Notice2021-14474
Commission Information Collection Activities (FERC-516); Comment Request; Revision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2021
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection, FERC-516 (Electric Rate Schedules and Tariff Filings). Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below.
Full Text
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<title>Federal Register, Volume 86 Issue 127 (Wednesday, July 7, 2021)</title>
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[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35786-35789]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14474]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC21-21-000]
Commission Information Collection Activities (FERC-516); Comment
Request; Revision
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Notice of information collection and request for comments.
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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-516 (Electric Rate Schedules and Tariff
Filings). Any interested person may file comments directly with OMB and
should address a copy of those comments to the Commission as explained
below.
DATES: Comments on the collection of information are due August 6,
2021.
ADDRESSES: Send written comments on FERC-516 to OMB through
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>, Attention: Federal Energy Regulatory
Commission Desk Officer. Please identify the OMB control number (1902-
0096) in the subject line. Your comments should be sent within 30 days
of publication of this notice in the Federal Register.
Please submit copies of your comments (identified by Docket No.
IC21-21-000) to the Commission as noted below. Electronic filing
through <a href="http://www.ferc.gov">http://www.ferc.gov</a>, is preferred.
<bullet> Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
<bullet> For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
[[Page 35787]]
Instructions: OMB submissions must be formatted and filed in
accordance with submission guidelines at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Using the search function under the ``Currently Under Review
field,'' select Federal Energy Regulatory Commission; click ``submit''
and select ``comment'' to the right of the subject collection.
FERC submissions must be formatted and filed in accordance with
submission guidelines at: <a href="http://www.ferc.gov">http://www.ferc.gov</a>. For user assistance,
contact FERC Online Support by email at <a href="/cdn-cgi/l/email-protection#95f3f0e7f6fafbf9fcfbf0e6e0e5e5fae7e1d5f3f0e7f6bbf2fae3"><span class="__cf_email__" data-cfemail="61070413020e0f0d080f04121411110e131521070413024f060e17">[email protected]</span></a>, or
by phone at: (866) 208-3676 (toll-free).
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 <a href="http://www.ferc.gov">http://www.ferc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<a href="/cdn-cgi/l/email-protection#80c4e1f4e1c3ece5e1f2e1eee3e5c0c6c5d2c3aee7eff6"><span class="__cf_email__" data-cfemail="cc88adb8ad8fa0a9adbeada2afa98c8a899e8fe2aba3ba">[email protected]</span></a> and telephone at (202) 502-8663.
SUPPLEMENTARY INFORMATION:
Title: FERC-516, Electric Rate Schedules and Tariff Filings.
OMB Control No.: 1902-0096.
Type of Request: Three-year extension of the FERC-516 information
collection requirements with no changes to the current reporting
requirements.
Abstract: This notice for FERC-516 includes 11 components listed in
the table below.\1\ Section 205(c) of the Federal Power Act (FPA)
requires that every public utility have all its jurisdictional rates
and tariffs on file with the Commission and make them available for
public inspection, within such time and in such form as the Commission
may designate. Section 205(d) of the FPA requires that every public
utility must provide notice to FERC and the public of any changes to
its jurisdictional rates and tariffs, file such changes with FERC, and
make them available for public inspection, in such manner as directed
by the Commission. FPA section 205 specifies that all rates and
charges, and related contracts and service conditions, for wholesale
sales and transmission of energy in interstate commerce must be filed
with the Commission and must be ``just and reasonable''. In addition,
FPA section 206 requires the Commission, upon complaint or its own
motion, to modify existing rates or services that are found to be
unjust, unreasonable, unduly discriminatory or preferential.
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\1\ This notice does not address the requirements in the
Supplementary Notice of Proposed Rulemaking (NOPR) in Docket No.
RM20-10. The Supplementary NOPR is available here: <a href="https://www.ferc.gov/media/rm20-10-000-041521">https://www.ferc.gov/media/rm20-10-000-041521</a>.
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Several rulemakings related to this information collection and its
components have been summarized below.
In Order No. 745 (in Docket No. RM10-17), the Commission amended
its regulations under the Federal Power Act (FPA). That amendment
sought to ensure that when a demand response resource participating in
an organized wholesale energy market administered by a Regional
Transmission Organization (RTO) or Independent System Operator (ISO)
has to demonstrate by a compliance filing that it has the capability to
balance supply and demand as an alternative to a generation resource,
and when dispatch of that demand response resource is cost-effective as
determined by the net benefits test described in the final rule, that
demand response resource must be compensated for the service it
provides to the energy market at the market price for energy, referred
to as the locational marginal price (LMP).\2\ This approach for
compensating demand response resources helps to ensure the
competitiveness of organized wholesale energy markets and remove
barriers to the participation of demand response resources, thus
ensuring just and reasonable wholesale rates.
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\2\ The full text of the Final Rule is available on FERC's
eLibrary system (<a href="https://elibrary.ferc.gov/eLibrary/search">https://elibrary.ferc.gov/eLibrary/search</a>) by
searching Docket No. RM10-17.
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In Order 845 (in Docket No. RM11-7), the Commission revised its
regulations to remedy undue discrimination in the procurement of
frequency regulation in the organized wholesale electric markets and
ensure that providers of frequency regulation receive just and
reasonable and not unduly discriminatory or preferential rates. To
remedy this undue discrimination, the Commission found that it is just
and reasonable to require all RTOs and ISOs to modify their tariffs to
provide for a two-part payment to frequency regulation resources.\3\
The compensation methods for regulation service in RTO and ISO markets
failed to acknowledge the inherently greater amount of frequency
regulation service being provided by faster-ramping resources. In
addition, certain practices of some RTOs and ISOs resulted in
economically inefficient economic dispatch of frequency regulation
resources. By remedying these issues, the Commission removed unduly
discriminatory and preferential practices from RTO and ISO tariffs and
required the setting of just and reasonable rates. It specifically
required RTOs and ISOs to compensate frequency regulation resources
based on the actual service provided, including a capacity payment that
includes the marginal unit's opportunity costs and a payment for
performance that reflects the quantity of frequency regulation service
provided by a resource when the resource is accurately following the
dispatch signal.
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\3\ The full text of the Final Rule is available on FERC's
eLibrary system (<a href="https://elibrary.ferc.gov/eLibrary/search">https://elibrary.ferc.gov/eLibrary/search</a>) by
searching Docket No. RM11-7.
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Order No. 764 (in Docket No. RM10-11), the Commission amended the
pro forma Open Access Transmission Tariff (OATT) to remove unduly
discriminatory practices and to ensure just and reasonable rates for
Commission-jurisdictional services. Specifically, the Commission
removed barriers to the integration of variable energy resources by
requiring each public utility transmission provider to: (1) Offer
intra-hourly transmission scheduling; and, (2) incorporate provisions
into the pro forma Large Generator Interconnection Agreement requiring
interconnection customers whose generating facilities are variable
energy resources to provide meteorological and forced outage data to
the public utility transmission provider for the purpose of power
production forecasting.
In Order 676-G (in Docket No. RM05-5-020), the Commission amended
its regulations at 18 CFR 38.2 (which establish standards for business
practices and electronic communications for public utilities) to
incorporate by reference updated business practice standards adopted by
the Wholesale Electric Quadrant (WEQ) of the North American Energy
Standards Board (NAESB) to categorize various products and services for
demand response and energy efficiency and to support the measurement
and verification of these products and services in organized wholesale
electric markets. These standards provided common definitions and
processes regarding demand response and energy efficiency products in
organized wholesale electric markets where such products are offered.
The standards also required each RTO and ISO to address in the RTO or
ISO's governing documents the performance evaluation methods to be used
for demand response and energy efficiency products. The standards
facilitated the ability of demand response and energy efficiency
providers to participate in organized wholesale electric markets,
reducing transaction costs and providing an opportunity for more
customers to participate in these programs, especially for customers
that operate in more than one organized market.
In Order No. 676-H (in Docket No. RM05-5-022), the Commission
revised its regulations to incorporate by
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reference, with certain enumerated exceptions, Version 003 of the
Standards for Business Practices and Communication Protocols for Public
Utilities adopted by the WEQ of NAESB as mandatory enforceable
requirements. These standards updated NAESB's WEQ Version 002 and
Version 002.1 Standards to reflect policy determinations made by the
Commission in the Order Nos. 890, 890-A, 890-B and 890-C.\4\ In
addition, the Commission listed informationally, as guidance, NAESB's
Smart Grid Standards (WEQ-016 through WEQ-020) in Part 2 of the
Commission's regulations. The Commission required public utilities and
those entities with reciprocity tariffs to modify their open access
transmission tariffs (OATTs) to include the WEQ standards that were
incorporated by making a compliance filing.
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\4\ Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, FERC Stats. & Regs. ] 31,241
(2007), order on reh'g, Order No. 890-A, FERC Stats. & Regs. ]
31,261 (2007), order on reh'g, Order No. 890-B, 123 FERC ] 61,299
(2008), order on reh'g and clarification, Order No. 890-C, 126 FERC
] 61,228 (2009) (Order No. 890-C). The Version 002 standards also
included revisions made in response to Order No. 890.
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In Order No. 819 (in Docket No. RM15-2), the Commission revised its
regulations to foster competition in the sale of primary frequency
response service. Specifically, the Commission amended its regulations
governing market-based rates for public utilities pursuant to the FPA
to permit the sale of primary frequency response service at market-
based rates by sellers with market-based rate authority for sales of
energy and capacity. The Commission found that a seller that already
has market-based rate authority as of the effective date of the Final
Rule is authorized as of that date to make sales of primary frequency
response service at market-based rates.\5\ Such a seller was required
to revise the third-party provider ancillary services provision of its
market-based rate tariff to reflect that it wished to make sales of
primary frequency response service at market-based rates. In order to
reduce their administrative burden, the Commission permitted such
sellers to wait to file this tariff revision until the next time they
made a market-based rate filing with the Commission, such as a notice
of change in status filing or a triennial update.
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\5\ The full text of the Final Rule is available on FERC's
eLibrary system (<a href="https://elibrary.ferc.gov/eLibrary/search">https://elibrary.ferc.gov/eLibrary/search</a>) by
searching Docket No. RM15-2.
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In Order No. 842 (in Docket No. RM16-6-000), the Commission revised
its regulations to require newly interconnecting large and small
generating facilities, both synchronous and non-synchronous, to
install, maintain, and operate equipment capable of providing primary
frequency response as a condition of interconnection. To implement
these requirements, the Commission modified the pro forma Large
Generator Interconnection Agreement (LGIA) and the pro forma Small
Generator Interconnection Agreement (SGIA). These changes were designed
to address the potential reliability impact of the evolving generation
resource mix, and to ensure that the relevant provisions of the pro
forma LGIA and pro forma SGIA are just, reasonable, and not unduly
discriminatory or preferential. Section 35.28(f)(1) of the Commission's
regulations requires every public utility with a non-discriminatory
OATT on file to also have a pro forma LGIA and pro forma SGIA on file
with the Commission. Each public utility transmission provider that has
a pro forma LGIA and/or pro forma SGIA within its OATT was required to
submit a compliance filing that demonstrates that it meets the
requirements set forth in the Final Rule within Docket No. RM16-6-000.
In Order 845 (in Docket No. RM17-8), the Commission amended the pro
forma Large Generator Interconnection Procedures and the pro forma LGIA
to improve certainty, promote more informed interconnection, and
enhance interconnection processes. The reforms were intended to ensure
that the generator interconnection process is just and reasonable and
not unduly discriminatory or preferential. The Commission required all
public utility transmission providers to submit compliance filings to
adopt the requirements of the Final Rule (in Docket No. RM17-8), as
revisions to the LGIP and LGIA in their OATTs.
In Order 864 (in Docket No. RM19-5), the Commission required public
utility transmission providers with transmission formula rates under an
OATT, a transmission owner tariff, or a rate schedule to revise those
transmission formula rates to account for changes caused by the Tax
Cuts and Jobs Act of 2017. The Commission required public utilities
with transmission formula rates to include a mechanism in those
transmission formula rates to deduct any excess accumulated deferred
income taxes (ADIT) from or add any deficient ADIT to their rate bases.
Public utilities with transmission formula rates were also required to
incorporate a mechanism to decrease or increase their income tax
allowances by any amortized excess or deficient ADIT, respectively.
Finally, the Commission required public utilities with transmission to
update their formula rates through a compliance filing to incorporate a
new permanent worksheet into their transmission formula rates that will
annually track information related to excess or deficient ADIT.
Estimate of Annual Burden: \6\ The Commission estimates the average
annual burden and cost \7\ for FERC-516 as follows.\8\ The `annual no.
of responses per respondent' have been rounded. The estimated total
annual burden for this information collection has decreased due to the
completion of several one-time filings. The one-time filings required
in Order 845 (in Docket No. RM17-8), Order 755 (in Docket No. RM11-7),
and Order 676-G (in Docket No. RM05-05-020) are complete. Because Order
Nos. 845, 755, 676-G remain a one-time filing requirement for
transmission organizations, the burden associated with this data
collections will result only if a new transmission organization enters
FERC jurisdiction. One response for one new transmission organization
is being used as a placeholder for a possible application from such a
new transmission organization with an organized electricity market.\9\
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\6\ 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. For
further explanation of what is included in the information
collection burden, refer to 5 CFR part 1320.
\7\ The Commission staff estimates that the average respondent
for this collection is similarly situated to the Commission, in
terms of salary plus benefits. Based on FERC's 2020 annual average
of $172,329 (for salary plus benefits), the average hourly cost is
$83/hour.
\8\ The following currently approved one-time filings for FERC-
516 are complete.
<bullet> The one-time total burden for Electric Rate Schedules
and Tariffs in Docket No. RM17-8 was a total of 65,220 hours that
was averaged over three years (65,220 / 3 = 21,740 hours/year over
three years).
<bullet> The one-time total burden for Electric Rate Schedules
and Tariffs in Docket No. RM11-7 was a total of 5,500 hours that was
averaged over three years (5,500 / 3 = 1,833 hours/year over three
years).
<bullet> The one-time total burden for Electric Rate Schedules
and Tariffs in Docket No. RM05-05-020 was a total of 60 hours.
\9\ If a new RTO/ISO is formed, their tariff filings would be
required by Order 845 (in Docket No. RM17-8), Order 755 (in Docket
No. RM11-7), and Order 676-G (in Docket No. RM05-05-020).
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FERC-516, Electric Rate Schedules and Tariff Filings
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Annual number
Requirements Number of of responses Total number of Average burden and cost Total annual burden hours Cost per
respondents per respondent responses per response and cost respondent
(1) (2) (1) x (2) = (3) (4)....................... (3) * (4) = (5)........... (5)/(1) = (5)
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Electric Rates Schedules and 1,230 3.633 4,469 103.27 hrs.; $8,571.41.... 461,513.63 hrs.; $31,142.79
Tariff Filings. $38,305,631.29.
Demand Response, RM10-17 (one- 6 11.33 68 114.71 hrs.; $9,520.93.... 7,800.28 hrs.; $647,423.24 107,903.87
time and monthly filings).
Frequency Regulation, RM11-7 1 1 1 366.66 hrs.; $30,432.78... 366.66 hrs.; $30,432.78... 30,432.78
(one-time tariff filing and
system modification) \9\.
Variable Energy Resource 142 2.113 300 29.95 hrs.; $2,485.85..... 8,985 hrs.; $745,755...... 5,251.80
Integration Rule (RM10-11),
Voluntary Burden.
Variable Energy Resource 294 1.9116 562 30.91 hrs.; $2,565.53..... 17,371.42 hrs.; 4,904.18
Integration Rule, (RM10-11) $1,441,827.86.
Mandatory Burden.
Tariff Filings in RM05-5-020 1 1 1 5 hrs.; $415.............. 5 hrs.; $415.............. 415
(one-time) \9\.
Standards for Business 162 1 162 6 hrs.; $498.............. 972 hrs.; $80,676......... 498
Practices and Communication
Protocols for Public
Utilities Tariff Filings in
RM05-5-022 (one-time) \10\.
Tariff Filings to Reflect 1,585 0.1634 259 6 hrs.; $498.............. 1,554 hrs.; $128,982...... 81.38
Primary Frequency Response
Services in MBR (Final Rule
in RM15-2).
Essential Reliability 74 1 74 10 hrs.; $830............. 740 hrs.; $61,420......... 830
Services and the Evolving
Bulk-Power System--Primary
Frequency Response in RM16-6.
Reform of Generator 162 2.66 431 4 hrs.; $332.............. 1,724 hrs.; $143,092...... 883.28
Interconnection Procedures
and Agreements in RM17-8
(ongoing) \10\.
Reform of Generator 1 1 1 49.41 hrs.; $4,101.03..... 49.41 hrs.; $4,101.03..... 4,101.03
Interconnection Procedures
and Agreements in RM17-8
(one-time) \9\.
Public Utility Transmission 106 1.666 177 13.57 hrs.; $1,126.31..... 2,401.89 hrs.; $199,356.87 1,880.73
Rate Changes to Address
Accumulated Deferred Income
Taxes in RM19-5, one-time
and ongoing.
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Total Burden for FERC-516 .............. .............. 6,505 .......................... 503,483.29 hrs.; ..............
\11\. $41,789,113.07.
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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 estimate 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.
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\10\ The increase in the number of respondents from 132 to 162
is based on the increased number of companies subject to compliance
and changes in the last few years as identified by the NERC
registry.
\11\ The total number of responses for FERC-516 is 6,504.98
which is rounded to 6,505.
Dated: June 30, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-14474 Filed 7-6-21; 8:45 am]
BILLING CODE 6717-01-P
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