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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1902-0234
ICR Reference No:
202209-1902-001
Status:
Active
Previous ICR Reference No:
201907-1902-004
Agency/Subagency:
FERC
Agency Tracking No:
FERC-919
Title:
FERC-919, Refinements to Policies and Procedures for Market Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities
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:
11/06/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/13/2022
Terms of Clearance:
In accordance with 5 CFR 1320, the information collection is approved for 3 years.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2026
36 Months From Approved
11/30/2023
Responses
2,631
0
358
Time Burden (Hours)
62,609
0
35,401
Cost Burden (Dollars)
0
0
0
Abstract:
The FERC–919 collection is necessary to ensure that market-based rates charged by public utilities are just and reasonable as mandated by Federal Power Act (FPA) sections 205 and 206. Section 205 of the FPA requires just and reasonable rates and charges. Section 206 allows the Commission to revoke a seller’s market-based rate authorization if it determines that the seller may have gained market power since it was originally granted market-based rate authorization by the Commission. FERC-919, as stated in 18 Code of Federal Regulations (CFR) Part 35, Subpart H, the Commission codifies market-based rate standards for generating electric utilities for use in the Commission’s determination of whether a wholesale seller of electric energy, capacity, or ancillary services qualify for market-based rate authority. Subpart H mandates that sellers submit market power analyses and related filings. Market power analyses must address both horizontal and vertical market power.
Authorizing Statute(s):
US Code:
16 USC 824d and 824e
Name of Law: Federal Power Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
87 FR 37853
06/24/2022
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 54992
09/08/2022
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
6
IC Title
Form No.
Form Name
Change in Status Filings (18 CFR 35.42(a))
Market power analysis in new applications for market-based rates (18 CFR 35.37a)
Order 860A Upstream Affiliates
Relational Database: Order 860-A Category 1-(Ongoing)
Relational Database: Order 860-A Category 2 (Ongoing)
Triennial market power analysis in category 2 seller updates (18 CFR 35.37a)
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
2,631
358
0
0
2,273
0
Annual Time Burden (Hours)
62,609
35,401
0
0
27,208
0
Annual Cost Burden (Dollars)
0
0
0
0
0
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 large increase is due to the addition of the burden that was previously recorded in 919A (1902-0317) and is being moved into the FERC 919 collection. The estimates from the category 1 and category 2 ongoing estimates did not change from the estimates in Order 860 (RM16-17-000). The carryover for category 1 and 2 total 1,833 responses and 6,968 hours, which makes up for most of the increase in responses. Additionally, since the issuance of 860, the Commission has identified 440 responses from upstream affiliates, which adds 440 responses and 20,240 hours, which makes up most of the increase in burden hours. This carryover burden will temporarily overlap with the burden in 919A until OMB issues a decision on FERC 919. At that time, staff anticipates discontinuance of the 919A collection, which will eliminate the burden recorded in the temporary collection.
Annual Cost to Federal Government:
$5,429,369
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:
Sarah Batto 202 502-8927
Common Form ICR:
No
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:
09/13/2022
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