2019-02713. Commission Information Collection Activities (FERC-915); Comment Request; Extension

February 11, 2019.

AGENCY:

Federal Energy Regulatory Commission.

ACTION:

Notice of proposed information collection and request for comments.

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 approved information collection, FERC-915 (Public Utility Market-Based Rate Authorization Holders—Records Retention Requirements)

DATES:

Comments on the collection of information are due by April 22, 2019.

ADDRESSES:

You may submit comments (identified by Docket No. IC19-7-000) 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 [e-mail], or by phone at: [phone] (toll-free), or [phone] 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 [e-mail], by telephone at [phone], and by fax at [phone].

SUPPLEMENTARY INFORMATION:

Title: FERC-915, Public Utility Market-Based Rate Authorization Holders—Records Retention Requirements.

OMB Control No. 1902-0250.

Type of Request: Three-year extension of the FERC-915 information collection requirements with no changes to the current record retention requirements.

Abstract: In accordance with the Federal Power Act, the Department of Energy Organization Act (DOE Act), and the Energy Policy Act of 2005 (EPAct 2005), the Commission regulates the transmission and wholesale sales of electricity in interstate commerce, monitors and investigates energy markets, uses civil penalties and other means against energy organizations and individuals who violate FERC rules in the energy markets, administers accounting and financial reporting regulations, and oversees conduct of regulated companies.

The Commission imposes the FERC-915 record retention requirements, in 18 CFR 35.41(d), on applicable sellers to retain, for a period of five years, all data and information upon which they bill the prices charged for “electric energy or electric energy products it sold pursuant to Seller's market-based rate tariff, and the prices it reported for use in price indices.”

The record retention period of five years is necessary due to the importance of records related to any investigation of possible wrongdoing and related to assuring compliance with the codes of conduct and the integrity of the market. The requirement is necessary to ensure consistency with the rule prohibiting market manipulation (adopted in Order No. 670) and the generally applicable five-year statute of limitations where the Commission seeks civil penalties for violations of the anti-manipulation rules or other rules, regulations, or orders to which the price data may be relevant.

Type of Respondent: Public Utility Market-Based Rate Authorization Holders.

Estimate of Annual Burden: ^[1] The Commission estimates the annual public reporting burden and cost ^[2] (rounded) for the information collection as follows:

FERC-915, Public Utility Market-Based Rate Authorization Holders—Records Retention Requirements

FERC requirement	Number of respondents	Annual number of responses per respondent	Total number of responses	Average burden & cost per response	Total annual burden hours & cost	Annual cost per respondent ($)
	(1)	(2)	(1) * (2) = (3)	(4)	(3) * (4) = (5)	(5) ÷ (1)
FERC-915	2,510	1	2,510	1 hr.; $33.00	2,510 hrs.; $82,830	$33.00
Total			2,510		2,510 hrs.; $82,830

In addition, there are records storage costs. For all respondents, we estimate a total of 65,000 cu. ft. of records in off-site storage. Based on an approximate storage cost of $0.24 per cubic foot, we estimate total storage cost to be $15,600.00 (or $6.22 annually per respondent. The total annual cost for all respondents (burden cost plus off-site storage) is $98,430.00 (or $82,830 + $15,600); the average total annual cost per respondent is $39.22 ($6.22 + $33.00).

Dated: February 11, 2019.

Kimberly D. Bose,

Secretary.

Footnotes

1.  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 1320.3.

2.  The estimated hourly cost (for wages plus benefits) provided in this section are based on the figures posted by the Bureau of Labor Statistics (BLS) for the Utilities section available (at https://www.bls.gov/​oes/​current/​naics2_​22.htm) and benefits information (for December 2017, issued March 20, 2018, at https://www.bls.gov/​news.release/​ecec.nr0.htm). The hourly estimates for salary plus benefits are:

File Clerk (Occupation code: 43-4071), $33.39 an hour. We are rounding the hourly cost to $33.00.