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OMB Control No: 1902-0248	ICR Reference No: 202012-1902-001
Status: Historical Inactive	Previous ICR Reference No: 202002-1902-002
Agency/Subagency: FERC	Agency Tracking No: FERC-725B
Title: FERC-725B, (Proposed Rule in RM21-3) Mandatory Reliability Standards for Critical Infrastructure Protection [CIP] Reliability Standards)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 04/16/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/17/2021
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and will include in the supporting statement of the next ICR—which is to be submitted to OMB at the final rule stage—a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2021	36 Months From Approved	05/31/2022
Responses	224,800	0	224,800
Time Burden (Hours)	2,119,709	0	2,119,709
Cost Burden (Dollars)	0	0	0

Abstract: NOPR 21-3 is set out to ensure that a public utility receiving incentive rate treatment has implemented the requirements for the incentive and to ensure that it continues to adhere to these requirements, we propose to add § 35.48(f) to the Commission’s regulations to require public utilities to submit annual informational filings with the Commission. We propose specific reporting requirements for each of the NERC CIP Incentives Approach and the NIST Framework Approach The Transmission Incentives NOPR proposes additional reporting requirements for recipients of transmission incentives under FPA section 219. Such additional reporting is likewise appropriate for cybersecurity upgrades receiving incentives. Accordingly, we propose to add § 35.48(f) to require that, within 120 days of the completion of cybersecurity upgrades for which an applicant is granted incentives, an incentives recipient must make an informational filing and subsequent informational filings annually thereafter. The annual informational filings must detail the specific investments that were made pursuant to the Commission’s approval and the corresponding FERC account(s) used. In addition, the annual informational filings must describe what parts of its network were upgraded or expanded (i.e., which substations, control centers, automated and continuous monitoring equipment) in addition to the nature (i.e., describing hardware purchase) and actual cost of the various capital investments. For incentives where the Commission allows deferral of expenses as regulatory assets, annual informational filings should describe such expenses in sufficient detail to demonstrate that such expenses are specifically related to implementing the cybersecurity incentives described in this NOPR and not for ongoing costs including system maintenance, surveillance, and other labor costs, either in the form of employee salaries or third-party service contracts.We preliminarily find that the proposed reporting requirements are necessary to provide the Commission with an understanding of the costs of various types of cybersecurity investments in order to more precisely target future incentives or other policies. However, based on the qualities of such investments, as well as the likely higher sensitivity of the information, we propose to require different reporting requirements under this proposal than those proposed under the Transmission Incentives NOPR. Several aspects of cybersecurity necessitate reporting different information that the Commission has required for conventional transmission facilities receiving incentives pursuant to FPA section 219. First, cybersecurity investments are not observable. Unlike conventional transmission facilities, such as a new transmission line, it is not readily apparent if, and when, such investments are completed and serving customers. Therefore, it is important to confirm the completion of cybersecurity investments by establishing additional reporting requirements. Second, certain cybersecurity investments may require public utilities to undertake subsequent actions or make expenditures to maintain the status for which they receive incentives. Annual reports enable public utilities to demonstrate that they have undertaken such actions or expenditures.Finally, we propose that both the initial and annual informational filings provide a summary of the costs incurred to achieve the higher level of security, including supporting documentation that provides a narrative explanation of the nature of the expenses proposed for deferred cost recovery, and inclusion in rate base as a regulatory asset, including the specific accounts (under the Commission’s Uniform System of Accounts) initially charged for the incurred expenses.

Authorizing Statute(s): PL: Pub.L. 109 - 58 1211, Title XII, Subtitle A Name of Law: Energy Policy Act of 2005
US Code: 16 USC 824o Name of Law: Federal Power Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1902-AF76	Proposed rulemaking	86 FR 8309	02/05/2021

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: Program Changes Due to Agency Discretion: • The Burden was reduced to reflect the removal of one-time burden associated with RM 17-11 and RM17-13 (removal of 925 responses and 76,683 hours). Those one-time filings have been completed. • The NOPR in Docket No. RM21-3 would increase the number of responses by 20 and burden by 1,600 hours. The net changes are -905 responses and -75,083 hours.

Annual Cost to Federal Government: $6,475

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

Agency Contact: Kayla Williams 410 786-5887 kayla.williams@cms.hhs.gov

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