[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)] [Rules and Regulations] [Pages 57924-57926] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-28559] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 11 [Docket No. RM96-2-000; Order No. 584] Correction of Annual Charges Formula Issued November 14, 1995. AGENCY: Federal Energy Regulatory Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) is amending its regulations governing the assessment of annual charges for the administration of Part I of the Federal Power Act (FPA). The amendment restores the status quo ante in the formulae for allocating annual charges among licensees, by correcting an error in a previous final rule. EFFECTIVE DATE: December 26, 1995. FOR FURTHER INFORMATION CONTACT: Barry Smoler, Officer of the General Counsel, Federal Energy Regulatory Commission, 825 N. Capitol Street, NE., Washington, DC 20426, (202) 208-1269. SUPPLEMENTARY INFORMATION: In addition to publishing the full text of this document in the Federal Register, the Commission also provides all interested persons an opportunity to inspect or copy the contents of this document during normal business hours in Room 2A, 888 First Street, NE., Washington, DC 20426. The Commission Issuance Posting System (CIPS), an electronic bulletin board service, provides access to the texts of formal documents issued by the Commission. CIPS is available at no charge to the user and may be accessed using a personal computer with a modem by dialing (800) 856-3920. To access CIPS, set your communications software to 19200, 14400, 12000, 9600, 7200, 4800, 2400 or 1200bps, full duplex, no parity, 8 data bits, and 1 stop bit. The full text of this document will be available on CIPS in ASCII and WordPerfect 5.1 format. The complete text on diskette in Wordperfect format may also be purchased from the Commission's copy contractor, La Dorn Systems Corporation, located in Room 2A, 888 First St. NE., Washington, DC 20426. I. Introduction and Background The Federal Energy Regulatory Commission (Commission) is amending its regulations governing the assessment of annual charges for the administration of Part I of the Federal Power Act (FPA).\1\ The amendment restores the status quo ante in the formulae for allocating annual charges among licenses, by correcting an error in a previous final rule. \1\ 16 U.S.C. 792-823b. --------------------------------------------------------------------------- On March 15, 1995, the Commission issued Order No. 576, a final rule \2\ that amended Part 11 of the Commission's regulations. \3\ One provision of Order No. 576 amended Sec. 11.1 of the regulations \4\ by substituting (in several subsections) kilowatts for horsepower in stating a project's authorized installed capacity. The Commission explained that the change ``was designed to reflect modern usage in the rating of equipment used in hydropower projects.'' \5\ \2\ III FERC Stats. & Regs. (Regulations Preambles) para. 31,016. Order No. 576 was published in the Federal Register on March 22, 1995, 60 FR 15040. \3\ 18 CFR Part 11. \4\ 18 CFR 11.1. \5\ III FERC Stats. & Regs. (Regulations Preambles) para. 31,016 at p. 31,303. --------------------------------------------------------------------------- Order No. 576 added a new Sec. 11.1(i) that defined ``authorized installed capacity'' in terms of kilowatts (kW) and related electrical concepts and terminology. The definition included a conversion factor (multiply by 0.75 kW/hp) for converting the capacity of a turbine stated in horsepower (hp). The formulae for allocating annual charges among non-municipal licensees were set forth in the section of the regulations that Order No. 576 renumbered as Sec. 11.1(c)(3). Order No. 576 deleted all references in that subsection to ``horsepower,'' replacing them with references to ``authorized installed capacity.'' As explained above, ``authorized installed capacity'' was now defined in terms of kilowatts, not horsepower. In making this change, however, the Commission inadvertently neglected to include the horsepower to kilowatt conversion adjustment in that part of the renumbered Secs. 11.1(c)(3) (i) and (iii) that referred to generation. The effect of that inadvertent omission was to seriously distort the balance of capacity and generation in determining the allocation of certain annual charges. \6\ No such distortion was [[Page 57925]] intended. Indeed, in another part of Order No. 576 the Commission explicitly stated that although it had invited comment on the choice of capacity or generation (or both) in the allocation formulae, it had decided not to make any such changes. \7\ \6\ There is no problem in the formula in Sec. 11.1(c)(3)(ii), because that formula is based entirely on capacity. For the same reason, there is no problem in the assessment formula for municipal licensees (see paragraph (d) of that subsection), which is also based solely on capacity. The distortion occurs only when the formula includes a ratio between factors for generation and capacity. \7\ III FERC Stats. & Regs. (Regulations Preambles) para. 31,016 at pp. 31,307-08. --------------------------------------------------------------------------- Inasmuch as the distortion in the ratio between generation and capacity is the inadvertent and unintended result of leaving out the horsepower to kilowatt conversion adjustment when substituting kilowatts for horsepower as the measure of capacity in Secs. 11.1(c)(3)(i) and (iii), we will correct that omission in this final rule by adding that conversion adjustment to those subsections. That will restore the status quo ante, as we intended all along. The conversion factor will be incorporated into the formulae in Secs. 11.1(c)(3)(i) and (iii) by substituting ``112.5'' for ``150,'' as the generation multiplier, in each instance, and by substituting ``75'' for ``100'' in subsection (iii). Finally, we will correct an inadvertent omission of a cross- reference in the definition of ``authorized installed capacity'' in Sec. 11.1(i). At present, that section cross-references only to paragraph (c) of Sec. 11.1. We will add a cross-reference to paragraph (d) as well, as was our original intent. II. Regulatory Flexibility Certification The Regulatory Flexibility Act of 1980 (RFA) \8\ generally requires a description and analysis of proposed regulations that will have a significant economic impact on a substantial number of small entities. \9\ Pursuant to section 605(b) of the RFA, the Commission hereby certifies that the final rule adopted herein will not have a significant economic impact on a substantial number of small entities. \8\ 5 U.S.C. 601-612. \9\ Section 601(c) of the RPA defines a ``small entity'' as a small business, a small not-for-profit enterprise, or a small governmental jurisdiction. A ``small business'' is defined by reference to section 3 of the Small Business Act as an enterprise which is ``independently owned and operated and which is not dominant in its field of operation.'' 15 U.S.C. 632(a). --------------------------------------------------------------------------- III. Environmental Statement Issuance of this final rule does not constitute a major federal action having a significant adverse impact on the quality of the human environment under the Commission's regulations implementing the National Environmental Policy Act.\10\ The final rule adopted herein is procedural in nature and therefore falls within the categorical exemptions provided in the Commission's regulations. Consequently, neither an environmental impact statement nor an environmental assessment is required.\11\ \10\ See Order No. 486, 52 FR 47897 (Dec. 17, 1967), FERC Stats. & Regs. (Regulations Preambles 1986-1990) para. 30,783 (Dec. 10, 1987) (codified at 18 CFR Part 380). \11\ See 18 CFR 380.4(a)(1). --------------------------------------------------------------------------- IV. Information Collection Statement The Office of Management and Budget's (OMB) regulations at 5 CFR Part 1320 require that OMB approve certain information and recordkeeping requirements imposed by an agency. The final rule adopted herein does not modify any collections of information. Interested persons may obtain information on these reporting requirements by contacting the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 [Attention: Michael Miller, Information Services Division (202) 208-1415]. Comments on the requirements of this rule can be sent to the Office of Information and Regulatory Affairs of OMB [Attention: Desk Officer for Federal Energy Regulatory Commission]. V. Effective Date The Administrative Procedure Act (APA) \12\ requires that a notice of proposed rulemaking be published in the Federal Register and that an opportunity for comment be provided when an agency promulgates regulations. The APA sets forth exemptions to the notice and comment requirements if the rule is, inter alia, a rule of agency organization, procedure, or practice, or if the Commission for good cause finds that notice and comment procedures thereon are impracticable, unnecessary, or contrary to the public interest. \12\ 5 U.S.C. 552(a). --------------------------------------------------------------------------- For the reasons discussed above, this final rule corrects an error of omission in the final rule adopted in Order No. 576. Therefore, for good cause the Commission finds that notice and comment procedures are unnecessary. This final rule is effective December 26, 1995, and is retroactive to the assessment of the annual charges for fiscal year 1995. This will ensure that no licensee will pay for fiscal year 1995 an assessment of annual charges greater than it would have paid had the formulae been correctly stated in Order No. 576. List of Subjects in 18 CFR Part 11 Electric power, Reporting and recordkeeping requirements. By the Commission. Linwood A. Watson, Jr., Acting Secretary. In consideration of the foregoing, the Commission amends Part 11 of Chapter I, Title 18, Code of Federal Regulations, as set forth below. PART 11--ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER ACT 1. The authority citation for Part 11 continues to read as follows: Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352. 2. In section 11.1, paragraphs (c)(3) (i) and (iii) and paragraph (i) are revised to read as follows: Sec. 11.1 Costs of administration. * * * * * (c) * * * (3) The annual charge factor for each such project shall be found as follows: (i) For a conventional project the factor is its authorized installed capacity plus 112.5 times its annual energy output in millions of kilowatt-hours. * * * * * (iii) For a mixed conventional-pumped storage project the factor is its authorized installed capacity plus 112.5 times its gross annual energy output in millions of kilowatt-hours less 75 times the annual energy used for pumped storage pumping in million of kilowatt-hours. * * * * * (i) Definition. As used in paragraphs (c) and (d) of this section, authorized installed capacity means the lesser of the ratings of the generator or turbine units. The rating of a generator is the product of the continuous-load capacity rating of the generator in kilovolt- amperes (kVA) and the system power factor in kW/kVA. If the licensee or exemptee does not know its power factor, a factor of 1.0 kW/kVA will be used. The rating of a turbine is the product of the turbine's capacity in horsepower (hp) at best gate (maximum efficiency point) opening under the manufacturer's rated head times a conversion factor of 0.75 kW/hp. If the generator or turbine installed has a rating different from that authorized in the license or exemption, or the installed generator is rewound or otherwise modified to change its rating, or the turbine is modified to change its rating, the licensee or exemptee must apply to the Commission to amend its [[Page 57926]] authorized installed capacity to reflect the change. * * * * * [FR Doc. 95-28559 Filed 11-22-95; 8:45 am] BILLING CODE 6717-01-P