[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30092-30094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2627]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[IC05-600-000, FERC-600]


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

May 17, 2005.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed information collection and request for 
comments.

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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 specific aspects of the information collection described 
below.

DATES: Comments on the collection of information are due by July 29, 
2005.

ADDRESSES: Copies of the proposed collection of information can be 
obtained from the Commission's Web site (http://www.ferc.gov/docs-filings/elibrary.asp) or to the Federal Energy Regulatory Commission, 
Attn: Michael Miller, Office of the Executive Director Officer, ED-33, 
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 should refer to Docket No. 
IC05-600-000.
    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-600 ``Rules of Practice and Procedures: Complaint 
Procedures'' (OMB No. 1902-0180) is used by the Commission to implement 
the statutory provisions of the Federal Power Act (FPA), 16 U.S.C. 
791a-825r; the Natural Gas Act (NGA), 15 U.S.C. 717-717w; the Natural 
Gas Policy Act (NGPA), 15 U.S.C. 3301-3432; the Public Utility 
Regulatory Policies Act of

[[Page 30093]]

1978 (PURPA), 16 U.S.C. 2601-2645; the Interstate Commerce Act, 49 
U.S.C. App. Sec.  1 et seq. and the Outer Continental Shelf Lands Act, 
43 U.S.C. 1301-1356. With respect to the natural gas industry, section 
14(a) of the NGA provides: The Commission may permit any person to file 
with it a statement in writing, under oath or otherwise, as it shall 
determine, as to any or all facts and circumstances concerning a matter 
which may be the subject of an investigation.
    For public utilities, section 205(e) of the FPA provides: Whenever 
any such new schedule is filed The Commission shall have the authority, 
either upon complaint or upon its own initiative without complaint at 
once, and, if it so orders, without answer or formal pleading by the 
public utility, but upon reasonable notice to enter upon hearing 
concerning the lawfulness of such rate, charge, classification, or 
service; and pending such hearing and the decision of the Commission.* 
* *
    Concerning hydroelectric projects, section 19 of the FPA provides: 
* * * it is agreed as a condition of such license that jurisdiction is 
hereby conferred upon the Commission, upon complaint of any person 
aggrieved or upon its own initiative, to exercise such regulation and 
control until such time as the State shall have provided a commission 
or other authority for such regulation and control.* * *
    For qualifying facilities, section 210(h)(2)(B) of PURPA provides: 
Any electric utility, qualifying cogenerator, or qualifying small power 
producer may petition the Commission to enforce the requirements of 
subsection (f) as provided in subparagraph (A) of this paragraph.
    Likewise for oil pipelines, Part 1 of the Interstate Commerce Act 
(ICA), sections 1, 6 and 15 (recodified by P.L. 95-473 and found as an 
appendix to Title 49 U.S.C.) the Commission is authorized to 
investigate the rates charged by oil pipeline companies subject to its 
jurisdiction. If a proposed oil rate has been filed and allowed by the 
Commission to go into effect without suspension and hearing, the 
Commission can investigate the effective rate on its own motion or by 
complaint filed with the Commission. Section 13 of the ICA provided 
that: Any person, firm, corporation, company or association, or any 
mercantile, agricultural, or manufacturing society or other 
organization, or any common carrier complaining of anything done or 
omitted to be done by any common carrier subject to the provisions of 
this chapter in contravention of the provisions thereof, may apply to 
the Commission by petition, which shall briefly state the facts; 
whereupon a statement of the complaint thus made shall be forwarded by 
the Commission to such common carrier, who shall be called upon to 
satisfy the complaint, or to answer the same in writing, within a 
reasonable time, to be specified by the Commission.* * *
    In Order No. 602, 64 FR 17087 (April 8, 1999), the Commission 
revised its regulations governing complaints filed with the Commission 
under the above statutes. Order No. 602 was designed to encourage and 
support consensual resolution of complaints, and to organize the 
complaint procedures so that all complaints are handled in a timely and 
fair manner. In order to achieve the latter, the Commission revised 
Rule 206 of its Rules of Practice and Procedure (18 CFR 385.206) to 
require that a complaint satisfy certain informational requirements, 
that answers be filed in a shorter, 20-day time frame, and that parties 
may employ various types of alternative dispute resolution procedures 
to resolve complaints.
    On August 31, 1999, the Office of Management and Budget (OMB) 
approved the reporting requirements in Order No. 602 for a term of 
three years, the maximum period permissible under the Paperwork 
Reduction Act before an information collection must be resubmitted for 
approval. As noted above, this notice seeks public comments in order to 
recertify the FERC-600 reporting requirements in Order No. 602. The 
data in complaints filed by interested/affected parties regarding oil 
and natural gas pipeline operations, electric and hydropower facilities 
in their applications for rate changes, service, and/or licensing are 
used by the Commission in establishing a basis for various 
investigations and to make an initial determination regarding the 
merits of the complaint. Investigations may range from whether there is 
undue discrimination in rates or service to questions regarding market 
power of regulated entities to environmental concerns. In order to make 
a better determination, it is important to know the specifics of any 
oil, gas, electric, hydropower complaint ``up front'' in a timely 
manner and in sufficient detail to allow the Commission to act swiftly. 
In addition, such complaint data will help the Commission and 
interested parties to monitor the market for exercises of market power 
or undue discrimination. The information filed with the Commission is 
voluntary but submitted with prescribed information. The Commission 
implements these filing requirements in the Code of Federal Regulations 
(CFR) under 18 CFR Part 385, Sections 385.206 and 385.213.
    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:

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                                                                Number of      Average burden     Total annual
            Number of respondents annually  (1)               responses per       hours per       burden hours
                                                             respondent (2)     response  (3)      (1)x(2)x(3)
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178*......................................................                1                14            2,492
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* Represents three year averages (2002-2004).

    Estimated cost burden to respondents: 2,492 hours/2,080 hours per 
year x $108,558 per year = $130,060. The cost per respondent is equal 
to $730.
    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

[[Page 30094]]

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.

Magalie R. Salas,
Secretary.
[FR Doc. E5-2627 Filed 5-24-05; 8:45 am]
BILLING CODE 6717-01-P