[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Notices]
[Pages 57678-57679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25223]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC03-121-000, FERC Form 121]


Commission Information Collection Activities, Proposed 
Collection; Comment Request; Extension

September 29, 2003.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3506(c)(2)(a) 
of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A), the 
Federal Energy Regulatory Commission (Commission) is soliciting public 
comment on the specifics of the information collection described below.

DATES: Comments on the collection of information are due by December 1, 
2003.

ADDRESSES: Copies of the proposed collection of information can be 
obtained from Michael Miller, Office of the Executive Director, ED-30, 
888 First Street NE., Washington, DC 20426. Comments may be filed 
either in paper format or electronically. Those parties filing 
electronically do not need to make a paper filing.
    For paper filings, the original and 14 copies of such comments 
should be submitted to the Office of the Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and 
refer to Docket No. IC03-121-000.
    Documents filed electronically via the Internet must be prepared in 
WordPerfect, MS Word, Portable Document Format, or ASCII format. To 
file the document, access the Commission's Web site at http://www.ferc.gov and click on ``Make an E-filing,'' and then follow the 
instructions for each screen. First time users will have to establish a 
user name and password. The Commission will send an automatic 
acknowledgment to the sender's E-mail address upon receipt of comments.
    All comments may be viewed, printed or downloaded remotely via the 
Internet through FERC's homepage using the eLibrary link. For user 
assistance, contact [email protected] or toll-free at (866) 
208-3676 or for TTY, contact (202) 502-8659.

FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by 
telephone at (202)502-8415, by fax at (202)273-0873, and by e-mail at 
[email protected]. Copies of FERC Form 121 are available from Mr. 
Miller.

SUPPLEMENTARY INFORMATION: The information collected under the 
requirements of FERC Form 121 ``Application for Determination of the 
Maximum Lawful Price Under the Natural Gas Policy Act'' (OMB Control 
No. 1902-0038) is used by the Commission to implement the statutory 
provisions of Section 503 of the Natural Gas Policy Act of 1978 (NGPA), 
15 U.S.C. 3413. In Order No. 616, (July 14, 2000) the Commission 
reinstated provisions for making well category determinations under 
Section 503 of the Natural Gas Policy Act for certain categories of 
high cost gas.
    When the determinations are made, natural gas producers can claim 
tax credits as provided for under section 29 of the Internal Revenue 
Code (Section 29 tax credit). Section 29 as amended by the Revenue 
Reconciliation Act of 1990, allows taxpayers to claim a tax credit for 
certain qualified fuels which (1) are produced from wells drilled after 
December 31, 1979, and before January 1, 1993, and (2) sold before 
January 1, 2003. The qualified fuels include high cost gas as defined 
in NGPA section 107(c)(2)-(4) (gas produced from geopressured brine, 
coals seams and Devonian shale), as well as some gas the Commission 
defined as tight formation gas pursuant to NGPA section 107(c)(5). In 
1999, the United States Court of Appeals for the Tenth Circuit in True 
Oil Co. v. Commissioner of Internal Revenue (True Oil) (170 F.3d 1294) 
(10th Cir. 1999), held that, in order to obtain the tax credit, there 
must be a formal determination under the procedures provided for by 
section 503 of the Natural Gas Policy Act. Section 503 of the NGPA, set 
forth procedures used for determining whether gas qualified as section 
107(c) ``high-cost natural gas.'' Under that section the agency having 
regulatory jurisdiction with respect to the production of natural gas 
in question (a jurisdictional agency) makes the initial determination, 
and submits it to the Commission. The Commission can affirm, reverse, 
remand, make a preliminary finding either on, or simply takes no action 
regarding the agency's determination. If the Commission takes no action 
within 45 days after receipt of the agency's determination, the 
determination is final. Judicial review is available under Section 503 
only if the Commission remands or reverses the determination. In Order 
No. 616, the Commission limited its actions to reviewing determinations 
by jurisdictional agencies for qualifying recompletions in already 
designated tight formations. Well determinations for recompletions in 
coal seams and Devonian shale are also accepted. The Commission 
estimated that there are probably at least 4,131 recompletions that 
were performed during the years 2000-2003 for which a determination may 
be sought under the Commission's regulations. FERC Form 121 (Form) is 
used by a natural gas producer as an application for a determination. 
Form 121 identifies the producer filing the application, the type of 
determination

[[Page 57679]]

the producer is seeking (determination is for occluded natural gas 
produced from coal seams, Devonian shale or tight formation gas) and 
information identifying the well and the completion location of the 
well. An application is initially submitted to the jurisdictional 
agency and then sent forward to the Commission for review. The 
Commission implements these filing requirements in the Code of Federal 
Regulations (CFR) under 18 CFR part 270.
    ACTION: The Commission is requesting a three-year extension of the 
current expiration date, with no changes to the existing collection of 
data.
    Burden Statement: Public reporting burden for this collection is 
estimated as:

------------------------------------------------------------------------
    Number of           Number of      Average  burden
   respondents       responses per       hours  per       Total  Annual
     annually          respondent         response        burden hours
(1)                            (2)                (3)       (1)x(2)x(3)
------------------
          4,131                  1                .25          * 1,033
------------------------------------------------------------------------
* Rounded off

    Estimated cost burden to respondents: 1,033 hours/2,080 hours per 
year x $117,041 per year = $58,127. The cost per respondent is equal to 
$14.
    The reporting burden includes the total time, effort, or financial 
resources expended to generate, maintain, retain, disclose, or provide 
the information including:
    (1) Reviewing instructions; (2) developing, acquiring, installing, 
and utilizing technology and systems for the purposes of collecting, 
validating, verifying, processing, maintaining, disclosing and 
providing information; (3) adjusting the existing ways to comply with 
any previously applicable instructions and requirements; (4) training 
personnel to respond to a collection of information; (5) searching data 
sources; (6) completing and reviewing the collection of information; 
and (7) transmitting, or otherwise disclosing the information.
    The estimate of cost for respondents is based upon salaries for 
professional and clerical support, as well as direct and indirect 
overhead costs. Direct costs include all costs directly attributable to 
providing this information, such as administrative costs and the cost 
for information technology. Indirect or overhead costs are costs 
incurred by an organization in support of its mission. These costs 
apply to activities which benefit the whole organization rather than 
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information to be collected; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology e.g., permitting electronic submission of 
responses.

Magalie R. Salas,
Secretary.
[FR Doc. 03-25223 Filed 10-3-03; 8:45 am]
BILLING CODE 6717-01-P