Billing Code 6717-01-P
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC24-13-000]
Commission Information Collection Activities (FERC-716) Comment Request;
Extension
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of information collection and request for comments.
SUMMARY: In compliance with the requirements of the Paperwork Reduction Act of
1995 (PRA), the Federal Energy Regulatory Commission (Commission or FERC) is
soliciting public comment on the currently approved information collection, FERC-716,
Good Faith Requests for Transmission Services under Section 213(a) of the Federal
Power Act (FPA) and Applications for Interconnection or Transmission Orders under
Sections 211(a) and 212 of the FPA (OMB Control Number 1902-0170). The
information collection will be submitted to the Office of Management and Budget (OMB)
for review.
DATES: Comments on the collection of information are due [INSERT DATE 30
DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Send written comments on FERC-716 to OMB through
www.reginfo.gov/public/do/PRAMain. Attention: Federal Energy Regulatory
Commission Desk Officer. Please identify the OMB Control Number (1902-0170) in the
subject line of your comments. Comments should be sent within 30 days of publication
of this notice to www.reginfo.gov/public/do/PRAMain.

Please submit copies of your comments to the Commission. You may submit copies of
your comments (identified by Docket No. IC24-13-000) by one of the following
methods:
Electronic filing through https://www.ferc.gov, is preferred.
•

Electronic Filing: Documents must be filed in acceptable native applications and

print-to-PDF, but not in scanned or picture format.
•

For those unable to file electronically, comments may be filed by USPS mail or by

hand (including courier) delivery.
o Mail via U.S. Postal Service Only: Addressed to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street, N.E., Washington, DC 20426.
o Hand (including courier) delivery: Deliver to: Federal Energy Regulatory Commission,
Secretary of the Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
Instructions: OMB submissions must be formatted and filed in accordance with
submission guidelines at www.reginfo.gov/public/do/PRAMain. Using the search
function under the “Currently Under Review” field, select Federal Energy Regulatory
Commission; click “submit,” and select “comment” to the right of the subject collection.
FERC submissions must be formatted and filed in accordance with submission guidelines
at: https://www.ferc.gov. For user assistance, contact FERC Online Support by e-mail at
ferconlinesupport@ferc.gov, 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
https://www.ferc.gov/ferc-online/overview.
FOR FURTHER INFORMATION CONTACT: Jean Sonneman may be reached by
e-mail at DataClearance@FERC.gov, telephone at (202) 502-6362.

SUPPLEMENTARY INFORMATION:
Title: FERC–716, Good Faith Requests for Transmission Services under Section 213(a)
of the Federal Power Act (FPA) and Applications for Interconnection or Transmission
Orders under Sections 211(a) and 212 of the FPA.
OMB Control No.: 1902-0170.
Type of Request: Three-year extension of the FERC-716 information collection
requirements with revisions.
Abstract: FERC-716 pertains to transmission of electricity generated and sold at the
wholesale level, i.e., sold to a utility or other entity reselling that energy to residential,
business, or industrial customers. The term of art for such a transaction is “sale for resale.”
The FPA and the relevant Commission regulations provide for two procedures that a
generator of electricity may use to seek transmission services from an entity that does not
own or directly use the power it is transmitting. One procedure involves the exchange of
information between generators and transmitting utilities, and does not require submission
of information to the Commission. The other procedure, which is applicable only if the
exchange of information is unsuccessful, involves an application for a Commission
interconnection or transmission order.
Section 213(a) of the FPA (16 U.S.C. 16 U.S.C. 824l) provides that whenever a person
generating wholesale electric energy makes a good faith request to a transmitting utility
to provide wholesale transmission services, and includes in that request specific rates and
charges and other terms and conditions, the transmitting utility must either:
•

Agree to provide such services at rates, charges, terms and conditions acceptable

to the generator-requester; or

•

Within 60 days or other mutually agreed upon period, provide the generator-

requester with a detailed written explanation, with specific reference to the facts and
circumstances of the request, stating (1) the transmitting utility’s basis for the proposed
rates, charges, terms, and conditions for such services, and (2) its analysis of any physical
or other constraints affecting the provision of such services.
Section 211(a) of the FPA (16 U.S.C. 824j(a)) provides that any person generating
wholesale electric energy may apply to the Commission for an order requiring a
transmitting utility to provide wholesale transmission services to the applicant. The
Commission’s regulation at 18 CFR 2.20 provides that the Commission may issue an
FPA section 211 order only if the applicant has made a request for transmission services
to the transmitting utility at least 60 days prior to the filing of an application for such
order.
A Commission order requiring interconnection or transmission services must include a
determination that the order meets the requirements of FPA section 212 (16 U.S.C. 824k)
and would otherwise be in the public interest.
Program changes are necessary to increase the accuracy of this information collection
request. As previously approved, FERC-716 included a single collection activity for
good-faith requests, thus erroneously omitting the possibility of an application for a
Commission order. Both collection activities are included in this request.
Type of Respondents: Wholesale Generators and Transmitting Utilities.

Estimate of Annual Burden: The Commission estimates the average annual burden1 and
cost2 for this information collection as follows.
Average
Annual Number Total Number Burden &
Cost Per
of Responses per of
Responses
Response
Respondent
(2)
(1)*(2)=(3)
(4)

Number of
Respondents
(1)
Information
exchange between
parties
Application
submitted to FERC
if parties’
negotiations are
unsuccessful
TOTAL

1

100 hrs.;
6 $10,000

1

6
Total Annual
Burden
Hours &
Total Annual
Cost ($)
(3)*(4)=(5)

Cost per
Respondent
($)
(5)÷(1)

600 hrs.;
$60,000

2.5 hrs.;
$250 15 hrs.; $1,500
615 hrs.;
$61,500

$10,000

$250
$10,250

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.
Dated: June 6, 2024.

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 collections burden, reference
5 CFR 1320.3.
2 The Commission staff estimates that the average respondent for FERC-716 is similarly
situated to the Commission, in terms of salary plus benefits. Based on FERC’s current
annual average of $207,786 (for salary plus benefits), the average hourly cost is
$100/hour.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-12868 Filed: 6/11/2024 8:45 am; Publication Date: 6/12/2024]