[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72537-72540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33592]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 141
[Docket No. RM00-3-000; Order No. 611]
Updates to Instructions for FERC Form No. 1 Filings
Issued December 21, 1999.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
updating and correcting its regulations for filings by major electric
utilities, licensees, and others. More specifically, this Final Rule
updates and corrects the Commission's FERC Form No. 1 filing
instructions to: Provide for submission of data over the Internet
rather than by diskette; revise certain routing symbols, office
numbers, and a title; add a sentence to note that penalty for failure
to file only applies if there is a valid control number; and correct
typographical errors.
EFFECTIVE DATE: This final rule is effective on January 1, 2000.
FOR FURTHER INFORMATION CONTACT:
Hadas Z. Kozlowski (Legal Information), Office of General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE, Washington,
DC 20426, Telephone: (202) 208-1029
Brian A. Holmes (Technical Information), Office of Finance, Accounting,
and Operations, Federal Energy Regulatory Commission, 888 First Street,
NE, Washington, DC 20426, Telephone: (202) 219-2618
SUPPLEMENTARY INFORMATION: In addition to publishing the full text of
this document in the Federal Register, the Commission provides all
interested persons an opportunity to view and/or print the contents of
this document via the Internet through FERC's Home Page (http://
www.ferc.fed.us) and in FERC's Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First
Street, N.E., Room 2A, Washington, DC 20426.
From FERC's Home Page on the Internet, this information is
available in both the Commission Issuance Posting
[[Page 72538]]
System (CIPS) and the Records and Information Management System (RIMS).
--CIPS provides access to the texts of formal documents issued by
the Commission since November 14, 1994.
--CIPS can be accessed using the CIPS link or the Energy
Information Online icon. The full text of this document will be
available on CIPS in ASCII and WordPerfect 8.0 format for viewing,
printing, and/or downloading.
--RIMS contains images of documents submitted to and issued by the
Commission after November 16, 1981. Documents from November 1995 to the
present can be viewed and printed from FERC's Home Page using the RIMS
link or the Energy Information Online icon. Descriptions of documents
back to November 16, 1981, are also available from RIMS-on-the-Web;
requests for copies of these and other older documents should be
submitted to the Public Reference Room.
User assistance is available for RIMS, CIPS, and the Website during
normal business hours from our Help line at (202) 208-2222 (E-Mail to
WebMaster@ferc.fed.us) or the Public Reference at (202) 208-1371 (E-
Mail to public.referenceroom@ferc.fed.us).
During normal business hours, documents can also be viewed and/or
printed in FERC's Public Reference Room, where RIMS, CIPS, and the FERC
Website are available. User assistance is also available.
Before Commissioners: James J. Hoecker, Chairman; Vicky A.
Bailey, William L. Massey, Linda Breathitt, and Curt Hebert, Jr.
I. Introduction
The Federal Energy Regulatory Commission is updating and correcting
the filing instructions for FERC Form No. 1: Annual Report of Major
Electric Utilities, Licensees, and Others (Form No. 1), which is
prescribed by Part 141 of the Commission's regulations,1 to
make them consistent with current practice. The Final Rule provides for
submitting data electronically over the Internet rather than by
diskette, revises certain routing symbols, office numbers, and a title,
adds a new sentence noting that penalty for failure to file only
applies if there is a valid control number, and corrects various
typographical errors.
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\1\ 18 CFR Part 141.
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II. Background
The Commission, in the exercise of its authority under the Federal
Power Act, collects data pertaining to the electric utility industry in
the United States.2 One of the principal forms used for
collection of this information is Form No. 1, which is submitted
annually by some 209 electric utilities and licensees. Form No. 1
consists of cover pages, four pages of general information and
instructions, and 117 pages of schedules incorporating financial and
operational information pertaining to the respondent companies. Form
No. 1 also requires that certain financial information be certified by
an independent certified public accountant 3 as conforming
to the Commission's Uniform System of Accounts.4
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\2\ 16 U.S.C. 825, 825c.
\3\ 18 CFR 41.11.
\4\ 18 CFR Part 101.
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Prior to last year, the Commission's Form No. 1 software provided
for submitting data files on diskette. Last year, however, the
Commission developed a Windows 95 version of the Form No. 1 software,
which was used by respondents to submit data files over the Internet.
Upgraded software, a Windows 95/98/NT version which replaces the DOS
version previously used, is now available; the submission format was
changed to facilitate data entry and data base loading, improve data
integrity, and to provide Y2K compliance.
This Final Rule conforms the instructions to Form No. 1 at pages i,
ii, and iii to reflect editorial changes and existing practice.
III. Discussion
As currently written, the instructions sections of the Form No. 1
provide for the filing of data by diskette. Because the Commission's
Form No. 1 software now provides for the electronic submission of data
over the Internet, Instruction III, What and Where to Submit, on Page i
will be revised to state that entities shall ``Submit this form
electronically through the Form 1 Submission Software'' instead of the
phrase ``on electronic media consisting of two (2) duplicate data
diskettes.'' Similarly, the words ``contained on the electronic media''
will be revised to read ``the electronic filing,'' the words
``electronic media filing'' will be revised to read ``electronic
filing,'' and the words ``on the electronic media'' will be revised to
read ``electronic filing.'' In addition, the Office of the Secretary's
room number will be revised to read ``Room 1A'' and the Chief
Accountant's room number will be deleted.
On Page ii, the words ``(c) Continued Reference'' will be revised
to read ``(c) Continued,'' the words ``Use the following form'' will be
revised to read ``Use the following format.'' In addition, the Public
Reference and Files Maintenance Branch room and route symbol will be
revised to read ``Room 2A, CI-1.''
The Final Rule also corrects, on Page ii, Instruction V, Where to
Send Comments on Public Reporting Burden. The routing symbol for Mr.
Michael Miller will now read ``CI-1,'' and his correct title is
``Clearance Officer'' not ``Desk Officer.''
In addition, the public is protected against a collection of
information that does not meet the requirements of the Paperwork
Reduction Act (P.L. 104-13) (1995). Specifically, if a collection of
information does not display a currently valid Office of Management and
Budget (OMB) control number, fails to inform the respondent that a
response is not required unless the collection of information displays
a valid OMB control number, or has been disapproved by the OMB, then
the public is not obligated to respond. Accordingly, the Final Rule
adds, after the words ``Clearance Officer for the Federal Energy
Regulatory Commission'' the words ``No person shall be subject to any
penalty if this collection of information does not display a valid
control number. (44 U.S.C. 3512(a). 5 CFR 1320.6a.)''
Finally, Instruction VII, of Page iii, provides guidance on what
and where to make Form No. 1 resubmissions, and the Final Rule provides
that this also be done electronically, by revising it to provide:
For any resubmissions, submit the electronic filing using the Form 1
Submission Software and an original and six (6) conformed paper
copies of the entire Form, as well as the appropriate number of
copies of the subscription statement indicated at instruction
III(a). Resubmissions must be numbered sequentially on the cover
page of the paper copies of the Form. In addition, the cover page of
each paper copy must indicate that the filing is a resubmission.
Send the resubmissions to the address indicated at instruction
III(a).
IV. Information Collection Statement
The OMB regulations require OMB to approve certain reporting and
recordkeeping (collections of information) imposed by agency
rule.5 The information collection requirements in this Final
Rule are contained in Form No. 1, ``Annual Report of Major electric
utilities, licensees, and others'' (OMB Control No. 1902-0021). Because
this Final Rule does not involve new information requirements, will
have a minimal effect on current information collections, and codifies
existing practice, there is no need to obtain OMB approval. However,
the Commission is
[[Page 72539]]
sending a copy to OMB for informational purposes only.
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\5\ 5 CFR 1320.12.
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Title: FERC Form No. 1 Annual Report of Major Electric Utilities,
Licensees, and Others.
Action: Proposed Data Collection
OMB Control No. 1902-0021
Respondents subject to the filing requirements of this Final Rule
will not be penalized for failing to respond to this collection of
information, unless the collection of information displays a valid OMB
control number.
Respondents: Major electric utilities, licensees, and certain
defined others.
Frequency of Responses: Annually.
Reporting Burden: While the reporting burden for Form No. 1 is
254,353 hours for all respondents, this Final Rule merely conforms the
filing instructions to existing practice.
Necessity of Information: The Final Rule revises the filing
instructions for Form No. 1, which is required by 18 CFR Part 141, and
which is necessary for fulfilling the requirements of the Federal Power
Act, including that the Commission may collect data pertaining to the
electric utility industry in the United States.
Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
888 First Street, N.E., Washington, DC 20426 (Attention: Michael
Miller, Office of the Chief Information Officer, (202) 208-1415), or
send comments to the Office of Management and Budget, Room 10202 NEOB,
Washington, DC 20503 (Attention: Desk Officer for the Federal Energy
Regulatory Commission, (202) 395-3087, fax: (202) 395-7285).
V. National Environmental Policy Act Analysis
The Commission concludes that promulgating this Final Rule does not
represent a major Federal action having a significant adverse effect on
the human environment under the Commission's regulations implementing
the National Environmental Policy Act.6 This Final Rule is
procedural in nature and does not substantially change the effect of
the regulation being amended. In addition, the Final Rule involves
information gathering, analysis, and dissemination. Therefore, this
Final Rule falls within the categorical exemptions provided in the
Commission's regulations.7 Consequently, neither an
environmental impact statement nor an environmental assessment is
required.
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\6\ 42 U.S.C. 4332.
\7\ 18 CFR 380.4(a)(2)(ii), (a)(5).
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VI. Regulatory Flexibility Act Certification
The Regulatory Flexibility Act (RFA) 8 generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
Most respondents do not fall within the definition of ``small entity,''
as defined by the RFA.9 Therefore, the Commission certifies
that promulgating this Final Rule does not represent a major Federal
action having a significant economic impact on a substantial number of
small entities.
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\8\ 5 U.S.C. 601-612.
\9\ See 5 U.S.C. 601(3).
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VII. Administrative Findings and Effective Date
Because this rule does not itself alter the substantive rights or
interests of any interested persons, but rather is merely procedural
and ministerial in nature, the Commission finds that prior notice and
comment are unnecessary under the Administrative Procedure
Act.10
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\10\ 5 U.S.C. 553(b)(B).
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Because this rule does not alter the substantive rights or
interests of any interested persons but rather modifies the submission
process and otherwise corrects and updates errors, the Commission finds
good cause to allow this rule to become effective upon less than 30
days' notice.11 This Final Rule therefore will be made
effective January 1, 2000.12
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\11\ 5 U.S.C. 553(d)(3).
\12\ The Form No. 1 filings are not due to be submitted until on
or before April 30. 2000.
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VIII. Congressional Notification
The Small Business Regulatory Enforcement Fairness Act of 1996
requires agencies to report to Congress on the promulgation of certain
final rules prior to their effective dates.13 That reporting
requirement does not apply to this Final Rule, however. The Commission
finds that this Final Rule does not substantially affect the rights or
obligations of non-agency parties, and therefore falls within a
statutory exception for rules relating to agency procedures or
practices that do not substantially affect the rights or obligations of
non-agency parties.14
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\13\ 5 U.S.C. 801.
\14\ 5 U.S.C. 804(3)(C).
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List of Subjects in 18 CFR Part 141
Electric power, reporting and recordkeeping requirements.
By the Commission.
David P. Boergers,
Secretary.
Instructions for Filing the FERC Form No. 1
GENERAL INFORMATION
I. Purpose
This form is a regulatory support requirement (18 CFR 141.1). It
is designed to collect financial and operational information from
major electric utilities, Licensees and others subject to the
jurisdiction of the Federal Energy Regulatory Commission. This
report is also secondarily considered to be a nonconfidential public
use form supporting a statistical publication (Financial Statistics
of Selected Electric Utilities), published by the Energy Information
Administration.
II. Who Must Submit
Each major electric utility, licensee, or other, as classified
in the Commission's Uniform System of Accounts Prescribed for Public
Utilities and Licensees Subject To the Provisions of The Federal
Power Act (18 CFR 101), must submit this form.
Note: Major means having, in each of the three previous calendar
years, sales or transmission service that exceeds one of the
following:
(1) one million megawatt hours of total annual sales,
(2) 100 megawatt hours of annual sales for resale,
(3) 500 megawatt hours of annual power exchanges delivered, or
(4) 500 megawatt hours of annual wheeling for others (deliveries
plus Losses).
III. What and Where to Submit
(a) Submit this form electronically through the Form 1
Submission Software and an original and six (6) conformed paper
copies, properly filed in and attested, to: Office of the Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE., Room
1A, Washington, DC 20426.
Retain one copy of this report for your files.
Include with the original and each conformed paper copy of this
form the subscription statement required by 18 CFR 385.2011(c)(5).
Paragraph (c)(5) of 18 CFR 385.2011 requires each respondent
submitting data electronically to file a subscription stating that
the paper copies contain the same information as the electronic
filing, that the signer knows the contents of the paper copies and
electronic filing, and that the contents as stated in the copies and
electronic filing are true to the best knowledge and belief of the
signer.
(b) Submit, immediately upon publication, four (4) copies of the
Latest annual report to stockholders and any annual financial or
statistical report regularly prepared and distributed to
bondholders, security analysts, or industry associations. (Do not
include monthly and quarterly reports. Indicate by checking the
appropriate box on Page 4, List of Schedules, if the reports to
stockholders will be submitted or if no annual report to
stockholders is prepared.) Mail these reports to: Chief Accountant,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
[[Page 72540]]
(c) For the CPA certification, submit with the original
submission, or within 30 days after the filing date for this form, a
Letter or report (not applicable to respondents classified as Class
C or Class D prior to January 1, 1984):
(i) Attesting to the conformity, in all material aspects, of the
below listed (schedules and) pages with the Commission's applicable
Uniform Systems of Accounts (including applicable notes relating
thereto and the Chief Accountant's published accounting releases),
and
(ii) Signed by independent certified public accountants or an
independent Licensed public accountant certified or Licensed by a
regulatory authority of a State or other political subdivision of
the U.S. (See 18 CFR 41.10-41.12 for specific qualifications.)
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Reference
Schedules pages
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Comparative Balance Sheet.................................... 110-113
Statement of Income.......................................... 114-117
Statement of Retained Earnings............................... 118-119
Statement of Cash Flows...................................... 120-121
Notes to Financial Statements................................ 122-123
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When accompanying this form, insert the Letter or report immediately
following the cover sheet. When submitting after the filing date for
this form, send the letter or report to the office of the Secretary
at the address indicated at III (a).
Use the following format for the Letter or report unless unusual
circumstances or conditions, explained in the Letter or report,
demand that it be varied. Insert parenthetical phrases only when
exceptions are reported.
In connection with our regular examination of the financial
statements of for the year ended on which we have reported
separately under date of We have also reviewed schedules
of FERC Form No. 1 for the year filed with the Federal Energy
Regulatory Commission, for conformity in all material respects with
the requirements of the Federal Energy Regulatory Commission as set
forth in its applicable Uniform System of Accounts and published
accounting releases. Our review for this purpose included such tests
of the accounting records and such other auditing procedures as we
considered necessary in the circumstances.
Based on our review, in our opinion the accompanying schedules
identified in the preceding paragraph (except as noted below)
conform in all material respects with the accounting requirements of
the Federal Energy Regulatory Commission as set forth in its
applicable Uniform System of Accounts and published accounting
releases.
State in the letter or report, which, if any, of the pages above
do not conform to the Commission's requirements. Describe the
discrepancies that exist.
(d) Federal, State and Local Governments and other authorized
users may obtain additional blank copies to meet their requirements
free of charge from: Public Reference and Files Maintenance Branch,
Federal Energy Regulatory Commission, 888 First Street, NE. Room 2A
ES-1 Washington, DC 20426, (202) 208-2474.
IV. When To Submit
Submit this report form on or before April 30th of the year
following the year covered by this report.
V. Where to Send Comments on Public Reporting Burden.
The public reporting burden for this collection of information
is estimated to average 1,217 hours per response, including the time
for reviewing instructions, searching existing data sources,
gathering and maintaining the data-needed, and completing and
reviewing the collection of information. Send comments regarding
this burden estimate or any aspect of this collection of
information, including suggestions for reducing this burden, to the
Federal Energy Regulatory Commission, 888 First Street N.E.,
Washington, DC 20426 (Attention: Mr. Michael Miller, CI-1); and to
the Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, DC 20503 (Attention: Desk Officer
for the Federal Energy Regulatory Commission). No person shall be
subject to any penalty if this collection of information does not
display a valid control number. (44 U.S.C. 3512(a).)
I. Prepare this report in conformity with the Uniform System of
Accounts (18 CFR 101) (U.S. of A.). Interpret all accounting words
and phrases in accordance with the U. S. of A.
II. Enter in whole numbers (dollars or MWH) only, except where
otherwise noted. (Enter cents for averages and figures per unit
where cents are important. The truncating of cents is allowed except
on the four basic financial statements where rounding is required.)
The amounts shown on all supporting pages must agree with the
amounts entered on the statements that they support. When applying
thresholds to determine significance for reporting purposes, use for
balance sheet accounts the balances at the end of the current
reporting year, and use for statement of income accounts the current
year's amounts.
III. Complete each question fully and accurately, even if it has
been answered in a previous annual report. Enter the word ``None''
where it truly and completely states the fact.
IV. For any page(s) that is not applicable to the respondent,
omit the page(s) and enter ``NA,'' ``NONE,'' or ``Not Applicable''
in column (d) on the List of Schedules, pages 2, 3, and 4.
V. Enter the month, day, and year for all dates. Use customary
abbreviations. The ``Date of Report'' included in the header of each
page is to be completed only for resubmissions (see VII. below). The
date of the resubmission must be reported in the header for all form
pages, whether or not they are changed from the previous filing.
VI. Generally, except for certain schedules, all numbers,
whether they are expected to be debits or credits, must be reported
as positive. Numbers having a sign that is different from the
expected sign must be reported by enclosing the numbers in
parentheses.
VII. For any resubmissions, submit the electronic filing using
the Form 1 Submission Software and an original and six (6) conformed
paper copies of the entire form, as well as the appropriate number
of copies of the subscription statement indicated at instruction III
(a). Resubmissions must be numbered sequentially on the cover page
of the paper copies of the form. In addition, the cover page of each
paper copy must indicate that the filing is a resubmission. Send the
resubmissions to the address indicated at instruction III (a).
VIII. Do not make references to reports of previous years or to
other reports in lieu of required entries, except as specifically
authorized.
IX. Wherever (schedule) pages refer to figures from a previous
year, the figures reported must be based upon those shown by the
annual report of the previous year, or an appropriate explanation
given as to why the different figures were used.
Definitions
I. Commission Authorization (Comm. Auth.)--The authorization of
the Federal Energy Regulatory Commission, or any other Commission.
Name the commission whose authorization was obtained and give date
of the authorization.
II. Respondent--The person, corporation, licensee, agency,
authority, or other Legal entity or instrumentality in whose behalf
the report is made.
[FR Doc. 99-33592 Filed 12-27-99; 8:45 am]
BILLING CODE 6717-01-P
