View Information Collection Request (ICR) Package

OMB Control No: 1902-0238	ICR Reference No: 201903-1902-007
Status: Historical Active	Previous ICR Reference No: 201602-1902-004
Agency/Subagency: FERC	Agency Tracking No: FERC-729
Title: FERC-729, Electric Transmission Facilities
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: 10/11/2019
	Date Received in OIRA: 07/12/2019
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. Note that the burden estimates presented here serve as ‘placeholder’ values as is approved as such. FERC does not currently have any applications pending or any proposed projects in the pre-filing process. If the number of respondents or the burden changes significantly during this approval period, such that the burden estimate, as approved, is no longer a reasonable estimate, FERC will request a modification to update this collection.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2022	36 Months From Approved	10/31/2019
Responses	1	0	1
Time Burden (Hours)	9,600	0	9,600
Cost Burden (Dollars)	0	0	0

Abstract: The blackout of August 2003 highlighted the need to bolster the nation’s electric transmission system. However, even after the blackout, construction of interstate transmission remained relatively stagnant. This prompted Congress to require that the Department of Energy (DOE) identify transmission constraints. Specifically, the Energy Policy Act of 2005 (EPAct 2005) mandates that DOE conduct a study of electric transmission congestion within one year of enactment and every three years thereafter. After DOE conducts the study, EPAct 2005 requires that DOE issue a report, based on the study, designating any geographic areas experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers as a national interest electric transmission corridor (NIETC). Section 1221 of EPAct 2005 added a new Section 216 to the Federal Power Act (FPA). Section 216(c)(2) of the FPA requires that the Commission issue rules specifying the form of and the information to be contained in an application for proposed construction or modification of electric transmission facilities in a designated NIETC, and the manner of service of notice of the permit application on interested persons. The Commission implemented these requirements in a new Part 50 of existing subchapter B of the Commission’s regulations. The new procedures required certain modifications to other existing regulations, including the Commission’s regulations implementing the National Environmental Policy Act of 1969 (NEPA) in Part 380. The purpose of these regulations is to implement the Commission’s mandates under EPAct 2005 Section 1221 which authorizes the Commission to issue permits under FPA Section 216(b) for electric transmission facilities and the Commission’s delegated responsibility to coordinate all other federal authorizations under FPA Section 216(h). Section 50.2(b) and (c) requires any entity seeking a permit to construct electric transmission facilities to file all the information required by the proposed regulations for Commission consideration. The Commission considers the requirements of Part 50 a direct obligation. All filing requirements necessary to issue a construction permit must be filed unless the prospective applicant or applicant provides a specific showing of why something was not filed. Finally, under Section 50.2(d), the burden of proof of providing all the information in an intelligible form and justification for omitted data lies on the prospective applicant.

Authorizing Statute(s): US Code: 16 USC 216 Name of Law: Federal Power Act
   PL: Pub.L. 109 - 58 1221 Name of Law: Energy Policy Act of 2005 (EPAct of 2005)
   US Code: 42 USC 4321 Name of Law: National Environmental Policy Act of 1969
   US Code: 42 USC 7172 Name of Law: Department of Energy Organization 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:
	84 FR 18015	04/29/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 33255	07/12/2019
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
Electric Transmission Facilities

ICR Summary of Burden

	Total Approved	Previously Approved
Annual Number of Responses	1	1
Annual Time Burden (Hours)	9,600	9,600
Annual Cost Burden (Dollars)	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:

Annual Cost to Federal Government: $54,377

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? Uncollected

Agency Contact: Sheila Simmonds 202 502-7313

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