Agency Information Collection Activities; Proposals, Submissions, and Approvals

Federal Register: June 10, 2009 (Volume 74, Number 110)

Notices

Page 27520-27521

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr10jn09-37

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Docket No. IC09-915-001

Commission Information Collection Activities (FERC-915); Comment

Request; Submitted for OMB Review

June 3, 2009.

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice.

SUMMARY: In compliance with the requirements of section 3507 of the

Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy

Regulatory Commission (Commission or FERC) has submitted the information collection described below to the Office of Management and

Budget (OMB) for review of the information collection requirements. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below.

The Commission received no comments in response to the Federal Register notice (74FR 15474, 4/6/2009) and has made this notation in its submission to OMB.

DATES: Comments on the collection of information are due by July 10, 2009.

ADDRESSES: Address comments on the collection of information to the

Office of Management and Budget, Office of Information and Regulatory

Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.

Comments to OMB should be filed electronically, c/o oira_ submission@omb.eop.gov and include OMB Control Number 1902-0223 as a point of reference. The Desk Officer may be reached by telephone at 202-395-4638.

A copy of the comments should also be sent to the Federal Energy

Regulatory Commission and should refer to Docket No. IC09-915-001.

Comments may be filed either electronically or in paper format. Those persons filing electronically do not need to make a paper filing.

Documents filed electronically via the Internet must be prepared in an acceptable filing format and in compliance with the Federal Energy

Regulatory Commission submission guidelines. Complete filing instructions and acceptable filing formats are available at http:// www.ferc.gov/help/submission-guide/electronic-media.asp. To file the document electronically, access the Commission's Web site and click on

Documents & Filing, E-Filing (http://www.ferc.gov/docs-filing/ efiling.asp), and then follow the instructions for each screen. First- time users will have to establish a user name and password. The

Commission will send an automatic acknowledgement to the sender's e- mail address upon receipt of comments.

For paper filings, an original and 2 copies of the comments should be submitted to the Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street, NE., Washington, DC 20426, and should refer to Docket No. IC09-915-001.

All comments may be viewed, printed or downloaded remotely via the

Internet through FERC's homepage using the ``eLibrary'' link. For user assistance, contact fercolinesupport@ferc.gov or toll-free at (866) 208-3676 or for TTY, contact (202) 502-8659.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by telephone at (202) 502-8663, by fax at (202) 273-0873, and by e-mail at ellen.brown@ferc.gov.

SUPPLEMENTARY INFORMATION: FERC is requesting comments on the record retention requirement FERC-915,\1\ ``Public Utility Market-Based Rate

Authorization Holders--Records Retention Requirement,'' OMB Control No. 1902-0223.

\1\ \\ The FERC-915 requirements (formerly labeled ``FERC- 915(516)'') are contained in 18 CFR 35.41(d).

In accordance with the Federal Power Act, the Department of Energy

Organization Act (DOE Act), and the Energy Policy Act of 2005 (EPAct 2005), the Commission regulates the transmission and wholesale sales of electricity in interstate commerce, monitors and investigates energy markets, uses civil penalties and other means against energy organizations and individuals who violate FERC rules in the energy markets, and administers accounting and financial reporting regulations and oversees conduct of regulated companies.

The Commission imposes the FERC-915 record retention requirement, in 18 CFR 35.41(d), on applicable sellers to

Page 27521

retain, for a period of five years, all data and information upon which they bill the prices charged for ``electric energy or electric energy products it sold pursuant to Seller's market-based rate tariff, and the prices it reported for use in price indices.''

The record retention period of five years is necessary due to the importance of records related to any investigation of possible wrongdoing and related to assuring compliance with the codes of conduct and the integrity of the market. The requirement is necessary to ensure consistency with the rule prohibiting market manipulation (adopted in

Order No. 670) and the generally applicable five-year statute of limitations where the Commission seeks civil penalties for violations of the anti-manipulation rules or other rules, regulations, or orders to which the price data may be relevant.

Action: FERC is requesting a three-year extension of the current expiration date for the FERC-915,\1\ with no changes to the requirements.

Burden Statement: Public reporting burden for this collection is estimated at:

Number of

Number of

Average burden

FERC requirements

respondents

responses per

hours per

Total annual annually

respondent

response

burden hours

(1)

(2)

(3)

(1)x(2)x(3)

FERC-915....................................

1,150

1

1

1,150

The estimated total annual cost to respondents includes hours for labor (1,150 hrs. at $17 per hour, for a labor cost of $19,550) and storage costs (using an estimated 65,000 cu. ft of records in off-site storage, for a total storage cost of $419,858). The total annual cost

(labor plus off-site storage) is $439,408; the total annual cost per respondent is $382.

The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including: (1) Reviewing instructions; (2) developing, acquiring, installing, and utilizing technology and systems for the purposes of collecting, validating, verifying, processing, maintaining, disclosing and providing information; (3) adjusting the existing ways to comply with any previously applicable instructions and requirements;

(4) training personnel to respond to a collection of information; (5) searching data sources; (6) completing and reviewing the collection of information; and (7) transmitting, or otherwise disclosing the information.

The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities which benefit the whole organization rather than any one particular function or activity.

Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Kimberly D. Bose,

Secretary.

FR Doc. E9-13541 Filed 6-9-09; 8:45 am

BILLING CODE 6717-01-P