[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Notices]
[Pages 46828-46830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15871]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[IC05-600-001, FERC-600]


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

August 4, 2005.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3507 of the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy 
Regulatory Commission (Commission) has submitted the information 
collection described below to the Office of Management and Budget (OMB) 
for review and extension of this information collection requirement. 
Any interested person may file comments directly with OMB and should 
address a copy of those comments to the Commission as explained below. 
The Commission received no comments in response to an earlier Federal 
Register notice of May 25, 2005 (70 FR 30092-94), and has made this 
notation in its submission to OMB.

DATES: Comments on the collection of information are due by September 
6, 2005.

ADDRESSES: Address comments on the collection of information to the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. 
Comments to OMB should be filed electronically, c/o [email protected] and include the OMB Control No. as a point of 
reference. The Desk Officer may be reached by telephone at 202-395-
4650. A copy of the comments should also be sent to the Federal Energy 
Regulatory Commission, Office of the Executive Director, ED-33, 
Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426. 
Comments may be filed either in paper format or electronically. Those 
persons filing electronically do not need to make a paper filing. For 
paper filings, 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. IC05-600-001.
    Documents filed electronically via the Internet must be prepared in 
WordPerfect, MS Word, Portable Document Format, or ASCII format. To

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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 
acknowledgement to the sender's e-mail address upon receipt of 
comments. User assistance for electronic filings is available at 202-
502-8258 or by e-mail to [email protected]. Comments should not be 
submitted to e-mail address.
    All comments may be viewed, printed or downloaded remotely via the 
Internet through FERC's home page using the ``eLibrary'' link. Enter 
the docket number excluding the last three digits in the docket number 
field to access the document. 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:

Description

    The information collection submitted for OMB review contains the 
following:
    1. Collection of Information: FERC-600 ``Rules of Practice and 
Procedure: Complaint Procedures''.
    2. Sponsor: Federal Energy Regulatory Commission.
    3. Control No.: 1902-0180.
    The Commission is now requesting that OMB approve and extend the 
expiration date for an additional three years with no changes to the 
existing collection. The information filed with the Commission is 
mandatory.
    4. Necessity of the Collection of Information: Submission of the 
information is necessary for the Commission to carry out its 
responsibilities in implementing 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 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 Pub. 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.
    The information contained 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.
    5. Respondent Description: The respondent universe currently 
comprises 76 companies (on average) subject to the Commission's 
jurisdiction.
    6. Estimated Burden: 1,064 total hours, 76 respondents (average), 1 
response per respondent, and 14 hours per response (average).
    7. Estimated Cost Burden to respondents: 1,064 hours/2080 hours per 
years x $108,558 per year = $55,532. The cost per respondent is equal 
to $731.

    Statutory Authority: Sections 19 and 205(e) of the Federal Power 
Act, 16 U.S.C. 797(e), 799; Section 14(a) of the Natural Gas Act, 15 
U.S.C. 717m; Section 210(h) (2) (B) of the Public Utility Regulatory 
Policies Act, 16 U.S.C. 2601-2645; Part 1 of the Interstate Commerce 
Act (recodified by Pub. L. 95-473 as an appendix to Title 49 U.S.C. 
App. Sec.  1 et

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seq.) and the Outer Continental Shelf Lands Act, 43 U.S.C. 1301-
1356.9.

Linda Mitry,
Deputy Secretary.
[FR Doc. 05-15871 Filed 8-10-05; 8:45 am]
BILLING CODE 6717-01-P