Standards for Business Practices of Interstate Natural Gas Pipelines, 319-323 [05-17]
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Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Proposed Rules
Corrective Actions and Repetitive
Inspections (Cracking Found)
(g) If any crack is found during any
inspection required by paragraph (f) of this
AD, do paragraph (g)(1) or (g)(2) of this AD.
(1) If the crack is less than or equal to 1.2
inches long: Before further flight, stop-drill
the crack and apply sealants, in accordance
with the Accomplishment Instructions of
Airbus Service Bulletin A330–54–3021,
including Appendix 01, dated February 4,
2004, or do paragraph (h) of this AD. If the
crack is stop-drilled and sealants applied,
then repeat the inspection required by
paragraph (f) of this AD at intervals not to
exceed 500 flight hours, and do paragraph
(g)(1)(i) or (g)(1)(ii) of this AD, as applicable.
(i) During the repeat inspections required
by paragraph (g)(1) of this AD, if the existing
crack does not extend to be longer than 1.2
inches, and no additional crack is found:
Within 4,600 flight cycles after the crack is
initially found, do paragraph (h) of this AD.
(ii) During any repeat inspection required
by paragraph (g)(1) of this AD, if any crack
that was previously less than or equal to 1.2
inches long is found to have extended to be
greater than 1.2 inches long; or if an
additional crack is found: Before further
flight, do paragraph (h) of this AD.
(2) If any crack is found that is greater than
1.2 inches long: Before further flight, do
paragraph (h) of this AD.
Note 3: This AD does not allow continued
flight with a known crack that is greater than
1.2 inches long.
Repair or Replacement of Firewall
(h) If any crack is found: At the applicable
time specified in paragraph (g) of this AD,
repair the LAPF firewall or replace the LAPF
firewall with a new firewall, as applicable, in
accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330–
54–3021, including Appendix 01, dated
February 4, 2004. Then, within 3,000 flight
hours after replacement of the LAPF firewall,
inspect the firewall in accordance with
paragraph (f) of this AD.
Note 4: There is no terminating action at
this time for the inspections required by this
AD.
Reporting Requirement
(i) If any crack is found during any
inspection required by this AD: Submit a
report of the findings to Airbus, Department
AI/SE–E5, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France. Submit the
report at the applicable time specified in
paragraph (i)(1) or (i)(2) of this AD. The
report must include the inspection results, a
description of any discrepancies found, the
airplane serial number, and the number of
landings and flight hours on the airplane.
Submitting Appendix 01 of Airbus Service
Bulletin A330–54–3021, dated February 4,
2004, is an acceptable means of
accomplishing this requirement. Under the
provisions of the Paperwork Reduction Act of
1980 (44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements contained in this AD and has
assigned OMB Control Number 2120–0056.
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(1) If the inspection was done after the
effective date of this AD: Submit the report
within 30 days after the inspection.
(2) If the inspection was done before the
effective date of this AD: Submit the report
within 30 days after the effective date of this
AD.
Alternative Methods of Compliance
(AMOCs)
(j) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
Related Information
(k) French airworthiness directive F–2004–
028 R1, dated September 15, 2004, also
addresses the subject of this AD.
Issued in Renton, Washington, on
December 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–50 Filed 1–3–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 284
[Docket Nos. RM96–1–026 and RM96–1–
015]
Standards for Business Practices of
Interstate Natural Gas Pipelines
December 21, 2004.
Federal Energy Regulatory
Commission.
ACTION: Notice of proposed rulemaking
and termination order.
AGENCY:
SUMMARY: The Federal Energy
Regulatory Commission is proposing to
amend in Docket No. RM96–1–026 its
regulations governing standards for
conducting business practices with
interstate natural gas pipelines. The
Commission is proposing to incorporate
by reference the most recent version of
the standards, Version 1.7, promulgated
December 31, 2003, by the Wholesale
Gas Quadrant (WGQ) of the North
American Energy Standards Board
(NAESB); the standards ratified by
NAESB on June 25, 2004, to implement
Order No. 2004, and the standards
implementing gas quality reporting
requirements ratified by NAESB on
October 20, 2004. These standards can
be obtained from NAESB at 1301
Fannin, Suite 2350, Houston, TX 77002,
713–356–0060, https://www.naesb.org.
The Commission is also terminating a
rulemaking, instituted by a Notice of
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319
Proposed Rulemaking in Docket No.
RM96–1–015, issued on June 30, 2000,
which examined whether the
Commission should require pipelines to
permit shippers to designate and rank
the contracts under which gas flows on
their systems.
DATES: Comments in Docket No. RM96–
1–026 are due February 18, 2005.
ADDRESSES: Comments may be filed
electronically via the eFiling link on the
Commission’s Web site at https://
www.ferc.gov. Commenters unable to
file comments electronically must send
an original and 14 copies of their
comments to: Federal Energy Regulatory
Commission, Office of the Secretary,
888 First Street, NE., Washington, DC
20426. Refer to Comment Procedures
Section of the preamble for additional
information on how to file comments.
FOR FURTHER INFORMATION CONTACT:
Jamie Chabinsky, Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426. 202–502–
6040.
Marvin Rosenberg, Office of Markets,
Tariffs, and Rates, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
202–502–8292.
Kay Morice, Office of Markets, Tariffs,
and Rates, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426. 202–502–
6507.
SUPPLEMENTARY INFORMATION:
1. The Federal Energy Regulatory
Commission (Commission) proposes in
Docket No. RM96–1–026 to amend
§ 284.12 of its open access regulations
governing standards for conducting
business practices and electronic
communications with interstate natural
gas pipelines. The Commission is
proposing to adopt the most recent
version, Version 1.7, of the consensus
standards promulgated by the
Wholesale Gas Quadrant (WGQ) of the
North American Energy Standards
Board (NAESB). The Commission is also
proposing to adopt the standards
ratified by NAESB on June 25, 2004, to
implement Order No. 2004 1 and the
standards to implement gas quality
reporting requirements ratified by
NAESB on October 20, 2004, in
Recommendation R03035A, which
NAESB intends to include in its next
1 Order No. 2004, 68 FR 69134 (Dec. 11, 2003),
III FERC Stats. & Regs. Regulations Preambles ¶
31,155 (Nov. 25, 2003); Order No. 2004–A, 69 FR
23562 (Apr. 29, 2004), III FERC Stats. & Regs.
Regulations Preambles ¶ 31,161 (Apr. 16, 2004);
Order No. 2004–B, 69 FR 48371 (Aug. 10, 2004) III
FERC Stats. & Regs. Regulations and Preambles ¶
31,166 (Aug. 2, 2004).
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Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Proposed Rules
version of standards (Version 1.8). The
proposed rule is intended to benefit the
public by adopting the most recent and
up-to-date standards governing business
practices and electronic
communication. The Commission is
also terminating a rulemaking instituted
by a Notice of Proposed Rulemaking
issued in Docket No. RM96–1–015 on
June 30, 2000 (65 FR 41885), which
examined whether the Commission
should require pipelines to permit
shippers to designate and rank the
contracts under which gas flows on
their systems.
Background
2. Since 1996, in the Order No. 587
series,2 the Commission has adopted
regulations to standardize the business
practices and communication
methodologies of interstate pipelines in
order to create a more integrated and
efficient pipeline grid. In this series of
orders, the Commission incorporated by
reference consensus standards
developed by the WGQ (formerly the
Gas Industry Standards Board or GISB),
a private consensus standards developer
composed of members from all segments
of the natural gas industry.
3. NAESB is an accredited standards
organization under the auspices of the
American National Standards Institute
(ANSI).
4. On April 14, 2004 NAESB filed
with the Commission a report informing
the Commission that the WGQ had
adopted a new version of its standards,
Version 1.7. NAESB reports that Version
1.7 includes standards for partial day
recalls which were requested in Order
2 Standards For Business Practices Of Interstate
Natural Gas Pipelines, Order No. 587, 61 FR 39053
(July 26, 1996), FERC Stats. & Regs. Regulations
Preambles [July 1996-December 2000] ¶ 31,038
(July 17, 1996), Order No. 587–B, 62 FR 5521 (Feb.
6, 1997), FERC Stats. & Regs. Regulations Preambles
[July 1996-December 2000] ¶ 31,046 (Jan. 30, 1997),
Order No. 587–C, 62 FR 10684 (Mar. 10, 1997),
FERC Stats. & Regs. Regulations Preambles [July
1996-December 2000] ¶ 31,050 (Mar. 4, 1997),
Order No. 587–G, 63 FR 20072 (Apr. 23, 1998),
FERC Stats. & Regs. Regulations Preambles [July
1996-December 2000] ¶ 31,062 (Apr. 16, 1998),
Order No. 587–H, 63 FR 39509 (July 23, 1998),
FERC Stats. & Regs. Regulations Preambles [July
1996-December 2000] ¶ 31,063 (July 15, 1998);
Order No. 587–I, 63 FR 53565 (Oct. 6, 1998), FERC
Stats. & Regs. Regulations Preambles [July 1996December 2000] ¶ 31,067 (Sept. 29, 1998), Order
No. 587–K, 64 FR 17276 (Apr. 9, 1999), FERC Stats.
& Regs. Regulations Preambles [July 1996-December
2000] ¶ 31,072 (Apr. 2, 1999); Order No. 587–M, 65
FR 77285 (Dec. 11, 2000), FERC Stats. & Regs.
Regulations Preambles [July 1996-December 2000] ¶
31,114 (Dec. 11, 2000); Order No. 587–N, 67 FR
11906 (Mar. 18, 2002), III FERC Stats. & Regs.
Regulations Preambles ¶ 31,125 (Mar. 11, 2002),
Order No. 587–O, 67 FR 30788 (May 8, 2002), III
FERC Stats. & Regs. Regulations Preambles ¶ 31,129
(May 1, 2002); Order No. 587–R, 68 FR 13813 (Mar.
21, 2003), III FERC Stats. & Regs. Regulations
Preambles ¶ 31,141 (Mar. 12, 2003).
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No. 587–N. The Commission previously
incorporated these standards by
reference in Order No. 587–R.3 Version
1.7 also contains ten standards
regarding creditworthiness 4 which the
Commission proposed to adopt in a
Notice of Proposed Rulemaking (NOPR)
in Docket No. RM04–4–000.5 Version
1.7 contains revisions that more
accurately reflect the workings of the
market including the definition of
transaction types, charge types, Service
Codes, and Reduction Reason Codes.
Other revisions update standards that
contained outmoded references, make
the naming conventions more uniform,
and permit use of proprietary entity
codes when D–U–N–S numbers are
not available. In addition, the Version
1.7 standards update the treatment of
allocations as well as requests for
information on scheduled quantities,
allocations, and shipper imbalances.
Finally, NAESB reports that the WGQ
continues work on requests for new and
revised business practices, information
requirements, code value assignments,
technical implementation and mapping
or interpretations.
5. On August 6, 2004, NAESB filed
with the Commission a report informing
the Commission that on June 25, 2004
the WGQ membership ratified a package
of modifications to the Version 1.7
standards to implement Order No. 2004
(2004 Annual Plan Item 2 FERC Order
2004).6 These standards modify the
Informational Posting requirements for
pipeline Web sites to reflect the
information required to be posted
pursuant to Order No. 2004 and will be
included as part of Version 1.8.
6. On October 1, 2004, NAESB filed
a report with the Commission informing
the Commission that errata to Version
1.7 of the NAESB WGQ standards were
adopted by the Executive Committee on
August 26, 2004 and, following a
member comment period, the errata
would be applied to Version 1.7 on
October 15, 2004. The errata contain
minor corrections which remove the
table of code values for Bidder Affiliate
from Standard 5.4.13 and correct the
Transaction Status Code data element in
3 Order No. 587–R, 68 FR 13813 (Mar. 21, 2003),
III FERC Stats. & Regs. Regulations Preambles ¶
31,141 (Mar. 12, 2003).
4 Standards 0.3.3 through 0.3.10, 5.3.59 and
5.3.60.
5 Creditworthiness Standards for Interstate
Natural Gas Pipeline, Notice of Proposed
Rulemaking (NOPR), 69 FR 8587 (Feb. 25, 2004), IV
FERC Stats. & Regs. Proposed Regulations ¶ 32,573
(Feb. 12, 2004).
6 The standards ratified June 25, 2004 modified
Definition 4.2.1 and Standards 4.3.16, 4.3.18,
4.3.22, 4.3.23, 4.3.25 and deleted Standards 4.3.6,
4.3.19, 4.3.21 and 4.3.63. They added Principle
0.1.z1 and deleted Principle 4.1.25.
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the Code Values Dictionary of Standard
1.4.2.
7. On November 1, 2004, NAESB filed
a report with the Commission informing
the Commission that on October 20,
2004 the WGQ membership ratified
standards to implement gas quality
reporting requirements
(Recommendation R03035A).7 These
standards require a pipeline to provide
a link on its Informational Posting Web
Site to its gas quality tariff provisions,
or a simple reference guide to such
information. In addition, a pipeline is
required to provide on its Informational
Postings Web site, in a downloadable
format, daily average gas quality
information for prior day(s) to the extent
available for locations(s) that are
representative of mainline gas flow for
the most recent three-month period.
Discussion
8. The Commission is proposing to
adopt Version 1.7 of the NAESB WGQ’s
consensus standards;8 the standards to
implement Order No. 2004 ratified by
NAESB on June 25, 2004 (2004 Annual
Plan Item 2 FERC Order 2004); and the
standards governing gas quality
reporting ratified by NAESB on October
20, 2004 (Recommendation R03035A).9
Pipelines would be required to
implement the standards three months
after a final rule is issued. Because the
Version 1.7 standards include the
partial day recall standards adopted by
the Commission in Order No. 587–R,
separate reference to these standards is
no longer necessary and is proposed to
be removed.
9. Adoption of Version 1.710 of the
NAESB WGQ standards will help
continue the process of updating and
improving the current standards. In
7 The standards ratified October 20, 2004
modified Standard 4.3.23 and added Principle
4.1.p1 and Standards 4.3.s1, 4.3.s2, 4.3.s3, and
4.3.s4.
8 In Version 1.7 of its standards, the NAESB WGQ
added a new implementation guide entitled
‘‘Additional Standards,’’ which contains general or
topic specific standards. Previously these standards
were included in each of five original
implementation guides: Nominations, Flowing Gas,
Invoicing, Electronic Delivery Mechanism, and
Capacity Release.
9 Pursuant to the regulations regarding
incorporation by reference, copies of Version 1.7 are
available from NAESB. 5 U.S.C. 552 (a)(1); 1 CFR
51 (2001).
10 In Version 1.7 the NAESB WGQ made the
following changes to its standards, excluding the
creditworthiness standards. It revised Standards
1.3.32, 2.3.21, 4.3.1, 4.3.2, 5.3.2, 5.3.7, 5.3.41, and
5.3.42, and Datasets 1.4.1 through 1.4.7, 2.4.1
through 2.4.16, 3.4.1 through 3.4.4, and 5.4.1
through 5.4.22. It added Principles 1.1.22, 2.1.6,
5.1.2, 5.1.3, and 5.1.4, Definitions 2.2.4, 2.2.5 and
5.2.3, and Standards 0.3.2, 2.3.51 through 2.3.64,
and 5.3.44 through 5.3.58. It deleted Principles
1.1.6, 1.1.8, 1.1.19, and 4.1.14, and Standards
1.3.78, 2.3.24, 2.3.36 through 2.3.39, and 5.3.6.
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Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Proposed Rules
adopting the Version 1.7 standards, the
Commission is proposing to adopt the
new ‘‘Additional Standards’’
implementation guide that contains
standards generally applicable to all the
business processes. This section
includes the creditworthiness standards
that have already been noticed for
comment in Docket No. RM04–4–000.
The Commission will address the
comments filed on these standards prior
to issuing a final rule, and, therefore,
there is no need to file comments on
these standards in this proceeding. The
Additional Standards also include
standards governing the use of common
codes to identify entities in transactions.
10. The NAESB standards with
respect to the Order No. 2004 affiliate
standards establish uniform posting
requirements for the Commission
requirements. The NAESB standards,
however, were developed prior to the
issuance of Order No. 2004–A, and
Revised Standard 4.3.23 does not
specify a location for posting voluntary
consent to information disclosure by
non-affiliated customers as required by
§ 358 of the Commission regulations.11
Electric utilities and pipelines have
been posting this information as a
separate category from other nondiscrimination requirements.12 Posting
this information as a separate category
represents a better practice, since it will
make it easier for the Commission as
well as other parties to find and access
this information, and the Commission
expects all electric utilities and
pipelines to follow this practice. Since
requiring a separate posting is not
inconsistent with the NAESB standard,
the Commission is proposing to
incorporate the NAESB standard by
reference. We expect that in future
versions of its standards, NAESB will
reflect such a requirement.
11. The Commission recognizes that
the NAESB Wholesale Electric Quadrant
is also working on posting standards,
11 18 CFR 358.5(b)(4). It may be that this
information is intended to be posted under the
‘‘Non-discrimination Rqmts.’’ category, but there is
no specific subcategory dealing with voluntary
consent information.
12 See Cinergy Oasis, https://oasis.midwestiso.org/
OASIS/CIN; National Grid Oasis Log, https://
www.nationalgridus.com/OASIS/keydocs.asp;
Entergy FERC Order No. 2004 Standards of
Conduct, https://oasis.e-terrasolutions.com/
documents/EES/
Order_2004_Standards_of_Conduct.htm; Peco
FERC Standards of Conduct, https://oasis.peco.com;
ANR Pipeline Co., https://tebb.elpaso.com/ebbANR/
ebbmain.asp?sPipelineCode=ANR; Blue Lake Gas
Storage Company, https://www.gasnom.com/ip/
bluelake/; Transcontinental Gas Pipe Line Corp.,
https://www.1line.williams.com/Files/Transco/
TranscoInfoPostingFrameset.html; CenterPoint
Energy Gas Transmission Company, https://
pipelines.centerpointenergy.com/ebb-mainngt.html.
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and NAESB should ensure that the
standards relating to Order No. 2004
postings are as similar as possible across
the industries. This will ensure that
locating information is as seamless as
possible for the Commission and
common users of these Web sites.
12. The Commission is also proposing
to adopt the NAESB standards related to
gas quality in WGQ Recommendation
R03035A. These standards require a
pipeline to provide a link on its
Informational Posting Web site to its gas
quality tariff provisions, or a simple
reference guide to such information. In
addition, a pipeline is required to
provide on its Informational Postings
Web site, in a downloadable format,
daily average gas quality information for
prior day(s) to the extent available for
locations(s) that are representative of
mainline gas flow for the most recent
three-month period. Adoption of these
standards will provide greater
transparency to shippers with respect to
the gas quality requirements of
interstate pipelines and available
information on gas quality on such
pipelines’ systems.
13. The NAESB WGQ approved the
standards under NAESB’s consensus
procedures.13 As the Commission found
in Order No. 587, adoption of consensus
standards is appropriate because the
consensus process helps ensure the
reasonableness of the standards by
requiring that the standards draw
support from a broad spectrum of all
segments of the industry. Moreover,
since the industry itself has to conduct
business under these standards, the
Commission’s regulations should reflect
those standards that have the widest
possible support. In section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (NTT&AA),
Congress affirmatively requires federal
agencies to use technical standards
developed by voluntary consensus
standards organizations, like NAESB, as
means to carry out policy objectives or
activities.14
14. Additionally, the Commission is
terminating a separate rulemaking
(proposed in Docket No. RM96–1–015).
On June 30, 2000, the Commission
issued a NOPR proposing, along with
other matters, to adopt a regulation
requiring pipelines to permit shippers to
designate and rank the transportation
contracts under which gas will flow on
the pipeline’s system.15 The WGQ
standards currently require pipelines to
use shipper ‘‘rankings when making
reductions during the scheduling
process’’ (Standard 1.3.23), but the
WGQ could not reach consensus on a
standard for cross-contract ranking that
would apply to all three pipeline
scheduling models. The comments and
the information provided during the
technical conference did not reveal a
method of accomplishing cross-contract
ranking that would provide improved
and more consistent results than the
current standards. Accordingly, the
Commission is terminating the
rulemaking in Docket No. RM96–1–015.
13 This process first requires a super-majority vote
of 17 out of 25 members of the WGQ’s Executive
Committee with support from at least two members
from each of the five industry segments—interstate
pipelines, local distribution companies, gas
producers, end-users, and services (including
marketers and computer service providers). For
final approval, 67% of the WGQ’s general
membership must ratify the standards.
14 Pub L. 104–113, ‘‘12(d), 110 Stat. 775 (1996),
15 U.S.C. 272 note (1997).
15 Standards For Business Practices Of Interstate
Natural Gas Pipelines, Notice of Proposed
Rulemaking, 65 FR 41885 (July 7, 2000), IV FERC
Stats. & Regs. Proposed Regulations ¶ 32,552 (June
30, 2000). The Commission has issued a final rule
regarding the other proposed regulatory changes in
the NOPR. Standards For Business Practices Of
Interstate Natural Gas Pipelines, Order No. 587–M,
65 FR 77285 (Dec. 11, 2000), FERC Stats. & Regs.
Regulations Preambles [July 1996–December 2000]
¶ 31,114 (Nov. 30, 2000).
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Notice of Use of Voluntary Consensus
Standards
15. Office of Management and Budget
Circular A–119 (§ 11) (February 10,
1998) provides that Federal Agencies
should publish a request for comment in
a NOPR when the agency is seeking to
issue or revise a regulation proposing to
adopt a voluntary consensus standard or
a government-unique standard. In this
NOPR, the Commission is proposing to
incorporate by reference voluntary
consensus standards developed by the
WGQ.
Information Collection Statement
16. The following collections of
information contained in this proposed
rule have been submitted to the Office
of Management and Budget (OMB) for
review under Section 3507(d) of the
Paperwork Reduction Act of 1995, 44
U.S.C. 3507(d). The Commission solicits
comments on the Commission’s need for
this information, whether the
information will have practical utility,
the accuracy of the provided burden
estimates, ways to enhance the quality,
utility, and clarity of the information to
be collected, and any suggested methods
for minimizing respondents’ burden,
including the use of automated
information techniques. The following
burden estimate includes the costs to
implement the NAESB WGQ’s Version
1.7 standards as modified by the
standards ratified by NAESB on June 25,
2004 and October 20, 2004, which
incorporate the most recent and up-to-
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date standards governing electronic
communication. The burden estimates
are primarily related to start-up to
implement the latest version of the
Number of
respondents
Data collection
FERC–545 ...............................................................................................
FERC–549C .............................................................................................
Total Annual Hours for Collection
(Reporting and Recordkeeping, (if
appropriate)) = 246,636.
standards and will not result in ongoing costs.
Number of
responses per
respondent
93
93
17. Information Collection Costs: The
Commission seeks comments on the
costs to comply with these
1
1
Hours per
response
Total Number of
hours
38
2,614
3,534
243,102
requirements. It has projected the
average annualized cost for all
respondents to be the following:
FERC–549C
FERC–545
Annualized Capital/Startup Costs ........................................................................................................................
Annualized Costs (Operations & Maintenance) ..................................................................................................
$12,691,327
0
$184,495
0
Total Annualized Costs ................................................................................................................................
12,691,327
184,495
Total Cost for all Respondents =
$12,875,722.
18. OMB regulations 16 require OMB
to approve certain information
collection requirements imposed by
agency rule. The Commission is
submitting notification of this proposed
rule to OMB.
Title: FERC–545, Gas Pipeline Rates:
Rates Change (Non-Formal); FERC–
549C, Standards for Business Practices
of Interstate Natural Gas Pipelines.
Action: Proposed collections.
OMB Control Nos.: 1902–0154, 1902–
0174.
Respondents: Business or other for
profit, (Interstate natural gas pipelines
(Not applicable to small business)).
Frequency of Responses: One-time
implementation (business procedures,
capital/start-up).
Necessity of Information: This
proposed rule, if implemented, would
upgrade the Commission’s current
business practice and communication
standards to the latest edition approved
by the NAESB WGQ (Version 1.7). The
implementation of these standards is
necessary to increase the efficiency of
the pipeline grid and is consistent with
the mandate that agencies provide for
electronic disclosure of information.17
19. The information collection
requirements of this proposed rule will
be reported directly to the industry
users. The implementation of these data
requirements will help the Commission
carry out its responsibilities under the
Natural Gas Act to monitor activities of
the natural gas industry to ensure its
competitiveness and to assure the
improved efficiency of the industry’s
operations. The Commission’s Office of
16 5
CFR 1320.11.
U.S.C. 3504 note, Pub. L. 105–277, 1701,
112 Stat. 2681–749 (1998).
17 44
VerDate jul<14>2003
15:58 Jan 03, 2005
Jkt 205001
Markets, Tariffs and Rates will use the
data in rate proceedings to review rate
and tariff changes by natural gas
companies for the transportation of gas,
for general industry oversight, and to
supplement the documentation used
during the Commission’s audit process.
20. Internal Review: The Commission
has reviewed the requirements
pertaining to business practices and
electronic communication with natural
gas interstate pipelines and made a
determination that the proposed
revisions are necessary to establish a
more efficient and integrated pipeline
grid. Requiring such information
ensures both a common means of
communication and common business
practices which provide participants
engaged in transactions with interstate
pipelines with timely information and
uniform business procedures across
multiple pipelines. These requirements
conform to the Commission’s plan for
efficient information collection,
communication, and management
within the natural gas industry. The
Commission has assured itself, by
means of its internal review, that there
is specific, objective support for the
burden estimates associated with the
information requirements.
21. Interested persons may obtain
information on the reporting
requirements by contacting the
following: Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426. (Attention:
Michael Miller, Office of the Chief
Information Officer, phone: (202) 502–
8415, fax: (202) 273–0873 e-mail:
michael.miller@ferc.gov.)
22. Comments concerning the
collection of information(s) and the
associated burden estimate(s), should be
sent to the contact listed above and to
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
the Office of Management and Budget,
Office of Information and Regulatory
Affairs, Washington, DC 20503
(Attention: Desk Officer for the Federal
Energy Regulatory Commission, phone:
(202) 395–7856, fax: (202) 395–7285).
Environmental Analysis
23. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.18 The Commission has
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.19 The actions proposed
here fall within categorical exclusions
in the Commission’s regulations for
rules that are clarifying, corrective, or
procedural, for information gathering,
analysis, and dissemination, and for
sales, exchange, and transportation of
natural gas that requires no construction
of facilities.20 Therefore, an
environmental assessment is
unnecessary and has not been prepared
in this NOPR.
Regulatory Flexibility Act Certification
24. The Regulatory Flexibility Act of
1980 (RFA)21 generally requires a
description and analysis of final rules
that will have significant economic
impact on a substantial number of small
entities. The regulations proposed here
impose requirements only on interstate
pipelines, the majority of which are not
18 Order No. 486, Regulations Implementing the
National Environmental Policy Act, 52 FR 47897
(Dec. 17, 1987), FERC Stats. & Regs. Regulations
Preambles 1986–1990 ¶ 30,783 (1987).
19 18 CFR 380.4 (2004).
20 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5),
380.4(a)(27) (2004).
21 5 U.S.C. 601–612 (2000).
E:\FR\FM\04JAP1.SGM
04JAP1
Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Proposed Rules
small businesses, and would not have a
significant economic impact. These
requirements are, in fact, designed to
benefit all customers, including small
businesses. Accordingly, pursuant to
section 605(b) of the RFA, the
Commission hereby certifies that the
regulations proposed herein will not
have a significant adverse impact on a
substantial number of small entities.
Comment Procedures
25. The Commission invites interested
persons to submit written comments on
the matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.22
Comments are due February 18, 2005.
Comments must refer to Docket No.
RM96–1–026, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address. Comments may be filed either
in electronic or paper format.
26. Comments may be filed
electronically via the eFiling link on the
Commission’s Web site at https://
www.ferc.gov. The Commission accepts
most standard word processing formats
and commenters may attach additional
files with supporting information in
certain other file formats. Commenters
filing electronically do not need to make
a paper filing. Commenters that are not
able to file comments electronically
must send an original and 14 copies of
their comments to: Federal Energy
Regulatory Commission, Office of the
Secretary, 888 First Street, NE.,
Washington, DC 20426. 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.
27. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
Document Availability
28. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through
FERC’s home page (https://www.ferc.gov)
and in FERC’s Public Reference Room
during normal business hours (8:30 a.m.
22 Commenters may request their comments in
Docket No. RM04–4–000 to be incorporated by
reference into this docket.
VerDate jul<14>2003
17:00 Jan 03, 2005
Jkt 205001
to 5 p.m. eastern time) at 888 First
Street, NE., Room 2A, Washington, DC
20426.
29. From FERC’s home page on the
Internet, this information is available in
eLibrary. The full text of this document
is available in eLibrary both in PDF and
Microsoft Word format for viewing,
printing, and/or downloading. To access
this document in eLibrary, type the
docket number excluding the last three
digits of this document in the docket
number field.
30. User assistance is available for
eLibrary and the FERC’s Web site during
our normal business hours. For
assistance contact FERC Online Support
at FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY,
contact (202) 502–8659.
List of Subjects in 18 CFR Part 284
Continental shelf, Incorporation by
reference, Natural gas, Reporting and
recordkeeping requirements.
By direction of the Commission.
Linda Mitry,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to amend part
284, Chapter I, Title 18, Code of Federal
Regulations, as follows:
PART 284—CERTAIN SALES AND
TRANSPORTATION OF NATURAL GAS
UNDER THE NATURAL GAS POLICY
ACT OF 1978 AND RELATED
AUTHORITIES
1. The authority citation for part 284
continues to read as follows:
Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352; 43 U.S.C. 1331–
1356.
2. Section 284.12 is amended by
revising paragraphs (a)(1)(i) through (v)
and adding a new paragraph (a)(1)(vi) to
read as follows:
§ 284.12 Standards for pipeline business
operations and communications.
(a) * * *
(1) * * *
(i) Additional Standards (General
Standards and Creditworthiness
Standards) (Version 1.7, December 31,
2003);
(ii) Nominations Related Standards
(Version 1.7, December 31, 2003,
including errata, October 15, 2004);
(iii) Flowing Gas Related Standards
(Version 1.7, December 31, 2003);
(iv) Invoicing Related Standards
(Version 1.7, December 31, 2003);
(v) Electronic Delivery Mechanism
Related Standards (Version 1.7,
December 31, 2003) with the exception
of Standard 4.3.4, and including the
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
323
standards contained in 2004 Annual
Plan Item 2 (June 25, 2004) (Order No.
2004 standards), and the standards
contained in Recommendation R03035A
(October 20, 2004) gas quality reporting;
and
(vi) Capacity Release Related
Standards (Version 1.7, December 31,
2003, including errata, October 15,
2004).
*
*
*
*
*
[FR Doc. 05–17 Filed 1–3–05; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 93
[OAR–2003–0049, FRL–7857–2]
Options for PM2.5 and PM10 Hot-Spot
Analyses in the Transportation
Conformity Rule Amendments for the
New PM2.5 and Existing PM10 National
Ambient Air Quality Standards;
Extension of Comment Period
Environmental Protection
Agency (EPA).
ACTION: Supplemental notice of
proposed rule; extension of comment
period.
AGENCY:
SUMMARY: The Environmental Protection
Agency is extending the comment
period for the supplemental proposal
that included additional options for
assessing localized impacts of
individual transportation projects in
particulate matter (PM2.5 and PM10)
nonattainment and maintenance areas
and requested comment on all options
proposed. The supplemental notice of
proposed rulemaking was published in
the Federal Register on December 13,
2004 (69 FR 72140). EPA is extending
the comment period for the proposed
rule to January 27, 2005.
DATES: Written comments on this
supplemental proposal (69 FR 72140)
must be received on or before January
27, 2005.
ADDRESSES: Submit your comments,
identified by Docket ID No. OAR–2003–
0049 by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web site: https://
www.epa.gov/edocket. EDOCKET, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Follow the on-line
instructions for submitting comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: 202–566–1741.
• Mail: Air Docket, Environmental
Protection Agency, Mailcode: 6102T,
E:\FR\FM\04JAP1.SGM
04JAP1
]]>Agencies
[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Proposed Rules]
[Pages 319-323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 284
[Docket Nos. RM96-1-026 and RM96-1-015]
Standards for Business Practices of Interstate Natural Gas
Pipelines
December 21, 2004.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of proposed rulemaking and termination order.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission is proposing to amend
in Docket No. RM96-1-026 its regulations governing standards for
conducting business practices with interstate natural gas pipelines.
The Commission is proposing to incorporate by reference the most recent
version of the standards, Version 1.7, promulgated December 31, 2003,
by the Wholesale Gas Quadrant (WGQ) of the North American Energy
Standards Board (NAESB); the standards ratified by NAESB on June 25,
2004, to implement Order No. 2004, and the standards implementing gas
quality reporting requirements ratified by NAESB on October 20, 2004.
These standards can be obtained from NAESB at 1301 Fannin, Suite 2350,
Houston, TX 77002, 713-356-0060, https://www.naesb.org. The Commission
is also terminating a rulemaking, instituted by a Notice of Proposed
Rulemaking in Docket No. RM96-1-015, issued on June 30, 2000, which
examined whether the Commission should require pipelines to permit
shippers to designate and rank the contracts under which gas flows on
their systems.
DATES: Comments in Docket No. RM96-1-026 are due February 18, 2005.
ADDRESSES: Comments may be filed electronically via the eFiling link on
the Commission's Web site at https://www.ferc.gov. Commenters unable to
file comments electronically must send an original and 14 copies of
their comments to: Federal Energy Regulatory Commission, Office of the
Secretary, 888 First Street, NE., Washington, DC 20426. Refer to
Comment Procedures Section of the preamble for additional information
on how to file comments.
FOR FURTHER INFORMATION CONTACT:
Jamie Chabinsky, Office of the General Counsel, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
202-502-6040.
Marvin Rosenberg, Office of Markets, Tariffs, and Rates, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
202-502-8292.
Kay Morice, Office of Markets, Tariffs, and Rates, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
202-502-6507.
SUPPLEMENTARY INFORMATION:
1. The Federal Energy Regulatory Commission (Commission) proposes
in Docket No. RM96-1-026 to amend Sec. 284.12 of its open access
regulations governing standards for conducting business practices and
electronic communications with interstate natural gas pipelines. The
Commission is proposing to adopt the most recent version, Version 1.7,
of the consensus standards promulgated by the Wholesale Gas Quadrant
(WGQ) of the North American Energy Standards Board (NAESB). The
Commission is also proposing to adopt the standards ratified by NAESB
on June 25, 2004, to implement Order No. 2004 \1\ and the standards to
implement gas quality reporting requirements ratified by NAESB on
October 20, 2004, in Recommendation R03035A, which NAESB intends to
include in its next
[[Page 320]]
version of standards (Version 1.8). The proposed rule is intended to
benefit the public by adopting the most recent and up-to-date standards
governing business practices and electronic communication. The
Commission is also terminating a rulemaking instituted by a Notice of
Proposed Rulemaking issued in Docket No. RM96-1-015 on June 30, 2000
(65 FR 41885), which examined whether the Commission should require
pipelines to permit shippers to designate and rank the contracts under
which gas flows on their systems.
---------------------------------------------------------------------------
\1\ Order No. 2004, 68 FR 69134 (Dec. 11, 2003), III FERC Stats.
& Regs. Regulations Preambles ] 31,155 (Nov. 25, 2003); Order No.
2004-A, 69 FR 23562 (Apr. 29, 2004), III FERC Stats. & Regs.
Regulations Preambles ] 31,161 (Apr. 16, 2004); Order No. 2004-B, 69
FR 48371 (Aug. 10, 2004) III FERC Stats. & Regs. Regulations and
Preambles ] 31,166 (Aug. 2, 2004).
---------------------------------------------------------------------------
Background
2. Since 1996, in the Order No. 587 series,\2\ the Commission has
adopted regulations to standardize the business practices and
communication methodologies of interstate pipelines in order to create
a more integrated and efficient pipeline grid. In this series of
orders, the Commission incorporated by reference consensus standards
developed by the WGQ (formerly the Gas Industry Standards Board or
GISB), a private consensus standards developer composed of members from
all segments of the natural gas industry.
---------------------------------------------------------------------------
\2\ Standards For Business Practices Of Interstate Natural Gas
Pipelines, Order No. 587, 61 FR 39053 (July 26, 1996), FERC Stats. &
Regs. Regulations Preambles [July 1996-December 2000] ] 31,038 (July
17, 1996), Order No. 587-B, 62 FR 5521 (Feb. 6, 1997), FERC Stats. &
Regs. Regulations Preambles [July 1996-December 2000] ] 31,046 (Jan.
30, 1997), Order No. 587-C, 62 FR 10684 (Mar. 10, 1997), FERC Stats.
& Regs. Regulations Preambles [July 1996-December 2000] ] 31,050
(Mar. 4, 1997), Order No. 587-G, 63 FR 20072 (Apr. 23, 1998), FERC
Stats. & Regs. Regulations Preambles [July 1996-December 2000] ]
31,062 (Apr. 16, 1998), Order No. 587-H, 63 FR 39509 (July 23,
1998), FERC Stats. & Regs. Regulations Preambles [July 1996-December
2000] ] 31,063 (July 15, 1998); Order No. 587-I, 63 FR 53565 (Oct.
6, 1998), FERC Stats. & Regs. Regulations Preambles [July 1996-
December 2000] ] 31,067 (Sept. 29, 1998), Order No. 587-K, 64 FR
17276 (Apr. 9, 1999), FERC Stats. & Regs. Regulations Preambles
[July 1996-December 2000] ] 31,072 (Apr. 2, 1999); Order No. 587-M,
65 FR 77285 (Dec. 11, 2000), FERC Stats. & Regs. Regulations
Preambles [July 1996-December 2000] ] 31,114 (Dec. 11, 2000); Order
No. 587-N, 67 FR 11906 (Mar. 18, 2002), III FERC Stats. & Regs.
Regulations Preambles ] 31,125 (Mar. 11, 2002), Order No. 587-O, 67
FR 30788 (May 8, 2002), III FERC Stats. & Regs. Regulations
Preambles ] 31,129 (May 1, 2002); Order No. 587-R, 68 FR 13813 (Mar.
21, 2003), III FERC Stats. & Regs. Regulations Preambles ] 31,141
(Mar. 12, 2003).
---------------------------------------------------------------------------
3. NAESB is an accredited standards organization under the auspices
of the American National Standards Institute (ANSI).
4. On April 14, 2004 NAESB filed with the Commission a report
informing the Commission that the WGQ had adopted a new version of its
standards, Version 1.7. NAESB reports that Version 1.7 includes
standards for partial day recalls which were requested in Order No.
587-N. The Commission previously incorporated these standards by
reference in Order No. 587-R.\3\ Version 1.7 also contains ten
standards regarding creditworthiness \4\ which the Commission proposed
to adopt in a Notice of Proposed Rulemaking (NOPR) in Docket No. RM04-
4-000.\5\ Version 1.7 contains revisions that more accurately reflect
the workings of the market including the definition of transaction
types, charge types, Service Codes, and Reduction Reason Codes. Other
revisions update standards that contained outmoded references, make the
naming conventions more uniform, and permit use of proprietary entity
codes when D-U-N-S[reg] numbers are not available. In addition, the
Version 1.7 standards update the treatment of allocations as well as
requests for information on scheduled quantities, allocations, and
shipper imbalances. Finally, NAESB reports that the WGQ continues work
on requests for new and revised business practices, information
requirements, code value assignments, technical implementation and
mapping or interpretations.
---------------------------------------------------------------------------
\3\ Order No. 587-R, 68 FR 13813 (Mar. 21, 2003), III FERC
Stats. & Regs. Regulations Preambles ] 31,141 (Mar. 12, 2003).
\4\ Standards 0.3.3 through 0.3.10, 5.3.59 and 5.3.60.
\5\ Creditworthiness Standards for Interstate Natural Gas
Pipeline, Notice of Proposed Rulemaking (NOPR), 69 FR 8587 (Feb. 25,
2004), IV FERC Stats. & Regs. Proposed Regulations ] 32,573 (Feb.
12, 2004).
---------------------------------------------------------------------------
5. On August 6, 2004, NAESB filed with the Commission a report
informing the Commission that on June 25, 2004 the WGQ membership
ratified a package of modifications to the Version 1.7 standards to
implement Order No. 2004 (2004 Annual Plan Item 2 FERC Order 2004).\6\
These standards modify the Informational Posting requirements for
pipeline Web sites to reflect the information required to be posted
pursuant to Order No. 2004 and will be included as part of Version 1.8.
---------------------------------------------------------------------------
\6\ The standards ratified June 25, 2004 modified Definition
4.2.1 and Standards 4.3.16, 4.3.18, 4.3.22, 4.3.23, 4.3.25 and
deleted Standards 4.3.6, 4.3.19, 4.3.21 and 4.3.63. They added
Principle 0.1.z1 and deleted Principle 4.1.25.
---------------------------------------------------------------------------
6. On October 1, 2004, NAESB filed a report with the Commission
informing the Commission that errata to Version 1.7 of the NAESB WGQ
standards were adopted by the Executive Committee on August 26, 2004
and, following a member comment period, the errata would be applied to
Version 1.7 on October 15, 2004. The errata contain minor corrections
which remove the table of code values for Bidder Affiliate from
Standard 5.4.13 and correct the Transaction Status Code data element in
the Code Values Dictionary of Standard 1.4.2.
7. On November 1, 2004, NAESB filed a report with the Commission
informing the Commission that on October 20, 2004 the WGQ membership
ratified standards to implement gas quality reporting requirements
(Recommendation R03035A).\7\ These standards require a pipeline to
provide a link on its Informational Posting Web Site to its gas quality
tariff provisions, or a simple reference guide to such information. In
addition, a pipeline is required to provide on its Informational
Postings Web site, in a downloadable format, daily average gas quality
information for prior day(s) to the extent available for locations(s)
that are representative of mainline gas flow for the most recent three-
month period.
---------------------------------------------------------------------------
\7\ The standards ratified October 20, 2004 modified Standard
4.3.23 and added Principle 4.1.p1 and Standards 4.3.s1, 4.3.s2,
4.3.s3, and 4.3.s4.
---------------------------------------------------------------------------
Discussion
8. The Commission is proposing to adopt Version 1.7 of the NAESB
WGQ's consensus standards;\8\ the standards to implement Order No. 2004
ratified by NAESB on June 25, 2004 (2004 Annual Plan Item 2 FERC Order
2004); and the standards governing gas quality reporting ratified by
NAESB on October 20, 2004 (Recommendation R03035A).\9\ Pipelines would
be required to implement the standards three months after a final rule
is issued. Because the Version 1.7 standards include the partial day
recall standards adopted by the Commission in Order No. 587-R, separate
reference to these standards is no longer necessary and is proposed to
be removed.
---------------------------------------------------------------------------
\8\ In Version 1.7 of its standards, the NAESB WGQ added a new
implementation guide entitled ``Additional Standards,'' which
contains general or topic specific standards. Previously these
standards were included in each of five original implementation
guides: Nominations, Flowing Gas, Invoicing, Electronic Delivery
Mechanism, and Capacity Release.
\9\ Pursuant to the regulations regarding incorporation by
reference, copies of Version 1.7 are available from NAESB. 5 U.S.C.
552 (a)(1); 1 CFR 51 (2001).
---------------------------------------------------------------------------
9. Adoption of Version 1.7\10\ of the NAESB WGQ standards will help
continue the process of updating and improving the current standards.
In
[[Page 321]]
adopting the Version 1.7 standards, the Commission is proposing to
adopt the new ``Additional Standards'' implementation guide that
contains standards generally applicable to all the business processes.
This section includes the creditworthiness standards that have already
been noticed for comment in Docket No. RM04-4-000. The Commission will
address the comments filed on these standards prior to issuing a final
rule, and, therefore, there is no need to file comments on these
standards in this proceeding. The Additional Standards also include
standards governing the use of common codes to identify entities in
transactions.
---------------------------------------------------------------------------
\10\ In Version 1.7 the NAESB WGQ made the following changes to
its standards, excluding the creditworthiness standards. It revised
Standards 1.3.32, 2.3.21, 4.3.1, 4.3.2, 5.3.2, 5.3.7, 5.3.41, and
5.3.42, and Datasets 1.4.1 through 1.4.7, 2.4.1 through 2.4.16,
3.4.1 through 3.4.4, and 5.4.1 through 5.4.22. It added Principles
1.1.22, 2.1.6, 5.1.2, 5.1.3, and 5.1.4, Definitions 2.2.4, 2.2.5 and
5.2.3, and Standards 0.3.2, 2.3.51 through 2.3.64, and 5.3.44
through 5.3.58. It deleted Principles 1.1.6, 1.1.8, 1.1.19, and
4.1.14, and Standards 1.3.78, 2.3.24, 2.3.36 through 2.3.39, and
5.3.6.
---------------------------------------------------------------------------
10. The NAESB standards with respect to the Order No. 2004
affiliate standards establish uniform posting requirements for the
Commission requirements. The NAESB standards, however, were developed
prior to the issuance of Order No. 2004-A, and Revised Standard 4.3.23
does not specify a location for posting voluntary consent to
information disclosure by non-affiliated customers as required by Sec.
358 of the Commission regulations.\11\ Electric utilities and pipelines
have been posting this information as a separate category from other
non-discrimination requirements.\12\ Posting this information as a
separate category represents a better practice, since it will make it
easier for the Commission as well as other parties to find and access
this information, and the Commission expects all electric utilities and
pipelines to follow this practice. Since requiring a separate posting
is not inconsistent with the NAESB standard, the Commission is
proposing to incorporate the NAESB standard by reference. We expect
that in future versions of its standards, NAESB will reflect such a
requirement.
---------------------------------------------------------------------------
\11\ 18 CFR 358.5(b)(4). It may be that this information is
intended to be posted under the ``Non-discrimination Rqmts.''
category, but there is no specific subcategory dealing with
voluntary consent information.
\12\ See Cinergy Oasis, https://oasis.midwestiso.org/OASIS/CIN;
National Grid Oasis Log, https://www.nationalgridus.com/OASIS/
keydocs.asp; Entergy FERC Order No. 2004 Standards of Conduct,
https://oasis.e-terrasolutions.com/documents/EES/Order_2004_
Standards_of_Conduct.htm; Peco FERC Standards of Conduct, https://
oasis.peco.com; ANR Pipeline Co., https://tebb.elpaso.com/ebbANR/
ebbmain.asp?sPipelineCode=ANR; Blue Lake Gas Storage Company, http:/
/www.gasnom.com/ip/bluelake/; Transcontinental Gas Pipe Line Corp.,
https://www.1line.williams.com/Files/Transco/
TranscoInfoPostingFrameset.html; CenterPoint Energy Gas Transmission
Company, https://pipelines.centerpointenergy.com/ebb-main-ngt.html.
---------------------------------------------------------------------------
11. The Commission recognizes that the NAESB Wholesale Electric
Quadrant is also working on posting standards, and NAESB should ensure
that the standards relating to Order No. 2004 postings are as similar
as possible across the industries. This will ensure that locating
information is as seamless as possible for the Commission and common
users of these Web sites.
12. The Commission is also proposing to adopt the NAESB standards
related to gas quality in WGQ Recommendation R03035A. These standards
require a pipeline to provide a link on its Informational Posting Web
site to its gas quality tariff provisions, or a simple reference guide
to such information. In addition, a pipeline is required to provide on
its Informational Postings Web site, in a downloadable format, daily
average gas quality information for prior day(s) to the extent
available for locations(s) that are representative of mainline gas flow
for the most recent three-month period. Adoption of these standards
will provide greater transparency to shippers with respect to the gas
quality requirements of interstate pipelines and available information
on gas quality on such pipelines' systems.
13. The NAESB WGQ approved the standards under NAESB's consensus
procedures.\13\ As the Commission found in Order No. 587, adoption of
consensus standards is appropriate because the consensus process helps
ensure the reasonableness of the standards by requiring that the
standards draw support from a broad spectrum of all segments of the
industry. Moreover, since the industry itself has to conduct business
under these standards, the Commission's regulations should reflect
those standards that have the widest possible support. In section 12(d)
of the National Technology Transfer and Advancement Act of 1995
(NTT&AA), Congress affirmatively requires federal agencies to use
technical standards developed by voluntary consensus standards
organizations, like NAESB, as means to carry out policy objectives or
activities.\14\
---------------------------------------------------------------------------
\13\ This process first requires a super-majority vote of 17 out
of 25 members of the WGQ's Executive Committee with support from at
least two members from each of the five industry segments--
interstate pipelines, local distribution companies, gas producers,
end-users, and services (including marketers and computer service
providers). For final approval, 67% of the WGQ's general membership
must ratify the standards.
\14\ Pub L. 104-113, `` 12(d), 110 Stat. 775 (1996), 15 U.S.C.
272 note (1997).
---------------------------------------------------------------------------
14. Additionally, the Commission is terminating a separate
rulemaking (proposed in Docket No. RM96-1-015). On June 30, 2000, the
Commission issued a NOPR proposing, along with other matters, to adopt
a regulation requiring pipelines to permit shippers to designate and
rank the transportation contracts under which gas will flow on the
pipeline's system.\15\ The WGQ standards currently require pipelines to
use shipper ``rankings when making reductions during the scheduling
process'' (Standard 1.3.23), but the WGQ could not reach consensus on a
standard for cross-contract ranking that would apply to all three
pipeline scheduling models. The comments and the information provided
during the technical conference did not reveal a method of
accomplishing cross-contract ranking that would provide improved and
more consistent results than the current standards. Accordingly, the
Commission is terminating the rulemaking in Docket No. RM96-1-015.
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\15\ Standards For Business Practices Of Interstate Natural Gas
Pipelines, Notice of Proposed Rulemaking, 65 FR 41885 (July 7,
2000), IV FERC Stats. & Regs. Proposed Regulations ] 32,552 (June
30, 2000). The Commission has issued a final rule regarding the
other proposed regulatory changes in the NOPR. Standards For
Business Practices Of Interstate Natural Gas Pipelines, Order No.
587-M, 65 FR 77285 (Dec. 11, 2000), FERC Stats. & Regs. Regulations
Preambles [July 1996-December 2000] ] 31,114 (Nov. 30, 2000).
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Notice of Use of Voluntary Consensus Standards
15. Office of Management and Budget Circular A-119 (Sec. 11)
(February 10, 1998) provides that Federal Agencies should publish a
request for comment in a NOPR when the agency is seeking to issue or
revise a regulation proposing to adopt a voluntary consensus standard
or a government-unique standard. In this NOPR, the Commission is
proposing to incorporate by reference voluntary consensus standards
developed by the WGQ.
Information Collection Statement
16. The following collections of information contained in this
proposed rule have been submitted to the Office of Management and
Budget (OMB) for review under Section 3507(d) of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3507(d). The Commission solicits
comments on the Commission's need for this information, whether the
information will have practical utility, the accuracy of the provided
burden estimates, ways to enhance the quality, utility, and clarity of
the information to be collected, and any suggested methods for
minimizing respondents' burden, including the use of automated
information techniques. The following burden estimate includes the
costs to implement the NAESB WGQ's Version 1.7 standards as modified by
the standards ratified by NAESB on June 25, 2004 and October 20, 2004,
which incorporate the most recent and up-to-
[[Page 322]]
date standards governing electronic communication. The burden estimates
are primarily related to start-up to implement the latest version of
the standards and will not result in on-going costs.
----------------------------------------------------------------------------------------------------------------
Number of
Data collection Number of responses per Hours per Total Number of
respondents respondent response hours
----------------------------------------------------------------------------------------------------------------
FERC-545.................................... 93 1 38 3,534
FERC-549C................................... 93 1 2,614 243,102
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Total Annual Hours for Collection (Reporting and Recordkeeping, (if
appropriate)) = 246,636.
17. Information Collection Costs: The Commission seeks comments on
the costs to comply with these requirements. It has projected the
average annualized cost for all respondents to be the following:
------------------------------------------------------------------------
FERC-549C FERC-545
------------------------------------------------------------------------
Annualized Capital/Startup Costs...... $12,691,327 $184,495
Annualized Costs (Operations & 0 0
Maintenance).........................
------------------
Total Annualized Costs............ 12,691,327 184,495
------------------------------------------------------------------------
Total Cost for all Respondents = $12,875,722.
18. OMB regulations \16\ require OMB to approve certain information
collection requirements imposed by agency rule. The Commission is
submitting notification of this proposed rule to OMB.
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\16\ 5 CFR 1320.11.
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Title: FERC-545, Gas Pipeline Rates: Rates Change (Non-Formal);
FERC-549C, Standards for Business Practices of Interstate Natural Gas
Pipelines.
Action: Proposed collections.
OMB Control Nos.: 1902-0154, 1902-0174.
Respondents: Business or other for profit, (Interstate natural gas
pipelines (Not applicable to small business)).
Frequency of Responses: One-time implementation (business
procedures, capital/start-up).
Necessity of Information: This proposed rule, if implemented, would
upgrade the Commission's current business practice and communication
standards to the latest edition approved by the NAESB WGQ (Version
1.7). The implementation of these standards is necessary to increase
the efficiency of the pipeline grid and is consistent with the mandate
that agencies provide for electronic disclosure of information.\17\
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\17\ 44 U.S.C. 3504 note, Pub. L. 105-277, 1701, 112 Stat. 2681-
749 (1998).
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19. The information collection requirements of this proposed rule
will be reported directly to the industry users. The implementation of
these data requirements will help the Commission carry out its
responsibilities under the Natural Gas Act to monitor activities of the
natural gas industry to ensure its competitiveness and to assure the
improved efficiency of the industry's operations. The Commission's
Office of Markets, Tariffs and Rates will use the data in rate
proceedings to review rate and tariff changes by natural gas companies
for the transportation of gas, for general industry oversight, and to
supplement the documentation used during the Commission's audit
process.
20. Internal Review: The Commission has reviewed the requirements
pertaining to business practices and electronic communication with
natural gas interstate pipelines and made a determination that the
proposed revisions are necessary to establish a more efficient and
integrated pipeline grid. Requiring such information ensures both a
common means of communication and common business practices which
provide participants engaged in transactions with interstate pipelines
with timely information and uniform business procedures across multiple
pipelines. These requirements conform to the Commission's plan for
efficient information collection, communication, and management within
the natural gas industry. The Commission has assured itself, by means
of its internal review, that there is specific, objective support for
the burden estimates associated with the information requirements.
21. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. (Attention:
Michael Miller, Office of the Chief Information Officer, phone: (202)
502-8415, fax: (202) 273-0873 e-mail: michael.miller@ferc.gov.)
22. Comments concerning the collection of information(s) and the
associated burden estimate(s), should be sent to the contact listed
above and to the Office of Management and Budget, Office of Information
and Regulatory Affairs, Washington, DC 20503 (Attention: Desk Officer
for the Federal Energy Regulatory Commission, phone: (202) 395-7856,
fax: (202) 395-7285).
Environmental Analysis
23. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\18\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\19\ The actions proposed here fall within categorical
exclusions in the Commission's regulations for rules that are
clarifying, corrective, or procedural, for information gathering,
analysis, and dissemination, and for sales, exchange, and
transportation of natural gas that requires no construction of
facilities.\20\ Therefore, an environmental assessment is unnecessary
and has not been prepared in this NOPR.
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\18\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. Regulations Preambles 1986-1990 ] 30,783 (1987).
\19\ 18 CFR 380.4 (2004).
\20\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27)
(2004).
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Regulatory Flexibility Act Certification
24. The Regulatory Flexibility Act of 1980 (RFA)\21\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The regulations proposed here impose requirements only on interstate
pipelines, the majority of which are not
[[Page 323]]
small businesses, and would not have a significant economic impact.
These requirements are, in fact, designed to benefit all customers,
including small businesses. Accordingly, pursuant to section 605(b) of
the RFA, the Commission hereby certifies that the regulations proposed
herein will not have a significant adverse impact on a substantial
number of small entities.
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\21\ 5 U.S.C. 601-612 (2000).
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Comment Procedures
25. The Commission invites interested persons to submit written
comments on the matters and issues proposed in this notice to be
adopted, including any related matters or alternative proposals that
commenters may wish to discuss.\22\ Comments are due February 18, 2005.
Comments must refer to Docket No. RM96-1-026, and must include the
commenter's name, the organization they represent, if applicable, and
their address. Comments may be filed either in electronic or paper
format.
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\22\ Commenters may request their comments in Docket No. RM04-4-
000 to be incorporated by reference into this docket.
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26. Comments may be filed electronically via the eFiling link on
the Commission's Web site at https://www.ferc.gov. The Commission
accepts most standard word processing formats and commenters may attach
additional files with supporting information in certain other file
formats. Commenters filing electronically do not need to make a paper
filing. Commenters that are not able to file comments electronically
must send an original and 14 copies of their comments to: Federal
Energy Regulatory Commission, Office of the Secretary, 888 First
Street, NE., Washington, DC 20426. 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.
27. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
Document Availability
28. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's home page (https://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
29. From FERC's home page on the Internet, this information is
available in eLibrary. The full text of this document is available in
eLibrary both in PDF and Microsoft Word format for viewing, printing,
and/or downloading. To access this document in eLibrary, type the
docket number excluding the last three digits of this document in the
docket number field.
30. User assistance is available for eLibrary and the FERC's Web
site during our normal business hours. For assistance contact FERC
Online Support at FERCOnlineSupport@ferc.gov or toll-free at (866) 208-
3676, or for TTY, contact (202) 502-8659.
List of Subjects in 18 CFR Part 284
Continental shelf, Incorporation by reference, Natural gas,
Reporting and recordkeeping requirements.
By direction of the Commission.
Linda Mitry,
Deputy Secretary.
In consideration of the foregoing, the Commission proposes to amend
part 284, Chapter I, Title 18, Code of Federal Regulations, as follows:
PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES
1. The authority citation for part 284 continues to read as
follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352;
43 U.S.C. 1331-1356.
2. Section 284.12 is amended by revising paragraphs (a)(1)(i)
through (v) and adding a new paragraph (a)(1)(vi) to read as follows:
Sec. 284.12 Standards for pipeline business operations and
communications.
(a) * * *
(1) * * *
(i) Additional Standards (General Standards and Creditworthiness
Standards) (Version 1.7, December 31, 2003);
(ii) Nominations Related Standards (Version 1.7, December 31, 2003,
including errata, October 15, 2004);
(iii) Flowing Gas Related Standards (Version 1.7, December 31,
2003);
(iv) Invoicing Related Standards (Version 1.7, December 31, 2003);
(v) Electronic Delivery Mechanism Related Standards (Version 1.7,
December 31, 2003) with the exception of Standard 4.3.4, and including
the standards contained in 2004 Annual Plan Item 2 (June 25, 2004)
(Order No. 2004 standards), and the standards contained in
Recommendation R03035A (October 20, 2004) gas quality reporting; and
(vi) Capacity Release Related Standards (Version 1.7, December 31,
2003, including errata, October 15, 2004).
* * * * *
[FR Doc. 05-17 Filed 1-3-05; 8:45 am]
BILLING CODE 6717-01-P
