Standards for Business Practices of Interstate Natural Gas Pipelines, 43979-43987 [2015-17921]
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43979
Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules
(s) New One-Time Surface HFEC Inspections
Do a surface HFEC inspection of the
tension tie center section, for cracking in the
forward and aft tension tie channels between
STA 1120 through 1220, in accordance with
Part 4 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 747–53A2559,
Revision 2, dated May 13, 2014. Do the
inspection at the applicable time specified in
Table 1 or Table 3 of paragraph 1.E,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 747–53A2559, Revision 2, dated
May 13, 2014, except where paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 747–53A2559, Revision 2, dated
May 13, 2014, specifies a compliance time
relative to ‘‘the Revision 2 date of this service
bulletin,’’ this AD requires compliance
within the specified compliance time after
the effective date of this AD. If any crack is
found, before further flight, repair the crack
using a method approved in accordance with
the procedures specified in paragraph (t) of
this AD.
(t) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (u)(1) of this AD. Information may
be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) AMOCs approved previously for AD
2012–15–13, Amendment 39–17142 (77 FR
47267, August 8, 2012), are approved as
AMOCs for the corresponding provisions of
this AD.
(u) Related Information
(1) For more information about this AD,
contact Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
phone: 425–917–6432; fax: 425–917–6590;
email: bill.ashforth@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, 3855 Lakewood Boulevard, MC
D800–0019, Long Beach, CA 90846–0001;
telephone 206–544–5000, extension 2; fax
206–766–5683; Internet https://
www.myboeingfleet.com. You may view this
referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information
on the availability of this material at the
FAA, call 425–227–1221.
Issued in Renton, Washington, on July 16,
2015.
Suzanne Masterson,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2015–18152 Filed 7–23–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
DATES:
Comments are due August 24,
2015.
Comments, identified by
docket number, may be filed in the
following ways:
• Electronic Filing through https://
www.ferc.gov. Documents created
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Those unable
to file electronically may mail or handdeliver comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Comment Procedures section of
this document.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
18 CFR Parts 157, 260, and 284
[Docket No. RM96–1–038]
Standards for Business Practices of
Interstate Natural Gas Pipelines
Federal Energy Regulatory
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Federal Energy
Regulatory Commission (Commission) is
proposing to amend its regulations to
incorporate by reference, with certain
enumerated exceptions, the latest
version (Version 3.0) of business
practice standards adopted by the
Wholesale Gas Quadrant of the North
American Energy Standards Board
(NAESB) applicable to natural gas
pipelines. These revisions, in part,
SUMMARY:
revise the codes used to identify receipt
and delivery locations in the Index of
Customers. In addition, for consistency
with the revisions to the Index of
Customers, the Commission is
proposing certain conforming changes
to the Commission’s regulations on
exhibits and on system flow diagrams.
Stanley Wolf (technical issues), Office of
Energy Policy and Innovation, Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426,
Telephone: (202) 502–6841, Email:
stanley.wolf@ferc.gov.
Oscar F. Santillana (technical issues),
Office of Energy Market Regulation,
Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC
20426, Telephone: (202) 502–6392,
Email: oscar.santillana@ferc.gov.
Gary D. Cohen (legal issues), Office of
the General Counsel, Federal Energy
Regulatory Commission, 888 First Street
NE., Washington, DC 20426, Telephone:
(202) 502–8321, Email: gary.cohen@
ferc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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Paragraph Nos.
I. Background ................................................................................................................................................................................
II. Discussion ................................................................................................................................................................................
A. Modifications to Standards to Support the Commission’s Show Cause Order in Docket No. RP14–442–000 ..........
B. Location Codes ..................................................................................................................................................................
C. Request in Order No. 587–V for NAESB to Evaluate the Use of the Terms ‘‘Operating Capacity’’ and ‘‘Design Capacity’’ ................................................................................................................................................................................
D. Standards Previously Not Incorporated by Reference ....................................................................................................
1. Contracts Standards and eTariff Related Standards ................................................................................................
2. Record Retention Standards ......................................................................................................................................
3. WGQ Interpretations ..................................................................................................................................................
E. Proposed Implementation Procedures .............................................................................................................................
III. Notice of Use of Voluntary Consensus Standards ................................................................................................................
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Paragraph Nos.
IV. Incorporation By Reference ...................................................................................................................................................
V. Information Collection Statement ...........................................................................................................................................
VI. Environmental Analysis .........................................................................................................................................................
VII. Regulatory Flexibility Act Analysis and Certification ........................................................................................................
VIII. Comment Procedures ...........................................................................................................................................................
IX. Document Availability ...........................................................................................................................................................
Appendix ......................................................................................................................................................................................
1. The Federal Energy Regulatory
Commission (Commission) proposes to
amend its regulations at 18 CFR 284.12
to incorporate by reference, with certain
enumerated exceptions, the latest
version (Version 3.0) of business
practice standards adopted by the
Wholesale Gas Quadrant (WGQ) of the
North American Energy Standards
Board (NAESB) applicable to natural gas
pipelines that NAESB reported to the
Commission on November 14, 2014. The
Version 3.0 package of standards
includes standards governing
coordination of the scheduling
processes of interstate natural gas
pipelines and public utilities that the
Commission incorporated by reference
in Docket No. RM14–2–000.1 The
standards also revise the codes used to
identify receipt and delivery locations
in the Index of Customers. In addition,
for consistency with the Index of
Customers, the Commission proposes to
amend its regulations at 18 CFR 157.14,
157.18, and 260.8 to have receipt and
delivery point information in exhibits
and system flow diagrams use the same
location point names as provided for in
the Version 3.0 Standards.
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I. Background
2. Since 1996, the Commission has
adopted regulations to standardize the
business practices and communication
methodologies of interstate natural gas
pipelines to create a more integrated
and efficient pipeline grid. These
regulations have been promulgated in
the Order No. 587 series of orders,2
wherein the Commission has
incorporated by reference standards for
interstate natural gas pipeline business
practices and electronic
communications that were developed
and adopted by NAESB’s WGQ. Upon
incorporation by reference, this version
of these standards will become part of
the Commission’s regulations and
1 Coordination of the Scheduling Processes of
Interstate Natural Gas Pipelines and Public
Utilities, Order No. 809, Final Rule, 80 FR 23197
(Apr. 24, 2015), FERC Stats. & Regs. ¶ 31,368.
2 This series of orders began with the
Commission’s issuance of Standards for Business
Practices of Interstate Natural Gas Pipelines, Order
No. 587, FERC Stats. & Regs. ¶ 31,038 (1996).
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32
36
37
40
44
a
compliance by interstate natural gas
pipelines will become mandatory.
3. On July 23, 2013, as corrected on
July 25, 2013, NAESB filed a report
informing the Commission that it had
adopted and ratified Version 2.1 of its
business practice standards applicable
to natural gas pipelines. NAESB reports
that the WGQ reviewed, at the request
of the industry, the necessity of
maintaining the current location
common codes system to determine if
the system provides a significant benefit
to the industry and should be
continued.3 NAESB (in its previous
corporate incarnation as the Gas
Industry Standards Board) adopted a
system of registering common codes to
identify interconnection points between
pipelines using a single code for the
shared point. The industry chose an
independent third party to assign and
maintain the common code database.
4. NAESB reports that, after extensive
discussions, the WGQ reached the
conclusion that the NAESB WGQ
Standards should no longer support the
location common codes system, as the
NAESB membership concluded that the
system provided little commercial
benefit to the industry at large.
Consistent with this determination, the
Version 2.1 Standards added seven new
standards, modified six standards, and
deleted three standards to match up
with a transition from common codes to
proprietary codes.4 These will be the
codes assigned by the transportation
service providers for the identification
of locations.5 The standards require
pipelines to post sufficient information
on their Web sites to permit shippers
and the Commission to identify the
interconnection points between
pipelines that were previously
identified through the common codes.
5. Additionally, as requested by the
Commission in Order No. 587–V,6
NAESB modified the standards to
include reporting requirements for
‘‘Design Capacity’’ for each location by
transportation service providers.7 Other
changes to the existing standards were
made at the request of industry. These
include changes to the NAESB WGQ
Additional Standards, Nominations
Related Standards, Flowing Gas Related
Standards, Invoicing Related Standards,
Quadrant Electronic Delivery
Mechanism Standards, Capacity Release
Related Standards, and Data Set
Standards.8 NAESB further reports on
the changes it made to the NAESB WGQ
Interpretations and Contracts and
Manuals that the Commission has
declined to incorporate by reference in
past Final Rules.9 NAESB also reports
on all the minor corrections it has made
to the standards since Version 2.0 of the
Standards.10 Finally, NAESB reports on
items that it considered changing but on
which it took no action.11
6. On November 14, 2014, NAESB
filed a report informing the Commission
that it had adopted and ratified Version
3.0 of its business practice standards
applicable to natural gas pipelines.
NAESB reports that all of the
modifications made in the Version 2.1
Standards are included in the Version
3.0 Standards and thus no action is
needed on the Version 2.1 Standards.12
The Version 3.0 Standards added the
modifications to support efforts to
harmonize gas-electric scheduling
coordination that NAESB had separately
filed and that the Commission
incorporated by reference in Order No.
809.13 In addition, the Version 3.0
Standards contain revisions to the
3 NAESB Version 2.1 Report dated July 23, 2013
(NAESB Version 2.1 Report). As explained in the
NAESB Version 2.1 Report, this request was
received by NAESB in November 2010 and was
included by the NAESB Board of Directors in the
2011 WGQ Annual Plan as part of Item No. 7 and
as part of the 2012 WGQ Annual Plan Item No. 8.
See NAESB Version 2.1 Report at 3. The proposed
modifications made in response to this request were
developed by the WGQ’s Business Practices
Subcommittee and jointly by the Information
Requirements/Technical Subcommittees.
4 NAESB Version 2.1 Report at 2.
5 Id. at 4.
6 Standards for Business Practices of Interstate
Natural Gas Pipelines, Final Rule, Order No.
587–V, FERC Stats. & Regs. ¶ 31,332 (2012) (Order
No. 587–V).
7 Id. at 2–3.
8 Id. at 3.
9 See, e.g., Order No. 587–V, FERC Stats. & Regs.
¶ 31,332 at n.11.
10 NAESB Version 2.1 Report at 18.
11 Id. at 17–18.
12 NAESB Version 3.0 Report dated Nov. 14, 2014
(NAESB Version 3.0 Report) at 2.
13 See supra n.1.
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capacity release standards regarding
posting requirements for offers to
purchase released capacity that were the
subject of the Commission’s order to
show cause in Docket No. RP14–442–
000.14 Other revisions in the Version 3.0
Standards are: (1) Revisions to the
standards to define ‘‘Operating
Capacity’’ and ‘‘Design Capacity’’ in
response to the Commission request in
Order No. 587–V; 15 (2) elimination of
the WGQ Interpretations, which the
Commission declined to incorporate by
reference; (3) modifications to standards
to reflect the interpretations; (4)
modifications for maintenance
purposes, which includes changes to
eliminate the appearance of the
electronic data interchange in the
imbalance trading process; (5)
modifications to reflect new data
elements; and (6) edits for clarity and to
increase user-friendliness. The Version
3.0 standards have also been revised to
include 29 minor corrections.16
7. On July 7, 2015, NAESB filed a
report informing the Commission that it
has made errata corrections to the WGQ
Version 3.0 Business Practice
Standards.17 These corrections
incorporate a 9:00 a.m. Central Clock
Time (CCT) start to the gas operating
day, consistent with the Commission’s
findings in Order No. 809 18 and also
correct other minor errors.
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II. Discussion
8. In this NOPR, the Commission
proposes to incorporate by reference, in
its regulations, Version 3.0 of the
NAESB WGQ’s consensus business
practice standards,19 with certain
exceptions.20 We propose that the
implementation date for these standards
coincide with the implementation of the
Gas-Electric Coordination standards on
April 1, 2016.
9. Adoption of the Version 3.0
Standards will continue the process of
updating and improving NAESB’s
business practice standards for the
14 Posting of Offers to Purchase Capacity, 146
FERC ¶ 61,203, at P 6 (2014) (Show Cause Order);
B–R Pipeline Co., 149 FERC ¶ 61,031 (2014) (order
accepting compliance filings).
15 Order No. 587–V, FERC Stats. & Regs. ¶ 31,332
at P 8.
16 The NAESB Version 3.0 Report also provides
information on other NAESB activities and tools
unrelated to standards development.
17 NAESB adopted two minor corrections,
MC15009 and MC15012, approved on April 30,
2015 and May 29, 2015, respectively.
18 Order No. 809, FERC Stats. & Regs. ¶ 31,368 at
P 171.
19 A list of the revisions NAESB’s WGQ Version
3.0 Standards made to prior standards is appended
to this NOPR.
20 In the discussion below we identify the NAESB
WGQ Version 3.0 Standards that we propose not to
incorporate by reference.
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benefit of the entire wholesale natural
gas market.
10. As the Commission found in
Order No. 587, adoption of consensus
standards is appropriate because the
consensus process helps ensure the
reasonableness of the standards by
requiring that the standards draw
support from a broad spectrum of
industry participants representing all
segments of the industry.21 Moreover,
because the industry has to conduct
business under these standards, the
Commission’s regulations should reflect
those standards that have the widest
possible support. In section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (NTT&AA),
Congress affirmatively requires federal
agencies to use technical standards
developed by voluntary consensus
standards organizations, like NAESB, as
a means to carry out policy objectives or
activities.22
11. We discuss below some specific
aspects of the filing.
A. Modifications to Standards To
Support the Commission’s Show Cause
Order in Docket No. RP14–442–000
12. On March 20, 2014, the
Commission issued an Order to Show
Cause in Docket No. RP14–442–000,23
which required all interstate pipelines
to either revise their respective tariffs to
provide for the posting of offers to
purchase released capacity as required
by section 284.8(d) of the Commission’s
regulations,24 or to demonstrate that
their existing tariffs are in full
compliance with that section. In the
Show Cause Order, the Commission also
requested that NAESB develop certain
business practice and communications
standards specifying: (1) The
information required for requests to
acquire capacity; (2) the methods by
which such information is to be
exchanged; and (3) the location of the
information on a pipeline’s Internet
Web site.25
21 The NAESB process first requires a supermajority vote of 17 out of 25 members of the WGQ’s
Executive Committee with support from at least two
members from each of the five industry segments—
Distributors, End Users, Pipelines, Producers, and
Services (including marketers and computer service
providers). For final approval, 67 percent of the
WGQ’s general membership voting must ratify the
standards.
22 Pub. L. 104–113, section 12(d), 110 Stat. 775
(1996), 15 U.S.C. 272, note (1997).
23 Show Cause Order, 146 FERC ¶ 61,203 at P 6.
24 18 CFR 284.8(d). That section states that ‘‘[t]he
pipeline must provide notice of offers to release or
to purchase capacity, the terms and conditions of
such offers, and the name of any replacement
shipper . . ., on an Internet Web site, for a
reasonable period.’’
25 Show Cause Order, 146 FERC ¶ 61,203 at P 6.
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13. In response, NAESB proposes to
modify WGQ Standard 4.3.23 to add
‘‘Request to Purchase Releasable
Capacity’’ as a subcategory of
information contained in a
transportation service provider’s
information postings Web site. NAESB
also proposes to add new WGQ
Standard 5.3.73, containing
requirements regarding requests to
purchase capacity that is releasable.
14. The Commission proposes to
incorporate by reference revised WGQ
Standard 4.3.23 and WGQ Standard
5.3.73. We note, however, that our
proposal to incorporate WGQ Standard
5.3.73 by reference is not intended to
eliminate any posting requirements
additionally imposed by the
Commission in Docket No. RP14–442–
000.
B. Location Codes
15. NAESB has proposed to revise its
standards regarding the use of location
codes. The industry has determined that
having a third party maintain a common
code database is not worth the expense
and effort and has revised the prior
standards to introduce the use of
proprietary codes to identify the
location of points of receipt and
delivery. The revised standards include
requirements for the pipelines to post
on their Web sites information on each
of the proprietary points that can be
used to determine which points are
interconnecting points between
pipelines, one of the primary reasons for
adoption of the common code database.
These codes are also used by the
Commission in its Index of Customers to
identify the points on shippers’
contracts and we propose to revise
section 284.13(c) of the regulations to
coordinate with this change.
16. We propose to incorporate by
reference these revised standards, as
they are based on an industry
consensus, will reduce industry’s costs
to support the retention of common
codes, and because the changes will
maintain the ability of shippers and
others to identify interconnection points
between pipelines. Given the ability of
the Commission and customers to
continue to identify interconnection
points referenced in the Index of
Customers, the Commission finds that
the revised code standards appear to
satisfy the requirements for the Index of
Customers and we will modify the
regulations to permit the use of the
proprietary codes. In addition, to avoid
any confusion from the use of
inconsistent location codes, we propose
to accompany our incorporation by
reference of these revised standards
with a proposal to revise our regulations
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Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules
at 18 CFR 157.14, 157.18, and 260.8 that
require the use of location code
information in certain filings and flow
diagrams.
17. Pipelines will be required to
continue to file the Index of Customers
using the current tab-delimited file
format according to the Form No.
549B—Index of Customers Instruction
Manual. The major changes to the
instructions are the change from the use
of common codes to proprietary codes
and the use of the pipelines’ company
registration number in place of three
digit pipeline code. A revised
instruction manual (with revisions
marked) will be posted in this docket on
eLibrary and will be available on the
Commission’s Web site.26 Because tabdelimited file formats can be difficult
and can result in errors that impose
burdens both on Commission and
pipeline staff to correct, we also are
adding the Index of Customers form to
the list of forms that are being updated
as part of the Commission’s forms
refresh project in Docket No. AD15–11–
000 (Forms Project).27 Adding the Index
of Customers to the Forms Project will
move the Commission towards the use
of a standard approach for all
Commission forms that will result in
more efficient filing and processing of
forms.
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C. Request in Order No. 587–V for
NAESB to Evaluate the Use of the Terms
‘‘Operating Capacity’’ and ‘‘Design
Capacity’’
18. In Order No. 587–V, the
Commission directed the industry,
through NAESB, to consider whether
the term ‘‘Operating Capacity,’’ found in
NAESB WGQ Standard No. 0.3.19 and
related standards,28 and ‘‘Design
Capacity,’’ found in section 284.13(d) of
the Commission’s regulations, are
functionally equivalent,29 and to
include this information as part of the
next version of the NAESB WGQ
Standards.30
26 https://www.ferc.gov/industries/gas/indus-act/
pipelines/standards.asp.
27 Electronic Filing Protocols for Commission
Forms, 151 FERC ¶ 61,025 (2015).
28 NAESB defines Operating Capacity as ‘‘the
total capacity which could be scheduled at (or
through) the identified point, segment or zone in
the indicated direction of flow.’’
29 In Order No. 587–V, the Commission explained
that while pipelines that post both design and
operating capacity, often report the same number
for both types of capacity, they may sometimes
report differences between operating and design
capacity. See Order No. 587–V, FERC Stats. & Regs.
¶ 31,332 at P 30, n.41.
30 Id. P 30. NAESB also states it proposes to
correct typographical errors and to clarify that ‘‘All
Quantities Available Indicator’’ in NAESB WGQ
Dataset 0.4.2 applies to all quantities at a specific
identified point, segment, or zone.
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19. In response, NAESB states that a
consensus could not be reached for a
detailed definition of the term ‘‘Design
Capacity’’ and that ‘‘Design Capacity’’
and ‘‘Operating Capacity’’ are not
equivalent terms and therefore proposed
to include both terms as separately
reportable items.31 NAESB modified
WGQ Dataset 0.4.2 to provide a
definition of terms:
Design capacity is the design capacity of
the point, segment, or zone as required by the
applicable regulatory authority. Operating
Capacity is the total capacity which could be
scheduled at (or through) the identified
point, segment or zone in the indicated
direction of flow. Total scheduled quantity is
the net quantity scheduled at the point,
segment or zone level in the indicated
direction of flow. Operationally available
capacity is the quantity remaining that is
available to be scheduled at (or through) the
identified point, segment or zone, in the
indicated direction of flow.
The Commission finds reasonable
NAESB’s approach of separately
reporting both ‘‘Design Capacity’’ and
‘‘Operating Capacity’’ as part of the
reporting data set as this will provide
shippers and the Commission with
added information. Accordingly, the
Commission proposes to incorporate by
reference revised WGQ Standards
0.3.18, 0.3.20, and 0.3.21, and Dataset
0.4.2, as the revised standards and
dataset meet the Commission’s past
concerns and no longer conflict with
section 284.13(d) of the Commission’s
regulations.
D. Standards Previously Not
Incorporated by Reference
1. Contracts Standards and eTariff
Related Standards
20. The Commission proposes to
continue its past practice of not
incorporating by reference into its
regulations any optional contracts,
because the Commission does not
require the use of these contracts.32 In
addition, consistent with our findings in
past proceedings, the Commission is not
proposing to incorporate by reference
the WEQ/WGQ eTariff Related
Standards, because the Commission has
already adopted standards and protocols
for electronic tariff filings based on the
NAESB Standards.33
31 NAESB also states it proposes to correct
typographical errors and to clarify that ‘‘All
Quantities Available Indicator’’ in NAESB WGQ
Dataset 0.4.2 applies to all quantities at a specific
identified point, segment, or zone.
32 Order No. 587–V, FERC Stats. & Regs. ¶ 31,332
at n.11.
33 See Electronic Tariff Filings, Order No. 714,
FERC Stats. & Regs. ¶ 31,276 (2008).
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2. Record Retention Standards
21. In past rulemakings, the
Commission declined to incorporate by
reference WGQ Standards 4.3.4 and
10.3.2, because the Commission found
they were inconsistent with the
Commission’s record retention
requirement in 18 CFR 284.12(b)(3)(v).34
In Version 3.0, NAESB deleted WGQ
Standards 4.3.4 and 10.3.2. NAESB
asserts that deleting the standards
avoids any potential conflict between
the WGQ Standards and the
Commission mandated requirements for
regulated entities or the retention
policies of non-regulated entities. Thus,
the Version 3.0 Standards that the
Commission is considering for
incorporation by reference no longer
conflict with Commission regulations
regarding storage retention.
3. WGQ Interpretations
22. In past rulemakings, the
Commission also declined to
incorporate by reference into the
Commission’s regulations NAESB’s
interpretations of NAESB WGQ business
practice standards because, while
interpretations may provide useful
guidance, they are not determinative.35
In the Version 3.0 Standards, NAESB
deleted the interpretations of standards.
NAESB states that the WGQ decided
that, where greater clarity was needed to
make standards more easily understood,
it modified and/or added new standards
to provide additional clarity, rather than
adopting interpretations.36 NAESB
states that moving forward, the WGQ
will evaluate new requests for
clarifications or interpretations on a
case-by-case basis and plans to work
with the requestor to determine if the
request would be more appropriately
framed as a request for a minor
correction or a request for a new and/
or modified standard. NAESB asserts
that this approach is similar to the one
used by the Wholesale Electric
Quadrant. Thus, there are no NAESB
interpretations of its business practice
standards for the Commission to decline
to incorporate by reference.
E. Proposed Implementation Procedures
23. The Commission anticipates
acting on the proposed rule in order to
34 See, e.g., Standards for Business Practices for
Interstate Natural Gas Pipelines, Final Rule, Order
No. 587–T, FERC Stats. & Regs. ¶ 31,289, at P 5 &
n.9 (2009); see also Order No. 587–V, FERC Stats.
& Regs. ¶ 31,332 at P 8.
35 Order No. 587–V, FERC Stats. & Regs. ¶ 31,332
at P 28.
36 In its Version 3.0 Standards, the WGQ revised
Standards 1.1.3, 1.2.2, 1.3.3, 1.3.15, 1.3.22, 2.3.9,
2.3.14, 2.3.15, 2.3.26, 3.3.14, 3.3.15, and 4.3.23;
added Standard 0.2.5; and deleted Standard 3.3.2.
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permit these standards to become
effective April 1, 2016 at the same time
as the Gas-Electric Harmonization
standards, with compliance filings due
February 1, 2016. Requiring
implementation on the same date
should reduce the compliance burden
on the pipelines and avoid confusion.
Requests for waivers that do not meet
the requirements set forth in Order No.
587–V will not be granted. In particular,
as we explained in Order No. 587–V,
waivers are unnecessary and will not be
granted when the standard applies only
on condition the pipeline performs a
business function and the pipeline
currently does not perform that
function.37
24. The Commission is proposing to
continue the compliance filing
requirements as revised in Order No.
587–V.38 As the Commission found in
Order No. 587–V, adoption of the
revised compliance filing requirements
increases the transparency of the
pipelines’ incorporation by reference of
the NAESB WGQ Standards so that
shippers and the Commission will know
which tariff provision(s) implements
each standard as well as the status of
each standard.39 Likewise, consistent
with past practice, the Commission will
post on its eLibrary Web site (under
Docket No. RM96–1–038) a sample tariff
format, to provide filers an illustrative
example to aid them in preparing their
compliance filings. Requests for waivers
need to comply with the requirements
of Order No. 587–V.40
25. Consistent with our practice in
Order No. 587–V, the pipelines should
designate a single tariff section under
which every NAESB standard
incorporated by reference by the
Commission is listed.41 The pipeline
tariff filings should list all the
incorporated standards with which the
pipeline will comply. In addition, for
any standard that the pipeline seeks
approval not to comply with, the tariff
filing must identify the standard in
question and either identify the
provision in its tariff that complies with
37 Order No. 587–V, FERC Stats. & Regs. ¶ 31,332
at P 38(2). For example, the Commission has denied
waivers of NAESB’s gas-electric operational
communications standards requested by pipelines
on the grounds that their systems do not connect
to power plants. Trans-Union Interstate Pipeline
L.P, 141 FERC ¶ 61,167, at P 18 (2012).
38 Order No. 587–V, FERC Stats. & Regs. ¶ 31,332
at PP 36–37.
39 Id. P 36. To accomplish this, the Commission
gave instructions on how pipelines should
designate sections in their tariff filings.
40 Order No. 587–V, FERC Stats. & Regs. ¶ 31,332
at PP 38–41.
41 This section should be a separate tariff record
under the Commission’s electronic tariff filing
requirement and be filed electronically using the
eTariff portal using the Type of Filing Code 580.
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the standard; 42 or provide an
explanation of any waiver, extension of
time, or other variance with respect to
compliance with the standard that
would excuse compliance.43
26. If the pipeline is requesting a
continuation of an existing waiver or
extension of time, it must include a
table in its transmittal letter that
identifies the standard for which a
waiver or extension of time was granted,
and the docket number or order citation
to the proceeding in which the waiver
or extension was granted. It must also
present an explanation for why such
waiver or extension should remain in
force with regard to the WGQ Version
3.0 Business Practice Standards.
27. This continues the Commission’s
practice of having pipelines including
in their tariffs a common location that
identifies the way the pipeline is
incorporating all the NAESB WGQ
Standards and the standards with which
it is required to comply. As explained
above, the Commission will post on its
eLibrary Web site (under Docket No.
RM96–1–038) a sample tariff format, to
provide filers an illustrative example to
aid them in preparing their compliance
filings.44
III. Notice of Use of Voluntary
Consensus Standards
28. Office of Management and Budget
Circular A–119 (section 11) (February
10, 1998) provides that federal agencies
should publish a request for comment in
a NOPR when the agency is seeking to
issue or revise a regulation proposing to
adopt a voluntary consensus standard or
a government-unique standard. In this
NOPR, the Commission is proposing to
incorporate by reference voluntary
consensus standards developed by the
WGQ.
IV. Incorporation by Reference
29. The Office of the Federal Register
requires agencies incorporating material
by reference in final rules to discuss, in
the preamble of the final rule, the ways
that the materials it incorporates by
reference are reasonably available to
interested parties and how interested
42 For example, pipelines are required to include
the full text of the NAESB nomination timeline
standards (WGQ Standards 1.3.2(i–v) and 5.3.2) in
their tariffs. Standards for Business Practices for
Interstate Natural Gas Pipelines, Final Rule, Order
No. 587–U, FERC Stats. & Regs. ¶ 31,307, at P 39
& n. 42 (2010). The pipeline would indicate which
tariff provision complies with each of these
standards.
43 Shippers can use the Commission’s electronic
tariff system to locate the tariff record containing
the NAESB standards, which will indicate the
docket number in which any waiver or extension
of time was granted.
44 https://www.ferc.gov/docs-filing/elibrary.asp.
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parties can obtain the materials.45 The
regulations also require agencies to
summarize, in the preamble of the final
rule, the material it incorporates by
reference.
30. The NAESB standards we are
proposing in this NOPR to incorporate
by reference are summarized in
paragraphs 3–6 above. Our regulations
provide that copies of the NAESB
standards incorporated by reference
may be obtained from the North
American Energy Standards Board, 801
Travis Street, Suite 1675, Houston, TX
77002, Phone: (713) 356–0060. NAESB’s
Web site is at https://www.naesb.org/.
Copies may be inspected at the Federal
Energy Regulatory Commission, Public
Reference and Files Maintenance
Branch, 888 First Street NE.,
Washington, DC 20426, Phone: (202)
502–8371, https://www.ferc.gov.46
31. NAESB is a private consensus
standards developer that develops
voluntary wholesale and retail
standards related to the energy industry.
The procedures used by NAESB make
its standards reasonably available to
those affected by the Commission
regulations, which is comprised of
entities that have the means to acquire
the information they need to effectively
participate in Commission proceedings.
Participants can join NAESB, for an
annual membership cost of only $7,000,
which entitles them to full participation
in NAESB and enables them to obtain
these standards at no additional cost.47
Non-members may obtain the Individual
Standards Manual or Booklets for each
of the seven Manuals by email for $250
per manual, which in the case of these
standards would total $1,750.48
Nonmembers also may obtain the
complete set of Standards Manuals,
Booklets, and Contracts on CD for
$2,000. NAESB also provides a free
electronic read-only version of the
standards for a three business day
period or, in the case of a regulatory
comment period, through the end of the
comment period.49 In addition, NAESB
considers requests for waivers of the
45 1 CFR 51.5. See Incorporation by Reference, 79
FR 66267 (Nov. 7, 2014).
46 18 CFR 284.12.
47 North American Energy Standards Board
Membership Application, https://www.naesb.org/
pdf4/naesbapp.pdf.
48 NAESB Materials Order Form, https://
www.naesb.org//pdf/ordrform.pdf.
49 Procedures for non-members to evaluate work
products before purchasing, https://www.naesb.org/
misc/NAESB_Nonmember_Evaluation.pdf. See
Incorporation by Reference, 79 FR at 66271, n. 51
& 53 (Nov. 7, 2014) (citing to NAESB’s procedure
of providing ‘‘no-cost, no-print electronic access’’,
NAESB Comment, at 1, available at https://
www.regulations.gov/#!documentDetail;D=OFR2013-0001-0023).
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charges on a case-by-case basis
depending on need.
V. Information Collection Statement
32. The following collections of
information contained in this proposed
rule are being submitted to the Office of
Management and Budget (OMB) for
review under section 3507(d) of the
Paperwork Reduction Act of 1995, 44
U.S.C. 3507(d). Upon approval of a
collection(s) of information, OMB will
assign an OMB control number and an
expiration date. Respondents subject to
the filing requirements of a rule will not
be penalized for failing to respond to
these collections of information unless
the collections of information display a
valid OMB control number.
33. The Commission solicits
comments on the Commission’s need for
this information, whether the
information will have practical utility,
the accuracy of the provided burden
estimates, ways to enhance the quality,
utility, and clarity of the information to
be collected, and any suggested methods
for minimizing respondents’ burden,
including the use of automated
information techniques.
Public Reporting Burden: The
Commission’s burden estimates for the
proposals in this NOPR are for one-time
implementation of the information
collection requirements of this NOPR
(including tariff filing, documentation of
the process and procedures, and IT
work). The collections of information
related to this NOPR fall under FERC–
545 (Gas Pipeline Rates: Rate Change
(Non-Formal)) 50 and FERC–549C
(Standards for Business Practices of
Interstate Natural Gas Pipelines).51 The
following estimates of reporting burden
are related only to this NOPR and
anticipate the costs to pipelines for
compliance with the Commission’s
proposals in this NOPR.52 The burden
estimates are primarily related to startup to implement these standards and
regulations and will not result in
ongoing costs.
RM96–1–038, STANDARDS FOR BUSINESS PRACTICES OF INTERSTATE NATURAL GAS PIPELINES
Number of
respondents 53
Annual number
of responses per
respondent
Total number of
responses
Average burden
& cost per
response
Total annual
burden hours &
total annual cost
Cost per
respondent 54
($)
(1)
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
(5) ÷ (1)
FERC–545 55 ....................
FERC–549C .....................
165
165
1
1
165
165
10
22
1,650
3,630
$138,056
303,722
Totals ........................
............................
............................
............................
............................
5,280
441,778
Information Collection Costs: The
Commission seeks comments on the
costs to comply with these
requirements. It has projected the
average annualized cost for all
respondents to be the following:
FERC–545
FERC–549C
Annualized Capital/Startup Costs ............................................................................................................................
Annualized Costs (Operations & Maintenance) ......................................................................................................
$138,056
N/A
$303,722
N/A
Total Annualized Costs ....................................................................................................................................
138,056
303,722
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Total Cost for all Respondents =
$441,778.
OMB regulations require OMB to
approve certain information collection
requirements imposed by agency rule.
The Commission is submitting
notification of this proposed rule to
OMB. These information collections are
mandatory requirements.
Title: FERC–545, Gas Pipeline Rates:
Rates Change (Non-Formal); FERC–
549C, Standards for Business Practices
of Interstate Natural Gas Pipelines.
Action: Proposed collections.
OMB Control Nos.: 1902–0154, 1902–
0174.
Respondents: Business or other for
profit, (i.e., Natural Gas Pipelines,
applicable to only a few small
businesses.) Although the intraday
reporting requirements will affect
electric plant operators, the Commission
is not imposing the reporting burden of
adopting these standards on those
entities.
Frequency of Responses: One-time
implementation (business procedures,
capital/start-up).
Necessity of Information: The
proposals in this NOPR would, if
implemented, upgrade the
Commission’s current business practices
and communication standards by
specifically: (1) Requiring the posting of
information on requests to purchase
50 FERC–545 covers rate change filings made by
natural gas pipelines, including tariff changes.
51 FERC–549C covers Standards for Business
Practices of Interstate Natural Gas Pipelines.
52 We note that although this NOPR proposes a
minor revision to section 260.8, we are not
including Form No. 567 (OMB No. 1902–005) as
part of this burden estimate because we estimate
that the substitution of proprietary codes for
common codes in the system flow diagrams
submitted under section 260.8 will not increase the
burden of filing that form. The same is true with
regard to the identical revisions we are proposing
to sections 157.14 and 157.18, Form No. 537 (OMB
No. 1902–0060). Likewise, we estimate that our
proposed revision to Form 549B (OMB No. 1902–
0169), see https://www.ferc.gov/docs-filing/
forms.asp, which changes the point record for Point
identification Code Qualifier (Item ID yj) and Point
Identification Code (Item ID yk) will not increase
the burden of filing that form.
53 The number of respondents is the number of
entities in which a change in burden from the
current standards to the proposed exists, not the
total number of entities from the current or
proposed standards that are applicable.
54 Wage data is based on the Bureau of Labor
Statistics data for 2012 (‘‘May 2012 National
Industry-Specific Occupational Employment and
Wage Estimates, [for] Sector 22—Utilities’’ at
https://bls.gov/oes/current/naics2_22.htm) and is
compiled for the top 10 percent earned. For the
estimate of the benefits component, see https://
www.bls.gov/news.release/ecec.nr0.htm.
55 The mean hourly cost of tariff filings and
implementation for interstate natural gas pipelines
is $83.67. This represents the average composite
wage (salary and benefits for 2,080 annual workhours) of the following occupational categories:
‘‘Legal’’ ($128.02 per hour), ‘‘Computer Analyst’’
($83.50 per hour), and ‘‘Office and Administrative’’
($39.49 per hour). Wage data is available from the
Bureau of Labor Statistics at https://bls.gov/oes/
current/naics2_22.htm and is compiled for the top
10 percent earned. For the estimate of the benefits
component, see https://www.bls.gov/news.release/
ecec.nr0.htm.
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releasable capacity on a pipeline’s Web
site; (2) revising standards to support
the elimination of NAESB WGQ
interpretations; (3) revising standards to
add new data elements; and (4) revising
standards related to the technical
implementation and data sets for the
NAESB WGQ Standards.
The implementation of these data
requirements will provide additional
transparency to informational posting
Web sites and will improve
communication standards, including
gas-electric communications. The
implementation of these standards and
regulations will promote the additional
efficiency and reliability of the gas
industries’ operations thereby helping
the Commission to carry out its
responsibilities under the Natural Gas
Act of promoting the efficiency and
reliability of the gas industries’
operations. In addition, the
Commission’s Office of Enforcement
will use the data for general industry
oversight.
Internal Review: The Commission has
reviewed the requirements pertaining to
business practices of natural gas
pipelines and made a preliminary
determination that the proposed
revisions are necessary to establish more
efficient coordination between the gas
and electric industries. Requiring such
information ensures both a common
means of communication and common
business practices to limit
miscommunication for participants
engaged in the sale of electric energy at
wholesale and the transportation of
natural gas. These requirements
conform to the Commission’s plan for
efficient information collection,
communication, and management
within the natural gas pipeline
industries. The Commission has assured
itself, by means of its internal review,
that there is specific, objective support
for the burden estimates associated with
the information requirements.
34. Interested persons may obtain
information on the reporting
requirements by contacting the
following: Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426 [Attention: Ellen
Brown, Office of the Executive Director,
email: DataClearance@ferc.gov, phone:
(202) 502–8663, fax: (202) 273–0873].
35. Comments concerning the
collection of information(s) and the
associated burden estimate(s), should be
sent to the contact listed above and to
the Office of Management and Budget,
Office of Information and Regulatory
Affairs, Washington, DC 20503
[Attention: Desk Officer for the Federal
Energy Regulatory Commission,
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telephone: (202) 395–0710, fax: (202)
395–4718].
VI. Environmental Analysis
36. 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.56 The Commission has
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.57 The actions proposed
here fall within categorical exclusions
in the Commission’s regulations for
rules that are clarifying, corrective, or
procedural, for information gathering,
analysis, and dissemination, and for
sales, exchange, and transportation of
natural gas that requires no construction
of facilities.58 Therefore, an
environmental assessment is
unnecessary and has not been prepared
as part of this NOPR.
VII. Regulatory Flexibility Act Analysis
and Certification
37. The Regulatory Flexibility Act of
1980 (RFA) 59 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. The RFA
mandates consideration of regulatory
alternatives that accomplish the stated
objectives of a proposed rule and that
minimize any significant economic
impact on a substantial number of small
entities. The Small Business
Administration’s (SBA) Office of Size
Standards develops the numerical
definition of a small business.60 The
SBA has established a size standard for
pipelines transporting natural gas,
stating that a firm is small if its annual
receipts are less than $25.5 million.61
38. The regulations proposed here
impose requirements only on interstate
pipelines, the majority of which are not
small businesses. Most companies
regulated by the Commission do not fall
within the RFA’s definition of a small
entity. Approximately 165 entities are
potential respondents subject to data
collection FERC–545 reporting
requirements and also are subject to
data collection FERC 549–C reporting
requirements. Nearly all of these entities
56 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Regulations Preambles 1986–1990 ¶ 30,783 (1987).
57 18 CFR 380.4.
58 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5),
380.4(a)(27).
59 5 U.S.C. 601–612.
60 13 CFR 121.101.
61 13 CFR 121.201, subsection 486.
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43985
are large entities. For the year 2012 (the
most recent year for which information
is available), only eleven companies not
affiliated with larger companies had
annual revenues of less than $25.5
million and are defined by the SBA as
‘‘small entities.’’ These companies
constitute about seven percent of the
total universe of potential respondents.
The Commission estimates that the onetime implementation cost of the
proposals in this NOPR is $441,778 (or
$2,677 per entity, regardless of entity
size).62 The Commission does not
consider the estimated $2,677 impact
per entity to be significant. Moreover,
these requirements are designed to
benefit all customers, including small
businesses that must comply with them.
Further, as noted above, adoption of
consensus standards helps ensure the
reasonableness of the standards by
requiring that the standards draw
support from a broad spectrum of
industry participants representing all
segments of the industry. Because of
that representation and the fact that
industry conducts business under these
standards, the Commission’s regulations
should reflect those standards that have
the widest possible support.
39. Accordingly, pursuant to § 605(b)
of the RFA,63 the regulations proposed
herein should not have a significant
economic impact on a substantial
number of small entities.
VIII. Comment Procedures
40. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due August 24, 2015.
Comments must refer to Docket No.
RM96–1–038, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
41. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
42. Commenters that are not able to
file comments electronically must send
62 This number is derived by dividing the total
cost figure by the number of respondents. $441,778/
165 = $2,677.
63 5 U.S.C. 605(b).
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an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
43. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
IX. Document Availability
PART 157—APPLICATIONS FOR
CERTIFICATES OF PUBLIC
CONVENIENCE AND NECESSITY AND
FOR ORDERS PERMITTING AND
APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS
ACT
1. The authority citation for part 157
continues to read as follows:
■
Authority: 15 U.S.C. 717–717Z.
2. Section 157.14 is amended by
revising paragraph (a) to read as follows:
■
§ 157.14
Exhibits.
PART 260—STATEMENTS AND
REPORTS (SCHEDULES)
4. The authority citation for part 260
continues to read as follows:
■
Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352.
5. Section 260.8 is amended by
revising paragraph (a) to read as follows:
■
§ 260.8 System flow diagrams: Format No.
FERC 567.
(a) Each Major natural gas pipeline
company, having a system delivery
capacity in excess of 100,000 Mcf per
day (measured at 14.73 p.s.i.a. and
60 °F), shall file with the Commission
by June 1 of each year five (5) copies of
a diagram or diagrams reflecting
operating conditions on its main
transmission system during the previous
twelve months ended December 31. For
purposes of system peak deliveries, the
heating season overlapping the year’s
end shall be used. Facilities shall be
those installed and in operation on
December 31 of the reporting year. All
volumes shall be reported on a uniform
stated pressure and temperature base.
Receipt and delivery point information
required in various exhibits must be
labeled with a location point name in
accordance with the name adopted in
§ 284.12 of this chapter.
*
*
*
*
*
44. 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 the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’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.
45. From the Commission’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.
46. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s 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.
(a) To be attached to each
application. All exhibits specified must
accompany each application when
tendered for filing. Together with each
exhibit applicant must provide a full
and complete explanation of the data
submitted, the manner in which it was
obtained, and the reasons for the
conclusions derived from the exhibits. If
the Commission determines that a
formal hearing upon the application is
required or that testimony and hearing
exhibits should be filed, the Secretary
will promptly notify the applicant that
submittal of all exhibits and testimony
of all witnesses to be sponsored by the
applicant in support of his case-in-chief
is required. Submittal of these exhibits
and testimony must be within 20 days
from the date of the Secretary’s notice,
or any other time as the Secretary will
specify. Exhibits, except exhibits F, F–
1, G, G–I, G–II, and H(iv), must be
submitted to the Commission on
electronic media as prescribed in
§ 385.2011 of this chapter. Receipt and
delivery point information required in
various exhibits must be labeled with a
location point name in accordance with
the name adopted in § 284.12 of this
chapter.
*
*
*
*
*
■ 3. Section 157.18 is amended by
revising paragraph (c) to read as follows:
List of Subjects in 18 CFR Parts 157,
260, and 284
§ 157.18 Applications to abandon facilities
or service; exhibits.
§ 284.12 Standards for pipeline business
operations and communications.
*
(a) * * *
(1) An interstate pipeline that
transports gas under subparts B or G of
this part must comply with the business
practices and electronic
communications standards as
promulgated by the North American
Energy Standards Board, as
incorporated herein by reference in
paragraphs (a)(1)(i) thru (vii) of this
section, and as revised by Minor
Correction/Clarification MC15009 and
Minor Correction/Clarification
MC15012, as incorporated herein by
reference in paragraphs (a)(1)(viii) and
(ix) of this section.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Incorporation by reference, Natural
gas, Reporting and recordkeeping
requirements.
By direction of the Commission.
Issued: July 16, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to amend parts
157, 260, and 284, chapter I, title 18,
Code of Federal Regulations, as follows.
VerDate Sep<11>2014
16:51 Jul 23, 2015
Jkt 235001
*
*
*
*
(c) Exhibit V—Flow diagram showing
daily design capacity and reflecting
operation of applicant’s system after
abandonment. Receipt and delivery
point information required in various
exhibits must be labeled with a location
point name in accordance with the
name adopted in § 284.12 of this
chapter. A flow diagram showing daily
design capacity and reflecting operating
conditions of applicant’s system after
abandonment of facilities on that
segment of the system affected by the
abandonment, including the following:
*
*
*
*
*
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
PART 284—CERTAIN SALES AND
TRANSPORTATION OF NATURAL GAS
UNDER THE NATURAL GAS POLICY
ACT OF 1978 AND RELATED
AUTHORITIES
6. The authority citation for part 284
continues to read as follows:
■
Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352; 43 U.S.C. 1331–
1356.
7. Section 284.12 is amended by
revising paragraph (a)(1) to read as
follows:
■
E:\FR\FM\24JYP1.SGM
24JYP1
Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules
(i) Additional Standards (Version 3.0,
November 14, 2014);
(ii) Nominations Related Standards
(Version 3.0, November 14, 2014);
(iii) Flowing Gas Related Standards
(Version 3.0, November 14, 2014);
(iv) Invoicing Related Standards
(Version 3.0, November 14, 2014);
(v) Quadrant Electronic Delivery
Mechanism Related Standards (Version
3.0, November 14, 2014);
(vi) Capacity Release Related
Standards (Version 3.0, November 14,
2014);
(vii) Internet Electronic Transport
Related Standards (Version 3.0,
November 14, 2014);
(viii) Minor Correction/Clarification,
Request No. MC15009, approved April
30, 2015; and
(ix) Minor Correction/Clarification,
Request No. MC15012, approved May
29, 2015.
*
*
*
*
*
■ 8. Section 284.13 is amended by
revising paragraph (c)(2)(vi) to read as
follows:
c. Deletes Standards 1.3.52, 2.3.49, 3.3.2,
3.3.20, 4.3.4, 4.3.39, 4.3.65, 5.3.27, 10.3.2;
Datasets 2.4.12 through 2.4.16; and Principles
1.1.5, 1.1.7, 1.1.9, 1.1.17, 4.1.31.
Version 2.1 made the following changes to
the Version 2.0 Standards:
a. Revises Standards 0.3.18, 0.3.20, 0.3.21,
1.3.27, 1.3.55, 1.3.73, 2.3.32, 4.3.23, 4.3.28,
4.3.35, 4.3.52, 4.3.67, 5.3.2, 5.3.4, 5.3.26,
5.3.38, 5.3.70, 5.3.71, 6.5.2, 7.3.16, 7.3.27;
Datasets 0.4.1 through 0.4.3, 1.4.1 through
1.4.7, 2.4.1 through 2.4.7, 2.4.9 through
2.4.11, 2.4.13 through 2.4.18, 3.4.1 through
3.4.4, 5.4.14 through 5.4.17, 5.4.20 through
5.4.22, 5.4.24 through 5.4.26; and Definitions
10.2.8, 10.2.30.
b. Adds Standards 0.3.23 through 0.3.29,
1.3.58, 1.3.73, 1.3.81, 2.3.66, 4.3.103, 4.3.104;
and Dataset 0.4.4.
c. Deletes Standards 0.3.19, 1.3.47, 1.3.49,
1.3.50, 1.3.54, 1.3.57, 1.3.59 through 1.3.61,
1.3.63, 2.3.33 through 2.3.35, 3.3.1, 4.3.39,
4.3.51, 4.3.56, 4.3.59, 4.3.73, 4.3.74, 4.3.76.
§ 284.13 Reporting requirements for
interstate pipelines.
Food and Drug Administration
*
21 CFR Part 1
*
*
*
*
(c) * * *
(2) * * *
(vi) The receipt and delivery points
and the zones or segments covered by
the contract in which the capacity is
held, including the location code for
each point zone or segment along with
a posting on the pipeline’s Web site that
identifies active and inactive points, the
date the point becomes active or
inactive, the location of the point, and
an identification of the upstream or
downstream entity, if any, at that point;
*
*
*
*
*
Note: The following appendix will not
appear in the Code of Federal Regulations.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Appendix
List of Revisions in NAESB’s WGQ Version
3.0 Business Practice Standards to Its Prior
Business Practice Standards
Version 3.0 makes the following changes to
the Version 2.1 Standards:
a. Revises Standards 0.3.28, 1.1.3, 1.3.1,
1.3.2 through 1.3.5, 1.3.7 through 1.3.9,
1.3.11, 1.3.13 through 1.3.15, 1.3.22, 1.3.27,
1.3.33, 1.3.41, 1.3.42, 1.3.51, 1.3.80, 2.3.5,
2.3.9, 2.3.14, 2.3.15, 2.3.21, 2.3.26, 2.3.40,
2.3.46, 2.3.47, 3.3.3, 3.3.7, 3.3.14, 3.3.15,
4.3.2, 4.3.3, 4.3.16, 4.3.23, 4.3.35, 4.3.45,
4.3.46, 4.3.54, 4.3.90, 5.3.2, 5.3.32, 5.3.44,
5.3.45, 5.3.48, 5.3.49, 5.3.53, 5.3.54, 5.3.56;
Datasets 0.4.1, 0.4.2, 0.4.4, 1.4.1 through
1.4.7, 2.4.1 through 2.4.11, 2.4.17, 2.4.18,
3.4.1 through 3.4.4, 5.4.14 through 5.4.17,
5.4.20 through 5.4.27; Principles 1.1.15,
1.1.18, 2.1.5; and Definitions 1.2.2, 1.2.4,
2.2.5.
b. Adds Standards 0.2.5, 4.3.105, 5.3.73.
VerDate Sep<11>2014
16:51 Jul 23, 2015
Jkt 235001
[FR Doc. 2015–17921 Filed 7–23–15; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Docket No. FDA–2011–N–0146]
RIN 0910–AG66
User Fee Program To Provide for
Accreditation of Third-Party Auditors/
Certification Bodies To Conduct Food
Safety Audits and To Issue
Certifications
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Proposed rule.
The Food and Drug
Administration (FDA, the Agency, or
we) is issuing this proposed rule to
amend the proposed rule,
‘‘Accreditation of Third-Party Auditors/
Certification Bodies to Conduct Food
Safety Audits and to Issue
Certifications’’ (Accreditation of ThirdParty Auditors proposed rule) and to
propose to establish a reimbursement
(user fee) program to assess fees and
require reimbursement for the work
performed to establish and administer
the system for the Accreditation of
Third-Party Auditors under the FDA
Food Safety Modernization Act (FSMA).
DATES: Submit either electronic or
written comments on the proposed rule
by October 7, 2015.
ADDRESSES: You may submit comments
by any of the following methods.
SUMMARY:
Electronic Submissions
Submit electronic comments in the
following way:
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
43987
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Written Submissions
Submit written submissions in the
following ways:
• Mail/Hand delivery/Courier (for
paper submissions): Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
Instructions: All submissions received
must include the Docket No. FDA–
2011–N–0146 for this rulemaking. All
comments received may be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
additional information on submitting
comments, see the ‘‘Comments’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and insert the
docket number(s), found in brackets in
the heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Charlotte A. Christin, Center for Food
Safety and Applied Nutrition, Food and
Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740, 240–
402–3708.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Introduction
B. Accreditation of Third-Party Auditors
Proposed Rule
C. Regulatory Use of Certifications Under
FSMA
D. Reimbursement (User Fee) Program
Under Section 808(c)(8) of the FD&C Act
II. Legal Authority
III. Description of the Proposed Rule
A. Who would be subject to a user fee?
B. What user fees would be established?
C. How will FDA notify the public about
the fee schedule?
D. When must the user fee be submitted?
E. Are user fees refundable?
F. What are the consequences of not paying
a user fee on time?
G. Possible Exemptions
IV. Preliminary Regulatory Impact Analysis
A. Introduction
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act of 1995
D. Need for This Regulation
V. Paperwork Reduction Act of 1995
VI. Analysis of Environmental Impact
VII. Federalism
VIII. Comments
IX. References
E:\FR\FM\24JYP1.SGM
24JYP1
Agencies
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Proposed Rules]
[Pages 43979-43987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17921]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 157, 260, and 284
[Docket No. RM96-1-038]
Standards for Business Practices of Interstate Natural Gas
Pipelines
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) is
proposing to amend its regulations to incorporate by reference, with
certain enumerated exceptions, the latest version (Version 3.0) of
business practice standards adopted by the Wholesale Gas Quadrant of
the North American Energy Standards Board (NAESB) applicable to natural
gas pipelines. These revisions, in part, revise the codes used to
identify receipt and delivery locations in the Index of Customers. In
addition, for consistency with the revisions to the Index of Customers,
the Commission is proposing certain conforming changes to the
Commission's regulations on exhibits and on system flow diagrams.
DATES: Comments are due August 24, 2015.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
Electronic Filing through https://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures section of this document.
FOR FURTHER INFORMATION CONTACT: Stanley Wolf (technical issues),
Office of Energy Policy and Innovation, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426, Telephone:
(202) 502-6841, Email: stanley.wolf@ferc.gov.
Oscar F. Santillana (technical issues), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426, Telephone: (202) 502-6392, Email:
oscar.santillana@ferc.gov.
Gary D. Cohen (legal issues), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, Telephone: (202) 502-8321, Email: gary.cohen@ferc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph Nos.
I. Background........................................ 2
II. Discussion....................................... 8
A. Modifications to Standards to Support the 12
Commission's Show Cause Order in Docket No. RP14-
442-000.........................................
B. Location Codes................................ 15
C. Request in Order No. 587-V for NAESB to 18
Evaluate the Use of the Terms ``Operating
Capacity'' and ``Design Capacity''..............
D. Standards Previously Not Incorporated by 20
Reference.......................................
1. Contracts Standards and eTariff Related 20
Standards...................................
2. Record Retention Standards................ 21
3. WGQ Interpretations....................... 22
E. Proposed Implementation Procedures............ 23
III. Notice of Use of Voluntary Consensus Standards.. 28
[[Page 43980]]
IV. Incorporation By Reference....................... 29
V. Information Collection Statement.................. 32
VI. Environmental Analysis........................... 36
VII. Regulatory Flexibility Act Analysis and 37
Certification.......................................
VIII. Comment Procedures............................. 40
IX. Document Availability............................ 44
Appendix............................................. a
1. The Federal Energy Regulatory Commission (Commission) proposes
to amend its regulations at 18 CFR 284.12 to incorporate by reference,
with certain enumerated exceptions, the latest version (Version 3.0) of
business practice standards adopted by the Wholesale Gas Quadrant (WGQ)
of the North American Energy Standards Board (NAESB) applicable to
natural gas pipelines that NAESB reported to the Commission on November
14, 2014. The Version 3.0 package of standards includes standards
governing coordination of the scheduling processes of interstate
natural gas pipelines and public utilities that the Commission
incorporated by reference in Docket No. RM14-2-000.\1\ The standards
also revise the codes used to identify receipt and delivery locations
in the Index of Customers. In addition, for consistency with the Index
of Customers, the Commission proposes to amend its regulations at 18
CFR 157.14, 157.18, and 260.8 to have receipt and delivery point
information in exhibits and system flow diagrams use the same location
point names as provided for in the Version 3.0 Standards.
---------------------------------------------------------------------------
\1\ Coordination of the Scheduling Processes of Interstate
Natural Gas Pipelines and Public Utilities, Order No. 809, Final
Rule, 80 FR 23197 (Apr. 24, 2015), FERC Stats. & Regs. ] 31,368.
---------------------------------------------------------------------------
I. Background
2. Since 1996, the Commission has adopted regulations to
standardize the business practices and communication methodologies of
interstate natural gas pipelines to create a more integrated and
efficient pipeline grid. These regulations have been promulgated in the
Order No. 587 series of orders,\2\ wherein the Commission has
incorporated by reference standards for interstate natural gas pipeline
business practices and electronic communications that were developed
and adopted by NAESB's WGQ. Upon incorporation by reference, this
version of these standards will become part of the Commission's
regulations and compliance by interstate natural gas pipelines will
become mandatory.
---------------------------------------------------------------------------
\2\ This series of orders began with the Commission's issuance
of Standards for Business Practices of Interstate Natural Gas
Pipelines, Order No. 587, FERC Stats. & Regs. ] 31,038 (1996).
---------------------------------------------------------------------------
3. On July 23, 2013, as corrected on July 25, 2013, NAESB filed a
report informing the Commission that it had adopted and ratified
Version 2.1 of its business practice standards applicable to natural
gas pipelines. NAESB reports that the WGQ reviewed, at the request of
the industry, the necessity of maintaining the current location common
codes system to determine if the system provides a significant benefit
to the industry and should be continued.\3\ NAESB (in its previous
corporate incarnation as the Gas Industry Standards Board) adopted a
system of registering common codes to identify interconnection points
between pipelines using a single code for the shared point. The
industry chose an independent third party to assign and maintain the
common code database.
---------------------------------------------------------------------------
\3\ NAESB Version 2.1 Report dated July 23, 2013 (NAESB Version
2.1 Report). As explained in the NAESB Version 2.1 Report, this
request was received by NAESB in November 2010 and was included by
the NAESB Board of Directors in the 2011 WGQ Annual Plan as part of
Item No. 7 and as part of the 2012 WGQ Annual Plan Item No. 8. See
NAESB Version 2.1 Report at 3. The proposed modifications made in
response to this request were developed by the WGQ's Business
Practices Subcommittee and jointly by the Information Requirements/
Technical Subcommittees.
---------------------------------------------------------------------------
4. NAESB reports that, after extensive discussions, the WGQ reached
the conclusion that the NAESB WGQ Standards should no longer support
the location common codes system, as the NAESB membership concluded
that the system provided little commercial benefit to the industry at
large. Consistent with this determination, the Version 2.1 Standards
added seven new standards, modified six standards, and deleted three
standards to match up with a transition from common codes to
proprietary codes.\4\ These will be the codes assigned by the
transportation service providers for the identification of
locations.\5\ The standards require pipelines to post sufficient
information on their Web sites to permit shippers and the Commission to
identify the interconnection points between pipelines that were
previously identified through the common codes.
---------------------------------------------------------------------------
\4\ NAESB Version 2.1 Report at 2.
\5\ Id. at 4.
---------------------------------------------------------------------------
5. Additionally, as requested by the Commission in Order No. 587-
V,\6\ NAESB modified the standards to include reporting requirements
for ``Design Capacity'' for each location by transportation service
providers.\7\ Other changes to the existing standards were made at the
request of industry. These include changes to the NAESB WGQ Additional
Standards, Nominations Related Standards, Flowing Gas Related
Standards, Invoicing Related Standards, Quadrant Electronic Delivery
Mechanism Standards, Capacity Release Related Standards, and Data Set
Standards.\8\ NAESB further reports on the changes it made to the NAESB
WGQ Interpretations and Contracts and Manuals that the Commission has
declined to incorporate by reference in past Final Rules.\9\ NAESB also
reports on all the minor corrections it has made to the standards since
Version 2.0 of the Standards.\10\ Finally, NAESB reports on items that
it considered changing but on which it took no action.\11\
---------------------------------------------------------------------------
\6\ Standards for Business Practices of Interstate Natural Gas
Pipelines, Final Rule, Order No. 587-V, FERC Stats. & Regs. ] 31,332
(2012) (Order No. 587-V).
\7\ Id. at 2-3.
\8\ Id. at 3.
\9\ See, e.g., Order No. 587-V, FERC Stats. & Regs. ] 31,332 at
n.11.
\10\ NAESB Version 2.1 Report at 18.
\11\ Id. at 17-18.
---------------------------------------------------------------------------
6. On November 14, 2014, NAESB filed a report informing the
Commission that it had adopted and ratified Version 3.0 of its business
practice standards applicable to natural gas pipelines. NAESB reports
that all of the modifications made in the Version 2.1 Standards are
included in the Version 3.0 Standards and thus no action is needed on
the Version 2.1 Standards.\12\ The Version 3.0 Standards added the
modifications to support efforts to harmonize gas-electric scheduling
coordination that NAESB had separately filed and that the Commission
incorporated by reference in Order No. 809.\13\ In addition, the
Version 3.0 Standards contain revisions to the
[[Page 43981]]
capacity release standards regarding posting requirements for offers to
purchase released capacity that were the subject of the Commission's
order to show cause in Docket No. RP14-442-000.\14\ Other revisions in
the Version 3.0 Standards are: (1) Revisions to the standards to define
``Operating Capacity'' and ``Design Capacity'' in response to the
Commission request in Order No. 587-V; \15\ (2) elimination of the WGQ
Interpretations, which the Commission declined to incorporate by
reference; (3) modifications to standards to reflect the
interpretations; (4) modifications for maintenance purposes, which
includes changes to eliminate the appearance of the electronic data
interchange in the imbalance trading process; (5) modifications to
reflect new data elements; and (6) edits for clarity and to increase
user-friendliness. The Version 3.0 standards have also been revised to
include 29 minor corrections.\16\
---------------------------------------------------------------------------
\12\ NAESB Version 3.0 Report dated Nov. 14, 2014 (NAESB Version
3.0 Report) at 2.
\13\ See supra n.1.
\14\ Posting of Offers to Purchase Capacity, 146 FERC ] 61,203,
at P 6 (2014) (Show Cause Order); B-R Pipeline Co., 149 FERC ]
61,031 (2014) (order accepting compliance filings).
\15\ Order No. 587-V, FERC Stats. & Regs. ] 31,332 at P 8.
\16\ The NAESB Version 3.0 Report also provides information on
other NAESB activities and tools unrelated to standards development.
---------------------------------------------------------------------------
7. On July 7, 2015, NAESB filed a report informing the Commission
that it has made errata corrections to the WGQ Version 3.0 Business
Practice Standards.\17\ These corrections incorporate a 9:00 a.m.
Central Clock Time (CCT) start to the gas operating day, consistent
with the Commission's findings in Order No. 809 \18\ and also correct
other minor errors.
---------------------------------------------------------------------------
\17\ NAESB adopted two minor corrections, MC15009 and MC15012,
approved on April 30, 2015 and May 29, 2015, respectively.
\18\ Order No. 809, FERC Stats. & Regs. ] 31,368 at P 171.
---------------------------------------------------------------------------
II. Discussion
8. In this NOPR, the Commission proposes to incorporate by
reference, in its regulations, Version 3.0 of the NAESB WGQ's consensus
business practice standards,\19\ with certain exceptions.\20\ We
propose that the implementation date for these standards coincide with
the implementation of the Gas-Electric Coordination standards on April
1, 2016.
---------------------------------------------------------------------------
\19\ A list of the revisions NAESB's WGQ Version 3.0 Standards
made to prior standards is appended to this NOPR.
\20\ In the discussion below we identify the NAESB WGQ Version
3.0 Standards that we propose not to incorporate by reference.
---------------------------------------------------------------------------
9. Adoption of the Version 3.0 Standards will continue the process
of updating and improving NAESB's business practice standards for the
benefit of the entire wholesale natural gas market.
10. As the Commission found in Order No. 587, adoption of consensus
standards is appropriate because the consensus process helps ensure the
reasonableness of the standards by requiring that the standards draw
support from a broad spectrum of industry participants representing all
segments of the industry.\21\ Moreover, because the industry has to
conduct business under these standards, the Commission's regulations
should reflect those standards that have the widest possible support.
In section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTT&AA), Congress affirmatively requires federal agencies
to use technical standards developed by voluntary consensus standards
organizations, like NAESB, as a means to carry out policy objectives or
activities.\22\
---------------------------------------------------------------------------
\21\ The NAESB process first requires a super-majority vote of
17 out of 25 members of the WGQ's Executive Committee with support
from at least two members from each of the five industry segments--
Distributors, End Users, Pipelines, Producers, and Services
(including marketers and computer service providers). For final
approval, 67 percent of the WGQ's general membership voting must
ratify the standards.
\22\ Pub. L. 104-113, section 12(d), 110 Stat. 775 (1996), 15
U.S.C. 272, note (1997).
---------------------------------------------------------------------------
11. We discuss below some specific aspects of the filing.
A. Modifications to Standards To Support the Commission's Show Cause
Order in Docket No. RP14-442-000
12. On March 20, 2014, the Commission issued an Order to Show Cause
in Docket No. RP14-442-000,\23\ which required all interstate pipelines
to either revise their respective tariffs to provide for the posting of
offers to purchase released capacity as required by section 284.8(d) of
the Commission's regulations,\24\ or to demonstrate that their existing
tariffs are in full compliance with that section. In the Show Cause
Order, the Commission also requested that NAESB develop certain
business practice and communications standards specifying: (1) The
information required for requests to acquire capacity; (2) the methods
by which such information is to be exchanged; and (3) the location of
the information on a pipeline's Internet Web site.\25\
---------------------------------------------------------------------------
\23\ Show Cause Order, 146 FERC ] 61,203 at P 6.
\24\ 18 CFR 284.8(d). That section states that ``[t]he pipeline
must provide notice of offers to release or to purchase capacity,
the terms and conditions of such offers, and the name of any
replacement shipper . . ., on an Internet Web site, for a reasonable
period.''
\25\ Show Cause Order, 146 FERC ] 61,203 at P 6.
---------------------------------------------------------------------------
13. In response, NAESB proposes to modify WGQ Standard 4.3.23 to
add ``Request to Purchase Releasable Capacity'' as a subcategory of
information contained in a transportation service provider's
information postings Web site. NAESB also proposes to add new WGQ
Standard 5.3.73, containing requirements regarding requests to purchase
capacity that is releasable.
14. The Commission proposes to incorporate by reference revised WGQ
Standard 4.3.23 and WGQ Standard 5.3.73. We note, however, that our
proposal to incorporate WGQ Standard 5.3.73 by reference is not
intended to eliminate any posting requirements additionally imposed by
the Commission in Docket No. RP14-442-000.
B. Location Codes
15. NAESB has proposed to revise its standards regarding the use of
location codes. The industry has determined that having a third party
maintain a common code database is not worth the expense and effort and
has revised the prior standards to introduce the use of proprietary
codes to identify the location of points of receipt and delivery. The
revised standards include requirements for the pipelines to post on
their Web sites information on each of the proprietary points that can
be used to determine which points are interconnecting points between
pipelines, one of the primary reasons for adoption of the common code
database. These codes are also used by the Commission in its Index of
Customers to identify the points on shippers' contracts and we propose
to revise section 284.13(c) of the regulations to coordinate with this
change.
16. We propose to incorporate by reference these revised standards,
as they are based on an industry consensus, will reduce industry's
costs to support the retention of common codes, and because the changes
will maintain the ability of shippers and others to identify
interconnection points between pipelines. Given the ability of the
Commission and customers to continue to identify interconnection points
referenced in the Index of Customers, the Commission finds that the
revised code standards appear to satisfy the requirements for the Index
of Customers and we will modify the regulations to permit the use of
the proprietary codes. In addition, to avoid any confusion from the use
of inconsistent location codes, we propose to accompany our
incorporation by reference of these revised standards with a proposal
to revise our regulations
[[Page 43982]]
at 18 CFR 157.14, 157.18, and 260.8 that require the use of location
code information in certain filings and flow diagrams.
17. Pipelines will be required to continue to file the Index of
Customers using the current tab-delimited file format according to the
Form No. 549B--Index of Customers Instruction Manual. The major changes
to the instructions are the change from the use of common codes to
proprietary codes and the use of the pipelines' company registration
number in place of three digit pipeline code. A revised instruction
manual (with revisions marked) will be posted in this docket on
eLibrary and will be available on the Commission's Web site.\26\
Because tab-delimited file formats can be difficult and can result in
errors that impose burdens both on Commission and pipeline staff to
correct, we also are adding the Index of Customers form to the list of
forms that are being updated as part of the Commission's forms refresh
project in Docket No. AD15-11-000 (Forms Project).\27\ Adding the Index
of Customers to the Forms Project will move the Commission towards the
use of a standard approach for all Commission forms that will result in
more efficient filing and processing of forms.
---------------------------------------------------------------------------
\26\ https://www.ferc.gov/industries/gas/indus-act/pipelines/standards.asp.
\27\ Electronic Filing Protocols for Commission Forms, 151 FERC
] 61,025 (2015).
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C. Request in Order No. 587-V for NAESB to Evaluate the Use of the
Terms ``Operating Capacity'' and ``Design Capacity''
18. In Order No. 587-V, the Commission directed the industry,
through NAESB, to consider whether the term ``Operating Capacity,''
found in NAESB WGQ Standard No. 0.3.19 and related standards,\28\ and
``Design Capacity,'' found in section 284.13(d) of the Commission's
regulations, are functionally equivalent,\29\ and to include this
information as part of the next version of the NAESB WGQ Standards.\30\
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\28\ NAESB defines Operating Capacity as ``the total capacity
which could be scheduled at (or through) the identified point,
segment or zone in the indicated direction of flow.''
\29\ In Order No. 587-V, the Commission explained that while
pipelines that post both design and operating capacity, often report
the same number for both types of capacity, they may sometimes
report differences between operating and design capacity. See Order
No. 587-V, FERC Stats. & Regs. ] 31,332 at P 30, n.41.
\30\ Id. P 30. NAESB also states it proposes to correct
typographical errors and to clarify that ``All Quantities Available
Indicator'' in NAESB WGQ Dataset 0.4.2 applies to all quantities at
a specific identified point, segment, or zone.
---------------------------------------------------------------------------
19. In response, NAESB states that a consensus could not be reached
for a detailed definition of the term ``Design Capacity'' and that
``Design Capacity'' and ``Operating Capacity'' are not equivalent terms
and therefore proposed to include both terms as separately reportable
items.\31\ NAESB modified WGQ Dataset 0.4.2 to provide a definition of
terms:
---------------------------------------------------------------------------
\31\ NAESB also states it proposes to correct typographical
errors and to clarify that ``All Quantities Available Indicator'' in
NAESB WGQ Dataset 0.4.2 applies to all quantities at a specific
identified point, segment, or zone.
Design capacity is the design capacity of the point, segment, or
zone as required by the applicable regulatory authority. Operating
Capacity is the total capacity which could be scheduled at (or
through) the identified point, segment or zone in the indicated
direction of flow. Total scheduled quantity is the net quantity
scheduled at the point, segment or zone level in the indicated
direction of flow. Operationally available capacity is the quantity
remaining that is available to be scheduled at (or through) the
identified point, segment or zone, in the indicated direction of
---------------------------------------------------------------------------
flow.
The Commission finds reasonable NAESB's approach of separately
reporting both ``Design Capacity'' and ``Operating Capacity'' as part
of the reporting data set as this will provide shippers and the
Commission with added information. Accordingly, the Commission proposes
to incorporate by reference revised WGQ Standards 0.3.18, 0.3.20, and
0.3.21, and Dataset 0.4.2, as the revised standards and dataset meet
the Commission's past concerns and no longer conflict with section
284.13(d) of the Commission's regulations.
D. Standards Previously Not Incorporated by Reference
1. Contracts Standards and eTariff Related Standards
20. The Commission proposes to continue its past practice of not
incorporating by reference into its regulations any optional contracts,
because the Commission does not require the use of these contracts.\32\
In addition, consistent with our findings in past proceedings, the
Commission is not proposing to incorporate by reference the WEQ/WGQ
eTariff Related Standards, because the Commission has already adopted
standards and protocols for electronic tariff filings based on the
NAESB Standards.\33\
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\32\ Order No. 587-V, FERC Stats. & Regs. ] 31,332 at n.11.
\33\ See Electronic Tariff Filings, Order No. 714, FERC Stats. &
Regs. ] 31,276 (2008).
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2. Record Retention Standards
21. In past rulemakings, the Commission declined to incorporate by
reference WGQ Standards 4.3.4 and 10.3.2, because the Commission found
they were inconsistent with the Commission's record retention
requirement in 18 CFR 284.12(b)(3)(v).\34\ In Version 3.0, NAESB
deleted WGQ Standards 4.3.4 and 10.3.2. NAESB asserts that deleting the
standards avoids any potential conflict between the WGQ Standards and
the Commission mandated requirements for regulated entities or the
retention policies of non-regulated entities. Thus, the Version 3.0
Standards that the Commission is considering for incorporation by
reference no longer conflict with Commission regulations regarding
storage retention.
---------------------------------------------------------------------------
\34\ See, e.g., Standards for Business Practices for Interstate
Natural Gas Pipelines, Final Rule, Order No. 587-T, FERC Stats. &
Regs. ] 31,289, at P 5 & n.9 (2009); see also Order No. 587-V, FERC
Stats. & Regs. ] 31,332 at P 8.
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3. WGQ Interpretations
22. In past rulemakings, the Commission also declined to
incorporate by reference into the Commission's regulations NAESB's
interpretations of NAESB WGQ business practice standards because, while
interpretations may provide useful guidance, they are not
determinative.\35\ In the Version 3.0 Standards, NAESB deleted the
interpretations of standards. NAESB states that the WGQ decided that,
where greater clarity was needed to make standards more easily
understood, it modified and/or added new standards to provide
additional clarity, rather than adopting interpretations.\36\ NAESB
states that moving forward, the WGQ will evaluate new requests for
clarifications or interpretations on a case-by-case basis and plans to
work with the requestor to determine if the request would be more
appropriately framed as a request for a minor correction or a request
for a new and/or modified standard. NAESB asserts that this approach is
similar to the one used by the Wholesale Electric Quadrant. Thus, there
are no NAESB interpretations of its business practice standards for the
Commission to decline to incorporate by reference.
---------------------------------------------------------------------------
\35\ Order No. 587-V, FERC Stats. & Regs. ] 31,332 at P 28.
\36\ In its Version 3.0 Standards, the WGQ revised Standards
1.1.3, 1.2.2, 1.3.3, 1.3.15, 1.3.22, 2.3.9, 2.3.14, 2.3.15, 2.3.26,
3.3.14, 3.3.15, and 4.3.23; added Standard 0.2.5; and deleted
Standard 3.3.2.
---------------------------------------------------------------------------
E. Proposed Implementation Procedures
23. The Commission anticipates acting on the proposed rule in order
to
[[Page 43983]]
permit these standards to become effective April 1, 2016 at the same
time as the Gas-Electric Harmonization standards, with compliance
filings due February 1, 2016. Requiring implementation on the same date
should reduce the compliance burden on the pipelines and avoid
confusion. Requests for waivers that do not meet the requirements set
forth in Order No. 587-V will not be granted. In particular, as we
explained in Order No. 587-V, waivers are unnecessary and will not be
granted when the standard applies only on condition the pipeline
performs a business function and the pipeline currently does not
perform that function.\37\
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\37\ Order No. 587-V, FERC Stats. & Regs. ] 31,332 at P 38(2).
For example, the Commission has denied waivers of NAESB's gas-
electric operational communications standards requested by pipelines
on the grounds that their systems do not connect to power plants.
Trans-Union Interstate Pipeline L.P, 141 FERC ] 61,167, at P 18
(2012).
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24. The Commission is proposing to continue the compliance filing
requirements as revised in Order No. 587-V.\38\ As the Commission found
in Order No. 587-V, adoption of the revised compliance filing
requirements increases the transparency of the pipelines' incorporation
by reference of the NAESB WGQ Standards so that shippers and the
Commission will know which tariff provision(s) implements each standard
as well as the status of each standard.\39\ Likewise, consistent with
past practice, the Commission will post on its eLibrary Web site (under
Docket No. RM96-1-038) a sample tariff format, to provide filers an
illustrative example to aid them in preparing their compliance filings.
Requests for waivers need to comply with the requirements of Order No.
587-V.\40\
---------------------------------------------------------------------------
\38\ Order No. 587-V, FERC Stats. & Regs. ] 31,332 at PP 36-37.
\39\ Id. P 36. To accomplish this, the Commission gave
instructions on how pipelines should designate sections in their
tariff filings.
\40\ Order No. 587-V, FERC Stats. & Regs. ] 31,332 at PP 38-41.
---------------------------------------------------------------------------
25. Consistent with our practice in Order No. 587-V, the pipelines
should designate a single tariff section under which every NAESB
standard incorporated by reference by the Commission is listed.\41\ The
pipeline tariff filings should list all the incorporated standards with
which the pipeline will comply. In addition, for any standard that the
pipeline seeks approval not to comply with, the tariff filing must
identify the standard in question and either identify the provision in
its tariff that complies with the standard; \42\ or provide an
explanation of any waiver, extension of time, or other variance with
respect to compliance with the standard that would excuse
compliance.\43\
---------------------------------------------------------------------------
\41\ This section should be a separate tariff record under the
Commission's electronic tariff filing requirement and be filed
electronically using the eTariff portal using the Type of Filing
Code 580.
\42\ For example, pipelines are required to include the full
text of the NAESB nomination timeline standards (WGQ Standards
1.3.2(i-v) and 5.3.2) in their tariffs. Standards for Business
Practices for Interstate Natural Gas Pipelines, Final Rule, Order
No. 587-U, FERC Stats. & Regs. ] 31,307, at P 39 & n. 42 (2010). The
pipeline would indicate which tariff provision complies with each of
these standards.
\43\ Shippers can use the Commission's electronic tariff system
to locate the tariff record containing the NAESB standards, which
will indicate the docket number in which any waiver or extension of
time was granted.
---------------------------------------------------------------------------
26. If the pipeline is requesting a continuation of an existing
waiver or extension of time, it must include a table in its transmittal
letter that identifies the standard for which a waiver or extension of
time was granted, and the docket number or order citation to the
proceeding in which the waiver or extension was granted. It must also
present an explanation for why such waiver or extension should remain
in force with regard to the WGQ Version 3.0 Business Practice
Standards.
27. This continues the Commission's practice of having pipelines
including in their tariffs a common location that identifies the way
the pipeline is incorporating all the NAESB WGQ Standards and the
standards with which it is required to comply. As explained above, the
Commission will post on its eLibrary Web site (under Docket No. RM96-1-
038) a sample tariff format, to provide filers an illustrative example
to aid them in preparing their compliance filings.\44\
---------------------------------------------------------------------------
\44\ https://www.ferc.gov/docs-filing/elibrary.asp.
---------------------------------------------------------------------------
III. Notice of Use of Voluntary Consensus Standards
28. Office of Management and Budget Circular A-119 (section 11)
(February 10, 1998) provides that federal agencies should publish a
request for comment in a NOPR when the agency is seeking to issue or
revise a regulation proposing to adopt a voluntary consensus standard
or a government-unique standard. In this NOPR, the Commission is
proposing to incorporate by reference voluntary consensus standards
developed by the WGQ.
IV. Incorporation by Reference
29. The Office of the Federal Register requires agencies
incorporating material by reference in final rules to discuss, in the
preamble of the final rule, the ways that the materials it incorporates
by reference are reasonably available to interested parties and how
interested parties can obtain the materials.\45\ The regulations also
require agencies to summarize, in the preamble of the final rule, the
material it incorporates by reference.
---------------------------------------------------------------------------
\45\ 1 CFR 51.5. See Incorporation by Reference, 79 FR 66267
(Nov. 7, 2014).
---------------------------------------------------------------------------
30. The NAESB standards we are proposing in this NOPR to
incorporate by reference are summarized in paragraphs 3-6 above. Our
regulations provide that copies of the NAESB standards incorporated by
reference may be obtained from the North American Energy Standards
Board, 801 Travis Street, Suite 1675, Houston, TX 77002, Phone: (713)
356-0060. NAESB's Web site is at https://www.naesb.org/. Copies may be
inspected at the Federal Energy Regulatory Commission, Public Reference
and Files Maintenance Branch, 888 First Street NE., Washington, DC
20426, Phone: (202) 502-8371, https://www.ferc.gov.\46\
---------------------------------------------------------------------------
\46\ 18 CFR 284.12.
---------------------------------------------------------------------------
31. NAESB is a private consensus standards developer that develops
voluntary wholesale and retail standards related to the energy
industry. The procedures used by NAESB make its standards reasonably
available to those affected by the Commission regulations, which is
comprised of entities that have the means to acquire the information
they need to effectively participate in Commission proceedings.
Participants can join NAESB, for an annual membership cost of only
$7,000, which entitles them to full participation in NAESB and enables
them to obtain these standards at no additional cost.\47\ Non-members
may obtain the Individual Standards Manual or Booklets for each of the
seven Manuals by email for $250 per manual, which in the case of these
standards would total $1,750.\48\ Nonmembers also may obtain the
complete set of Standards Manuals, Booklets, and Contracts on CD for
$2,000. NAESB also provides a free electronic read-only version of the
standards for a three business day period or, in the case of a
regulatory comment period, through the end of the comment period.\49\
In addition, NAESB considers requests for waivers of the
[[Page 43984]]
charges on a case-by-case basis depending on need.
---------------------------------------------------------------------------
\47\ North American Energy Standards Board Membership
Application, https://www.naesb.org/pdf4/naesbapp.pdf.
\48\ NAESB Materials Order Form, https://www.naesb.org//pdf/ordrform.pdf.
\49\ Procedures for non-members to evaluate work products before
purchasing, https://www.naesb.org/misc/NAESB_Nonmember_Evaluation.pdf. See Incorporation by Reference, 79
FR at 66271, n. 51 & 53 (Nov. 7, 2014) (citing to NAESB's procedure
of providing ``no-cost, no-print electronic access'', NAESB Comment,
at 1, available at https://www.regulations.gov/#!documentDetail;D=OFR-2013-0001-0023).
---------------------------------------------------------------------------
V. Information Collection Statement
32. The following collections of information contained in this
proposed rule are being submitted to the Office of Management and
Budget (OMB) for review under section 3507(d) of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3507(d). Upon approval of a
collection(s) of information, OMB will assign an OMB control number and
an expiration date. Respondents subject to the filing requirements of a
rule will not be penalized for failing to respond to these collections
of information unless the collections of information display a valid
OMB control number.
33. The Commission solicits comments on the Commission's need for
this information, whether the information will have practical utility,
the accuracy of the provided burden estimates, ways to enhance the
quality, utility, and clarity of the information to be collected, and
any suggested methods for minimizing respondents' burden, including the
use of automated information techniques.
Public Reporting Burden: The Commission's burden estimates for the
proposals in this NOPR are for one-time implementation of the
information collection requirements of this NOPR (including tariff
filing, documentation of the process and procedures, and IT work). The
collections of information related to this NOPR fall under FERC-545
(Gas Pipeline Rates: Rate Change (Non-Formal)) \50\ and FERC-549C
(Standards for Business Practices of Interstate Natural Gas
Pipelines).\51\ The following estimates of reporting burden are related
only to this NOPR and anticipate the costs to pipelines for compliance
with the Commission's proposals in this NOPR.\52\ The burden estimates
are primarily related to start-up to implement these standards and
regulations and will not result in ongoing costs.
---------------------------------------------------------------------------
\50\ FERC-545 covers rate change filings made by natural gas
pipelines, including tariff changes.
\51\ FERC-549C covers Standards for Business Practices of
Interstate Natural Gas Pipelines.
\52\ We note that although this NOPR proposes a minor revision
to section 260.8, we are not including Form No. 567 (OMB No. 1902-
005) as part of this burden estimate because we estimate that the
substitution of proprietary codes for common codes in the system
flow diagrams submitted under section 260.8 will not increase the
burden of filing that form. The same is true with regard to the
identical revisions we are proposing to sections 157.14 and 157.18,
Form No. 537 (OMB No. 1902-0060). Likewise, we estimate that our
proposed revision to Form 549B (OMB No. 1902-0169), see https://www.ferc.gov/docs-filing/forms.asp, which changes the point record
for Point identification Code Qualifier (Item ID yj) and Point
Identification Code (Item ID yk) will not increase the burden of
filing that form.
RM96-1-038, Standards for Business Practices of Interstate Natural Gas Pipelines
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total annual
Number of Annual number of Total number of Average burden & burden hours & Cost per
respondents \53\ responses per responses cost per total annual respondent \54\
respondent response cost ($)
(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) / (1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-545 \55\............................... 165 1 165 10 1,650 $138,056
FERC-549C................................... 165 1 165 22 3,630 303,722
-----------------------------------------------------------------------------------------------------------
Totals.................................. ................ ................ ................ ................ 5,280 441,778
--------------------------------------------------------------------------------------------------------------------------------------------------------
Information Collection Costs: The Commission seeks comments on the
costs to comply with these requirements. It has projected the average
annualized cost for all respondents to be the following:
---------------------------------------------------------------------------
\53\ The number of respondents is the number of entities in
which a change in burden from the current standards to the proposed
exists, not the total number of entities from the current or
proposed standards that are applicable.
\54\ Wage data is based on the Bureau of Labor Statistics data
for 2012 (``May 2012 National Industry-Specific Occupational
Employment and Wage Estimates, [for] Sector 22--Utilities'' at
https://bls.gov/oes/current/naics2_22.htm) and is compiled for the
top 10 percent earned. For the estimate of the benefits component,
see https://www.bls.gov/news.release/ecec.nr0.htm.
\55\ The mean hourly cost of tariff filings and implementation
for interstate natural gas pipelines is $83.67. This represents the
average composite wage (salary and benefits for 2,080 annual work-
hours) of the following occupational categories: ``Legal'' ($128.02
per hour), ``Computer Analyst'' ($83.50 per hour), and ``Office and
Administrative'' ($39.49 per hour). Wage data is available from the
Bureau of Labor Statistics at https://bls.gov/oes/current/naics2_22.htm and is compiled for the top 10 percent earned. For the
estimate of the benefits component, see https://www.bls.gov/news.release/ecec.nr0.htm.
------------------------------------------------------------------------
FERC-545 FERC-549C
------------------------------------------------------------------------
Annualized Capital/Startup Costs........ $138,056 $303,722
Annualized Costs (Operations & N/A N/A
Maintenance)...........................
-------------------------------
Total Annualized Costs.............. 138,056 303,722
------------------------------------------------------------------------
Total Cost for all Respondents = $441,778.
OMB regulations require OMB to approve certain information
collection requirements imposed by agency rule. The Commission is
submitting notification of this proposed rule to OMB. These information
collections are mandatory requirements.
Title: FERC-545, Gas Pipeline Rates: Rates Change (Non-Formal);
FERC-549C, Standards for Business Practices of Interstate Natural Gas
Pipelines.
Action: Proposed collections.
OMB Control Nos.: 1902-0154, 1902-0174.
Respondents: Business or other for profit, (i.e., Natural Gas
Pipelines, applicable to only a few small businesses.) Although the
intraday reporting requirements will affect electric plant operators,
the Commission is not imposing the reporting burden of adopting these
standards on those entities.
Frequency of Responses: One-time implementation (business
procedures, capital/start-up).
Necessity of Information: The proposals in this NOPR would, if
implemented, upgrade the Commission's current business practices and
communication standards by specifically: (1) Requiring the posting of
information on requests to purchase
[[Page 43985]]
releasable capacity on a pipeline's Web site; (2) revising standards to
support the elimination of NAESB WGQ interpretations; (3) revising
standards to add new data elements; and (4) revising standards related
to the technical implementation and data sets for the NAESB WGQ
Standards.
The implementation of these data requirements will provide
additional transparency to informational posting Web sites and will
improve communication standards, including gas-electric communications.
The implementation of these standards and regulations will promote the
additional efficiency and reliability of the gas industries' operations
thereby helping the Commission to carry out its responsibilities under
the Natural Gas Act of promoting the efficiency and reliability of the
gas industries' operations. In addition, the Commission's Office of
Enforcement will use the data for general industry oversight.
Internal Review: The Commission has reviewed the requirements
pertaining to business practices of natural gas pipelines and made a
preliminary determination that the proposed revisions are necessary to
establish more efficient coordination between the gas and electric
industries. Requiring such information ensures both a common means of
communication and common business practices to limit miscommunication
for participants engaged in the sale of electric energy at wholesale
and the transportation of natural gas. These requirements conform to
the Commission's plan for efficient information collection,
communication, and management within the natural gas pipeline
industries. The Commission has assured itself, by means of its internal
review, that there is specific, objective support for the burden
estimates associated with the information requirements.
34. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426 [Attention:
Ellen Brown, Office of the Executive Director, email:
DataClearance@ferc.gov, phone: (202) 502-8663, fax: (202) 273-0873].
35. Comments concerning the collection of information(s) and the
associated burden estimate(s), should be sent to the contact listed
above and to the Office of Management and Budget, Office of Information
and Regulatory Affairs, Washington, DC 20503 [Attention: Desk Officer
for the Federal Energy Regulatory Commission, telephone: (202) 395-
0710, fax: (202) 395-4718].
VI. Environmental Analysis
36. 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.\56\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\57\ The actions proposed here fall within categorical
exclusions in the Commission's regulations for rules that are
clarifying, corrective, or procedural, for information gathering,
analysis, and dissemination, and for sales, exchange, and
transportation of natural gas that requires no construction of
facilities.\58\ Therefore, an environmental assessment is unnecessary
and has not been prepared as part of this NOPR.
---------------------------------------------------------------------------
\56\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. Regulations Preambles 1986-1990 ] 30,783 (1987).
\57\ 18 CFR 380.4.
\58\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27).
---------------------------------------------------------------------------
VII. Regulatory Flexibility Act Analysis and Certification
37. The Regulatory Flexibility Act of 1980 (RFA) \59\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and that minimize
any significant economic impact on a substantial number of small
entities. The Small Business Administration's (SBA) Office of Size
Standards develops the numerical definition of a small business.\60\
The SBA has established a size standard for pipelines transporting
natural gas, stating that a firm is small if its annual receipts are
less than $25.5 million.\61\
---------------------------------------------------------------------------
\59\ 5 U.S.C. 601-612.
\60\ 13 CFR 121.101.
\61\ 13 CFR 121.201, subsection 486.
---------------------------------------------------------------------------
38. The regulations proposed here impose requirements only on
interstate pipelines, the majority of which are not small businesses.
Most companies regulated by the Commission do not fall within the RFA's
definition of a small entity. Approximately 165 entities are potential
respondents subject to data collection FERC-545 reporting requirements
and also are subject to data collection FERC 549-C reporting
requirements. Nearly all of these entities are large entities. For the
year 2012 (the most recent year for which information is available),
only eleven companies not affiliated with larger companies had annual
revenues of less than $25.5 million and are defined by the SBA as
``small entities.'' These companies constitute about seven percent of
the total universe of potential respondents. The Commission estimates
that the one-time implementation cost of the proposals in this NOPR is
$441,778 (or $2,677 per entity, regardless of entity size).\62\ The
Commission does not consider the estimated $2,677 impact per entity to
be significant. Moreover, these requirements are designed to benefit
all customers, including small businesses that must comply with them.
Further, as noted above, adoption of consensus standards helps ensure
the reasonableness of the standards by requiring that the standards
draw support from a broad spectrum of industry participants
representing all segments of the industry. Because of that
representation and the fact that industry conducts business under these
standards, the Commission's regulations should reflect those standards
that have the widest possible support.
---------------------------------------------------------------------------
\62\ This number is derived by dividing the total cost figure by
the number of respondents. $441,778/165 = $2,677.
---------------------------------------------------------------------------
39. Accordingly, pursuant to Sec. 605(b) of the RFA,\63\ the
regulations proposed herein should not have a significant economic
impact on a substantial number of small entities.
---------------------------------------------------------------------------
\63\ 5 U.S.C. 605(b).
---------------------------------------------------------------------------
VIII. Comment Procedures
40. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due August 24, 2015. Comments must refer to
Docket No. RM96-1-038, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
41. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at https://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
42. Commenters that are not able to file comments electronically
must send
[[Page 43986]]
an original of their comments to: Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First Street NE., Washington, DC
20426.
43. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
IX. Document Availability
44. 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 the Commission's Home Page (https://www.ferc.gov) and
in the Commission'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.
45. From the Commission'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.
46. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's 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.
List of Subjects in 18 CFR Parts 157, 260, and 284
Incorporation by reference, Natural gas, Reporting and
recordkeeping requirements.
By direction of the Commission.
Issued: July 16, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission proposes to amend
parts 157, 260, and 284, chapter I, title 18, Code of Federal
Regulations, as follows.
PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT
0
1. The authority citation for part 157 continues to read as follows:
Authority: 15 U.S.C. 717-717Z.
0
2. Section 157.14 is amended by revising paragraph (a) to read as
follows:
Sec. 157.14 Exhibits.
(a) To be attached to each application. All exhibits specified must
accompany each application when tendered for filing. Together with each
exhibit applicant must provide a full and complete explanation of the
data submitted, the manner in which it was obtained, and the reasons
for the conclusions derived from the exhibits. If the Commission
determines that a formal hearing upon the application is required or
that testimony and hearing exhibits should be filed, the Secretary will
promptly notify the applicant that submittal of all exhibits and
testimony of all witnesses to be sponsored by the applicant in support
of his case-in-chief is required. Submittal of these exhibits and
testimony must be within 20 days from the date of the Secretary's
notice, or any other time as the Secretary will specify. Exhibits,
except exhibits F, F-1, G, G-I, G-II, and H(iv), must be submitted to
the Commission on electronic media as prescribed in Sec. 385.2011 of
this chapter. Receipt and delivery point information required in
various exhibits must be labeled with a location point name in
accordance with the name adopted in Sec. 284.12 of this chapter.
* * * * *
0
3. Section 157.18 is amended by revising paragraph (c) to read as
follows:
Sec. 157.18 Applications to abandon facilities or service; exhibits.
* * * * *
(c) Exhibit V--Flow diagram showing daily design capacity and
reflecting operation of applicant's system after abandonment. Receipt
and delivery point information required in various exhibits must be
labeled with a location point name in accordance with the name adopted
in Sec. 284.12 of this chapter. A flow diagram showing daily design
capacity and reflecting operating conditions of applicant's system
after abandonment of facilities on that segment of the system affected
by the abandonment, including the following:
* * * * *
PART 260--STATEMENTS AND REPORTS (SCHEDULES)
0
4. The authority citation for part 260 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.
0
5. Section 260.8 is amended by revising paragraph (a) to read as
follows:
Sec. 260.8 System flow diagrams: Format No. FERC 567.
(a) Each Major natural gas pipeline company, having a system
delivery capacity in excess of 100,000 Mcf per day (measured at 14.73
p.s.i.a. and 60 [deg]F), shall file with the Commission by June 1 of
each year five (5) copies of a diagram or diagrams reflecting operating
conditions on its main transmission system during the previous twelve
months ended December 31. For purposes of system peak deliveries, the
heating season overlapping the year's end shall be used. Facilities
shall be those installed and in operation on December 31 of the
reporting year. All volumes shall be reported on a uniform stated
pressure and temperature base. Receipt and delivery point information
required in various exhibits must be labeled with a location point name
in accordance with the name adopted in Sec. 284.12 of this chapter.
* * * * *
PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES
0
6. The authority citation for part 284 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352;
43 U.S.C. 1331-1356.
0
7. Section 284.12 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 284.12 Standards for pipeline business operations and
communications.
(a) * * *
(1) An interstate pipeline that transports gas under subparts B or
G of this part must comply with the business practices and electronic
communications standards as promulgated by the North American Energy
Standards Board, as incorporated herein by reference in paragraphs
(a)(1)(i) thru (vii) of this section, and as revised by Minor
Correction/Clarification MC15009 and Minor Correction/Clarification
MC15012, as incorporated herein by reference in paragraphs (a)(1)(viii)
and (ix) of this section.
[[Page 43987]]
(i) Additional Standards (Version 3.0, November 14, 2014);
(ii) Nominations Related Standards (Version 3.0, November 14,
2014);
(iii) Flowing Gas Related Standards (Version 3.0, November 14,
2014);
(iv) Invoicing Related Standards (Version 3.0, November 14, 2014);
(v) Quadrant Electronic Delivery Mechanism Related Standards
(Version 3.0, November 14, 2014);
(vi) Capacity Release Related Standards (Version 3.0, November 14,
2014);
(vii) Internet Electronic Transport Related Standards (Version 3.0,
November 14, 2014);
(viii) Minor Correction/Clarification, Request No. MC15009,
approved April 30, 2015; and
(ix) Minor Correction/Clarification, Request No. MC15012, approved
May 29, 2015.
* * * * *
0
8. Section 284.13 is amended by revising paragraph (c)(2)(vi) to read
as follows:
Sec. 284.13 Reporting requirements for interstate pipelines.
* * * * *
(c) * * *
(2) * * *
(vi) The receipt and delivery points and the zones or segments
covered by the contract in which the capacity is held, including the
location code for each point zone or segment along with a posting on
the pipeline's Web site that identifies active and inactive points, the
date the point becomes active or inactive, the location of the point,
and an identification of the upstream or downstream entity, if any, at
that point;
* * * * *
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix
List of Revisions in NAESB's WGQ Version 3.0 Business Practice
Standards to Its Prior Business Practice Standards
Version 3.0 makes the following changes to the Version 2.1
Standards:
a. Revises Standards 0.3.28, 1.1.3, 1.3.1, 1.3.2 through 1.3.5,
1.3.7 through 1.3.9, 1.3.11, 1.3.13 through 1.3.15, 1.3.22, 1.3.27,
1.3.33, 1.3.41, 1.3.42, 1.3.51, 1.3.80, 2.3.5, 2.3.9, 2.3.14,
2.3.15, 2.3.21, 2.3.26, 2.3.40, 2.3.46, 2.3.47, 3.3.3, 3.3.7,
3.3.14, 3.3.15, 4.3.2, 4.3.3, 4.3.16, 4.3.23, 4.3.35, 4.3.45,
4.3.46, 4.3.54, 4.3.90, 5.3.2, 5.3.32, 5.3.44, 5.3.45, 5.3.48,
5.3.49, 5.3.53, 5.3.54, 5.3.56; Datasets 0.4.1, 0.4.2, 0.4.4, 1.4.1
through 1.4.7, 2.4.1 through 2.4.11, 2.4.17, 2.4.18, 3.4.1 through
3.4.4, 5.4.14 through 5.4.17, 5.4.20 through 5.4.27; Principles
1.1.15, 1.1.18, 2.1.5; and Definitions 1.2.2, 1.2.4, 2.2.5.
b. Adds Standards 0.2.5, 4.3.105, 5.3.73.
c. Deletes Standards 1.3.52, 2.3.49, 3.3.2, 3.3.20, 4.3.4,
4.3.39, 4.3.65, 5.3.27, 10.3.2; Datasets 2.4.12 through 2.4.16; and
Principles 1.1.5, 1.1.7, 1.1.9, 1.1.17, 4.1.31.
Version 2.1 made the following changes to the Version 2.0
Standards:
a. Revises Standards 0.3.18, 0.3.20, 0.3.21, 1.3.27, 1.3.55,
1.3.73, 2.3.32, 4.3.23, 4.3.28, 4.3.35, 4.3.52, 4.3.67, 5.3.2,
5.3.4, 5.3.26, 5.3.38, 5.3.70, 5.3.71, 6.5.2, 7.3.16, 7.3.27;
Datasets 0.4.1 through 0.4.3, 1.4.1 through 1.4.7, 2.4.1 through
2.4.7, 2.4.9 through 2.4.11, 2.4.13 through 2.4.18, 3.4.1 through
3.4.4, 5.4.14 through 5.4.17, 5.4.20 through 5.4.22, 5.4.24 through
5.4.26; and Definitions 10.2.8, 10.2.30.
b. Adds Standards 0.3.23 through 0.3.29, 1.3.58, 1.3.73, 1.3.81,
2.3.66, 4.3.103, 4.3.104; and Dataset 0.4.4.
c. Deletes Standards 0.3.19, 1.3.47, 1.3.49, 1.3.50, 1.3.54,
1.3.57, 1.3.59 through 1.3.61, 1.3.63, 2.3.33 through 2.3.35, 3.3.1,
4.3.39, 4.3.51, 4.3.56, 4.3.59, 4.3.73, 4.3.74, 4.3.76.
[FR Doc. 2015-17921 Filed 7-23-15; 8:45 am]
BILLING CODE 6717-01-P