Commission Information Collection Activity (FERC-549); Comment Request; Extension, 60670-60673 [2022-21764]
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60670
Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Notices
2022, and September 15, 2022.7
Similarly on May 2 and May 10, 2022,
Commission staff issued information
requests to Rio Bravo to address
deficiencies noted in the D.C. Circuit’s
August 3, 2021 decision, to which Rio
Bravo provided responses on June 1,
2022.
By this notice, Commission staff
requests public comments on the issues
addressed in Rio Grande’s and Rio
Bravo’s responses to staff’s abovereferenced information requests of May
2, May 10, August 16, and August 31,
2022, regarding environmental justice
communities, visual impacts, air quality
modeling, and emergency planning.
Any person wishing to comment on
these issues may do so.
To ensure that your comments within
the scope of this notice are timely and
properly recorded, please submit your
initial comments no later than October
21, 2022. Reply comments are due no
later than November 4, 2022.
There are three methods you can use
to submit your comments to the
Commission. Please carefully follow
these instructions so that your
comments are properly recorded. The
Commission encourages electronic filing
of comments and has staff available to
assist you at (866) 208–3676 or
FercOnlineSupport@ferc.gov.
(1) You can file your comments
electronically using the eComment
feature, which is located on the
Commission’s website (www.ferc.gov)
under the link to FERC Online. Using
eComment is an easy method for
submitting brief, text-only comments on
a project;
(2) You can file your comments
electronically by using the eFiling
feature, which is located on the
Commission’s website (www.ferc.gov)
under the link to FERC Online. With
eFiling, you can provide comments in a
variety of formats by attaching them as
a file with your submission. New
eFiling users must first create an
account by clicking on ‘‘eRegister.’’ You
will be asked to select the type of filing
you are making; a comment on a
particular project is considered a
‘‘Comment on a Filing’’;
(3) You can file a paper copy of your
comments by mailing them to the
Commission. Be sure to reference the
project docket number (CP16–454–000
and CP16–455–000) on your letter.
Submissions sent via the U.S. Postal
Service must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street
7 Rio Grande submitted a partial response on
August 22, 2022, addressing questions related to air
modeling and environmental justice.
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NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier
must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
Additional information about the
project, including copies of the abovereferenced information requests and
responses, are available from the
Commission’s Office of External Affairs,
at (866) 208–FERC, or on the FERC
website at www.ferc.gov using the
eLibrary link. Click on the eLibrary link,
click on ‘‘General Search’’ and enter the
docket number in the ‘‘Docket Number’’
field. Be sure you have selected an
appropriate date range. For assistance,
please contact FERC Online Support at
FercOnlineSupport@ferc.gov or (866)
208–3676, or for TTY, contact (202)
502–8659. The eLibrary link also
provides access to the texts of all formal
documents issued by the Commission,
such as orders, notices, and
rulemakings.
Dated: September 30, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022–21783 Filed 10–5–22; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC22–17–000]
Commission Information Collection
Activity (FERC–549); Comment
Request; Extension
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of information collection
and request for comments.
AGENCY:
In compliance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Energy Regulatory Commission
(Commission or FERC) is soliciting
public comment on the currently
approved information collections,
FERC–549 (NGPA Section 311
Transactions and NGA Blanket
Certificate Transactions).
DATES: Comments on the collections of
information are due December 5, 2022.
ADDRESSES: You may submit your
comments (identified by Docket No.
IC22–17–000) on FERC–549 by one of
the following methods:
Electronic filing through https://
www.ferc.gov is preferred.
• Electronic Filing: Documents must
be filed in acceptable native
SUMMARY:
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applications and print-to-PDF, but not
in scanned or picture format.
• For those unable to file
electronically, comments may be filed
by USPS mail or by hand (including
courier) delivery:
Æ Mail via U.S. Postal Service Only:
Addressed to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE,
Washington, DC 20426.
Æ Hand (including courier) delivery:
Deliver to: Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
Instructions: All submissions must be
formatted and filed in accordance with
submission guidelines at: https://
www.ferc.gov. For user assistance,
contact FERC Online Support by email
at ferconlinesupport@ferc.gov, or by
phone at (866) 208–3676 (toll-free).
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov, or by
telephone at (202) 502–8663.
SUPPLEMENTARY INFORMATION:
Title: NGPA Section 311 Transactions
and NGA Blanket Certificate
Transactions.
OMB Control No.: 1902–0086.
Type of Request: Three-year extension
of the FERC–549 information collection
requirements with a revision to account
for the differences between filings
seeking initial approval and those
disclosing a change in circumstances.
Abstract: FERC–549 is required to
implement portions of the following
statutory provisions: (1) Section 311 of
the Natural Gas Policy Act (NGPA) (15
U.S.C. 3371); (2) Section 4(f) of the
Natural Gas Act (NGA) (15 U.S.C.
717c(f)); and (3) Section 7 of the NGA
(15 U.S.C. 717f). The reporting
requirements for implementing these
provisions are contained in 18 CFR part
284.
Transportation by Interstate Pipelines
for Intrastate Pipelines and Local
Distribution Companies
Under section 311(a)(1) of the NGPA
and 18 CFR 284.101 and 284.102, any
interstate pipeline may transport natural
gas without prior Commission approval
‘‘on behalf of’’ an intrastate pipeline or
a local distribution company (LDC). The
regulation at 18 CFR 284.102(d)
provides that the transportation is not
‘‘on behalf of’’ an intrastate pipeline or
an LDC unless one of three conditions
is met:
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(1) The interstate pipeline or LDC has
physical custody of and transports the
natural gas at some point;
(2) The intrastate pipeline or LDC
holds title to the natural gas at some
point, which may occur prior to, during,
or after the time that the gas is being
transported by the interstate pipeline,
for a purpose related to its status and
functions as a local distribution
company; or
(3) The gas is delivered at some point
to a customer that either is located in an
LDC’s service area or is physically able
to receive direct deliveries of gas from
an intrastate pipeline, and the LDC or
intrastate pipeline certifies that it is on
its behalf that the interstate pipeline is
providing transportation service.
The certification requirement in the
third condition described at 18 CFR
284.102(d)(3) is included in the burden
table (below) as part of the information
collection activity labeled
‘‘Transportation by Pipelines.’’ Before
commencing service as described in
paragraph (d)(3), the interstate pipeline
that is providing the transportation must
receive certification from the pertinent
LDC or intrastate pipeline consisting of
a letter from the intrastate pipeline or
LDC authorizing the interstate pipeline
to ship gas on its behalf, and sufficient
information to verify that the service
qualifies under 18 CFR 284.102.
Transportation by Intrastate Pipelines
for Interstate Pipelines or LDCs Served
by an Interstate Pipeline
Under section 311(a)(2) of the NGPA
and 18 CFR 284.122 and 284.123, any
intrastate pipeline may, without prior
Commission approval, transport natural
gas on behalf of any interstate pipeline
or any LDC served by an interstate
pipeline. No rate charged for such
transportation may exceed a fair and
equitable rate. The filing requirements
described below are included in the
burden table (below) as part of the
information collection activity labeled
‘‘Transportation by Pipelines.’’
The regulation at 18 CFR 284.123(b)
provides that intrastate gas pipeline
companies must file for Commission
approval of rates for services performed
in the interstate transportation of gas.
An intrastate gas pipeline company may
elect to use rates contained in one of its
then effective transportation rate
schedules on file with an appropriate
state regulatory agency for intrastate
service comparable to the interstate
service or file proposed rates and
supporting information showing the
rates are cost based and are fair and
equitable. It is the Commission policy
that each pipeline must file at least
every five years to ensure its rates are
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fair and equitable. Depending on the
business process used, either 60 or 150
days after the application is filed, the
rate is deemed to be fair and equitable
unless the Commission either extends
the time for action, institutes a
proceeding or issues an order providing
for rates it deems to be fair and
equitable.
The regulation at 18 CFR 284.123(e)
requires that within 30 days of
commencement of new service any
intrastate pipeline engaging in the
transportation of gas in interstate
commerce must file a statement that
includes the interstate rates and a
description of how the pipeline will
engage in the transportation services,
including operating conditions. If an
intrastate gas pipeline company changes
its operations or rates it must amend the
statement on file with the Commission.
Such amendment is to be filed not later
than 30 days after commencement of the
change in operations or change in rate
election.
Initial Approval of Market-Based Rates
for Storage
Section 4(f) of the NGA authorizes the
Commission to permit natural gas
storage service providers to charge
market-based rates for storage, subject to
conditions and requirements set forth in
the statute. The Commission
implements this authority under 18 CFR
284.501 through 284.505. An applicant
may apply for market-based rates by
filing a request for a market-power
determination that complies with the
following:
(a) The applicant must set forth its
specific request and adequately
demonstrate that it lacks market power
in the market to be served, and must
include an executive summary of its
statement of position and a statement of
material facts in addition to its complete
statement of position. The statement of
material facts must include citation to
the supporting statements, exhibits,
affidavits, and prepared testimony.
The regulation at 18 CFR 284.503
requires that an application to charge
market-based rate for storage services
must include the following information:
(1) Statement A—geographic market.
This statement must describe the
geographic markets for storage services
in which the applicant seeks to establish
that it lacks significant market power. It
must include the market related to the
service for which it proposes to charge
market-based rates. The statement must
explain why the applicant’s method for
selecting the geographic markets is
appropriate.
(2) Statement B—product market.
This statement must identify the
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60671
product market or markets for which the
applicant seeks to establish that it lacks
significant market power. The statement
must explain why the particular product
definition is appropriate.
(3) Statement C—the applicant’s
facilities and services. This statement
must describe the applicant’s own
facilities and services, and those of all
parent, subsidiary, or affiliated
companies, in the relevant markets
identified in Statements A and B in
paragraphs (b)(1) and (2) of this section.
The statement must include all
pertinent data about the storage
facilities and services.
(4) Statement D—competitive
alternatives. This statement must
describe available alternatives in
competition with the applicant in the
relevant markets and other competition
constraining the applicant’s rates in
those markets. Such proposed
alternatives may include an appropriate
combination of other storage, local gas
supply, LNG, financial instruments and
pipeline capacity. These alternatives
must be shown to be reasonably
available as a substitute in the area to be
served soon enough, at a price low
enough, and with a quality high enough
to be a reasonable alternative to the
applicant’s services. Capacity
(transportation, storage, LNG, or
production) owned or controlled by the
applicant and affiliates of the applicant
in the relevant market shall be clearly
and fully identified and may not be
considered as alternatives competing
with the applicant. Rather, the capacity
of an applicant’s affiliates is to be
included in the market share calculated
for the applicant. To the extent
available, the statement must include all
pertinent data about storage or other
alternatives and other constraining
competition.
(5) Statement E—potential
competition. This statement must
describe potential competition in the
relevant markets. To the extent
available, the statement must include
data about the potential competitors,
including their costs, and their distance
in miles from the applicant’s facilities
and major consuming markets. This
statement must also describe any
relevant barriers to entry and the
applicant’s assessment of whether ease
of entry is an effective counter to
attempts to exercise market power in the
relevant markets.
(6) Statement F—maps. This
statement must consist of maps showing
the applicant’s principal facilities,
pipelines to which the applicant intends
to interconnect and other pipelines
within the area to be served, the
direction of flow of each line, the
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Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Notices
location of the alternatives to the
applicant’s service offerings, including
their distance in miles from the
applicant’s facility. The statement must
include a general system map and maps
by geographic markets. The information
required by this statement may be on
separate pages.
(7) Statement G—market-power
measures. This statement must set forth
the calculation of the market
concentration of the relevant markets
using the Herfindahl-Hirschman Index.
The statement must also set forth the
applicant’s market share, inclusive of
affiliated service offerings, in the
markets to be served. The statement
must also set forth the calculation of
other market-power measures relied on
by the applicant. The statement must
include complete particulars about the
applicant’s calculations.
(8) Statement H—other factors. This
statement must describe any other
factors that bear on the issue of whether
the applicant lacks significant market
power in the relevant markets. The
description must explain why those
other factors are pertinent.
(9) Statement I—prepared testimony.
This statement must include the
proposed testimony in support of the
application and will serve as the
applicant’s case-in-chief, if the
Commission sets the application for
hearing. The proposed witness must
subscribe to the testimony and swear
that all statements of fact contained in
the proposed testimony are true and
correct to the best of his or her
knowledge, information, and belief. The
regulation at 18 CFR 284.505(a),
requires: (1) a demonstration that
market-based rates are in the public
interest and necessary to encourage the
construction of storage capacity in an
area needing storage services, and (2) an
explanation of what means the storage
service provider will use to protect
customers from the potential exercise of
market power.
Market Based-Rates—Notice of Change
in Circumstances
The Commission’s regulations at 18
CFR 284.504(b) provide that a storage
service provider granted the authority to
charge market-based rates is required to
notify the Commission within 10 days
of acquiring knowledge of significant
change occurring in its market power
status. The notification should include
a detailed description of the new
facilities/services and their relationship
to the storage service provider.
Significant changes include: (1) The
storage provider expanding its storage
capacity beyond the amount authorized;
(2) The storage provider acquiring
transportation facilities or additional
storage capacity; (3) An affiliate
providing storage or transportation
services in the same market area; and (4)
The storage provider or an affiliate
acquiring an interest in or is acquired by
an interstate pipeline.
Code of Conduct Record Retention
The Commission’s regulations at 18
CFR 284.288(b) and 284.403(b),
respectively, impose a record retention
requirement contained in a Code of
Conduct applicable to: (1) interstate
pipelines that provide unbundled
natural gas sales service,1 and (2)
persons who are not interstate pipelines
and whose sales of natural gas are
authorized by the ‘‘automatic’’ blanket
marketing certificate granted by
operation of 18 CFR 284.402.2 Any
entity fitting one of those descriptions
must retain, for a period of five years,
all data and information upon which it
billed the prices it charged for natural
gas it sold pursuant to its market based
sales certificate or the prices it reported
for use in price indices.
FERC uses these records to monitor
the jurisdictional transportation
activities and unbundled sales activities
of interstate natural gas pipelines and
blanket marketing certificate holders.
The record retention period of five
years is necessary due to the importance
of records related to any investigation of
possible wrongdoing and related to
assuring compliance with the codes of
conduct and the integrity of the market.
The requirement is necessary to ensure
consistency with 18 CFR 1c.1
(‘‘Prohibition of Natural Gas Market
Manipulation’’) and the generally
applicable five-year statute of
limitations where the Commission seeks
civil penalties for violations of the antimanipulation rules or other rules,
regulations, or orders to which the price
data may be relevant.
Failure to have this information
available would mean the Commission
would have difficulty performing its
regulatory functions and to monitor and
evaluate transactions and operations of
interstate pipelines and blanket
marketing certificate holders. The Code
of Conduct Record Retention burden 3
associated with the FERC–549 includes
both labor 4 and storage costs.
Type of Respondents: Jurisdictional
interstate and intrastate natural gas
pipelines.
Estimate of Annual Burden: 5 The
Commission estimates the annual
burden and labor costs for the
information collection as follows:
FERC–549—ESTIMATED LABOR COSTS FOR NGPA SECTION 311 TRANSACTIONS, NGA BLANKET CERTIFICATE
TRANSACTION, AND RECORD RETENTION
A
Number of
respondents
B
Annual
number of
responses per
respondent
D
Average
burden hrs.
& cost ($) 6
per response
C
Total
number of
responses
(Column A × Column B)
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Transportation by Pipelines ....
MBR—Initial Approval .............
MBR—Change in Circumstances 7.
43
1
5
2
1
1
1 As defined at 18 CFR 284.282(c), unbundled
sales service is gas sales service that is sold
separately from transportation service.
2 The regulation at section 284.402(a) provides
that any person who is not an interstate pipeline is
granted a blanket certificate of public convenience
and necessity, pursuant to section 7 of the NGA,
that authorizes the certificate holder to make sales
for resale of natural gas at negotiated rates in
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86
1
5
50 hrs.; $4,550 .........
350 hrs.; $31,850 .....
75 hrs.; $6,825 .........
interstate commerce. Section 2(1) of the NGA (15
U.S.C. 717a(1)) defines a ‘‘person’’ to include an
individual or corporation.
3 18 CFR 284.288(b) and 18 CFR 284.403(b)
4 The $35.83 hourly cost figure comes from the
average cost (wages plus benefits) of a file clerk
(Occupation Code 43–4071) as posted on the BLS
website (https://www.bls.gov/oes/current/naics2_
22.htm).
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E
Total annual
burden hours
& total
annual cost
F
Cost per
respondent
($)
(Column C × Column D)
($)
(Column E ÷
Column A)
4,300 hrs.; $391,300 ..........
350 hrs.; $31,850 ...............
375 hrs.; $6,825 .................
$9,100
31,850
1,365
5 The Commission defines burden as the total
time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or
provide information to or for a federal agency. For
further explanation of what is included in the
information collection burden, refer to 5 CFR
1320.3.
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Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Notices
60673
FERC–549—ESTIMATED LABOR COSTS FOR NGPA SECTION 311 TRANSACTIONS, NGA BLANKET CERTIFICATE
TRANSACTION, AND RECORD RETENTION—Continued
A
Number of
respondents
B
Annual
number of
responses per
respondent
D
Average
burden hrs.
& cost ($) 6
per response
C
Total
number of
responses
(Column A × Column B)
F
Cost per
respondent
($)
(Column C × Column D)
($)
(Column E ÷
Column A)
Record Retention ....................
299
1
299
1 hr.; $38.71 .............
299 hrs.; $11,574.29 ..........
38.71
Totals ...............................
348
........................
391
...................................
5,324 hrs.; $441,549 ..........
........................
Storage Cost: 8 In addition to the labor
costs for record retention, non-labor
costs of record retention and storage are
estimated as follows:
• Paper storage costs (using an
estimate of 12.5 cubic feet × $6.46 per
cubic foot): $80.75 per respondent
annually. Total annual paper storage
cost to industry ($80.75 × 299
respondents): $24,144.25. This estimate
assumes that a respondent stores 12.5
cubic feet of paper. We expect that this
estimate should trend downward over
time as more companies move away
from paper storage and rely more
heavily on electronic storage.
• Electronic storage costs: $3.18 per
respondent annually. Total annual
electronic storage cost to industry ($3.18
× 299 respondents): $950.82. This
calculation estimates storage of
approximately 200 MB per year with a
cost of $3.18.
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimate of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
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E
Total annual
burden hours
& total
annual cost
6 For the information collection activities labeled
‘‘Transportation by Pipelines,’’ ‘‘MBR—Initial
Approval,’’ and ‘‘MBR—Change in Circumstances,’’
Commission staff estimates that respondents’
hourly labor cost is approximated by the
Commission’s average hourly cost (for wages and
benefits) for 2022, or $91.00 per hour.
For the information collection activity labeled
‘‘Record Retention,’’ Commission staff estimates
that respondents’ hourly labor cost is $38.71 (for
wages and benefits), based on $27.24 (the mean
hourly wage for an information and record clerk,
Occupation Code 43–4000 for Utilities as posted at
https://www.bls.gov/oes/current/naics2_22.htm),
plus $11.47 (the average hourly cost for benefits for
private industry, as posted at https://www.bls.gov/
news.release/pdf/ecec.pdf.
7 This new row was added to account for the
differences between initial MBR filings and filings
pertaining to a change in circumstances.
8 Each of the 299 entities is assumed to have both
paper and electronic record retention. Internal
analysis assumes 50 percent paper storage and 50
percent electronic storage.
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ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
Dated: September 30, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022–21764 Filed 10–5–22; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER22–2959–000]
Second Foundation US Trading, LLC;
Supplemental Notice That Initial
Market-Based Rate Filing Includes
Request for Blanket Section 204
Authorization
This is a supplemental notice in the
above-referenced proceeding of Second
Foundation US Trading, LLC’s
application for market-based rate
authority, with an accompanying rate
tariff, noting that such application
includes a request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability.
Any person desiring to intervene or to
protest should file with the Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426,
in accordance with Rules 211 and 214
of the Commission’s Rules of Practice
and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to
intervene or protest must serve a copy
of that document on the Applicant.
Notice is hereby given that the
deadline for filing protests with regard
to the applicant’s request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability, is October 20,
2022.
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The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
FERC Online links at https://
www.ferc.gov. To facilitate electronic
service, persons with internet access
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
may mail similar pleadings to the
Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC
20426. Hand delivered submissions in
docketed proceedings should be
delivered to Health and Human
Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
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) using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. At this
time, the Commission has suspended
access to the Commission’s Public
Reference Room, due to the
proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19), issued
by the President on March 13, 2020. For
assistance, contact the Federal Energy
Regulatory Commission at
FERCOnlineSupport@ferc.gov or call
toll-free, (886) 208–3676 or TYY, (202)
502–8659.
Dated: September 30, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022–21782 Filed 10–5–22; 8:45 am]
BILLING CODE 6717–01–P
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]]>Agencies
[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60670-60673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21764]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC22-17-000]
Commission Information Collection Activity (FERC-549); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice of information collection and request for comments.
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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collections, FERC-549 (NGPA Section 311 Transactions and
NGA Blanket Certificate Transactions).
DATES: Comments on the collections of information are due December 5,
2022.
ADDRESSES: You may submit your comments (identified by Docket No. IC22-
17-000) on FERC-549 by one of the following methods:
Electronic filing through https://www.ferc.gov is preferred.
Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (including courier) delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: https://www.ferc.gov. For
user assistance, contact FERC Online Support by email at
[email protected], or by phone at (866) 208-3676 (toll-free).
Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], or by telephone at (202) 502-8663.
SUPPLEMENTARY INFORMATION:
Title: NGPA Section 311 Transactions and NGA Blanket Certificate
Transactions.
OMB Control No.: 1902-0086.
Type of Request: Three-year extension of the FERC-549 information
collection requirements with a revision to account for the differences
between filings seeking initial approval and those disclosing a change
in circumstances.
Abstract: FERC-549 is required to implement portions of the
following statutory provisions: (1) Section 311 of the Natural Gas
Policy Act (NGPA) (15 U.S.C. 3371); (2) Section 4(f) of the Natural Gas
Act (NGA) (15 U.S.C. 717c(f)); and (3) Section 7 of the NGA (15 U.S.C.
717f). The reporting requirements for implementing these provisions are
contained in 18 CFR part 284.
Transportation by Interstate Pipelines for Intrastate Pipelines and
Local Distribution Companies
Under section 311(a)(1) of the NGPA and 18 CFR 284.101 and 284.102,
any interstate pipeline may transport natural gas without prior
Commission approval ``on behalf of'' an intrastate pipeline or a local
distribution company (LDC). The regulation at 18 CFR 284.102(d)
provides that the transportation is not ``on behalf of'' an intrastate
pipeline or an LDC unless one of three conditions is met:
[[Page 60671]]
(1) The interstate pipeline or LDC has physical custody of and
transports the natural gas at some point;
(2) The intrastate pipeline or LDC holds title to the natural gas
at some point, which may occur prior to, during, or after the time that
the gas is being transported by the interstate pipeline, for a purpose
related to its status and functions as a local distribution company; or
(3) The gas is delivered at some point to a customer that either is
located in an LDC's service area or is physically able to receive
direct deliveries of gas from an intrastate pipeline, and the LDC or
intrastate pipeline certifies that it is on its behalf that the
interstate pipeline is providing transportation service.
The certification requirement in the third condition described at
18 CFR 284.102(d)(3) is included in the burden table (below) as part of
the information collection activity labeled ``Transportation by
Pipelines.'' Before commencing service as described in paragraph
(d)(3), the interstate pipeline that is providing the transportation
must receive certification from the pertinent LDC or intrastate
pipeline consisting of a letter from the intrastate pipeline or LDC
authorizing the interstate pipeline to ship gas on its behalf, and
sufficient information to verify that the service qualifies under 18
CFR 284.102.
Transportation by Intrastate Pipelines for Interstate Pipelines or LDCs
Served by an Interstate Pipeline
Under section 311(a)(2) of the NGPA and 18 CFR 284.122 and 284.123,
any intrastate pipeline may, without prior Commission approval,
transport natural gas on behalf of any interstate pipeline or any LDC
served by an interstate pipeline. No rate charged for such
transportation may exceed a fair and equitable rate. The filing
requirements described below are included in the burden table (below)
as part of the information collection activity labeled ``Transportation
by Pipelines.''
The regulation at 18 CFR 284.123(b) provides that intrastate gas
pipeline companies must file for Commission approval of rates for
services performed in the interstate transportation of gas. An
intrastate gas pipeline company may elect to use rates contained in one
of its then effective transportation rate schedules on file with an
appropriate state regulatory agency for intrastate service comparable
to the interstate service or file proposed rates and supporting
information showing the rates are cost based and are fair and
equitable. It is the Commission policy that each pipeline must file at
least every five years to ensure its rates are fair and equitable.
Depending on the business process used, either 60 or 150 days after the
application is filed, the rate is deemed to be fair and equitable
unless the Commission either extends the time for action, institutes a
proceeding or issues an order providing for rates it deems to be fair
and equitable.
The regulation at 18 CFR 284.123(e) requires that within 30 days of
commencement of new service any intrastate pipeline engaging in the
transportation of gas in interstate commerce must file a statement that
includes the interstate rates and a description of how the pipeline
will engage in the transportation services, including operating
conditions. If an intrastate gas pipeline company changes its
operations or rates it must amend the statement on file with the
Commission. Such amendment is to be filed not later than 30 days after
commencement of the change in operations or change in rate election.
Initial Approval of Market-Based Rates for Storage
Section 4(f) of the NGA authorizes the Commission to permit natural
gas storage service providers to charge market-based rates for storage,
subject to conditions and requirements set forth in the statute. The
Commission implements this authority under 18 CFR 284.501 through
284.505. An applicant may apply for market-based rates by filing a
request for a market-power determination that complies with the
following:
(a) The applicant must set forth its specific request and
adequately demonstrate that it lacks market power in the market to be
served, and must include an executive summary of its statement of
position and a statement of material facts in addition to its complete
statement of position. The statement of material facts must include
citation to the supporting statements, exhibits, affidavits, and
prepared testimony.
The regulation at 18 CFR 284.503 requires that an application to
charge market-based rate for storage services must include the
following information:
(1) Statement A--geographic market. This statement must describe
the geographic markets for storage services in which the applicant
seeks to establish that it lacks significant market power. It must
include the market related to the service for which it proposes to
charge market-based rates. The statement must explain why the
applicant's method for selecting the geographic markets is appropriate.
(2) Statement B--product market. This statement must identify the
product market or markets for which the applicant seeks to establish
that it lacks significant market power. The statement must explain why
the particular product definition is appropriate.
(3) Statement C--the applicant's facilities and services. This
statement must describe the applicant's own facilities and services,
and those of all parent, subsidiary, or affiliated companies, in the
relevant markets identified in Statements A and B in paragraphs (b)(1)
and (2) of this section. The statement must include all pertinent data
about the storage facilities and services.
(4) Statement D--competitive alternatives. This statement must
describe available alternatives in competition with the applicant in
the relevant markets and other competition constraining the applicant's
rates in those markets. Such proposed alternatives may include an
appropriate combination of other storage, local gas supply, LNG,
financial instruments and pipeline capacity. These alternatives must be
shown to be reasonably available as a substitute in the area to be
served soon enough, at a price low enough, and with a quality high
enough to be a reasonable alternative to the applicant's services.
Capacity (transportation, storage, LNG, or production) owned or
controlled by the applicant and affiliates of the applicant in the
relevant market shall be clearly and fully identified and may not be
considered as alternatives competing with the applicant. Rather, the
capacity of an applicant's affiliates is to be included in the market
share calculated for the applicant. To the extent available, the
statement must include all pertinent data about storage or other
alternatives and other constraining competition.
(5) Statement E--potential competition. This statement must
describe potential competition in the relevant markets. To the extent
available, the statement must include data about the potential
competitors, including their costs, and their distance in miles from
the applicant's facilities and major consuming markets. This statement
must also describe any relevant barriers to entry and the applicant's
assessment of whether ease of entry is an effective counter to attempts
to exercise market power in the relevant markets.
(6) Statement F--maps. This statement must consist of maps showing
the applicant's principal facilities, pipelines to which the applicant
intends to interconnect and other pipelines within the area to be
served, the direction of flow of each line, the
[[Page 60672]]
location of the alternatives to the applicant's service offerings,
including their distance in miles from the applicant's facility. The
statement must include a general system map and maps by geographic
markets. The information required by this statement may be on separate
pages.
(7) Statement G--market-power measures. This statement must set
forth the calculation of the market concentration of the relevant
markets using the Herfindahl-Hirschman Index. The statement must also
set forth the applicant's market share, inclusive of affiliated service
offerings, in the markets to be served. The statement must also set
forth the calculation of other market-power measures relied on by the
applicant. The statement must include complete particulars about the
applicant's calculations.
(8) Statement H--other factors. This statement must describe any
other factors that bear on the issue of whether the applicant lacks
significant market power in the relevant markets. The description must
explain why those other factors are pertinent.
(9) Statement I--prepared testimony. This statement must include
the proposed testimony in support of the application and will serve as
the applicant's case-in-chief, if the Commission sets the application
for hearing. The proposed witness must subscribe to the testimony and
swear that all statements of fact contained in the proposed testimony
are true and correct to the best of his or her knowledge, information,
and belief. The regulation at 18 CFR 284.505(a), requires: (1) a
demonstration that market-based rates are in the public interest and
necessary to encourage the construction of storage capacity in an area
needing storage services, and (2) an explanation of what means the
storage service provider will use to protect customers from the
potential exercise of market power.
Market Based-Rates--Notice of Change in Circumstances
The Commission's regulations at 18 CFR 284.504(b) provide that a
storage service provider granted the authority to charge market-based
rates is required to notify the Commission within 10 days of acquiring
knowledge of significant change occurring in its market power status.
The notification should include a detailed description of the new
facilities/services and their relationship to the storage service
provider. Significant changes include: (1) The storage provider
expanding its storage capacity beyond the amount authorized; (2) The
storage provider acquiring transportation facilities or additional
storage capacity; (3) An affiliate providing storage or transportation
services in the same market area; and (4) The storage provider or an
affiliate acquiring an interest in or is acquired by an interstate
pipeline.
Code of Conduct Record Retention
The Commission's regulations at 18 CFR 284.288(b) and 284.403(b),
respectively, impose a record retention requirement contained in a Code
of Conduct applicable to: (1) interstate pipelines that provide
unbundled natural gas sales service,\1\ and (2) persons who are not
interstate pipelines and whose sales of natural gas are authorized by
the ``automatic'' blanket marketing certificate granted by operation of
18 CFR 284.402.\2\ Any entity fitting one of those descriptions must
retain, for a period of five years, all data and information upon which
it billed the prices it charged for natural gas it sold pursuant to its
market based sales certificate or the prices it reported for use in
price indices.
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\1\ As defined at 18 CFR 284.282(c), unbundled sales service is
gas sales service that is sold separately from transportation
service.
\2\ The regulation at section 284.402(a) provides that any
person who is not an interstate pipeline is granted a blanket
certificate of public convenience and necessity, pursuant to section
7 of the NGA, that authorizes the certificate holder to make sales
for resale of natural gas at negotiated rates in interstate
commerce. Section 2(1) of the NGA (15 U.S.C. 717a(1)) defines a
``person'' to include an individual or corporation.
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FERC uses these records to monitor the jurisdictional
transportation activities and unbundled sales activities of interstate
natural gas pipelines and blanket marketing certificate holders.
The record retention period of five years is necessary due to the
importance of records related to any investigation of possible
wrongdoing and related to assuring compliance with the codes of conduct
and the integrity of the market. The requirement is necessary to ensure
consistency with 18 CFR 1c.1 (``Prohibition of Natural Gas Market
Manipulation'') and the generally applicable five-year statute of
limitations where the Commission seeks civil penalties for violations
of the anti-manipulation rules or other rules, regulations, or orders
to which the price data may be relevant.
Failure to have this information available would mean the
Commission would have difficulty performing its regulatory functions
and to monitor and evaluate transactions and operations of interstate
pipelines and blanket marketing certificate holders. The Code of
Conduct Record Retention burden \3\ associated with the FERC-549
includes both labor \4\ and storage costs.
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\3\ 18 CFR 284.288(b) and 18 CFR 284.403(b)
\4\ The $35.83 hourly cost figure comes from the average cost
(wages plus benefits) of a file clerk (Occupation Code 43-4071) as
posted on the BLS website (https://www.bls.gov/oes/current/naics2_22.htm).
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Type of Respondents: Jurisdictional interstate and intrastate
natural gas pipelines.
Estimate of Annual Burden: \5\ The Commission estimates the annual
burden and labor costs for the information collection as follows:
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\5\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a federal
agency. For further explanation of what is included in the
information collection burden, refer to 5 CFR 1320.3.
FERC-549--Estimated Labor Costs for NGPA Section 311 Transactions, NGA Blanket Certificate Transaction, and Record Retention
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B Annual
A Number of number of C Total number of D Average burden hrs. & cost E Total annual burden hours & total F Cost per
respondents responses per responses ($) \6\ per response annual cost respondent
respondent
(Column A x Column B) ($)..................................... ($)
(Column C x Column D)................... (Column E /
Column A)
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Transportation by Pipelines............. 43 2 86 50 hrs.; $4,550................... 4,300 hrs.; $391,300.................... $9,100
MBR--Initial Approval................... 1 1 1 350 hrs.; $31,850................. 350 hrs.; $31,850....................... 31,850
MBR--Change in Circumstances \7\........ 5 1 5 75 hrs.; $6,825................... 375 hrs.; $6,825........................ 1,365
[[Page 60673]]
Record Retention........................ 299 1 299 1 hr.; $38.71..................... 299 hrs.; $11,574.29.................... 38.71
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Totals.............................. 348 .............. 391 .................................. 5,324 hrs.; $441,549.................... ..............
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Storage Cost: \8\ In addition to the labor costs for record
retention, non-labor costs of record retention and storage are
estimated as follows:
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\6\ For the information collection activities labeled
``Transportation by Pipelines,'' ``MBR--Initial Approval,'' and
``MBR--Change in Circumstances,'' Commission staff estimates that
respondents' hourly labor cost is approximated by the Commission's
average hourly cost (for wages and benefits) for 2022, or $91.00 per
hour.
For the information collection activity labeled ``Record
Retention,'' Commission staff estimates that respondents' hourly
labor cost is $38.71 (for wages and benefits), based on $27.24 (the
mean hourly wage for an information and record clerk, Occupation
Code 43-4000 for Utilities as posted at https://www.bls.gov/oes/current/naics2_22.htm), plus $11.47 (the average hourly cost for
benefits for private industry, as posted at https://www.bls.gov/news.release/pdf/ecec.pdf.
\7\ This new row was added to account for the differences
between initial MBR filings and filings pertaining to a change in
circumstances.
\8\ Each of the 299 entities is assumed to have both paper and
electronic record retention. Internal analysis assumes 50 percent
paper storage and 50 percent electronic storage.
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Paper storage costs (using an estimate of 12.5 cubic feet
x $6.46 per cubic foot): $80.75 per respondent annually. Total annual
paper storage cost to industry ($80.75 x 299 respondents): $24,144.25.
This estimate assumes that a respondent stores 12.5 cubic feet of
paper. We expect that this estimate should trend downward over time as
more companies move away from paper storage and rely more heavily on
electronic storage.
Electronic storage costs: $3.18 per respondent annually.
Total annual electronic storage cost to industry ($3.18 x 299
respondents): $950.82. This calculation estimates storage of
approximately 200 MB per year with a cost of $3.18.
Comments are invited on: (1) whether the collection of information
is necessary for the proper performance of the functions of the
Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
Dated: September 30, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-21764 Filed 10-5-22; 8:45 am]
BILLING CODE 6717-01-P
