Notice2024-31565
Commission Information Collection Activities (FERC-517); Comment Request; Extension
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
January 3, 2025
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-517 (Safety of Waterpower Projects and Project Works) represented by OMB Control No. 1902-0319. There are no changes to the information collection.
Full Text
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<title>Federal Register, Volume 90 Issue 2 (Friday, January 3, 2025)</title>
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[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Notices]
[Pages 311-314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31565]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. IC25-2-000]
Commission Information Collection Activities (FERC-517); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission, DOE.
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-517 (Safety of Waterpower Projects and
Project Works) represented by OMB Control No. 1902-0319. There are no
changes to the information collection.
DATES: Comments on the collection of information are due March 4, 2025.
ADDRESSES: You may submit copies of your comments (identified by Docket
No. IC25-2-000) by one of the following methods:
Electronic filing through <a href="https://www.ferc.gov">https://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 other delivery methods:
[cir] Mail via U.S. Postal Service Only: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
[cir] All other delivery services: Federal Energy Regulatory
Commission, Secretary of the Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: <a href="https://www.ferc.gov">https://www.ferc.gov</a>. For
user assistance, contact FERC Online Support by email at
<a href="/cdn-cgi/l/email-protection#3a5c5f485955545653545f494f4a4a55484e7a5c5f4859145d554c"><span class="__cf_email__" data-cfemail="ef898a9d8c80818386818a9c9a9f9f809d9baf898a9d8cc1888099">[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="https://www.ferc.gov">https://www.ferc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Kayla Williams may be reached by email
at <a href="/cdn-cgi/l/email-protection#793d180d183a151c180b18171a1c393f3c2b3a571e160f"><span class="__cf_email__" data-cfemail="3a7e5b4e5b79565f5b485b54595f7a7c7f6879145d554c">[email protected]</span></a>, telephone at (202) 502-6468.
SUPPLEMENTARY INFORMATION:
[[Page 312]]
Title: FERC-517 (Safety of Waterpower Projects and Project Works).
OMB Control No.: 1902-0319.
Type of Request: Three-year extension of the FERC-517 information
collection requirements with no changes to the current reporting
requirements.
Abstract: This information collection will assist in the assessment
of the safety of waterpower projects and project works licensed by the
Commission. The Commission will use the information collection
activities to evaluate project-specific dam and public safety
assessments, determine whether those assessments are sufficient for the
protection of life, health, and property, and to ensure that project
works are being maintained in an adequate condition of repair.
The information is necessary in order to determine the urgency,
priority, and scope of potential safety improvements or risk reduction
measures that might be needed for the protection of life, health, and
property.
The following reports are required and are a part of FERC-517:
18 CFR Part 12, Subpart B (Reports and Records)
The regulations at 18 CFR 12.10(a) and (b) require applicants and
licensees to report promptly to the Regional Engineer \1\ any incident
resulting in death or serious injury that occurs at the relevant
project. Section 12.10(a) requires an oral report to the Regional
Engineer by telephone of any condition affecting the safety of a
project or projects works, ``as soon as practicable after that
condition is discovered.'' Section 12.10(b) requires a written report
that includes a description of the cause and location of the accident,
which must be submitted within the time specified by the Regional
Engineer.
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\1\ The Regional Engineer is a member of the Commission's staff.
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The regulation at 18 CFR 12.10(b) requires a written report of any
death, serious injury, or rescue. Such reports must describe any
remedial actions taken or proposed to avoid or reduce the chance of
similar occurrences in the future and must be verified in accordance
with section 12.13.\2\
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\2\ Section 12.13 specifies how to verify the authenticity of a
document submitted in accordance with 18 CFR part 12.
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Section 12.10(b)(3), section 12.10(b)(2)(ii) provides that deaths
that are not project-related may be reported by providing a copy of a
clipping from a newspaper article, if available. Section
12.10(b)(2)(iii) provides that serious injuries and rescues that are
not project-related do not require a written report. The initial report
must be made by email or telephone as soon as practicable after the
condition is discovered, ``preferably within 72 hours.''
18 CFR Part 12, Subpart D (Review, Inspection, and Assessment by
Independent Consultant)
Overview of Subpart D
Regulations at 18 CFR part 12 subpart D pertain to project safety
inspections by independent consultants. These inspections sometimes are
colloquially called ``Part 12D inspections.'' These inspections are
licensee-facilitated and are in addition to the project safety
inspections conducted regularly by Commission staff.
Subpart D requires two tiers of independent consultant inspections
for licensed project developments that meet the criteria shown at
section 12.30.
Subpart D adopted a two-tier structure that includes two types of
inspections: a comprehensive assessment (CA) and a periodic inspection
(PI). Each comprehensive assessment will be performed at a ten-year
interval, with the periodic inspection occurring midway between
comprehensive assessments. A periodic inspection will focus on a
project's performance over the previous five years, and will include a
field inspection, a review of project operations, an in-depth review of
monitoring data trends and behavior, and an evaluation of whether any
potential failure modes are occurring. A comprehensive assessment will
build on a periodic inspection with a deep dive into every aspect of a
project, including a detailed review of the design basis, analyses of
record, and construction history; an evaluation of spillway adequacy; a
Potential Failure Mode Analysis; and a Risk Analysis.
Engineering Guidelines--Chapters 15 & 16
Chapter 15 of the Engineering Guidelines provides guidance on a
Supporting Technical Information Document (STID). A STID serves as a
compendium of knowledge and information about a project and greatly
facilitates the review and evaluation of the safety and performance of
project works by licensees, consultants, and Commission staff. The STID
consists of a hard copy and a digital reference. It is required for all
projects subject to 18 CFR 12D and is used for assessing the
completeness and appropriateness of technical information.
The STID summarizes the project elements and details that, except
in the event of detailed studies or construction, do not change
significantly over time. The digital reference (e.g., a CD, DVD, or
other form of electronic media) includes a compilation of all available
source material and additional supporting information, formatted so
that the licensee, commission staff, or consultants can identify and
retrieve the information they need. A searchable electronic version of
the hard copy material must be included on the digital reference. The
licensee is responsible for compiling the information for the STID and
for creating and maintaining the document for use by themselves, the
Part 12D independent consultants, and Commission staff.
Chapter 16 of the Engineering Guidelines requires licensees to
submit a detailed Part 12D Inspection Plan prior to conducting either
type of inspection (i.e., a periodic inspection or comprehensive
assessment) that describes the scope of the inspection, proposes an
Independent Consultant Team, and establishes the proposed schedule.
Section 16-3.3.1 of chapter 16 of the Engineering Guidelines provides
that the Part 12D Inspection Plan must include the following
information:
<bullet> Project name, FERC number, and state(s) where the project
is located;
<bullet> Type of Part 12D Inspection (Comprehensive Assessment or
Periodic Inspection), and a reminder that a Risk Analysis must be
completed for a Comprehensive Assessment;
<bullet> A brief description of the project features;
<bullet> A proposed team of Independent Consultants, including the
identification and assessment of technical disciplines to be
represented on the team of Independent Consultants; the names and
resumes for the Independent Consultants; a list of supporting team
member roles and their intended areas of expertise; and the names and
resumes of facilitators for any Potential Failure Mode Analysis or Risk
Analysis as needed; and
<bullet> A schedule for Part 12D Inspection-related activities.
Under chapter 16, members of the Independent Consultant Team are
required to prepare a Pre-Inspection Preparation Report to document
their initial findings from their review of project documentation,
instrumentation data, and other information prior to the field
inspection. Chapter 16 provides an outline for this PRA activity.
Chapter 16 also provides outlines for, and describes the scope of,
the periodic inspections and comprehensive assessments that are
required in 18 CFR part 12 subpart D.
[[Page 313]]
Chapters 17 and 18 provide additional details and licensee guidance
for conducting a Potential Failure Mode Analysis and a Level 2 Risk
Analysis, which are required components of a comprehensive assessment.
Independent Consultant Team Proposals and Reports
The regulations at 18 CFR 12.31(a) and 12.31(b), respectively, list
specific qualifications that are required of independent consultants
and independent consultant teams. The regulation at 18 CFR 12.34(a)
requires that the licensee obtain written approval of the independent
consultant team from the Director of the Division of Dam Safety and
Inspections (D2SI) prior to performing a periodic inspection or
comprehensive assessment.
The regulation at 18 CFR 12.34(b) requires that the licensee submit
a detailed independent consultant team proposal to the Director of D2SI
at least 180 days prior to performing a periodic inspection or
comprehensive assessment. As part of this, the licensee must submit
documentation of the experience and qualifications for all members of
the independent consultant team, including one or more independent
consultants and additional contributing members, as needed. This
enables the Commission staff to evaluate the breadth and depth of the
team's experience and ensure that it is commensurate with the scale,
complexity, and technical disciplines of the project and type of review
being performed. The Commission intends for a comprehensive assessment
to require a higher level of experience and expertise than a periodic
inspection, due to the broader scope of the comprehensive assessment.
The regulation at 18 CFR 12.34(c) authorizes the Director of D2SI
to disapprove an independent consultant team member, regardless of
demonstrated experience and qualifications, for good cause, such as
having a report rejected by the Commission within the preceding five
years. This provision allows the Commission to ensure that independent
consultants' inspections are performed by qualified parties.
18 CFR Part 12, Subpart F (Owner's Dam Safety Program)
Overview of Subpart F
The regulation at 18 CFR 12.60 provides that subpart F applies to
all licensees with dams or other project works with a high or
significant hazard potential. The terms ``High hazard potential'' and
``Significant hazard potential and ``Low hazard potential'' are defined
at section 12.3(b)(13).
Owner's Dam Safety Program (ODSP) Document
Section 12.62 provides that any ODSP Document that includes one or
more dams or project features with a high hazard potential must
designate a Chief Dam Safety Engineer.\3\ Other ODSPs may designate
either a Chief Dam Safety Engineer or Chief Dam Safety Coordinator.\4\
Section 12.62 also requires that the ODSP must be signed by the Owner
and, as applicable, the Chief Dam Safety Engineer or the Chief Dam
Safety Coordinator.
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\3\ Section 12.61(a) provides that a Chief Dam Safety Engineer
is the designated individual, who is a licensed engineer, who
oversees the implementation of the ODSP and has primary
responsibility for ensuring the safety of the licensee's dam(s) and
other project features.
\4\ Section 12.61(b) provides that a Chief Dam Safety
Coordinator is not required to be a licensed engineer but has the
same responsibilities as a Chief Dam Safety Engineer.
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The regulation at 18 CFR 12.63 requires the following additional
contents of an ODSP document:
(a) Dam safety policy, objectives, and expectations;
(b) Responsibilities for dam safety;
(c) Dam safety training program;
(d) Communication, coordination, reporting, and reports;
(e) Record keeping and databases; and
(f) Continuous improvement;
The regulation at 18 CFR 12.64 requires any ODSP to be reviewed by
the licensee's dam safety staff and discussed with senior management on
an annual basis. In addition, section 12.64 requires that any findings,
analysis, corrective measures, or revisions be submitted to the D2SI
Regional Engineer for possible revision. This requirement applies to
any licensee with a dam or other project feature with a high or
significant hazard potential.
ODSP Qualification Statement for External Audit or Peer Review
The regulation at 18 CFR 12.65 applies to licensees of one or more
dams or other project features classified as having a high hazard
potential. Section 12.65(a) requires an independent external audit or
peer review of the ODSP and its implementation. The audit or peer
review is required to be performed at an interval not to exceed five
years.
Before the audit or peer review, 18 CFR 12.65(b) requires the
licensee to submit to the Regional Engineer a statement of
qualifications of the prospective auditor(s) or peer review team. The
licensee must receive written acceptance of the statement of
qualifications before performing the audit or peer review.
ODSP External Audit or Peer Review Report
The regulation at 18 CFR 12.65(c) requires the auditor(s) or peer
review team to document their findings in a report. The report must be
reviewed by:
<bullet> The project's owner,
<bullet> The Chief Dam Safety Engineer or Chief Dam Safety
Coordinator, and
<bullet> Management having responsibility in the area(s) audited or
reviewed.
Subsequently, the report on the audit or peer review must be
submitted to the Regional Engineer.
ODSP Request for Extension of Time
Typically, the Commission's letters to licensees pertaining to
ODSPs and ODSP audits require submittal of a plan and schedule or
report within a set period of time (e.g., provide a plan and schedule
within 30 days from the date of this letter). Although neither the ODSP
regulations nor any of the existing ODSP guidance documents expressly
contemplate extension of time requests, there are times when a licensee
cannot meet that schedule and therefore files a letter with Commission
staff requesting an extension of time to complete ODSP-related tasks.
Estimate of Annual Burden: \5\ The Commission estimates the burden
and cost \6\ for this information collection as follows:
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\5\ 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.
\6\ The Commission staff believes that industry is similarly
situated to the Commission in terms of cost for wages and benefits.
Based on FERC's current annual average cost of $207,786 (for salary
plus benefits) for a full-time equivalent, the average hourly cost
is $100/hour. Therefore, the hourly cost used in the burden
calculation is $100.
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In the tables below, the burden estimates for team proposals and
reports involving PIs and CAs, define a single response as the
consolidated filings during the typical ten-year cycle for Independent
Consultant's Safety Inspections (one PI and one CA each during the ten-
year period). Therefore, the estimated average number of annual
responses for the consolidated filings is averaged over the ten-year
period and represented as 0.1 responses on average per year.
[[Page 314]]
FERC-517--Direct and Indirect Annual Burden and Cost Changes
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C. Avg. number D. Avg. annual
B. Number of annual burden hrs. and E. Total number F. Total annual
A. Type of response of responses per cost per of annual burden hrs. and
respondents respondent response responses cost
........... .............. (col. B x col. (col. D x col.
C) E)
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Applicant's or Licensee's 65 2.14 2 hrs.; $200.... 139.10 278.20 hrs.;
Report of Project-Related $27,820.
Deaths, Serious Injuries, or
Rescues.
Ind. Cons. Team Proposals and 375 0.1 12 hrs.; $1,200. 37.50 450 hrs.;
Reports on PIs and CAs-- $45,000.
Simple Facility \7\.
Ind. Cons. Team Proposals and 375 0.1 32.6 hrs.; 37.50 1,222.50 hrs.;
Reports on PIs and CAs-- $3,260. $122,250.
Complex Facility \8\.
Licensee's Request for 10 1 2 hrs.; $200.... 10 20 hrs.; $2,000.
Exemption.
ODSP Document--Small Program 180 0.2 60 hrs.; $6,000. 36 2,160 hrs.;
\9\. $216,000.
ODSP Document--Large Program 45 0.2 120 hrs.; 9 1,080 hrs.;
\10\. $12,000. $108,000.
ODSP Document Revision....... 225 1 6 hrs.; $600.... 225 1,350 hrs.;
$135,000.
ODSP Qualification Statement 225 0.2 8 hrs.; $800.... 45 360 hrs.;
for External Audit or Peer $36,000.
Review.
ODSP External Audit or Peer 180 0.2 62 hrs.; $6,200. 36 2,232 hrs.;
Review Report--Small Program $223,200.
\11\.
ODSP External Audit or Peer 45 0.2 242 hrs.; 9 2,178 hrs.;
Review Report--Large Program $24,200. $217,800.
\12\.
ODSP Request for Extension of 5 1 4 hrs.; $400.... 5 20 hrs.; $2,000.
Time.
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Total Hours and Costs.... 1,730 .............. ................ 589 11,350.5 hrs.;
$1,135,050.
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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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\7\ Includes direct and contracting burden and cost.
\8\ Includes direct and contracting burden and cost.
\9\ This information collection activity applies to each
licensee with dams or other project features with a high or
significant hazard potential, but with fewer than three such dams or
other project features.
\10\ This information collection activity applies to each
licensee with three or more dams or project features with a high or
significant hazard potential.
\11\ This information collection activity applies to each
licensee with dams or other project features with a high hazard
potential, but with fewer than three such dams or project features.
The burden estimates for this activity include direct and
contracting burdens and costs.
\12\ This information collection activity applies to each
licensee with three or more dams or project features with a high
hazard potential. The burden estimates for this information
collection activity include direct and contracting burdens and
costs.
Dated: December 27, 2024.
Carlos D. Clay,
Acting Deputy Secretary.
[FR Doc. 2024-31565 Filed 1-2-25; 8:45 am]
BILLING CODE 6717-01-P
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