[Federal Register Volume 59, Number 151 (Monday, August 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18868]


[[Page Unknown]]

[Federal Register: August 8, 1994]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 35 and 154

[Docket No. RM94-19-000; Order No. 568]

 

Filing Requirements for Public Utility and Interstate Natural Gas 
Company Rate Schedules and Tariffs


    Issued July 28, 1994.

AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
modifying Parts 35 and 154 of its regulations to require that public 
utilities and interstate natural gas companies file with the Commission 
and serve on parties a marked version of proposed rate schedule and 
tariff changes that highlights new language and shows deleted language 
by strikeout.

EFFECTIVE DATE: September 7, 1994.

FOR FURTHER INFORMATION CONTACT: Richard A. White, Office of the 
General Counsel, Federal Energy Regulatory Commission, 825 North 
Capitol Street, NE., Washington, DC 20426, (202) 208-0491.

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 baud, full duplex, no parity, 8 data 
bits and 1 stop bit. The full text of the document 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 3308, 941 North Capitol Street, NE., Washington, DC 20426.

    Before Commissioners: Elizabeth Anne Moler, Chair; Vicky A. 
Bailey, James J. Hoecker, William L. Massey, and Donald F. Santa, 
Jr.

I. The Revised Filing Requirements

    The Federal Energy Regulatory Commission (Commission) is amending 
Parts 35 and 154 of its regulations to require public utilities and 
interstate natural gas companies to file a marked version of proposed 
rate schedule and tariff changes that highlights new language and shows 
deleted language by strikeout. The changes to the Commission 
regulations are to be effective on September 7, 1994.
    On April 15, 1994, the Commission received a joint petition from 18 
parties\1\ (petitioners), representing a broad array of gas and 
electric industry interest groups that participate in Commission 
proceedings. Petitioners requested that natural gas companies\2\ and 
public utilities\3\ include in any filing that changes an existing rate 
schedule or tariff a ``redlined'' version of the rate schedule or 
tariff showing all the changes on the pages to be superseded, 
supplemented, or otherwise changed with the replacement pages.
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    \1\American Forest & Paper Association, Fuel Managers 
Association, American Iron and Steel Institute, American Public Gas 
Association, American Public Power Association, Associated Natural 
Gas, Chemical Manufacturers Association, Electricity Consumers 
Resource Council, Electric Generating Association, Hadson Gas 
Systems, The Fertilizer Institute, Natural Gas Clearinghouse, 
Northeast Energy Associates, Northwest Industrial Gas Users, Process 
Gas Consumers Group, Producer-Marketer Transportation Group, Public 
Service Commission of the State of New York, and Texas Independent 
Producers and Royalty Owners Association.
    \2\As defined in the Natural Gas Act, 15 U.S.C. 717a(6) (1988).
    \3\As defined in the Federal Power Act, 16 U.S.C. 824(e) (1988).
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    In support of their request, the petitioners state that the 
Commission's current filing regulations only require that regulated 
companies provide a ``brief description of the rate schedule 
change''\4\ or a ``statement of the nature'' of the proposed 
change.''\5\ Petitioners state that it is very difficult for interested 
parties to quickly understand what changes are being made. Petitioners 
state that the burden of requiring regulated companies to provide 
marked versions is small because of the widespread availability of 
computerized highlighting capability.
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    \4\18 CFR 35.13(b)(4).
    \5\18 CFR 154.63 (b)(ii).
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    The Commission agrees with the petitioners. Commission staff and 
interested parties typically spend an appreciable amount of time 
performing side-by-side comparisons of the different versions of a 
document in order to understand the changes. To facilitate review of 
the documents, for each copy of the filing otherwise required by these 
regulations a marked version of the filing showing the deletions and 
additions must be submitted to the Commission and serve on the parties. 
Marking of the text may be achieved in a number of ways. The new 
language must be marked by highlight, background shading, bold text or 
underlined text. Deleted language must be indicated by strike-through. 
Much time and resources will be saved by the change. Therefore, the 
Commission is adopting the proposed changes to its regulations.

II. Public Reporting Burden

    The Commission estimates the public reporting burden for the 
collection of information under the rule will increase the existing 
reporting burden by an average of 45 minutes per response. Filed 
documents are typically produced using word processors, and most word 
processing programs have the capability to provide documents in the 
marked version. Further, little effort is required to produce a marked 
version by hand, if necessary. The average number of responses to be 
submitted to the Commission is four times a year. The number of 
respondents is estimated to be 234 for public utilities and 50 for 
interstate natural gas pipeline companies. The annual reporting burden 
associated with this information collection requirement is 702 hours 
for electric filings and 748 hours for gas filings for a combined total 
of 1450 hours.
    Interested persons may send comments regarding these burden 
estimates or any other aspect of this information collection, including 
suggestions for reducing the 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], and to the Office of Information and Regulatory Affairs, 
Office of Management and Budget, Washington DC 20503 (Attention: Desk 
Officer for the Federal Energy Regulatory Commission), FAX: (202) 395-
5167.

III. Regulatory Flexibility Act Certification

    The Regulatory Flexibility Act (RFA)\6\ requires agencies to 
prepare certain statements, descriptions and analyses of proposed rules 
that will have a ``significant economic impact on a substantial number 
of small entities.'' The Commission is not required to make such 
analyses if a rule would not have such an effect.
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    \6\5 U.S.C. 601-612.
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    The Commission does not believe that this rule will have such an 
impact on small entities. Most filing companies regulated by the 
Commission do not fall within the RFA's definition of small entity.\7\ 
Further, even small entities could produce the marked filing with 
common office copier and a pen. Therefore, the Commission certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities.
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    \7\5 U.S.C. 601(3), citing to section 3 of the Small Business 
Act, 15 U.S.C. 632. Section 3 of the Small Business Act defines a 
``small-business concern'' as a business which is independently 
owned and operated and which is not dominant in its field of 
operation.
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IV. Environmental Statement

    The Commission has excluded certain actions not having a 
significant effect on the human environment from the requirement to 
prepare an environmental assessment or an environmental impact 
statement.\8\ No environmental consideration is raised by the 
promulgation of a rule that is clarifying, corrective, or procedural or 
that does not substantially change the effect of legislation or 
regulations being amended.\9\ The instant rule is purely procedural. 
Accordingly, no environmental consideration is necessary.
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    \8\18 CFR 380.4.
    \9\18 CFR 380.4(a)(2)(ii).
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V. Information Collection Statement

    The Office of Management and Budget's (OMB) regulations\10\ require 
that OMB approve certain information and recordkeeping requirements 
imposed by an agency. The information collection requirements in this 
final rule are contained in FERC-516 ``Electric Rate Schedule Filings'' 
(1902-0096) and FERC-542 ``Gas Pipeline Rates: Initial Rates, Rate 
Change & Tracking'' (1902-0070); FERC-544 ``Gas Pipeline Rates: Rate 
Change (Formal)'' (1902-0153) and FERC-545 ``Gas Pipeline Rates: Rate 
Change (Non Formal)'' 1902-0154.
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    \10\5 CFR 1320.14.
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    The Commission is issuing this final rule to require that all 
material filed with the Commission be marked to indicate changes to the 
rate schedules and tariffs, whether they be additions or deletions. The 
Commission uses the information to carry out its regulatory 
responsibilities pursuant to the Energy Policy Act of 1992, the Federal 
Power Act and the Natural Gas Act. The Commission's Office of Electric 
Power and Regulation (OEPR) uses the information for review of electric 
rate filings. The Commission's Office of Pipeline Regulation uses the 
information to review rate filings by natural gas pipelines for the 
transportation of gas.
    The Commission is submitting to the Office of Management and Budget 
a notification of these collections of information. Interested persons 
may obtain information on these reporting requirements 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 this rule 
can be sent to the Office of Information and Regulatory Affairs of OMB, 
Washington, D.C. 20503, (Attention: Desk Officer for Federal Energy 
Regulatory Commission) FAX: (202) 395-5167.

VI. Administrative Findings and Effective Date

    The Administrative Procedure Act (APA) exempts certain rules from 
notice and comment requirements.\11\ Specifically, the APA exempts 
``rules of agency organization, procedure, or practice'' from the 
requirements for notice and comment.\12\ The requirement to file marked 
versions of filings qualifies for exemption as a procedural rule 
because it does not affect the substantive rights of a party.
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    \11\5 U.S.C. 553(b)(3).
    \12\5 U.S.C. 553(b)(3)(A).
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    This order is effective on September 7, 1994.

List of Subjects in 18 CFR Parts 35 and 154

    Public Utilities, Natural Gas Companies, Rate Schedules and 
Tariffs.

    By the Commission.
Lois D. Cashell,
Secretary.

    In consideration of the foregoing, the Commission amends Parts 35 
and 154 in Chapter I, Title 18, Code of Federal Regulations, as set 
forth below.

PART 35--FILING OF RATE SCHEDULES

    1. The authority citation for part 35 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352.

    2. In Sec. 35.10, a new paragraph (c) is added to read as follows:


Sec. 35.10  Form and style of rate schedules.

* * * * *
    (c) At the time a public utility files with the Commission and 
posts under this part to supersede, supplement, or otherwise change the 
provisions of a rate schedule previously filed with the Commission 
under this part, in addition to the other requirements of this part, it 
must file and post a marked version of the pages to be changed showing 
additions and deletions. The new language must be marked by either 
highlight, background shading, bold text, or underlined text. Deleted 
language must be marked by strike-through. A marked version of the 
pages to be changed must be included in each copy of the filing 
required to be filed or posted by this part.

PART 154--RATE SCHEDULES AND TARIFFS

    3. The authority citation for Part 154 continues to read as 
follows:

    Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.

    4. In Sec. 154.63, a new paragraph (b)(1)(v) is added to read as 
follows:


Sec. 154.63  Changes in a tariff, executed service agreement or part 
thereof.\1\
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    \1\The provisions of this section shall not be applicable to 
filings made pursuant to Secs. 154.81 through 154.86, unless such 
filing results in a change in rate, charge, classification or 
service.
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* * * * *
    (b) Material to be submitted--(1) All filings.
* * * * *
    (v) A marked version of the pages to be changed or superseded 
showing additions and deletions. All new language must be marked by 
either highlight, background shading, bold text, or underlined text. 
Deleted language must be indicated by strike-through. A marked version 
of the pages to be changed must be included in each copy of the filing 
required by these regulations.
* * * * *
[FR Doc. 94-18868 Filed 8-5-94; 8:45 am]
BILLING CODE 6717-01-M