[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)] [Rules and Regulations] [Pages 516-531] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-45] [[Page Unknown]] [Federal Register: January 5, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 284 [Docket No. RM93-4-000; Order No. 563] Standards For Electronic Bulletin Boards Required Under Part 284 of the Commission's Regulations Issued December 23, 1993. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) is issuing a final rule adopting regulations to standardize the content of, and procedures for accessing, information relevant to the availability of service on interstate pipelines. The Commission's standards will require pipelines to make this information available on Electronic Bulletin Boards (EBBs) and through downloadable files and will detail procedures and protocols for EBB operation and file transfers. DATES: February 4, 1994. Pipelines must implement the requirements of this rule by June 1, 1994, except where the procedures and protocols specify otherwise. ADDRESSES: Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426. FOR FURTHER INFORMATION CONTACT: Michael Goldenberg, Office of the General Counsel, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, (202) 208-2294. Marvin Rosenberg, Office of Economic Policy, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, (202) 208-1283. Brooks Carter, Office of Pipeline and Producer Regulation, Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, (202) 208-0666. 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. Table of Contents I. Introduction II. Reporting Requirements III. Background IV. Summary of the Final Rule V. Discussion of the Proposed Regulation A. Need For A Flexible Mechanism To Make Revisions To The Standards And Protocols B. Exemptions For Small Pipelines C. Implementation Date D. Modifications To The Regulatory Provisions VI. Discussion of Items Included in the Standardized Data Sets and Communications Protocols A. Standardized Data Sets 1. Operation of the Data Sets 2. Date and Time Stamps 3. Operationally Available Capacity 4. Disclosure of Minimum Conditions B. Communication Protocols 1. Electronic Data Interchange a. ASC X12 b. ASCII Downloads 2. Protocols For Communications Software and Hardware, Access Requirements, and Log-On Procedures C. Common Codes 1. Introduction 2. The Proposal 3. Comments on the Working Group Filing 4. Commission Adoption of the Working Group Proposal VII. Issues not Addressed in the Standardized Data Sets and Communication Protocols A. Proposed Additions To The Standardized Data Sets 1. Index of Purchasers 2. Nominations for Firm and Interruptible Capacity B. Communication Protocols For Uploading Files and Downloading Subsets Of Files C. Standardization Of Non-Capacity Release Business Transactions D. Policy Issues 1. Costs of Standardization 2. Liability 3. Non-Price Considerations E. Gas Industry Standards Board VIII. Environmental Analysis IX. Regulatory Flexibility Act Certification X. Information Collection Requirement XI. Effective Date Regulatory Text Appendix A--Parties Filing Comments On The Notice Of Proposed Rulemaking I. Introduction In Order No. 636,1 the Commission created a new operating environment for interstate pipelines and shippers on those pipelines by requiring pipelines to unbundle the sale of gas from the transportation of that gas and by introducing a mechanism permitting shippers to trade unneeded capacity through Electronic Bulletin Boards (EBBs) maintained by the pipelines. Because shippers will now be transporting gas over multiple pipelines, the Commission concluded that the development of uniform standards covering the content of, and methods for accessing, information relating to transportation would improve the efficiency of gas movement across the interstate pipeline grid. To begin the process of developing the needed standards, the Commission directed its staff to convene a series of informal conferences with all facets of the gas industry to consider standards relating to capacity allocation. As a result of these conferences, the industry reached consensus agreements on the information about available capacity that should be included on EBBs and the procedures and protocols for making that information available. --------------------------------------------------------------------------- \1\Pipeline Service Obligations and Revisions to Regulations Governing Self-Implementing Transportation; and Regulation of Natural Gas Pipelines After Partial Wellhead Decontrol, 57 FR 13267 (Apr. 16, 1992), III FERC Stats. & Regs. Preambles 30,939 (Apr. 8, 1992), order on reh'g, Order No. 636-A, 57 FR 36128 (August 12, 1992), III FERC Stats. & Regs. Preambles 30,950 (August 3, 1992), order on reh'g, Order No. 636-B, 57 FR 57911 (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). --------------------------------------------------------------------------- The Commission is adopting a final rule reflecting the consensus agreements reached by the industry. The rule amends the Commission's open access regulations by requiring pipelines to provide standardized information about the availability of service on their systems. This information will be provided both on the pipelines' EBBs and through files which users can download from the pipelines' computers to their own computers. The rule further requires pipelines to provide this information according to standardized procedures and protocols, which will be maintained in a document entitled ``Standardized Data Sets and Communication Protocols'' that can be obtained at the Commission. Pipelines must implement the requirements of this rule by June 1, 1994. The Commission also recognizes the standards and protocols it is adopting will need to be updated as more experience with capacity release and the transportation environment under Order No. 636 is obtained. The Commission, therefore, is proposing to continue the industry conferences to consider and propose modifications when needed. II. Reporting Requirements The Commission estimates the public burden for the information requirement under this final rule--including the one-time start-up burden related to pipeline EBBs--will average 6,770 hours per company. The burden estimate includes the time required to review and implement the standards, develop the necessary software, search existing data sources, gather and maintain the data needed, create/validate common and proprietary codes/information and complete and review the information. The information/data elements required to be maintained on pipeline EBBs will be under a new information requirement, FERC-549(B), Gas Pipeline Rates: Capacity Release Information. The annual burden associated with the new FERC-549(B) information requirement will be 528,060 hours based on the estimated initial EBB development burden and daily EBB informational updates by an anticipated 78 pipeline respondents. Included in the annual burden estimate are 40,560 hours (520 hours per company) attributable to the creation of common/proprietary codes to identify pipelines and common transaction points. The codification requirements were not part of the burden estimates contained in the Commission's Notice of Proposed Rulemaking (NOPR) issued July 29, 1993. Because the final rule contains new information and EBB requirements, many of which are one-time start-up activities, it is anticipated that FERC-549(B) burden will be reduced by 2,250 hours per respondent (for a total reduction of 175,500 hours for all respondents) the year following the implementation of the EBB systems. Arkla Energy Resources Company and Mississippi River Transmission Corporation state that providing comments on the burden estimate in the NOPR is difficult until final resolution of EBB issues. Interstate Natural Gas Association of American states the burden estimate in the NOPR is reasonable for the items included in the proposed rule, but would be too low if additional items, such as common codes are included. No party has submitted contrary data on a revised burden estimate for the requirements proposed in the NOPR. The only significant change from the NOPR is the requirement to create a common code data base and the Commission has revised its estimate to include the additional burden of this effort. Accordingly, the Commission finds its burden estimates reasonable. Interested persons may send comments regarding these burden estimates or any other aspect of this information requirement, including suggestions for reductions of the 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]; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 [Attention: Desk Officer for Federal Energy Regulatory Commission]. III. Background In Order No. 636, the Commission required pipelines to establish EBBs to provide shippers with equal and timely access to relevant information about the availability of service on their systems, including service available through capacity release transactions and firm and interruptible capacity available directly from the pipeline.2 The Commission recognized the efficiency of capacity allocation would be enhanced by standardizing both the content of capacity release information and the methods by which shippers could access that information.3 On February 26, 1993, the Commission held a technical conference to examine the industry's efforts in standardizing information content and communication procedures. The participants at the conference expressed a willingness to establish a broad industry-wide working group to reach consensus on standards governing capacity release transactions. The Commission subsequently established informal conferences with Commission staff and all interested members of the gas industry to facilitate the development of consensus standards.4 --------------------------------------------------------------------------- \2\18 CFR 284.8(b)(3)(4), 284.9(3)(4). \3\Order No. 636-A, III FERC Stats. & Regs. Preambles at 30,549. \4\Notice Of Informal Conferences (March 10, 1993), 54 FR 14530 (Mar. 18, 1993). --------------------------------------------------------------------------- A broad spectrum of firms and organizations participated in these Working Groups, including representatives from the major segments of the gas industry and other interested parties, such as computer and software firms. The participants at the conferences divided their efforts into five working groups covering different areas of standardization and, on July 1 and July 6, 1993, the Working Groups submitted reports on their deliberations. Working Groups 1 and 2 reached consensus on proposed standardized data sets setting forth the information concerning available capacity. Working Group 4 agreed on a set of communication protocols governing the dissemination of the information. Working Group 5 proposed methods for developing codes to identify companies and common transaction points, but had not finalized standards in these areas. Working Group 3 reported on its progress in considering standards relating to business practices other than capacity release, but did not propose any standards. The Working Group reports included minority positions on several items. The Commission also provided an additional period for the public to comment on the Working Group proposals. On July 29, 1993, the Commission issued a Notice Of Proposed Rulemaking (NOPR) proposing to adopt standards reflecting the consensus agreements reached by the industry working groups.5 The NOPR also provided for the continuation of the Working Groups and set a number of items for further consideration, with reports generally due by February 1, 1994.6 --------------------------------------------------------------------------- \5\Notice Of Proposed Rulemaking, 58 FR 41647 (Aug. 5, 1993), IV FERC Stats. & Regs. Proposed Regulations 32,500 (July 29, 1993). \6\Working Group 5 was given an October 1, 1993 report date for its proposal dealing with common transaction point codes. --------------------------------------------------------------------------- Forty comments were received on the NOPR.7 In addition, on October 12, 1993, Working Group 5 filed its report containing a finalized proposal for providing common transaction point codes, and on November 3, 1993, Working Groups 1 and 2 filed revisions to the proposed capacity availability data sets. The Commission noticed both filings and provided the industry with an opportunity to submit comments on the filings and to discuss them at an informal conference.8 --------------------------------------------------------------------------- \7\The commenters, and the abbreviations used for each, are listed in Appendix A. Con Edison and PSCW filed comments late. The Commission will consider these comments. \8\AER/MRT, IPAA, Gaslantic, National Registry, NYMEX/EnerSoft, Process Gas Consumers Group, and Transco submitted comments on the common code proposal. ANR submitted comments on the revised data sets. --------------------------------------------------------------------------- IV. Summary of the Final Rule The final rule adopts the regulation and standards as proposed in the NOPR, with only slight modifications. The final rule adopts Sec. 284.8(b)(5) requiring pipelines to provide standardized information relevant to the availability of service on their systems. Under the rule, pipelines must provide the standardized information on their EBBs and provide users with the ability to download the standardized information in compliance with standardized procedures and protocols. The rule provides that the details of the required information, procedures, and protocols will be made available in a document entitled ``Standardized Data Sets and Communication Protocols,'' which would be available from the Commission's Public Reference and Files Maintenance Branch.9 Because the standardized information includes information relevant to the availability of interruptible transportation, the rule also revises Sec. 284.9(b)(4), which governs interruptible transportation, to cross-reference the standardization requirements in Sec. 284.8(b)(5). --------------------------------------------------------------------------- \9\This document will not be published in the Federal Register. --------------------------------------------------------------------------- In summary, the standardized data sets set forth the information concerning capacity availability that pipelines must provide both on their on-line EBBs and through downloadable files.10 This information includes offers to sell firm capacity (either by the pipeline or releasing shippers), bids for capacity, awards of capacity, withdrawals of capacity offers and bids, operationally available (i.e., interruptible) capacity, and system-wide notices. The protocols establish principles and procedures relating to the operation of pipeline EBBs and the provision of downloadable files to users. Under these protocols, pipelines will provide for file downloads in two formats: one that complies with standards for Electronic Data Interchange (EDI) promulgated by the American National Standards Institute (ANSI) Accredited Standards Committee (ASC) X12 and a second format that does not comply with ASC X12, but which provides files in standard flat ASCII format.11 The Commission is changing the implementation of the regulation from the April 1, 1994 date proposed in the NOPR to June 1, 1994, unless the standards and protocols specify a different compliance date.12 --------------------------------------------------------------------------- \1\0On-line EBB refers to a continuous computer connection between a pipeline EBB and a user's computer in which the information from the pipeline's computer is displayed visually on the user's computer and the user can enter data directly to the pipeline's computer. File downloading refers to the transfer in computerized format of a file from the pipeline's computer to the user's computer. The user can use its own internal computer programs to manipulate the data. \1\1ASCII refers to the American Standard Code for Information Interchange, a code for character representation. The Commission recognizes the ASC X12 files also use ASCII characters. The Commission is using the term ASCII download to refer to standard flat file downloads that do not necessarily meet the requirements of the ASC X12 standards. \1\2The June 1, 1994 date will not apply to the requirement that pipelines provide a common code system. The date for implementation of this requirement is November 1, 1994. --------------------------------------------------------------------------- The comments addressed issues relating to the proposed regulation, the standards and protocols that were proposed for inclusion in the Standardized Data Sets and Communication Protocols, and the items which the Commission proposed not to include in the data sets and protocols. The Commission will address the issues raised in each area in turn. V. Discussion of the Proposed Regulation A. Need for a Flexible Mechanism To Make Revisions to the Standards and Protocols In the NOPR, the Commission proposed to proceed through rulemaking, rather than a policy statement, finding that the benefits of standardization can be achieved only when all pipelines provide the same information through the same procedures. The Commission concluded a rulemaking was the proper approach to issuing mandatory requirements. Several commenters support the Commission's issuance of a rule to ensure full compliance, but urge the Commission to commit itself to a process for revising the requirements.13 They maintain that once the industry obtains experience with capacity release, revisions may be needed. Natural supports the use of notice and comment rulemaking, but it requests clarification that, even though the referenced document of standards and protocols is not contained in the Code of Federal Regulations, any modifications to these standards or protocols will be made through rulemaking procedures. It maintains changes to this document could result in significant administrative burdens and costs and, therefore, contends the Administrative Procedure Act (APA) requires that such changes be made only through a notice and comment rulemaking. O&R and Williston urge the Commission to proceed using a policy statement to ensure the utmost flexibility for modifications. --------------------------------------------------------------------------- \1\3Power Generators, AGA, Columbia Distribution, Destec Energy, FMA, and UDC. --------------------------------------------------------------------------- The Commission adheres to its determination to proceed through rulemaking to ensure the uniformity standardization requires. Nevertheless, the Commission agrees with the commenters that revisions and modifications to the standards and protocols will need to be made on a regular basis as the industry obtains more experience with capacity release transactions and with the changed operating environment created by Order No. 636. For example, in the two months after issuance of the NOPR, Working Groups 1 and 2 already have proposed revisions to the standardized data sets to ensure that they function effectively and to clarify a number of items. The Commission proposes to continue the informal conferences and the Working Groups as the best means for monitoring the performance of the standards and proposing needed changes. To facilitate the Commission's ability to respond to the need for changes, it adopted only a general regulation requiring the pipelines to standardize their provision of capacity information, while the standards and protocols themselves were to be provided in a separate document not contained in the Code of Federal Regulations. The Commission is committed to making needed modifications and revisions to the standards and protocols as quickly as possible. Determining the appropriate mechanism for making such changes is premature, because the method should vary depending on the type of change contemplated; maintenance of the standards to correct problems or improve their functioning should be handled differently than significant substantive changes in the means of providing the information. In making changes to the data sets and protocols, the Commission intends to follow the APA and provide notice and an opportunity for comment, just as it has in the past with respect to proposed changes by the Working Groups. For example, when Working Groups 1 and 2 submitted their recent set of revisions, the Commission noticed the filing and provided an opportunity for written comments as well as for consideration of the revisions at one of the Commission's EBB conferences. Although the Commission is issuing the current data sets along with this rule, the Commission realizes that as pipelines begin the process of correlating the downloadable data sets with the information provided by offerors and bidders through their on-line EBBs, difficulties with the data sets may be identified. All pipelines immediately must begin the correlation process, so they can report any significant difficulties to Working Groups 1 and 2. The Commission is committed to implementing the data sets by June 1, 1994, and Working Groups 1 and 2, therefore, should ensure that they provide the Commission with any additional changes they believe are essential in sufficient time to permit implementation of the data sets, including ASC X12 downloadability, by that date. The Commission recognizes that the data sets may not be perfect when implemented, but, as discussed above, the Commission is committed to a process for revising the data sets on a regular basis after implementation. B. Exemptions for Small Pipelines Sabine maintains small pipelines may not be able to comply with the requirements outlined in the NOPR. It does not suggest a blanket exemption for small pipelines, but instead recommends they be afforded an opportunity to demonstrate that the costs of implementing the standards would outweigh the benefits of compliance.14 --------------------------------------------------------------------------- \1\4It points out the Commission exempted it from compliance with the interactive EBB requirement in its restructuring order. Sabine Pipe Line Company, 63 FERC 61,010 (1993). --------------------------------------------------------------------------- The Commission recognizes small pipeline compliance with some of the requirements of the standards and protocols may not be cost justified or essential to obtain the benefits the Commission sought to achieve through standardization. The Commission cannot make a generic determination of the particular standards and protocols with which small pipelines should not have to comply; compliance with some of the standards may not involve as much added cost as compliance with others and partial compliance may still be of benefit to users.15 Small pipelines desiring an exemption should file a petition under Rule 207 of the Commission's Rules of Practice and Procedure listing the specific requirements for which they seek exemption and explaining why the exemption is justified.16 Users will then be given an opportunity to comment on the proposed application. --------------------------------------------------------------------------- \1\5For example, provision of the data contained in the standardized data sets may not be unduly costly and would permit users to obtain the same information from all pipelines. \1\618 CFR 385.207. --------------------------------------------------------------------------- C. Implementation Date In the NOPR, the Commission proposed an April 1, 1994 implementation date, finding this date would provide pipelines with sufficient time to program their computers to incorporate the changes required and would permit final testing of the system during the off- peak summer season. Many commenters support the April 1, 1994 implementation date, some suggesting no extension be given.\17\ Peoples Gas, et al., and UDC state this date should not result in delay in implementing the on-line EBBs already required by Order No. 636. Some commenters contend the April 1, 1994 date is sufficient for the items included in the NOPR, but would not give sufficient time for implementation of additional requirements resulting from the Working Groups' February 1, 1994 reports on those items which the Commission set for further consideration.\18\ Other commenters contend the April 1, 1994 date is too ambitious for all items and assert the Commission should not set an interim date, but should require full implementation by the fall of 1994.\19\ AER/MRT contends an April 1, 1994 implementation date for the ASC X12 requirement, in particular, is unreasonably ambitious. --------------------------------------------------------------------------- \17\Power Generators, Con Edison, WEV, Destec Energy, NGSA, NYMEX/EnerSoft, O&R, Peoples Gas, et al., UDC, Process Gas Consumers Group (noting that capacity release transactions may be heaviest in the off-season), Transco (if development of ASC X12 not unduly delayed). \18\INGAA, Natural. \19\AER/MRT, Columbia Gas, Enron, KGPL. --------------------------------------------------------------------------- The Commission will agree to delay the implementation date to June 1, 1994, to allow the Working Groups and the pipelines to make final revisions that will improve the functioning of the EBBs and the downloadable data sets. But, given this extension, the Commission expects the pipelines to have an operational set of standards fully implemented by June 1, 1994. At the same time, the June 1, 1994 date will permit capacity release transactions, which may be significant in the off-peak season, to benefit from the standards. The June 1, 1994 date applies to the implementation of EDI, but not to the implementation of common codes, as discussed later.\20\ The Commission clarifies that this date applies only to the items included in this rule, not to further items resulting from the February 1, 1994 reports. The June 1, 1994 date also does not delay pipelines' compliance with the EBB requirements of Order No. 636; pipelines must comply with these requirements by the date specified in their restructuring orders. --------------------------------------------------------------------------- \20\See text accompanying notes 36 and 51, infra. --------------------------------------------------------------------------- The June 1 date is not an interim date, but the final date for compliance with these requirements. The reference in the NOPR to final testing during the off-peak season meant only that full scale operation would operate as the final check to uncover lacunae in operation not detected during routine small scale (or beta) testing of the system.\21\ As stated earlier, the Commission expects full implementation of the data sets and communication protocols by no later than the June 1, 1994 date. --------------------------------------------------------------------------- \21\By beginning full-scale operation during the summer, the standards will be in effect during the period when capacity release transactions may be significant, but, at the same time, any final problems with the system can be resolved when obtaining gas supplies is not as crucial as during the peak winter heating season. --------------------------------------------------------------------------- Williston Basin asserts the February 1, 1994 date for the Working Group reports is premature since the industry will not have sufficient experience with capacity release by then to make additional modifications. The Commission is not persuaded to change the February 1 date for the Working Group reports. These reports are intended to cover the items on which the parties did not have the time to reach consensus in time for their July reports, but which the Commission found were susceptible to resolution given more time. As discussed earlier, the Commission is committed to updating these standards when necessary in light of experience. The timing of additional meetings or reports to consider further revisions are better made at a later point. D. Modifications to the Regulatory Provisions NGSA and Process Gas Consumers Group suggest the rule should be revised to require each pipeline to submit a compliance filing specifying in its tariff the details of how it will supply the services required by the rule. UDC suggests the imposition of reporting requirements to permit the Commission and the public to monitor the initial operation of EBBs. The Commission perceives no need at this point for requiring compliance filings by pipelines or the submission of periodic reports. The requirements of the rule are straight-forward. The communication protocols require pipelines to provide users with scripts detailing the procedures for accessing (logging-on to) the pipelines' computer systems, and providing further detail through tariff filings seems unnecessary. Monitoring of the system can be better accomplished through Commission oversight of pipelines' compliance by accessing their EBBs and through the use of industry conferences than through tariff filings or inflexible periodic reporting requirements. Process Gas Consumers Group suggests the deletion of the phrase ``on its Electronic Bulletin Board'' from the opening clause of the rule. It contends this phrase suggests the rule may not cover EDI access to data, may not apply to pipelines using third-party vendors to provide EBB services, and appears to require pipelines to provide information about accessing their EBB solely through their EBB, thereby creating a Catch-22 in which shippers can obtain information on how to access a pipeline's EBB only by knowing how to access the EBB. The Commission will not delete the reference to Electronic Bulletin Boards because pipelines must provide the required information on their EBBs as well as through downloadable files. The Commission, however, will modify the regulation slightly to make even more explicit that both modes of communication must be provided. The Commission expects pipelines to provide users with instructions for accessing their EBBs or using EDI transfers without having the user first access the pipelines' EBB. VI. Discussion of Items Included in the Standardized Data Sets and Communication Protocols The Commission proposed to set forth the information on capacity availability and the protocols governing the dissemination of that information in a separate document entitled Standardized Data Sets and Communication Protocols that would be available at the Commission. The Commission included this document in the NOPR and commenters raised issues with respect to the proposed provisions. A. Standardized Data Sets 1. Operation of the Data Sets El Paso requests clarification that a pipeline can leave fields in the data sets blank if the pipeline's tariff does not require the information to be provided. It cites, as an example, differences in pipelines' tariffs as to whether volumetric releases are subject to minimum quantity requirements. ANR contends the definitions of the terms mandatory and optional, as used for some fields in the data sets, are confusing. It submits mandatory refers to data fields that every pipeline must support, while optional refers to data fields pipelines may offer at their discretion, unless their individual tariffs require that those fields be supported. If optional means that all pipelines must support the field, thereby permitting releasing shippers or bidders with the option of including information in the field, ANR asserts it would have to incur added expense to redesign its EBB to include these fields.\22\ --------------------------------------------------------------------------- \22\As an example of the difference in definition, an optional field is releaser contract number. Data Set I.1, line 6. Under ANR's definition, pipelines would have the discretion to include this field. Under the second interpretation, pipelines must provide the field so releasing shippers have the ability to include the information. --------------------------------------------------------------------------- In general, the Commission understands that El Paso's and ANR's interpretation of the manner in which the data sets are designed to operate accords with the intent of the Working Groups, and the Commission agrees with that approach. The Commission, however, sees a need to provide further clarification of the operation of the data sets and the mandatory and optional characterization of certain fields. At the outset, it is important to recognize that these data sets must apply to all pipelines, and, therefore, the Working Groups had to design them to be flexible enough to accommodate the different operational characteristics and information requirements of different pipelines. Implementation of the data sets perforce will differ across pipelines. The data sets are organized along the following lines. First, they are divided into generic groups for offers, bids, awards, withdrawals, operationally available capacity, and system wide notices. Some of these groups are then divided into specialized data sets, for example for receipt and delivery point information or for storage releases. Each of these subsets contain mandatory, optional, or contingent fields. All pipelines must support the six broad categories of data sets. Pipeline support of the subsets within each category, however, may depend on the operational characteristics of individual pipelines.\23\ For example, data sets are included for receipt and delivery point information and for segment information although not all pipelines are segment systems. Pipelines will choose from among the combination of these data sets the ones that best present the relevant information for their systems. --------------------------------------------------------------------------- \23\The easiest example is the storage data sets which obviously will not have to be supported by pipelines without storage fields. --------------------------------------------------------------------------- All pipelines choosing a particular data set will be required to support the mandatory fields in that data set. Pipelines are not required by this rule to support the optional fields. Some pipelines, however, may be required by their tariffs or other requirements, to support some of the optional fields.\24\ Moreover, pipelines must display all information, whether mandatory or optional, on their on- line EBBs. For example, if a pipeline is not now displaying mandatory information on its on-line EBB, it must revise its display format to accommodate that information. --------------------------------------------------------------------------- \24\The contingent fields are filled only when a condition in another field is met. --------------------------------------------------------------------------- As mentioned earlier, the Working Groups are continuing to make refinements in the data sets. In making these refinements, they should make a further effort to clarify how pipelines must implement these requirements, such as which fields pipelines must support and which are optional. Enron suggests the standardized data sets should be minimum requirements that pipelines can supplement to accommodate tariff provisions. As an example, it claims the data sets do not accommodate Florida Gas' proposal to permit several shippers temporarily to combine their capacity rights to facilitate release transactions. The Commission is not sure what flexibility Enron is requesting. Pipelines cannot add or delete fields from the capacity data sets because standardization requires that all pipelines use the same structure for downloading, so shippers can process that information using the same computer software. For example, if pipelines could add new data fields, shippers' ASC X12 software might be unable to interpret the information because the software is keyed to the specific fields on the implementation guide. Moreover, the Working Groups anticipated the need to accommodate special release offers or unique circumstances and included special terms and miscellaneous note fields for providing such details.\25\ As discussed previously, the Commission recognizes that pipelines may uncover difficulties in correlating their information requirements with the downloadable data sets and the Commission anticipated possibly having to make corrections to the data sets. The best way for pipelines to avoid problems is to begin the implementation process immediately so they can report difficulties to the Working Groups for resolution prior to implementation. --------------------------------------------------------------------------- \25\Enron did not describe the specific problem created by combination offers, and the Commission cannot discern why it could not be accommodated within the prescribed data sets. For example, the combination offer could be assigned a single offer number (Data Set I.1, line 3) with any special circumstances described in the miscellaneous field (Data Set I.1, line 52). --------------------------------------------------------------------------- 2. Date and Time Stamps The proposal put forward by Working Groups 1 and 2 included fields identifying the date and time when release offers, bids, withdrawals of bids or offers, and capacity awards are posted on pipelines' EBBs. No consensus was reached over whether fields should be included to identify when pipelines actually received offers, bids, or withdrawals or made the determination to award capacity. The NOPR proposed to require the inclusion of fields for bid receipt date and time, but not for the date and time offers and withdrawals were received or capacity awarded. Since releasing shippers and pipelines may choose the first come, first served method to break ties, the Commission found that routine posting of the bid receipt date and time would permit shippers to verify the award of capacity without having to contact the pipeline. The Commission did not propose to include the date and time fields for receipt of offers and withdrawals or capacity awards, concluding this information was not as important to capacity release transactions as the bid information. The Commission stated, however, that information about the date and time offers and withdrawals were received and capacity awards determined must be provided by the pipelines upon request. Several commenters support the Commission's decision to include only the information about bid receipt in the standardized data sets.26 Some request clarification as to whether pipelines must include both the date and time bids are received and posted as mandatory fields.27 Process Gas Consumers Group contends the Commission should require inclusion of all the contested items. It contends the date and time for receipt of capacity withdrawals is particularly important because releasing shippers have only a limited right to withdraw offers; it maintains the date and time information is needed so bidders can determine whether that right has been exercised validly. It contends pipelines easily can make all the contested information available in electronic form. The National Registry requests that even if pipelines are not required to post information concerning the receipt of offers and withdrawals and determination of capacity awards, they should be required to provide this information in electronic form when requested. --------------------------------------------------------------------------- \2\6Power Generators, AER/MRT, Columbia Gas, Enron. \2\7KGPL (posting date and time should not be mandatory), NGSA (both should be required). --------------------------------------------------------------------------- The Commission adheres to its decision not to require pipelines routinely to post the receipt date and time for capacity offers and withdrawals and the date and time capacity awards are made. The Working Groups could not reach agreement on providing the additional information, and, as stated in the NOPR, the Commission does not find that this information is as crucial to capacity release, or will be needed as frequently, as the bid information. The Commission will not require pipelines to provide the additional information in electronic form, because such a requirement would not be significantly different than requiring the routine, electronic posting of this information, which the Commission has determined is not necessary. The ability of users to obtain the information for offers, withdrawals, and awards upon request appears sufficient. The Commission clarifies that both the bid receipt and bid posting data fields are mandatory. PEC Pipeline Group contends the date and time for bids should be the posting time, arguing if receipt date and time is used, the information would be unreliable because the bids would not have been verified for accuracy. It maintains only the date and time of verified bids should be used to break ties. The Commission agrees, in principle, that the appropriate information to include is the date and time used to break ties. However, in most instances, that will be the date and time bids are received, not when they are verified. For example, when bids are submitted near the end of bidding periods, the pipeline may not verify the bids until after the bid window closes. Under a first come, first served tie breaking system, capacity would be awarded to the highest bid received first in time even if the bid was not verified until later. 3. Operationally Available Capacity The Commission proposed to adopt the Working Group's consensus agreement that pipelines provide information on the amount of unscheduled capacity available at specific locations, such as receipt and delivery points, mainline, or mainline segments. This field serves to identify the capacity that would be available as interruptible service from the pipeline. Edison contends this definition would not allow shippers to determine whether firm or interruptible capacity is available. It suggests operationally available capacity be defined as the capacity a firm shipper can nominate at a point, asserting this definition would include interruptible capacity that can be displaced by a firm shipper. Transco contends the amount of unscheduled capacity is proprietary information that would not be provided in the free market. Williston Basin does not oppose this requirement, but states shippers may be able to use this information only for trend analysis, not for making decisions on a daily basis. The Commission finds the requirement to provide information on operationally available or unscheduled capacity is necessary to comply with the requirement that pipelines identify the interruptible capacity available on their systems.28 The unscheduled capacity at a point reveals the capacity available as interruptible service. In response to Edison's comment, the Commission finds that the consensus approach is adequate at this point to disclose both the firm and interruptible capacity available to potential shippers. The operationally available capacity reveals interruptible service and pipelines also are required to post the firm service they have available.29 The Working Groups still are considering issues relating to operationally available capacity, and the Commission will be open to modification of this definition if needed.30 --------------------------------------------------------------------------- \2\8See 18 CFR 284.9(b)(3). \2\9See 18 CFR 284.8(b)(3). Pipelines would post this information under the capacity offer data set I.1. \3\0For example, the Commission is not certain whether Edison and Transco principally are concerned with the definition of operationally available (or unscheduled) capacity or with the different, albeit somewhat related, issue of whether additional fields are required to divide scheduled (or nominated) capacity into firm and interruptible components. The issue of identifying the firm and interruptible components of nominated capacity is still under deliberation by the Working Groups, and Edison and Transco will have a further opportunity to address these issues in the Working Group meetings. --------------------------------------------------------------------------- ANR asserts that the data field for operationally available capacity should indicate that the data may be estimates. It also suggests an additional data field to enable the pipeline to qualify the accuracy of any information. The Commission agrees with ANR that the information in this field may be estimates and leaves to the Working Groups the decision on whether another field is necessary to convey information about how the estimates are provided. As discussed earlier, NGSA suggested pipelines be required to make compliance filings and it submits that these filings include information on the locations at which operationally available information will be provided, the manner of display, and the timeliness of the data. WEV suggests generally that the information provided under the data sets be as current as the pipeline can provide. While pipelines will not be required to make compliance filings to implement this rule, they should provide users with adequate information about the locations at which they are reporting the information and the timeliness of the information, which should be as current as is possible. Since the Commission will have access to the pipelines' EBBs, it can monitor the adequacy of the information pipelines provide. 4. Disclosure of Minimum Conditions Hadson contends the Commission should eliminate the field providing for disclosure of minimum price terms (Data Set I.1, lines 23 and 24). It contends disclosure of this information while the market is open facilitates collusion among releasing shippers to maintain higher prices in a falling market. The Commission will not eliminate this field because it comports with the Commission's policy of providing releasing shippers with the option of having their minimum conditions posted on the EBB.31 This technical proceeding is not the proper forum to reexamine the Commission's policy in this regard. The Commission notes, however, that, in a free market, sellers can choose to disclose minimum price conditions if they find such disclosure beneficial. For example, stating a minimum price protects against the possibility a deal will fail simply because a buyer submits a bid lower than the minimum price even though it is willing to pay the minimum price if it had known this condition. Moreover, since minimum price terms are public, the Commission can monitor the situation, and eliminate this field, if experience shows it does facilitate collusion. --------------------------------------------------------------------------- \3\1See El Paso Natural Gas Company, 62 FERC 61,311 at 62,999-4 (1993). Releasing shippers choosing not to post their minimum conditions disclose those conditions only to the pipeline which then uses those conditions in evaluating bids. --------------------------------------------------------------------------- B. Communication Protocols 1. Electronic Data Interchange The Commission proposed to adopt the recommendation of Working Group 4 by requiring EBB operators32 to provide for electronic file downloading of the standardized data sets in compliance with ASC X12 EDI standards and an implementation guide to be developed by the Gas*Flow group.33 ASC X12 standards provides an electronic data submission capability that allows computers to exchange information over communication lines using standardized formats. To facilitate these transfers, the ASC X12 standards provide standardized transaction sets for different types of transactions, such as requests for quotations and responses to such requests.34 Since the ASC X12 transaction sets provide generic data groups applicable to a range of potential applications, the transaction sets must be customized to individual applications by correlating or ``mapping'' the specific information to an ASC X12 transaction set through an implementation guide. --------------------------------------------------------------------------- \3\2The Commission is adopting Working Group 4's use of the phrase ``EBB operator'' in the protocols. An EBB operator is either a pipeline or a third-party vendor providing EBB services for a pipeline, and pipelines relying on third-party vendors must ensure they comply with these standards. \3\3Gas*Flow was organized to promote the acceptance of ASC X12 EDI in the gas industry. It is composed of representatives from the gas industry, including local distribution companies, marketers, producers, shippers, and pipelines, and operates under guidance from the Natural Gas Review Committee. \3\4Because the ASC X12 transaction sets have been standardized, commercial software and consulting services are available to assist users in translating data from standard program files to the standardized ASC X12 formats and vice versa. --------------------------------------------------------------------------- The Commission anticipated Gas*Flow would be able to receive industry input and submit a final implementation guide to the Commission within a month after promulgation of the final data sets. The Commission also proposed to require file downloads in a flat ASCII format in accordance with documentation developed by Gas*Flow, but requested comments on whether requiring downloads in ASCII format was needed to supplement the downloads in ASC X12 format.35 --------------------------------------------------------------------------- \3\5The flat ASCII files also could be transmitted electronically over communication lines. --------------------------------------------------------------------------- a. ASC X12. A few comments address the proposed implementation date for ASC X12. Tenneco asserts the April 1, 1994 implementation date should not include EDI compliance, because EDI should be implemented only when trading partners agree. AER/MRT suggest the date is too ambitious for ASC X12 implementation. PEC Pipeline Group maintains ANSI must approve the implementation guide developed by Gas*Flow and asserts obtaining this approval could affect the timing of ASC X12 implementation as well as the commitment of ASC X12 software vendors to guarantee the use of their software with these data sets. Despite these concerns, PEC Pipeline Group is willing to go forward and implement ASC X12 based on Gas*Flow's recommendations. Working Group 4 found that ANSI approval of the data sets was not necessary to go forward with ASC X12 implementation, because the information could be mapped to an existing ASC X12 data set.36 This is the task Gas*Flow will perform. Only one comment suggested that the April 1, 1994, date was too ambitious for ASC X12 implementation. Since the Commission has now extended the implementation date to June 1, 1994, EBB operators should have sufficient time to program their computer systems to make ASC X12 downloads available by that date.37 --------------------------------------------------------------------------- \3\6Working Group 4 Report at 9. \3\7ASC X12 downloads must be made available to any party, including a value added network (VAN). A VAN is a communications or information system providing an aggregation, routing, and delivery service. In effect, a VAN provides a user with an electronic mailbox for receiving information. --------------------------------------------------------------------------- Tenneco argues no implementation date for ASC X12 be set, contending implementation should occur when trading partners agree. As the comments suggest, EBB operators need lead time to modify their system to incorporate ASC X12 downloads. The Commission, therefore, concludes it needs to set a date by which ASC X12 downloads will be available to ensure that users wanting this service can obtain it expeditiously. As specified by Working Group 4, the details of any special arrangements for access to ASC X12 data between the pipeline and a trading partner would be worked out between those parties. Other commenters address the Commission's proposal to use Gas*Flow to prepare the implementation guide. UDC and Tenneco support the use of Gas*Flow, but Tenneco suggests the Gas*Flow documentation should be submitted to the Working Groups prior to submission to the Commission. Columbia Gas believes the Commission's estimate of one month for Gas*Flow to prepare the implementation guide is overly optimistic and provides too little opportunity for the industry to participate in development. The Commission expects Gas*Flow to continue its current procedure of receiving industry comment on its proposed implementation guide and to submit the guide to the Working Groups for their final approval. The extension of the implementation date until June 1, 1994, provides Gas*Flow with sufficient time to obtain industry input and still finalize the implementation guide in time for the industry to meet the June 1, 1994 date. Working Groups 1 and 2 and Gas*Flow should coordinate their efforts to ensure that any additional revisions made by the Working Groups in the data sets are made in sufficient time to ensure that EBB operators can implement the ASC X12 downloads by June 1, 1994. Once the implementation guide is completed, the Commission will include the guide with its data sets. b. ASCII downloads. A number of commenters contend ASCII downloads are not needed to supplement ASC X12.38 They generally argue mandating a second download in ASCII format is not worth the increased expense and maintain the resources could be better devoted to development of ASC X12. They recommend ASCII downloads should remain a pipeline option, as proposed by Working Group 4. AER/MRT and Northwest, on the other hand, recommend ASCII downloads replace ASC X12, contending that ASCII is less costly, and faster and more efficient to implement than ASC X12 and that their customers prefer ASCII to ASC X12. Others support the Commission's proposal of maintaining ASCII as an adjunct to ASC X12 since some users may not have ASC X12 capability and ASCII would ensure those users could download the data.39 --------------------------------------------------------------------------- \3\8Columbia Gas, El Paso (noting software can translate between ASCII and ASC X12); Enron, INGAA (ASC X12 is more comprehensive and ASCII might not be demanded after ASC X12); National (contending EDI software costs only $500), Natural, WEV, and NGSA (customers wanting ASCII should have to pay the costs). \3\9Brooklyn Union and Process Gas Consumers Group (but noting ASCII may be of limited value unless software developers or the users themselves develop programs to extract the needed information). --------------------------------------------------------------------------- The Commission will not substitute ASCII downloads for ASC X12 as suggested by Northwest and AER/MRT. Even if ASCII downloads would be less expensive to prepare initially, as Northwest and AER/MRT contend, the consensus of the industry was to provide for download capability using ASC X12 because it provided significant benefits when compared with downloads using ASCII format. Some of these benefits include the availability of already standardized and well-accepted procedures and the concomitant software and businesses available to implement the technology. The Commission anticipates that, as ASC X12 is more widely used in the gas industry, users will recognize the advantages to using ASC X12, as they have in other industries, and it will become the industry standard for communication. Nevertheless, to ease the transition to ASC X12 for those customers not yet familiar with the ASC X12 technology, the Commission will require EBB operators to provide for downloading capability in a flat ASCII format as well. 2. Protocols for Communications Software and Hardware, Access Requirements, and Log-On Procedures Commenters raise questions about the Commission's proposed protocols relating to the software and modem speeds used to access EBBs, the requirements for obtaining access to EBBs, and the procedures and principles for logging-on to computers. Columbia Distribution argues the Commission's proposed protocols fail to reflect two principles to which the pipelines agreed: the pipelines' recognition of the need to develop a mechanism under which users can log-on to multiple EBBs with one phone call; and their commitment to work in good faith to address other customer concerns, such as log-on procedures, additional file transfer options, and other logistical concerns. IPAA suggests a standardized basic user interface must be developed, as opposed to each pipeline specifying a different communications package. Because the statements mentioned by Columbia Distribution reflected a goal for future discussions, rather than a consensus on specific procedures or principles, the Commission did not include them in its current protocols. The Commission recognizes that further standardization of access requirements could reduce the burden on users which have to access many pipeline EBBs. But Working Group 4 concluded, from its review of pipeline EBBs, that adoption of one standard communication package for accessing EBBs was made impracticable at this time by the proliferation of different hardware and other operating considerations used by the various pipeline EBBs.40 Instead, it reached consensus on the principle that each EBB operator must provide a script detailing its log-on procedures which is compatible with the software package used to access the EBB and must provide for file downloads through VANs.41 The Commission, therefore, will not require further standardization in this area at this time, but will leave any such modifications to the continuing Working Group deliberations. --------------------------------------------------------------------------- \4\0Working Group 4 Report at 6. \4\1By using a VAN, a user could have files from multiple pipelines delivered to its electronic mailbox, obviating the need to log-on to each of the pipelines' EBBs individually. --------------------------------------------------------------------------- Columbia Distribution also asserts some pipelines are proposing to make electronic contracting mandatory for certain transactions; it contends electronic contracting raises legal and business practice issues that should be addressed by the Working Groups. Issues regarding electronic contracting are legal and policy concerns that have been addressed in restructuring or other proceedings42 and are beyond the scope of this rulemaking, which focuses on technical issues of how to exchange information. The Working Groups have more than enough technical issues to consider, and the expertise of these groups lies in the technical, not policy, arena. --------------------------------------------------------------------------- \4\2See Questar Pipeline Company, 62 FERC 61,192 at 62,307-08, aff'd, 64 FERC 61,157 at 62,283-84 (1993); Transcontinental Gas Pipe Line Corporation, 65 FERC 61,023 slip op. at 90-93 (1993). --------------------------------------------------------------------------- Northwest contends the Commission should not require pipelines to support the 2400 baud modem speed because any speed slower than 9600 baud will place too great a burden on the EBB communication network. It recommends each pipeline be able to choose the appropriate modem speed so long as it identifies the hardware necessary to access the EBB. Working Group 4 reached consensus on the principle that pipelines must support a minimum modem speed so all potential users will have reasonable access to the EBBs.43 The Commission will not disturb the consensus, since Working Group 4's rationale is reasonable and the Commission has no data on the impact on user access of permitting pipelines to require higher modem speeds. --------------------------------------------------------------------------- \4\3Working Group 4 Report at 15. --------------------------------------------------------------------------- The Commission recognizes that modem speeds higher than 9600 are in use. The Commission is amending the protocols to provide that EBB operators supporting such higher modem speeds must comply with the recognized national or international standards governing modem communication. Transco recommends changes to three of the communication protocols. First, it argues the Commission should clarify that the requirement for 24-hour EDI access (protocol ID) is subject to two separate contingencies, required periodic maintenance and unpredicted downtime. The Commission sees no need to change this language from what was proposed by Working Group 4; the possibility of unforseen events causing computer problems is well understood and need not be addressed separately. Second, Transco contends the Commission's proposed language on advance authorization for third-party access to commercially sensitive data (protocol IIIA) is unclear because it does not specify that the pipeline's customer must provide the authorization.44 The Commission agrees that the customer must authorize access to commercially sensitive data and will modify this principle accordingly. Third, Transco asserts the Commission's proposed language for log-on scripts (protocol IVB) does not reflect the principle put forward by Working Group 4, because it fails to make clear that the script for customized software packages is part of the customized package, not a separate software code. The Commission will modify this protocol to reflect this principle. --------------------------------------------------------------------------- \4\4A pipeline customer might want to authorize an agent to obtain commercially sensitive information about the customer, such as the customer's nominations, from the EBB. --------------------------------------------------------------------------- C. Common Codes 1. Introduction In the NOPR, the Commission found the post-Order No. 636 business environment and the computerization of capacity release transactions required the development of common, standardized codes in two areas: Codes to identify companies; and common transaction point codes to enable shippers to use a single coding structure to identify pipeline points, particularly interconnect points between pipelines. Working Group 5 had identified, but had not finalized, a process for developing both sets of codes. In the NOPR, the Commission stated that it expected Working Group 5 to finalize its proposal for common company codes by February 1, 1994. For common transaction points, Working Group 5 proposed an approach in which a third-party (code assignor) would prepare a computerized cross-reference table correlating pipelines' proprietary codes (as verified and updated by the pipelines) to a common code. Those wanting to use the common code would maintain the cross-reference table on their computers and could convert proprietary pipeline codes to the common code, and vice versa. The Commission was concerned about the feasibility of this process, at least in the short term, because Working Group 5 had not worked out the details of the approach (such as how to select a code assignor, pay for the costs of the initial assignment and continued maintenance, or distribute the code) and had suggested this process be undertaken by a yet undeveloped gas industry standards board. Due to the importance of this issue, the Commission gave the Working Group until October 1, 1993, to finalize this approach or reach another consensus approach. If no consensus was reached, the Commission proposed to select a common code and require the pipelines to make the translation to the common code. The Commission requested comments on whether it should adopt the PI-GRID code developed by the Petroleum Information Corporation or another common code. Many commenters support the development of a common code and the selection of the PI-GRID code if consensus on an alternative is not reached.45 Columbia Distribution and Exxon contend the pipelines, not the users, should make the translation. Pipelines contend that requiring them to make the translation to the common code would increase costs significantly, because it would affect all their computer operations, such as those for accounting, scheduling, and management, which are based on the use of proprietary codes.46 They assert Commission selection of the common code could impede the cooperative efforts of the industry to date and recommend the Commission permit Working Group 5 to continue its efforts. --------------------------------------------------------------------------- \4\5Power Generators, NYMEX/EnerSoft, WEV, IPAA, Destec Energy, FMA, NGSA, Edison, WEV. \4\6Columbia Gas, Enron, INGAA, KGPL, Natural, Transco, Tenneco. --------------------------------------------------------------------------- On October 12, 1993, Working Group 5 filed its report which detailed its consensus agreement on a code assignor process along the lines of its previous proposal. As discussed below, the Commission is adopting the Working Group's proposal. 2. The Proposal The common code structure proposed by the Working Group would consist of two components. The first would be the code number itself, a 16 digit number, which according to the Working Group, would provide the user with some information about each point.47 The second is a common code data base consisting of data elements that will be associated with each common code. These data elements include such information as the name of the point, the owner operator of the point, a flow indicator showing the direction of gas flow at the point, and a point locator (e.g., geographic coordinates, survey coordinates, or line number or mile marker) to be provided when the information is available. --------------------------------------------------------------------------- \4\7For example, for each non-well facility point, the first two numbers indicate the state; the second three, the county; the next five a surface location within the state; the next two, the facility code; the next two, a sub number identifying components of certain types of facilities (e.g., gas plant inlets from tailgates); and the final two, a detail number identifying multiple facilities at the same location. --------------------------------------------------------------------------- Under the proposal, PI-GRID will be the code assignor and will provide a copy of the data base to any requestor at a price reflecting only its distribution and handling costs. The Working Group also proposes that various Code Distributors will enter into agreements with PI-GRID to distribute the code. These agreements would provide that the Code Distributors would not be able to charge for the data base itself, but would be able to charge for other ``value added'' services, such as selective extraction of information from the data base.48 --------------------------------------------------------------------------- \4\8The Working Group envisions a series of contracts, beginning with a master agreement between PI-GRID and a consortium of the gas industry. If a gas industry standards board eventually is developed, it would then take over this contract. PI-GRID would enter into contracts based on the master agreement with Code Distributors, and the Code Distributors would enter into agreements with users specifying the services Distributor will provide. --------------------------------------------------------------------------- Based on discussions with PI-GRID, the Working Group anticipates six months will be required to establish and validate the common codes for a large majority of interstate pipelines. If the industry begins the coding process this winter, the Working Group expects the creation of a complete common code data base by the 1994-95 winter heating season. Under the proposal, all business will be transacted with pipelines using proprietary codes. Those wanting to use the common code will have to program their computers to translate between common and proprietary codes to communicate with pipelines. Pipelines will be required to verify and validate their proprietary code information to PI-GRID. The proposal also provides for ongoing assignment of new transaction points and modifications to existing points. The information for these revisions must be provided at least ten days before a new or modified code goes into effect. The Working Group states that, at this point, the demand for common codes is unknown; some parties using only one or a small number of pipelines may prefer to continue using proprietary codes. Given this level of uncertainty, the Working Group contends the code assignor process provides a number of benefits compared to a requirement that all pipelines adopt a common code. It provides a verified and validated common code system to those who need it, while ensuring that the costs of using common codes are borne by the users, not those still preferring to use proprietary codes. It will provide consistent communication between pipelines and customers using proprietary codes, avoiding the difficulties that would be created if business transactions and other customer contacts employed different coding systems. And, it will provide an initial first test of the level of demand for, and efficiency of using, a common code. Should a common code prove efficient, the Working Group expects the market to evolve to the point where common codes will be used for all communications. 3. Comments on the Working Group Filing Process Gas Consumers Group and NYMEX/Enersoft raise objections to the code assignor process. Process Gas Consumers Group objects to the shipper having the responsibility for maintaining a rather large data set on its computer and having to develop, or acquire from others, the ``intelligence'' needed to compare capacity release offers among pipelines to identify possible alternative transportation paths.49 It maintains that the most burdensome task facing pipelines is verifying their proprietary codes and that including the common code in the capacity release data sets would not be particularly burdensome. It emphasizes that including such codes in the data sets would be for informational purposes only, and would not require the pipelines to conduct business using the common codes. --------------------------------------------------------------------------- \4\9It also suggests that a common code system could include mile markers or other geographic location information so software could identify delivery points either upstream or downstream of a location. --------------------------------------------------------------------------- NYMEX/EnerSoft contend pipelines should not be able to require customers to communicate using proprietary codes, because users will then have to obtain translation software to convert the common codes to the proprietary codes. It maintains that having the pipelines perform the translation is preferable since there are fewer pipelines than market participants. The other commenters support the code assignor process. AER/MRT supports the use of proprietary codes for communication between pipelines and users, because use of one code will minimize the likelihood of miscommunication. It also argues requiring shippers to perform the translation appropriately requires those using common codes to bear the costs of that use. Gaslantic contends the Commission should ensure that initial and updated common codes are distributed on an open-access basis, and IPAA similarly supports the provision of the data base without cost. The National Registry suggests two clarifications. It is concerned about the possibility that PI-GRID, as code assignor, might delay distribution of the code in order to degrade the value of services provided by competitors. It suggests PI-GRID should be required to file a letter with the Commission when it has completed more than 90% of the cross-referencing for each pipeline and provide the code to distributors at that point. It further contends that information on the location of points (such as geographic coordinates or pipeline line number of mile marker) is critical, but that the proposed data sets requires this information to be included only when available. It maintains the Commission should clarify when this information must be provided, suggesting it should be supplied for path pipelines, but not for point-to-point or network pipelines.50 In line with this request, it suggests the Commission require pipelines to include in their next Form 567 filing an identification of the proprietary point code associated with the points in the flow diagrams.51 --------------------------------------------------------------------------- \5\0It similarly seeks clarification that available information will be validated and become part of the cross-reference table. \5\1Form No. 567 is diagram of the operating conditions on the pipeline's main transmission system for the prior year. 18 CFR 260.8. --------------------------------------------------------------------------- 4. Commission Adoption of the Working Group Proposal Given the level of support for the code assignor process, the Commission accepts the Working Group proposal and will implement it by requiring pipelines to provide a mechanism through which any person can obtain a validated computerized data base that will provide the ability to convert from pipeline proprietary codes to a common code. The Working Group stated the code assignment process could be completed by the start of the 1994-95 winter heating season, and the Commission, therefore, will require the implementation of this approach by November 1, 1994. The Commission also will require pipelines to ensure that the common codes and data base, and any updates, will be provided without charge, except for reasonable distribution and handling fees. The Commission will adopt the data sets as proposed by the Working Group with one modification. The Commission will require that the point locator information be mandatory. The Commission agrees with the commenters that the ability to locate pipeline points in relation to other points on the system is important if users are to use the common code data base to determine if a package of released capacity fits their needs. When pipelines verify their proprietary codes to PI-GRID, they must include information sufficient to enable users to locate a point on one pipeline in relation to other points. At this point, the pipelines can choose the method of locating the points, such as geographic coordinates, line number or line marker, but the Commission envisions that eventually all pipelines should move to using geographic coordinates so that points on different pipelines can be related to each other. Gaslantic and IPAA support the provision of the data base and updates at no cost to the user. The Working Group report states distributors cannot charge more than postage and handling costs for providing the code itself, but can charge for value added services. The Commission is requiring the pipelines to ensure that users can obtain the data base and any updates at a price that reflects only reasonable costs of distribution and handling. Additional charges, however, may be assessed for other value added services relating to updates. The requirement that point locator information be mandatory for all pipelines obviates the requests by the National Registry for a further definition of the term ``available'' to describe when point locator information will be provided and for requiring point location disclosure in Form 567 filings. The provision of point locator information also should satisfy Process Gas Consumers Group's request for geographic location points. The National Registry suggests that the Commission require PI-GRID to file a statement with the Commission when it has completed more than 90% of the cross-referencing for each pipeline and provide the code to distributors at that point. The Commission has set a deadline for final dissemination of the common code data base and finds no reason to require filings as the data are compiled or piecemeal implementation. NYMEX/Enersoft contend pipelines should be required to conduct business using common codes. The Commission will not impose this requirement at this time, since it goes beyond the consensus agreement reached by Working Group 5. Shippers will be able to use the cross- reference table to convert electronically from the common codes to the proprietary codes for communication with the pipeline. Process Gas Consumers Group maintains that including the common codes in the capacity release data sets would be more efficient, although they do not suggest pipelines be required to conduct business using the common code. This suggestion too goes beyond the consensus agreement reached by the Working Groups, and the Commission will not impose it. Moreover, even if the common code (consisting of 16 digits) was included in the capacity release data sets, the efficiency of the process might not be enhanced to a significant degree. The extensive data base that goes along with the common code would not be on the EBBs, and users may very well need the underlying data base to provide the information they require to perform an analysis of capacity paths. As described earlier, the sequence of numbers in the code itself provides users only with limited information, such as identifying the state and county of the point. But the entire common code data base provides additional information about points, such as the point locator information, that users may well need to use the common code effectively in comparing capacity releases over multiple pipelines. The Commission further notes that Working Groups 1 and 2 have included an optional field for common codes which pipelines may make available to their users. Use of this field may provide a test of whether bidders would derive value from access to the common code numbers, without also having the underlying data base available. In conclusion, the Commission finds that the industry has taken a positive step forward by designing a process that will ensure that those wanting to use common codes can do so effectively within a reasonable period of time. The Commission expects use of this system will prove to enhance efficiency by better enabling shippers to manage the transportation of gas supplies across the nationwide pipeline grid. As pipelines review and update their computer and financial systems in light of the changed business environment created by Order No. 636, the Commission expects them to incorporate the use of common codes. Ultimately, the Commission anticipates that the common codes ultimately will become the standard used for all transactions and communications between pipelines and their customers. VII. Issues not Addressed in the Standardized Data Sets and Communication Protocols The Working Group reports included minority positions on some issues, and these issues also were addressed in the comments on the Working Group reports. On several issues, the Commission recommended that the Working Groups continue their efforts to seek resolution, with reports to be made by February 1, 1994. Others involved policy questions which the Commission found were beyond the scope of this proceeding and would be better examined in other fora. A. Proposed Additions to the Standardized Data Sets 1. Index of Purchasers The National Registry proposed that an Index of Purchasers (Index), which would disclose a variety of information about the capacity rights of firm capacity holders, be available on EBBs and through downloadable files.52 It asserted this index could be used to establish the baseline contractual rights of current holders of pipeline capacity, information which it believed was needed so potential purchasers could determine the releasable rights of firm capacity holders. In the NOPR, the Commission did not propose to include the proposed Index because the proposal appeared too burdensome and costly. But the Commission stated it considered a more limited Index to have value in identifying firm shippers with releasable capacity. It suggested the Working Groups work on a cost-effective method of presenting such information. --------------------------------------------------------------------------- \5\2The Commission requires pipeline tariffs to include an index of firm capacity holders, with less detail than what was proposed by the National Registry. Tennessee Gas Pipeline Company, 65 FERC 61,224 slip op. at 182 (1993); 18 CFR 154.41. --------------------------------------------------------------------------- Many commenters contend the benefits of an Index do not warrant the cost, since shippers willing to release capacity are free to post offers to sell and potential purchasers can post so-called want ads, advertising the capacity they want to acquire.53 INGAA suggests the Commission not prejudge the outcome of this issue, but instead permit the Working Group process to determine whether an Index in any form is appropriate. --------------------------------------------------------------------------- \5\3AER/MRT, Columbia Distribution, Con Edison (if Index is adopted, it should be operated independently and funded by subscribers), Enron (too costly and burdensome); KGPL, Natural, UDC, Williston Basin. --------------------------------------------------------------------------- Others contend an Index would be valuable in providing convenient access to baseline information on those holding firm service so buyers could determine whom to approach to negotiate prearranged deals for capacity.54 They contend the Index would replace the index of sales customers pipelines previously maintained and should not be difficult for pipelines to provide. --------------------------------------------------------------------------- \5\4FMA, IPAA, NGSA. --------------------------------------------------------------------------- The Commission will not decide this issue now because it is still being considered by the Working Groups. But the Commission continues to find merit in the concept of providing a cost-effective electronic Index of purchasers and expects the participants in the Working Groups to consider this issue in the same open-minded and conciliatory manner they used to build consensus on other issues in this proceeding. The Commission also did not propose to make data items for contract number and replacement contract number mandatory fields, finding that these items were tied to the proposed Index.\55\ The National Registry contends its request to make contract and replacement contract numbers mandatory fields is independent of the Index. It asserts these data are needed by the Commission, state commissions, and others to create an audit trail to verify the ownership of capacity being released and acquired. --------------------------------------------------------------------------- \55\The releaser's contract number is an optional field and so may be included by pipelines when they deem such information to be necessary for operation of their systems. --------------------------------------------------------------------------- Although the Commission will not require the inclusion of contract and replacement contract number in the data sets at this time, it does recognize that pipelines will need to maintain a correlation between release transactions and the contracts resulting from those transactions for Commission audit requirements if not also for the pipelines' own purposes. Since pipelines must maintain this information in any event, the Working Groups should consider making this information mandatory in the downloadable data sets to make access easier. 2. Nominations for Firm and Interruptible Capacity No consensus was reached in the Working Groups whether to include fields showing confirmed firm and interruptible nominations and a field showing whether no-notice service is available at a location. Proponents of providing this information contended it was needed for releasing shippers and bidders to assess the value of released capacity, while opponents maintained it is not needed to bid on capacity, but would unfairly tilt the market in favor of bidders. The parties also disagreed on the availability, and costs, of providing the information. In the NOPR, the Commission found that the available information did not permit it to resolve the issue. Moreover, the Commission recognized the Working Groups had little time to consider this matter fully and, therefore, strongly encouraged them to continue their discussions and to explore alternatives for providing information relevant to the purchasing of capacity that is operationally feasible to provide at reasonable cost. The comments on the NOPR essentially parallel the previous positions: proponents state the information is needed to make business judgments and is information that would be available in a free market;\56\ opponents contend it would undermine capacity release, is too costly to provide, would not be provided in a free market, and unfairly requires shippers to divulge competitive information that would be used against them.\57\ NGSA and Destec Energy comment that the Commission must be prepared to judge the merits of disputes, like this one, which are based on competing economic interests. FMA asserts that for unresolved disputes, special consideration should be given to the views of end-users, because they are the ones paying for natural gas and transportation. --------------------------------------------------------------------------- \56\Power Generators, Destec Energy, FMA, Edison. \57\Columbia Distribution, Con Edison, Enron, KGPL, National, Natural, Transco, and UDC. --------------------------------------------------------------------------- The Commission finds that the Working Groups should continue to examine and explore means of reaching a compromise on this issue. The Commission does not agree that the views of any one group should predominate over others. The parties should seek to accommodate each other's interests, as they have on other issues, a process more likely to produce a resolution preferable to both sides than if the Commission decides. Should agreement on whether to provide the information prove elusive, the parties should, at a minimum, seek to agree upon a cost effective method of providing the information if the Commission determines it is necessary. B. Communication Protocols for Uploading Files and Downloading Subsets of Files In the NOPR, the Commission stated that development of standards permitting users to transmit (upload) files to the pipelines' computers as well as to download subsets of files could increase the efficiency of the capacity allocation mechanism. File upload capability, for example, would permit bidders to submit their bids electronically without having to sign-on to the pipelines' on-line EBBs. The ability to download a subset of a capacity release file, such as release information received after a certain date, would permit users to eliminate unneeded information from the files they download and also increase the efficiency of the communication process. The Commission endorsed Working Group 4's plan to continue its efforts to develop these capabilities. Many commenters support file uploading to provide efficient communication.\58\ Others, principally pipelines, raise questions about file uploading. They contend file uploading is not as well suited as on-line EBBs to handling bids submitted near the close of bidding periods, because, unlike EBBs, uploading is not an interactive system permitting immediate notification to bidders of errors in their bids.\59\ --------------------------------------------------------------------------- \58\Power Generators, Columbia Distribution, Con Edison, NYMEX/ EnerSoft, Edison, Tenneco (noting effort should not be oversimplified), WEV, and Williston Basin (noting uploads must be coordinated with interactive EBBs, especially at the end of bidding periods when quick action is needed). \59\El Paso, Natural, Transco, Northwest, KGPL, National (also may expose pipelines' computers to security risks, such as viruses). --------------------------------------------------------------------------- Edison states downloading of file subsets should be a priority. Columbia Gas maintains downloads of subsets based on dates is reasonable, but adding other criteria could be burdensome, while Williston Basin contends any subset downloads would be too expensive. UDC suggests the Commission should not mandate file uploading or downloading of file subsets, but should trust the market to develop these capabilities if they are needed. The Commission is convinced that the development of effective file uploading and subset downloading capability would markedly enhance communication efficiency related to capacity release. Working Group 4 should continue to assign a high priority to developing standards in this area. The Commission recognizes the concerns with uploads submitted close to the end of the bidding period, but is confident the Working Groups can develop the necessary standards to deal with this issue.\60\ --------------------------------------------------------------------------- \60\For example, one possible approach the Working Groups could consider is whether all bids received within some time period prior to the close of the bidding period should be treated as having been received at the same time. --------------------------------------------------------------------------- C. Standardization of Non-Capacity Release Business Transactions The industry established Working Group 3 to consider the development of standards relating to business practices, other than capacity release, resulting from the business changes fostered by pipeline restructuring under Order No. 636. In its report, the Working Group did not propose any standards; it outlined the areas of highest priority and its process for continuing to examine these issues. Several commenters support the continuation of these efforts, maintaining standardization of these business data is critically important to the industry.\61\ Vesta contends the Commission should require the pipelines now to provide the 16 data items tentatively established by Working Group 3 as being the most critical. Others oppose the continuation of Working Group 3's deliberations, arguing standards in these areas are not required by Order No. 636 and the Commission should limit its promulgation of standards to those essential for capacity release.\62\ --------------------------------------------------------------------------- \61\Exxon, NGSA, O&R. \62\PEC Pipeline Group, UDC, Tenneco. --------------------------------------------------------------------------- The Commission has recognized the restructuring occasioned by Order No. 636 likely will result in changes to business practices, apart from capacity release, which could require further standardization.\63\ Standardizing capacity release information was the first step in this process, but now the Working Groups should turn their attention to standards for these other business transactions. --------------------------------------------------------------------------- \63\See Order No. 636-A, III FERC Stats. & Regs. Preambles at 30,459 (standards may be needed to ensure efficient movement of gas across pipelines); March 10, 1993, Notice (capacity release standards first step in standardization). --------------------------------------------------------------------------- From over 66 items proposed for review, Working Group 3 found 33 to be of high priority, and of those 33, focused its initial review on ten elements.\64\ In the Commission's view, standardization of these ten, or most of them, would provide a good departure point for this effort. The Commission realizes all facets of the industry may not have equal need for all these elements, but these elements would appear to have wide enough coverage that the benefits from standardization will be widespread. Moreover, once standards are in place, those who may not now perceive a need for standards, may come to realize the standards will make their business more efficient, and even those who do not need the standards themselves, stand to benefit if other segments of the industry become more efficient.\65\ The Working Group should propose an appropriate implementation schedule for the ten identified data elements. The Working Group also should continue its efforts to identify which of the remaining 23 high priority data elements, as well as any others, require standardization and propose a schedule for implementation of standards for these elements as well. --------------------------------------------------------------------------- \64\The ten elements were: timely flowing volume; timely volume allocation reports; predetermined allocations and shipper ranking; imbalance status; customer scheduled receipts and deliveries; customer specific curtailment/interruption information; customer specific operational flow orders; daily nominated volume acknowledgement; customer penalty status; and input and modify gas nominations. Working Group 3 Report at 5-6. \65\For example, if standards reduce producers' costs or result in making gas a more viable option for fuel switchable users, all will benefit from lower prices and greater use of the gas transportation system. --------------------------------------------------------------------------- D. Policy Issues The minority reports and initial comments raised questions about three policy issues: the method of recovering the costs of standardization, pipeline disclaimers of liability for EBB operation, and the disclosure of non-price considerations underlying capacity release transactions. The Commission stated in the NOPR that such substantive policy issues are beyond the scope of this proceeding and are more appropriately considered in individual proceedings. 1. Costs of Standardization In the NOPR, the Commission recognized the concern of firm shippers that the costs of compliance with the EBB standards should be spread equitably across all those benefitting from the standards. The Commission encouraged the industry to consider methods for ensuring equitable sharing of such costs, such as user or access fees. Many commenters support development of a fair and equitable method of allocating costs.\66\ Transco and Williston Basin maintain EDI, in particular, is not suitable for all customers and suggest the costs of implementing this technology should be borne by those benefitting from it. PSCW contends LDCs should not have to subsidize the costs of providing information benefitting other parties and suggests an incremental pricing system for all information beyond a basic level. A number of commenters are concerned about leaving the issue solely to rate cases.\67\ They maintain the policy needs to be consistent across pipelines and urge the Commission to decide on the method for allocating costs in this proceeding or in another generic proceeding, leaving implementation to individual rate cases. Power Generators opposes inclusion of this issue in the Working Groups, because the success of the Groups was due to their focus on technical issues. --------------------------------------------------------------------------- \66\AGA. UDC, WEV. \67\AER/MRT, Brooklyn Union, Columbia Distribution, UDC. --------------------------------------------------------------------------- El Paso, Tenneco, and INGAA contend user or access fees are not appropriate for recovery of upfront costs, and Natural expresses concern that access fees may not be sufficient to compensate pipelines.68 FMA suggests, in the absence of consensus on a new approach, the proper approach is to continue with the Order No. 636 policy of recovering fixed costs through reservation charges and only variable costs through usage charges. --------------------------------------------------------------------------- \6\8INGAA suggests direct charges may be appropriate for additional services and features that go beyond the standards to be adopted by the Commission. --------------------------------------------------------------------------- In general, the Commission finds that its previous policy of permitting the pipelines to recover fixed costs through a reservation charge and only variable costs through a usage charge is appropriate for the basic EBB service. This basic service includes, at a minimum, the downloadable data sets and communication protocols established in this rule, which the Commission finds are necessary to promote a viable capacity release market and should provide generalized system-wide benefits to all users of the pipeline grid. Until additional standards are presented, the Commission cannot determine whether they provide sufficient benefits to the industry as a whole to warrant inclusion in the basic EBB package. For enhancements to the basic EBB service, which are not of general benefit, the Commission is open to considering cost recovery approaches that will recover fixed costs from the limited number of users deriving benefit from the service. The Commission encourages the industry to pursue such approaches. As an example, pipelines could consider using a process for recovering the costs of enhancements to the standard EBB package from only those customers that subscribe to the enhancements. The pipeline could explore with the users of its EBB the costs of providing a particular service or group of services and methods of recovering these costs from the subscribing users, such as through access fees, reservation charges, or direct charges. The pipeline and the users also could establish mechanisms for reimbursing the initial subscribers if additional users later evince an interest in obtaining the services. Once having obtained agreement from those customers desiring the service, the pipeline could make a tariff filing to establish the method of recovery or submit an application or petition for a declaratory order requesting advance Commission review of the proposed costs and charges.69 --------------------------------------------------------------------------- \6\918 CFR 385.204, 385.207. This process would be similar to the advance approval for research, development, and demonstration projects. 18 CFR 154.38(d)(5). --------------------------------------------------------------------------- 2. Liability Several commenters suggest the liability standard for EBB operations should be the same across all pipelines and, therefore, should be resolved either in this proceeding or in another generic proceeding.70 Peoples Gas, et al., supports consideration of the issue in individual proceedings, but suggests the Commission restate here its standard that pipeline liability for EBB operations should be no different than for other operations. UDC asks the Commission to state that it will enforce its standard. Some parties contend the Commission should adopt a new standard, arguing EBBs are not like other pipeline operations since parties other than the pipeline are responsible for providing information.71 Because verification of such information is time consuming, they recommend each party ensure the accuracy of the information it provides. Con Edison, in contrast, argues that pipeline tariff provisions regarding EBB user indemnification of the pipeline are too onerous and hold the EBB user to a higher standard of responsibility than applies to the pipeline. Enron contends the issue is beyond the scope of this proceeding. --------------------------------------------------------------------------- \7\0Columbia Distribution, Con Edison, NGSA, NYMEX/EnerSoft. \7\1Tenneco, Con Edison, NYSEG, WEV (knowingly providing false information should subject provider to damages). --------------------------------------------------------------------------- The Commission agrees that this issue goes beyond the technical concerns with standards development which were the focus of this proceeding. The Commission can determine policy related issues in individual cases without having to establish a new generic proceeding and already has addressed this issue in restructuring orders. The Commission has adopted the principle that a pipeline's liability for EBB operations should be the same as for its other operations.72 The Commission also has addressed user liability standards in individual restructuring orders based upon the specific pipeline EBB agreement.73 In general, the Commission has determined that a user's liability for unauthorized use of a customer identification number is limited to negligence or a wrongful act. --------------------------------------------------------------------------- \7\2Algonquin Gas Transmission Company, 65 FERC 61,019 slip op. at 23-24 (1993); Great Lakes Gas Transmission Limited Partnership, 65 FERC 61,004 slip op. at 29-30 (1993). \7\3South Georgia Natural Gas Company, 64 FERC 61,251 slip op. 11-12 (1993); East Tennessee Natural Gas Company, 65 FERC 61,223 (1993). --------------------------------------------------------------------------- 3. Non-Price Considerations O&R contends standards are needed to guard against capacity releases involving deals for indirect consideration, such as capacity release transactions tied to gas supply arrangements. It asserts this issue is not better addressed in individual proceedings, but requires a definitive policy statement. The Commission adheres to its conclusion that this issue is outside the scope of this technical rulemaking and should not be an issue considered by the continuing Working Group sessions. The Commission has addressed this concern in individual restructuring proceedings based on the facts and circumstances in each case.74 As pointed out previously, should the Commission decide a general policy in this area is required in the future, the Commission need not articulate its policy through a generic proceeding, but can do so in individual proceedings. --------------------------------------------------------------------------- \7\4See Northwest Pipeline Corporation, 63 FERC 61,124 at 61,803 (1993); Pacific Gas Transmission Company, 64 FERC 61,052 at 61,455-56 (1993). --------------------------------------------------------------------------- E. Gas Industry Standards Board Several of the Working Group reports, and initial comments, endorsed the development of a Gas Industry Standards Board (GISB) which ultimately would replace the Working Groups and continue the development and maintenance of industry-wide standards. In the NOPR, the Commission stated it was interested in this concept and invited submission of a proposal as to how it would operate. Many commenters support an industry standards board in concept as long as all industry segments are represented, but noted the concept is still in the planning phase so any detailed comments would be premature.75 A number of commenters emphasized that the GISB concept should not interfere with the on-going efforts of the Working Groups. El Paso did not support an industry standards board unless it was limited to communication format standards, and O&R contended such a board should be an advisory panel only. Con Edison, in contrast, contends the scope of the board should be extended beyond electronic communication to include standardization relating to pipeline operations, imbalances, and nominations. --------------------------------------------------------------------------- \7\5See Power Generators, Northwest, Tenneco, Williston Basin, AGA, AER/MRT, AGD, Brooklyn Union, Columbia Distribution, Columbia Gas, Destec Energy, Exxon, NGSA, Process Gas Consumers Group , IPAA, KGPL, Transco, UDC, Natural, Peoples Gas, et al., Edison, Texaco, PEC Pipeline Group. --------------------------------------------------------------------------- On November 2, 1993, the Commission met with representatives from the Natural Gas Council to hear a report on the progress of GISB. The Commission remains interested in this concept and looks forward to a detailed proposal. When the Commission receives a proposal, it will give close consideration to the effects of such an independent industry standardization effort on all facets of the gas industry, Commission regulation, and state regulation. In the meantime, the Working Group efforts should continue apace. The Working Groups should not defer or delay the development of standards in anticipation of the formation of a standards board. Moreover, they should ensure their proposals can stand alone and should not rely upon the eventual existence of a standards board as the means to administer the standards. VIII. 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.76 The Commission has categorically excluded certain actions from these requirements as not having a significant effect on the human environment.77 The action taken here falls within the categorical exclusions in the Commission's regulations for rules that are clarifying or procedural and that relate to information gathering, analysis, and dissemination.78 Therefore, an environmental assessment is unnecessary and has not been prepared in this rulemaking. --------------------------------------------------------------------------- \7\6Order No. 486, Regulations Implementing the National Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. Preambles 1986-1990 30 (1987). \7\718 CFR 380.4. \7\8See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5). --------------------------------------------------------------------------- IX. Regulatory Flexibility Act Certification The Regulatory Flexibility Act of 1980 (RFA)79 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. --------------------------------------------------------------------------- \7\95 U.S.C. 601-612. --------------------------------------------------------------------------- X. Information Collection Requirement Office of Management and Budget (OMB) regulations require approval of certain information collection requirements imposed by agency rules.80 The information/EBB requirements of this final rule are under FERC-549(B), Gas Pipeline Rates: Capacity Release Information, (OMB Control No. 1902-0169). --------------------------------------------------------------------------- \8\05 CFR 1320.14. --------------------------------------------------------------------------- The required information under FERC-549(A) enables the Commission to carry out its legislative mandate under the NGA and NGPA and will ensure a viable capacity release market under Commission Order No. 636. Specifically, the required information allows the Commission to review/ monitor capacity release transactions and firm and interruptible capacity made available directly from pipelines and to take appropriate action, where and when necessary. The Commission is submitting notification of these information/EBB requirements to OMB for its review and approval. Interested persons may send comments regarding the burden estimates or any other aspect of these EBB standards/information requirements, including suggestions for reducing the estimated burden, 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 final 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]. XI. Effective Date This final rule shall take effect February 4, 1994. List of Subjects in 18 CFR Part 284 Continental shelf, Natural gas, Reporting and recordkeeping requirements. By the Commission. Lois D. Cashell, Secretary. In consideration of the foregoing, part 284, chapter I, title 18, Code of Federal Regulations, is amended as set forth below. PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES 1. The authority citation for part 284 continues to read as follows: Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7532; 43 U.S.C. 1331-1356. 2. In Sec. 284.8, paragraph (b)(5) is redesignated paragraph (b)(6) and new paragraph 284.8(b)(5) is added to read as follows: Sec. 284.8 Firm transportation service. * * * * * (b) * * * (5) Standardization of information provided on Electronic Bulletin Boards. (i) An interstate pipeline must provide access to standardized information relevant to the availability of service on its system on its Electronic Bulletin Board and through downloadable files in compliance with standardized communication protocols. The standardized information and the communication protocols are found in ``Standardized Data Sets And Communication Protocols,'' which can be obtained from the Public Reference and Files Maintenance Branch, Federal Energy Regulatory Commission, 941 North Capitol Street NE., Washington DC 20426. (ii) An interstate pipeline must implement these standards, procedures, and protocols by June 1, 1994, unless the Standardized Data Sets And Communication Protocols specify an implementation date. * * * * * 3. In Sec. 284.9, paragraph (b)(4) is revised to read as follows: Sec. 284.9 Interruptible transportation service. * * * * * (b) * * * (4) The requirement of paragraph (b)(3) of this section must be implemented through the use of an Electronic Bulletin Board with the features required under Sec. 284.8(b)(4) and complying with Sec. 284.8(b)(5). * * * * * Note: This Appendix will not appear in the Code of Federal Regulations. Appendix A--Parties Filing Comments on the Notice of Proposed Rulemaking Docket No. RM93-4-000 ------------------------------------------------------------------------ Commenter Abbreviation ------------------------------------------------------------------------ Ad Hoc Group of Power Generators\81\ and Edison Power Generators. Electric Institute. American Gas Association........................... AGA. ANR Pipeline Company and Colorado Interstate Gas ANR/CIG. Company. Arkla Energy Resources Company and Mississippi AER/MRT. River Transmission Corporation. Associated Gas Distributors........................ AGD. Brooklyn Union Gas Company......................... Brooklyn Union. Columbia Gas Distribution Companies\82\............ Columbia Distribution. Columbia Gas Transmission Corporation and Columbia Columbia Gas. Gulf Transmission Company. Consolidated Edison Company of New York, Inc....... Con Edison. Destec Energy, Inc................................. Destec Energy. El Paso Natural Gas Company........................ El Paso. Enron Interstate Pipelines (Northern Natural Gas Enron. Company, Transwestern Pipeline Company, and Florida Gas Transmission Company). Exxon Corporation.................................. Exxon. Fuel Managers Association.......................... FMA. Hadson Gas Systems, Inc............................ Hadson. Independent Petroleum Association of America....... IPAA. Interstate Natural Gas Association of America...... INGAA. Koch Gateway Pipeline Company...................... KGPL. National Fuel Gas Supply Corporation............... National. National Registry of Capacity Rights............... National Registry. Natural Gas Pipeline Company of America............ Natural. Natural Gas Supply Association..................... NGSA. New York Mercantile Exchange and Enersoft NYMEX/EnerSoft. Corporation. New York State Electric & Gas Corporation.......... NYSEG. Northwest Pipeline Corporation..................... Northwest. O&R Energy, Inc.................................... O&R. Peoples Gas Light and Coke Company, North Shore Gas Peoples Gas, et al. Company, and Northern Illinois Gas Company. Process Gas Consumers Group, American Iron and Process Gas Steel Institute, and Georgia Industrial Group. Consumers Group. Public Service Commission of Wisconsin............. PSCW. Sabine Pipe Line Company........................... Sabine. Southern California Edison Company................. Edison. Tenneco Gas........................................ Tenneco. Texaco, Inc........................................ Texaco. Texas Eastern Transmission Corporation, Panhandle PEC Pipeline Group. Eastern Pipe Line Company, Trunkline Gas Company, and Algonquin Gas Transmission Company. Transcontinental Gas Pipe Line Corporation......... Transco. UGI Utilities, Inc................................. UGI. United Distribution Companies...................... UDC. Vesta Energy Company............................... Vesta. Williams Energy Ventures, Inc...................... WEV. Williston Basin Interstate Pipeline Company........ Williston Basin. ------------------------------------------------------------------------ \81\This group includes American Electric Power Service Corporation, Atlantic City Electric Company, Boston Edison Company, Energy Service, Inc., Fuel Managers Association, New England Power Service Company, Northern States Power Company, Northeast Utilities, Potomac Electric Power Company, Southern Company Services, Virginia Electric and Power Company, West Texas Utilities Company, and Wisconsin Electric Power Company. \82\Columbia Gas of Kentucky, Inc., Columbia Gas of Maryland, Inc., Columbia Gas of Ohio, Inc., Columbia Gas of Pennsylvania, Inc., and Commonwealth Gas Services, Inc. [FR Doc. 94-45 Filed 1-4-94; 8:45 am] BILLING CODE 6717-01-P