Commission Information Collection Activities (FERC-549); Comment Request; Extension, 46783-46785 [2011-19636]
Download as PDF
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices
collections of information, including the
validity of the methodology and
assumptions used; (3) ways to enhance
the quality, utility and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collections of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology (e.g. permitting
electronic submission of responses).
Dated: July 28, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011–19635 Filed 8–2–11; 8:45 am]
BILLING CODE 6717–01–P
original of their comments to: Federal
Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street, NE., Washington, DC 20426.
Users interested in receiving
automatic notification of activity in this
docket may do so through eSubscription
at https://www.ferc.gov/docs-filing/
esubscription.asp. All comments and
FERC issuances may be viewed, printed
or downloaded remotely through
FERC’s eLibrary at https://www.ferc.gov/
docs-filing/elibrary.asp, by searching on
Docket No. IC11–549. For user
assistance, contact FERC Online
Support by e-mail at ferconlinesupport
@ferc.gov, or by phone at: (866) 208–
3676 (toll-free), or (202) 502–8659 for
TTY.
Ellen Brown
may be reached by e-mail at Data
Clearance@FERC.gov, telephone at (202)
502–8663, and fax at (202) 273–0873.
SUPPLEMENTARY INFORMATION: The
information collected under the
requirements of FERC–549, ‘‘Gas
Pipeline Rates: NGPA Title III and NGA
Blanket Certificate Transactions’’ (OMB
Control No. 1902–0086), is used by the
Commission to implement the statutory
provisions of sections 311 and 312 of
the Natural Gas Policy Act (NGPA) and
section 7 of the Natural Gas Act (NGA).
The Commission implements these
statutes in 18 CFR part 284.
FOR FURTHER INFORMATION:
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC11–549–000]
Commission Information Collection
Activities (FERC–549); Comment
Request; Extension
Federal Energy Regulatory
Commission.
ACTION: Notice of proposed information
collection and request for comments.
AGENCY:
In compliance with the
requirements of section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995,
44 USC 3506(c)(2)(A) (2006), (Pub. L.
104–13), the Federal Energy Regulatory
Commission (Commission or FERC) is
soliciting public comment on the
proposed information collection
described below.
DATES: Comments in consideration of
the collection of information are due
October 3, 2011.
ADDRESSES: Comments may be filed
either electronically (eFiled) or in paper
format, and should refer to Docket No.
IC11–549–000. Documents must be
prepared in an acceptable filing format
and in compliance with Commission
submission guidelines at https://www.
ferc.gov/help/submission-guide.asp.
eFiling instructions are available at:
https://www.ferc.gov/docs-filing/efiling.
asp. First time users must follow
eRegister instructions at: https://www.
ferc.gov/docs-filing/eregistration.asp, to
establish a user name and password
before eFiling. The Commission will
send an automatic acknowledgement to
the sender’s e-mail address upon receipt
of eFiled comments. Commenters
making an eFiling should not make a
paper filing. Commenters that are not
able to file electronically must send an
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
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Semi-Annual Storage Report for
Interstate Pipelines
18 CFR 284.13(e) requires each
interstate pipeline to file with the
Commission a report of storage activity.
The Commission adopted the existing
semi-annual storage reporting
requirements for interstate pipelines in
their current form in 1992 as part of
Order No. 636, and there have been only
minor modifications in the semi-annual
storage reporting requirements since
that date.
Natural gas production is relatively
constant throughout the year, while
many uses of natural gas, residential
space heating for example, are seasonal.
Natural gas storage plays a critical role
in balancing the seasonal demand with
relatively constant supply, and the data
collected in the semi-annual storage
report provides important information
about natural gas pipelines’ ability to
affect the prices shippers can obtain
from consumers.
Improved storage technology and the
increased use of natural gas in industry
and electric generation have helped
transform the storage market since 1992.
There has been a sharp increase in
demand for natural gas outside of the
traditional winter months. Withdrawals
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Fmt 4703
Sfmt 4703
46783
and injections, instead of occurring on
a uniform annual schedule based on
heating needs, now occur dynamically
year-round in response to market forces.
Transportation by Interstate Pipelines
In 18 CFR 284.102(e) the Commission
requires interstate pipelines to obtain
proper certification in order to ship
natural gas on behalf of intrastate
pipelines and local distribution
companies (LDC). This certification
consists of a letter from the intrastate
pipeline or LDC authorizing the
intrastate pipeline to ship gas on its
behalf. In addition, interstate pipelines
must obtain from its shippers
certifications including sufficient
information to verify that their services
qualify under this section.
Rates and Charges for Intrastate
Pipelines
18 CFR 284.123(b) provides that
intrastate gas pipeline companies file for
Commission approval of rates for
services performed in the interstate
transportation of gas. An intrastate gas
pipeline company may elect to use rates
contained in one of its then effective
transportation rate schedules on file
with an appropriate state regulatory
agency for intrastate service comparable
to the interstate service OR file
proposed rates and supporting
information showing the rates are cost
based and are fair and equitable. 150
days after the application is filed the
rate is deemed to be fair and equitable
unless the Commission either extends
the time for action, institutes a
proceeding or issues an order providing
for rates it deems to be fair and
equitable.
18 CFR 284.123(e) requires that
within 30 days of commencement of
new service any intrastate pipeline
engaging in the transportation of gas in
interstate commerce must file a
statement that includes the interstate
rates and a description of how the
pipeline will engage in the
transportation services, including
operating conditions. If an intrastate gas
pipeline company changes its
operations or rates it must amend the
statement on file with the Commission.
Such amendment is to be filed not later
than 30 days after commencement of the
change operations or change in rate
election.
Code of Conduct 1
The Commission’s regulations at 18
CFR 284.288 and 284.403 provide that
1 These requirements were approved by OMB
originally in FERC–916 (OMB Control No. 224,
E:\FR\FM\03AUN1.SGM
Continued
03AUN1
46784
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices
applicable sellers of natural gas adhere
to a code of conduct when making gas
sales in order to protect the integrity of
the market. The Commission imposes
this record retention requirement on
applicable sellers to ‘‘retain, for a period
of five years, all data and information
upon which it billed the prices it
charged for natural gas it sold pursuant
to its market based sales certificate or
the prices it reported for use in price
indices.’’ FERC uses these records to
monitor the jurisdictional transportation
activities and unbundled sales activities
of interstate natural gas pipelines and
blanket marketing certificate holders.
The record retention period of five
years is necessary due to the importance
of records related to any investigation of
possible wrongdoing and related to
assuring compliance with the codes of
conduct and the integrity of the market.
The requirement is necessary to ensure
consistency with the rule prohibiting
market manipulation (regulations
adopted in Order No. 670,
implementing the EPAct 2005 antimanipulation provisions 2) and the
generally applicable five-year statute of
limitations where the Commission seeks
civil penalties for violations of the antimanipulation rules or other rules,
regulations, or orders to which the price
data may be relevant.
Failure to have this information
available would mean the Commission
is unable to perform its regulatory
functions and to monitor and evaluate
transactions and operations of interstate
pipelines and blanket marketing
certificate holders.
Market-Based Rates for Storage
In 2006 the Commission amended its
regulations to establish criteria for
obtaining market-based rates for storage
services offered under 18 CFR 284.501–
505. First, the Commission modified its
market-power analysis to better reflect
the competitive alternatives to storage.
Second, pursuant to the Energy Policy
Act of 2005, the Commission
promulgated rules to implement section
4(f) of the Natural Gas Act, to permit
underground natural gas storage service
providers that are unable to show that
they lack market power to negotiate
market-based rates in circumstances
where market-based rates are in the
public interest and necessary to
encourage the construction of the
storage capacity in the area needing
storage services, and where customers
are adequately protected. These
revisions are intended to facilitate the
development of new natural gas storage
capacity while protecting customers.
Action: The Commission is requesting
a three-year extension of the FERC–549
reporting requirements, with no
changes.
Burden Statement: The estimated
annual public reporting burden is
shown in the following table:
Number of
respondents
annually
Number of
responses per
respondent
Average
burden hours
per response
Total annual
burden hours
(1)
FERC–549
requirements & 18 CFR cite
(2)
(3)
(1) × (2) × (3)
Semi-Annual Storage Reports for Interstates .................................
284.13(e) ..........................................................................................
Transportation by Interstate Pipelines .............................................
284.102(e) ........................................................................................
Rates and Charges for Intrastate Pipelines ....................................
284.123(b), (e) .................................................................................
Code of Conduct 9 (recordkeeping) .................................................
284.288, 403 ....................................................................................
Market-Based Rates 10 ....................................................................
284.501–505 ....................................................................................
Total ..........................................................................................
3 155
2
4 12
3,720
5 75
2
63
450
7 67
1
8 12
804
222
1
1
222
2
1
350
700
............................
............................
............................
5,846
srobinson on DSK4SPTVN1PROD with NOTICES
The total estimated annual cost
burden to respondents is $339,068
(5,846 hours times $58/hour 11).
The reporting burden includes the
total time, effort, or financial resources
expended to generate, maintain, retain,
disclose, or provide the information
including: (1) Reviewing instructions;
(2) developing, acquiring, installing, and
utilizing technology and systems for the
purposes of collecting, validating,
verifying, processing, maintaining,
disclosing and providing information;
(3) adjusting the existing ways to
comply with any previously applicable
instructions and requirements; (4)
training personnel to respond to a
collection of information; (5) searching
data sources; (6) completing and
reviewing the collection of information;
and (7) transmitting or otherwise
disclosing the information.
The estimate of cost for respondents
is based upon salaries for professional
and clerical support, as well as direct
and indirect overhead costs. Direct costs
include all costs directly attributable to
providing this information, such as
administrative costs and the cost for
information technology. Indirect or
current expiration date is 9/30/2012). They are
being moved to the FERC–549 in an effort to
decrease the administrative effort involved in
renewing data collections.
2 18 CFR 1c.1 and 1c.2, 71 FR 4,244 (2006).
3 The number of pipelines in eTariff that are
subject to the Natural Gas Act.
4 This figure is based on the burden hours
estimated in Docket No. RM09–2 (quarterly
transportation and storage reports).
5 The number of respondents annually is assumed
to be approximately half of the number of interstate
pipelines as estimated under the semi-annual
storage report category.
6 This is an estimate for the amount of time it
requires to complete a one page document, which
is what is essentially required by this part (one page
from the shippers and one page from the intrastate
or LDC, equaling an estimated 2 times a year).
7 This figure is based on the number of filings
under 18 CFR Part 284.123 filings over the past
three years.
8 This figure is based on the assumption that the
effort required to make this revision to a tariff is
approximately half of the effort required to make a
baseline tariff filing (as computed in the Final Rule
in Docket No. RM01–5).
9 The estimates for this category come from the
Commission’s most recent renewal pertaining to
this requirement.
10 The estimates for this category are the same as
were submitted to OMB when these requirements
were last modified (in the Final Rule in Docket No.
RM05–23).
11 The per hour figures were obtained from the
Bureau of Labor Statistics National IndustrySpecific Occupational and Employment Wage
Estimates (https://www.bls.gov/oes/current/
naics4_221200.htm), and are based on the mean
wage statistics for staff in the areas of management,
business and financial, legal and administrative.
The mean wage was then increased by 20% to
account for benefits/overhead.
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E:\FR\FM\03AUN1.SGM
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Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices
overhead costs are costs incurred by an
organization in support of its mission.
These costs apply to activities which
benefit the whole organization rather
than any one particular function or
activity.
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Commission,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimate of the burden of
the proposed collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology
e.g. permitting electronic submission of
responses.
Dated: July 28, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011–19636 Filed 8–2–11; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 14230–000]
srobinson on DSK4SPTVN1PROD with NOTICES
George Wenschhof; Notice of
Application Accepted for Filing and
Soliciting Comments, Motions to
Intervene, Protests,
Recommendations, and Terms and
Conditions
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection:
a. Type of Application: Conduit
Exemption.
b. Project No.: 14230–000.
c. Date filed: July 15, 2011.
d. Applicant: George Wenschhof.
e. Name of Project: Meeker
Wenschhof Hydroelectric Project.
f. Location: The proposed Meeker
Wenschhof Project would be located on
an existing irrigation pipeline in Rio
Blanco County, Colorado. The land on
which all the project structures are
located is owned by the applicant.
g. Filed Pursuant to: Federal Power
Act 16 U.S.C. 791a–825r.
h. Applicant Contact: Mr. Ryan
Broshar, SRA International, 12600
VerDate Mar<15>2010
16:24 Aug 02, 2011
Jkt 223001
Colfax Ave. W., Lakewood, CO 80304,
(303) 233–1275.
i. FERC Contact: Christopher Chaney,
(202) 502–6778,
christopher.chaney@ferc.gov.
j. Status of Environmental Analysis:
This application is ready for
environmental analysis at this time, and
the Commission is requesting
comments, reply comments,
recommendations, terms and
conditions, and prescriptions.
k. Deadline for filing responsive
documents: Due to the small size of the
proposed project, as well as the resource
agency consultation letters filed with
the application, the 60-day timeframe
specified in 18 CFR 4.34(b) for filing all
comments, motions to intervene,
protests, recommendations, terms and
conditions, and prescriptions is
shortened to 30 days from the issuance
date of this notice. All reply comments
filed in response to comments
submitted by any resource agency,
Indian tribe, or person, must be filed
with the Commission within 45 days
from the issuance date of this notice.
Comments, protests, and
interventions may be filed electronically
via the Internet in lieu of paper; see 18
CFR 385.2001(a)(1)(iii) and the
instructions on the Commission’s Web
site under https://www.ferc.gov/docsfiling/efiling.asp. The Commission
strongly encourages electronic filings.
The Commission’s Rules of Practice
and Procedure require all intervenors
filing documents with the Commission
to serve a copy of that document on
each person on the official service list
for the project. Further, if an intervenor
files comments or documents with the
Commission relating to the merits of an
issue that may affect the responsibilities
of a particular resource agency, it must
also serve a copy of the document on
that resource agency.
l. Description of Project: The Meeker
Wenschhof Project would consist of: (1)
A proposed powerhouse containing one
proposed generating unit with an
installed capacity of 23 kilowatts; and
(2) appurtenant facilities. The applicant
estimates the project would have an
average annual generation of 100,000
kilowatt-hours.
m. This filing is available for review
and reproduction at the Commission in
the Public Reference Room, Room 2A,
888 First Street, NE., Washington, DC
20426. The filing may also be viewed on
the web at https://www.ferc.gov/docsfiling/elibrary.asp using the ‘‘eLibrary’’
link. Enter the docket number, P–14230,
in the docket number field to access the
document. For assistance, call toll-free
1–866–208–3676 or e-mail
FERCOnlineSupport@ferc.gov. For TTY,
PO 00000
Frm 00065
Fmt 4703
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46785
call (202) 502–8659. A copy is also
available for review and reproduction at
the address in item h above.
n. Development Application—Any
qualified applicant desiring to file a
competing application must submit to
the Commission, on or before the
specified deadline date for the
particular application, a competing
development application, or a notice of
intent to file such an application.
Submission of a timely notice of intent
allows an interested person to file the
competing development application no
later than 120 days after the specified
deadline date for the particular
application. Applications for
preliminary permits will not be
accepted in response to this notice.
o. Notice of Intent—A notice of intent
must specify the exact name, business
address, and telephone number of the
prospective applicant, and must include
an unequivocal statement of intent to
submit a competing development
application. A notice of intent must be
served on the applicant(s) named in this
public notice.
p. Protests or Motions to Intervene—
Anyone may submit a protest or a
motion to intervene in accordance with
the requirements of Rules of Practice
and Procedure, 18 CFR 385.210,
385.211, and 385.214. In determining
the appropriate action to take, the
Commission will consider all protests
filed, but only those who file a motion
to intervene in accordance with the
Commission’s Rules may become a
party to the proceeding. Any protests or
motions to intervene must be received
on or before the specified deadline date
for the particular application.
q. All filings must (1) Bear in all
capital letters the title ‘‘PROTEST’’,
‘‘MOTION TO INTERVENE’’, ‘‘NOTICE
OF INTENT TO FILE COMPETING
APPLICATION’’, ‘‘COMPETING
APPLICATION’’, ‘‘COMMENTS’’,
‘‘REPLY COMMENTS,’’
‘‘RECOMMENDATIONS,’’ ‘‘TERMS
AND CONDITIONS,’’ or
‘‘PRESCRIPTIONS;’’ (2) set forth in the
heading the name of the applicant and
the project number of the application to
which the filing responds; (3) furnish
the name, address, and telephone
number of the person protesting or
intervening; and (4) otherwise comply
with the requirements of 18 CFR
385.2001 through 385.2005. All
comments, recommendations, terms and
conditions or prescriptions must set
forth their evidentiary basis and
otherwise comply with the requirements
of 18 CFR 4.34(b). Agencies may obtain
copies of the application directly from
the applicant. Any of these documents
must be filed by providing the original
E:\FR\FM\03AUN1.SGM
03AUN1
Agencies
[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Notices]
[Pages 46783-46785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19636]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC11-549-000]
Commission Information Collection Activities (FERC-549); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of proposed information collection and request for
comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the requirements of section 3506(c)(2)(A)
of the Paperwork Reduction Act of 1995, 44 USC 3506(c)(2)(A) (2006),
(Pub. L. 104-13), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the proposed information
collection described below.
DATES: Comments in consideration of the collection of information are
due October 3, 2011.
ADDRESSES: Comments may be filed either electronically (eFiled) or in
paper format, and should refer to Docket No. IC11-549-000. Documents
must be prepared in an acceptable filing format and in compliance with
Commission submission guidelines at https://www.ferc.gov/help/submission-guide.asp. eFiling instructions are available at: https://www.ferc.gov/docs-filing/efiling.asp. First time users must follow
eRegister instructions at: https://www.ferc.gov/docs-filing/eregistration.asp, to establish a user name and password before
eFiling. The Commission will send an automatic acknowledgement to the
sender's e-mail address upon receipt of eFiled comments. Commenters
making an eFiling should not make a paper filing. Commenters that are
not able to file electronically must send an original of their comments
to: Federal Energy Regulatory Commission, Secretary of the Commission,
888 First Street, NE., Washington, DC 20426.
Users interested in receiving automatic notification of activity in
this docket may do so through eSubscription at https://www.ferc.gov/docs-filing/esubscription.asp. All comments and FERC issuances may be
viewed, printed or downloaded remotely through FERC's eLibrary at
https://www.ferc.gov/docs-filing/elibrary.asp, by searching on Docket
No. IC11-549. For user assistance, contact FERC Online Support by e-
mail at ferconlinesupport@ferc.gov, or by phone at: (866) 208-3676
(toll-free), or (202) 502-8659 for TTY.
FOR FURTHER INFORMATION: Ellen Brown may be reached by e-mail at
DataClearance@FERC.gov, telephone at (202) 502-8663, and fax at (202)
273-0873.
SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC-549, ``Gas Pipeline Rates: NGPA Title III and NGA
Blanket Certificate Transactions'' (OMB Control No. 1902-0086), is used
by the Commission to implement the statutory provisions of sections 311
and 312 of the Natural Gas Policy Act (NGPA) and section 7 of the
Natural Gas Act (NGA). The Commission implements these statutes in 18
CFR part 284.
Semi-Annual Storage Report for Interstate Pipelines
18 CFR 284.13(e) requires each interstate pipeline to file with the
Commission a report of storage activity. The Commission adopted the
existing semi-annual storage reporting requirements for interstate
pipelines in their current form in 1992 as part of Order No. 636, and
there have been only minor modifications in the semi-annual storage
reporting requirements since that date.
Natural gas production is relatively constant throughout the year,
while many uses of natural gas, residential space heating for example,
are seasonal. Natural gas storage plays a critical role in balancing
the seasonal demand with relatively constant supply, and the data
collected in the semi-annual storage report provides important
information about natural gas pipelines' ability to affect the prices
shippers can obtain from consumers.
Improved storage technology and the increased use of natural gas in
industry and electric generation have helped transform the storage
market since 1992. There has been a sharp increase in demand for
natural gas outside of the traditional winter months. Withdrawals and
injections, instead of occurring on a uniform annual schedule based on
heating needs, now occur dynamically year-round in response to market
forces.
Transportation by Interstate Pipelines
In 18 CFR 284.102(e) the Commission requires interstate pipelines
to obtain proper certification in order to ship natural gas on behalf
of intrastate pipelines and local distribution companies (LDC). This
certification consists of a letter from the intrastate pipeline or LDC
authorizing the intrastate pipeline to ship gas on its behalf. In
addition, interstate pipelines must obtain from its shippers
certifications including sufficient information to verify that their
services qualify under this section.
Rates and Charges for Intrastate Pipelines
18 CFR 284.123(b) provides that intrastate gas pipeline companies
file for Commission approval of rates for services performed in the
interstate transportation of gas. An intrastate gas pipeline company
may elect to use rates contained in one of its then effective
transportation rate schedules on file with an appropriate state
regulatory agency for intrastate service comparable to the interstate
service OR file proposed rates and supporting information showing the
rates are cost based and are fair and equitable. 150 days after the
application is filed the rate is deemed to be fair and equitable unless
the Commission either extends the time for action, institutes a
proceeding or issues an order providing for rates it deems to be fair
and equitable.
18 CFR 284.123(e) requires that within 30 days of commencement of
new service any intrastate pipeline engaging in the transportation of
gas in interstate commerce must file a statement that includes the
interstate rates and a description of how the pipeline will engage in
the transportation services, including operating conditions. If an
intrastate gas pipeline company changes its operations or rates it must
amend the statement on file with the Commission. Such amendment is to
be filed not later than 30 days after commencement of the change
operations or change in rate election.
Code of Conduct \1\
---------------------------------------------------------------------------
\1\ These requirements were approved by OMB originally in FERC-
916 (OMB Control No. 224, current expiration date is 9/30/2012).
They are being moved to the FERC-549 in an effort to decrease the
administrative effort involved in renewing data collections.
---------------------------------------------------------------------------
The Commission's regulations at 18 CFR 284.288 and 284.403 provide
that
[[Page 46784]]
applicable sellers of natural gas adhere to a code of conduct when
making gas sales in order to protect the integrity of the market. The
Commission imposes this record retention requirement on applicable
sellers to ``retain, for a period of five years, all data and
information upon which it billed the prices it charged for natural gas
it sold pursuant to its market based sales certificate or the prices it
reported for use in price indices.'' FERC uses these records to monitor
the jurisdictional transportation activities and unbundled sales
activities of interstate natural gas pipelines and blanket marketing
certificate holders.
The record retention period of five years is necessary due to the
importance of records related to any investigation of possible
wrongdoing and related to assuring compliance with the codes of conduct
and the integrity of the market. The requirement is necessary to ensure
consistency with the rule prohibiting market manipulation (regulations
adopted in Order No. 670, implementing the EPAct 2005 anti-manipulation
provisions \2\) and the generally applicable five-year statute of
limitations where the Commission seeks civil penalties for violations
of the anti-manipulation rules or other rules, regulations, or orders
to which the price data may be relevant.
---------------------------------------------------------------------------
\2\ 18 CFR 1c.1 and 1c.2, 71 FR 4,244 (2006).
---------------------------------------------------------------------------
Failure to have this information available would mean the
Commission is unable to perform its regulatory functions and to monitor
and evaluate transactions and operations of interstate pipelines and
blanket marketing certificate holders.
Market-Based Rates for Storage
In 2006 the Commission amended its regulations to establish
criteria for obtaining market-based rates for storage services offered
under 18 CFR 284.501-505. First, the Commission modified its market-
power analysis to better reflect the competitive alternatives to
storage. Second, pursuant to the Energy Policy Act of 2005, the
Commission promulgated rules to implement section 4(f) of the Natural
Gas Act, to permit underground natural gas storage service providers
that are unable to show that they lack market power to negotiate
market-based rates in circumstances where market-based rates are in the
public interest and necessary to encourage the construction of the
storage capacity in the area needing storage services, and where
customers are adequately protected. These revisions are intended to
facilitate the development of new natural gas storage capacity while
protecting customers.
Action: The Commission is requesting a three-year extension of the
FERC-549 reporting requirements, with no changes.
Burden Statement: The estimated annual public reporting burden is
shown in the following table:
----------------------------------------------------------------------------------------------------------------
Number of Number of Average burden
FERC-549 requirements & 18 CFR cite respondents responses per hours per Total annual
annually respondent response burden hours
(1) (2) (3) (1) x (2) x (3)
----------------------------------------------------------------------------------------------------------------
Semi-Annual Storage Reports for \3\ 155 2 \4\ 12 3,720
Interstates............................
284.13(e)...............................
Transportation by Interstate Pipelines.. \5\ 75 2 \6\ 3 450
284.102(e)..............................
Rates and Charges for Intrastate \7\ 67 1 \8\ 12 804
Pipelines..............................
284.123(b), (e).........................
Code of Conduct \9\ (recordkeeping)..... 222 1 1 222
284.288, 403............................
Market-Based Rates \10\................. 2 1 350 700
284.501-505.............................
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Total............................... ................ ................ ................ 5,846
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The total estimated annual cost burden to respondents is $339,068
(5,846 hours times $58/hour \11\).
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\3\ The number of pipelines in eTariff that are subject to the
Natural Gas Act.
\4\ This figure is based on the burden hours estimated in Docket
No. RM09-2 (quarterly transportation and storage reports).
\5\ The number of respondents annually is assumed to be
approximately half of the number of interstate pipelines as
estimated under the semi-annual storage report category.
\6\ This is an estimate for the amount of time it requires to
complete a one page document, which is what is essentially required
by this part (one page from the shippers and one page from the
intrastate or LDC, equaling an estimated 2 times a year).
\7\ This figure is based on the number of filings under 18 CFR
Part 284.123 filings over the past three years.
\8\ This figure is based on the assumption that the effort
required to make this revision to a tariff is approximately half of
the effort required to make a baseline tariff filing (as computed in
the Final Rule in Docket No. RM01-5).
\9\ The estimates for this category come from the Commission's
most recent renewal pertaining to this requirement.
\10\ The estimates for this category are the same as were
submitted to OMB when these requirements were last modified (in the
Final Rule in Docket No. RM05-23).
\11\ The per hour figures were obtained from the Bureau of Labor
Statistics National Industry-Specific Occupational and Employment
Wage Estimates (https://www.bls.gov/oes/current/naics4_221200.htm),
and are based on the mean wage statistics for staff in the areas of
management, business and financial, legal and administrative. The
mean wage was then increased by 20% to account for benefits/
overhead.
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The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting or otherwise disclosing the
information.
The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or
[[Page 46785]]
overhead costs are costs incurred by an organization in support of its
mission. These costs apply to activities which benefit the whole
organization rather than any one particular function or activity.
Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology e.g. permitting electronic submission of
responses.
Dated: July 28, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-19636 Filed 8-2-11; 8:45 am]
BILLING CODE 6717-01-P