[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Notices]
[Pages 66920-66922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27953]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC11-549-001]


Commission Information Collection Activities (FERC-549); Comment 
Request; Submitted for OMB Review

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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

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 or FERC) has submitted the 
information collection described below to the Office of Management and 
Budget (OMB) for review of the information collection requirements. 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 issued a Notice in the Federal Register (76 FR 46783, 
08/3/2011) requesting public comments. FERC received no comments on the 
FERC-549 and has made this notation in its submission to OMB.

DATES: Comments on the collection of information are due by November 
28, 2011.

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 OMB Control Number 1902-0086 for 
reference. The Desk Officer may be reached by telephone at (202) 395-
4718.
    A copy of the comments should also be sent to the Federal Energy 
Regulatory Commission and should refer to Docket No. IC11-549-001. 
Comments may be filed either electronically or in paper format. Those 
persons filing electronically do not need to make a paper filing. 
Documents filed electronically via the Internet must be prepared in an 
acceptable filing format and in compliance with the Federal Energy 
Regulatory Commission submission guidelines. Complete filing 
instructions and acceptable filing formats are available at http://www.ferc.gov/help/submission-guide.asp. To file the document 
electronically, access the Commission's Web site and click on Documents 
& Filing, E-Filing (http://www.ferc.gov/docs-filing/efiling.asp), 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 email address upon receipt of 
comments.
    For paper filings, the comments should be submitted to the Federal 
Energy Regulatory Commission, Secretary of the Commission, 888 First 
Street, NE., Washington, DC 20426, and should refer to Docket No. IC11-
549-001.
    Users interested in receiving automatic notification of activity in 
FERC Docket Number IC11-549 may do so through eSubscription at http://www.ferc.gov/docs-filing/esubscription.asp. 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: Ellen Brown may be reached by email at 
[email protected], by telephone at (202) 502-8663, and by fax at 
(202) 273-0873.

SUPPLEMENTARY INFORMATION: The information collected under the 
requirements of FERC-549, ``Gas Pipeline Rates: NGPA Title III and NGA 
Blanket Certificate Transactions'' (OMB Control No. 1902-0086), is used 
by the Commission to implement the statutory provisions of sections 311 
and 312 of the Natural Gas Policy Act (NGPA) and section 7 of the 
Natural Gas Act (NGA). The Commission implements these statues in 18 
CFR 284.

Semi-Annual Storage Report for Interstate Pipelines \1\
---------------------------------------------------------------------------

    \1\ On September 15, 2011 the Commission issued a Notice of 
Proposed Rulemaking in docket no. RM11-4 proposing to delete the 
semi-annual storage report for interstate and intrastate pipelines. 
OMB has reviewed the proposal and is withholding final approval 
until the final rule. Because the FERC-549 collection (including the 
semi-annual storage report for interstate pipelines) has an 
expiration date of 12/31/2011 the Commission seeking for renewal of 
the collection expecting that this collection will likely be 
modified by a final rule at a later date.
---------------------------------------------------------------------------

    18 CFR 284.13(e) requires each interstate pipeline to file with the 
Commission a report of storage activity. The Commission adopted the 
existing semi-annual storage reporting requirements for interstate 
pipelines in their current form in 1992 as part of Order No. 636, and 
there have been only minor modifications in the semi-annual storage 
reporting requirements since that date.
    Natural gas production is relatively constant throughout the year, 
while many uses of natural gas, residential space heating for example, 
are seasonal. Natural gas storage plays a critical role in balancing 
the seasonal demand with relatively constant supply, and the data 
collected in the semi-annual storage report provides important 
information about natural gas pipelines' ability to affect the prices 
shippers can obtain from consumers.
    Improved storage technology and the increased use of natural gas in 
industry and electric generation have helped transform the storage 
market since 1992. There has been a sharp increase in demand for 
natural gas outside of the traditional winter months. Withdrawals and 
injections, instead of occurring on a uniform annual schedule based on 
heating needs, now occur dynamically year-round in response to market 
forces.

Transportation by Interstate Pipelines

    In 18 CFR 284.102(e) the Commission requires interstate pipelines 
to obtain proper certification in order to ship natural gas on behalf 
of intrastate pipelines and local distribution

[[Page 66921]]

companies (LDC). This certification consists of a letter from the 
intrastate pipeline or LDC authorizing the intrastate pipeline to ship 
gas on its behalf. In addition, interstate pipelines must obtain from 
its shippers certifications including sufficient information to verify 
that their services qualify under this section.

Rates and Charges for Intrastate Pipelines

    18 CFR 284.123(b) provides that intrastate gas pipeline companies 
file for Commission approval of rates for services performed in the 
interstate transportation of gas. An intrastate gas pipeline company 
may elect to use rates contained in one of its then effective 
transportation rate schedules on file with an appropriate state 
regulatory agency for intrastate service comparable to the interstate 
service OR file proposed rates and supporting information showing the 
rates are cost based and are fair and equitable. 150 days after the 
application is filed the rate is deemed to be fair and equitable unless 
the Commission either extends the time for action, institutes a 
proceeding or issues an order providing for rates it deems to be fair 
and equitable.
    18 CFR 284.123(e) requires that within 30 days of commencement of 
new service any intrastate pipeline engaging in the transportation of 
gas in interstate commerce must file a statement that includes the 
interstate rates and a description of how the pipeline will engage in 
the transportation services, including operating conditions. If an 
intrastate gas pipeline company changes its operations or rates it must 
amend the statement on file with the Commission. Such amendment is to 
be filed not later than 30 days after commencement of the change 
operations or change in rate election.

Code of Conduct \2\
---------------------------------------------------------------------------

    \2\ These code of conduct requirements were approved by OMB 
originally in FERC-916 (OMB Control No. 224, current expiration date 
is 9/30/2012) because there was another package related to the FERC-
549 under review at the time. These requirements are being moved to 
the FERC-549 in an effort to decrease the administrative effort 
involved in renewing data collections.
---------------------------------------------------------------------------

    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. 
Related to the code of conduct, the Commission imposes a 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 these records to monitor the jurisdictional transportation 
activities and unbundled sales activities of interstate natural gas 
pipelines and blanket marketing certificate holders.
    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 \3\) 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.
---------------------------------------------------------------------------

    \3\ 18 CFR 1c.1 and 1c.2, 71 FR 4,244 (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.

Market-Based Rates for Storage

    In 2006 the Commission amended its regulations to establish 
criteria for obtaining market-based rates for storage services offered 
under 18 CFR 284.501-505. First, the Commission modified its market-
power analysis to better reflect the competitive alternatives to 
storage. Second, pursuant to the Energy Policy Act of 2005, the 
Commission promulgated rules to implement section 4(f) of the Natural 
Gas Act, to permit underground natural gas storage service providers 
that are unable to show that they lack market power to negotiate 
market-based rates in circumstances where market-based rates are in the 
public interest and necessary to encourage the construction of the 
storage capacity in the area needing storage services, and where 
customers are adequately protected. These revisions are intended to 
facilitate the development of new natural gas storage capacity while 
protecting customers.
    Action: The Commission is requesting a three-year extension of the 
FERC-549 reporting requirements, with no changes.
    Burden Statement: The estimated annual public reporting burden is 
shown in the following table:
---------------------------------------------------------------------------

    \4\ The number of pipelines in eTariff that are subject to the 
Natural Gas Act.
    \5\ This figure is based on the burden hours estimated in Docket 
No. RM09-2 (quarterly transportation and storage reports).
    \6\ The number of respondents annually is assumed to be 
approximately half of the number of interstate pipelines as 
estimated under the semi-annual storage report category.
    \7\ This is an estimate for the amount of time it requires to 
complete a one page document, which is what is essentially required 
by this part (one page from the shippers and one page from the 
intrastate or LDC, equaling an estimated 2 times a year).
    \8\ This figure is based on the number of filings under 18 CFR 
part 284.123 filings over the past three years.
    \9\ This figure is based on the assumption that the effort 
required to make this revision to a tariff is approximately half of 
the effort required to make a baseline tariff filing (as computed in 
the Final Rule in Docket No. RM01-5) .
    \10\ The estimates for this category come from the Commission's 
most recent renewal pertaining to this requirement.
    \11\ The estimates for this category are the same as were 
submitted to OMB when these requirements were last modified (in the 
Final Rule in Docket No. RM05-23).

 
                                                             (1)             (2)             (3)     (1) x (2) x
                                                                                                             (3)
----------------------------------------------------------------------------------------------------------------
Semi-Annual Storage Reports for Interstates              \4\ 155               2          \5\ 12           3,720
 284.13(e)......................................
Transportation by Interstate Pipelines                    \6\ 75               2           \7\ 3             450
 284.102(e).....................................
Rates and Charges for Intrastate Pipelines                \8\ 67               1          \9\ 12             804
 284.123(b), (e)................................
Code of Conduct \10\ (recordkeeping) 284.288,                222               1               1             222
 403............................................
Market-Based Rates \11\284.501-505..............               2               1             350             700
                                                 ---------------------------------------------------------------
    Total.......................................  ..............  ..............  ..............           5,846
----------------------------------------------------------------------------------------------------------------


[[Page 66922]]

    The total estimated annual cost burden to respondents is $339,068 
(5,846 hours times $58/hour \12\).
---------------------------------------------------------------------------

    \12\ The per hour figures were obtained from the Bureau of Labor 
Statistics National Industry-Specific Occupational and Employment 
Wage Estimates (http://www.bls.gov/oes/current/naics4_221200.htm), 
and are based on the mean wage statistics for staff in the areas of 
management, business and financial, legal and administrative. The 
mean wage was then increased by 20% to account for benefits/
overhead.
---------------------------------------------------------------------------

    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.

    Dated: October 24, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-27953 Filed 10-27-11; 8:45 am]
BILLING CODE 6717-01-P