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OMB Control No: 1902-0166	ICR Reference No: 200902-1902-001
Status: Historical Active	Previous ICR Reference No: 200512-1902-005
Agency/Subagency: FERC	Agency Tracking No: FERC-598
Title: Self Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status
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: 06/12/2009
	Date Received in OIRA: 02/02/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2012	36 Months From Approved	06/30/2009
Responses	199	0	27
Time Burden (Hours)	1,194	0	51
Cost Burden (Dollars)	0	0	0

Abstract: The information submitted to FERC is in a written application for determination of status as an Exempt Wholesale Generator (EWG)or a Foreign Utility Company (FUCO). Accordingly the information provided in the self-certifications may vary. FERC reviews the applications to determine whether the applicant meets the statutory requirements for EWG or FUCO status and for consistency with PUHCA 2005. FERC limits its consideration to the purpose of determining the adequacy of the factual representations made to satisfy the statutory criteria. As noted above, the information collected is used by FERC to implement the statutory provisions of Title XII, subchapter F of the Energy Policy Act of 2005 (EPAct 2005). 1)EWGs are companies engaged directly, or indirectly though one or more affiliates, and exclusively in the business of owning and/or operating all or part of one or more eligible facilities and selling electric energy at wholesale. 2)FUCOs are companies that own and operate facilities used for the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas outside of the United States. FUCOs derive no part of their income, directly or indirectly, from the United States energy markets.

Authorizing Statute(s): PL: Pub.L. 102 - 486 711 Name of Law: Energy Policy Act of 1992
PL: Pub.L. 109 - 58 1262 Name of Law: Energy Policy Act of 2005

Citations for New Statutory Requirements: PL: Pub.L. 109 - 58 1262 Name of Law: Public Utility Holding Company Act 2005

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:
	73 FR 70339	11/20/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 5827	02/02/2009
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Self Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute
Annual Number of Responses	199	27	172
Annual Time Burden (Hours)	1,194	51	1,143
Annual Cost Burden (Dollars)	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: There is adjuFERC issued Final Rule RM05-32-000 in response to enactment of the Energy Policy Act of 2005. The regulations fulfilled FERCs responsibilities to implement rules implementing the repeal of the Public Utility Holding Company Act of 1935 and the enactment of Public Utility Holding Company Act of 2005, EPAct 2005. FERC removed its existing exempt wholesale generator rules, 18 C.F.R. Part 365 as they were no longer necessary. In response to comments that FERC received, it decided that in interpreting PUHCA 2005, FERC can permit new wholesale sellers to obtain Exempt Wholesale Generator status (EWG). Therefore, FERC allowed EWGs and now FUCOs (foreign utility companies) to use self certification for their exemption. The Commission estimated that 27 EWGs would file under the new self certification procedures. That number has increased to 122 EWGs who have filed for self certification. The remainder of the 199 entities or 77 entities are FUCOs. The Commission has experienced an increase of 95 entities over its original estimate who are responding to changes to the Commissions regulations and are now using the self certification process for EWGs and 77 entities who are now subject to the Commissions regulations due to the passage of Energy Policy Act 2005, specifically PUHCA 2005.

Annual Cost to Federal Government: $96,618

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: Lawrence Greenfield 202 502-6415 lawrence.greenfield@ferc.gov

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