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OMB Control No: 1902-0233	ICR Reference No: 200703-1902-002
Status: Historical Active	Previous ICR Reference No: 200606-1902-003
Agency/Subagency: FERC	Agency Tracking No:
Title: Electric Rate Schedule Filings: RM05-25-000 : Preventing Undue Discrimination and Preference in Transmission Service
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/10/2007
	Date Received in OIRA: 03/15/2007
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2010	36 Months From Approved
Responses	232	0	0
Time Burden (Hours)	157,036	0	0
Cost Burden (Dollars)	0	0	0

Abstract: FERC is amending its regulations adopted in Order Nos. 888 and 889, and to the pro forma open access transmission tariff (OATT), to ensure that transmission services are provided on a basis that is just, reasonable and not unduly discriminatory or preferential. In April 1996, in response to its statutory obligation under FPA sections 205 and 206 to remedy undue discrimination, FERC adopted Order No. 888 prohibiting public utilities from using their monopoly power over transmission to unduly discriminate against others. FERC required all public utilities that own, control or operate facilities used for transmitting electric energy in interstate commerce to file OATTs containing minimum terms and conditions of non-discriminatory service. The Final Rule addresses deficiencies in the OATTs that had become apparent since 1996 and to facilitate improved planning and operation of transmission facilities.

Authorizing Statute(s): US Code: 16 USC 824(d), 824(e) Name of Law: Federal Power Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1902-AD02	Final or interim final rulemaking	72 FR 12266	03/15/2007

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Change Due to Agency Discretion
Annual Number of Responses	232	232
Annual Time Burden (Hours)	157,036	157,036
Annual Cost Burden (Dollars)	0	0

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: No

Burden Reduction Due to:

Short Statement: The reforms adopted in the Final Rule provide greater clarity in the terms and conditions of the pro forma OATT, resolving ambiguities in the existing pro forma OATT that have made undue discrimination easier to accomplish and more difficult to detect. The Commissions new civil penalty authority under EPAct 2005 provides ample power to remedy tariff violations, but it also places upon the Commission an increased responsibility to make the rules as clear as possible. The Commission fulfills that responsibility in the Final Rule by providing greater clarity where appropriate to several critical OATT provisions. The Final Rule also adopts a number of posting and reporting requirements that will provide the Commission and market participants with information about each transmission providers performance of pro forma OATT obligations. For example, the Commission requires transmission providers to post specific performance metrics related to their completion of studies required under the pro forma OATT. The Commission will continue to audit compliance with the pro forma OATT, and toward that end the final rule requires transmission information kept on OASIS to be retained for audit purposes for five years. Finally, the Final Rule adopts a number of reforms to operational penalties assessed under the pro forma OATT, including so-called over-use penalties and the treatment of operational penalty revenues collected from transmission providers and their affiliates.

Annual Cost to Federal Government: $1,578,738

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]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Daniel Hedberg 202 502-6243 daniel.hedberg@ferc.gov

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