[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Notices]
[Pages 15471-15472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7571]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC09-916-000]


Commission Information Collection Activities (FERC-916); Comment 
Request; Extension

March 30, 3009.
AGENCY: Federal Energy Regulatory Commission (DOE).

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

-----------------------------------------------------------------------

SUMMARY: In compliance with the requirements of section 3506(c)(2)(a) 
of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Federal 
Energy Regulatory Commission (Commission or FERC) is soliciting public 
comment on the specific aspects of the information collection described 
below.

DATES: Comments in consideration of the collection of information are 
due June 1, 2009.

ADDRESSES: Comments may be filed either electronically or in paper 
format, and should refer to Docket No. IC09-916-000. Documents must be 
prepared in an acceptable filing format and in compliance with the 
Federal Energy Regulatory Commission submission guidelines at http://www.ferc.gov/help/submission-guide.asp.
    Comments may be eFiled. The eFiling option, under the Documents & 
Filings tab on the Commission's home Web page (http://www.ferc.gov), 
directs users to the eFiling Web page. First-time users follow the 
eRegister instructions on the eFiling Web page to establish a user name 
and password before eFiling. Filers will receive an e-mailed 
confirmation of their filed comments. Commenters filing electronically 
should not make a paper filing. If electronic filing is not possible, 
deliver original and 14 paper copies of the filing to: Federal Energy 
Regulatory Commission, Secretary of the Commission, 888 First Street, 
NE., Washington, DC 20426.
    Parties interested in receiving automatic notification of activity 
in this docket may do so through eSubscription. The eSubscription 
option under the Documents & Filings tab on the Commission's home Web 
page directs users to the eSubscription Web page. Users submit the 
docket numbers of the filings they wish to track and will subsequently 
receive an e-mail notification each time a filing is made under the 
submitted docket numbers. First-time users will need to establish a 
user name and password before eSubscribing.
    Filed comments and FERC issuances may be viewed, printed and 
downloaded remotely from the Commission's Web site. The eLibrary link 
found at the top of most of the Commission's Web pages directs users to 
FERC's eLibrary. From the eLibrary Web page, choose General Search, and 
in the Docket Number space provided, enter IC09-916, then click the 
Submit button at the bottom of the page. For help with any of the 
Commission's electronic submission or retrieval systems, e-mail FERC 
Online Support: [email protected], or telephone toll-free: 
(866) 208-3676 (TTY (202) 502-8659).

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by 
telephone at (202)502-8663, by fax at (202)273-0873, and by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The Commission is requesting comments on the 
record retention requirements of FERC-916,\1\ ``Record Retention 
Requirements for Pipelines Providing Unbundled Sales Service, and 
Persons Holding Blanket Marketing Certificates,'' OMB Control No. 1902-
0224. The FERC-916 record retention requirements are contained in 18 
CFR 284.288(b) and 284.403(b).
---------------------------------------------------------------------------

    \1\ FERC-916 was formerly called ``FERC-916(549),'' with the 
intent of consolidating the FERC-916 into the FERC-549 (OMB Control 
No. 1902-0086). FERC has decided not to consolidate the FERC-916 
into the FERC-549, so this Notice deals only with the FERC-916 
requirements.
---------------------------------------------------------------------------

    The Commission's regulations at 18 CFR 284.288 and 284.403 provide 
that applicable sellers of natural gas adhere to a code of conduct when 
making gas sales in order to protect the integrity of the market. The 
Commission imposes the FERC-916 record retention requirement on 
applicable sellers to ``retain, for a period of five years, all data 
and information upon which it billed the prices it charged for natural 
gas it sold pursuant to its market based sales certificate or the 
prices it reported for use in price indices.'' FERC uses the FERC-916 
records to monitor the jurisdictional transportation activities and 
unbundled sales activities of interstate natural gas pipelines and 
blanket marketing certificate holders.

[[Page 15472]]

    The record retention period of five years is necessary due to the 
importance of records related to any investigation of possible 
wrongdoing and related to assuring compliance with the codes of conduct 
and the integrity of the market. The requirement is necessary to ensure 
consistency with the rule prohibiting market manipulation (regulations 
adopted in Order No. 670, implementing the EPAct 2005 anti-manipulation 
provisions \2\) and the generally applicable five-year statute of 
limitations where the Commission seeks civil penalties for violations 
of the anti-manipulation rules or other rules, regulations, or orders 
to which the price data may be relevant.
---------------------------------------------------------------------------

    \2\ 18 CFR 1c.1 and 1c.2, 71 FR 4244 (2006).
---------------------------------------------------------------------------

    Failure to have this information available would mean the 
Commission is unable to perform its regulatory functions and to monitor 
and evaluate transactions and operations of interstate pipelines and 
blanket marketing certificate holders.
    Action: The Commission is requesting a three-year extension of the 
current expiration date for the FERC-916, with no changes to the 
requirements.
    Burden Statement: Public reporting burden for this collection is 
estimated at:

----------------------------------------------------------------------------------------------------------------
                                                 Number of        Number of      Average burden
              FERC requirements                 respondents     responses per      hours per       Total annual
                                                  annually        respondent        response       burden hours
                                                         (1)              (2)              (3)   (1) x (2) x (3)
----------------------------------------------------------------------------------------------------------------
FERC-916....................................             222                1                1              222
----------------------------------------------------------------------------------------------------------------

The estimated total annual cost to respondents includes hours for labor 
(222 hrs. at $17 per hour, for a labor cost of $3,774) and record 
storage costs (using an estimated 12,548 cu. ft of records in off-site 
storage, for a total record storage cost of $81,051). The total annual 
cost (labor plus off-site record storage) is $84,825; the total annual 
cost per respondent is $382.
    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 
retaining these records, such as administrative costs, off-site records 
storage, 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.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-7571 Filed 4-3-09; 8:45 am]
BILLING CODE