[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Notices]
[Pages 57680-57682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25225]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC03-568-000, FERC-568]


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,

[[Page 57681]]

Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426 and refer to Docket No. IC03-568-000.
    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].

SUPPLEMENTARY INFORMATION: The information collected under the 
requirements of FERC-568 ``Well Category Determinations'' (OMB Control 
No. 1902-0112) 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) (65 FR 45859) 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 a determination is made, a natural gas producer can claim tax 
credits as provided for under Section 29 of the Internal Revenue Code 
(Section 29 tax credits). 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 n 
NGPA section 107(c)(2)-(4) (gas produced from geopressured brine, coal 
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 (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 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. A natural gas producer files 
an application (FERC Form 121) for a determination. In addition to the 
application, the applicant will also submit supporting documentation 
that includes the following: A completion report which illustrates the 
type of natural gas production treatment (i.e. perforation, 
acidization, fracturing etc.); logs defining the coal seams; or 
superimposed indications of the shale base line using gamma rays; or a 
map that identifies the geographic location of the well and the 
geographic location of post January 1, 1993 recompletions' completion 
location in the designated tight formation; and/or a location plat 
identifying the geographic location of the well and a list of tracts of 
land that comprise designated tight formations and an affidavit. FERC-
568 covers the reporting requirements for this supporting 
documentation. 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               6.01            24,786
------------------------------------------------------------------------

    Estimated cost burden to respondents: 24,786 hours / 2,080 hours 
per year x $117,041 per year = $ 1,394,701. The cost per respondent is 
equal to $ 338.
    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

[[Page 57682]]

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. 03-25225 Filed 10-3-03; 8:45 am]
BILLING CODE 6717-01-P