Revision to Form No. 6, 59739-59745 [2012-23806]
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
PART 97—STANDARD INSTRUMENT
APPROACH PROCEDURES
2. Part 97 is amended to read as
follows:
■
■
§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33
and 97.35 [Amended]
Authority: 49 U.S.C. 106(g), 40103, 40106,
40113, 40114, 40120, 44502, 44514, 44701,
44719, 44721–44722.
By amending: § 97.23 VOR, VOR/
DME, VOR or TACAN, and VOR/DME
or TACAN; § 97.25 LOC, LOC/DME,
LDA, LDA/DME, SDF, SDF/DME;
1. The authority citation for part 97
continues to read as follows:
AIRAC date
State
City
Airport
FDC No.
59739
§ 97.27 NDB, NDB/DME; § 97.29 ILS,
ILS/DME, MLS, MLS/DME, MLS/RNAV;
§ 97.31 RADAR SIAPs; § 97.33 RNAV
SIAPs; and § 97.35 COPTER SIAPs,
Identified as follows:
* * *
Effective Upon Publication
FDC date
Subject
18–Oct–12 ...
18–Oct–12 ...
18–Oct–12 ...
IL
IL
IL
Chicago .................
Chicago .................
Chicago .................
Chicago O’hare Intl ...............
Chicago O’hare Intl ...............
Chicago O’hare Intl ...............
2/1131
2/3002
2/3003
09/04/12
09/04/12
09/04/12
18–Oct–12 ...
IL
Chicago .................
Chicago O’hare Intl ...............
2/3037
09/04/12
18–Oct–12 ...
TX
Laredo ...................
Laredo Intl .............................
2/5493
09/04/12
18–Oct–12
18–Oct–12
18–Oct–12
18–Oct–12
18–Oct–12
18–Oct–12
18–Oct–12
18–Oct–12
18–Oct–12
18–Oct–12
...
...
...
...
...
...
...
...
...
...
AR
AR
AR
AR
AR
SC
SC
SC
SC
MT
Springdale .............
Springdale .............
Springdale .............
Springdale .............
Springdale .............
Greenville ..............
Greenville ..............
Greenville ..............
Greenville ..............
Conrad ...................
Springdale Muni ....................
Springdale Muni ....................
Springdale Muni ....................
Springdale Muni ....................
Springdale Muni ....................
Donaldson Center .................
Donaldson Center .................
Donaldson Center .................
Donaldson Center .................
Conrad ...................................
2/5778
2/5782
2/5783
2/5784
2/5786
2/7340
2/7341
2/7342
2/7343
2/8277
09/04/12
09/04/12
09/04/12
09/04/12
09/04/12
09/04/12
09/04/12
09/04/12
09/04/12
09/04/12
18–Oct–12 ...
MN
International Falls ..
Falls Intl .................................
2/9577
09/04/12
18–Oct–12 ...
LA
Abbeville ................
2/9660
09/04/12
18–Oct–12 ...
LA
Abbeville ................
Abbeville Chris Crusta Memorial.
Abbeville Chris Crusta Memorial.
ILS OR LOC RWY 9R, Amdt 9B.
RNAV (GPS) RWY 9R, Amdt 2A.
RNAV (GPS) RWY 27L, Amdt
2A.
ILS OR LOC RWY 27L, ILS
RWY 27L (CAT II), ILS RWY
27L (CAT III), AMDT 28B.
RNAV (GPS) RWY 35L, AMDT
1.
ILS OR LOC RWY 18, Amdt 8A.
RNAV (GPS) RWY 18, Amdt 1A.
RNAV (GPS) RWY 36, Amdt 1.
VOR/DME RWY 36, AMDT 9A.
VOR RWY 18, Amdt 15A.
ILS OR LOC RWY 5, Amdt 5.
RNAV (GPS) RWY 23, Orig.
RNAV (GPS) RWY 5, Orig.
NDB RWY 5, Amdt 6.
TAKEOFF MINIMUMS AND (OBSTACLE) DP, Orig.
COPTER ILS OR LOC RWY 31,
Amdt 1A.
VOR/DME B, Amdt 3.
2/9661
09/04/12
VOR/DME A, Amdt 2.
6 to file within 90 days of the final
rule’s publication in the Federal
Register revised page 700 data
containing only interstate data for the
years 2009, 2010 and 2011.
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Revision to Form No. 6
Effective Date: This rule will
become effective December 31, 2012.
[FR Doc. 2012–23557 Filed 9–28–12; 8:45 am]
Issued September 20, 2012.
DATES:
Federal Energy Regulatory
Commission
FOR FURTHER INFORMATION CONTACT:
18 CFR Part 357
[Docket No. RM11–21–000; Order No. 767]
Revision to Form No. 6
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
AGENCY:
In this Final Rule, the Federal
Energy Regulatory Commission amends
the instructions on page 700 of FERC
Form No. 6 (Form 6) to ensure that oil
pipelines report interstate-only barrel
and barrel-mile data on lines (11) and
(12) of page 700 and not a combination
of interstate and intrastate throughput.
The Commission also directs pipelines
that reported combined interstate and
intrastate data in any field on lines (1)
through (12) of page 700 of their 2010
Form 6 or page 700 of their 2011 Form
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SUMMARY:
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Andrew Knudsen (Legal Information),
Office of the General Counsel, 888 First
Street NE., Washington, DC 20426, (202)
502–6527, Andrew.Knudsen@ferc.gov.
Michael Lacy (Technical Information),
Office of Energy Market Regulation, 888
First Street NE., Washington, DC 20426,
(202) 502–8843, Michael.Lacy@ferc.gov.
Brian Holmes (Technical Information),
Office of Enforcement, 888 First Street
NE., Washington, DC 20426, (202) 502–
6008, Brian.Holmes@ferc.gov.
SUPPLEMENTARY INFORMATION:
140 FERC ¶ 61,218
Before Commissioners: Jon Wellinghoff,
Chairman; Philip D. Moeller, John R.
Norris, Cheryl A. LaFleur, and Tony T.
Clark.
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[Docket No. RM11–21–000]
Order No. 767
Final Rule
1. In this Final Rule, the Commission
amends the instructions on page 700,
Annual Cost of Service Based Analysis
Schedule, of FERC Form No. 6, Annual
Report of Oil Pipeline Companies,
(Form 6) to ensure that oil pipelines
report interstate-only barrel and barrelmile data on lines (11) and (12) of page
700 and not a combination of interstate
and intrastate throughput.1 The
Commission also directs pipelines that
reported combined interstate and
intrastate data in any field on lines (1)
through (12) of page 700 of their 2010
Form 6 2 or their 2011 Form 6 3 to file
within 90 days of the final rule’s
publication in the Federal Register
1 Concurrent with the issuance of this Final Rule,
the Commission is proposing additional changes to
Page 700 of Form 6 in a Notice of Proposed
Rulemaking in Docket No. RM12–18–000.
2 Pipelines filed their 2010 FERC Form 6 on April
18, 2011.
3 Pipelines filed their 2011 FERC Form 6 on April
18, 2012.
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revised page 700 data containing only
interstate data for the years 2009, 2010,
and 2011.4
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I. Background
2. Page 700 of Form 6 serves as a
preliminary screening tool for shippers
to evaluate interstate pipeline rates
subject to the Commission’s
jurisdiction.5 Thus, in Order Nos. 620
and 620–A, the Commission clarified
that page 700 must include only
jurisdictional costs and jurisdictional
revenues (i.e. interstate costs and
interstate revenues) and not a
combination of jurisdictional and nonjurisdictional data.6 Page 700 contains
data for the current year and previous
year, which allows shippers and the
Commission to evaluate the pipeline’s
cost changes during the prior year.7
3. On July 29, 2011, the Commission
issued a Notice of Proposed Rulemaking
(NOPR) 8 proposing to modify the
instructions for line (11) 9 and line
(12) 10 of page 700 to specify that
pipelines must report only interstate
barrels and interstate barrel-miles, not a
combination of interstate and intrastate
throughput. The NOPR observed that
the current instructions on page 700 for
lines (11) and (12) may inadvertently
have caused some pipelines to report
barrel and barrel-mile throughput that
combines interstate and intrastate
data.11
4 2009 data will be reported in Column C of the
revised 2010 Form 6, page 700. 2010 data will be
reported in Column B of the revised 2010 Form 6,
page 700 and Column C of the revised 2011 Form
6, page 700. 2011 data will be reported in Column
B of the revised 2011 Form 6, page 700.
5 All jurisdictional pipelines are required to file
page 700, including pipelines exempt from filing
the full Form 6. 18 CFR §§ 357.2(a)(2) and (a)(3)
(2011).
6 Revisions to and Electronic Filing of the FERC
Form No. 6 and Related Uniform Systems of
Accounts, Order No. 620, FERC Stats. & Regs.
¶ 31,115, at 31,959, on reh’g, 94 FERC ¶ 61,130, at
61,498 (2001).
7 Page 700 of the 2010 Form 6 contains data for
2010 and 2009. Following the issuance of the
NOPR, pipelines filed the 2011 Form 6 on April 18,
2012, which contains page 700 data for 2011 and
2010.
8 Revision to Form No. 6, 76 FR 46668 (Aug. 3,
2011), FERC Stats. & Regs. ¶ 32,677 (2011) (NOPR).
9 Instruction number 4 on page 700 of the Form
6.
10 Instruction number 5 on page 700 of the Form
6.
11 Specifically, the instruction for line (12) on
page 700 directs pipelines to report the same barrelmile figures as those reported on line 33a of page
600 of the Form 6. Similarly, the instruction for line
(11) on page 700 directs pipelines to report the
same barrel figures as those reported on line 33b of
page 601 of the Form 6. Thus, the instructions on
page 700 specify that the throughput data reported
on page 700 is the same throughput data that is
reported on page 600–601. The instructions for page
600 direct pipelines to include ‘‘all oils received’’
by the pipeline, which consequently may have led
some filers to report combined interstate and
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4. In addition to modifying the
instructions for the page 700, the NOPR
further proposed to require any pipeline
that reported combined interstate and
intrastate data in lines (1) through (12)
on page 700 to file a revised page 700
of the 2010 Form 6 containing
interstate-only data for 2009 and 2010.
5. On April 18, 2012, following the
issuance of the NOPR and after the
filing of comments in this proceeding,
pipelines filed the 2011 Form 6, which
contains page 700 data for 2011 and
2010.
II. Comments
6. Comments on the NOPR were due
on October 3, 2011. Comments were
filed by Valero Marketing and Supply
Company (Valero); Air Transport
Association of America and the National
Propane Gas Association (ATA/NPGA);
Magellan Pipeline, L.P. (Magellan);
Association of Oil Pipelines (AOPL); 12
Enbridge Pipelines Inc.; and R. Gordon
Gooch (Mr. Gooch). AOPL, Valero and
Mr. Gooch filed reply comments, which
the Commission accepts as they assisted
our decision-making process.
III. Discussion
A. Clarification to Page 700 Requiring
That All Pipelines Report InterstateOnly Barrels and Barrel Miles
1. The NOPR
7. The NOPR proposed to modify the
instructions for line (11) and line (12) of
page 700 to specify that pipelines must
report only interstate barrels and
interstate barrel-miles and not a
combination of interstate and intrastate
throughput.
2. Comments
8. Valero, ATA/NPGA, and Mr. Gooch
support the clarification that pipelines
are to report on page 700 only interstate
barrels and barrel-miles. They state that
this change is consistent with the
purpose of page 700. Magellan also
states that it supports the proposal.
AOPL and Enbridge state that they do
not oppose the proposal to change the
instructions on page 700.
3. Discussion
9. The Commission adopts the
proposal to clarify that the barrel and
barrel-mile data reported on lines (11)
and (12) of page 700 must include
intrastate barrel-miles on lines (11) and (12) of page
700.
12 AOPL states that it is a nonprofit trade
association that represents the interests of common
carrier oil pipelines. AOPL states that its members
transport almost 85 percent of the crude oil and
refined petroleum products shipped through
pipelines in the United States.
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interstate-only data and may not
comingle interstate and intrastate data.
None of the parties oppose this change.
This modification will ensure that the
interstate-only revenues and costs
currently required to be reported on
page 700 are accompanied by interstateonly volumes.
B. Filing Revised Page 700
1. The NOPR
10. The NOPR proposed that
pipelines that reported combined
interstate and intrastate data in lines (1)
through (12) on page 700 should file a
corrected 2010 Form 6 page 700
containing interstate only data for 2009
and 2010.
2. Comments
i. Initial Comments
11. Valero, ATA/NPGA, and Mr.
Gooch support requiring pipelines that
included intrastate data in the page 700
on the 2010 Form 6 to file revised 2009
and 2010 data containing interstate-only
information. In addition, Valero and
ATA/NPGA request that the
Commission require pipelines to re-file
corrected page 700 going back to the
2005 Form 6. Valero, ATA/NPGA, and
Mr. Gooch state that once the
Commission has gathered the page 700
information, it should then re-evaluate
the appropriateness of the current oil
pipeline index 13 based upon the prior
years’ page 700 information. The current
index adjustment is the result of the
Commission’s recent five-year review of
the index conducted in 2010.14 Shipper
parties had proposed using page 700 in
the 2010 five-year review of the index
level and now claim that the
Commission rejected the use of the page
700 data only due to the interstate/
intrastate mismatch on page 700, which
is being remedied by this proceeding.
Valero argues that burden on pipelines
of re-filing data back to 2005 is likely to
be negligible. Extrapolating from the
cost estimates in the NOPR, Valero
asserts that re-filing corrected Form 6,
page 700 going back to 2005 would be
$171.10 for a pipeline that is re-filing all
five-years.
12. In contrast, AOPL, Magellan, and
Enbridge oppose requiring any pipeline
13 Under the index, an oil pipeline may change
its ceiling rates effective every July 1 by multiplying
the previous index year’s ceiling rates by the index
multiplier published by the Commission. The index
is currently set at the Producer Price Index for
Finished Goods (PPI–FG) plus an adjustment factor
of 2.65 percent.
14 Five-Year Review of Oil Pipeline Pricing Index,
133 FERC ¶ 61,228, at P 64–85 (2010) (2010 FiveYear Index Review), reh’g denied, 135 FERC ¶
61,172, at P 27–43 (2011) (2010 Five-Year Index
Review Rehearing).
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that comingled interstate and intrastate
costs to re-submit 2009 page 700 data.
AOPL and Magellan assert that there is
no compelling regulatory need for the
2009 data. AOPL argues that requiring
2009 data is a retroactive action that is
contrary to the precepts of
administrative law.15 These parties do
not raise objections to filing interstateonly 2010 data as part of the 2011 Form
6 to be filed on April 18, 2012.
13. Additionally, AOPL and Magellan
dispute the NOPR’s estimate that refiling 2009 and 2010 data will only be
one hour per filer. AOPL contends that
it can be difficult to determine whether
a movement is interstate or intrastate.
Similarly, Magellan states that until the
most recent 2010 Form 6 filed on April
18, 2011, Magellan filed comingled
interstate and intrastate throughput and
operating cost data on its page 700.
Based upon its own experience,
Magellan estimates that revisions to
2009 data for other pipelines would
require forty man-hours over a threeweek period involving multiple
personnel.
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ii. Reply Comments
14. In its reply comments, AOPL
asserts that Valero, ATA/NPGA, and Mr.
Gooch’s proposal to require re-filing of
page 700 data going back the 2005 Form
6 is an improper collateral attack on the
Commission’s decisions in the 2010
Five-Year Index Review. AOPL adds
that if the Commission considers using
page 700 to calculate the index in the
future, the Commission must address
the objections that were raised in the
last five-year review.16
15. Also in its reply comments, AOPL
reiterates its position that the request for
corrected 2009 data has not been
justified. AOPL contends that the
burden of recalculating the 2010 Form
6, page 700 data substantially exceeds
the one hour per filer estimated by the
NOPR. AOPL states that sorting out the
jurisdictional status of individual
pipeline movements and recalculating
the correct number of barrels and barrelmiles to each destination can be quite
time consuming. Responding to Valero,
ATA/NPGA, and Mr. Gooch, AOPL
states that the further back in time the
recalculation is required, the more
difficult the data is to reconstruct. AOPL
adds that there have been significant
changes in pipeline ownership and
15 AOPL Comments at 6 (citing Bowen v.
Georgetown Univ. Hospital, 488 U.S. 204, 208
(1988)).
16 AOPL Comments at 3 (citing Reply Comments
of the Association of Oil Pipe Lines at 30–37,
Docket No. RM10–25–000 (Sept. 20, 2010);
Response of the Association of Oil Pipe Lines at 19–
28, Docket No. RM10–25–000 (Oct. 20, 2010)).
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operations since 2005, making it more
difficult to reconstruct historic data.
16. In its reply comments, Valero
denies that its request is a collateral
attack on the 2010 Five-Year Index
Review. Valero emphasizes the
importance of the index level for
shipper costs. Citing the NOPR’s
estimate of a total cost of $11,362.70 to
correct the referenced reporting errors
for the years 2009 and 2010, Valero
asserts that requiring pipelines to file
corrected data for 2006, 2007, and 2008
would cost $35,000. Valero disputes
AOPL’s and Magellan’s claims regarding
burden of filing revised interstate-only
page 700 information. Valero observes
that only one pipeline (Magellan) raised
objections to the Commission’s burden
estimate. Valero states that pipelines
such as Magellan already report
intrastate and interstate revenue on page
301 of the Form 6. Thus, Valero
concludes that pipelines should be fully
aware of the corresponding interstate
and intrastate movements, barrels, and
barrel-miles, underlying these reported
revenue amounts. Valero notes that
pipelines are already required to report
interstate-only data for lines (1) through
(10).
3. Commission Determination
17. In the NOPR, the Commission
proposed to require any pipeline that
reported comingled interstate and
intrastate data on lines (1) through (12)
of the 2010 Form 6, page 700 to file
revised 2010 Form 6, page 700 data for
the years 2010 and 2009. In addition,
following the issuance of the NOPR and
after the filing of comments, pipelines
filed the 2011 Form 6 on April 18, 2012,
which contains page 700 data for 2011
and 2010.
18. Accordingly, the Commission
directs any pipeline that reported
combined interstate and intrastate data
in any field on lines (1) through (12) of
page 700 of its 2010 Form 6 or page 700
of its 2011 Form 6 to file revised page
700 data containing only interstate data
for the years 2009, 2010 and 2011.
19. This action ensures the
availability of complete interstate cost
per barrel-mile data consistent with the
Commission’s regulation of interstate oil
pipeline rates and the intent of page 700
to enable the Commission and shippers
to analyze interstate pipeline costs. For
example, the interstate-only information
for the year 2009, 2010 and 2011 will
provide the Commission with useful
information during the next five-year
review of the Commission’s index
level.17 In the recent 2010 Five-Year
17 Under the index, an oil pipeline may change
its ceiling rates effective every July 1 by multiplying
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59741
Index Review, parties urged the
Commission to modify its existing
practice and to use page 700 data to
calculate the oil pipeline index.18 The
Commission determined that it could
not use data from page 700 because the
page 700 instructions, which are being
corrected by this order, created a
‘‘mismatch between the page 700 total
cost-of-service, which includes only
interstate data, and the page 700
throughput data, which includes
interstate and intrastate data.’’ 19 Thus,
by collecting the interstate-only page
700 data for 2009, 2010 and 2011, as
directed by this order, the Commission
will have available complete page 700
data for the five-year (2009–2014)
period to use during the 2015 Five-Year
Index Review if deemed appropriate.20
20. The Commission will not require
pipelines to file revised page 700 data
for the years prior to 2009. The sole
purpose given by Valero, ATA/NPGA,
and Mr. Gooch for requesting this
information is to reconsider the
conclusions of the Commission’s 2010
Five-Year Index Review. The proposal
to revisit the indexing calculation is a
collateral attack on the recently
completed 2010 Five-Year Index
Review, which has been
administratively final as of the
Commission’s order on rehearing.21 A
request to further reconsider the
Commission’s indexing methodology
and to re-calculate the index level is
unnecessary given the scope of that
proceeding and the use of the
Commission’s established
methodology.22
21. In response to AOPL, Magellan,
and Enbridge, the Commission does not
view the re-filing requirement for the
the previous index year’s ceiling rates by the index
multiplier published by the Commission. The
Commission reviews the index level every five
years to determine whether it continues to track oil
pipeline cost changes and to revise the index level
if necessary. The Commission completed its most
recent review, establishing an index level to be
effective for the period July 1, 2011, through June
30, 2016, of the Producer Price Index for Finished
Goods (PPI–FG) plus an adjustment factor of 2.65
percent. 2010 Five-Year Index Review, 133 FERC
¶ 61,228, reh’g denied, 135 FERC ¶ 61,172.
18 The Commission has historically used data
from elsewhere on the Form 6, not the page 700.
Specifically the Commission has used data drawn
from the Form 6: Carrier Property, page 110;
Accrued Depreciation, page 111; Operating
Revenues and Operating Expenses, page 114; Crude
and Products Barrel-Miles, page 600. 2010 FiveYear Index Review, 133 FERC ¶ 61,228 at n.9.
19 2010 Five-Year Index Review, 133 FERC
¶ 61,228 at P 83.
20 In each five-year review, the Commission has
considered cost per barrel mile changes over the
prior five year period. E.g., 2010 Five-Year Index
Review, 133 FERC ¶ 61,228 at P 5.
21 2010 Five-Year Index Review Rehearing, 135
FERC ¶ 61,172.
22 Id. P 43.
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based upon a barrel-mile analysis. Thus,
Magellan states that it used this
methodology to allocate operating
expenses between interstate and
intrastate movements on a barrel-mile
basis.
24. The Commission will deny
Magellan’s request. We will not pass
judgment in this proceeding on past or
future page 700 submissions or the
methodologies used to separate
interstate from intrastate. The purpose
of this order is to modify the
instructions for lines (11) and (12) of
page 700 related to reporting barrels and
barrel-miles of throughput. In filing
page 700, pipelines are required to
follow the Commission’s cost-of-service
methodology. Magellan’s request for
clarification is further inapposite
because the Commission clarified a
decade ago in Order No. 620–A25 that
pipelines were only to report interstate
(as opposed to interstate and intrastate)
costs on lines (1) through (10) of page
700. To the extent that Magellan is
concerned that its system creates novel
circumstances, Magellan can seek
specific guidance from the Commission
or Commission Staff regarding the
particular allocation methodology that it
has adopted.
C. Magellan’s Request for Clarification
23. Magellan requests that the
Commission permit flexibility in the
methodology that pipelines adopt for
allocating intrastate and interstate cost
data in page 700. Magellan asserts that
it is not possible to precisely segregate
interstate cost data from intrastate cost
data in all instances. Thus, Magellan
asserts that a dual use pipeline will
need to develop its own methodology
for allocating such costs. Magellan states
that prior to the Form No. 6 it filed in
2010, Magellan included both interstate
and intrastate data on page 700.
Magellan states that to do so, it
developed and adopted a methodology
to allocate operating expenses between
interstate and intrastate movements
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2010 Form 6, page 700 and the 2011
Form 6, page 700 as creating an undue
burden. The Commission is not
persuaded that requiring pipelines to
file revised 2009, 2010 or 2011 interstate
only page 700 data will be as difficult
or costly as AOPL, Magellan, and
Enbridge suggest. This requirement will
only affect pipelines that filed
comingled interstate and intrastate data
on the page 700. Regarding cost and
revenue data, the Commission’s
directive does not impose an expense on
pipeline parties that is not already
embodied in existing Commission rules.
The Commission clarified over a decade
ago that cost and revenue information
reported on lines (1) through (10) of
page 700 data should include interstateonly data.23 No party disputes this.
22. Regarding the barrel and barrelmile data on lines (11) and (12),
Magellan and AOPL contend that it is
sometimes difficult to determine
whether a shipment is interstate or
intrastate. However, compliance with
the existing requirement for pipelines to
file only interstate costs and revenues
on lines (1) through (10) requires a
similar determination distinguishing
between interstate shipments and
intrastate shipments.24
D. Other Issues
23 In Order No. 620–A, the Commission stated:
The Commission never intended in the Final Rule
to have a pipeline report its non-jurisdictional costs
on page 700.* * * [W]e take this opportunity to
clarify Order No. 620 that the cost-of-service and
revenue data reported on page 700 will be the cost
of service and revenues related to FERC
jurisdictional services.
94 FERC at 61,498.
24 Page 301 of the Form 6 also requires pipelines
to separately identify interstate revenues and
intrastate revenues. Furthermore, under the
Interstate Commerce Act (ICA), carriers must charge
the correct rate on file for transportation service,
and shippers are required to provide accurate
information regarding the nature of their shipments
in order to ensure that the correct rate is charged,
which would include distinguishing interstate and
intrastate rates. See 49 app. U.S.C. 10.
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1. Comments
25. The parties raised multiple issues
related to other aspects of page 700 or
Form 6. Valero and ATA/NPGA contend
that revisions should be made to page
700 so that each pipeline and/or system
is separately reported on page 700.26
Valero and ATA/NPGA also argue that
pipelines should be required to provide
the workpapers supporting page 700 to
the shippers. ATA/NPGA also proposes
to require pipelines to file the entire
Form 6 before they can file for an index
rate increase.27
26. Parties also raised issues not
involving Form 6. ATA/NPGA further
asserts that the Commission should
change the interest rate applicable to
25 Order
No. 620–A, 94 FERC at 61,498.
page 700 data contains total
company data that is not broken down by pipeline
or system. Valero Comments at 16. For example,
Valero states that Mid-America Pipeline Company,
LLC, has three distinct and separate systems, each
with their own separate cost of service. Valero
states that without being able to evaluate the cost
of service for the specific segments at issue, it is
impossible for shippers to determine the
appropriateness or reasonableness of a particular
segment’s rates.
27 Currently, pipelines with operating revenues
less than $500,000 but more than $350,000 are only
required to file page 301, ‘‘Operating Revenues
Accounts (Account 600)’’ and page 700. 18 CFR
§ 357(a)(2) (2011). Pipelines with operating
revenues less than $350,000 must only file page
700. Id. § 357(a)(3).
26 Currently,
PO 00000
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Fmt 4700
Sfmt 4700
refunds and reparations. ATA/NPGA
and Mr. Gooch also raise issues related
to alleged over-recoveries by certain
pipelines. ATA/NPGA and Mr. Gooch
argue that pipelines showing overrecoveries on their Form No. 6 annual
report should be required to show cause
why their rates should not be
considered unjust and unreasonable.
Mr. Gooch also objects to the
Commission’s regulations and policies
regarding protests and complaints
against oil pipeline rates. Valero asserts
that the Commission should clarify that
shippers retain the right to challenge,
via protest or complaint, the 2011 index
rate increases for pipelines that have
filed deficient cost and revenue data on
page 700. Mr. Gooch also asks that the
Commission clarify precisely how
barrel-miles may be used to demonstrate
reasonable grounds to believe that the
rate increase is ‘‘substantially
divergent’’ from the costs so that the
resulting rates may not be just and
reasonable.
27. In its reply comments, AOPL
states that these comments are beyond
the scope. AOPL adds that the Shippers
have repeatedly raised and the
Commission has repeatedly rejected (a)
proposals to segregate Form 6 and page
700 data by pipeline system and (b)
require pipelines to file their page 700
workpapers with the Form 6.28 AOPL
states that nothing has changed since
the Commission last rejected these
proposals in 2008. Specifically
responding to Mr. Gooch’s comments
regarding pipeline over-recoveries,
AOPL states that shippers have the
option to file a complaint to the extent
that they are concerned with the level
of individual pipeline rates.
28. In his reply comments, Mr. Gooch
contends that his comments are not
beyond the scope because, he argues,
they are a constitutionally protected
petition for a redress of grievances. Mr.
Gooch also reiterates his comments
regarding alleged over-recoveries by
certain pipelines and asserts that it is
difficult to file complaints.
2. Commission Decision
29. These issues are beyond the scope
of this proceeding, which is limited to
a minor correction to the throughput
levels reported on page 700 and
obtaining corrected data for 2009, 2010,
and 2011. No party opposed the limited
change to page 700 that was actually
28 AOPL Reply Comments at 5 (citing Cost of
Service Reporting and Filing Requirements for Oil
Pipelines, Order No. 571, FERC Stats. & Regs. ¶
31,006, at 31,168–169 (1994); Order No. 620, FERC
Stats. & Regs. ¶ 31,115 at 31,959; Review of FERC
Form Nos. 6 and 6–Q, 125 FERC ¶ 61,308, at P 5–
9 (2008)).
E:\FR\FM\01OCR1.SGM
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
presented in the NOPR. Given the
limited nature of the NOPR, this
proceeding is not the appropriate forum
for considering additional changes to
FERC Form No. 6, such as the
segregation of data or changing
Commission policy to make available
pipeline cost-of-service workpapers.
Other issues, such as the Commission’s
policies regarding protests to pipeline
rates, are also not before the
Commission and will be addressed as
they arise in litigation.
IV. Information Collection Statement
30. The Commission’s estimate of the
additional Public Reporting Burden and
cost related to the final rule in Docket
RM11–21–000 follow. The Commission
recognizes that there will be a one-time
increased burden involved in the initial
implementation associated with: (a)
Using only interstate figures for lines 1–
12 of page 700, and (b) re-filing of
revised data for lines (1) through (12) of
page 700 for 2009, 2010, and 2011.
Given the time it takes to verify data and
file it with the Commission, we may
have underestimated the one hour
RM11–21, FERC Form 6
Implementation Burden (one-time); and Re-filing of Page 700, lines 1–12 for
2009–2010 (one-time) ..................................................................................
Total ..........................................................................................................
mstockstill on DSK4VPTVN1PROD with RULES
The additional one-time burden of
996 hours is being spread over the three
years for the purposes of submittal to
the Office of Management and Budget
(OMB), giving an average additional
annual burden of 332 hours.
Information Collection Costs: The
Commission seeks comments on the
costs and burden to comply with these
requirements.
Total additional one-time cost =
$68,733.96.
Title: FERC Form No. 6, Annual
Report of Oil Pipeline Companies.
Action: Revision to the FERC Form 6.
OMB Control No: 1902–0022.
Respondents: Public and non-public
utilities.
Frequency of Responses: Initial
implementation and one-time re-filing
of selected data for 2009, 2010, and
2011.
Necessity of the Information: This
action ensures the availability of
complete interstate cost per barrel-mile
data consistent with the Commission’s
regulation of interstate oil and
petroleum product pipeline rates and
the intent of page 700 to enable the
29 Based on an estimated average cost per
employee for 2012 (including salary plus benefits)
of $143,540, the estimated average hourly cost per
employee is $69.01. The average work year is 2,080
hours.
30 Although 166 pipelines file page 700, the
number of pipelines that must file corrected
information will likely be substantially less. Some
pipelines only transport interstate shipments and
thus would have reported only interstate data on
page 700. Other pipelines may have reported only
interstate data on lines (1)–(12) on page 700, and
these pipelines would not need to file additional
data.
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Jkt 226001
30 166
166
6
........................
Commission and shippers to analyze
interstate pipeline costs.
Internal review: The Commission has
reviewed the proposed changes and has
determined that the changes are
necessary. These requirements conform
to the Commission’s need for efficient
information collection, communication,
and management within the energy
industry. The Commission has assured
itself, by means of internal review, that
there is specific, objective support for
the burden estimates associated with the
information collection requirements.
31. Interested persons may obtain
information on the reporting
requirements by contacting: Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426
[Attention: Ellen Brown, Office of the
Executive Director, email:
DataClearance@ferc.gov, Phone: (202)
502–8663, fax: (202) 273–0873].
Comments on the requirements of this
rule may also be sent to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Washington, DC 20503 [Attention: Desk
Officer for the Federal Energy
Regulatory Commission]. For security
reasons, comments should be sent by
email to OMB at
oira_submission@omb.eop.gov. Please
reference OMB Control No. 1902–0022,
FERC–6 and the docket number of this
rulemaking in your submission.
V. Environmental Analysis
32. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
average per filer. Consequently we have
revised the average burden to four hours
for filing corrected 2009 and 2010 page
700 data. In this final rule, the
Commission is also seeking revised
2011 data. Thus, we estimate an
additional one-time burden of six hours
per filer for the combined
implementation and the re-filing of the
page 700 for the 2009, 2010, and 2011
data. For the recurring effort involved in
filing interstate data on lines (1) through
(12) of page 700 for 2012 and future
years, we estimate that the change in
burden is negligible (after the initial
implementation).
Estimated
additional
one-time
burden per
filer (Hr.)
Annual No.
of filers
59743
Total
estimated
additional
one-time
burden (Hr.)
996
996
Estimated
additional
one-time
cost per
filer ($) 29
$414.06
$68,733.96
significant adverse effect on the human
environment.31 The actions taken here
fall within categorical exclusions in the
Commission’s regulations for
information gathering, analysis, and
dissemination.32 Therefore, an
environmental assessment is
unnecessary and has not been prepared
in this rulemaking.
VI. Regulatory Flexibility Act
Certification
33. The Regulatory Flexibility Act of
1980 (RFA) requires agencies to prepare
certain statements, descriptions, and
analyses of proposed rules that will
have a significant economic impact on
a substantial number of small entities.33
Agencies are not required to make such
an analysis if a rule would not have
such an effect.
34. The Commission does not believe
that this rule will have an adverse
impact on small entities, nor will it
impose upon them any significant costs
of compliance. The Commission
identified 29 small entities as
respondents to the requirements in the
proposed rule.34 As explained above,
31 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 486 FR
1750 (Jan. 22, 1988), FERC Stats. & Regs. ¶ 30,783
(1987).
32 18 CFR § 380.4(a)(5).
33 5 U.S.C. 601–12.
34 The RFA definition of ‘‘small entity’’ refers to
the definition provided in the Small Business Act,
which defines a ‘‘small business concern’’ as a
business that is independently owned and operated
and that is not dominant in its field of operation.
15 U.S.C. 632. The Small Business Size Standards
component of the North American Industry
E:\FR\FM\01OCR1.SGM
Continued
01OCR1
59744
Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
the change to page 700 will not increase
the burden of preparing page 700.
Further, the time required to implement
changes and to file any necessary onetime revision of the page 700 data as
specified in this order is minimal (an
average of six hours per company). The
Commission does not estimate that there
are any other regulatory burdens
associated with this final rule. Thus, the
Commission certifies that the final rule
would not have a significant economic
impact on a substantial number of small
entities.
VII. Effective Date and Congressional
Notification
35. These regulations are effective
December 31, 2012. 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.
mstockstill on DSK4VPTVN1PROD with RULES
Classification System defines a small oil pipeline
company as one with less than 1,500 employees.
See 13 CFR 121, 201.
VerDate Mar<15>2010
18:00 Sep 28, 2012
Jkt 226001
VIII. Document Availability
36. 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 5:00 p.m. Eastern time) at 888 First
Street NE., Room 2A, Washington, DC
20426.
37. 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.
38. 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 email at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
8371, TTY (202) 502–8659. Email the
Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Kimberly D. Bose,
Secretary.
Note: Appendix A will not be published in
the Code of Federal Regulations.
Appendix A—Summary of Proposed
Changes to FERC Form 6, Page 700
Instruction 4 is revised to read as follows:
Enter on line 11, columns b and c, the
interstate throughput in barrels for the
current and previous calendar years.
Instruction 5 is revised to read as follows:
Enter on line 12, columns b and c, the
interstate throughput in barrel-miles for the
current and previous calendar years.
Line 11 is revised to read as follows:
Total Interstate Throughput in Barrels
Line 12 is revised to read as follows:
Total Interstate Throughput in Barrel-Miles
Note: Appendix B will not be published in
the Code of Federal Regulations.
Appendix B: Revised Page 700 to Form
6
E:\FR\FM\01OCR1.SGM
01OCR1
Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 375
[Docket No. RM12–20–000; Order No. 766]
Delegation of Authority Regarding
Electric Reliability Organization’s
Budget, Delegation Agreement, and
Policy and Procedure Filings
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
The Commission is issuing
this Final Rule to revise its delegations
of authority to align with an internal
Commission reorganization, which
reassigned certain responsibilities for
specific Electric Reliability Organization
(ERO) filings. In particular, this Final
Rule transfers delegated authority, from
SUMMARY:
VerDate Mar<15>2010
16:08 Sep 28, 2012
Jkt 226001
the Director of the Commission’s Office
of Electric Reliability to the Director of
the Commission’s Office of Energy
Market Regulation, to act on ERO filings
pertaining to ERO annual budgets, ERO
delegation agreements, and ERO
policies and procedures.
DATES: This rule is effective October 1,
2012.
FOR FURTHER INFORMATION CONTACT:
Christine A. Powell, Office of the
General Counsel, Federal Energy
Regulatory Commission, Room 104–04,
888 First Street NE., Washington, DC
20426, 202–502–6608.
SUPPLEMENTARY INFORMATION:
140 FERC ¶ 61,202
Before Commissioners: Jon Wellinghoff,
Chairman; Philip D. Moeller, John R.
Norris, Cheryl A. LaFleur, and Tony T.
Clark.
(Issued September 20, 2012)
I. Background
1. The Energy Policy Act of 2005
added section 215 to the Federal Power
Act (FPA), which requires a
Commission-certified Electric
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
Reliability Organization (ERO) to
develop mandatory and enforceable
Reliability Standards, subject to
Commission review and approval.1
Under this section, the ERO must,
among other things, ‘‘allocate equitably
reasonable dues, fees, and other charges
among end users for all activities under
this section,’’ 2 and the Commission also
must issue regulations authorizing the
ERO to enter into an agreement to
delegate authority to a Regional Entity if
the Regional Entity meets certain
conditions.3
2. In Order No. 672, the Commission
adopted regulations in accordance with
FPA sections 215(c)(2)(B) and 215(e)(4):
39.4, Funding of the Electric Reliability
Organization; 39.8, Delegation to a
Regional Entity; and 39.10, Changes to
an Electric Reliability Organization Rule
or Regional Entity Rule.4
3. Section 39.4 of the Commission’s
regulations requires the ERO to file with
1 16
U.S.C. 824o.
824o(c)(2)(B).
3 Id. 840o(e)(4).
4 Id.
2 Id.
E:\FR\FM\01OCR1.SGM
01OCR1
ER01OC12.010</GPH>
[FR Doc. 2012–23806 Filed 9–28–12; 8:45 am]
59745
]]>Agencies
[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59739-59745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23806]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 357
[Docket No. RM11-21-000; Order No. 767]
Revision to Form No. 6
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this Final Rule, the Federal Energy Regulatory Commission
amends the instructions on page 700 of FERC Form No. 6 (Form 6) to
ensure that oil pipelines report interstate-only barrel and barrel-mile
data on lines (11) and (12) of page 700 and not a combination of
interstate and intrastate throughput. The Commission also directs
pipelines that reported combined interstate and intrastate data in any
field on lines (1) through (12) of page 700 of their 2010 Form 6 or
page 700 of their 2011 Form 6 to file within 90 days of the final
rule's publication in the Federal Register revised page 700 data
containing only interstate data for the years 2009, 2010 and 2011.
DATES: Effective Date: This rule will become effective December 31,
2012.
FOR FURTHER INFORMATION CONTACT: Andrew Knudsen (Legal Information),
Office of the General Counsel, 888 First Street NE., Washington, DC
20426, (202) 502-6527, Andrew.Knudsen@ferc.gov. Michael Lacy (Technical
Information), Office of Energy Market Regulation, 888 First Street NE.,
Washington, DC 20426, (202) 502-8843, Michael.Lacy@ferc.gov. Brian
Holmes (Technical Information), Office of Enforcement, 888 First Street
NE., Washington, DC 20426, (202) 502-6008, Brian.Holmes@ferc.gov.
SUPPLEMENTARY INFORMATION:
140 FERC ] 61,218
Before Commissioners: Jon Wellinghoff, Chairman; Philip D. Moeller,
John R. Norris, Cheryl A. LaFleur, and Tony T. Clark.
Revision to Form No. 6
[Docket No. RM11-21-000]
Order No. 767
Final Rule
Issued September 20, 2012.
1. In this Final Rule, the Commission amends the instructions on
page 700, Annual Cost of Service Based Analysis Schedule, of FERC Form
No. 6, Annual Report of Oil Pipeline Companies, (Form 6) to ensure that
oil pipelines report interstate-only barrel and barrel-mile data on
lines (11) and (12) of page 700 and not a combination of interstate and
intrastate throughput.\1\ The Commission also directs pipelines that
reported combined interstate and intrastate data in any field on lines
(1) through (12) of page 700 of their 2010 Form 6 \2\ or their 2011
Form 6 \3\ to file within 90 days of the final rule's publication in
the Federal Register
[[Page 59740]]
revised page 700 data containing only interstate data for the years
2009, 2010, and 2011.\4\
---------------------------------------------------------------------------
\1\ Concurrent with the issuance of this Final Rule, the
Commission is proposing additional changes to Page 700 of Form 6 in
a Notice of Proposed Rulemaking in Docket No. RM12-18-000.
\2\ Pipelines filed their 2010 FERC Form 6 on April 18, 2011.
\3\ Pipelines filed their 2011 FERC Form 6 on April 18, 2012.
\4\ 2009 data will be reported in Column C of the revised 2010
Form 6, page 700. 2010 data will be reported in Column B of the
revised 2010 Form 6, page 700 and Column C of the revised 2011 Form
6, page 700. 2011 data will be reported in Column B of the revised
2011 Form 6, page 700.
---------------------------------------------------------------------------
I. Background
2. Page 700 of Form 6 serves as a preliminary screening tool for
shippers to evaluate interstate pipeline rates subject to the
Commission's jurisdiction.\5\ Thus, in Order Nos. 620 and 620-A, the
Commission clarified that page 700 must include only jurisdictional
costs and jurisdictional revenues (i.e. interstate costs and interstate
revenues) and not a combination of jurisdictional and non-
jurisdictional data.\6\ Page 700 contains data for the current year and
previous year, which allows shippers and the Commission to evaluate the
pipeline's cost changes during the prior year.\7\
---------------------------------------------------------------------------
\5\ All jurisdictional pipelines are required to file page 700,
including pipelines exempt from filing the full Form 6. 18 CFR
Sec. Sec. 357.2(a)(2) and (a)(3) (2011).
\6\ Revisions to and Electronic Filing of the FERC Form No. 6
and Related Uniform Systems of Accounts, Order No. 620, FERC Stats.
& Regs. ] 31,115, at 31,959, on reh'g, 94 FERC ] 61,130, at 61,498
(2001).
\7\ Page 700 of the 2010 Form 6 contains data for 2010 and 2009.
Following the issuance of the NOPR, pipelines filed the 2011 Form 6
on April 18, 2012, which contains page 700 data for 2011 and 2010.
---------------------------------------------------------------------------
3. On July 29, 2011, the Commission issued a Notice of Proposed
Rulemaking (NOPR) \8\ proposing to modify the instructions for line
(11) \9\ and line (12) \10\ of page 700 to specify that pipelines must
report only interstate barrels and interstate barrel-miles, not a
combination of interstate and intrastate throughput. The NOPR observed
that the current instructions on page 700 for lines (11) and (12) may
inadvertently have caused some pipelines to report barrel and barrel-
mile throughput that combines interstate and intrastate data.\11\
---------------------------------------------------------------------------
\8\ Revision to Form No. 6, 76 FR 46668 (Aug. 3, 2011), FERC
Stats. & Regs. ] 32,677 (2011) (NOPR).
\9\ Instruction number 4 on page 700 of the Form 6.
\10\ Instruction number 5 on page 700 of the Form 6.
\11\ Specifically, the instruction for line (12) on page 700
directs pipelines to report the same barrel-mile figures as those
reported on line 33a of page 600 of the Form 6. Similarly, the
instruction for line (11) on page 700 directs pipelines to report
the same barrel figures as those reported on line 33b of page 601 of
the Form 6. Thus, the instructions on page 700 specify that the
throughput data reported on page 700 is the same throughput data
that is reported on page 600-601. The instructions for page 600
direct pipelines to include ``all oils received'' by the pipeline,
which consequently may have led some filers to report combined
interstate and intrastate barrel-miles on lines (11) and (12) of
page 700.
---------------------------------------------------------------------------
4. In addition to modifying the instructions for the page 700, the
NOPR further proposed to require any pipeline that reported combined
interstate and intrastate data in lines (1) through (12) on page 700 to
file a revised page 700 of the 2010 Form 6 containing interstate-only
data for 2009 and 2010.
5. On April 18, 2012, following the issuance of the NOPR and after
the filing of comments in this proceeding, pipelines filed the 2011
Form 6, which contains page 700 data for 2011 and 2010.
II. Comments
6. Comments on the NOPR were due on October 3, 2011. Comments were
filed by Valero Marketing and Supply Company (Valero); Air Transport
Association of America and the National Propane Gas Association (ATA/
NPGA); Magellan Pipeline, L.P. (Magellan); Association of Oil Pipelines
(AOPL); \12\ Enbridge Pipelines Inc.; and R. Gordon Gooch (Mr. Gooch).
AOPL, Valero and Mr. Gooch filed reply comments, which the Commission
accepts as they assisted our decision-making process.
---------------------------------------------------------------------------
\12\ AOPL states that it is a nonprofit trade association that
represents the interests of common carrier oil pipelines. AOPL
states that its members transport almost 85 percent of the crude oil
and refined petroleum products shipped through pipelines in the
United States.
---------------------------------------------------------------------------
III. Discussion
A. Clarification to Page 700 Requiring That All Pipelines Report
Interstate-Only Barrels and Barrel Miles
1. The NOPR
7. The NOPR proposed to modify the instructions for line (11) and
line (12) of page 700 to specify that pipelines must report only
interstate barrels and interstate barrel-miles and not a combination of
interstate and intrastate throughput.
2. Comments
8. Valero, ATA/NPGA, and Mr. Gooch support the clarification that
pipelines are to report on page 700 only interstate barrels and barrel-
miles. They state that this change is consistent with the purpose of
page 700. Magellan also states that it supports the proposal. AOPL and
Enbridge state that they do not oppose the proposal to change the
instructions on page 700.
3. Discussion
9. The Commission adopts the proposal to clarify that the barrel
and barrel-mile data reported on lines (11) and (12) of page 700 must
include interstate-only data and may not comingle interstate and
intrastate data. None of the parties oppose this change. This
modification will ensure that the interstate-only revenues and costs
currently required to be reported on page 700 are accompanied by
interstate-only volumes.
B. Filing Revised Page 700
1. The NOPR
10. The NOPR proposed that pipelines that reported combined
interstate and intrastate data in lines (1) through (12) on page 700
should file a corrected 2010 Form 6 page 700 containing interstate only
data for 2009 and 2010.
2. Comments
i. Initial Comments
11. Valero, ATA/NPGA, and Mr. Gooch support requiring pipelines
that included intrastate data in the page 700 on the 2010 Form 6 to
file revised 2009 and 2010 data containing interstate-only information.
In addition, Valero and ATA/NPGA request that the Commission require
pipelines to re-file corrected page 700 going back to the 2005 Form 6.
Valero, ATA/NPGA, and Mr. Gooch state that once the Commission has
gathered the page 700 information, it should then re-evaluate the
appropriateness of the current oil pipeline index \13\ based upon the
prior years' page 700 information. The current index adjustment is the
result of the Commission's recent five-year review of the index
conducted in 2010.\14\ Shipper parties had proposed using page 700 in
the 2010 five-year review of the index level and now claim that the
Commission rejected the use of the page 700 data only due to the
interstate/intrastate mismatch on page 700, which is being remedied by
this proceeding. Valero argues that burden on pipelines of re-filing
data back to 2005 is likely to be negligible. Extrapolating from the
cost estimates in the NOPR, Valero asserts that re-filing corrected
Form 6, page 700 going back to 2005 would be $171.10 for a pipeline
that is re-filing all five-years.
---------------------------------------------------------------------------
\13\ Under the index, an oil pipeline may change its ceiling
rates effective every July 1 by multiplying the previous index
year's ceiling rates by the index multiplier published by the
Commission. The index is currently set at the Producer Price Index
for Finished Goods (PPI-FG) plus an adjustment factor of 2.65
percent.
\14\ Five-Year Review of Oil Pipeline Pricing Index, 133 FERC ]
61,228, at P 64-85 (2010) (2010 Five-Year Index Review), reh'g
denied, 135 FERC ] 61,172, at P 27-43 (2011) (2010 Five-Year Index
Review Rehearing).
---------------------------------------------------------------------------
12. In contrast, AOPL, Magellan, and Enbridge oppose requiring any
pipeline
[[Page 59741]]
that comingled interstate and intrastate costs to re-submit 2009 page
700 data. AOPL and Magellan assert that there is no compelling
regulatory need for the 2009 data. AOPL argues that requiring 2009 data
is a retroactive action that is contrary to the precepts of
administrative law.\15\ These parties do not raise objections to filing
interstate-only 2010 data as part of the 2011 Form 6 to be filed on
April 18, 2012.
---------------------------------------------------------------------------
\15\ AOPL Comments at 6 (citing Bowen v. Georgetown Univ.
Hospital, 488 U.S. 204, 208 (1988)).
---------------------------------------------------------------------------
13. Additionally, AOPL and Magellan dispute the NOPR's estimate
that re-filing 2009 and 2010 data will only be one hour per filer. AOPL
contends that it can be difficult to determine whether a movement is
interstate or intrastate. Similarly, Magellan states that until the
most recent 2010 Form 6 filed on April 18, 2011, Magellan filed
comingled interstate and intrastate throughput and operating cost data
on its page 700. Based upon its own experience, Magellan estimates that
revisions to 2009 data for other pipelines would require forty man-
hours over a three-week period involving multiple personnel.
ii. Reply Comments
14. In its reply comments, AOPL asserts that Valero, ATA/NPGA, and
Mr. Gooch's proposal to require re-filing of page 700 data going back
the 2005 Form 6 is an improper collateral attack on the Commission's
decisions in the 2010 Five-Year Index Review. AOPL adds that if the
Commission considers using page 700 to calculate the index in the
future, the Commission must address the objections that were raised in
the last five-year review.\16\
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\16\ AOPL Comments at 3 (citing Reply Comments of the
Association of Oil Pipe Lines at 30-37, Docket No. RM10-25-000
(Sept. 20, 2010); Response of the Association of Oil Pipe Lines at
19-28, Docket No. RM10-25-000 (Oct. 20, 2010)).
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15. Also in its reply comments, AOPL reiterates its position that
the request for corrected 2009 data has not been justified. AOPL
contends that the burden of recalculating the 2010 Form 6, page 700
data substantially exceeds the one hour per filer estimated by the
NOPR. AOPL states that sorting out the jurisdictional status of
individual pipeline movements and recalculating the correct number of
barrels and barrel-miles to each destination can be quite time
consuming. Responding to Valero, ATA/NPGA, and Mr. Gooch, AOPL states
that the further back in time the recalculation is required, the more
difficult the data is to reconstruct. AOPL adds that there have been
significant changes in pipeline ownership and operations since 2005,
making it more difficult to reconstruct historic data.
16. In its reply comments, Valero denies that its request is a
collateral attack on the 2010 Five-Year Index Review. Valero emphasizes
the importance of the index level for shipper costs. Citing the NOPR's
estimate of a total cost of $11,362.70 to correct the referenced
reporting errors for the years 2009 and 2010, Valero asserts that
requiring pipelines to file corrected data for 2006, 2007, and 2008
would cost $35,000. Valero disputes AOPL's and Magellan's claims
regarding burden of filing revised interstate-only page 700
information. Valero observes that only one pipeline (Magellan) raised
objections to the Commission's burden estimate. Valero states that
pipelines such as Magellan already report intrastate and interstate
revenue on page 301 of the Form 6. Thus, Valero concludes that
pipelines should be fully aware of the corresponding interstate and
intrastate movements, barrels, and barrel-miles, underlying these
reported revenue amounts. Valero notes that pipelines are already
required to report interstate-only data for lines (1) through (10).
3. Commission Determination
17. In the NOPR, the Commission proposed to require any pipeline
that reported comingled interstate and intrastate data on lines (1)
through (12) of the 2010 Form 6, page 700 to file revised 2010 Form 6,
page 700 data for the years 2010 and 2009. In addition, following the
issuance of the NOPR and after the filing of comments, pipelines filed
the 2011 Form 6 on April 18, 2012, which contains page 700 data for
2011 and 2010.
18. Accordingly, the Commission directs any pipeline that reported
combined interstate and intrastate data in any field on lines (1)
through (12) of page 700 of its 2010 Form 6 or page 700 of its 2011
Form 6 to file revised page 700 data containing only interstate data
for the years 2009, 2010 and 2011.
19. This action ensures the availability of complete interstate
cost per barrel-mile data consistent with the Commission's regulation
of interstate oil pipeline rates and the intent of page 700 to enable
the Commission and shippers to analyze interstate pipeline costs. For
example, the interstate-only information for the year 2009, 2010 and
2011 will provide the Commission with useful information during the
next five-year review of the Commission's index level.\17\ In the
recent 2010 Five-Year Index Review, parties urged the Commission to
modify its existing practice and to use page 700 data to calculate the
oil pipeline index.\18\ The Commission determined that it could not use
data from page 700 because the page 700 instructions, which are being
corrected by this order, created a ``mismatch between the page 700
total cost-of-service, which includes only interstate data, and the
page 700 throughput data, which includes interstate and intrastate
data.'' \19\ Thus, by collecting the interstate-only page 700 data for
2009, 2010 and 2011, as directed by this order, the Commission will
have available complete page 700 data for the five-year (2009-2014)
period to use during the 2015 Five-Year Index Review if deemed
appropriate.\20\
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\17\ Under the index, an oil pipeline may change its ceiling
rates effective every July 1 by multiplying the previous index
year's ceiling rates by the index multiplier published by the
Commission. The Commission reviews the index level every five years
to determine whether it continues to track oil pipeline cost changes
and to revise the index level if necessary. The Commission completed
its most recent review, establishing an index level to be effective
for the period July 1, 2011, through June 30, 2016, of the Producer
Price Index for Finished Goods (PPI-FG) plus an adjustment factor of
2.65 percent. 2010 Five-Year Index Review, 133 FERC ] 61,228, reh'g
denied, 135 FERC ] 61,172.
\18\ The Commission has historically used data from elsewhere on
the Form 6, not the page 700. Specifically the Commission has used
data drawn from the Form 6: Carrier Property, page 110; Accrued
Depreciation, page 111; Operating Revenues and Operating Expenses,
page 114; Crude and Products Barrel-Miles, page 600. 2010 Five-Year
Index Review, 133 FERC ] 61,228 at n.9.
\19\ 2010 Five-Year Index Review, 133 FERC ] 61,228 at P 83.
\20\ In each five-year review, the Commission has considered
cost per barrel mile changes over the prior five year period. E.g.,
2010 Five-Year Index Review, 133 FERC ] 61,228 at P 5.
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20. The Commission will not require pipelines to file revised page
700 data for the years prior to 2009. The sole purpose given by Valero,
ATA/NPGA, and Mr. Gooch for requesting this information is to
reconsider the conclusions of the Commission's 2010 Five-Year Index
Review. The proposal to revisit the indexing calculation is a
collateral attack on the recently completed 2010 Five-Year Index
Review, which has been administratively final as of the Commission's
order on rehearing.\21\ A request to further reconsider the
Commission's indexing methodology and to re-calculate the index level
is unnecessary given the scope of that proceeding and the use of the
Commission's established methodology.\22\
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\21\ 2010 Five-Year Index Review Rehearing, 135 FERC ] 61,172.
\22\ Id. P 43.
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21. In response to AOPL, Magellan, and Enbridge, the Commission
does not view the re-filing requirement for the
[[Page 59742]]
2010 Form 6, page 700 and the 2011 Form 6, page 700 as creating an
undue burden. The Commission is not persuaded that requiring pipelines
to file revised 2009, 2010 or 2011 interstate only page 700 data will
be as difficult or costly as AOPL, Magellan, and Enbridge suggest. This
requirement will only affect pipelines that filed comingled interstate
and intrastate data on the page 700. Regarding cost and revenue data,
the Commission's directive does not impose an expense on pipeline
parties that is not already embodied in existing Commission rules. The
Commission clarified over a decade ago that cost and revenue
information reported on lines (1) through (10) of page 700 data should
include interstate-only data.\23\ No party disputes this.
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\23\ In Order No. 620-A, the Commission stated:
The Commission never intended in the Final Rule to have a
pipeline report its non-jurisdictional costs on page 700.* * * [W]e
take this opportunity to clarify Order No. 620 that the cost-of-
service and revenue data reported on page 700 will be the cost of
service and revenues related to FERC jurisdictional services.
94 FERC at 61,498.
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22. Regarding the barrel and barrel-mile data on lines (11) and
(12), Magellan and AOPL contend that it is sometimes difficult to
determine whether a shipment is interstate or intrastate. However,
compliance with the existing requirement for pipelines to file only
interstate costs and revenues on lines (1) through (10) requires a
similar determination distinguishing between interstate shipments and
intrastate shipments.\24\
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\24\ Page 301 of the Form 6 also requires pipelines to
separately identify interstate revenues and intrastate revenues.
Furthermore, under the Interstate Commerce Act (ICA), carriers must
charge the correct rate on file for transportation service, and
shippers are required to provide accurate information regarding the
nature of their shipments in order to ensure that the correct rate
is charged, which would include distinguishing interstate and
intrastate rates. See 49 app. U.S.C. 10.
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C. Magellan's Request for Clarification
23. Magellan requests that the Commission permit flexibility in the
methodology that pipelines adopt for allocating intrastate and
interstate cost data in page 700. Magellan asserts that it is not
possible to precisely segregate interstate cost data from intrastate
cost data in all instances. Thus, Magellan asserts that a dual use
pipeline will need to develop its own methodology for allocating such
costs. Magellan states that prior to the Form No. 6 it filed in 2010,
Magellan included both interstate and intrastate data on page 700.
Magellan states that to do so, it developed and adopted a methodology
to allocate operating expenses between interstate and intrastate
movements based upon a barrel-mile analysis. Thus, Magellan states that
it used this methodology to allocate operating expenses between
interstate and intrastate movements on a barrel-mile basis.
24. The Commission will deny Magellan's request. We will not pass
judgment in this proceeding on past or future page 700 submissions or
the methodologies used to separate interstate from intrastate. The
purpose of this order is to modify the instructions for lines (11) and
(12) of page 700 related to reporting barrels and barrel-miles of
throughput. In filing page 700, pipelines are required to follow the
Commission's cost-of-service methodology. Magellan's request for
clarification is further inapposite because the Commission clarified a
decade ago in Order No. 620-A\25\ that pipelines were only to report
interstate (as opposed to interstate and intrastate) costs on lines (1)
through (10) of page 700. To the extent that Magellan is concerned that
its system creates novel circumstances, Magellan can seek specific
guidance from the Commission or Commission Staff regarding the
particular allocation methodology that it has adopted.
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\25\ Order No. 620-A, 94 FERC at 61,498.
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D. Other Issues
1. Comments
25. The parties raised multiple issues related to other aspects of
page 700 or Form 6. Valero and ATA/NPGA contend that revisions should
be made to page 700 so that each pipeline and/or system is separately
reported on page 700.\26\ Valero and ATA/NPGA also argue that pipelines
should be required to provide the workpapers supporting page 700 to the
shippers. ATA/NPGA also proposes to require pipelines to file the
entire Form 6 before they can file for an index rate increase.\27\
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\26\ Currently, page 700 data contains total company data that
is not broken down by pipeline or system. Valero Comments at 16. For
example, Valero states that Mid-America Pipeline Company, LLC, has
three distinct and separate systems, each with their own separate
cost of service. Valero states that without being able to evaluate
the cost of service for the specific segments at issue, it is
impossible for shippers to determine the appropriateness or
reasonableness of a particular segment's rates.
\27\ Currently, pipelines with operating revenues less than
$500,000 but more than $350,000 are only required to file page 301,
``Operating Revenues Accounts (Account 600)'' and page 700. 18 CFR
Sec. 357(a)(2) (2011). Pipelines with operating revenues less than
$350,000 must only file page 700. Id. Sec. 357(a)(3).
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26. Parties also raised issues not involving Form 6. ATA/NPGA
further asserts that the Commission should change the interest rate
applicable to refunds and reparations. ATA/NPGA and Mr. Gooch also
raise issues related to alleged over-recoveries by certain pipelines.
ATA/NPGA and Mr. Gooch argue that pipelines showing over-recoveries on
their Form No. 6 annual report should be required to show cause why
their rates should not be considered unjust and unreasonable. Mr. Gooch
also objects to the Commission's regulations and policies regarding
protests and complaints against oil pipeline rates. Valero asserts that
the Commission should clarify that shippers retain the right to
challenge, via protest or complaint, the 2011 index rate increases for
pipelines that have filed deficient cost and revenue data on page 700.
Mr. Gooch also asks that the Commission clarify precisely how barrel-
miles may be used to demonstrate reasonable grounds to believe that the
rate increase is ``substantially divergent'' from the costs so that the
resulting rates may not be just and reasonable.
27. In its reply comments, AOPL states that these comments are
beyond the scope. AOPL adds that the Shippers have repeatedly raised
and the Commission has repeatedly rejected (a) proposals to segregate
Form 6 and page 700 data by pipeline system and (b) require pipelines
to file their page 700 workpapers with the Form 6.\28\ AOPL states that
nothing has changed since the Commission last rejected these proposals
in 2008. Specifically responding to Mr. Gooch's comments regarding
pipeline over-recoveries, AOPL states that shippers have the option to
file a complaint to the extent that they are concerned with the level
of individual pipeline rates.
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\28\ AOPL Reply Comments at 5 (citing Cost of Service Reporting
and Filing Requirements for Oil Pipelines, Order No. 571, FERC
Stats. & Regs. ] 31,006, at 31,168-169 (1994); Order No. 620, FERC
Stats. & Regs. ] 31,115 at 31,959; Review of FERC Form Nos. 6 and 6-
Q, 125 FERC ] 61,308, at P 5-9 (2008)).
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28. In his reply comments, Mr. Gooch contends that his comments are
not beyond the scope because, he argues, they are a constitutionally
protected petition for a redress of grievances. Mr. Gooch also
reiterates his comments regarding alleged over-recoveries by certain
pipelines and asserts that it is difficult to file complaints.
2. Commission Decision
29. These issues are beyond the scope of this proceeding, which is
limited to a minor correction to the throughput levels reported on page
700 and obtaining corrected data for 2009, 2010, and 2011. No party
opposed the limited change to page 700 that was actually
[[Page 59743]]
presented in the NOPR. Given the limited nature of the NOPR, this
proceeding is not the appropriate forum for considering additional
changes to FERC Form No. 6, such as the segregation of data or changing
Commission policy to make available pipeline cost-of-service
workpapers. Other issues, such as the Commission's policies regarding
protests to pipeline rates, are also not before the Commission and will
be addressed as they arise in litigation.
IV. Information Collection Statement
30. The Commission's estimate of the additional Public Reporting
Burden and cost related to the final rule in Docket RM11-21-000 follow.
The Commission recognizes that there will be a one-time increased
burden involved in the initial implementation associated with: (a)
Using only interstate figures for lines 1-12 of page 700, and (b) re-
filing of revised data for lines (1) through (12) of page 700 for 2009,
2010, and 2011. Given the time it takes to verify data and file it with
the Commission, we may have underestimated the one hour average per
filer. Consequently we have revised the average burden to four hours
for filing corrected 2009 and 2010 page 700 data. In this final rule,
the Commission is also seeking revised 2011 data. Thus, we estimate an
additional one-time burden of six hours per filer for the combined
implementation and the re-filing of the page 700 for the 2009, 2010,
and 2011 data. For the recurring effort involved in filing interstate
data on lines (1) through (12) of page 700 for 2012 and future years,
we estimate that the change in burden is negligible (after the initial
implementation).
----------------------------------------------------------------------------------------------------------------
Estimated Total Estimated
additional estimated additional
RM11-21, FERC Form 6 Annual No. of one-time additional one-time cost
filers burden per one-time per filer ($)
filer (Hr.) burden (Hr.) \29\
----------------------------------------------------------------------------------------------------------------
Implementation Burden (one-time); and Re-filing \30\ 166 6 996 $414.06
of Page 700, lines 1-12 for 2009-2010 (one-
time)..........................................
Total....................................... 166 .............. 996 $68,733.96
----------------------------------------------------------------------------------------------------------------
The additional one-time burden of 996 hours is being spread over
the three years for the purposes of submittal to the Office of
Management and Budget (OMB), giving an average additional annual burden
of 332 hours.
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\29\ Based on an estimated average cost per employee for 2012
(including salary plus benefits) of $143,540, the estimated average
hourly cost per employee is $69.01. The average work year is 2,080
hours.
\30\ Although 166 pipelines file page 700, the number of
pipelines that must file corrected information will likely be
substantially less. Some pipelines only transport interstate
shipments and thus would have reported only interstate data on page
700. Other pipelines may have reported only interstate data on lines
(1)-(12) on page 700, and these pipelines would not need to file
additional data.
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Information Collection Costs: The Commission seeks comments on the
costs and burden to comply with these requirements.
Total additional one-time cost = $68,733.96.
Title: FERC Form No. 6, Annual Report of Oil Pipeline Companies.
Action: Revision to the FERC Form 6.
OMB Control No: 1902-0022.
Respondents: Public and non-public utilities.
Frequency of Responses: Initial implementation and one-time re-
filing of selected data for 2009, 2010, and 2011.
Necessity of the Information: This action ensures the availability
of complete interstate cost per barrel-mile data consistent with the
Commission's regulation of interstate oil and petroleum product
pipeline rates and the intent of page 700 to enable the Commission and
shippers to analyze interstate pipeline costs.
Internal review: The Commission has reviewed the proposed changes
and has determined that the changes are necessary. These requirements
conform to the Commission's need for efficient information collection,
communication, and management within the energy industry. The
Commission has assured itself, by means of internal review, that there
is specific, objective support for the burden estimates associated with
the information collection requirements.
31. Interested persons may obtain information on the reporting
requirements by contacting: Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426 [Attention: Ellen Brown, Office
of the Executive Director, email: DataClearance@ferc.gov, Phone: (202)
502-8663, fax: (202) 273-0873]. Comments on the requirements of this
rule may also be sent to the Office of Information and Regulatory
Affairs, Office of Management and Budget, Washington, DC 20503
[Attention: Desk Officer for the Federal Energy Regulatory Commission].
For security reasons, comments should be sent by email to OMB at oira_submission@omb.eop.gov. Please reference OMB Control No. 1902-0022,
FERC-6 and the docket number of this rulemaking in your submission.
V. Environmental Analysis
32. 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.\31\ The
actions taken here fall within categorical exclusions in the
Commission's regulations for information gathering, analysis, and
dissemination.\32\ Therefore, an environmental assessment is
unnecessary and has not been prepared in this rulemaking.
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\31\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 486 FR 1750 (Jan. 22, 1988), FERC Stats. & Regs.
] 30,783 (1987).
\32\ 18 CFR Sec. 380.4(a)(5).
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VI. Regulatory Flexibility Act Certification
33. The Regulatory Flexibility Act of 1980 (RFA) requires agencies
to prepare certain statements, descriptions, and analyses of proposed
rules that will have a significant economic impact on a substantial
number of small entities.\33\ Agencies are not required to make such an
analysis if a rule would not have such an effect.
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\33\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------
34. The Commission does not believe that this rule will have an
adverse impact on small entities, nor will it impose upon them any
significant costs of compliance. The Commission identified 29 small
entities as respondents to the requirements in the proposed rule.\34\
As explained above,
[[Page 59744]]
the change to page 700 will not increase the burden of preparing page
700. Further, the time required to implement changes and to file any
necessary one-time revision of the page 700 data as specified in this
order is minimal (an average of six hours per company). The Commission
does not estimate that there are any other regulatory burdens
associated with this final rule. Thus, the Commission certifies that
the final rule would not have a significant economic impact on a
substantial number of small entities.
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\34\ The RFA definition of ``small entity'' refers to the
definition provided in the Small Business Act, which defines a
``small business concern'' as a business that is independently owned
and operated and that is not dominant in its field of operation. 15
U.S.C. 632. The Small Business Size Standards component of the North
American Industry Classification System defines a small oil pipeline
company as one with less than 1,500 employees. See 13 CFR 121, 201.
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VII. Effective Date and Congressional Notification
35. These regulations are effective December 31, 2012. 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.
VIII. Document Availability
36. 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 5:00
p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC
20426.
37. 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.
38. 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 email at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Kimberly D. Bose,
Secretary.
Note: Appendix A will not be published in the Code of Federal
Regulations.
Appendix A--Summary of Proposed Changes to FERC Form 6, Page 700
Instruction 4 is revised to read as follows:
Enter on line 11, columns b and c, the interstate throughput in
barrels for the current and previous calendar years.
Instruction 5 is revised to read as follows:
Enter on line 12, columns b and c, the interstate throughput in
barrel-miles for the current and previous calendar years.
Line 11 is revised to read as follows:
Total Interstate Throughput in Barrels
Line 12 is revised to read as follows:
Total Interstate Throughput in Barrel-Miles
Note: Appendix B will not be published in the Code of Federal
Regulations.
Appendix B: Revised Page 700 to Form 6
[[Page 59745]]
[GRAPHIC] [TIFF OMITTED] TR01OC12.010
[FR Doc. 2012-23806 Filed 9-28-12; 8:45 am]
BILLING CODE 6717-01-P
