FERC-912: PURPA Section 210(m) Notification Requirements Applicable to Cogeneration and Small Power Production Facilities

NOTE: When the Notice of Proposed Rulemaking (NOPR) and corresponding information collection request were submitted to OMB for Docket Nos. RM19-15 and AD16-16 (RIN1902-AF67), OMB review was pending for the regular renewal of the existing FERC Form No. 556. In addition, changes were not foreseen to the FERC-912 at the NOPR stage, so no ICR was submitted for FERC-912. Because only one item per OMB Control No. can be pending OMB review at a time and FERC-556 renewal was pending, 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 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 both FERC-556 and FERC-912) 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. RM19-15 & AD16-16. FERC issues its final rule approving certain revisions to its regulations (PURPA Regulations) implementing sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA). On September 19, 2019, the Commission issued a notice of proposed rulemaking (NOPR) proposing to modify its PURPA Regulations. Those regulations were promulgated in 1980 and have been modified in only specific respects since then. Approximately 130 separate comments were submitted in response to the NOPR, several of which were submitted on behalf of multiple parties. In total, over 1,600 pages of comments were submitted, and in addition thousands of pages of exhibits were attached to the comments. In this Order, FERC is updating its PURPA regulations. FERC also made changes and clarifications in the rehearing Order 872-A, that are addressed here and in the updated supporting statement. FERC-912 in general. The use of FERC-912 is necessary to provide the Commission with the information needed to determine whether an order is appropriate to either terminate or reinstate the purchasing or selling of energy under PURPA section 210(m). The Commission's implementing regulations, found in 18 CFR Part 292, provide the following procedures: • §292.310 an electric utility's application for the termination of its obligation to purchase energy from a QF, • §292.311 an affected entity or person's application to the Commission for an order reinstating the electric utility's obligation to purchase energy from a QF, • §292.312 an electric utility's application for the termination of its obligation to sell energy and capacity to QFs, and • §292.313 an affected entity or person's application to the Commission for an order reinstating the electric utility's obligation to sell energy and capacity to QFs. Note that the reinstatement of an electric utility's obligation to sell or purchase electric power to/from a QF depends on a Commission determination that the qualifications that relieved the utility from the obligation of purchase or sale are no longer met. The Commission uses the information collected by FERC-912 to determine if an order is appropriate and required under PURPA section 210(m). Without this collection of information, the Commission would not be able to carry out its obligations under PURPA section 210(m).

The latest form for FERC-912: PURPA Section 210(m) Notification Requirements Applicable to Cogeneration and Small Power Production Facilities expires 2022-09-30 and can be found here.