Standards for Business Practices for Interstate Natural Gas Pipelines, 16337-16345 [2010-6976]
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Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Rules and Regulations
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This rulemaking is promulgated
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§ 71.1
[Amended]
2. The incorporation by reference in
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effective September 15, 2009, is
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Paragraph 6011 United States Area
Navigation Routes.
*
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T–284 WEMAR, TX to Scholes, TX [New]
WEMAR, TX—Fix
(Lat. 29°39′37″ N., long. 97°00′37″ W.)
DROPP, TX—Fix
(Lat. 29°13′38″ N., long. 95°32′04″ W.)
Scholes, TX (VUH)—VORTAC
(Lat. 29°16′10″ N., long. 94°52′04″ W.)
Issued in Washington, DC, on March 25,
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Kelly Neubecker,
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[FR Doc. 2010–7245 Filed 3–31–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 284
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
[Docket Nos. RM96–1–030 and RM96–1–
036; Order No. 587–U]
Standards for Business Practices for
Interstate Natural Gas Pipelines
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
AGENCY: Federal Energy Regulatory
Commission.
ACTION: Final Rule.
1. The authority citation for part 71
continues to read as follows:
SUMMARY: The Federal Energy
Regulatory Commission (Commission) is
■
amending its regulations that establish
standards for interstate natural gas
pipeline business practices and
electronic communications to
incorporate by reference into its
regulations the most recent version of
the standards, Version 1.9, adopted by
the Wholesale Gas Quadrant (WGQ) of
the North American Energy Standards
Board (NAESB) applicable to natural gas
pipelines, with certain enumerated
exceptions. This rule upgrades the
Commission’s current business practice
and communication standards to
include standards governing IndexBased Capacity Release and Flexible
Delivery and Receipt Points and to
reflect the Commission’s findings in
Order Nos. 698, 712, 717, and 682. This
rule will increase the efficiency of the
pipeline grid and make pipelines’
electronic communications more secure.
DATES: Effective Date: This rule will
become effective May 3, 2010. Natural
gas pipelines are required to file tariff
sheets to reflect the changed standards
on September 1, 2010, to take effect on
November 1, 2010. Implementation of
these standards is required on and after
November 1, 2010. The incorporation by
reference of certain publications in this
rule is approved by the Director of the
Federal Register as of May 3, 2010.
FOR FURTHER INFORMATION CONTACT:
Adoption of the Amendment
■
16337
Ryan M. Irwin (technical issues), Office
of Energy Market Regulation, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC
20426, (202) 502–6454.
Gary D. Cohen (legal issues), Office of
the General Counsel, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
(202) 502–8321.
SUPPLEMENTARY INFORMATION:
TABLE OF CONTENTS
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Paragraph
Nos.
I. Background ............................................................................................................................................................................................
II. Discussion ............................................................................................................................................................................................
A. Incorporation of the NAESB Standards by Reference ................................................................................................................
B. Issues Raised by Commenters ......................................................................................................................................................
1. Waivers of the Index-Based Capacity Release Pricing Standards .......................................................................................
2. Issues on Which Consensus Could Not Be Reached ...........................................................................................................
a. Intra-Day Nominations ...................................................................................................................................................
b. Gas Quality Posting ........................................................................................................................................................
III. Implementation Schedule and Procedures .......................................................................................................................................
IV. Notice of Use of Voluntary Consensus Standards ............................................................................................................................
V. Information Collection Statement .......................................................................................................................................................
VI. Environmental Analysis .....................................................................................................................................................................
VII. Regulatory Flexibility Act .................................................................................................................................................................
VIII. Document Availability .....................................................................................................................................................................
IX. Effective Date and Congressional Notification .................................................................................................................................
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Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Rules and Regulations
Before Commissioners: Jon Wellinghoff,
Chairman; Marc Spitzer, Philip D.
Moeller, and John R. Norris.
Final Rule
Issued March 24, 2010.
1. The Federal Energy Regulatory
Commission (Commission) is amending
§ 284.12 of its regulations (which
establishes standards for natural gas
pipeline business practices and
electronic communications) 1 to
incorporate by reference the most recent
version (Version 1.9) of the standards
promulgated by the Wholesale Gas
Quadrant (WGQ) of the North American
Energy Standards Board (NAESB). This
rule upgrades the Commission’s current
business practice and communication
standards to include standards
governing Index-Based Capacity Release
and Flexible Delivery and Receipt
Points and to reflect the Commission’s
findings in Order Nos. 698, 712, 717,
and 682.2
I. Background
2. Since 1996, in the Order No. 587
series,3 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 NAESB (formerly the Gas
Industry Standards Board or GISB), a
private consensus standards developer
composed of members from all segments
of the natural gas industry. NAESB is an
accredited standards organization under
the auspices of the American National
Standards Institute (ANSI).
3. A cold snap in January 2004 in
New England highlighted the need for
better coordination and communication
between the gas and electric industries
as coincident peaks occurred in both
industries making the acquisition of gas
and transportation by power plant
operators more difficult. In response to
1 18
CFR 284.12.
for Business Practices for Interstate
Natural Gas Pipelines, Order No. 698, FERC Stats.
& Regs. ¶ 31,251 (2007), order on clarification and
reh’g, Order No. 698–A, 121 FERC ¶ 61,264 (2007);
Promotion of a More Efficient Capacity Release
Market, Order No. 712, FERC Stats. & Regs. ¶ 31,271
(2008), order on reh’g, Order No. 712–A, FERC
Stats. & Regs. ¶ 31,284 (2008); Standards of Conduct
for Transmission Providers, Order No. 717, FERC
Stats. & Regs. ¶ 31,280 (2008), Revision of
Regulations to Require Reporting of Damage to
Natural Gas Pipeline Facilities, Order No. 682,
FERC Stats. & Regs. ¶ 31,227 (2006). We also take
this opportunity to update § 284.12(a)(2) to reflect
NAESB’s new address.
3 Standards for Business Practices of Interstate
Natural Gas Pipelines, Order No. 587, 61 FR 39053
(Jul. 26, 1996), FERC Stats. & Regs. ¶ 31,038 (1996).
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2 Standards
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this need, in early 2004, NAESB
established a Gas-Electric Coordination
Task Force to examine issues related to
the interrelationship of the gas and
electric industries and identify potential
areas for improved coordination through
standardization. NAESB developed a
number of standards to enhance the
coordination of scheduling and other
business practices between the gas and
electric industries.
4. On June 27, 2005, NAESB filed
these standards with the Commission
and requested clarification regarding a
number of additional proposals that it
was considering, including capacity
release indexed pricing, the use of
flexible receipt and delivery points
upstream of a constraint, and changes to
the intra-day nomination cycle. The
2005 NAESB report highlighted several
issues relating to Commission policy
that were inhibiting the development of
additional standards and requested
Commission guidance and clarification
on these issues.
5. In Order No. 698, the Commission
incorporated by reference certain
NAESB business practices standards for
interstate natural gas pipelines designed
to improve coordination and
communication between the gas and
electric industries. The order also
provided clarification and guidance on
three issues on which NAESB had been
unable to reach a consensus: (1) Uses of
gas indices for pricing capacity release
transactions; (2) flexibility in the use of
receipt and delivery points; and (3)
changes to the intraday nomination
schedule to increase the number of
scheduling opportunities for firm
shippers.4
6. On September 3, 2008, NAESB
submitted a report to the Commission
on these three issues. NAESB reports
that its membership conducted thirteen
subcommittee meetings, many of which
were multi-day meetings, held between
June 2007 and July 2008. While the
standards discussed related only to gas
issues, NAESB states that all interested
parties, including the Wholesale Electric
Quadrant membership, were invited to
participate and share their perspectives.
Two hundred people, including many
from the electric industry, participated
in these meetings.
7. NAESB’s September 2008 report
also states that the WGQ has adopted
business practice standards for (1)
increasing the flexibility of gas receipt
and delivery points and (2) index-based
pricing for capacity releases. In
addition, despite holding 12 meetings
with respect to modifying the intra-day
4 See Order No. 698, FERC Stats. & Regs. ¶ 31,251
at P 1, 55–57, 63–64, 69.
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nomination schedule, NAESB reports
that none of the proposed standards for
revised intra-day nominations achieved
a sufficient consensus for adoption.
8. On July 16, 2009, after a review of
the new and revised standards
referenced in NAESB’s September 2008
Report, the Commission issued a notice
of proposed rulemaking that proposed
to amend the Commission’s regulations
at 18 CFR 284.12 to incorporate by
reference the consensus standards
adopted by NAESB’s WGQ that (1)
permit the use of indices to price
capacity release transactions and (2)
afford greater flexibility on the receipt
and delivery points for redirects of
scheduled gas quantities.5 The
Commission also noted that the industry
was unable to reach consensus on
increasing opportunities for intra-day
nominations. Seven entities filed
comments in response to the July 2009
NOPR.6
9. On September 30, 2009, NAESB
filed a report informing the Commission
that it had adopted and ratified Version
1.9 of its business practice standards
applicable to natural gas pipelines.7 The
Version 1.9 standards are the result of
a continuing effort by NAESB’s WGQ
and the gas industry to add additional
specificity and functionality to gas
standards. For example, the Version 1.9
Business Practice Standards now
include communication standards and
protocols concerning the use of indexbased pricing for capacity releases,
which the Commission proposed to
adopt in the July 2009 NOPR, and new
standards adopted in response to Order
Nos. 698, 712, 717, and 682. In addition,
these new and modified standards now
support the ability of pipelines to
redirect gas around constraints, provide
additional gas quality and transactional
reporting, and add new information
posting requirements for Web sites and
browsers.
10. On November 19, 2009, the
Commission issued a notice of proposed
rulemaking that proposed to amend the
Commission’s regulations at 18 CFR
284.12 to incorporate by reference the
latest version (Version 1.9) of consensus
business practice standards adopted by
NAESB’s WGQ applicable to natural gas
pipelines.8 Three entities filed
5 Standards for Business Practices for Interstate
Natural Gas Pipelines, Notice of Proposed
Rulemaking, 74 FR 36633 (Jul. 24, 2009), FERC
Stats. & Regs. ¶ 32,645 (2009) (July 2009 NOPR).
6 The entities that filed comments and the
abbreviations used in this Final Rule to identify
these entities are listed in Appendix A.
7 The business practice standards addressed in
the July 2009 NOPR are included as part of the
Version 1.9 Standards.
8 Standards for Business Practices for Interstate
Natural Gas Pipelines, Notice of Proposed
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Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Rules and Regulations
comments in response to the November
2009 NOPR.9
II. Discussion
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A. Incorporation of the NAESB
Standards by Reference
11. After a review of the comments
filed in response to the two NOPRs, the
Commission will amend part 284 of its
regulations to incorporate by reference
Version 1.9 of the NAESB WGQ’s
consensus standards, with the two
exceptions noted in the November 2009
NOPR.10 The Version 1.9 Standards
include communication standards and
protocols related to the business
practice standards dealing with indexbased capacity release, which the
Commission proposed to adopt in the
July 2009 NOPR, and new standards
adopted in response to Order Nos. 698,
712, 717, and 682. These new and
modified standards provide additional
flexibility to shippers. The standards
create a uniform method that will
enable releasing and replacement
shippers to use third-party rate indices
to create rate formulas for capacity
releases that will better reflect the value
of capacity. These standards also reflect
a reasonable compromise for dealing
with copyright issues that arise in using
copyrighted gas indices to set prices,
ensuring that shippers have a reasonable
choice of available indices to use while
equitably spreading the costs entailed
by the use of such indices among the
pipelines and shippers. The standard for
the use of flexible receipt and delivery
points will enable all shippers to
quickly and efficiently redirect gas
when such gas may be needed by gas
generators or other shippers. In
addition, the standards will provide for
more uniform reporting for gas quality
and new information posting
requirements for Web sites and
browsers. Adoption of the Version 1.9
Standards will continue the process of
updating and improving NAESB’s
business practice standards for the
wholesale gas market.
12. To implement these standards,
natural gas pipelines will be required to
Rulemaking, 74 FR 62261 (Nov. 27, 2009), FERC
Stats. & Regs. ¶ 32,649 (2009) (November 2009
NOPR).
9 See supra n.6.
10 As proposed in the November 2009 NOPR, the
Commission is continuing its past practice and is
not incorporating by reference Standards 4.3.4 and
10.3.2, because they are inconsistent with the
Commission’s record retention requirement in 18
CFR 284.12(b)(3)(v). In addition, the Commission is
not incorporating by reference the WEQ/WGQ
eTariff Related Standards because the Commission
has already adopted standards and protocols for
electronic tariff filings based on the NAESB
Standards. See Electronic Tariff Filings, FERC Stats.
& Regs. ¶ 31,276 (2008).
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file tariff sheets to reflect the changed
standards on September 1, 2010, to take
effect on November 1, 2010, and will be
required to implement these standards
on and after November 1, 2010.
13. NAESB approved the Version 1.9
Standards under NAESB’s consensus
procedures.11 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
industry participants representing 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 determined by the agencies
unless use of such standards would be
inconsistent with applicable law or
otherwise impractical.12
14. The comments on both NOPRs
generally supported the adoption of the
standards. We will address below the
few issues raised in the comments.
B. Issues Raised by Commenters
1. Waivers of the Index-Based Capacity
Release Pricing Standards Comments
15. Carolina does not object to
incorporation of the capacity release
index-based standards, but states that
‘‘substantial costs and administrative
burdens would be imposed on Carolina
unnecessarily if it was required to fulfill
all of the requirements of the standards
adopted by NAESB to address indexbased capacity releases.’’ 13 Furthermore,
Carolina states that in almost three years
of operation as an interstate pipeline, no
shipper has requested index-based
pricing for a capacity release on
Carolina’s system, and Carolina itself
has not sold capacity on its system
using index prices. In addition, Carolina
stated that because of its small staff, the
11 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—
Distributors, End Users, Pipelines, Producers, and
Services (including marketers and computer service
providers). For final approval, 67 percent of the
WGQ’s general membership voting must ratify the
standards.
12 Public Law 104–113, § 12(d), 110 Stat. 775
(1996), 15 U.S.C. 272 note (1997).
13 Carolina Comments (Docket No. RM96–1–030)
at 2.
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16339
time and cost of implementing the
standards would far exceed the
estimates of the NOPR.14
16. Carolina concludes by stating that
as long as a pipeline supports indexbased capacity releases in a manner
adequate to its circumstances and the
needs of its shippers, the Commission’s
policies would be fulfilled.
Alternatively, the Commission, in its
final rule, should indicate its
willingness to grant waivers of the
capacity release standards to pipelines
operating under the circumstances and
needs of its shippers.15
17. AGA supports Carolina’s
argument on the availability of waivers,
and argues that, to the extent the
particular circumstances of an
individual pipeline warrants additional
time to implement these standards, the
pipeline should seek a waiver of the
regulations. In this regard, AGA believes
the Commission should consider
Carolina’s concerns described in their
comments regarding their specific
circumstances in an individual
proceeding on a request for waiver as
opposed to revising the Final Rule to
address potential implementation
issues.16
Commission Finding
18. Determining whether a waiver or
extension of time, or whether a nonstandard process may be appropriate for
an individual pipeline based on their
particular circumstances cannot be
determined generically in a final rule.
Carolina needs to raise such issues in its
compliance filing or in a request for
waiver, so that its shippers will have an
opportunity to intervene and raise any
concerns with Carolina’s proposals.17
2. Issues On Which Consensus Could
Not Be Reached
a. Intra-Day Nominations Background
19. In the July 2009 NOPR,18 the
Commission determined not to propose
regulations to resolve a disputed issue
relating to revising the schedule for
intra-day nominations. The
Commission’s regulations provide that
nominations by shippers with firm
transportation service have priority over
nominations by shippers with
interruptible service.19 In Order No.
14 Id.
at 3.
at 5.
16 AGA Reply Comments (Docket No. RM96–1–
030) at 5.
17 See, e.g., WestGas InterState, Inc., 130 FERC
¶ 61,165, at P 4 (2010).
18 July 2009 NOPR at P 6, 19–20.
19 18 CFR 284.12 (b)(1)(i).
15 Id.
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Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Rules and Regulations
587–G,20 issued in 1998, the
Commission, however, followed the Gas
Industry Standards Board 21 consensus
and permitted pipelines with three
intra-day nomination opportunities to
exempt the last intra-day opportunity
from bumping. The Commission found
that the consensus created a fair balance
between firm shippers, who will have
had two opportunities to reschedule
their gas, and interruptible shippers and
will provide some necessary stability in
the nomination system, so that shippers
can be confident by mid-afternoon that
they will receive their scheduled flows.
20. The NAESB standards currently
provide shippers four nomination
opportunities: The Timely Nomination
Period (11:30 a.m. CCT 22 the day prior
to gas flow), the Evening Nomination
Cycle (6 p.m. CCT the day before gas
flow); Intra-Day 1 (10 a.m. CCT the day
of gas flow); and Intra-Day 2 (5 p.m.
CCT the day of gas flow). A firm
nomination for the first three
nomination cycles has priority over (can
bump) an already scheduled
interruptible (IT) nomination. But at the
Intra-Day 2 cycle, a firm nomination
will not bump already scheduled
interruptible service.
Cycle
Nomination time
(CCT)
Nomination effective
Bumping IT
Bumping notice
Timely ........................
Evening ......................
Intra-Day 1 .................
Intra-Day 2 .................
11:30 a.m ..................
6 p.m .........................
10 a.m .......................
5 p.m .........................
Day-Ahead ................
Day-Ahead ................
Day of .......................
Day of .......................
Yes ............................
Yes ............................
Yes ............................
No .............................
4:30 p.m ....................
10 p.m .......................
2 p.m .........................
NA .............................
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21. A number of parties urged NAESB
to consider revising these timelines to
better coordinate scheduling for the gas
and electric industries. The NAESB
committee held 12 meetings and
considered a wide variety of possible
revisions to the nomination schedule
adopted in 1998. These included
complete revisions of the timeline,
including changing the gas day; adding
intra-day nomination opportunities
within the existing framework; changing
the Intra-Day 2 to a bump nomination
while adding an additional no-bump
nomination period, and merely
changing the Intra-Day 2 cycle to a
bumpable nomination. None of these
proposals achieved a sufficient
consensus at the subcommittee level.
22. In the July NOPR, we did not
propose to resolve the dispute, finding
that ‘‘a simple, one-size fits-all solution
does not exist that will solve the
complex issue of coordinating between
the electric and gas industries, [because]
the diversity within the electric industry
(e.g., differing timelines, system peaks
times, generation mixes, and prevalence
of firm gas service), in particular, does
not suggest that revising gas scheduling
procedures is the most effective means
to improve coordination.’’ 23 Based on
the extensive NAESB record that we
reviewed, we were not convinced that
we have a sufficient basis for finding
that any of the proposed revisions create
a superior balance of interests compared
with the original consensus.24
Comments
23. NGSA supports the Commission’s
proposal to not impose a generic change
to the intra-day nomination timeline of
all pipelines.25 NJN/PSEG also supports
the Commission’s decision to not adopt
any changes to its current regulations
and policies regarding intra-day
nominations. These commenters note
that the lack of consensus among
NAESB participants only underscores
the concerns the gas industry has with
proposed changes to the current NAESB
gas nomination timeline.26
24. By contrast, TVA disagrees with
the Commission’s proposal to maintain
the status quo regarding intra day
nomination regulations. TVA states that,
due to an ever increasing amount of
renewable resources and their
intermittent nature, it is crucial for the
electric and gas industry to coincide
their scheduled loads in order to
maintain both flexibility and
reliability.27 TVA urges the Commission
to postpone this ruling until more
information is gathered on this issue 28
and requests that a technical conference
be convened to on this matter.29
25. APS also states that maintaining
the status quo is not an option, and that
the NAESB gas nomination timeline
must be modified. It further states that
the only proposal that currently
accomplishes objectives such as
pipeline infrastructure development,
greater access to firm capacity,
enhanced reliability, and reduced risk
20 Standards for Business Practices of Interstate
Natural Gas Pipelines, Order No. 587–G, 63 FR
20072 (Apr. 23, 1998), FERC Stats. & Regs. ¶ 31,062,
at 30,672 (1998).
21 At that time, NAESB was the Gas Industry
Standards Board and had not yet expanded to
include the electric industry or the retail gas and
electric segments.
22 Central clock time.
23 July 16 NOPR at P 21 (citing NAESB September
3, 2008 filing at 26, Comments of Interested LDCs,
https://www.naesb.org/pdf3/wgq_060308ldc.pdf).
24 For example, we do not know the costs to the
pipelines and practical implications to shippers or
others of creating more numerous intra-day
nomination opportunities or adding a late
nomination period well after normal business
hours.
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Schedule confirmed
4:30 p.m.
10 p.m.
2 p.m.
9 p.m.
for shippers is the APS/TVA proposal.
It states that absent approval of the APS/
TVA proposal, NAESB cannot make
further progress without policy
guidance from the Commission on the
issues of: (1) Whether the no bump rule,
in its entirety, should be eliminated;
and/or (2) if the no bump rule is
maintained, what is the minimum
amount of hours that interruptible
service should be guaranteed to flow,
and does the minimum amount of flow
have to be as a result of the last cycle
of the day.30
26. NGSA urges the Commission to
deny the request of TVA and others to
schedule a technical conference on the
issue of intraday pipeline nomination
schedules. In this regard, NGSA asserts
that NAESB had an extensive and open
process to consider the various
proposed modifications to the timelines.
In the end, no consensus approach was
approved. However, despite the
significant NAESB efforts, parties are
now asking for a technical conference.
In NGSA’s view, such a conference
would be unnecessary and redundant,31
and the Commission should adhere to
its proposal. NGSA concludes that no
compelling reason has been shown why
the Commission should not accept the
comprehensive NAESB process.
Commission Determination
27. The comments on this issue reveal
the same kinds of disagreements that
surfaced in the NAESB process, and we
25 NGSA
Comments (Docket No. RM96–1–030)
at 3.
26 NJN/PSEG Comments (Docket No. RM96–1–
030) at 8–9.
27 TVA Comments (Docket No. RM96–1–030) at 2.
28 Id. at 1.
29 TVA at 2.
30 APS Comments (Docket No. RM96–1–030) at 7.
31 NGSA Comments (Docket No. RM96–1–030)
at 5.
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still do not see that any nationwide
scheduling solution is superior to the
balance between firm and interruptible
service created by the existing
standards. Having a last No-bump
nomination opportunity provides
necessary stability to the nomination
system by ensuring that interruptible
shippers can be bumped only at the
Intra-Day I nomination cycle during the
business day and so will have an
opportunity to reschedule their gas.
Furthermore, some electric generators
rely on interruptible transportation of
natural gas to supply fuel; changing the
intra-day nomination rules would not
constitute an improvement in gaselectric coordination. Moreover, because
these nationwide standards cover four
time zones, and already extends to 10
p.m. East Coast time, we do not believe
that extending the No-bump cycle even
later in the night is a reasonable
alternative. As we stated in the NOPR,
individual pipelines may be able to offer
special services or increased nomination
opportunities that will better fit the
profile of gas fired generation. Given the
extensive comments during the NAESB
process, and those filed here, we see
little benefit from holding a technical
conference on this issue.
b. Gas Quality Posting
Background
28. NAESB modified Gas Quality
Standards Nos. 4.3.90 and 4.3.92 and
also added a new gas quality standard.
However, NAESB reported that two
proposed gas quality standards failed to
pass as a result of a single segment
failing to approve the standard. One of
the blocked standards would have
required a pipeline that currently does
not post a Wobbe number 32 to post gas
quality information on its Web site and
to calculate and post a Wobbe number
when notified by a Service Requestor of
its desire to begin discussing the
interchangeability of gas supplies. The
other blocked standard would have
added to an existing requirement that
pipelines post and permit downloads of
three months of historical gas quality
data by requiring that the pipelines
permit the download of gas quality
information for a date range specified by
the party seeking to download the
information. The Commission proposed
to take no action on these blocked
standards.
Comments
29. AGA notes that, in the November
2009 NOPR, the Commission did not
propose to require the incorporation of
standards regarding the posting of gas
quality information. AGA urges the
Commission to reconsider, and argues
that, when there is strong support
within four industry segments for a
proposed NAESB standard, but a single
segment blocks the initiative, such a
proposal cannot be fairly characterized
as lacking support.33 AGA also argues
that the Commission should take a
closer look at the standards and make a
determination on the merits as to
whether the benefits achieved by the
transparency of gas quality information
and the efficiency associated with the
standardized practices as to posting the
information would outweigh the burden
of the incorporation of such standards.34
30. AGA maintains that the standard
requiring pipelines to calculate the
Wobbe number is consistent with the
Commission’s reliance on the Natural
Gas Council’s White Paper on Natural
Gas Interchangeability and NonCombustion End Uses.35 AGA contends
that the White Paper concluded that
‘‘the Wobbe Number provides the most
efficient and robust single index and
measure of gas interchangeability,’’ and
AGA argues shippers have a critical
need for the Wobbe number. AGA also
argues that the blocked posting standard
would allow shippers to obtain
information based on a given date range
which will allow shippers to compare
gas quality information over different
periods of time.
31. AGA also recommends that the
Commission consider the merits of
posting historical gas quality
information based on a given date range
so that shippers could compare gas
quality information over different
periods rather than the NAESB standard
33 AGA
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32 The
Wobbe number or Wobbe index is named
after Goffredo Wobbe, an Italian physicist who
developed a formula to compare the characteristics
of two gasses. The Wobbe index is a measure of the
physical combustion characteristics of natural gas
used in the natural gas industry to ensure that
natural gas from different sources is compatible
with gas-burning equipment in a particular service
area. See Williams, Technical Background and
Issues of Gas Interchangeability, 27 (AGA Staff
Paper, 2006) (https://www.aga.org/NR/rdonlyres/
C9D9FB1D-E244-4B9D-9C67-5FA74C24A8E0/0/
0604GASINTERCHANGEABILITYSTAFFPAPER
.pdf.).
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Comments (Docket No. RM96–1–036)
at 6.
34 Id.
at 6–7.
White Paper on Gas Interchangeability was
developed by a consortium of parties, including
pipelines, LNG suppliers, utilities, power
generators, and other end users of natural gas, and
discusses issues and makes recommendations with
respect to natural gas quality and
interchangeability. https://www.ferc.gov/industries/
lng/indus-act/issues/gas-qual/natural-gas-inter.pdf.
On June 15, 2006, the Commission issued a Policy
Statement relating to natural gas quality. Natural
Gas Interchangeability, 115 FERC ¶ 61,325 (2006),
reh’g denied, 126 FERC ¶ 61,210 (2009).
35 The
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16341
which require information by location
for a three month period.36
Commission Determination
32. In the past, the Commission has
resolved disputes at NAESB, and
adopted our own standards, when we
find that the standards are sufficiently
important to warrant such
intervention.37 We have examined the
substance of these gas quality standards,
as we noted in the NOPR, and we have
reached the conclusion that these
particular standards do not warrant
such intervention. AGA has not
provided convincing reasons that these
standards are as important to the
operation of the pipeline grid as the
standards on which the Commission
intervened in the past or that the
benefits of these standards outweigh the
burdens.
33. The Commission does not
currently require pipelines to use the
Wobbe number in calculating gas
quality. It is not clear, and AGA has not
demonstrated, that a widespread need to
compare gas quality across pipelines
exists, that all pipelines actually collect
information that permit them to
calculate a Wobbe number, that the best
or only way to make such a comparison
is using the Wobbe number, or that the
few shippers with a need for such a
comparison cannot reasonably make
comparisons based on existing
information. We therefore see
insufficient justification for imposing a
burden on pipelines to calculate a
Wobbe number when the Wobbe
number has no significance to their
systems.
34. With respect to the blocked
standard regarding downloading, the
existing NAESB standards, 4.3.90,
4.3.91, and 4.3.92, already require
pipelines to provide a downloadable
file, with a standardized file format, of
gas quality information for each
identified location for a three month
period. Since the data are available, we
see no need for Commission
intervention to determine a download
functionality that is more efficient for
all pipelines, particularly given the large
disparities in the quantity of data
provided by different pipelines.
Moreover, because pipelines’ gas quality
requirements differ markedly, some
issues regarding gas quality, including
the use of the Wobbe number and
individual posting requirements keyed
36 Id.
at 8–9.
Order No. 587–G, 63 FR 20072 (Apr. 23,
1998), FERC Stats. & Regs. ¶ 31,062 (adopting
Commission regulations regarding priority between
firm and interruptible service, operational
balancing agreements, and imbalance netting and
trading).
37 See
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to the specific gas quality conditions on
a pipeline can be better addressed in
individual Commission proceedings
involving gas quality when relevant.
III. Implementation Schedule and
Procedures
35. In their comments on the July
NOPR, AGA, NJN/PSEG, and NGSA
support prompt implementation of the
index based capacity release standard
and the standards providing greater
flexibility for using alternate receipt and
delivery points so that shippers can
benefit from the enhanced flexibility
and improved efficiency that the
standards provide.38 INGAA urges the
Commission to defer requiring
implementation of the index based
capacity release standards and receipt
and delivery point standards until after
the Commission completes its
consideration of NAESB WGQ
Standards Version 1.9, so that pipelines
can implement these standards once.39
El Paso urges the Commission to
implement the index-based capacity
release and flexible delivery and receipt
point standards six months after the
effective date of the Version 1.9
Standards.40 TVA also argues that the
Commission should postpone deciding
on the proposals in the July 2009 NOPR
due to the fact that NAESB will file the
WGQ Version 1.9 Standards in the near
future.
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Commission Determination
36. We have sought reasonably to
balance the interests of the parties by
acting quickly on the November 2009
NOPR and adopting Version 1.9 of the
standards. This will ensure that
shippers can utilize the flexibility
provided by the index based releases
and the improved point right authority,
but at the same time resolves the
pipelines’ concerns by minimizing their
costs through a single implementation.
In addition, we are directing the filing
of tariff sheets at a time that coordinates
with the filing by natural gas pipelines
and processing by the Commission of
the pipelines’ electronic tariff filings.
37. Thus, we will require natural gas
pipelines to file tariff sheets to reflect
the changed standards on September 1,
2010, to take effect on November 1,
2010, and will require implementation
of these standards by November 1, 2010.
Pipelines incorporating the Version 1.9
38 AGA Comments (Docket No. RM96–1–030) at
2–3, Reply Comments at 1–7; NJN/PSEG Comments
(Docket No. RM96–1–030) at n.2; NGSA Comments
(Docket No. RM96–1–030) at 3.
39 INGAA Comments (Docket No. RM96–1–030)
at 1, Answer at 2–3.
40 El Paso Comments (Docket No. RM96–1–036)
at 1.
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standards into their tariffs must include
the standard number and Version 1.9
designation.41
38. In addition, we have noticed that
pipelines propose to incorporate the
NAESB standards in a variety of nonstandard ways. For example, pipelines
often file to renew requests for waivers
or extensions of time with respect to
particular standards without providing a
citation to the order or notice in which
the initial waiver or extension was
granted. As a result, both Commission
staff and the public have difficulty
reviewing the compliance filings.
39. To ease the burden of compliance
review, we therefore will specify certain
format requirements applicable to the
compliance filings. Pipelines must
include in their transmittal letter a table
of all the NAESB standards incorporated
by reference and a cross-reference to the
tariff provision (whether revised or not)
in which that standard is contained. For
standards that are not incorporated by
reference, the pipelines also should
identify the tariff provision that
complies with that standard.42 Where
applicable, pipelines shall also include
a table of prior standards for which
waivers or extensions of time were
granted along with citations to the
relevant orders or notices granting those
waivers or extensions of time. In
addition, we have included as
Appendix B an example of a
recommended tariff provision for
incorporation of the NAESB standards
by reference.
IV. Notice of Use of Voluntary
Consensus Standards
40. In section 12(d) of NTT&AA,
Congress affirmatively requires Federal
agencies to use technical standards
developed by voluntary consensus
standards organizations, like NAESB, as
the means to carry out policy objectives
or activities determined by the agencies
unless use of such standards would be
inconsistent with applicable law or
otherwise impractical.43 NAESB
approved the standards under its
consensus procedures. 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. On July
41 Please see the attached Appendix B, which
shows the preferred and recommended format for
submitting tariff sheets that would incorporate the
NAESB Version 1.9 gas standards by reference.
42 We note that Standards 1.3.2 and 5.3.2 should
be included in the pipelines’ tariffs.
43 See supra, n.12.
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16, 2009, the Commission issued a
NOPR proposing to incorporate by
reference NAESB’s standards governing
Index-Based Capacity Release and
Flexible Delivery and Receipt Points
and on November 19, 2009, the
Commission issued a NOPR that
proposed to incorporate by reference
NAESB’s Version 1.9 Standards, which
included the standards on Index-Based
Capacity Release and Flexible Delivery
and Receipt Points. The Commission
took the comments on these two NOPRs
into account in fashioning this Final
Rule.
V. Information Collection Statement
41. The Office of Management and
Budget’s (OMB) regulations in 5 CFR
1320.11 require that it approve certain
reporting and recordkeeping
requirements (collections of
information) imposed by an agency.
Upon approval of a collection of
information, OMB will assign an OMB
control number and an expiration date.
Respondents subject to the filing
requirements of this Final Rule will not
be penalized for failing to respond to
these collections of information unless
the collections of information display a
valid OMB control number.
42. This Final Rule upgrades the
Commission’s current business practice
and communication standards to the
latest edition approved by the NAESB
WGQ (i.e., the Version 1.9 Standards).
43. The implementation of these
standards is necessary to increase the
efficiency of the pipeline grid, make
pipelines’ electronic communications
more secure, and is consistent with the
mandate that agencies provide for
electronic disclosure of information.
Requiring such information ensures a
common means of communication and
ensures common business practices that
provide participants engaged in
transactions with interstate pipelines
with timely information and uniform
business procedures across multiple
pipelines.
44. The following burden estimates
include the costs to implement the
WGQ’s revised business practice
standards and communication protocols
for interstate natural gas pipelines. The
implementation of these data
requirements will help the Commission
carry out its responsibilities under the
Natural Gas Act of promoting the
efficiency and reliability of the natural
gas industry’s operations. In addition,
the Commission’s Office of Energy
Market Regulation will use the data for
general industry oversight.
45. The Commission sought
comments on the Commission’s
estimate provided in the NOPR of the
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burden associated with adoption of the
NOPR proposals. In response to the
NOPR, no comments were filed that
addressed the reporting burden imposed
by these requirements. Therefore the
Commission will use these same
estimates in this Final Rule, with the
sole exception that, based on more
Number of
responses per
respondent
Number of
respondents
Data collection
recent information, we are updating our
estimate of the number of respondents
(from 168 to 130).
Total
number of
hours
Hours per
response
FERC–549C .....................................................................................
130
1
22
2,860
Totals ........................................................................................
............................
............................
............................
2,860
flexibility through the use of redirects of
scheduled quantities; create information
(Reporting and Recordkeeping, (if
posting requirements for Web sites and
appropriate)) = 2,860.
browsers; require the posting of gas
46. Information Collection Costs: The
quality information including posting
Commission sought comments on the
and format requirements; report
costs to comply with these
hydrocarbon liquid drop out
requirements. It has projected the
measurements; and create standards to
average annualized cost for all
reflect changes in the use of software
respondents to be the following: 44
used on the Internet.
FERC–
48. The implementation of these data
549C
requirements will increase the
efficiency of the capacity release market
Annualized Capital/Startup
Costs .....................................
$429,000 and the ability to schedule gas around
constraints, will be reported directly to
Annualized Costs (Operations
& Maintenance) .....................
N/A the industry users and will provide
additional transparency to informational
Total Annualized Costs .....
429,000 posting Web sites. It also will improve
gas quality measurements and will
47. OMB regulations 45 require OMB
improve communication standards. The
to approve certain information
implementation of these standards and
collection requirements imposed by
regulations will promote the additional
agency rule. The Commission is
efficiency and reliability of the gas
submitting notification of this Final
industries’ operations thereby helping
Rule to OMB. These information
the Commission to carry out its
collections are mandatory requirements. responsibilities under the Natural Gas
Title: FERC–549C, Standards for
Act of promoting the efficiency and
Business Practices of Interstate Natural
reliability of the gas industries’
Gas Pipelines.
operations. In addition, the
Action: Information collection.
Commission’s Office of Energy Market
OMB Control No.: 1902–0174.
and Regulation will use the data in rate
Respondents: Business or other for
proceedings to review rate and tariff
profit, (Interstate natural gas pipelines
changes by natural gas companies for
(Not applicable to small business)).
the transportation of gas, for general
Frequency of Responses: One-time
industry oversight, and to supplement
implementation (business procedures,
the documentation used during the
capital/start-up).
Commission’s audit process.
Necessity of Information: The
49. Internal Review: The Commission
Commission’s regulations adopted in
has reviewed the requirements
this rule upgrade the Commission’s
pertaining to business practices and
current business practices and
communication standards in response to electronic communication with
interstate natural gas pipelines and has
the Commission’s determinations in
made a determination that these
Order Nos. 682, 698, 698–A, 712, and
revisions are necessary to establish a
717, and would: revise standards
more efficient and integrated pipeline
allowing index-based pricing for
grid. These requirements conform to the
capacity release transactions and allow
Commission’s plan for efficient
for increased receipt and delivery point
information collection, communication,
44 The total annualized cost for the information
and management within the natural gas
collection is $429,000. This number is reached by
industry. The Commission has assured
multiplying the total hours to prepare a response
itself, by means of its internal review,
(hours) by an hourly wage estimate of $150 (a
that there is specific, objective support
composite estimate that includes legal, technical,
for the burden estimates associated with
and support staff rates). $429,000= $150 x 2,860.
45 5 CFR 1320.11.
the information requirements.
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50. Interested persons may obtain
information on the reporting
requirements by contacting: Federal
Energy Regulatory Commission, Attn:
Michael Miller, Office of the Executive
Director, 888 First Street, NE.,
Washington, DC 20426 Tel: (202) 502–
8415, Fax: (202) 273–0873, E-mail:
michael.miller@ferc.gov or by
contacting: Office of Management and
Budget, Office of Information and
Regulatory Affairs, Washington, DC
20503 (Attention: Desk Officer for the
Federal Energy Regulatory Commission,
(202) 395–4638, fax: (202) 395–7285).
VI. Environmental Analysis
51. 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.46 The Commission has
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.47 The actions adopted
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 and electric power that
requires no construction of facilities.
Therefore, an environmental assessment
is unnecessary and has not been
prepared in this Final Rule.
VII. Regulatory Flexibility Act
52. The Regulatory Flexibility Act of
1980 (RFA) 48 generally requires a
description and analysis of final rules
that will have significant economic
impact on a substantial number of small
entities. In drafting a rule an agency is
required to: (1) Assess the effect that its
regulation will have on small entities;
(2) analyze effective alternatives that
46 Order No. 486, Regulation Implementing the
National Environmental Policy Act, 52 FR 47897
(Dec. 17, 1987), FERC Stats. & Regs., Regulations
Preambles 1986–1990 ¶ 30,783 (1987).
47 18 CFR 380.4.
48 5 U.S.C. 601–612.
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may minimize a regulation’s impact;
and (3) make the analysis available for
public comment.49
53. The regulations we are adopting in
this Final Rule impose requirements
only on interstate pipelines, the
majority of which are not small
businesses. In this regard, we note that,
under the industry standards used for
the RFA, a natural gas pipeline
company qualifies as a ‘‘small entity’’ if
it had annual receipts of less than $7
million.50 Most companies regulated by
the Commission do not fall within the
RFA’s definition of a small entity.
Approximately 130 entities would be
potential respondents subject to data
collection FERC–549C reporting
requirements. Nearly all of these entities
are large entities. For the year 2007 (the
most recent year for which information
is available), only four companies not
affiliated with larger companies had
annual revenues of less than $7 million,
which is about three percent of the total
universe of potential respondents.
Moreover, these requirements are
designed to benefit all customers,
including small businesses. As noted
above, adoption of consensus standards
helps ensure the reasonableness of the
standards by requiring that the
standards draw support from a broad
spectrum of industry participants
representing all segments of the
industry. Because of that representation
and the fact that industry conducts
business under these standards, the
Commission’s regulations should reflect
those standards that have the widest
possible support.51
54. Accordingly, pursuant to section
605(b) of the RFA, the Commission
hereby certifies that the regulations
adopted herein will not have a
significant adverse impact on a
substantial number of small entities.
49 5
U.S.C. 601–604.
U.S. Small Business Administration, Table
of Small Business Size Standards, https://
www.sba.gov/idc/groups/public/documents/
sba_homepage/serv_sstd_tablepdf.pdf (effective
July 31, 2006).50 5 U.S.C. 601(3), citing section 3 of
the Small Business Act, 15 U.S.C. 623. Section 3 of
the SBA defines a ‘‘small business concern’’ as a
business which is independently owned and
operated and which is not dominant in its field of
operation. The Small Business Size Standards
component of the North American Industry
Classification System defines a small natural gas
pipeline company as one that transports natural gas
and whose annual receipts (total income plus cost
of goods sold) less than $7 million for the previous
year.
51 As we stated in Standards for Business
Practices of Interstate Natural Gas Pipelines, Order
No. 587–C, FERC Stats. & Regs. ¶ 31,050, at 30,588
(1997), pipelines may file requests seeking waiver
or extension of the requirements of this rule, but
must file such requests within 30 days of the
issuance of this rule.
emcdonald on DSK2BSOYB1PROD with RULES
50 See
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VIII. Document Availability
55. 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.
56. From FERC’s Home Page on the
Internet, this information is available on
eLibrary. The full text of this document
is available on eLibrary 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.
57. User assistance is available for
eLibrary and the FERC’s Web site during
normal business hours from FERC
Online Support at 202–502–6652 (toll
free at 1–866–208–3676) or e-mail at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202)502–8659. E-mail the
Public Reference Room at
public.referenceroom@ferc.gov.
IX. Effective Date and Congressional
Notification
58. These regulations are effective
May 3, 2010. The Commission has
determined, with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
OMB, that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996.
List of Subjects in 18 CFR Part 284
Continental shelf, Incorporation by
reference, Natural gas, Reporting and
recordkeeping requirements.
By the Commission.
Kimberly D. Bose,
Secretary.
*
*
*
*
*
In consideration of the foregoing, the
Commission amends 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:
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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
(a)(1)(vii), and (a)(2) to read as follows:
■
§ 284.12 Standards for pipeline business
operations and communications.
(a) * * *
(1) * * *
(i) Additional Standards (General
Standards, Creditworthiness
Standards and Gas/Electric
Operational Communications
Standards) (Version 1.9, September 30,
2009);
(ii) Nominations Related Standards
(Version 1.9, September 30, 2009);
(iii) Flowing Gas Related Standards
(Version 1.9, September 30, 2009);
(iv) Invoicing Related Standards
(Version 1.9, September 30, 2009);
(v) Quadrant Electronic Delivery
Mechanism Related Standards (Version
1.9, September 30, 2009) with the
exception of Standard 4.3.4;
(vi) Capacity Release Related
Standards (Version 1.9, September 30,
2009); and
(vii) Internet Electronic Transport
Related Standards (Version 1.9,
September 30, 2009) with the exception
of Standard 10.3.2.
(2) This incorporation by reference
was approved by the Director of the
Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies
of these standards may be obtained from
the North American Energy Standards
Board, 801 Travis Street, Suite 1675,
Houston, TX 77002, Phone: (713) 356–
0060. NAESB’s Web site is at https://
www.naesb.org/. Copies may be
inspected at the Federal Energy
Regulatory Commission, Public
Reference and Files Maintenance
Branch, 888 First Street, NE.,
Washington, DC 20426, Phone: (202)
502–8371, https://www.ferc.gov, or at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
Federal_register/
code_of_Federal_regulations/
ibr_locations.html.
*
*
*
*
*
Appendix A
Note: The following Appendix will not
appear in the Code of Federal Regulations.
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List of Commenters 52
American Gas Association (AGA) filed
comments in Docket Nos. RM96–1–030
and RM96–1–036 and reply comments in
Docket No. RM96–1–030.
Arizona Public Service Company (APS) filed
comments in Docket No. RM96–1–030.
Carolina Gas Transmission Company
(Carolina) filed comments in Docket Nos.
RM96–1–030 and RM96–1–036.
El Paso Corporation (El Paso) filed comments
in Docket No. RM96–1–036.
Interstate Natural Gas Association of America
(INGAA) filed comments and an answer
in Docket No. RM96–1–030.
Natural Gas Supply Association (NGSA) filed
comments in Docket No. RM96–1–030
(late filed).
New Jersey Natural Gas Company & PSEG
Energy Resources & Trade LLC (NJN/
PSEG) filed comments in Docket No.
RM96–1–030.
Tennessee Valley Authority (TVA) filed
comments in Docket No. RM96–1–030.
Appendix B
Note: The following Appendix will not
appear in the Code of Federal Regulations.
emcdonald on DSK2BSOYB1PROD with RULES
Recommended Tariff Provision
General Terms and Conditions
Compliance with 18 CFR, Section 284.12
Transporter has adopted all of the Business
Practices and Electronic Communications
Standards which are required by the
Commission in 18 CFR, Section 284.12(a), as
amended from time to time, in accordance
with Order No. 587, et al. In addition to the
NAESB WGQ Standards referenced
elsewhere in the Tariff, Transporter
specifically incorporates by reference the
following NAESB WGQ Version 1.9
Standards, Definitions, and Data Sets, by
reference:
Additional Standards:
General:
Principles (Optional): 0.1.1, 0.1.2, 0.1.3
Standards: 0.3.1, 0.3.2, 0.3.16, 0.3.17
Creditworthiness:
Standards: 0.3.3, 0.3.4, 0.3.5, 0.3.6, 0.3.7,
0.3.8, 0.3.9, 0.3.10
Gas/Electric Operational Communications:
Definitions: 0.2.1, 0.2.2, 0.2.3
Standards: 0.3.11, 0.3.12, 0.3.13, 0.3.14,
0.3.15
Storage Information:
Data Sets: 0.4.1
Nominations Related Standards:
Principles (Optional): 1.1.1, 1.1.2, 1.1.3,
1.1.4, 1.1.5, 1.1.7, 1.1.9, 1.1.10, 1.1.11,
1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.16,
1.1.17, 1.1.18, 1.1.20, 1.1.21, 1.1.22
Definitions: 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,
1.2.6, 1.2.8, 1.2.9, 1.2.10, 1.2.11, 1.2.12,
1.2.13, 1.2.14, 1.2.15, 1.2.16, 1.2.17,
1.2.18, 1.2.19
Standards: 1.3.1, 1.3.2(vi), 1.3.3, 1.3.4,
1.3.5, 1.3.6, 1.3.7, 1.3.8, 1.3.9, 1.3.11,
1.3.13, 1.3.14, 1.3.15, 1.3.16, 1.3.17,
52 The abbreviations used to refer to these
commenters in this Final Rule are shown
parenthetically.
VerDate Nov<24>2008
15:00 Mar 31, 2010
Jkt 220001
1.3.18, 1.3.19, 1.3.20, 1.3.21, 1.3.22,
1.3.23, 1.3.24, 1.3.25, 1.3.26, 1.3.27,
1.3.28, 1.3.29, 1.3.30, 1.3.31, 1.3.32,
1.3.33, 1.3.34, 1.3.35, 1.3.36, 1.3.37,
1.3.38, 1.3.39, 1.3.40, 1.3.41, 1.3.42,
1.3.43, 1.3.44, 1.3.45, 1.3.46, 1.3.47,
1.3.48, 1.3.49, 1.3.50, 1.3.51, 1.3.52,
1.3.53, 1.3.54, 1.3.55, 1.3.56, 1.3.57,
1.3.58, 1.3.59, 1.3.60, 1.3.61, 1.3.62,
1.3.63, 1.3.64, 1.3.65, 1.3.66, 1.3.67,
1.3.68, 1.3.69, 1.3.70, 1.3.71, 1.3.72,
1.3.73, 1.3.74, 1.3.75, 1.3.76, 1.3.77,
1.3.79, 1.3.80
Data Sets: 1.4.1, 1.4.2, 1.4.3, 1.4.4, 1.4.5,
1.4.6, 1.4.7
Flowing Gas Related Standards:
Principles (Optional): 2.1.1, 2.1.2, 2.1.3,
2.1.4, 2.1.5, 2.1.6
Definitions: 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5
Standards: 2.3.1, 2.3.2, 2.3.3, 2.3.4, 2.3.5,
2.3.6, 2.3.7, 2.3.8, 2.3.9, 2.3.10, 2.3.11,
2.3.12, 2.3.13, 2.3.14, 2.3.15, 2.3.16,
2.3.17, 2.3.18, 2.3.19, 2.3.20, 2.3.21,
2.3.22, 2.3.23, 2.3.25, 2.3.26, 2.3.27,
2.3.28, 2.3.29, 2.3.30, 2.3.31, 2.3.32,
2.3.33, 2.3.34, 2.3.35, 2.3.40, 2.3.41,
2.3.42, 2.3.43, 2.3.44, 2.3.45, 2.3.46,
2.3.47, 2.3.48, 2.3.49, 2.3.50, 2.3.51,
2.3.52, 2.3.53, 2.3.54, 2.3.55, 2.3.56,
2.3.57, 2.3.58, 2.3.59, 2.3.60, 2.3.61,
2.3.62, 2.3.63, 2.3.64, 2.3.65
Data Sets: 2.4.1, 2.4.2, 2.4.3, 2.4.4, 2.4.5,
2.4.6, 2.4.7, 2.4.8, 2.4.9, 2.4.10, 2.4.11,
2.4.12, 2.4.13, 2.4.14, 2.4.15, 2.4.16,
2.4.17, 2.4.18
Invoicing Related Standards:
Principles (Optional): 3.1.1, 3.1.2
Definition: 3.2.1
Standards: 3.3.1, 3.3.2, 3.3.3, 3.3.4, 3.3.5,
3.3.6, 3.3.7, 3.3.8, 3.3.9, 3.3.10, 3.3.11,
3.3.12, 3.3.13, 3.3.14, 3.3.15, 3.3.16,
3.3.17, 3.3.18, 3.3.19, 3.3.20, 3.3.21,
3.3.22, 3.3.23, 3.3.24, 3.3.25, 3.3.26
Data Sets: 3.4.1, 3.4.2, 3.4.3, 3.4.4
Quadrant Electronic Delivery Mechanism
Related Standards:
Principles (Optional): 4.1.2, 4.1.3, 4.1.4,
4.1.6, 4.1.7, 4.1.10, 4.1.12, 4.1.13, 4.1.15,
4.1.16, 4.1.17, 4.1.18, 4.1.19, 4.1.20,
4.1.21, 4.1.22, 4.1.23, 4.1.24, 4.1.26,
4.1.27, 4.1.28, 4.1.29, 4.1.30, 4.1.31,
4.1.32, 4.1.33, 4.1.34, 4.1.35, 4.1.36,
4.1.37, 4.1.38, 4.1.39, 4.1.40
Definitions: 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.2.5,
4.2.6, 4.2.7, 4.2.8, 4.2.9, 4.2.10, 4.2.11,
4.2.12, 4.2.13, 4.2.14, 4.2.15, 4.2.16,
4.2.17, 4.2.18, 4.2.19, 4.2.20
Standards: 4.3.1, 4.3.2, 4.3.3, 4.3.5, 4.3.16,
4.3.17, 4.3.18, 4.3.20, 4.3.22, 4.3.23,
4.3.24, 4.3.25, 4.3.26, 4.3.27, 4.3.28,
4.3.29, 4.3.30, 4.3.31, 4.3.32, 4.3.33,
4.3.34, 4.3.35, 4.3.36, 4.3.38, 4.3.39,
4.3.40, 4.3.41, 4.3.42, 4.3.43, 4.3.44,
4.3.45, 4.3.46, 4.3.47, 4.3.48, 4.3.49,
4.3.50, 4.3.51, 4.3.52, 4.3.53, 4.3.54,
4.3.55, 4.3.56, 4.3.57, 4.3.58, 4.3.59,
4.3.60, 4.3.61, 4.3.62, 4.3.65, 4.3.66,
4.3.67, 4.3.68, 4.3.69, 4.3.72, 4.3.73,
4.3.74, 4.3.75, 4.3.76, 4.3.78, 4.3.79,
4.3.80, 4.3.81, 4.3.82, 4.3.83, 4.3.84,
4.3.85, 4.3.86, 4.3.87, 4.3.89, 4.3.90,
4.3.91, 4.3.92, 4.3.93, 4.3.94, 4.3.95,
4.3.96, 4.3.97, 4.3.98, 4.3.99
Capacity Release Standards:
Principles (Optional): 5.1.1, 5.1.2, 5.1.3,
5.1.4
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
16345
Definitions: 5.2.1, 5.2.2, 5.2.3, 5.2.4, 5.2.5
Standards: 5.3.1, 5.3.3, 5.3.4, 5.3.5, 5.3.7,
5.3.8, 5.3.9, 5.3.10, 5.3.11, 5.3.12, 5.3.13,
5.3.14, 5.3.15, 5.3.16, 5.3.17, 5.3.18,
5.3.19, 5.3.20, 5.3.21, 5.3.22, 5.3.23,
5.3.24, 5.3.25, 5.3.26, 5.3.27, 5.3.28,
5.3.29, 5.3.30, 5.3.31, 5.3.32, 5.3.33,
5.3.34, 5.3.35, 5.3.36, 5.3.37, 5.3.38,
5.3.39, 5.3.40, 5.3.41, 5.3.42, 5.3.43,
5.3.44, 5.3.45, 5.3.46, 5.3.47, 5.3.48,
5.3.49, 5.3.50, 5.3.51, 5.3.52, 5.3.53,
5.3.54, 5.3.55, 5.3.56, 5.3.57, 5.3.58,
5.3.59, 5.3.60, 5.3.61, 5.3.62, 5.3.62a,
5.3.63, 5.3.64, 5.3.65, 5.3.66, 5.3.67,
5.3.68, 5.3.69
Data Sets: 5.4.1, 5.4.2, 5.4.3, 5.4.4, 5.4.5,
5.4.6, 5.4.7, 5.4.8, 5.4.9, 5.4.10, 5.4.11,
5.4.12, 5.4.13, 5.4.14, 5.4.15, 5.4.16,
5.4.17, 5.4.18, 5.4.19, 5.4.20, 5.4.21,
5.4.22, 5.4.23
Internet Electronic Transport Related
Standards:
Principles (Optional): 10.1.1, 10.1.2, 10.2.3,
10.2.4, 10.2.5, 10.2.6, 10.2.7, 10.2.8,
10.1.9, 10.1.10
Definitions: 10.2.1, 10.2.2, 10.2.3, 10.2.4,
10.2.5, 10.2.6, 10.2.7, 10.2.8, 10.2.9,
10.2.10, 10.2.11, 10.2.12, 10.2.13,
10.2.14, 10.2.15, 10.2.16, 10.2.17,
10.2.18, 10.2.19, 10.2.20, 10.2.21,
10.2.22, 10.2.23, 10.2.24, 10.2.25,
10.2.26, 10.2.27, 10.2.28, 10.2.29,
10.2.30, 10.2.31, 10.2.32, 10.2.33,
10.2.34, 10.2.35, 10.2.36, 10.2.37, 10.2.38
Standards: 10.3.1, 10.3.3, 10.3.4, 10.3.5,
10.3.6, 10.3.7, 10.3.8, 10.3.9, 10.3.10,
10.3.11, 10.3.12, 10.3.14, 10.3.15,
10.3.16, 10.3.17, 10.3.18, 10.3.19,
10.3.20, 10.3.21, 10.3.22, 10.3.23,
10.3.24, 10.3.25, 10.3.26, 10.3.27
[FR Doc. 2010–6976 Filed 3–31–10; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 10
[Docket No. FDA–1999–N–3539] (formerly
Docket No. 1999N–4783)
Administrative Practices and
Procedures; Good Guidance Practices;
Technical Amendment
AGENCY:
Food and Drug Administration,
HHS.
ACTION: Final rule; technical
amendment.
SUMMARY: The Food and Drug
Administration (FDA) is amending its
administrative regulations. This action
is being taken to ensure accuracy and
clarity in agency regulations.
DATES: The rule is effective April 1,
2010.
FOR FURTHER INFORMATION CONTACT:
Joyce Strong, Office of Policy (HF–27),
Food and Drug Administration, 5600
E:\FR\FM\01APR1.SGM
01APR1
Agencies
[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Rules and Regulations]
[Pages 16337-16345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6976]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 284
[Docket Nos. RM96-1-030 and RM96-1-036; Order No. 587-U]
Standards for Business Practices for Interstate Natural Gas
Pipelines
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) is
amending its regulations that establish standards for interstate
natural gas pipeline business practices and electronic communications
to incorporate by reference into its regulations the most recent
version of the standards, Version 1.9, adopted by the Wholesale Gas
Quadrant (WGQ) of the North American Energy Standards Board (NAESB)
applicable to natural gas pipelines, with certain enumerated
exceptions. This rule upgrades the Commission's current business
practice and communication standards to include standards governing
Index-Based Capacity Release and Flexible Delivery and Receipt Points
and to reflect the Commission's findings in Order Nos. 698, 712, 717,
and 682. This rule will increase the efficiency of the pipeline grid
and make pipelines' electronic communications more secure.
DATES: Effective Date: This rule will become effective May 3, 2010.
Natural gas pipelines are required to file tariff sheets to reflect the
changed standards on September 1, 2010, to take effect on November 1,
2010. Implementation of these standards is required on and after
November 1, 2010. The incorporation by reference of certain
publications in this rule is approved by the Director of the Federal
Register as of May 3, 2010.
FOR FURTHER INFORMATION CONTACT:
Ryan M. Irwin (technical issues), Office of Energy Market Regulation,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-6454.
Gary D. Cohen (legal issues), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426, (202) 502-8321.
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph
Nos.
I. Background............................................... 2
II. Discussion.............................................. 11
A. Incorporation of the NAESB Standards by Reference.... 11
B. Issues Raised by Commenters.......................... 15
1. Waivers of the Index-Based Capacity Release 15
Pricing Standards..................................
2. Issues on Which Consensus Could Not Be Reached... 19
a. Intra-Day Nominations........................ 19
b. Gas Quality Posting.......................... 28
III. Implementation Schedule and Procedures................. 35
IV. Notice of Use of Voluntary Consensus Standards.......... 40
V. Information Collection Statement......................... 41
VI. Environmental Analysis.................................. 51
VII. Regulatory Flexibility Act............................. 52
VIII. Document Availability................................. 55
IX. Effective Date and Congressional Notification........... 58
[[Page 16338]]
Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer, Philip
D. Moeller, and John R. Norris.
Final Rule
Issued March 24, 2010.
1. The Federal Energy Regulatory Commission (Commission) is
amending Sec. 284.12 of its regulations (which establishes standards
for natural gas pipeline business practices and electronic
communications) \1\ to incorporate by reference the most recent version
(Version 1.9) of the standards promulgated by the Wholesale Gas
Quadrant (WGQ) of the North American Energy Standards Board (NAESB).
This rule upgrades the Commission's current business practice and
communication standards to include standards governing Index-Based
Capacity Release and Flexible Delivery and Receipt Points and to
reflect the Commission's findings in Order Nos. 698, 712, 717, and
682.\2\
---------------------------------------------------------------------------
\1\ 18 CFR 284.12.
\2\ Standards for Business Practices for Interstate Natural Gas
Pipelines, Order No. 698, FERC Stats. & Regs. ] 31,251 (2007), order
on clarification and reh'g, Order No. 698-A, 121 FERC ] 61,264
(2007); Promotion of a More Efficient Capacity Release Market, Order
No. 712, FERC Stats. & Regs. ] 31,271 (2008), order on reh'g, Order
No. 712-A, FERC Stats. & Regs. ] 31,284 (2008); Standards of Conduct
for Transmission Providers, Order No. 717, FERC Stats. & Regs. ]
31,280 (2008), Revision of Regulations to Require Reporting of
Damage to Natural Gas Pipeline Facilities, Order No. 682, FERC
Stats. & Regs. ] 31,227 (2006). We also take this opportunity to
update Sec. 284.12(a)(2) to reflect NAESB's new address.
---------------------------------------------------------------------------
I. Background
2. Since 1996, in the Order No. 587 series,\3\ 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 NAESB (formerly the Gas Industry Standards Board or GISB),
a private consensus standards developer composed of members from all
segments of the natural gas industry. NAESB is an accredited standards
organization under the auspices of the American National Standards
Institute (ANSI).
---------------------------------------------------------------------------
\3\ Standards for Business Practices of Interstate Natural Gas
Pipelines, Order No. 587, 61 FR 39053 (Jul. 26, 1996), FERC Stats. &
Regs. ] 31,038 (1996).
---------------------------------------------------------------------------
3. A cold snap in January 2004 in New England highlighted the need
for better coordination and communication between the gas and electric
industries as coincident peaks occurred in both industries making the
acquisition of gas and transportation by power plant operators more
difficult. In response to this need, in early 2004, NAESB established a
Gas-Electric Coordination Task Force to examine issues related to the
interrelationship of the gas and electric industries and identify
potential areas for improved coordination through standardization.
NAESB developed a number of standards to enhance the coordination of
scheduling and other business practices between the gas and electric
industries.
4. On June 27, 2005, NAESB filed these standards with the
Commission and requested clarification regarding a number of additional
proposals that it was considering, including capacity release indexed
pricing, the use of flexible receipt and delivery points upstream of a
constraint, and changes to the intra-day nomination cycle. The 2005
NAESB report highlighted several issues relating to Commission policy
that were inhibiting the development of additional standards and
requested Commission guidance and clarification on these issues.
5. In Order No. 698, the Commission incorporated by reference
certain NAESB business practices standards for interstate natural gas
pipelines designed to improve coordination and communication between
the gas and electric industries. The order also provided clarification
and guidance on three issues on which NAESB had been unable to reach a
consensus: (1) Uses of gas indices for pricing capacity release
transactions; (2) flexibility in the use of receipt and delivery
points; and (3) changes to the intraday nomination schedule to increase
the number of scheduling opportunities for firm shippers.\4\
---------------------------------------------------------------------------
\4\ See Order No. 698, FERC Stats. & Regs. ] 31,251 at P 1, 55-
57, 63-64, 69.
---------------------------------------------------------------------------
6. On September 3, 2008, NAESB submitted a report to the Commission
on these three issues. NAESB reports that its membership conducted
thirteen subcommittee meetings, many of which were multi-day meetings,
held between June 2007 and July 2008. While the standards discussed
related only to gas issues, NAESB states that all interested parties,
including the Wholesale Electric Quadrant membership, were invited to
participate and share their perspectives. Two hundred people, including
many from the electric industry, participated in these meetings.
7. NAESB's September 2008 report also states that the WGQ has
adopted business practice standards for (1) increasing the flexibility
of gas receipt and delivery points and (2) index-based pricing for
capacity releases. In addition, despite holding 12 meetings with
respect to modifying the intra-day nomination schedule, NAESB reports
that none of the proposed standards for revised intra-day nominations
achieved a sufficient consensus for adoption.
8. On July 16, 2009, after a review of the new and revised
standards referenced in NAESB's September 2008 Report, the Commission
issued a notice of proposed rulemaking that proposed to amend the
Commission's regulations at 18 CFR 284.12 to incorporate by reference
the consensus standards adopted by NAESB's WGQ that (1) permit the use
of indices to price capacity release transactions and (2) afford
greater flexibility on the receipt and delivery points for redirects of
scheduled gas quantities.\5\ The Commission also noted that the
industry was unable to reach consensus on increasing opportunities for
intra-day nominations. Seven entities filed comments in response to the
July 2009 NOPR.\6\
---------------------------------------------------------------------------
\5\ Standards for Business Practices for Interstate Natural Gas
Pipelines, Notice of Proposed Rulemaking, 74 FR 36633 (Jul. 24,
2009), FERC Stats. & Regs. ] 32,645 (2009) (July 2009 NOPR).
\6\ The entities that filed comments and the abbreviations used
in this Final Rule to identify these entities are listed in Appendix
A.
---------------------------------------------------------------------------
9. On September 30, 2009, NAESB filed a report informing the
Commission that it had adopted and ratified Version 1.9 of its business
practice standards applicable to natural gas pipelines.\7\ The Version
1.9 standards are the result of a continuing effort by NAESB's WGQ and
the gas industry to add additional specificity and functionality to gas
standards. For example, the Version 1.9 Business Practice Standards now
include communication standards and protocols concerning the use of
index-based pricing for capacity releases, which the Commission
proposed to adopt in the July 2009 NOPR, and new standards adopted in
response to Order Nos. 698, 712, 717, and 682. In addition, these new
and modified standards now support the ability of pipelines to redirect
gas around constraints, provide additional gas quality and
transactional reporting, and add new information posting requirements
for Web sites and browsers.
---------------------------------------------------------------------------
\7\ The business practice standards addressed in the July 2009
NOPR are included as part of the Version 1.9 Standards.
---------------------------------------------------------------------------
10. On November 19, 2009, the Commission issued a notice of
proposed rulemaking that proposed to amend the Commission's regulations
at 18 CFR 284.12 to incorporate by reference the latest version
(Version 1.9) of consensus business practice standards adopted by
NAESB's WGQ applicable to natural gas pipelines.\8\ Three entities
filed
[[Page 16339]]
comments in response to the November 2009 NOPR.\9\
---------------------------------------------------------------------------
\8\ Standards for Business Practices for Interstate Natural Gas
Pipelines, Notice of Proposed Rulemaking, 74 FR 62261 (Nov. 27,
2009), FERC Stats. & Regs. ] 32,649 (2009) (November 2009 NOPR).
\9\ See supra n.6.
---------------------------------------------------------------------------
II. Discussion
A. Incorporation of the NAESB Standards by Reference
11. After a review of the comments filed in response to the two
NOPRs, the Commission will amend part 284 of its regulations to
incorporate by reference Version 1.9 of the NAESB WGQ's consensus
standards, with the two exceptions noted in the November 2009 NOPR.\10\
The Version 1.9 Standards include communication standards and protocols
related to the business practice standards dealing with index-based
capacity release, which the Commission proposed to adopt in the July
2009 NOPR, and new standards adopted in response to Order Nos. 698,
712, 717, and 682. These new and modified standards provide additional
flexibility to shippers. The standards create a uniform method that
will enable releasing and replacement shippers to use third-party rate
indices to create rate formulas for capacity releases that will better
reflect the value of capacity. These standards also reflect a
reasonable compromise for dealing with copyright issues that arise in
using copyrighted gas indices to set prices, ensuring that shippers
have a reasonable choice of available indices to use while equitably
spreading the costs entailed by the use of such indices among the
pipelines and shippers. The standard for the use of flexible receipt
and delivery points will enable all shippers to quickly and efficiently
redirect gas when such gas may be needed by gas generators or other
shippers. In addition, the standards will provide for more uniform
reporting for gas quality and new information posting requirements for
Web sites and browsers. Adoption of the Version 1.9 Standards will
continue the process of updating and improving NAESB's business
practice standards for the wholesale gas market.
---------------------------------------------------------------------------
\10\ As proposed in the November 2009 NOPR, the Commission is
continuing its past practice and is not incorporating by reference
Standards 4.3.4 and 10.3.2, because they are inconsistent with the
Commission's record retention requirement in 18 CFR 284.12(b)(3)(v).
In addition, the Commission is not incorporating by reference the
WEQ/WGQ eTariff Related Standards because the Commission has already
adopted standards and protocols for electronic tariff filings based
on the NAESB Standards. See Electronic Tariff Filings, FERC Stats. &
Regs. ] 31,276 (2008).
---------------------------------------------------------------------------
12. To implement these standards, natural gas pipelines will be
required to file tariff sheets to reflect the changed standards on
September 1, 2010, to take effect on November 1, 2010, and will be
required to implement these standards on and after November 1, 2010.
13. NAESB approved the Version 1.9 Standards under NAESB's
consensus procedures.\11\ 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 industry
participants representing 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 determined by the agencies
unless use of such standards would be inconsistent with applicable law
or otherwise impractical.\12\
---------------------------------------------------------------------------
\11\ 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--
Distributors, End Users, Pipelines, Producers, and Services
(including marketers and computer service providers). For final
approval, 67 percent of the WGQ's general membership voting must
ratify the standards.
\12\ Public Law 104-113, Sec. 12(d), 110 Stat. 775 (1996), 15
U.S.C. 272 note (1997).
---------------------------------------------------------------------------
14. The comments on both NOPRs generally supported the adoption of
the standards. We will address below the few issues raised in the
comments.
B. Issues Raised by Commenters
1. Waivers of the Index-Based Capacity Release Pricing Standards
Comments
15. Carolina does not object to incorporation of the capacity
release index-based standards, but states that ``substantial costs and
administrative burdens would be imposed on Carolina unnecessarily if it
was required to fulfill all of the requirements of the standards
adopted by NAESB to address index-based capacity releases.'' \13\
Furthermore, Carolina states that in almost three years of operation as
an interstate pipeline, no shipper has requested index-based pricing
for a capacity release on Carolina's system, and Carolina itself has
not sold capacity on its system using index prices. In addition,
Carolina stated that because of its small staff, the time and cost of
implementing the standards would far exceed the estimates of the
NOPR.\14\
---------------------------------------------------------------------------
\13\ Carolina Comments (Docket No. RM96-1-030) at 2.
\14\ Id. at 3.
---------------------------------------------------------------------------
16. Carolina concludes by stating that as long as a pipeline
supports index-based capacity releases in a manner adequate to its
circumstances and the needs of its shippers, the Commission's policies
would be fulfilled. Alternatively, the Commission, in its final rule,
should indicate its willingness to grant waivers of the capacity
release standards to pipelines operating under the circumstances and
needs of its shippers.\15\
---------------------------------------------------------------------------
\15\ Id. at 5.
---------------------------------------------------------------------------
17. AGA supports Carolina's argument on the availability of
waivers, and argues that, to the extent the particular circumstances of
an individual pipeline warrants additional time to implement these
standards, the pipeline should seek a waiver of the regulations. In
this regard, AGA believes the Commission should consider Carolina's
concerns described in their comments regarding their specific
circumstances in an individual proceeding on a request for waiver as
opposed to revising the Final Rule to address potential implementation
issues.\16\
---------------------------------------------------------------------------
\16\ AGA Reply Comments (Docket No. RM96-1-030) at 5.
---------------------------------------------------------------------------
Commission Finding
18. Determining whether a waiver or extension of time, or whether a
non-standard process may be appropriate for an individual pipeline
based on their particular circumstances cannot be determined
generically in a final rule. Carolina needs to raise such issues in its
compliance filing or in a request for waiver, so that its shippers will
have an opportunity to intervene and raise any concerns with Carolina's
proposals.\17\
---------------------------------------------------------------------------
\17\ See, e.g., WestGas InterState, Inc., 130 FERC ] 61,165, at
P 4 (2010).
---------------------------------------------------------------------------
2. Issues On Which Consensus Could Not Be Reached
a. Intra-Day Nominations Background
19. In the July 2009 NOPR,\18\ the Commission determined not to
propose regulations to resolve a disputed issue relating to revising
the schedule for intra-day nominations. The Commission's regulations
provide that nominations by shippers with firm transportation service
have priority over nominations by shippers with interruptible
service.\19\ In Order No.
[[Page 16340]]
587-G,\20\ issued in 1998, the Commission, however, followed the Gas
Industry Standards Board \21\ consensus and permitted pipelines with
three intra-day nomination opportunities to exempt the last intra-day
opportunity from bumping. The Commission found that the consensus
created a fair balance between firm shippers, who will have had two
opportunities to reschedule their gas, and interruptible shippers and
will provide some necessary stability in the nomination system, so that
shippers can be confident by mid-afternoon that they will receive their
scheduled flows.
---------------------------------------------------------------------------
\18\ July 2009 NOPR at P 6, 19-20.
\19\ 18 CFR 284.12 (b)(1)(i).
\20\ Standards for Business Practices of Interstate Natural Gas
Pipelines, Order No. 587-G, 63 FR 20072 (Apr. 23, 1998), FERC Stats.
& Regs. ] 31,062, at 30,672 (1998).
\21\ At that time, NAESB was the Gas Industry Standards Board
and had not yet expanded to include the electric industry or the
retail gas and electric segments.
---------------------------------------------------------------------------
20. The NAESB standards currently provide shippers four nomination
opportunities: The Timely Nomination Period (11:30 a.m. CCT \22\ the
day prior to gas flow), the Evening Nomination Cycle (6 p.m. CCT the
day before gas flow); Intra-Day 1 (10 a.m. CCT the day of gas flow);
and Intra-Day 2 (5 p.m. CCT the day of gas flow). A firm nomination for
the first three nomination cycles has priority over (can bump) an
already scheduled interruptible (IT) nomination. But at the Intra-Day 2
cycle, a firm nomination will not bump already scheduled interruptible
service.
---------------------------------------------------------------------------
\22\ Central clock time.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nomination time
Cycle (CCT) Nomination effective Bumping IT Bumping notice Schedule confirmed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Timely........................... 11:30 a.m........... Day-Ahead........... Yes................. 4:30 p.m........... 4:30 p.m.
Evening.......................... 6 p.m............... Day-Ahead........... Yes................. 10 p.m............. 10 p.m.
Intra-Day 1...................... 10 a.m.............. Day of.............. Yes................. 2 p.m.............. 2 p.m.
Intra-Day 2...................... 5 p.m............... Day of.............. No.................. NA................. 9 p.m.
--------------------------------------------------------------------------------------------------------------------------------------------------------
21. A number of parties urged NAESB to consider revising these
timelines to better coordinate scheduling for the gas and electric
industries. The NAESB committee held 12 meetings and considered a wide
variety of possible revisions to the nomination schedule adopted in
1998. These included complete revisions of the timeline, including
changing the gas day; adding intra-day nomination opportunities within
the existing framework; changing the Intra-Day 2 to a bump nomination
while adding an additional no-bump nomination period, and merely
changing the Intra-Day 2 cycle to a bumpable nomination. None of these
proposals achieved a sufficient consensus at the subcommittee level.
22. In the July NOPR, we did not propose to resolve the dispute,
finding that ``a simple, one-size fits-all solution does not exist that
will solve the complex issue of coordinating between the electric and
gas industries, [because] the diversity within the electric industry
(e.g., differing timelines, system peaks times, generation mixes, and
prevalence of firm gas service), in particular, does not suggest that
revising gas scheduling procedures is the most effective means to
improve coordination.'' \23\ Based on the extensive NAESB record that
we reviewed, we were not convinced that we have a sufficient basis for
finding that any of the proposed revisions create a superior balance of
interests compared with the original consensus.\24\
---------------------------------------------------------------------------
\23\ July 16 NOPR at P 21 (citing NAESB September 3, 2008 filing
at 26, Comments of Interested LDCs, https://www.naesb.org/pdf3/wgq_060308ldc.pdf).
\24\ For example, we do not know the costs to the pipelines and
practical implications to shippers or others of creating more
numerous intra-day nomination opportunities or adding a late
nomination period well after normal business hours.
---------------------------------------------------------------------------
Comments
23. NGSA supports the Commission's proposal to not impose a generic
change to the intra-day nomination timeline of all pipelines.\25\ NJN/
PSEG also supports the Commission's decision to not adopt any changes
to its current regulations and policies regarding intra-day
nominations. These commenters note that the lack of consensus among
NAESB participants only underscores the concerns the gas industry has
with proposed changes to the current NAESB gas nomination timeline.\26\
---------------------------------------------------------------------------
\25\ NGSA Comments (Docket No. RM96-1-030) at 3.
\26\ NJN/PSEG Comments (Docket No. RM96-1-030) at 8-9.
---------------------------------------------------------------------------
24. By contrast, TVA disagrees with the Commission's proposal to
maintain the status quo regarding intra day nomination regulations. TVA
states that, due to an ever increasing amount of renewable resources
and their intermittent nature, it is crucial for the electric and gas
industry to coincide their scheduled loads in order to maintain both
flexibility and reliability.\27\ TVA urges the Commission to postpone
this ruling until more information is gathered on this issue \28\ and
requests that a technical conference be convened to on this matter.\29\
---------------------------------------------------------------------------
\27\ TVA Comments (Docket No. RM96-1-030) at 2.
\28\ Id. at 1.
\29\ TVA at 2.
---------------------------------------------------------------------------
25. APS also states that maintaining the status quo is not an
option, and that the NAESB gas nomination timeline must be modified. It
further states that the only proposal that currently accomplishes
objectives such as pipeline infrastructure development, greater access
to firm capacity, enhanced reliability, and reduced risk for shippers
is the APS/TVA proposal. It states that absent approval of the APS/TVA
proposal, NAESB cannot make further progress without policy guidance
from the Commission on the issues of: (1) Whether the no bump rule, in
its entirety, should be eliminated; and/or (2) if the no bump rule is
maintained, what is the minimum amount of hours that interruptible
service should be guaranteed to flow, and does the minimum amount of
flow have to be as a result of the last cycle of the day.\30\
---------------------------------------------------------------------------
\30\ APS Comments (Docket No. RM96-1-030) at 7.
---------------------------------------------------------------------------
26. NGSA urges the Commission to deny the request of TVA and others
to schedule a technical conference on the issue of intraday pipeline
nomination schedules. In this regard, NGSA asserts that NAESB had an
extensive and open process to consider the various proposed
modifications to the timelines. In the end, no consensus approach was
approved. However, despite the significant NAESB efforts, parties are
now asking for a technical conference. In NGSA's view, such a
conference would be unnecessary and redundant,\31\ and the Commission
should adhere to its proposal. NGSA concludes that no compelling reason
has been shown why the Commission should not accept the comprehensive
NAESB process.
---------------------------------------------------------------------------
\31\ NGSA Comments (Docket No. RM96-1-030) at 5.
---------------------------------------------------------------------------
Commission Determination
27. The comments on this issue reveal the same kinds of
disagreements that surfaced in the NAESB process, and we
[[Page 16341]]
still do not see that any nationwide scheduling solution is superior to
the balance between firm and interruptible service created by the
existing standards. Having a last No-bump nomination opportunity
provides necessary stability to the nomination system by ensuring that
interruptible shippers can be bumped only at the Intra-Day I nomination
cycle during the business day and so will have an opportunity to
reschedule their gas. Furthermore, some electric generators rely on
interruptible transportation of natural gas to supply fuel; changing
the intra-day nomination rules would not constitute an improvement in
gas-electric coordination. Moreover, because these nationwide standards
cover four time zones, and already extends to 10 p.m. East Coast time,
we do not believe that extending the No-bump cycle even later in the
night is a reasonable alternative. As we stated in the NOPR, individual
pipelines may be able to offer special services or increased nomination
opportunities that will better fit the profile of gas fired generation.
Given the extensive comments during the NAESB process, and those filed
here, we see little benefit from holding a technical conference on this
issue.
b. Gas Quality Posting
Background
28. NAESB modified Gas Quality Standards Nos. 4.3.90 and 4.3.92 and
also added a new gas quality standard. However, NAESB reported that two
proposed gas quality standards failed to pass as a result of a single
segment failing to approve the standard. One of the blocked standards
would have required a pipeline that currently does not post a Wobbe
number \32\ to post gas quality information on its Web site and to
calculate and post a Wobbe number when notified by a Service Requestor
of its desire to begin discussing the interchangeability of gas
supplies. The other blocked standard would have added to an existing
requirement that pipelines post and permit downloads of three months of
historical gas quality data by requiring that the pipelines permit the
download of gas quality information for a date range specified by the
party seeking to download the information. The Commission proposed to
take no action on these blocked standards.
---------------------------------------------------------------------------
\32\ The Wobbe number or Wobbe index is named after Goffredo
Wobbe, an Italian physicist who developed a formula to compare the
characteristics of two gasses. The Wobbe index is a measure of the
physical combustion characteristics of natural gas used in the
natural gas industry to ensure that natural gas from different
sources is compatible with gas-burning equipment in a particular
service area. See Williams, Technical Background and Issues of Gas
Interchangeability, 27 (AGA Staff Paper, 2006) (https://www.aga.org/NR/rdonlyres/C9D9FB1D-E244-4B9D-9C67-5FA74C24A8E0/0/0604GASINTERCHANGEABILITYSTAFFPAPER.pdf.).
---------------------------------------------------------------------------
Comments
29. AGA notes that, in the November 2009 NOPR, the Commission did
not propose to require the incorporation of standards regarding the
posting of gas quality information. AGA urges the Commission to
reconsider, and argues that, when there is strong support within four
industry segments for a proposed NAESB standard, but a single segment
blocks the initiative, such a proposal cannot be fairly characterized
as lacking support.\33\ AGA also argues that the Commission should take
a closer look at the standards and make a determination on the merits
as to whether the benefits achieved by the transparency of gas quality
information and the efficiency associated with the standardized
practices as to posting the information would outweigh the burden of
the incorporation of such standards.\34\
---------------------------------------------------------------------------
\33\ AGA Comments (Docket No. RM96-1-036) at 6.
\34\ Id. at 6-7.
---------------------------------------------------------------------------
30. AGA maintains that the standard requiring pipelines to
calculate the Wobbe number is consistent with the Commission's reliance
on the Natural Gas Council's White Paper on Natural Gas
Interchangeability and Non-Combustion End Uses.\35\ AGA contends that
the White Paper concluded that ``the Wobbe Number provides the most
efficient and robust single index and measure of gas
interchangeability,'' and AGA argues shippers have a critical need for
the Wobbe number. AGA also argues that the blocked posting standard
would allow shippers to obtain information based on a given date range
which will allow shippers to compare gas quality information over
different periods of time.
---------------------------------------------------------------------------
\35\ The White Paper on Gas Interchangeability was developed by
a consortium of parties, including pipelines, LNG suppliers,
utilities, power generators, and other end users of natural gas, and
discusses issues and makes recommendations with respect to natural
gas quality and interchangeability. https://www.ferc.gov/industries/lng/indus-act/issues/gas-qual/natural-gas-inter.pdf. On June 15,
2006, the Commission issued a Policy Statement relating to natural
gas quality. Natural Gas Interchangeability, 115 FERC ] 61,325
(2006), reh'g denied, 126 FERC ] 61,210 (2009).
---------------------------------------------------------------------------
31. AGA also recommends that the Commission consider the merits of
posting historical gas quality information based on a given date range
so that shippers could compare gas quality information over different
periods rather than the NAESB standard which require information by
location for a three month period.\36\
---------------------------------------------------------------------------
\36\ Id. at 8-9.
---------------------------------------------------------------------------
Commission Determination
32. In the past, the Commission has resolved disputes at NAESB, and
adopted our own standards, when we find that the standards are
sufficiently important to warrant such intervention.\37\ We have
examined the substance of these gas quality standards, as we noted in
the NOPR, and we have reached the conclusion that these particular
standards do not warrant such intervention. AGA has not provided
convincing reasons that these standards are as important to the
operation of the pipeline grid as the standards on which the Commission
intervened in the past or that the benefits of these standards outweigh
the burdens.
---------------------------------------------------------------------------
\37\ See Order No. 587-G, 63 FR 20072 (Apr. 23, 1998), FERC
Stats. & Regs. ] 31,062 (adopting Commission regulations regarding
priority between firm and interruptible service, operational
balancing agreements, and imbalance netting and trading).
---------------------------------------------------------------------------
33. The Commission does not currently require pipelines to use the
Wobbe number in calculating gas quality. It is not clear, and AGA has
not demonstrated, that a widespread need to compare gas quality across
pipelines exists, that all pipelines actually collect information that
permit them to calculate a Wobbe number, that the best or only way to
make such a comparison is using the Wobbe number, or that the few
shippers with a need for such a comparison cannot reasonably make
comparisons based on existing information. We therefore see
insufficient justification for imposing a burden on pipelines to
calculate a Wobbe number when the Wobbe number has no significance to
their systems.
34. With respect to the blocked standard regarding downloading, the
existing NAESB standards, 4.3.90, 4.3.91, and 4.3.92, already require
pipelines to provide a downloadable file, with a standardized file
format, of gas quality information for each identified location for a
three month period. Since the data are available, we see no need for
Commission intervention to determine a download functionality that is
more efficient for all pipelines, particularly given the large
disparities in the quantity of data provided by different pipelines.
Moreover, because pipelines' gas quality requirements differ markedly,
some issues regarding gas quality, including the use of the Wobbe
number and individual posting requirements keyed
[[Page 16342]]
to the specific gas quality conditions on a pipeline can be better
addressed in individual Commission proceedings involving gas quality
when relevant.
III. Implementation Schedule and Procedures
35. In their comments on the July NOPR, AGA, NJN/PSEG, and NGSA
support prompt implementation of the index based capacity release
standard and the standards providing greater flexibility for using
alternate receipt and delivery points so that shippers can benefit from
the enhanced flexibility and improved efficiency that the standards
provide.\38\ INGAA urges the Commission to defer requiring
implementation of the index based capacity release standards and
receipt and delivery point standards until after the Commission
completes its consideration of NAESB WGQ Standards Version 1.9, so that
pipelines can implement these standards once.\39\ El Paso urges the
Commission to implement the index-based capacity release and flexible
delivery and receipt point standards six months after the effective
date of the Version 1.9 Standards.\40\ TVA also argues that the
Commission should postpone deciding on the proposals in the July 2009
NOPR due to the fact that NAESB will file the WGQ Version 1.9 Standards
in the near future.
---------------------------------------------------------------------------
\38\ AGA Comments (Docket No. RM96-1-030) at 2-3, Reply Comments
at 1-7; NJN/PSEG Comments (Docket No. RM96-1-030) at n.2; NGSA
Comments (Docket No. RM96-1-030) at 3.
\39\ INGAA Comments (Docket No. RM96-1-030) at 1, Answer at 2-3.
\40\ El Paso Comments (Docket No. RM96-1-036) at 1.
---------------------------------------------------------------------------
Commission Determination
36. We have sought reasonably to balance the interests of the
parties by acting quickly on the November 2009 NOPR and adopting
Version 1.9 of the standards. This will ensure that shippers can
utilize the flexibility provided by the index based releases and the
improved point right authority, but at the same time resolves the
pipelines' concerns by minimizing their costs through a single
implementation. In addition, we are directing the filing of tariff
sheets at a time that coordinates with the filing by natural gas
pipelines and processing by the Commission of the pipelines' electronic
tariff filings.
37. Thus, we will require natural gas pipelines to file tariff
sheets to reflect the changed standards on September 1, 2010, to take
effect on November 1, 2010, and will require implementation of these
standards by November 1, 2010. Pipelines incorporating the Version 1.9
standards into their tariffs must include the standard number and
Version 1.9 designation.\41\
---------------------------------------------------------------------------
\41\ Please see the attached Appendix B, which shows the
preferred and recommended format for submitting tariff sheets that
would incorporate the NAESB Version 1.9 gas standards by reference.
---------------------------------------------------------------------------
38. In addition, we have noticed that pipelines propose to
incorporate the NAESB standards in a variety of non-standard ways. For
example, pipelines often file to renew requests for waivers or
extensions of time with respect to particular standards without
providing a citation to the order or notice in which the initial waiver
or extension was granted. As a result, both Commission staff and the
public have difficulty reviewing the compliance filings.
39. To ease the burden of compliance review, we therefore will
specify certain format requirements applicable to the compliance
filings. Pipelines must include in their transmittal letter a table of
all the NAESB standards incorporated by reference and a cross-reference
to the tariff provision (whether revised or not) in which that standard
is contained. For standards that are not incorporated by reference, the
pipelines also should identify the tariff provision that complies with
that standard.\42\ Where applicable, pipelines shall also include a
table of prior standards for which waivers or extensions of time were
granted along with citations to the relevant orders or notices granting
those waivers or extensions of time. In addition, we have included as
Appendix B an example of a recommended tariff provision for
incorporation of the NAESB standards by reference.
---------------------------------------------------------------------------
\42\ We note that Standards 1.3.2 and 5.3.2 should be included
in the pipelines' tariffs.
---------------------------------------------------------------------------
IV. Notice of Use of Voluntary Consensus Standards
40. In section 12(d) of NTT&AA, Congress affirmatively requires
Federal agencies to use technical standards developed by voluntary
consensus standards organizations, like NAESB, as the means to carry
out policy objectives or activities determined by the agencies unless
use of such standards would be inconsistent with applicable law or
otherwise impractical.\43\ NAESB approved the standards under its
consensus procedures. 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. On July 16, 2009, the
Commission issued a NOPR proposing to incorporate by reference NAESB's
standards governing Index-Based Capacity Release and Flexible Delivery
and Receipt Points and on November 19, 2009, the Commission issued a
NOPR that proposed to incorporate by reference NAESB's Version 1.9
Standards, which included the standards on Index-Based Capacity Release
and Flexible Delivery and Receipt Points. The Commission took the
comments on these two NOPRs into account in fashioning this Final Rule.
---------------------------------------------------------------------------
\43\ See supra, n.12.
---------------------------------------------------------------------------
V. Information Collection Statement
41. The Office of Management and Budget's (OMB) regulations in 5
CFR 1320.11 require that it approve certain reporting and recordkeeping
requirements (collections of information) imposed by an agency. Upon
approval of a collection of information, OMB will assign an OMB control
number and an expiration date. Respondents subject to the filing
requirements of this Final Rule will not be penalized for failing to
respond to these collections of information unless the collections of
information display a valid OMB control number.
42. This Final Rule upgrades the Commission's current business
practice and communication standards to the latest edition approved by
the NAESB WGQ (i.e., the Version 1.9 Standards).
43. The implementation of these standards is necessary to increase
the efficiency of the pipeline grid, make pipelines' electronic
communications more secure, and is consistent with the mandate that
agencies provide for electronic disclosure of information. Requiring
such information ensures a common means of communication and ensures
common business practices that provide participants engaged in
transactions with interstate pipelines with timely information and
uniform business procedures across multiple pipelines.
44. The following burden estimates include the costs to implement
the WGQ's revised business practice standards and communication
protocols for interstate natural gas pipelines. The implementation of
these data requirements will help the Commission carry out its
responsibilities under the Natural Gas Act of promoting the efficiency
and reliability of the natural gas industry's operations. In addition,
the Commission's Office of Energy Market Regulation will use the data
for general industry oversight.
45. The Commission sought comments on the Commission's estimate
provided in the NOPR of the
[[Page 16343]]
burden associated with adoption of the NOPR proposals. In response to
the NOPR, no comments were filed that addressed the reporting burden
imposed by these requirements. Therefore the Commission will use these
same estimates in this Final Rule, with the sole exception that, based
on more recent information, we are updating our estimate of the number
of respondents (from 168 to 130).
----------------------------------------------------------------------------------------------------------------
Number of
Data collection Number of responses per Hours per Total number of
respondents respondent response hours
----------------------------------------------------------------------------------------------------------------
FERC-549C............................... 130 1 22 2,860
-----------------------------------------------------------------------
Totals.............................. ................ ................ ................ 2,860
----------------------------------------------------------------------------------------------------------------
Total Annual Hours for Collection
(Reporting and Recordkeeping, (if appropriate)) = 2,860.
46. Information Collection Costs: The Commission sought comments on
the costs to comply with these requirements. It has projected the
average annualized cost for all respondents to be the following: \44\
---------------------------------------------------------------------------
\44\ The total annualized cost for the information collection is
$429,000. This number is reached by multiplying the total hours to
prepare a response (hours) by an hourly wage estimate of $150 (a
composite estimate that includes legal, technical, and support staff
rates). $429,000= $150 x 2,860.
------------------------------------------------------------------------
FERC-549C
------------------------------------------------------------------------
Annualized Capital/Startup Costs........................... $429,000
Annualized Costs (Operations & Maintenance)................ N/A
------------
Total Annualized Costs................................. 429,000
------------------------------------------------------------------------
47. OMB regulations \45\ require OMB to approve certain information
collection requirements imposed by agency rule. The Commission is
submitting notification of this Final Rule to OMB. These information
collections are mandatory requirements.
---------------------------------------------------------------------------
\45\ 5 CFR 1320.11.
---------------------------------------------------------------------------
Title: FERC-549C, Standards for Business Practices of Interstate
Natural Gas Pipelines.
Action: Information collection.
OMB Control No.: 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: The Commission's regulations adopted in
this rule upgrade the Commission's current business practices and
communication standards in response to the Commission's determinations
in Order Nos. 682, 698, 698-A, 712, and 717, and would: revise
standards allowing index-based pricing for capacity release
transactions and allow for increased receipt and delivery point
flexibility through the use of redirects of scheduled quantities;
create information posting requirements for Web sites and browsers;
require the posting of gas quality information including posting and
format requirements; report hydrocarbon liquid drop out measurements;
and create standards to reflect changes in the use of software used on
the Internet.
48. The implementation of these data requirements will increase the
efficiency of the capacity release market and the ability to schedule
gas around constraints, will be reported directly to the industry users
and will provide additional transparency to informational posting Web
sites. It also will improve gas quality measurements and will improve
communication standards. The implementation of these standards and
regulations will promote the additional efficiency and reliability of
the gas industries' operations thereby helping the Commission to carry
out its responsibilities under the Natural Gas Act of promoting the
efficiency and reliability of the gas industries' operations. In
addition, the Commission's Office of Energy Market and Regulation 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.
49. Internal Review: The Commission has reviewed the requirements
pertaining to business practices and electronic communication with
interstate natural gas pipelines and has made a determination that
these revisions are necessary to establish a more efficient and
integrated pipeline grid. 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.
50. Interested persons may obtain information on the reporting
requirements by contacting: Federal Energy Regulatory Commission, Attn:
Michael Miller, Office of the Executive Director, 888 First Street,
NE., Washington, DC 20426 Tel: (202) 502-8415, Fax: (202) 273-0873, E-
mail: michael.miller@ferc.gov or by contacting: Office of Management
and Budget, Office of Information and Regulatory Affairs, Washington,
DC 20503 (Attention: Desk Officer for the Federal Energy Regulatory
Commission, (202) 395-4638, fax: (202) 395-7285).
VI. Environmental Analysis
51. 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.\46\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\47\ The actions adopted 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 and electric power that requires no
construction of facilities. Therefore, an environmental assessment is
unnecessary and has not been prepared in this Final Rule.
---------------------------------------------------------------------------
\46\ Order No. 486, Regulation Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
\47\ 18 CFR 380.4.
---------------------------------------------------------------------------
VII. Regulatory Flexibility Act
52. The Regulatory Flexibility Act of 1980 (RFA) \48\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
In drafting a rule an agency is required to: (1) Assess the effect that
its regulation will have on small entities; (2) analyze effective
alternatives that
[[Page 16344]]
may minimize a regulation's impact; and (3) make the analysis available
for public comment.\49\
---------------------------------------------------------------------------
\48\ 5 U.S.C. 601-612.
\49\ 5 U.S.C. 601-604.
---------------------------------------------------------------------------
53. The regulations we are adopting in this Final Rule impose
requirements only on interstate pipelines, the majority of which are
not small businesses. In this regard, we note that, under the industry
standards used for the RFA, a natural gas pipeline company qualifies as
a ``small entity'' if it had annual receipts of less than $7
million.\50\ Most companies regulated by the Commission do not fall
within the RFA's definition of a small entity. Approximately 130
entities would be potential respondents subject to data collection
FERC-549C reporting requirements. Nearly all of these entities are
large entities. For the year 2007 (the most recent year for which
information is available), only four companies not affiliated with
larger companies had annual revenues of less than $7 million, which is
about three percent of the total universe of potential respondents.
Moreover, these requirements are designed to benefit all customers,
including small businesses. As noted above, adoption of consensus
standards helps ensure the reasonableness of the standards by requiring
that the standards draw support from a broad spectrum of industry
participants representing all segments of the industry. Because of that
representation and the fact that industry conducts business under these
standards, the Commission's regulations should reflect those standards
that have the widest possible support.\51\
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\50\ See U.S. Small Business Administration, Table of Small
Business Size Standards, https://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf (effective July 31,
2006).\50\ 5 U.S.C. 601(3), citing section 3 of the Small Business
Act, 15 U.S.C. 623. Section 3 of the SBA defines a ``small business
concern'' as a business which is independently owned and operated
and which is not dominant in its field of operation. The Small
Business Size Standards component of the North American Industry
Classification System defines a small natural gas pipeline company
as one that transports natural gas and whose annual receipts (total
income plus cost of goods sold) less than $7 million for the
previous year.
\51\ As we stated in Standards for Business Practices of
Interstate Natural Gas Pipelines, Order No. 587-C, FERC Stats. &
Regs. ] 31,050, at 30,588 (1997), pipelines may file requests
seeking waiver or extension of the requirements of this rule, but
must file such requests within 30 days of the issuance of this rule.
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54. Accordingly, pursuant to section 605(b) of the RFA, the
Commission hereby certifies that the regulations adopted herein will
not have a significant adverse impact on a substantial number of small
entities.
VIII. Document Availability
55. 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.
56. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary 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.
57. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at 202-502-
6652 (toll free at 1-866-208-3676) or e-mail at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202)502-8659. E-mail the Public Reference Room at
public.referenceroom@ferc.gov.
IX. Effective Date and Congressional Notification
58. These regulations are effective May 3, 2010. The Commission has
determined, with the concurrence of the Administrator of the Office of
Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996.
List of Subjects in 18 CFR Part 284
Continental shelf, Incorporation by reference, Natural gas,
Reporting and recordkeeping requirements.
By the Commission.
Kimberly D. Bose,
Secretary.
* * * * *
0
In consideration of the foregoing, the Commission amends 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
* * * * *
0
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.
* * * * *
0
2. Section 284.12 is amended by revising paragraphs (a)(1)(i) through
(a)(1)(vii), and (a)(2) to read as follows:
Sec. 284.12 Standards for pipeline business operations and
communications.
(a) * * *
(1) * * *
(i) Additional Standards (General Standards, Creditworthiness
Standards and Gas/Electric Operational Communications Standards)
(Version 1.9, September 30, 2009);
(ii) Nominations Related Standards (Version 1.9, September 30,
2009);
(iii) Flowing Gas Related Standards (Version 1.9, September 30,
2009);
(iv) Invoicing Related Standards (Version 1.9, September 30, 2009);
(v) Quadrant Electronic Delivery Mechanism Related Standards
(Version 1.9, September 30, 2009) with the exception of Standard 4.3.4;
(vi) Capacity Release Related Standards (Version 1.9, September 30,
2009); and
(vii) Internet Electronic Transport Related Standards (Version 1.9,
September 30, 2009) with the exception of Standard 10.3.2.
(2) This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies of these standards may be obtained from the North American
Energy Standards Board, 801 Travis Street, Suite 1675, Houston, TX
77002, Phone: (713) 356-0060. NAESB's Web site is at https://www.naesb.org/. Copies may be inspected at the Federal Energy
Regulatory Commission, Public Reference and Files Maintenance Branch,
888 First Street, NE., Washington, DC 20426, Phone: (202) 502-8371,
https://www.ferc.gov, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/Federal_register/code_of_Federal_regulations/ibr_locations.html.
* * * * *
Appendix A
Note: The following Appendix will not appear in the Code of
Federal Regulations.
[[Page 16345]]
List of Commenters \52\
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\52\ The abbreviations used to refer to these commenters in this
Final Rule are shown parenthetically.
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American Gas Association (AGA) filed comments in Docket Nos. RM96-1-
030 and RM96-1-036 and reply comments in Docket No. RM96-1-030.
Arizona Public Service Company (APS) filed comments in Docket No.
RM96-1-030.
Carolina Gas Transmission Company (Carolina) filed comments in
Docket Nos. RM96-1-030 and RM96-1-036.
El Paso Corporation (El Paso) filed comments in Docket No. RM96-1-
036.
Interstate Natural Gas Association of America (INGAA) filed comments
and an answer in Docket No. RM96-1-030.
Natural Gas Supply Association (NGSA) filed comments in Docket No.
RM96-1-030 (late filed).
New Jersey Natural Gas Company & PSEG Energy Resources & Trade LLC
(NJN/PSEG) filed comments in Docket No. RM96-1-030.
Tennessee Valley Authority (TVA) filed comments in Docket No. RM96-
1-030.
Appendix B
Note: The following Appendix will not appear in the Code of
Federal Regulations.
Recommended Tariff Provision
General Terms and Conditions
Compliance with 18 CFR, Section 284.12
Transporter has adopted all of the Business Practices and
Electronic Communications Standards which are required by the
Commission in 18 CFR, Section 284.12(a), as amended from time to
time, in accordance with Order No. 587, et al. In addition to the
NAESB WGQ Standards referenced elsewhere in the Tariff, Transporter
specifically incorporates by reference the following NAESB WGQ
Version 1.9 Standards, Definitions, and Data Sets, by reference:
Additional Standards:
General:
Principles (Optional): 0.1.1, 0.1.2, 0.1.3
Standards: 0.3.1, 0.3.2, 0.3.16, 0.3.17
Creditworthiness:
Standards: 0.3.3, 0.3.4, 0.3.5, 0.3.6, 0.3.7, 0.3.8, 0.3.9,
0.3.10
Gas/Electric Operational Communications:
Definitions: 0.2.1, 0.2.2, 0.2.3
Standards: 0.3.11, 0.3.12, 0.3.13, 0.3.14, 0.3.15
Storage Information:
Data Sets: 0.4.1
Nominations Related Standards:
Principles (Optional): 1.1.1, 1.1.2, 1.1.3, 1.1.4, 1.1.5, 1.1.7,
1.1.9, 1.1.10, 1.1.11, 1.1.12, 1.1.13, 1.1.14, 1.1.15, 1.1.16,
1.1.17, 1.1.18, 1.1.20, 1.1.21, 1.1.22
Definitions: 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.8,
1.2.9, 1.2.10, 1.2.11, 1.2.12, 1.2.13, 1.2.14, 1.2.15, 1.2.16,
1.2.17, 1.2.18, 1.2.19
Standards: 1.3.1, 1.3.2(vi), 1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.3.7,
1.3.8, 1.3.9, 1.3.11, 1.3.13, 1.3.14, 1.3.15, 1.3.16, 1.3.17,
1.3.18, 1.3.19, 1.3.20, 1.3.21, 1.3.22, 1.3.23, 1.3.24, 1.3.25,
1.3.26, 1.3.27, 1.3.28, 1.3.29, 1.3.30, 1.3.31, 1.3.32, 1.3.33,
1.3.34, 1.3.35, 1.3.36, 1.3.37, 1.3.38, 1.3.39, 1.3.40, 1.3.41,
1.3.42, 1.3.43, 1.3.44, 1.3.45, 1.3.46, 1.3.47, 1.3.48, 1.3.49,
1.3.50, 1.3.51, 1.3.52, 1.3.53, 1.3.54, 1.3.55, 1.3.56, 1.3.57,
1.3.58, 1.3.59, 1.3.60, 1.3.61, 1.3