In accordance with 5 CFR 1320, the information collection is approved for three years.
Inventory as of this Action
Requested
Previously Approved
04/30/2015
36 Months From Approved
06/30/2012
100
0
199
600
0
1,194
0
0
0
The information submitted to FERC is in a written application for determination
of status as an Exempt Wholesale Generator (EWG)or a Foreign Utility Company (FUCO). Accordingly the information provided in the self-certifications may vary. FERC reviews the applications to determine whether the applicant meets the statutory requirements for EWG or FUCO status and for consistency with PUHCA 2005. FERC limits its consideration to the purpose of determining the adequacy of the factual representations made to satisfy the statutory criteria. As noted above, the information collected is used by FERC to implement the statutory provisions of Title XII, subchapter F of the Energy Policy Act of 2005 (EPAct 2005).
1)EWGs are companies engaged directly, or indirectly though one or more affiliates, and exclusively in the business of owning and/or operating all or part of one or more
FERC issued Final Rule RM05-32-000 in response to enactment of the Energy Policy Act of 2005. The regulations fulfilled FERC's responsibilities to implement rules implementing the repeal of the Public Utility Holding Company Act of 1935 and the enactment of Public Utility Holding Company Act of 2005, EPAct 2005. FERC removed its existing exempt wholesale generator rules, 18 CFR 365 as they were no longer necessary. In response to comments that FERC received, it decided that in interpreting PUHCA 2005, FERC can permit new wholesale sellers to obtain Exempt Wholesale Generator status (EWG). Therefore, FERC allowed EWGs and now FUCOs (foreign utility companies) to use self certification for their exemption.
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.
FINALv2 IC12-3-000 (FERC-598)-supp statement.doc
EPAct 2005 (Pub L. No. 109-58, 119 Statute 594 2005).pdf
RM-93-1-000 Final Rule.txt
Self Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status