previous ICR Reference No: 202106-1902-003
Agency/Subagency: FERC	Agency Tracking No: FERC-716
Title: FERC-716, Good Faith Requests for Transmission Services under Section 213(a) of the Federal Power Act (FPA) and Applications for Orders under FPA 211(a) and 212
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/03/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/12/2024
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2027	36 Months From Approved	11/30/2024
Responses	12	0	12
Time Burden (Hours)	615	0	615
Cost Burden (Dollars)	0	0	0

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Abstract: FERC-716 pertains to transmission of electricity generated and sold at the wholesale level, i.e., sold to a utility or other entity that will resell that energy to residential, business, or industrial customers. The Federal Power Act (FPA) and the relevant Commission regulations provide for two procedures for a generator of wholesale electricity to seek transmission services. One procedure involves the exchange of information between generators and transmitting utilities under FPA section 213. The other procedure involves an application for a Commission order requiring a transmitting utility to provide wholesale transmission services to the generator-applicant. That second procedure is governed by FPA sections 211 and 212. The Commission’s regulation at 18 CFR 2.20 provides that the Commission may issue an order under FPA sections 211 and 212 only if the applicant has made a good faith request (under FPA section 213) for transmission services to the transmitting utility at least 60 days prior to the filing of an application for such order. The Commission's regulation at 18 CFR 36.1 lists requirements for an application for transmission services pursuant to FPA sections 211 and 212.

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Authorizing Statute(s): US Code: 16 USC 824k Name of Law: Federal Power Act
   US Code: 16 USC 824l Name of Law: Federal Power Act
   US Code: 16 USC 824j 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 17460	03/11/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 49871	06/12/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Application submitted to FERC if parties' negotiations are unsuccessful
Good Faith Requests for Transmission Service and Good Faith Responses by Transmitting Utilities under Sections 211(a) and 213(a) of the Federal Power Act (FPA)
Information exchange between parties

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ICR Summary of Burden

table that charts list 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	12	12	0	0	0	0
Annual Time Burden (Hours)	615	615	0	0	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: Miscellaneous Actions

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: There are program changes to increase the accuracy of this information collection request. As previously approved, FERC-716 included a single collection activity for good-faith requests, thus erroneously omitting the possibility of a Commission order. That single activity has been removed, resulting in a decrease of 12 responses and 615 hours. This request includes burden estimates for two activities: (1) Information exchange between parties, and (2) Application submitted to FERC if parties’ negotiations are unsuccessful. This program change increases the accuracy of the disclosure of burdens. The total burdens that were previously approved for one activity (i.e., 12 responses and 615 hours) are now divided between the two activities presented in this request, in proportion to the separate burdens for each activity: 6 responses for each activity; 600 hours and 15 hours annually for the information exchange and application activity, respectively. As a result, there is no net change in the total burdens for FERC-716.

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Annual Cost to Federal Government: $112,289

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? No

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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: 06/12/2024

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