Commission Information Collection Activities (FERC-549); Comment Request; Submitted for OMB Review, 66920-66922 [2011-27953]
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66920
Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Notices
RECORDS ACCESS PROCEDURES:
Same as Notification Procedures
above. Records are generally kept at
locations where the work is performed.
In accordance with DOE’s Privacy Act
regulation, proper identification is
required before a request is processed.
CONTESTING RECORD PROCEDURES:
Same as Notification Procedures
above.
RECORD SOURCE CATEGORIES:
Documents completed and/or
furnished by subject; Department of
Energy; Office of Personnel
Management; Federal Bureau of
Investigation; Defense Security Service;
medical professionals; and confidential
sources.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
This system is exempt under
subsection (k)(1), (k)(2), and (k)(5) of the
Privacy Act to the extent that
information within the System meets
the criteria of those subsections of the
Act. Such information has been
exempted from the provisions of
subsections (c)(3), (d), and (e)(1) of the
Act. See the Department’s Privacy Act
regulation at Title 10, Code of Federal
Regulations, Part 1008.
[FR Doc. 2011–27920 Filed 10–27–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC11–549–001]
Commission Information Collection
Activities (FERC–549); Comment
Request; Submitted for OMB Review
Federal Energy Regulatory
Commission.
ACTION: Notice.
AGENCY:
In compliance with the
requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44
U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission or
FERC) has submitted the information
collection described below to the Office
of Management and Budget (OMB) for
review of the information collection
requirements. Any interested person
may file comments directly with OMB
and should address a copy of those
comments to the Commission as
explained below. The Commission
issued a Notice in the Federal Register
(76 FR 46783, 08/3/2011) requesting
public comments. FERC received no
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SUMMARY:
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Jkt 226001
comments on the FERC–549 and has
made this notation in its submission to
OMB.
DATES: Comments on the collection of
information are due by November 28,
2011.
ADDRESSES: Address comments on the
collection of information to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention: Federal Energy Regulatory
Commission Desk Officer. Comments to
OMB should be filed electronically, c/o
oiralsubmission@omb.eop.gov and
include OMB Control Number 1902–
0086 for reference. The Desk Officer
may be reached by telephone at (202)
395–4718.
A copy of the comments should also
be sent to the Federal Energy Regulatory
Commission and should refer to Docket
No. IC11–549–001. Comments may be
filed either electronically or in paper
format. Those persons filing
electronically do not need to make a
paper filing. Documents filed
electronically via the Internet must be
prepared in an acceptable filing format
and in compliance with the Federal
Energy Regulatory Commission
submission guidelines. Complete filing
instructions and acceptable filing
formats are available at https://
www.ferc.gov/help/submissionguide.asp. To file the document
electronically, access the Commission’s
Web site and click on Documents &
Filing, E-Filing (https://www.ferc.gov/
docs-filing/efiling.asp), and then follow
the instructions for each screen. First
time users will have to establish a user
name and password. The Commission
will send an automatic
acknowledgement to the sender’s email
address upon receipt of comments.
For paper filings, the comments
should be submitted to the Federal
Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street, NE., Washington, DC 20426, and
should refer to Docket No. IC11–549–
001.
Users interested in receiving
automatic notification of activity in
FERC Docket Number IC11–549 may do
so through eSubscription at https://
www.ferc.gov/docs-filing/
esubscription.asp. All comments may be
viewed, printed or downloaded
remotely via the Internet through
FERC’s homepage using the ‘‘eLibrary’’
link. For user assistance, contact
ferconlinesupport@ferc.gov or toll-free
at (866) 208–3676, or for TTY, contact
(202) 502–8659.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov, by
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
telephone at (202) 502–8663, and by fax
at (202) 273–0873.
SUPPLEMENTARY INFORMATION: The
information collected under the
requirements of FERC–549, ‘‘Gas
Pipeline Rates: NGPA Title III and NGA
Blanket Certificate Transactions’’ (OMB
Control No. 1902–0086), is used by the
Commission to implement the statutory
provisions of sections 311 and 312 of
the Natural Gas Policy Act (NGPA) and
section 7 of the Natural Gas Act (NGA).
The Commission implements these
statues in 18 CFR 284.
Semi-Annual Storage Report for
Interstate Pipelines 1
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
1 On September 15, 2011 the Commission issued
a Notice of Proposed Rulemaking in docket no.
RM11–4 proposing to delete the semi-annual
storage report for interstate and intrastate pipelines.
OMB has reviewed the proposal and is withholding
final approval until the final rule. Because the
FERC–549 collection (including the semi-annual
storage report for interstate pipelines) has an
expiration date of 12/31/2011 the Commission
seeking for renewal of the collection expecting that
this collection will likely be modified by a final rule
at a later date.
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Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Notices
companies (LDC). This certification
consists of a letter from the intrastate
pipeline or LDC authorizing the
intrastate pipeline to ship gas on its
behalf. In addition, interstate pipelines
must obtain from its shippers
certifications including sufficient
information to verify that their services
qualify under this section.
Rates and Charges for Intrastate
Pipelines
18 CFR 284.123(b) provides that
intrastate gas pipeline companies file for
Commission approval of rates for
services performed in the interstate
transportation of gas. An intrastate gas
pipeline company may elect to use rates
contained in one of its then effective
transportation rate schedules on file
with an appropriate state regulatory
agency for intrastate service comparable
to the interstate service OR file
proposed rates and supporting
information showing the rates are cost
based and are fair and equitable.
150 days after the application is filed
the rate is deemed to be fair and
equitable unless the Commission either
extends the time for action, institutes a
proceeding or issues an order providing
for rates it deems to be fair and
equitable.
18 CFR 284.123(e) requires that
within 30 days of commencement of
new service any intrastate pipeline
engaging in the transportation of gas in
interstate commerce must file a
statement that includes the interstate
rates and a description of how the
pipeline will engage in the
transportation services, including
operating conditions. If an intrastate gas
pipeline company changes its
operations or rates it must amend the
statement on file with the Commission.
Such amendment is to be filed not later
than 30 days after commencement of the
change operations or change in rate
election.
Code of Conduct 2
The Commission’s regulations at 18
CFR 284.288 and 284.403 provide that
applicable sellers of natural gas adhere
to a code of conduct when making gas
sales in order to protect the integrity of
the market. Related to the code of
conduct, the Commission imposes a
record retention requirement on
applicable sellers to ‘‘retain, for a period
of five years, all data and information
upon which it billed the prices it
charged for natural gas it sold pursuant
to its market based sales certificate or
the prices it reported for use in price
indices.’’ FERC uses these records to
monitor the jurisdictional transportation
activities and unbundled sales activities
of interstate natural gas pipelines and
blanket marketing certificate holders.
The record retention period of five
years is necessary due to the importance
of records related to any investigation of
possible wrongdoing and related to
assuring compliance with the codes of
conduct and the integrity of the market.
The requirement is necessary to ensure
consistency with the rule prohibiting
market manipulation (regulations
adopted in Order No. 670,
implementing the EPAct 2005 antimanipulation provisions 3) and the
generally applicable five-year statute of
limitations where the Commission seeks
civil penalties for violations of the anti-
manipulation rules or other rules,
regulations, or orders to which the price
data may be relevant.
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)
4 155
Total ..........................................................................................................
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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 10 (recordkeeping) 284.288, 403 .........................................
Market-Based Rates 11284.501–505 ...............................................................
2 These code of conduct requirements were
approved by OMB originally in FERC–916 (OMB
Control No. 224, current expiration date is 9/30/
2012) because there was another package related to
the FERC–549 under review at the time. These
requirements are being moved to the FERC–549 in
an effort to decrease the administrative effort
involved in renewing data collections.
3 18 CFR 1c.1 and 1c.2, 71 FR 4,244 (2006).
4 The number of pipelines in eTariff that are
subject to the Natural Gas Act.
5 This figure is based on the burden hours
estimated in Docket No. RM09–2 (quarterly
transportation and storage reports).
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5 12
222
2
2
2
1
1
1
1
350
3,720
450
804
222
700
........................
........................
........................
5,846
6 75
8 67
6 The number of respondents annually is assumed
to be approximately half of the number of interstate
pipelines as estimated under the semi-annual
storage report category.
7 This is an estimate for the amount of time it
requires to complete a one page document, which
is what is essentially required by this part (one page
from the shippers and one page from the intrastate
or LDC, equaling an estimated 2 times a year).
8 This figure is based on the number of filings
under 18 CFR part 284.123 filings over the past
three years.
9 This figure is based on the assumption that the
effort required to make this revision to a tariff is
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Frm 00031
Fmt 4703
Sfmt 4703
73
9 12
approximately half of the effort required to make a
baseline tariff filing (as computed in the Final Rule
in Docket No. RM01–5) .
10 The estimates for this category come from the
Commission’s most recent renewal pertaining to
this requirement.
11 The estimates for this category are the same as
were submitted to OMB when these requirements
were last modified (in the Final Rule in Docket No.
RM05–23).
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Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Notices
The total estimated annual cost
burden to respondents is $339,068
(5,846 hours times $58/hour 12).
The reporting burden includes the
total time, effort, or financial resources
expended to generate, maintain, retain,
disclose, or provide the information
including: (1) Reviewing instructions;
(2) developing, acquiring, installing, and
utilizing technology and systems for the
purposes of collecting, validating,
verifying, processing, maintaining,
disclosing and providing information;
(3) adjusting the existing ways to
comply with any previously applicable
instructions and requirements;
(4) training personnel to respond to a
collection of information; (5) searching
data sources; (6) completing and
reviewing the collection of information;
and (7) transmitting or otherwise
disclosing the information.
The estimate of cost for respondents
is based upon salaries for professional
and clerical support, as well as direct
and indirect overhead costs. Direct costs
include all costs directly attributable to
providing this information, such as
administrative costs and the cost for
information technology. Indirect or
overhead costs are costs incurred by an
organization in support of its mission.
These costs apply to activities which
benefit the whole organization rather
than any one particular function or
activity.
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Commission,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimate of the burden of
the proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) ways to enhance the quality, utility
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology
e.g. permitting electronic submission of
responses.
Dated: October 24, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011–27953 Filed 10–27–11; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[ Docket No. PF11–9–000]
Dominion Transmission, Incorporated;
Notice of Intent To Prepare an
Environmental Assessment for the
Planned Allegheny Storage Project,
Request for Comments on
Environmental Issues, and Notice of
Public Scoping Meeting
Commission) will prepare an
environmental assessment (EA) that will
discuss the environmental impacts of
the Allegheny Storage Project involving
construction and operation of facilities
by Dominion Transmission,
Incorporated (DTI) in Lewis County,
West Virginia; Tioga County,
Pennsylvania; Frederick County,
Maryland; and Monroe County, Ohio.
This EA will be used by the
Commission in its decision-making
process to determine whether the
project is in the public convenience and
necessity.
This notice announces the opening of
the scoping process the Commission
will use to gather input from the public
and interested agencies on the project.
Your input will help the Commission
staff determine what issues need to be
evaluated in the EA. Please note that the
scoping period will close on November
23, 2011.
Comments may be submitted in
written form or verbally. Further details
on how to submit written comments are
provided in the Public Participation
section of this notice. In lieu of or in
addition to sending written comments,
the Commission invites you to attend
the public scoping meetings scheduled
as follows:
The staff of the Federal Energy
Regulatory Commission (FERC or
FERC PUBLIC SCOPING MEETINGS
sroberts on DSK5SPTVN1PROD with NOTICES
Myersville Compressor Station, 7:00 p.m.—Monday, November 7,
2011, Myersville Volunteer Fire Company, 301 Main Street,
Myersville, MD 21773.
Mullett Compressor Station, 7:00 p.m.—Tuesday, November 8, 2011,
St. John’s United Church of Christ, 51736 German Ridge Road,
Powhatan Point, OH 43942.
This notice is being sent to the
Commission’s current environmental
mailing list for this project. State and
local government representatives are
asked to notify their constituents of this
planned project and encourage them to
comment on their areas of concern.
If you are a landowner receiving this
notice, you may be contacted by a
pipeline company representative about
the acquisition of an easement to
construct, operate, and maintain the
planned facilities. The company would
seek to negotiate a mutually acceptable
agreement. However, if the project is
approved by the Commission, that
approval conveys with it the right of
eminent domain. Therefore, if easement
negotiations fail to produce an
agreement, the pipeline company could
initiate condemnation proceedings
where compensation would be
determined in accordance with state
law.
A fact sheet prepared by the FERC
entitled ‘‘An Interstate Natural Gas
Facility On My Land? What Do I Need
To Know?’’ is available for viewing on
the FERC Web site (https://
www.ferc.gov). This fact sheet addresses
a number of typically-asked questions,
including the use of eminent domain
and how to participate in the
Commission’s proceedings.
Summary of the Planned Project
12 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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16:56 Oct 27, 2011
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Fmt 4703
Sfmt 4703
DTI plans to construct and operate
one new compressor station in both
Frederick County, Maryland and
Monroe County, Ohio. In addition, DTI
plans to replace about 3 miles of
pipeline in Tioga County, Pennsylvania
and install additional hydration at an
existing compressor station in Lewis
County, West Virginia. According to
DTI, the Allegheny Storage Project
would provide a total of 125,000
dekatherms per day of both natural gas
storage and transportation service to its
customers: Baltimore Gas and Electric,
TW Philips, and Washington Gas and
E:\FR\FM\28OCN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Notices]
[Pages 66920-66922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27953]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC11-549-001]
Commission Information Collection Activities (FERC-549); Comment
Request; Submitted for OMB Review
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission or FERC) has submitted the
information collection described below to the Office of Management and
Budget (OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission issued a Notice in the Federal Register (76 FR 46783,
08/3/2011) requesting public comments. FERC received no comments on the
FERC-549 and has made this notation in its submission to OMB.
DATES: Comments on the collection of information are due by November
28, 2011.
ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o oira_submission@omb.eop.gov and include OMB Control Number 1902-0086 for
reference. The Desk Officer may be reached by telephone at (202) 395-
4718.
A copy of the comments should also be sent to the Federal Energy
Regulatory Commission and should refer to Docket No. IC11-549-001.
Comments may be filed either electronically or in paper format. Those
persons filing electronically do not need to make a paper filing.
Documents filed electronically via the Internet must be prepared in an
acceptable filing format and in compliance with the Federal Energy
Regulatory Commission submission guidelines. Complete filing
instructions and acceptable filing formats are available at https://www.ferc.gov/help/submission-guide.asp. To file the document
electronically, access the Commission's Web site and click on Documents
& Filing, E-Filing (https://www.ferc.gov/docs-filing/efiling.asp), and
then follow the instructions for each screen. First time users will
have to establish a user name and password. The Commission will send an
automatic acknowledgement to the sender's email address upon receipt of
comments.
For paper filings, the comments should be submitted to the Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street, NE., Washington, DC 20426, and should refer to Docket No. IC11-
549-001.
Users interested in receiving automatic notification of activity in
FERC Docket Number IC11-549 may do so through eSubscription at https://www.ferc.gov/docs-filing/esubscription.asp. All comments may be viewed,
printed or downloaded remotely via the Internet through FERC's homepage
using the ``eLibrary'' link. For user assistance, contact
ferconlinesupport@ferc.gov or toll-free at (866) 208-3676, or for TTY,
contact (202) 502-8659.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
DataClearance@FERC.gov, by telephone at (202) 502-8663, and by fax at
(202) 273-0873.
SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC-549, ``Gas Pipeline Rates: NGPA Title III and NGA
Blanket Certificate Transactions'' (OMB Control No. 1902-0086), is used
by the Commission to implement the statutory provisions of sections 311
and 312 of the Natural Gas Policy Act (NGPA) and section 7 of the
Natural Gas Act (NGA). The Commission implements these statues in 18
CFR 284.
Semi-Annual Storage Report for Interstate Pipelines \1\
---------------------------------------------------------------------------
\1\ On September 15, 2011 the Commission issued a Notice of
Proposed Rulemaking in docket no. RM11-4 proposing to delete the
semi-annual storage report for interstate and intrastate pipelines.
OMB has reviewed the proposal and is withholding final approval
until the final rule. Because the FERC-549 collection (including the
semi-annual storage report for interstate pipelines) has an
expiration date of 12/31/2011 the Commission seeking for renewal of
the collection expecting that this collection will likely be
modified by a final rule at a later date.
---------------------------------------------------------------------------
18 CFR 284.13(e) requires each interstate pipeline to file with the
Commission a report of storage activity. The Commission adopted the
existing semi-annual storage reporting requirements for interstate
pipelines in their current form in 1992 as part of Order No. 636, and
there have been only minor modifications in the semi-annual storage
reporting requirements since that date.
Natural gas production is relatively constant throughout the year,
while many uses of natural gas, residential space heating for example,
are seasonal. Natural gas storage plays a critical role in balancing
the seasonal demand with relatively constant supply, and the data
collected in the semi-annual storage report provides important
information about natural gas pipelines' ability to affect the prices
shippers can obtain from consumers.
Improved storage technology and the increased use of natural gas in
industry and electric generation have helped transform the storage
market since 1992. There has been a sharp increase in demand for
natural gas outside of the traditional winter months. Withdrawals and
injections, instead of occurring on a uniform annual schedule based on
heating needs, now occur dynamically year-round in response to market
forces.
Transportation by Interstate Pipelines
In 18 CFR 284.102(e) the Commission requires interstate pipelines
to obtain proper certification in order to ship natural gas on behalf
of intrastate pipelines and local distribution
[[Page 66921]]
companies (LDC). This certification consists of a letter from the
intrastate pipeline or LDC authorizing the intrastate pipeline to ship
gas on its behalf. In addition, interstate pipelines must obtain from
its shippers certifications including sufficient information to verify
that their services qualify under this section.
Rates and Charges for Intrastate Pipelines
18 CFR 284.123(b) provides that intrastate gas pipeline companies
file for Commission approval of rates for services performed in the
interstate transportation of gas. An intrastate gas pipeline company
may elect to use rates contained in one of its then effective
transportation rate schedules on file with an appropriate state
regulatory agency for intrastate service comparable to the interstate
service OR file proposed rates and supporting information showing the
rates are cost based and are fair and equitable. 150 days after the
application is filed the rate is deemed to be fair and equitable unless
the Commission either extends the time for action, institutes a
proceeding or issues an order providing for rates it deems to be fair
and equitable.
18 CFR 284.123(e) requires that within 30 days of commencement of
new service any intrastate pipeline engaging in the transportation of
gas in interstate commerce must file a statement that includes the
interstate rates and a description of how the pipeline will engage in
the transportation services, including operating conditions. If an
intrastate gas pipeline company changes its operations or rates it must
amend the statement on file with the Commission. Such amendment is to
be filed not later than 30 days after commencement of the change
operations or change in rate election.
Code of Conduct \2\
---------------------------------------------------------------------------
\2\ These code of conduct requirements were approved by OMB
originally in FERC-916 (OMB Control No. 224, current expiration date
is 9/30/2012) because there was another package related to the FERC-
549 under review at the time. These requirements are being moved to
the FERC-549 in an effort to decrease the administrative effort
involved in renewing data collections.
---------------------------------------------------------------------------
The Commission's regulations at 18 CFR 284.288 and 284.403 provide
that applicable sellers of natural gas adhere to a code of conduct when
making gas sales in order to protect the integrity of the market.
Related to the code of conduct, the Commission imposes a record
retention requirement on applicable sellers to ``retain, for a period
of five years, all data and information upon which it billed the prices
it charged for natural gas it sold pursuant to its market based sales
certificate or the prices it reported for use in price indices.'' FERC
uses these records to monitor the jurisdictional transportation
activities and unbundled sales activities of interstate natural gas
pipelines and blanket marketing certificate holders.
The record retention period of five years is necessary due to the
importance of records related to any investigation of possible
wrongdoing and related to assuring compliance with the codes of conduct
and the integrity of the market. The requirement is necessary to ensure
consistency with the rule prohibiting market manipulation (regulations
adopted in Order No. 670, implementing the EPAct 2005 anti-manipulation
provisions \3\) and the generally applicable five-year statute of
limitations where the Commission seeks civil penalties for violations
of the anti-manipulation rules or other rules, regulations, or orders
to which the price data may be relevant.
---------------------------------------------------------------------------
\3\ 18 CFR 1c.1 and 1c.2, 71 FR 4,244 (2006).
---------------------------------------------------------------------------
Failure to have this information available would mean the
Commission is unable to perform its regulatory functions and to monitor
and evaluate transactions and operations of interstate pipelines and
blanket marketing certificate holders.
Market-Based Rates for Storage
In 2006 the Commission amended its regulations to establish
criteria for obtaining market-based rates for storage services offered
under 18 CFR 284.501-505. First, the Commission modified its market-
power analysis to better reflect the competitive alternatives to
storage. Second, pursuant to the Energy Policy Act of 2005, the
Commission promulgated rules to implement section 4(f) of the Natural
Gas Act, to permit underground natural gas storage service providers
that are unable to show that they lack market power to negotiate
market-based rates in circumstances where market-based rates are in the
public interest and necessary to encourage the construction of the
storage capacity in the area needing storage services, and where
customers are adequately protected. These revisions are intended to
facilitate the development of new natural gas storage capacity while
protecting customers.
Action: The Commission is requesting a three-year extension of the
FERC-549 reporting requirements, with no changes.
Burden Statement: The estimated annual public reporting burden is
shown in the following table:
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\4\ The number of pipelines in eTariff that are subject to the
Natural Gas Act.
\5\ This figure is based on the burden hours estimated in Docket
No. RM09-2 (quarterly transportation and storage reports).
\6\ The number of respondents annually is assumed to be
approximately half of the number of interstate pipelines as
estimated under the semi-annual storage report category.
\7\ This is an estimate for the amount of time it requires to
complete a one page document, which is what is essentially required
by this part (one page from the shippers and one page from the
intrastate or LDC, equaling an estimated 2 times a year).
\8\ This figure is based on the number of filings under 18 CFR
part 284.123 filings over the past three years.
\9\ This figure is based on the assumption that the effort
required to make this revision to a tariff is approximately half of
the effort required to make a baseline tariff filing (as computed in
the Final Rule in Docket No. RM01-5) .
\10\ The estimates for this category come from the Commission's
most recent renewal pertaining to this requirement.
\11\ The estimates for this category are the same as were
submitted to OMB when these requirements were last modified (in the
Final Rule in Docket No. RM05-23).
(1) (2) (3) (1) x (2) x
(3)
----------------------------------------------------------------------------------------------------------------
Semi-Annual Storage Reports for Interstates \4\ 155 2 \5\ 12 3,720
284.13(e)......................................
Transportation by Interstate Pipelines \6\ 75 2 \7\ 3 450
284.102(e).....................................
Rates and Charges for Intrastate Pipelines \8\ 67 1 \9\ 12 804
284.123(b), (e)................................
Code of Conduct \10\ (recordkeeping) 284.288, 222 1 1 222
403............................................
Market-Based Rates \11\284.501-505.............. 2 1 350 700
---------------------------------------------------------------
Total....................................... .............. .............. .............. 5,846
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[[Page 66922]]
The total estimated annual cost burden to respondents is $339,068
(5,846 hours times $58/hour \12\).
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\12\ 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.
---------------------------------------------------------------------------
The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting or otherwise disclosing the
information.
The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology e.g. permitting electronic submission of
responses.
Dated: October 24, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-27953 Filed 10-27-11; 8:45 am]
BILLING CODE 6717-01-P
