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Federal Register / Vol. 72, No.

80 / Thursday, April 26, 2007 / Rules and Regulations 20723

PART 141—STATEMENTS AND (b) Filing Requirements—(1) Who revision, the term ‘‘Control Area’’ will
REPORTS (SCHEDULES) must file—(i) Generally. Each electric be changed to ‘‘Balancing Authority
utility and each Nonoperating (formerly Area,’’ in line with current industry
■ 3. The authority citation for part 141 designated as Major or Nonmajor) practice. In a separate notice, a forty-five
continues to read as follows: electric utility (as defined in part 101 of day extension, to July 16, 2007, will be
Authority: 15 U.S.C. 79; 16 U.S.C. 791a– subchapter C of this chapter) and other granted this first year under the new
828c, 2601–2645; 31 U.S.C. 9701; 42 U.S.C. entity, i.e., each corporation, person, or system to allow additional time to file.
7101–7352. licensee as defined in section 3 of the
DATES: Effective Date: The Final Rule
Federal Power Act (16 U.S.C. 792 et
■ 4. Revise § 141.1(b)(1)(i) to read as will become effective May 29, 2007.
seq.), including any agency or
follows: instrumentality engaged in generation, FOR FURTHER INFORMATION CONTACT:
§ 141.1 FERC Form No. 1, Annual report of
transmission, distribution, or sale of Lawrence Greenfield (Legal
Major electric utilities, licensees and others. electric energy, however produced, Information), Office of the General
throughout the United States and its Counsel—Energy Markets, Federal
* * * * *
possessions, having sales or Energy Regulatory Commission, 888
(b) Filing requirements—(1) Who must transmission service, whether or not the First Street, NE., Washington, DC 20426,
file—(i) Generally. Each Major and each jurisdiction of the Commission is Telephone: (202) 502–6415, E-mail:
Nonoperating (formerly designated as otherwise involved, must prepare and lawrence.greenfield@ferc.gov.
Major) electric utility (as defined in part file with the Commission FERC Form
101 of Subchapter C of this chapter) and Patricia W. Morris (Technical
No. 3–Q pursuant to the General Information), Division of
other entity, i.e., each corporation, Instructions set out in that form.
person or licensee as defined in section Administration, Budget and Strategic
3 of the Federal Power Act (16 U.S.C. * * * * * Planning, Office of Energy Markets and
792 et seq.), including any agency, (2) Each Major and Nonoperating Reliability, Federal Energy Regulatory
authority, or other legal entity or (formerly designated as Major) (as Commission, 888 First Street, NE.,
instrumentality engaged in generation, defined in part 101 of subchapter C of Washington, DC 20426, Telephone:
transmission, distribution, or sale of this chapter) public utility and licensee (202) 502–8730, E-mail:
electric energy, however produced, must file the quarterly financial report patricia.morris@ferc.gov.
throughout the United States and its form as follows: Craig Hill (Software Information),
possessions, having sales or * * * * * Division of Administration, Budget and
transmission service equal to Major or (3) Nonmajor and Nonoperating Strategic Planning, Office of Energy
Nonoperating (formerly designated as (formerly designated as Nonmajor) Markets and Reliability, Federal Energy
Major) as defined above, whether or not public utilities and licensees must file Regulatory Commission, 888 First
the jurisdiction of the Commission is the quarterly financial report form as Street, NE., Washington, DC 20426,
otherwise involved, shall prepare and follows: Telephone: (202) 502–8621, E-mail:
file electronically with the Commission * * * * * craig.hill@ferc.gov.
the FERC Form No. 1 pursuant to the [FR Doc. E7–7771 Filed 4–25–07; 8:45 am]
SUPPLEMENTARY INFORMATION:
General Instructions set out in that form. BILLING CODE 6717–01–P
* * * * * Before Commissioners: Joseph T.
Kelliher, Chairman; Suedeen G. Kelly;
■ 5. Revise § 141.2(b)(1)(i) to read as
DEPARTMENT OF ENERGY Marc Spitzer; Philip D. Moeller; and
follows: Jon Wellinghoff.
§ 141.2 FERC Form No. 1–F, Annual report Federal Energy Regulatory
1. The Federal Energy Regulatory
for Nonmajor public utilities and licensees. Commission
Commission is amending its regulations
* * * * * to provide for electronic filing of the
18 CFR Parts 141 and 385
(b) Filing Requirements—(1) Who FERC Form No. 714, Annual Electric
Must File—(i) Generally. Each Nonmajor [Docket No. RM07–14–000; Order No. 695] Control and Planning Area Report (Form
and each Nonoperating (formerly 714).1 Paper filings will no longer be
designated as Nonmajor) public utility Electronic Filing of FERC Form No. 714 accepted. No substantive changes are
and licensee as defined by the Federal Issued April 19, 2007. being made to the information reported
Power Act, which is considered AGENCY: Federal Energy Regulatory in the Form 714; however, the
Nonmajor as defined in Part 101 of this Commission, DOE. Commission has made minor formatting
chapter, shall prepare and file with the changes to the form to facilitate the
ACTION: Final rule.
Commission an original and conformed development of form submission
copies of FERC Form No. 1–F pursuant SUMMARY: In this Final Rule, the Federal software. Finally, as an administrative
to the General Instructions set out in Energy Regulatory Commission revision, the term ‘‘Control Area’’ will
that form. (Commission) is amending its be changed to ‘‘Balancing Authority
* * * * * regulations to provide for electronic Area,’’ in line with current industry
filing of the FERC Form No. 714, practice. In a separate notice, a forty-five
■ 6. In § 141.400, revise paragraphs
Annual Electric Control and Planning day extension, to July 16, 2007, will be
(b)(1)(i), (b)(2) introductory text, and
Area Report. Paper filings will no longer granted this first year under the new
(b)(3) introductory text to read as
be accepted. No substantive changes are system to allow additional time to file.
follows:
* * * * * being made to the information reported Background
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in the FERC Form No. 714; however, the


§ 141.400 FERC Form No. 3–Q, Quarterly Commission has made minor formatting 2. Form 714 gathers utility operating
financial report of electric utilities, changes to the form to facilitate the and planning information, primarily on
licensees, and natural gas companies. development of the form submission
* * * * * software. Finally, as an administrative 1 See 18 CFR 141.51.

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20724 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations

a control area basis,2 for the purpose of scheduled interchange with other to the switch from a paper and diskette
evaluating utility operations with regard Balancing Authority Areas, and that is filing to an all-electronic filing.
to mergers and dispositions, responsible for maintaining the 10. Interested persons may obtain
jurisdictional services, jurisdictional frequency in real-time of the electric information on these reporting
rates, energy market oversight, and power system. requirements by contacting the Federal
wholesale market changes in light of 7. No substantive changes are being Energy Regulatory Commission, 888
evolving competitive forces. made to the information reported in First Street, NE., Washington, DC 20426
3. Form 714 is submitted annually by Form 714. However, the Commission [Attn: Michael Miller, Information
approximately 173 utilities who operate will make minor formatting changes to Services Division (202) 502–8415, fax:
balancing authority areas and planning Form 714 to facilitate the development (202) 273–0873]. Comments on the
areas. Currently, Form 714 is submitted of the form submission software. These requirements of this rule can be sent to
in a paper format. minor changes will include updating the Office of Information and Regulatory
certain attachments so that the data is Affairs of OMB [Attn: Desk Officer for
Discussion
reported in a structured format, the Federal Energy Regulatory
4. The Commission’s regulations updating the General Instructions to Commission; phone, (202) 395–4650,
provide for electronic filing, using web- Form 714 to clarify that the respondents fax: (202) 395–7285, e-mail:
enabled software technology, of will no longer file paper copies of Form oira_submission@omb.eop.gov].
numerous reports currently submitted 714, but rather the respondents will be
by entities subject to Commission Environmental Analysis
required to use the Commission’s form
jurisdiction, some of which are: FERC submission software to file the 11. Commission regulations require
Form No. 1, Annual Report of Major information, and lastly allowing only that an Environmental Assessment or an
Electric Utilities, Licensees and Others; utilities subject to the reporting Environmental Impact Statement be
FERC Form No. 516, Electric Quarterly requirements to submit a Form 714 via prepared for any Commission action
Report; FERC Form No. 423, Monthly the software. Ergo, the Commission will that may have a significant adverse
Report of Cost and Quality of Fuels for not register the software to a regional effect on the human environment.7 The
Electric Plants; FERC Form No. 3Q, transmission system organization Commission has categorically excluded
Quarterly Financial Report of Electric operator who is not a Balancing certain actions from this requirement as
Utilities, Licensees, and Natural Gas Authority Area operator or Planning not having a significant effect on the
Companies; and FERC Form No. 60, Area operator. Entities that are neither human environment. No environmental
Annual Report of Centralized Service Balancing Authority Area operators nor consideration is necessary for the
Companies.3 The electronic filing of Planning Area operators, but who are promulgation of a rule concerning
these reports yields significant benefits, authorized by their members to compile information gathering, analysis or
including reduced cost of data entry and Form 714 data on their behalf, are dissemination, or that is merely
retrieval, overall reduction of reporting required to make the data available to procedural.8 Because the electronic
burden, faster and more precise data their Balancing Authority Area filing requirement for Form 714 adopted
validation, more timely analysis and operators or Planning Area operators in in this Final Rule concerns information
publication of data, and increased data order that those area operators may file gathering, and is procedural, no
analysis capability.4 And, in general, the data with the Commission. environmental consideration is
filers and users alike agree that 8. In a separate notice, filers will be necessary.
electronic filing of these reports yields directed to the Commission’s Web site Regulatory Flexibility Act Certification
significant benefits in terms of process where instructions will be provided
simplification and savings of time and concerning how a utility may register as 12. The Regulatory Flexibility Act of
expense.5 a respondent and download the form 1980 (RFA) 9 generally requires either a
5. With respect to Form 714, the submission software for use in filing description and analysis of a rule that
Commission seeks similar benefits. The Form 714. will have a significant economic impact
Commission, therefore, will require on a substantial number of small entities
Information Collection Statement or a certification that the rule will not
utilities to file the Form 714
electronically, using the Commission’s 9. Office of Management and Budget have a significant economic impact on
web-enabled software, beginning with (OMB) regulations require OMB to a substantial number of small entities.
the 2006 reporting year, to be filed this approve certain information collection Most utilities to which this Final Rule
first year by an extended filing date of requirements imposed by an agency.6 applies would not fall within the RFA’s
July 16, 2007. The Final Rule will not change the definition of small entity.10
6. In addition, the term ‘‘Control reporting requirements in Form 714.
7 Regulations Implementing the National
Area’’ will be changed to ‘‘Balancing This rule, therefore, is not subject to
Environmental Policy Act, Order No. 486, 52 FR
Authority Area’’ in the title and OMB review. The Commission is 47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783
throughout the form and instructions in submitting a copy of the Final Rule to (1987) (codified at 18 CFR Part 380).
keeping with this change in industry. By OMB for information purposes only. 8 18 CFR 380.4(a)(2)(ii), (5).

using either term, the Commission is When the collection is next up for OMB 9 5 U.S.C. 601–12.
10 5 U.S.C. 601(3), citing to section 3 of the Small
referring to the area operator that is renewal (2009), the Commission will
Business Act, 15 U.S.C. 632. Section 3 of the Small
responsible for matching generation and report a reduction in burden (1) Due to Business Act defines a ‘‘small business concern’’ as
load, that is responsible for maintaining a reduction in the number of filers from a business that is independently owned and
the previous 250 to the current 173, a operated and that is not dominant in its field of
2 In line with electric industry developments, result of the formation of regional operation. The Small Business Size Standards
component of the North American Industry
‘‘Control Area’’ will changed to ‘‘Balancing transmission organizations (and other Classification System (NAICS) defines a small
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Authority Area.’’
3 See, e.g., 18 CFR 385.2011.
similar entities) encompassing electric utility as one that, including its affiliates,
numerous former Control Areas is primarily engaged in the generation,
4 See, e.g., Electronic Filing of FERC Form No. 1,
transmission, and/or distribution of electric energy
Order No. 574,. 60 FR 1716 (Jan. 5, 1995), FERC (Balancing Authority Areas) and (2) due for sale and whose total electric output for the
Stats. & Regs. ¶31,013 at 31,257 (1995). preceding fiscal year did not exceed four million
5 Id. at 31,256–57. 65 CFR 1320.11. MWh. 13 CFR 121.201.

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Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20725

Consequently, the Commission certifies developed by the Commission for the Area and Planning Area Report, must be
that this Final Rule will not have a collection of other information from the filed with the Federal Energy Regulatory
‘‘significant economic impact on a same utilities that currently file Form Commission as prescribed in § 385.2011
substantial number of small entities.’’ 714, e.g., Forms 1, 3Q and 516. of this chapter and as indicated in the
18. This Final Rule is effective May General Instructions set out in this form.
Document Availability 29, 2007.
13. In addition to publishing the full PART 385—RULES OF PRACTICE AND
Congressional Notification PROCEDURE
text of this document in the Federal
Register, the Commission provides all 19. The provisions of the Small
interested persons an opportunity to Business Regulatory Enforcement ■ 3. The authority citation for part 385
view and/or print the contents of this Fairness Act of 199613 regarding continues to read as follows:
document via the Internet through the Congressional review of Final Rules do Authority: 5 U.S.C. 551–557; 15 U.S.C.
Commission’s Home Page (http:// not apply to this Final Rule, because the 717–717z, 3301–3432; 16 U.S.C.791a–825v,
www.ferc.gov) and in the Commission’s rule concerns agency procedure and 2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701,
Public Reference Room during normal practice and will not substantially affect 9701; 42 U.S.C. 7101–7352, 16441, 16451–
business hours (8:30 a.m. to 5 p.m. the substantive rights of non-agency 16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
parties.14 (1988).
Eastern time) at 888 First Street, NE.,
Room 2A, Washington DC 20426. ■ 4. In § 385.2011, paragraph (a)(10) is
List of subjects added and paragraph (c)(3) is revised to
14. From the Commission’s Home
Page on the Internet, this information is 18 CFR Part 141 read as follows:
available in the Commission’s document Electric power, Reporting and § 385.2011 Procedures for filing on
management system, eLibrary. The full recordkeeping requirements. electronic media (Rule 2011).
text of this document is available on (a) * * *
eLibrary in PDF and Microsoft Word 18 CFR Part 385
(10) FERC Form No. 714, Annual
format for viewing, printing, and/or Administrative practice and Electric Balancing Authority Area and
downloading. To access this document procedure, Electric power, Penalties, Planning Area Report.
in eLibrary, type the docket number Pipelines, Reporting and recordkeeping
excluding the last three digits of this * * * * *
requirements.
document in the docket number field. (c) * * *
By the Commission. (3) With the exception of the FERC
15. User assistance is available for
Philis J. Posey, Form Nos. 1, 2, 2–A, 6, 60, and 714, the
eLibrary and the Commission’s Web site
during normal business hours. For Deputy Secretary. electronic media must be accompanied
assistance, please contact FERC Online ■ In consideration of the foregoing, the by the traditional prescribed number of
Support at 1–866–208–3676 (toll free) or Commission amends parts 141 and 385, paper copies.
202–502–6652 (e-mail at FERCOn- Chapter I, Title 18, Code of Federal * * * * *
lineSupport@ferc.gov) or the Public Regulations, as follows: [FR Doc. E7–7772 Filed 4–25–07; 8:45 am]
Reference Room at 202–502–8371, TTY BILLING CODE 6717–01–P
202–502–8659 (e-mail at PART 141—STATEMENTS AND
public.referenceroom@ferc.gov). REPORTS (SCHEDULES)

Administrative Findings and Effective ■ 1. The authority citation for part 141 DEPARTMENT OF HOMELAND
Date continues to read as follows: SECURITY
Authority: 15 U.S.C. 79; 16 U.S.C. 791a–
16. The Administrative Procedure Act 828c, 2601–2645; 31 U.S.C. 9701; 42 U.S.C. Coast Guard
(APA)11 requires rulemakings to be 7101–7352.
published in the Federal Register. The 33 CFR Part 117
APA also mandates that an opportunity ■ 2. In § 141.51, the section heading,
and paragraphs (a)(1) and (c) are revised [CGD07–06–050]
for comments be provided when an
agency promulgates regulations. to read as follows: RIN 1625–AA09
However, notice and comment are not
§ 141.51 FERC Form No. 714, Annual
required under the APA when the Drawbridge Operation Regulation;
Electric Balancing Authority Area and
agency for good cause finds that notice Planning Area Report.
Venetian Causeway (West)
and public procedure thereon are Drawbridge, Atlantic Intracoastal
(a) Who must file. (1) Any electric
impracticable, unnecessary or contrary Waterway, Mile 1088.6, and Venetian
utility, as defined by section 3(4) of the
to the public interest.12 Causeway (East) Drawbridge, Biscayne
Public Utility Regulatory Policies Act,
17. The Commission finds that notice Bay, Miami, Miami-Dade County, FL;
16 U.S.C. 2602, operating a balancing
and comment are unnecessary for this Correction
authority area, and any group of electric
rulemaking. As explained above, this utilities, which by way of contractual AGENCY: Coast Guard, DHS.
Final Rule is merely procedural in arrangements operates as a single
nature. The Commission is not ACTION: Final rule; correction.
balancing authority area, must complete
substantively revising the information and file the applicable schedules in SUMMARY: On April 16, 2007, the Coast
utilities file in the Form 714. The FERC Form No. 714 with the Federal Guard published in the Federal Register
Commission is merely requiring Energy Regulatory Commission. a final rule that changes the operating
electronic filing of the Form 714 using regulations governing the Venetian
software analogous to software * * * * *
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(c) What to file. FERC Form No. 714, Causeway (West) drawbridge, Atlantic
11 5 Annual Electric Balancing Authority Intracoastal Waterway, mile 1088.6, and
U.S.C. 551–59.
12 5 U.S.C. 553(B); See, e.g., Mid-Tex Electric
Venetian Causeway (East) drawbridge,
Cooperative, Inc. v. FERC, 822 F.2d 1123 (D.C. Cir. 13 5 U.S.C. 801. Biscayne Bay, Miami, Miami-Dade
1987). 14 5 U.S.C. 804(3)(B). County, Florida. Inadvertently, under

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