[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)] [Notices] [Pages 68438-68442] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-27015] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC19-45-000] Commission Information Collection Activities (FERC Form 580); Comment Request; Extension AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice of information collection and request for comments. ----------------------------------------------------------------------- SUMMARY: In compliance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection, FERC Form 580 (Interrogatory on Fuel and Energy Purchase Practices) and submitting the information collection to the Office of Management and Budget (OMB) for review. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. [[Page 68439]] DATES: Comments on the collection of information are due January 15, 2020. ADDRESSES: Comments filed with OMB, identified by the OMB Control No. 1902-0137, should be sent via email to the Office of Information and Regulatory Affairs: [email protected]; Attention: Federal Energy Regulatory Commission Desk Officer. A copy of the comments should also be sent to the Commission, in Docket No. IC19-45-000, by either of the following methods:eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp. Mail/Hand Delivery/Courier: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426. Instructions: All submissions must be formatted and filed in accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support by email at [email protected], or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY. Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp. FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at [email protected], telephone at (202) 502-8663, and fax at (202) 273-0873. SUPPLEMENTARY INFORMATION: Title: FERC Form 580, (Interrogatory on Fuel and Energy Purchase Practices Pursuant to Section 205 of the Federal Power Act). OMB Control No.: 1902-0137. Type of Request: Three-year extension of the FERC Form 580 with no changes to the current reporting requirements. The administrative changes to the time period covered in FERC Form 580 are listed in the abstract. Abstract: On October 1, 2019 (84 FR 52080), the Commission published a Notice in the Federal Register in Docket No. IC19-45-000 requesting public comments. The Commission received one public comments and is indicating that in the related submittal to OMB. The Commission collects FERC Form 580 information every other year as required under Section 205(f)(2) of the FPA as amended by Section 208 of the Public Utility Regulatory Policies Act of 1978 (PURPA). The Commission uses the information collected on the FERC Form 580 interrogatory to review utility purchase and cost recovery practices through automatic adjustment clauses (AACs) in order to ensure efficient use of resources.\1\ The Commission uses the information to evaluate costs in individual rate filings and to supplement periodic utility audits. The public also uses the information in this manner. Without the FERC Form 580 interrogatory, the Commission would not have the requisite information to conduct the necessary review the FPA mandates. --------------------------------------------------------------------------- \1\ By using the data in FERC Form 580, the Commission is able to review utility purchase and cost recovery practices and ensure the resources are in compliance with Commission regulations in 18 Code of Federal Regulations (CFR) 35.14. --------------------------------------------------------------------------- Summary of Public Comments On December 2, 2019, American Electric Power Service Corporation (AEPSC) filed comments. AEPSC states that the Commission should further clarify in the Desk Reference the scope of necessary respondents including: (1) That only jurisdictional utilities with cost-based tariffs on file that contain AACs should be required to submit Form 580; and (2) that contracts entered into pursuant to a utilities' market- based rate authority (regardless of whether such contract happens to be cost-based and contain an AAC) are outside the scope of the necessary reporting. However, AEPSC explains that Form 580 itself indicates that such scope limitations are intended. AEPSC also states that while it has not estimated the time it spends on each form, the time spent collecting the information and completing the form appear to be understated. AEPSC provides suggestions for minimizing the burden on respondents, which AEPSC explains would be addressed through implementing new software. Additionally, AEPSC asserts that the Commission should consider providing greater consistency in terms and directions across different forms. FERC Response to Public Comments First, the Commission finds that while AEPSC states that the Desk Reference is not clear enough, AEPSC acknowledges that FERC Form 580 provides the necessary level of clarity. The Desk Reference is provided to answer common questions and assist filers in completing the FERC Form 580. Therefore, the Commission finds that revisions to the Desk Reference are not necessary for respondents to understand what is required to report as long as the directions on the FERC Form 580 are clear. Second, the Commission finds that while AEPSC states that the burden estimates appear understated, AEPSC has not provided sufficient evidence to support its claim. Without additional factual information, the Commission does not have a basis to revise the burden estimate. Third, we find that implementing major software updates is beyond the scope and timing of this docket. We will take the comment under consideration for future activities on the FERC Form 580. Lastly, while AEPSC asserts that the Commission should consider consistency in terms and directions across different forms, we find that this is not necessary for respondents to be able to understand how to complete FERC Form 580. Moreover, changes to forms other than FERC Form 580 are beyond the scope of this information collection and might require rulemaking(s). FERC is making the following administrative changes \2\ (e.g., to update the period covered) to the form: --------------------------------------------------------------------------- \2\ These changes were inadvertently omitted in the 60-day notice published on October 1, 2019 (84 FR 52080). --------------------------------------------------------------------------- Question 2a --Revise Question 2a columns as follows: ------------------------------------------------------------------------ From To ------------------------------------------------------------------------ Docket number under which rate schedule Docket number under which rate containing AAC through which costs schedule containing AAC were passed during 2016 and/or 2017 through which costs were was accepted for filing by FERC. passed during 2018 and/or 2019 was accepted for filing by FERC. Was rate schedule superseded or Was rate schedule superseded or abandoned during 2016-2017? If so, abandoned during 2018-2019? If provide Dates. so, provide dates. ------------------------------------------------------------------------ [[Page 68440]] Question 2b --Revise the paragraph under Question 2b to read: ------------------------------------------------------------------------ From To ------------------------------------------------------------------------ If any of the Utility's wholesale rate If any of the Utility's and/or service agreements containing wholesale rate and/or service an AAC listed in Question 2a, that was agreements containing an AAC used during 2016 and/or 2017, was listed in Question 2a, that filed with the Commission before was used during 2018 and/or January 1, 1990, attach an electronic 2019, was filed with the copy of it with this filing. List the Commission before January 1, documents you are submitting below. 1990, attach an electronic Note: Once this information is copy of it with this filing. submitted electronically in a text- List the documents you are searchable format it will not be submitting below. Note: Once necessary to submit it in future Form this information is submitted 580 filings. See: http://www.ferc.gov/ electronically in a text- docs-filing/elibrary/accept-file- searchable format it will not formats.asp for listing of Commission be necessary to submit it in accepted document types. future Form 580 filings. See: http://www.ferc.gov/docs-filing/elibrary/accept-file-formats.asp for listing of Commission accepted document types. ------------------------------------------------------------------------ Question 3 --Revise the paragraph under Question 3 to read: ------------------------------------------------------------------------ From To ------------------------------------------------------------------------ If during the 2016-2017 period, the If during the 2018-2019 period, Utility had any contracts or the Utility had any contracts agreements for the purchase of either or agreements for the purchase energy or capacity under which all or of either energy or capacity any portion of the purchase costs were under which all or any portion passed through a fuel adjustment of the purchase costs were clause (FAC), for each purchase from a passed through a fuel PURPA Qualifying Facility (QF) or adjustment clause (FAC), for Independent Power Producer (IPP) each purchase from a PURPA provide the information requested in Qualifying Facility (QF) or the non-shaded columns of the table Independent Power Producer below. Provide the information (IPP) provide the information separately for each reporting year requested in the non-shaded 2016 and 2017. Do not report purchased columns of the table below. power where none of the costs were Provide the information recovered through an FAC. For each separately for each reporting purchase where costs were flowed year 2018 and 2019. Do not through an FAC, fill-in the non-shaded report purchased power where columns and either ``Only energy none of the costs were charges'' or ``The total cost of the recovered through an FAC. For purchase of economic power'' columns, each purchase where costs were whichever apply. flowed through an FAC, fill-in the non-shaded columns and either ``Only energy charges'' or ``The total cost of the purchase of economic power'' columns, whichever apply. ------------------------------------------------------------------------ Question 4a --Revise Question 4a columns as follows: ------------------------------------------------------------------------ From To ------------------------------------------------------------------------ If emission allowance costs were If emission allowance costs incurred by the Utility in 2016 and/or were incurred by the Utility 2017 and were recovered through a FAC, in 2018 and/or 2019 and were provide the following information. recovered through a FAC, provide the following information. Dollar value of emission allowance cost Dollar value of emission passed through a FAC: 2016 allowance cost passed through [verbarlm]2017. a FAC: 2018 [verbarlm]2019. ------------------------------------------------------------------------ Question 5 --Revise the paragraph under Question 5 as follows: ------------------------------------------------------------------------ From To ------------------------------------------------------------------------ Provide the information requested below Provide the information regarding the Utility's fuel requested below regarding the procurement policies and practices in Utility's fuel procurement place during 2016 and/or 2017 for policies and practices in fuels whose costs were subject to 18 place during 2018 and/or 2019 CFR 35.14. Note: Responses to this for fuels whose costs were question may be filed as Privileged. subject to 18 CFR 35.14. Note: To do so, skip this question now and Responses to this question may answer it via the Fuel Procurement be filed as Privileged. To do Policies and Practices Privileged so, skip this question now and Addendum provided. Otherwise, answer answer it via the Fuel it here and your responses will be Procurement Policies and made public. Practices Privileged Addendum provided. Otherwise, answer it here and your responses will be made public. ------------------------------------------------------------------------ Question 6 --Revise the paragraph under Question 6 as follows: [[Page 68441]] ------------------------------------------------------------------------ From To ------------------------------------------------------------------------ For each fuel supply contract, of For each fuel supply contract, longer than one year in duration, in of longer than one year in force at any time during 2016 and/or duration, in force at any time 2017, where costs were subject to 18 during 2018 and/or 2019, where CFR 35.14, (including informal costs were subject to 18 CFR agreements with associated companies), 35.14, (including informal provide the requested information. agreements with associated Report the information individually companies), provide the for each contract, for each calendar requested information. Report year. [No response to any part of the information individually Question 6 for fuel oil no. 2 is for each contract, for each necessary.] Report all fuels consumed calendar year. [No response to for electric power generation and any part of Question 6 for thermal energy associated with the fuel oil no. 2 is necessary.] production of electricity. Information Report all fuels consumed for for only coal, natural gas, and oil electric power generation and should be reported. thermal energy associated with the production of electricity. Information for only coal, natural gas, and oil should be reported. ------------------------------------------------------------------------ Question 7 --Revise the paragraph under Question 7 as follows: ------------------------------------------------------------------------ From To ------------------------------------------------------------------------ For each fuel supply contract, For each fuel supply contract, including informal agreements with including informal agreements associated or affiliated companies in with associated or affiliated force at any time during 2016 or 2017 companies in force at any time WHERE CONTRACT SHORTFALL COSTS WERE during 2018 or 2019 WHERE PASSED THROUGH an FAC subject to 18 CONTRACT SHORTFALL COSTS WERE CFR 35.14, provide for each contract PASSED THROUGH an FAC subject separately the information requested to 18 CFR 35.14, provide for below. Only report the information each contract separately the requested for shortfalls that occurred information requested below. under your contracts during reporting Only report the information years 2016 or 2017 and that are not requested for shortfalls that under dispute, i.e., parties agree occurred under your contracts there was indeed a shortfall. during reporting years 2018 or 2019 and that are not under dispute, i.e., parties agree there was indeed a shortfall. ------------------------------------------------------------------------ Question 8 --Revise the paragraph under Question 8 as follows: ------------------------------------------------------------------------ From To ------------------------------------------------------------------------ For each fuel supply contract that was For each fuel supply contract bought-out or bought-down, including that was bought-out or bought- informal agreements with associated or down, including informal affiliated companies in force at any agreements with associated or time during 2016 or 2017 WHERE affiliated companies in force CONTRACT BUY-OUT AND/OR BUY-DOWN COSTS at any time during 2018 or WERE PASSED THROUGH an FAC subject to 2019 WHERE CONTRACT BUY-OUT 18 CFR 35.14, provide for each AND/OR BUY-DOWN COSTS WERE contract separately the information PASSED THROUGH an FAC subject requested below. Only report the to 18 CFR 35.14, provide for information requested for contract buy- each contract separately the downs and buy-outs that occurred under information requested below. your contracts during reporting years Only report the information 2016 or 2017 and that are not under requested for contract buy- dispute, i.e., parties agree there was downs and buy-outs that indeed a shortfall. occurred under your contracts during reporting years 2018 or 2019 and that are not under dispute i.e., parties agree there was indeed a shortfall. ------------------------------------------------------------------------ Type of Respondents: The filing must be submitted by all FERC- jurisdictional utilities owning and/or operating at least one steam- electric generating station of 50 MW or greater capacity or having a majority ownership interest in a jointly-owned steam-electric generating station of at least 50 MW. A jurisdictional utility without a cost-based tariff on file with the Commission is not required to file the form. Estimate of Annual Burden. \3\ The Commission estimates the annual \4\ public reporting burden and cost \5\ for the information collection as: --------------------------------------------------------------------------- \3\ Burden is defined as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. See 5 CFR 1320 for additional information on the definition of information collection burden. \4\ The FERC Form 580 interrogatory is conducted every two years, we are using 0.5 for annual number of responses. \5\ Commission staff finds that the work done on this information collection is typically done by wage categories like those at FERC. The estimates for cost (for wages plus benefits) are derived using the 2019 FERC average salary plus benefits of $167,091/year (or $80.00/hour). \6\ Fuel Adjustment Clause (FAC). FERC Form 580 (Interrogatory on Fuel and Energy Purchase Practices) -------------------------------------------------------------------------------------------------------------------------------------------------------- Annual cost Number of Annual number Total number Average burden & cost ($) Total annual burden hours & per respondents of responses of responses per response total annual cost ($) respondent per respondent ($) (1) (2) (1) * (2) = (4)....................... (3) * (4) = (5).............. (5) / (1) (3) -------------------------------------------------------------------------------------------------------------------------------------------------------- Respondents with FACs \6\....... 29 0.5 14.5 103 hrs.; $8,240.......... 1,493.5 hrs.; $119,480....... $4,120 Respondents with AACs, but no 9 0.5 4.5 20 hrs.; $1,600........... 90 hrs.; $7,200.............. 800 FACs. Respondents with no AACs and no 28 0.5 14 2 hrs.; $160.............. 28 hrs.; $2,240.............. 80 FACs. ----------------------------------------------------------------------------------------------------------------------- [[Page 68442]] Total....................... .............. .............. 33 .......................... 1,611.5 hrs.; $128,920....... ........... -------------------------------------------------------------------------------------------------------------------------------------------------------- Comments: Comments are invited on: (1) Whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. Dated: December 10, 2019. Kimberly D. Bose, Secretary. [FR Doc. 2019-27015 Filed 12-13-19; 8:45 am] BILLING CODE 6717-01-P