[Federal Register Volume 59, Number 2 (Tuesday, January 4, 1994)] [Proposed Rules] [Pages 268-278] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-31] [[Page Unknown]] [Federal Register: January 4, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Parts 161 and 250 [Docket No. RM94-6-000] Standards of Conduct and Reporting Requirements for Transportation and Affiliate Transactions Issued December 23, 1993. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) is proposing to revise its regulations governing standards of conduct and reporting requirements for transportation and affiliate transactions. The Commission is proposing to reduce the reporting requirements based on changes in the way pipelines will be allocating capacity after implementation of Order No. 636 and the Commission's experience with the reporting requirements. DATES: Comments are due February 3, 1994. ADDRESSES: Office of the Secretary, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426. FOR FURTHER INFORMATION CONTACT: Michael Goldenberg, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, (202) 208-2294. 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 3104, 941 North Capitol 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 (202) 208-1397. To access CIPS, set your communications software to use 300, 1200 or 2400 bps, full duplex, no parity, 8 data bits, and 1 stop bit. CIPS can also be accessed at 9600 bps by dialing (202) 208-1781. The full text of this notice will be available on CIPS for 30 days from the date of issuance. The complete text on diskette in WordPerfect format may also be purchased from the Commission's copy contractor, La Dorn Systems Corporation, also located in room 3104, 941 North Capitol Street, NE., Washington, DC 20426. The Federal Energy Regulatory Commission (Commission) is proposing to amend its regulations governing standards of conduct and reporting requirements for transportation and affiliate transactions. The Commission is proposing to reduce the reporting requirements significantly based on changes in the way pipelines will be allocating capacity after implementation of Order No. 6361 and the Commission's experience with the reporting requirements. --------------------------------------------------------------------------- \1\Pipeline Service Obligations and Revisions to Regulations Governing Self-Implementing Transportation; and Regulation of Natural Gas Pipelines After Partial Wellhead Decontrol, 57 FR 13,267 (Apr. 16, 1992), III FERC Stats. & Regs. Preambles 30,939 (Apr. 8, 1992), order on reh'g, Order No. 636-A, 57 FR 36,128 (Aug. 12, 1992), III FERC Stats. & Regs. Preambles 30,950 (Aug. 3, 1992), order on reh'g, Order No. 636-B, 57 FR 57,911 (Dec. 8, 1992), 61 FERC 61,272 (1992), appeal pending sub nom., Atlanta Gas Light Co. and Chattanooga Gas Co. v. FERC, No. 92-8782 (11th Cir. Aug. 13, 1992). --------------------------------------------------------------------------- I. Reporting Requirements The Commission estimates the public reporting burden for this collection of information under the proposed rule to average 66.2 hours per respondent, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The information will be collected under FERC-592, Marketing Affiliates of Interstate Pipelines. In lieu of being physically filed with the Commission on a periodic basis as a ``response'' or ``filing'', the data will be updated continuously and made available to customers/ shippers, the public, and the Commission by Electronic Bulletin Boards (EBBs) established and maintained by the pipeline respondents pursuant to Order No. 636. The annual reporting burden for some 61 respondents under the proposed rule is estimated to total 4,038.2 hours. Because the proposed rule provides for fewer information items, the burden estimate for FERC-592 in the subject Notice of Proposed Rulemaking (NOPR) represents a burden reduction of 63 hours per respondent--or a total reduction of 3,843 hours. The current annual reporting burden attributable to the FERC-592 information collection is 7,882 hours. A copy of this proposed rule is being provided to the Office of Management and Budget (OMB). Interested persons may send comments regarding the burden estimates or any other aspect of this collection of information, including suggestions for further reductions of this burden, to the Federal Energy Regulatory Commission, 941 North Capitol Street, NE., Washington, DC 20426 [Attention: Michael Miller, Information Services Division, (202) 208-1415, FAX (202) 208-2425]. Comments on the requirements of this proposed rule may also be sent to the Office of Information and Regulatory Affairs of OMB, Washington, DC 20503 [Attention: Desk Officer for Federal Energy Regulatory Commission (202) 395-6880]. II. Background The Commission, in Order No. 497,2 issued a rule intended to prevent pipelines from providing preferential treatment to their marketing or brokering affiliates. The rule adopted standards of conduct (codified at part 161 of the Commission's regulations)3 and tariff and reporting requirements (codified in Sec. 250.16).4 The reporting requirements required the pipelines to file FERC Form No. 592, a log containing information relating to transportation for affiliated marketers, and to maintain the same information for nonaffiliated shippers. The Commission imposed a sunset provision requiring a reevaluation of the requirements of the rule within one year to determine whether increased competition in transportation had mitigated the concerns about affiliate abuse. The Commission has extended the sunset provision until December 31, 1993, and, contemporaneously with this NOPR, is issuing Order No. 497-E which extends the reporting requirements until June 30, 1994.5 --------------------------------------------------------------------------- \2\Inquiry Into Alleged Anticompetitive Practices Related to Marketing Affiliates of Interstate Pipelines, Order No. 497, 53 FR 22139 (June 14, 1988), FERC Stats. & Regs. [Regulations Preambles 1986-1990] 30,820 (1988), order on rehearing, Order No. 497-A, 54 FR 52781 (Dec. 22, 1989), FERC Stats. & Regs. [Regulations Preambles 1986-1990] 30,868 (1989), order extending sunset date, Order No. 497-B, 55 FR 53291 (Dec. 28, 1990), FERC Stats. & Regs. [Regulations Preambles 1986-1990] 30,908 (1990), order extending sunset date and amending final rule, Order No. 497-C, 57 FR 9 (Jan. 2, 1992), III FERC Stats. & Regs. 30,934 (1991), reh'g denied, 57 FR 5815 (Feb. 18, 1992), 58 FERC 61,139 (1992), aff'd in part and remanded in part, Tenneco Gas v. Federal Energy Regulatory Commission, 969 F.2d 1187 (D.C. Cir. 1992), order on remand, Order No. 497-D, 57 FR 58978 (Dec. 14, 1992), III FERC Stats. & Regs. 30,958 (1992). \3\18 CFR part 161. \4\18 CFR 250.16. \5\Order No. 497-E also revises Sec. 161.3(f) of the standards of conduct dealing with the contemporaneous disclosure to nonaffiliates of transportation, sales, and marketing information provided to affiliates. --------------------------------------------------------------------------- In Order No. 636, the Commission created a new operating environment for interstate pipelines and shippers by requiring pipelines to unbundle their sale of gas from their transportation service and implementing changes in the terms and conditions for providing transportation. One of the principal changes introduced by Order No. 636 was the initiation of capacity release mechanisms through which firm shippers can release their firm transportation capacity, including storage capacity, to others wanting to obtain the capacity. The Commission mandated that all allocations of firm capacity, both firm capacity available from the pipeline and released capacity, be implemented through Electronic Bulletin Boards (EBBs) operated by the pipelines (or operated on their behalf by third parties). The Commission also has begun the process, in Docket No. RM93-4-000, of standardizing the methods by which pipelines will provide information about available capacity through their EBBs. Another significant change in Order No. 636 was the Commission's determination that pipelines must provide shippers with flexible receipt and delivery points. The Commission provided this flexibility to promote efficient use of pipeline capacity particularly through the capacity releasing mechanism. A shipper obtaining released capacity (replacement shipper) is not restricted to using the receipt or delivery points of the releasing shipper; it is able to select alternate receipt or delivery points for that capacity to accord with its requirements for transportation service. The Commission previously has addressed the effect of EBBs and capacity release on the Order No. 497 requirements. In Order No. 497-D, the Commission eliminated the requirement that pipelines file the Form No. 592 containing the affiliated transportation log with the Commission, requiring instead that they provide this information on their EBBs.6 The Commission also determined that Order No. 497 does not apply to temporary capacity releases, because such releases are not a request for transportation to the pipeline.7 The releasing shipper, not the pipeline, controls and makes the determination to release capacity; the pipeline merely facilitates the transaction. --------------------------------------------------------------------------- \6\Order No. 497-D, III FERC Stats. & Regs. Preambles at 30,737. \7\Northwest Pipeline Corporation, 65 FERC 61,007 (1993). A temporary capacity release occurs when the releasing shipper retains its rights to the capacity when the release period ends. A permanent release ends the releasing shipper's rights and responsibilities under the contract and the contract is transferred to the replacement shipper. --------------------------------------------------------------------------- Now that Order No. 636 has been implemented on virtually all pipelines, the Commission finds this to be the opportune time to do a comprehensive reevaluation of the Order No. 497 requirements in light of the requirements of Order No. 636 as well as the Commission's experience under Order No. 497. In Order No. 636, the Commission stated that increased competition resulting from the unbundling of gas sales from transportation service might reduce the pipelines' incentive for granting preferences to affiliates, but it concluded such competition probably would not eliminate the incentive altogether.8 Similarly, the implementation of capacity release may reduce the pipelines' incentive to provide its marketing affiliates with preferences for interruptible transportation, because shippers seeking interruptible service are not restricted to the pipeline as the sole avenue for such service, as they were in the past; they now can obtain firm service through capacity release which is superior to the pipelines' interruptible service. --------------------------------------------------------------------------- \8\Order No. 636-A, III FERC Stats. & Regs. Preambles at 30,621. --------------------------------------------------------------------------- At this juncture, the Commission does not deem the evidence sufficient to warrant rescission of the Order No. 497 standards of conduct and tariff and reporting requirements. As part of its continuing assessment of the need for these regulations, the Commission will consider in the final rule any comments relating to the need for, and retention of, these regulations as a whole. Nevertheless, the significant changes wrought by Order No. 636 do appear to warrant substantial revision of the Order No. 497 standards of conduct and tariff and reporting requirements to eliminate unnecessary information and to reduce and streamline the compliance burden. Modifications to the Order No. 497 filing requirements also are needed to conform the regulations with the requirement that affiliate information be posted on pipeline EBBs.9 --------------------------------------------------------------------------- \9\The Commission is proposing to eliminate current Sec. 161.3(h), Secs. 250.16(b)(1) (ii) and (iv), and Secs. 250.16(b)(2) (ii), (iv), and (vii)-(xiv). It proposes to modify current Sec. 250.16(a), Secs. 250.16(b)(1)(i), Secs. 250.16(b)(2) (iii), (vi), and (xvii), and Secs. 250.16(c)-(e). --------------------------------------------------------------------------- III. The Proposed Rule A. Standards Of Conduct The Commission proposes to eliminate Sec. 161.3(h) of the regulations which prohibits pipelines from conditioning or tieing an agreement to release gas subject to take-or-pay relief to the purchase of services from a marketing affiliate. The Commission in Order No. 636 established procedures for dealing with gas supply realignment costs resulting from the reformation or termination of take-or-pay contracts after the unbundling of sales from transportation service.10 Accordingly, a standard of conduct provision relating to take-or-pay relief should no longer be needed.11 --------------------------------------------------------------------------- \1\0Order No. 636, III FERC Stats. & Regs. Preambles at 30,458. \1\1For the same reason, the Commission is proposing to eliminate current Sec. 250.16(b)(2)(xiii) requiring pipelines to include in their transportation log a statement of whether the gas being transported is subject to take-or-pay relief. --------------------------------------------------------------------------- B. Tariff And Reporting Requirements 1. Revisions To Coordinate With Other Regulatory Changes The reporting requirements currently apply to interstate pipelines transporting gas pursuant to subparts B, G, H, or K of part 284. The Commission proposes to remove the references to subparts H and K. Subpart H applies to capacity release transactions and is an unnecessary and duplicative reference, since, by its own terms, it applies only to pipelines transporting gas under subparts B and G. Subpart K, which applies to pipelines transporting gas on the outer continental shelf, is similarly unnecessary because, it too, requires such pipelines to transport gas pursuant to subpart G. 2. Tariff Provisions Current Sec. 250.16(b)(1) presently requires pipelines to include in their tariffs information about shared operating personnel and facilities, the information and format for a request for service, the procedures used to address complaints, and the procedures used to inform shippers about the availability and pricing of transportation service. Current Sec. 250.16(g)(1) requires pipelines to maintain and follow certain procedures to make the tariff information available to the public. The Commission proposes to eliminate the requirement, in current Sec. 250.16(b)(1)(ii), that pipelines include in their tariffs the information required for a valid request for service, including the information required for the Form No. 592 affiliate transportation log. This provision was intended to ensure that pipelines obtained from a shipper requesting service information known to the shipper, but not to the pipeline, which the pipeline was required to maintain by the regulations.12 The information which pipelines needed to obtain included items such as the supplier of gas, the end-user, and whether or not the gas was subject to take-or-pay relief. The requirement for pipelines to include the request for service information in their tariff no longer appears necessary, because pipeline tariffs already include procedures for requesting service, and more important, this NOPR is proposing to eliminate the information which the pipelines previously had to obtain from the transportation request form. Under the proposed regulations, pipelines should know all the relevant information, without having to obtain additional information from the requesting shipper. --------------------------------------------------------------------------- \1\2See Order No. 497, FERC Stats. & Regs. [Regulations Preambles 1986-1990] at 31,147 (transportation request must include the items to be disclosed). --------------------------------------------------------------------------- The Commission proposes to eliminate the requirement, in current Sec. 250.16(b)(1)(iv), that requires pipeline tariffs to include the procedures used to inform affiliated and nonaffiliated shippers of the availability and pricing of transportation service and of the capacity available for transportation. This requirement appears superfluous since pipelines are required under Order No. 636 to provide equal and timely access on their EBBs to information relevant to the availability of service on their systems.13 --------------------------------------------------------------------------- \1\318 CFR 284.8(b)(3), (4); 18 CFR 284.9(b)(3), (4). --------------------------------------------------------------------------- The Commission also is proposing to eliminate the requirement, in current Sec. 250.16(g)(1), that pipelines maintain and make available to the public (at the pipelines' offices and through the mail) the tariff information they file with the Commission. This provision merely duplicates existing provisions. Section 4(c) of the Natural Gas Act requires pipeline tariff information to be publicly available and the Commission's regulations already require that the information be made available at the pipelines' offices as well as through the mail.14 --------------------------------------------------------------------------- \1\415 U.S.C. 717c(c) (1988); 18 CFR 154.16, 154.22. --------------------------------------------------------------------------- 3. Reporting Transportation Transactions Current Sec. 250.16(b)(2) requires pipelines to file with the Commission a transportation log reporting a variety of information related to affiliate transactions, and Sec. 250.16(c) requires pipelines to maintain the same information for nonaffiliate transactions. The Commission is proposing to reduce the amount of information that must be maintained and to clarify the filing requirements in light of the requirement, promulgated in Order No. 497- D, that pipelines post the information on their EBBs in lieu of filing it with the Commission.15 --------------------------------------------------------------------------- \1\5Order No. 497-D, III FERC Stats. & Regs. Preambles at 30,737; 18 CFR 250.16(d)(1). --------------------------------------------------------------------------- a. Information requirements. The Commission is proposing to eliminate the requirement that pipelines maintain information relating to firm transportation under Sec. 250.16. As a result of Order No. 636, the posting and awarding of firm service, including the reservation charge for that service, will be conducted through, and reported on, the pipelines' EBBs.16 Since all the details regarding an affiliate's or other shipper's acquisition of firm service will be on the EBB, a similar posting requirement for affiliate information under Sec. 250.16 appears unnecessary.17 --------------------------------------------------------------------------- \1\618 CFR 284.8(b)(3), 284.8(b)(4); Order No. 636, III FERC Stats. & Regs. Preambles at 30,419-20. \1\7The Commission recognizes that pipelines may offer firm shippers discounts on the reservation charge after the capacity is awarded and also may discount the firm usage charge. But the Commission does not deem the potential for such discounting sufficient to warrant the continuation of the reporting requirements under Sec. 250.16. Such discounting has not proven to have been extensive in the past. Moreover, information on any firm discounts that pipelines do provide affiliates will be available on pipeline EBBs under former standard I and under the Commission's Part 284 discount reporting requirements, although without as much detail as required by Sec. 250.16. See 18 CFR 161.3(i)(revised Sec. 161.3(h)); 18 CFR .8(b)(4)(v) (requiring standards of conduct information to be posted on EBBs); 18 CFR 284.7(d)(5)(4). In addition, the Commission's adoption of straight-fixed-variable (SFV) rate design in Order No. 636 virtually eliminates the pipelines' ability to discount the firm usage rate as well as the impact of any discounts if they did occur. Under SFV, the usage rate reflects only variable costs (and applicable volumetric surcharges), and pipelines cannot discount below variable cost. --------------------------------------------------------------------------- For interruptible transportation, however, the EBBs will not provide the relevant discount information, because, unlike firm service, the EBBs will not be used to allocate interruptible capacity or establish a shipper's rate for interruptible service.18 The allocation of interruptible transportation and the rate for individual transactions usually takes place during the pipelines' monthly and daily nomination and scheduling process. Accordingly, the Commission is retaining the current requirement to maintain and post information for discounts on interruptible service (proposed Sec. 250.16(c)). --------------------------------------------------------------------------- \1\8Order No. 636 only required pipelines to post their available interruptible capacity on their EBBs, but it did not mandate that the awarding of interruptible capacity take place on the EBBs. 18 CFR 284.9(b)(3). --------------------------------------------------------------------------- The Commission is proposing to eliminate a number of reporting requirements relating to requests for interruptible service.19 The Commission's experience in administering Order No. 497 is that the most important information for monitoring potential undue discrimination is the discount information for individual transactions. Once that information is known, the Commission can obtain information regarding the transportation request during an investigation if it is needed. Indeed, some of the information on the request, such as the extent of affiliation between pipelines and suppliers or shippers, would appear to be well known to the parties transacting business on the pipelines and should not need to be posted.20 --------------------------------------------------------------------------- \1\9The Commission is proposing to eliminate current Secs. 250.16(b)(2)(ii), (iii), (v), (vi), (xiv), (xv), (xvii). \2\0For the same reason, the Commission is proposing to eliminate the reporting of corporate affiliation in the discount reporting requirement under current Sec. 250.16(b)(2)(xix). --------------------------------------------------------------------------- The Commission is proposing to eliminate a series of requirements for posting information obtained from the transportation request on the source and destination of gas.21 Information from the transportation request form on source and destination should no longer be of much value since the Commission has required pipelines to provide for flexible receipt and delivery points. By making use of alternate receipt or delivery points, shippers will be able to transport gas between a variety of sources and destinations, regardless of the source or destination information provided on the transportation request form. The Commission, however, is retaining the requirement that pipelines post the quantity of gas at each delivery point for discounts actually granted. --------------------------------------------------------------------------- \2\1Current Secs. 250.16(b)(2) (vii), (ix), (xi). --------------------------------------------------------------------------- The Commission has not proposed to delete certain information relating to requests for service, such as the position of the request in the transportation queue and the disposition of the request. Nevertheless, the Commission is unsure about the value of retaining the requirements for posting information concerning the requests for service and solicits comments on whether they should be deleted as well. In Order No. 636-A, the Commission addressed the requirement in current Sec. 250.16(b)(2)(xiv) for reporting whether gas sales are being made below cost.22 A commenter had requested additional protection against affiliate abuse, contending that, after unbundling, a pipeline could avoid the Order No. 497 requirement to post transportation discounts by charging its affiliate the maximum transportation rate to deliver the gas, but selling gas to its affiliate at a loss. As part of its response, the Commission stated that concealment of such an arrangement would be difficult in light of the Sec. 250.16(b)(2)(xiv) requirement for pipelines to report whether affiliated marketers or their blanket sales operating units were selling gas below cost. --------------------------------------------------------------------------- \2\2Order No. 636-A, III FERC Stats. & Regs. Preambles at 30,622-23. --------------------------------------------------------------------------- However, after further consideration and review of experience under Order No. 497, the Commission is proposing to eliminate the sales below cost provision, because it has not proved meaningful in evaluating discounts granted by pipelines. The Commission understands the pipelines obtain the information on below cost sales from the affiliated marketer in its initial request for service. The information reported by the pipeline, therefore, would not provide current below cost sales information that can be directly related to the current transportation arrangements posted in the log. Experience also shows that 98% of the time pipelines report this information as ``no'' or ``unknown''. The Commission has no evidence that the manipulation of gas and transportation prices, as suggested by the comment in Order No. 636-A, has occurred or resulted in discrimination. Moreover, the Commission seriously doubts whether, in the competitive market for gas sales, any pipeline reporting requirement would permit monitoring of the ever- changing price which shippers, whether affiliated marketers or others, will be paying for gas. Shippers in the market are in a better position to obtain information on gas prices and to file complaints with the Commission if they believe a manipulation of gas and transportation prices results in an undue discrimination relating to the transportation component. The Commission also is proposing to clarify the reporting requirements by requiring the provision of information on whether an affiliate or sales operating unit is involved in the transportation transaction and its role. Current Sec. 250.16(b)(2) (revised Sec. 250.16(d)) already requires pipelines to report transactions in which an affiliated marketer is involved, even if it is not the shipper. For example, an affiliate or pipeline sales operating unit could be involved in a transaction as a seller of gas or as an agent, but not as the shipper. The requirement to report the extent of such involvement would ensure that those obtaining the affiliate information would know the role of the pipeline affiliate when it is not a shipper. b. Access to the affiliate and nonaffiliate information. The existing regulations require pipelines to file transportation logs at the Commission. The Commission is proposing to conform these filing requirements to the requirement, established in Order Nos. 497-D and 497-E, that pipelines post affiliate information on their EBBs rather than submitting it to the Commission.23 --------------------------------------------------------------------------- \2\3Under Order No. 497-E, the requirement for filing transportation logs at the Commission terminates the earlier of 90 days after a pipeline is in compliance with Order No. 636 or June 30, 1994. --------------------------------------------------------------------------- To conform the Order No. 497 regulations with the requirements for EBBs, the new regulations would require pipelines to post affiliate information on their EBBs in conformity with the requirements of Sec. 284.8(b)(4) and their tariffs and to provide access to the affiliate information using the same procedures and protocols as used for accessing their EBBs.24 Pipelines, therefore, must ensure that their EBBs for affiliate information are user-friendly and incorporate the same features as apply to the other aspects of the pipelines' EBBs.25 They also must permit users to obtain the affiliate information by using the same phone number and log-on procedures they would use to access and obtain information about available capacity from the pipelines' EBBs.26 --------------------------------------------------------------------------- \2\4Pipelines with waivers of the EBB requirements under Order No. 636 would have to file for a waiver of the posting and downloading requirements for the affiliate information and propose an alternate method for making the information available. \2\5See Order No. 636, III FERC Stats. & Regs. Preambles at 30,415. For example, the requirements to provide information through downloadable files, to provide on-line help, search functions, and menus, and to provide for backing-up, archiving, and retrieval of this material would be the same as those for the capacity availability information posted pursuant to Sec. 284.8(b)(4). \2\6For example, the Commission envisions that, in most cases, the Order No. 497 information would be a separate menu item that users could choose when they log-on to the pipeline's EBB. --------------------------------------------------------------------------- The Commission previously had required pipelines to file their affiliate transportation logs with the Commission on magnetic tape or computer disks according to specified data formats.27 The Commission similarly required the pipelines to maintain nonaffiliate information in electronic form and to provide this information to the Commission upon request or to the public under the Commission's discovery procedures.28 Since pipelines are now required to comply with the Part 284 EBB requirements for posting of the affiliate information, they must make this information available through downloadable files. The regulations have been revised to reflect this requirement. --------------------------------------------------------------------------- \2\718 CFR 250.16(e). \2\818 CFR 250.16(c); 18 CFR 385.401-11. --------------------------------------------------------------------------- The Commission is also proposing to modify the requirements for providing both affiliate and nonaffiliate information to the Commission upon request. Under the proposal, pipelines would only have to maintain the information and be prepared to make it available electronically within a reasonable time upon request, according to specifications and formats promulgated by the Commission. Under the proposal, pipelines would not have to maintain the nonaffiliate information in one computer file. They could maintain the information in different files so long as they could extract the information and provide it, upon request, in electronic form. The Commission proposes to revise Form No. 592 to set forth the specifications and formats to be used for downloading and for providing the information to the Commission upon request.29 --------------------------------------------------------------------------- \2\9The proposed specifications and format are attached as Appendix A. --------------------------------------------------------------------------- Current Sec. 250.16(d)(4)(ii) provides that filing the discounted rate report for affiliate transactions within 15 days of the close of the billing period satisfies a pipeline's obligation to file discount reports under Sec. 284.7(d)(5)(iv). Since pipelines are no longer required routinely to file transportation logs with the Commission, they must now fully comply with Sec. 284.7(d)(5)(iv) for affiliate transactions. IV. Sunset Date The Commission is not proposing to include a sunset provision in this rule. The proposed revisions reduce the compliance burden significantly, and a firm sunset date, such as one year from issuance, would not necessarily provide sufficient time for the Commission fully to evaluate the effect of Order No. 636 on the pipelines' incentive to favor affiliates. The Commission always can reevaluate the rule when sufficient information is available. For example, after evaluation of the impact of the capacity release mechanism, the Commission may find that the availability of released capacity has so reduced the significance of interruptible discounts from the pipeline that the regulations are no longer needed. But, the Commission cannot predict when it would have sufficient data to make such a determination. The Commission notes that even without a sunset provision, it must review these regulations within three years because the Paperwork Reduction Act does not permit OMB to approve an information collection requirement for a period in excess of three years.30 --------------------------------------------------------------------------- \3\044 U.S.C. 3507(d). --------------------------------------------------------------------------- V. Environmental Analysis The Commission is required to prepare an Environmental Assessment or an Environmental Impact Statement for any action that may have a significant adverse effect on the human environment.31 The Commission has categorically excluded certain actions from these requirements as not having a significant effect on the human environment.32 The action taken here falls within categorical exclusions provided in the Commission's regulations.33 Therefore, an environmental assessment is unnecessary and has not been prepared in this rulemaking. --------------------------------------------------------------------------- \3\1Order No. 486, Regulations Implementing the National Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. Preambles 1986-1990 30,783 (1987). \3\218 CFR 380.4. \3\3See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5). --------------------------------------------------------------------------- VI. Regulatory Flexibility Act Certification The Regulatory Flexibility Act of 1980 (RFA)34 generally requires a description and analysis of final rules that will have significant economic impact on a substantial number of small entities. Pursuant to section 605(b) of the RFA, the Commission hereby certifies that the regulations proposed herein will not have a significant impact on a substantial number of small entities. --------------------------------------------------------------------------- \3\45 U.S.C. 601-612. --------------------------------------------------------------------------- VII. Information Collection Requirement Office of Management and Budget (OMB) regulations require approval of certain information collection requirements imposed by agency rules.35 The proposed rule revises and reduces the reporting requirements/burden under existing FERC-592, Marketing Affiliates of Interstate Pipelines (OMB Control No. 1902-0157). --------------------------------------------------------------------------- \3\55 CFR 1320.13. --------------------------------------------------------------------------- The information required under FERC-592 enables the Commission to carry out its legislative mandate under the NGA and NGPA and will help ensure a viable capacity release market under the Commission's Order No. 636. Specifically, the required information allows the Commission to review/monitor pipeline transportation, sales, and storage transactions with its marketing affiliates to deter undue discrimination and to take appropriate action, where and when necessary. The information is also used by others to indicate whether or not there has been discrimination in pipeline/affiliate/nonaffiliate transactions. The Commission is submitting notification of these FERC-592 information requirements to OMB for its review and approval. Interested persons may obtain further information by contacting the Federal Energy Regulatory Commission, 941 North Capitol Street, NE., Washington, DC 20426 [Attention: Michael Miller, Information Services Division, (202) 208-1415]. Comments on the requirements of the subject proposed rule may also be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 [Attention: Desk Officer for Federal Energy Regulatory Commission]. VIII. Comment Procedures The Commission invites interested persons to submit written comments on the matters proposed in this notice, including any related matters or alternative proposals that commenters may wish to discuss. An original and 14 copies of comments to this notice must be filed with the Commission no later than February 4, 1994. Comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 825 North Capitol Street, NE, Washington, DC 20426, and should refer to Docket No. RM94-6-000. All written comments will be placed in the Commission's public files and will be available for inspection in the Commission's Public Reference Room at 941 North Capitol Street, NE, Washington, DC 20426, during regular business hours. List of Subjects 18 CFR Part 161 Natural gas, Reporting and recordkeeping requirements. 18 CFR Part 250 Natural gas, Reporting and recordkeeping requirements. By direction of the Commission. Lois D. Cashell, Secretary. In consideration of the foregoing, the Commission proposes to amend parts 161 and 250, chapter I, title 18, Code of Federal Regulations, as set forth below. PART 161--STANDARDS OF CONDUCT FOR INTERSTATE PIPELINES WITH MARKETING AFFILIATES 1. The authority citation for part 161 continues to read as follows: Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352. 2. In Sec. 161.3, paragraph (h) is removed, paragraphs (i) through (l) are redesignated (h) through (k), and redesignated paragraph (i) is revised to read as follows: Sec. 161.3 Standards of conduct. * * * * * (i) It must file with the Commission procedures that will enable shippers and the Commission to determine how the pipeline is complying with the standards in this section. PART 250--FORMS 1. The authority citation for part 250 continues to read as follows: Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352. 2. Sec. 250.16 is revised to read as follows: Sec. 250.16 Format of compliance plan for transportation services and affiliate transactions. (a) Who must comply. The requirements of this section apply to interstate natural gas pipelines that transport natural gas for others pursuant to subparts B or G of part 284 of this chapter and are affiliated, as that term is defined in Sec. 161.2 of this chapter, in any way with a natural gas marketing or brokering entity and conducts transportation transactions with its affiliate. (b) Tariff requirements. An interstate pipeline must maintain tariff provisions containing the following: (1) A complete list of operating personnel and facilities shared by the interstate natural gas pipeline and the affiliated marketing or brokering company, which the pipeline must update and refile with the Commission on a quarterly basis to reflect changes occurring during the quarter; (2) The procedures used to address and resolve complaints by shippers and potential shippers including a provision that the pipeline will respond within 48 hours and in writing within 30 days to such complaints. (c) Transportation information. An interstate pipeline must maintain the following information for all requests for interruptible transportation service conducted pursuant to subparts B or G of part 284 of this chapter. (1) The identity of the shipper making the request for service, including a designation of whether the shipper is a local distribution company, an interstate pipeline, an intrastate pipeline, an end user, a producer, or a marketer. (2) The date of receipt of the request. (3) The specific affiliation of the requester with the interstate pipeline. (4) Whether an affiliated marketer or pipeline sales operating unit is involved in the transaction and its role. (5) The maximum daily contract volume of gas requested to be transported. (6) The position of the request in the transportation request queue. (7) The disposition of the request. (8) Any complaints by the shipper or end user concerning the requested or furnished service and the disposition of such complaints. (9) Whenever service is requested, offered, or provided at discounted rates: The name of the shipper requesting or being offered or provided the discount; the amount and duration of the discount requested, offered or provided; the maximum rate or fee; the rate or fee actually charged during the billing period; and the quantity of gas scheduled at the discounted rate during the billing period for each delivery point. (10) Whether the pipeline has granted a waiver of a tariff provision in providing the requested service. (d) Filing requirements for transportation involving affiliated marketers or brokers. An interstate pipeline must file the information specified in paragraph (c) of this section for transportation requests by affiliated marketers or brokers or in which an affiliated marketer or broker is involved in the following manner and must provide this information when service begins and update the information on a daily basis. (1) It must post each transaction on its Electronic Bulletin Board for no less than 90 days in conformity with the requirements of subpart A, part 284, Sec. 284.8(b)(4) of this chapter and its tariff, and using the same protocols and procedures for access as used for its Electronic Bulletin Board. (2) It must provide for downloading of the information according to specifications and format contained in Form No. 592, which can be obtained at the Federal Energy Regulatory Commission, Public Reference and Files Maintenance Branch, 941 North Capitol St., NE., Washington, DC 20426 (e) Provision of data for affiliate and nonaffiliate transactions. (1) The information pipelines are required to maintain by paragraph (c) of this section for both affiliate and nonaffiliate transaction must be made available to the Commission upon request and to the public under subpart D of part 385 of this chapter. (2) When requested by the Commission, the information must be provided, within a reasonable time, according to the specifications and format contained in Form No. 592, which can be obtained at the Federal Energy Regulatory Commission, Public Reference and Files Maintenance Branch, 941 North Capitol St., NE., Washington, DC 20426. (f) Penalty for failure to comply. (1) Any person who transports gas for others pursuant to subparts B or G of part 284 of this chapter and who knowingly violates the requirements of Sec. 161.3, Sec. 250.16, or Sec. 284.13 of this chapter will be subject, pursuant to Secs. 311(c), 501, and 504(b)(6) of the Natural Gas Policy Act of 1978, to a civil penalty, which the Commission may assess, of not more than $5,000 for any one violation. (2) For purposes of this paragraph, in the case of a continuing violation, each day of the violation will constitute a separate violation. Note: The following Appendix will not appear in the Code of Federal Regulations. Appendix A Form Approved OMB No. 1902-0157; FERC Form No. 592 Marketing Affiliates of Interstate Pipelines Record Formats Revised December 7, 1993. Public reporting burden for this collection of information is estimated to average 66.2 hours per year per respondent, 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 other aspect of this collection of information, including suggestions for reducing the burden, to each of the following: Michael Miller, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426; Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503, Attention: Desk Officer for the Federal Energy Regulatory Commission. Table of Contents General Information I Purpose II Who must Comply III How to Comply IV Where to Submit General Instructions Specific Instructions Schedules: Marketing Affiliates of Interstate Pipelines, Schedule X1 (1) The Header Record (2) The Transportation/Storage Request Record (3) The Transportation Discounted Rate Record (4) The Storage Discounted Rate Record (5) The Narrative Record (6) The Footnotes Record General Information I. Purpose The information required is to support the monitoring of activities of pipeline marketing affiliates (which includes holders of subpart J of part 284 blanket sales certificates) so as to deter undue discrimination by pipeline companies in favor of marketing affiliates, and to prevent any harassment of non-affiliates. II. Who Must Comply All interstate natural gas pipeline companies thatTransport natural gas for others pursuant to subparts B or G of part 284 Are affiliated in any way with a natural gas marketing or brokering entity, as that term is defined in 18 CFR Sec. 161.2, and Conduct transportation transactions with an affiliate must maintain the requisite information for interruptible transportation service as specified in the FERC Form No. 592 and in the manner prescribed herein. III. How to Comply A. Affiliate Data The required Form No. 592 information for interruptible transportation/storage service must be publicly available on an electronic bulletin board (EBB) which satisfies the pipeline's obligations under Order No. 636. This Form No. 592 data/information is also required to be downloadable in ASCII flat files conforming with the specifications of these instructions and record formats. The requirement for back-up, archive, and retrieval of the Form No. 592 interruptible transportation/storage information on the EBB is the same as for information posted pursuant to Sec. 284.8(b)(4). Each affiliate interruptible transportation/storage transaction must be posted for a 90 day period. EBB functionality shall be provided to permit users to extract currently posted Form No. 592 data, for one or more months, and to download a flat file containing this material formatted in accordance with these instructions. B. Affiliate and Nonaffiliate Data Pipelines must have the capability to create flat files containing the Form No. 592 interruptible transportation/storage information, for a specified time period, for both pipeline affiliates and nonaffiliates. For discovery, the Commission may require pipelines to submit these Form No. 592 flat files for both affiliates and nonaffiliates on 9-track tape reel(s), 18-track tape cartridges(s), or on computer diskette(s). The pipeline may also be requested to provide one paper copy of the information submitted on the magnetic tape(s) or diskette(s) formatted so as to assist Commission staff in reading the company's flat files. The paper copy, if requested, must cover the same time period as the flat files submitted on the magnetic tape(s) or diskette(s). IV. Where to Submit (1) Any required submission should be addressed to: Office of the Secretary, Federal Energy Regulatory Commission, 825 N. Capitol Street, NE., Washington, DC 20426. (2) Hand deliveries can be made to: Office of the Secretary, Federal Energy Regulatory Commission, room 3110, 825 N. Capitol Street, NE., Washington, DC 20426. General Instructions 1. The notation f(m,n) will be used to denote a numeric string of length ``m'' including a decimal (``.'') with ``n'' digits following the decimal. 2. In preparing the required flat file, the following conventions must be followed: (A) All numeric fields must not be left blank and must be right justified unless indicated otherwise. (B) All money items should be rounded to the nearest dollar except where noted. (C) All volumetric data should be stated in MMbtu's (rounded to the nearest MMbtu), except where noted. (D) All rates should be stated in cents per MMbtu fixed decimal numbers, format f(10,2). For example, $1.5264/MMbtu should be stated as 152.64. (E) Negative values should be reported with a ``-'' sign preceding the first nonzero digit reported. (F) Commas must not be included in any numeric field. (G) Percents should be reported as whole numbers between 0 and 100 inclusive. (H) All dates should be reported as six digit numerics (year, month, day), unless otherwise indicated. 3. The sequence number is the sequential number assigned to a record as it is recorded on a schedule/record. The sequence number is incremented as additional records are added to a schedule/record and will be between 1 and 999,999, inclusive. (Note: The sequence number should be right justified, zero filled.) 4. The reference number is the alphanumeric string formed by concatenation of the Schedule ID, Record ID, sequence number, and item location number. E.g., a respondent's Company ID reported in the first record on the ``General Information'' record would have reference number ``X101000001011'' formed by joining (concatenating) the schedule ID ``X1'', the record ID ``01'', the sequence number ``000001'', and the item location number ``011''. 5. Report any footnote relative to any item reported on Schedule X1 in the ``Footnotes Record'', (Record 06 of Schedule X1). Each footnote should be cross referenced to the schedule and record (line) it pertains to by the appropriate reference number. E.g., a footnote for Company ID reported in the first record of the ``General Information'' record, (Schedule X1, Record 01), would be recorded in the ``Footnote Record,'' (Schedule X1, Record 06), using the reference number ``X101000001011''. At a minimum, the respondent should report the following information, in footnotes, for each contract/ request reported in the ``Transportation Service Data Record,'' (Schedule X1, Record 02). a. The field ``Respondent Affiliation,'' item number 15, should be footnoted to provide a complete list of personnel and facilities shared by the interstate pipeline and affiliated marketer or broker, or by the interstate pipeline and its blanket sales operating unit. Negative reports are required. b. The field ``Disposition of Request,'' item number 11, should be footnoted to provide any complaints and the disposition of such complaints by the shipper or end user concerning the requested or furnished service. 6. Source of codes. (A) Pipeline Company ID: Use the code for the pipeline as contained in the Buyer Seller Code List, U.S. Department of Energy's publication DOE/EIA-0176. A code may be obtained by calling EIA at (202) 254-5435. (B) Contract ID: The respondent's own designation for the contract or agreement covering the transaction being reported. This identifier will either be assigned by the respondent or the party providing a service to the respondent. 7. A pipeline blanket sales operating unit is any entity operating under a subpart J of part 284 blanket sales certificate, and is considered the functional equivalent of a marketing affiliate. Specific Instructions 1. Request ID: The Request ID is the unique sequential number assigned by the respondent to a request for transportation service when that request is received by the respondent. 2. Date Request Received: The month, day, and year the pipeline company received the request for transportation service. 3. Maximum Daily Contract Volumes To Be Transported (or Maximum Storage Withdrawal Quantity): The total maximum daily contract volumes of natural gas to be transported by the pipeline company (or withdrawn from storage). 4. Delivery Point ID: The point at which the pipeline company delivers the natural gas to a designated end user, local distribution company, etc. as specified by the transportation service requested. The respondent will provide a unique 20-byte alphanumeric identifier for each delivery point on his pipeline system. This delivery point ID will be the alphanumeric label/name which the respondent uses in conducting his daily business, (or a unique abbreviation thereof if the company identifier is more than 20 characters in length.) 5. Maximum Rate for Transportation Service: The maximum rate contained in the respondent's currently effective tariff for the rate schedule under which the interruptible transportation service is being conducted. 6. Discounted Rate for Transportation Service: A rate that is less than the maximum rate on file with the Commission. 7. Contracted Storage Capacity: Contracted working gas (Top Gas) volume. Schedules Marketing Affiliates of Interstate Pipelines--Schedule X1 Definitions of Items and File Layout for the Marketing Affiliates of Interstate Pipelines--Schedule X1 This schedule will consist of six record formats: (01) The Header Record (02) The Transportation/Storage Request Record (03) The Transportation Discounted Rate Record (04) The Storage Discounted Rate Record (05) The Narrative Record (06) The Footnotes Record (1) The Header Record -------------------------------------------------------------------------------------------------------------------------------------------------------- Character Item No. Item position Data type Comments -------------------------------------------------------------------------------------------------------------------------------------------------------- Schedule ID....................................... 1-2 Character...... Sch=X1. Record ID......................................... 3-4 Numeric........ Code=01. 1.............. Company ID........................................ 5-10 Numeric........ Company code from buyer/seller code list, see general instruction 6. 3.............. Month Posted...................................... 11-14 Numeric........ (MMYY); month and year which data represents. -------------------------------------------------------------------------------------------------------------------------------------------------------- (2) The Transportation/Storage Request Record -------------------------------------------------------------------------------------------------------------------------------------------------------- Character Item No. Item position Data type Comments -------------------------------------------------------------------------------------------------------------------------------------------------------- Schedule ID....................................... 1-2 Character...... Sch=X1. Record ID......................................... 3-4 Numeric........ Code=02. Sequence No....................................... 5-10 Numeric........ Right justified, zero filled, see general instruction 3. 4.............. Contract ID....................................... 11-18 Character...... See general instruction 6(b). 5.............. Request ID........................................ 19-25 Numeric........ See specific instruction 1. 7.............. Position in Queue................................. 26-30 Numeric........ Place in waiting line for contract for transportation service. 8.............. Total Number of Requests in Queue................. 31-35 Numeric........ Total number of requests pending with pipeline for initial transportation service. 9.............. Date Request Received............................. 36-41 Numeric........ (MMDDYY); see specific instruction 2. 11............. Disposition of Request............................ 42 Numeric........ See general instruction 5b; code=1, granted at maximum rate; code=2, granted a discounted rate; code=3, denied due to a capacity limitation; code=4, denied due to financial condition of requestor; code=5, other (provide specific details in a footnote). 14............. Shipper........................................... 43-82 Character...... Name of the shipper requesting service. 15............. Pipeline Affiliation with Shipper................. 83 Numeric........ See general instruction 5a and note 1; code=1, respondent affiliated with shipper; code=2, respondent not affiliated with shipper. 18............. Shipper Type...................................... 84 Numeric........ Code=1, LDC/distributor; code=2, interstate pipeline; code=3, intrastate pipeline; code=4, end user; code=5, producer; code=6, marketer; code=7, other, (specify in footnote). Affiliate Name.................................... 85-124 Character...... Name of the pipeline affiliate involved in the transportation/storage service being provided; if more than one affiliate is involved in the service, provide name(s) in a footnote. Role of Affiliate................................. 125 Character...... Affiliates role in the transportation/storage service is: code=1, shipper; code=2, marketer; code=3, supplier; code=4, seller; code=5, buyer; code=6, agent; code=7, enduser; code=8, other, (identify role in a footnote). Is Affiliate a Pipeline Sales Operating Unit of 126 Character...... Code=Y, yes; code=N, no. the Respondent. 20............. Discounted Rate Requested......................... 127 Numeric........ Discounted rate requested by party requesting the transportation service; code=0, discount not requested; code=1, discount requested. 21............. Maximum Daily Contract Volume to be Transported 128-137 Numeric........ (MMbtu); see specific instruction 3. Post contracted (or Maximum Storage Withdrawal Quantity). storage capacity in Item 33b. 31............. Type of Service................................... 138 Numeric........ See note 1; code=1, interruptible service without waiver; code=2, interruptible service with waiver. 33a............ Type of Transaction............................... 139 Numeric........ Code=1, code=2, a previously posted transaction in which changes occurred. 33b............ Contracted Storage Capacity....................... 140-149 Numeric........ (MMbtu); see specific instruction 7. 33c............ Character of Service.............................. 150 Numeric........ Code=1, storage service; code=2, transportation related to sale made by pipeline blanket sales operating unit; code=3, other transportation. Posting Date...................................... 151-156 Numeric........ (YYMMDD), year, month, and day entry is posted on pipeline's electronic bulletin board. Footnote.......................................... 157 Numeric........ Code=1, footnote is provided for this record; code=0, no footnote provided. -------------------------------------------------------------------------------------------------------------------------------------------------------- Note 1: Report in this data item whether a waiver of a tariff provision has been granted in providing the requested service. Code 1 will be used to indicate interruptible transportation service without waiver of a tariff provision; code 3 and 4 will be used to indicate interruptible transportation service with a waiver of a tariff provision of the respondent. Provide details on any waiver granted in a footnote. (3) The Transportation Discounted Rate Record -------------------------------------------------------------------------------------------------------------------------------------------------------- Character Item No. Item position Data type Comments -------------------------------------------------------------------------------------------------------------------------------------------------------- Schedule ID....................................... 1-2 Character...... Sch=X1. Record ID......................................... 3-4 Numeric........ Code=03. Sequence Number................................... 5-10 Numeric........ Right justified, zero filled, see general instruction 3. 4.............. Contract ID....................................... 11-18 Character...... See general instruction 6(b). 5.............. Request ID........................................ 19-25 Numeric........ See specific instruction 1. 35............. Delivery Point ID................................. 26-45 Character...... See specific instruction 4 and note 2. 38............. Billing Period.................................... 46-65 Character...... The billing period during which the discounted rate was collected. 39............. Duration of Discount.............................. 66-67 Numeric........ Number of days in the billing period the discount was offered or provided. 14............. Shipper........................................... 68-107 Character...... Name of the shipper receiving transportation service. 18............. Shipper Type...................................... 108 Numeric........ Code=1, LDC/distributor; code=2, interstate pipeline; code=3, intrastate pipeline; code=4, end user; code=5, producer; code=6, marketer; code=7, other, (specify in footnote). 36............. Maximum Rate for Transportation Service........... 109-118 Numeric........ (Cents/MMbtu); maximum effective rate/fee currently on file with the Commission for the service provided; format f(10,2); e.g., 35.62 cents is reported as ``35.62''; see specific instruction 5. 37............. Discounted Rate for Transportation Service........ 119-128 Numeric........ (Cents/MMbtu); actual rate/fee collected for the transportation service rendered; format f(10,2); e.g., 32.15 cents is reported as ``32.15''; do not report a negative value; see specific instruction 6. 40............. Volume Transported................................ 129-139 Numeric........ (MMbtu); volume of gas transported at the discounted rate. Posting Date...................................... 140-145 Numeric........ (YYMMDD), year, month, and day entry is posted on pipeline's electronic bulletin board. Footnote.......................................... 146 Numeric........ Code=1, footnote is provided for this record; code=0, no footnote provided. -------------------------------------------------------------------------------------------------------------------------------------------------------- Note 2: This record is filed for each delivery point actually used during the billing period reported. Only transactions actually discounted should be reported. (4) The Storage Discounted Rate Record -------------------------------------------------------------------------------------------------------------------------------------------------------- Character Item No. Item position Data type Comments -------------------------------------------------------------------------------------------------------------------------------------------------------- Schedule ID....................................... 1-2 Character...... Sch=X1. Record ID......................................... 3-4 Numeric........ Code=04. Sequence No....................................... 5-10 Numeric........ Right justified, zero filled, see general instruction 3. 4.............. Contract ID....................................... 11-18 Character...... See general instruction 6(b). 5.............. Request ID........................................ 19-25 Numeric........ See specific instruction 1. 35............. Delivery Point ID................................. 26-45 Character...... See specific instruction 4 and note 3. 38............. Billing Period.................................... 46-65 Character...... The billing period during which the discounted rate was collected. 39............. Duration of Discount.............................. 66-67 Numeric........ Number of days in the billing period the discount was offered or provided. 14............. Shipper........................................... 68-107 Character...... Name of the shipper receiving storage service. 18............. Shipper Type...................................... 108 Numeric........ Code=1, LDC/distributor; code=2, interstate pipeline; code=3, intrastate pipeline; code=4, end user; code=5, producer; code=6, marketer; code=7, other, (specify in footnote). 42............. Maximum Rate for Storage Capacity................. 109-118 Numeric........ (Cents/MMbtu); format f(10,2); see specific instruction 5 for definition. 43............. Maximum Rate for Maximum Storage Withdrawal 119-128 Numeric........ (Cents/MMbtu); format f(10,2); see specific Quantity. instruction 5 for definition 44............. Maximum Storage Injection Rate.................... 129-138 Numeric........ (Cents/MMbtu); format f(10,2); see specific instruction 5 for definition. 45............. Maximum Storage Withdrawal Rate................... 139-148 Numeric........ (Cents/MMbtu); format f(10,2); see specific instruction 5 for definition. 46............. Discounted Rate For Storage Capacity.............. 149-158 Numeric........ (Cents/MMbtu); format f(10,2); see specific instruction 6 for definition 47............. Discounted Rate For Maximum Storage Withdrawal 159-168 Numeric........ (Cents/MMbtu); format f(10,2); see specific Quantity. instruction 6 for definition. 48............. Discounted Storage Injection Rate................. 169-178 Numeric........ (Cents/MMbtu); format f(10,2); see specific instruction 6 for definition 49............. Discounted Storage Withdrawal Rate................ 179-188 Numeric........ (Cents/MMbtu); format f(10,2); see specific instruction 6 for definition. 50............. Discounted Storage Capacity Volume................ 189-198 Numeric........ (MMbtu). 51............. Discounted Maximum Storage Withdrawal Quantity.... 199-208 Numeric........ (MMbtu). 52............. Discounted Storage Injection Volume............... 209-218 Numeric........ (MMbtu). 53............. Discounted Storage Withdrawal Volume.............. 219-228 Numeric........ (MMbtu). Posting Date...................................... 229-234 Numeric........ (YYMMDD), year, month, and day entry is posted on pipeline's electronic bulletin board. Footnote.......................................... 235 Numeric........ Code=1, footnote is provided for this record; Code=0, no footnote provided. -------------------------------------------------------------------------------------------------------------------------------------------------------- Note 3: This record is filed for each delivery point actually used during the billing period reported. Only transactions actually discounted should be reported. (5) The Narrative Record -------------------------------------------------------------------------------------------------------------------------------------------------------- Character Item No. Item position Data type Comments -------------------------------------------------------------------------------------------------------------------------------------------------------- Schedule ID....................................... 1-2 Character...... Sch=X1. Record ID......................................... 3-4 Numeric........ Code=05 Sequence No....................................... 5-10 Numeric........ Right justified, zero filled, see general instruction 3. Text ID........................................... 11 Numeric........ See note 4. Text.............................................. 12-143 Character...... See note 5. -------------------------------------------------------------------------------------------------------------------------------------------------------- Note 4: Character positions 12-143 are to be used to enter free form text. The ``Text ID'' is the corresponding code as set forth below which identifies the required information. Text ID: 1. Required Information: A complete list of operating personnel and facilities shared by the interstate natural gas pipeline and any affiliated marketing or brokering company (or blanket sales operating unit). Text ID: 2. Required Information: The procedures used to address and resolve complaints by shippers and potential shippers. Note 5: A total of 132 character positions are provided for entering footnote text. If the respondent chooses to enter information in less than the 132 allowed character positions, the information should be left justified and the remainder of the record (line) should be blank filled through character position 255. (6) The Footnotes Record -------------------------------------------------------------------------------------------------------------------------------------------------------- Character Item No. Item position Data type Comments -------------------------------------------------------------------------------------------------------------------------------------------------------- Schedule ID....................................... 1-2 Character...... Sch=X1. Record ID......................................... 3-4 Numeric........ Code=06. Sequence No....................................... 5-10 Numeric........ Right justified, zero filled, see general instruction 3. Reference No...................................... 11-23 Numeric........ Reference number for record being footnoted see general instruction 4. Footnote Text..................................... 24-155 Character...... See note 6. -------------------------------------------------------------------------------------------------------------------------------------------------------- Note 6: A total of 132 character positions are provided for entering footnote text. [FR Doc. 94-31 Filed 1-3-94; 8:45 am] BILLING CODE 6717-01-P