Electric Transmission Facilities

OMB Control No: 1902-0238	ICR Reference No: 201302-1902-004
Status: Historical Active	Previous ICR Reference No: 201001-1902-002
Agency/Subagency: FERC	Agency Tracking No: FERC-729
Title: Electric Transmission Facilities
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: 04/08/2013
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/08/2013
Terms of Clearance: In accordance with 5 CFR 1320, the information colleciton is appproved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2016	36 Months From Approved	04/30/2013
Responses	1	0	10
Time Burden (Hours)	9,600	0	96,000
Cost Burden (Dollars)	0	0	7,680,000

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Abstract: The blackout of August 2003 highlighted the need to bolster the nation's electric transmission system. However, even after the blackout, construction of interstate transmission remained relatively stagnant. This prompted Congress to require that the Department of Energy (DOE) identify transmission constraints. Specifically, the Energy Policy Act of 2005 (EPAct 2005) mandates that DOE conduct a study of electric transmission congestion within one year of enactment and every three years thereafter. After DOE conducts the study, EPAct 2005 requires that DOE issue a report, based on the study, designating any geographic areas experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers as a national interest electric transmission corridor (NIETC). Section 1221 of EPAct 2005 added a new Section 216 to the Federal Power Act (FPA). Section 216(c)(2) of the FPA requires that the Commission issue rules specifying the form of and the information to be contained in an application for proposed construction or modification of electric transmission facilities in a designated NIETC, and the manner of service of notice of the permit application on interested persons. The Commission implemented these requirements in a new Part 50 of existing subchapter B of the Commission's regulations. The new procedures required certain modifications to other existing regulations, including the Commission's regulations implementing the National Environmental Policy Act of 1969 (NEPA) in Part 380. The purpose of these regulations is to implement the Commission's mandates under EPAct 2005 Section 1221 which authorizes the Commission to issue permits under FPA Section 216(b) for electric transmission facilities and the Commission's delegated responsibility to coordinate all other federal authorizations under FPA Section 216(h). Section 50.2(b) and (c) requires any entity seeking a permit to construct electric transmission facilities to file all the information required by the proposed regulations for Commission consideration. The Commission considers the requirements of Part 50 a direct obligation. All filing requirements necessary to issue a construction permit must be filed unless the prospective applicant or applicant provides a specific showing of why something was not filed. Finally, under Section 50.2(d), the burden of proof of providing all the information in an intelligible form and justification for omitted data lies on the prospective applicant.

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Authorizing Statute(s): US Code: 16 USC 216 Name of Law: Federal Power Act    PL: Pub.L. 109 - 58 1221 Name of Law: Energy Policy Act of 2005 (EPAct of 2005)

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:
	77 FR 67638	11/13/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 7767	02/04/2013
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Electric Transmission Facilities

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ICR Summary 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	1	10	0	0	-9	0
Annual Time Burden (Hours)	9,600	96,000	0	0	-86,400	0
Annual Cost Burden (Dollars)	0	7,680,000	0	0	-7,680,000	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The burden estimates presented here serve as 'placeholder' values. FERC does not currently have any applications pending or any proposed projects in the pre-filing process. This is the reason for the large decrease in the amount of applications (and related burden)in this clearance package.

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Annual Cost to Federal Government: $45,333

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

Agency Contact: Sheila Lampitoc 202 502-6193

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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: 03/08/2013

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