Standards for Business Practices of Interstate Natural Gas Pipelines, 97518-97525 [2024-28090]
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[FR Doc. 2024–28429 Filed 12–6–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 284
[Docket No. RM96–1–043; Order No. 587–
AA]
Standards for Business Practices of
Interstate Natural Gas Pipelines
Federal Energy Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The Federal Energy
Regulatory Commission amends its
regulations to incorporate by reference,
with certain enumerated exceptions, the
SUMMARY:
VICTORIA, CA VOR/DME ...............................................
latest version (Version 4.0) of Standards
for Business Practices of Interstate
Natural Gas Pipelines adopted by the
Wholesale Gas Quadrant (WGQ) of the
North American Energy Standards
Board (NAESB). NAESB’s revisions in
this version of the standards are
designed to promote greater efficiency
and reliability of the natural gas
industry’s operations and strengthen the
cybersecurity protections provided
within the standards.
DATES:
Effective date: This rule is effective
February 7, 2025.
Compliance date: Compliance filings
required by this final rule are due on
February 3, 2025. Compliance with the
standards incorporated by reference in
this rule is required by August 1, 2025.
Incorporation by reference: The
incorporation by reference of certain
publications listed in this rule is
100
CORVALLIS
approved by the Director of the Federal
Register as of February 7, 2025.
FOR FURTHER INFORMATION CONTACT:
Jerry Chiang (Technical Issues), Office
of Energy Policy and Innovation,
Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–
8786
Oscar F. Santillana (Technical Issues),
Office of Energy Market Regulation,
Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–
6392
Carla Pettus (Legal Issues), Office of the
General Counsel, Federal Energy
Regulatory Commission, 888 First
Street NE, Washington, DC 20426,
(202) 502–8361
SUPPLEMENTARY INFORMATION:
Table of Contents
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Paragraph
Nos.
I. Overview ...........................................................................................................................................................................................
II. Background ......................................................................................................................................................................................
III. Discussion ......................................................................................................................................................................................
A. The NAESB WGQ Version 4.0 Business Practice Standards ................................................................................................
1. WGQ Cybersecurity Related Standards ..................................................................................................................................
2. Other Standards Modifications .................................................................................................................................................
3. Standards Not Incorporated by Reference ..............................................................................................................................
B. Required Compliance Filings ...................................................................................................................................................
C. Implementation Procedures .....................................................................................................................................................
IV. Notice of Use of Voluntary Consensus Standards ........................................................................................................................
V. Incorporation by Reference .............................................................................................................................................................
VI. Information Collection Statement ...................................................................................................................................................
VII. Environmental Analysis .................................................................................................................................................................
VIII. Regulatory Flexibility Act ..............................................................................................................................................................
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Nos.
X. Effective Date and Congressional Notification ...............................................................................................................................
I. Overview
1. In this final rule, the Federal
Energy Regulatory Commission
(Commission) amends its regulations at
18 CFR 284.12 to incorporate by
reference, with certain enumerated
exceptions,1 the latest version (WGQ
Version 4.0) of business practice
standards applicable to natural gas
pipelines. On October 2, 2023, NAESB
reported to the Commission that it had
approved WGQ Version 4.0 to replace
the currently incorporated version
(Version 3.2) of those business practice
standards. On May 21, 2024, NAESB
reported a minor correction to WGQ
Version 4.0. This final rule requires
interstate natural gas pipelines to file
compliance filings with the Commission
by February 3, 2025, with an effective
date of the tariff records of August 1,
2025.
2. The implementation of these
standards will promote greater
efficiency and reliability of the natural
gas industry’s operations and strengthen
the cybersecurity protections provided
within the standards.2
II. Background
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3. 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 system. These
regulations have been promulgated in
the Order No. 587 series of orders,3
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 the standards will replace the
currently incorporated version (Version
1 As explained below, we are not incorporating by
reference in this final rule the optional model
contracts and the eTariff-related standards included
in the North American Energy Standards Board
(NAESB) Wholesale Gas Quadrant (WGQ) Version
4.0 package of business practice standards.
2 As explained below, NAESB has developed and
adopted, in conjunction with Sandia National
Laboratories, a series of business practice standards
to strengthen the cybersecurity protections
provided within the standards.
3 This series of orders began with the
Commission’s issuance of Order No. 587, Standards
for Business Practices of Interstate Natural. Gas
Pipelines. 61 FR 39053 (July 26, 1996), FERC Stats.
& Regs. ¶ 31,038 (1996) (cross-referenced at 76
FERC ¶ 61,042).
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3.2) of those business practice
standards.
4. On October 2, 2023, NAESB filed
a report (Informational Report)
informing the Commission that it had
adopted and ratified WGQ Version 4.0
of its business practice standards
applicable to interstate natural gas
pipelines. WGQ Version 4.0 includes
business practice standards developed
and modified in response to industry
requests and directives from the NAESB
Board of Directors. This version also
includes the standards developed in
response to the recommendations of
Sandia National Laboratories (Sandia),4
which in 2019 issued a DOE-sponsored
cybersecurity surety assessment of the
NAESB standards.5
5. NAESB’s Informational Report
identifies all the changes made to the
WGQ Version 3.2 standards and
summarizes the deliberations that led to
the changes being made. It also
identifies changes to the existing
standards that were considered but not
adopted due to a lack of consensus or
other reasons.
6. On March 21, 2024, the
Commission issued a Notice of
Proposed Rulemaking proposing to
amend its regulations to incorporate by
reference, with certain enumerated
exceptions, the WGQ Version 4.0
business practice standards applicable
to interstate natural gas pipelines.6
4 Sandia is a multidisciplinary national laboratory
and federally funded research and development
center for the U.S. Department of Energy’s (DOE)
National Nuclear Security Administration that
supports numerous federal, state, and local
government agencies, companies, and
organizations.
5 In April 2017, NAESB announced that Sandia,
through funding provided by DOE, would be
performing a surety assessment of the NAESB
standards. As determined by Sandia and DOE, the
purpose of the surety assessment was to analyze
cybersecurity elements within the standards,
focusing on four areas: (1) the NAESB Certification
Program for Accredited Certification Authorities,
including the Wholesale Electric Quadrant (WEQ)012 Public Key Infrastructure Business Practice
Standards, the NAESB Accreditation Requirements
for Authorized Certificate Authorities, and the
Authorized Certification Authority Process; (2) the
WEQ Open Access Same-Time Information Systems
suite of standards; (3) the WGQ and Retail Markets
Quadrant internet Electronic Transport (IET) and
Quadrant Electronic Delivery Mechanism (EDM)
Related Standards Manual; and (4) a high-level
dependency analysis between the gas and electric
markets to evaluate the different security paradigms
the markets employ.
6 Standards for Bus. Pracs. of Interstate Nat. Gas
Pipelines, Notice of Proposed Rulemaking, 89 FR
23954 (Apr. 4, 2024), 186 FERC ¶ 61,196 (2024)
(WGQ Version 4.0 NOPR).
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7. On May 21, 2024, NAESB
submitted, and the Commission noticed
for comment, an errata filing to update
the Informational Report, noting a minor
correction to an existing WGQ
standard.7 The standard supports the
communication of invoices between
trading partners, including transactions
for natural gas transportation and sales
and related charges and/or allowances.
NAESB states that it adopted and
ratified the changes for that standard on
March 23, 2020, which became effective
on November 3, 2020, but were
inadvertently omitted from WGQ
Version 3.2 and WGQ Version 4.0. The
minor correction revised the Electronic
Delivery Mechanism (EDI) X12 Mapping
Guidelines for existing WGQ standard
3.4.1—Transportation/Sales Invoice to
add code values for five data elements.8
8. In response to the WGQ Version 4.0
NOPR, the American Gas Association
(AGA) and the Interstate Natural Gas
Association (INGAA) filed comments.
AGA expresses support of the
Commission’s proposed rulemaking as
well as the minor correction submitted
by NAESB on May 21, 2024.9 INGAA
also supports the Commission’s
proposed rulemaking but urges that the
Commission not implement the final
rule during the winter heating season,
and thus, requests that the
implementation date of the final rule
should not be earlier than April 1,
2025.10
III. Discussion
9. In the WGQ Version 4.0 NOPR, the
Commission proposed to incorporate by
reference in its regulations the NAESB
WGQ Version 4.0 business practice
standards, with the exception of
NAESB’s standards specifying the terms
of optional model contracts and the
eTariff-related standards. No
commenters opposed the Commission’s
proposal.
7 NAESB WGQ implemented the minor
correction, Minor Correction MC24002, on May 17,
2024, which modifies NAESB WGQ Standard No.
3.4.1—Transportation/Sales Invoice included in the
WGQ Invoicing Related Standards.
8 NAESB states that the standard changes are to
ensure the hierarchal structure of the dataset
complied with the Accredited Standards Institute
X12 Transaction Set 811 Consolidated Service
Invoice/Statement.
9 AGA Comments at 1. AGA also expresses its
disappointment that Standards Request No. 23001
was not part of the proposed revisions. AGA
Comments at 1–2. These comments do not pertain
to this final rule, and thus, will not be addressed.
10 INGAA Comments at 2.
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10. In this final rule, we adopt the
proposal to incorporate by reference, in
our regulations, the NAESB WGQ
Version 4.0 business practice standards,
with certain exceptions. As an initial
matter, we note that the WGQ Version
4.0 business practice standards include
modifications, reservations, deletions,
and additions to the following set of
Version 3.2 WGQ Standards. (Each set
of Business Practice Standards is
referred to as a manual.)
Manual
0
2
3
4
..........
..........
..........
..........
5 ..........
10 ........
Business practice standards
Additional Standards.
Flowing Gas Related Standards.
Invoicing Related Standards.
Quadrant Electronic Delivery Mechanism
Standards.
Capacity Release Related Standards.
WGQ/REQ/RGQ Internet Electronic Transport.
Additionally, the WGQ Version 4.0
business practice standards include one
new manual of standards:
Manual
12 ........
Business practice standards
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11. We require compliance filings be
made by February 3, 2025, with an
effective date of August 1, 2025. as more
fully described below.
12. We discuss below some specific
aspects of NAESB’s Informational
Report.
A. The NAESB WGQ Version 4.0
Business Practice Standards
13. NAESB used its consensus
procedures to develop and approve the
WGQ Version 4.0 business practice
standards. As the Commission found in
Order No. 587, the 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. Moreover, since the industry
itself must 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),11 Congress
affirmatively requires federal agencies to
use technical standards developed by
voluntary consensus standards
organizations, like NAESB, as means to
carry out policy objectives or activities.
14. We incorporate by reference into
the Commission’s regulations the WGQ
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1. WGQ Cybersecurity Related
Standards
15. The new WGQ Cybersecurity
Related Standards Manual consolidates
existing NAESB cybersecurity-related
standards from various NAESB
standards manuals into a single manual.
This consolidation should make the
NAESB and Commission processes for
revising NAESB cybersecurity standards
easier and faster to help match the fast
pace of changes in cybersecurity
practices. These standards focus on
strengthening the cybersecurity
practices used by the industry through
the mitigation of potential
vulnerabilities and the use of secure
communication and encryption
methodologies.
2. Other Standards Modifications
Cybersecurity Related Standards.
11 Public Law 104–113, 12(d), 110 Stat. 775
(1996).
Version 4.0 business practice standards,
with the exception of NAESB’s
standards specifying the terms of
optional model contracts and the
eTariff-related standards, as discussed
below.
16. In response to industry request,
WGQ Version 4.0 adds new data
elements to the WGQ Additional
Standards and the WGQ Capacity
Release Related Standards and modifies
existing data elements in the WGQ
Flowing Gas Related Standards and the
WGQ Invoicing Related Standards to
improve efficiencies of business
processes for transportation service
providers and parties interacting with
these entities.12
17. The revised WGQ Additional
Standards add a new data element,
‘‘Cycle Indicator,’’ to the data set for the
Storage Information standard to address
technical details for reporting natural
gas storage balances and the activities
that affect storage balances. The new
sender’s option data element ‘‘Cycle
Indicator’’ will support the reporting of
storage information data for each cycle
while also allowing parties receiving
such information to distinguish between
the data more easily for individual
transactions.13
18. Revisions to the WGQ Flowing
Gas Related Business Practice Standards
include a change to the ‘‘Service
Requester Contract’’ data element from
‘‘not used’’ to ‘‘mutually agreed,’’ for
allocation of natural gas between parties
under two pre-determined allocation
transaction types, found within the
12 Natural gas transportation service is provided
by interstate pipelines, intrastate pipelines, natural
gas gathering pipelines, and local distribution
companies; all are referred to as ‘‘transportation
service providers.’’
13 Informational Report at 4.
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allocation matrix included as part of
WGQ Standard 2.4.3.14
19. NAESB revised the WGQ
Invoicing Related Standards by
modifying the ‘‘Charge Type Rate’’ data
element contained in the data set for the
Transportation/Sales Invoice standard
to allow for the identification of
multiple rates that may be applicable for
a single transaction or service. The
modification to the data element allows
transportation service providers to use a
‘‘null’’ value in circumstances where
information describing the applicable
charge type rate is included as part of
miscellaneous notes. This change will
allow transportation service providers to
make available a summary of the
amount due for each line item of an
invoice with detailed, breakout
information regarding the applicable
rate and make it easier for a customer to
ascertain the final charge amount.15
20. The revised WGQ Capacity
Release Related Standards add a new
sender’s option data element, ‘‘Location
Indicator Data,’’ to the Transactional
Reporting—Capacity Release standard to
provide a mechanism for a
transportation service provider to
communicate the locations at which a
discounted rate is offered as well as if
the rate is associated with a single
location, multiple locations, or all
locations.
21. Also included in WGQ Version 4.0
is a previous revision to an existing
WGQ Invoicing Related Standard that
modifies the ‘‘Electronic Delivery
Mechanism (EDI) X12 Mapping
Guidelines’’ by adding code values for
five data elements to WGQ Standard
3.4.1—Transportation/Sales Invoice to
ensure the hierarchal structure of the
dataset complied with the Accredited
Standards Institute X12 Transaction Set
811 Consolidated Service Invoice/
Statement.
3. Standards Not Incorporated by
Reference
22. We continue our past practice 16 of
not incorporating by reference into our
regulations the WGQ standard contracts
relating to the sale of natural gas
because we do not require the use of
these contracts.17 Thus, we also do not
incorporate by reference the WGQ 4.0
14 The matrix identifies the data elements needed
to communicate the results of the allocation
process.
15 Informational Report at 5.
16 See, e.g., Standards for Bus. Practices of
Interstate Nat. Gas Pipelines, Notice of Proposed
Rulemaking, 86 FR 12879 (March 5, 2021), 174
FERC ¶ 61,103, at P 19 (2021) (Version 3.2 NOPR).
17 Id.; Standards for Bus. Practices of Interstate
Nat. Gas Pipelines, Order No. 587–V, 77 FR 43711
(Jul. 26, 2012), 140 FERC ¶ 61,036, at P 11 n.11
(2012).
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Contracts Related Standards Manual. In
addition, consistent with our findings in
past proceedings, we do not incorporate
by reference the WGQ eTariff Related
Standards because the Commission has
previously adopted and posted its
standards and protocols for electronic
tariff filings based on NAESB
standards.18
B. Required Compliance Filings
23. As suggested by INGAA, we will
delay implementation of this final rule
until after the 2024–2025 winter heating
period. To implement the standards that
we are incorporating by reference in this
final rule, we will require each
interstate natural gas pipeline to file a
separate tariff record reflecting the
changed standards by February 3,
2025.19 In response to INGAA’s concern
that the Commission could require
implementation of this final rule during
the winter heating season, we will
require the compliance filings to be
made with an effective date of August
1, 2025. We are adopting this
implementation schedule to give the
interstate natural gas pipelines subject
to these standards adequate time to
implement these changes.
C. Implementation Procedures
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24. We will continue the compliance
filing requirements as revised and
prescribed in Order No. 587–V to
increase the transparency of the
interstate natural gas 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.20 We require each interstate
natural gas pipeline to submit its
compliance filing no later than February
3, 2025.
25. Consistent with the Commission’s
practice since Order No. 587–V, each
interstate natural gas pipeline must
designate a single tariff section under
which every NAESB WGQ Standard
incorporated by reference by the
Commission is listed.21 In that tariff
18 Version 3.2 NOPR, 174 FERC ¶ 61,103 at P 19;
Elec. Tariff Filings, Order No. 714, 73 FR 57515
(Oct. 3, 2008), 124 FERC ¶ 61,270 (2008).
19 To aid in compliance, promptly after issuance
of this final rule, we will post a sample tariff record
on the Commission’s website that may be accessed
at www.ferc.gov/ferc-online/elibrary. All interstate
natural gas pipelines are to file their tariff records
in conformance with this sample tariff record.
20 Order No. 587–V, 140 FERC ¶ 61,036 at PP 36–
39.
21 Trans-Union Interstate Pipeline L.P., 141 FERC
¶ 61,167, at P 36 (2012) (Order No. 587–V
Compliance Order); Version 3.2 NOPR, 174 FERC
¶ 61,103 at P 21.
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section, the pipeline must list for each
standard:
(a) whether the standard is incorporated by
reference;
(b) for those standards not incorporated by
reference, the tariff provision that complies
with the standard; or
(c) for those standards with which the
pipeline does not comply, an explanatory
statement, including an indication of
whether the pipeline has been granted a
waiver, extension of time, or other variance
with respect to compliance with the
standard.22
26. Likewise, consistent with past
practice, we will post on our eLibrary
website (under Docket No. RM96–1–
043) a sample tariff format, to provide
filers with an illustrative example to aid
them in preparing their compliance
filings.
27. Consistent with our policy since
Order No. 587–V,23 entities may request
waivers under the requirements set forth
in Order No. 587–V and the
Commission will then evaluate those
requests at that time.24
28. 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 the
Commission granted a waiver or
extension of time, and the docket
number or order citation to the
proceeding in which the Commission
granted the waiver or extension of time.
The pipeline also must present an
explanation for why such waiver or
extension of time should remain in force
with regard to the WGQ Version 4.0
Standards.
29. This implementation approach
continues the Commission’s practice of
having pipelines include in their tariffs
a common location that identifies the
way in which the pipeline is
incorporating all the NAESB WGQ
Standards and the standards with which
it is required to comply.
IV. Notice of Use of Voluntary
Consensus Standards
30. Office of Management and Budget
(OMB) Circular A–119 (section 11) (Feb.
10, 1998) provides that when a federal
agency issues or revises a regulation
containing a standard, the agency
should publish a statement in the final
rule stating whether the adopted
22 Shippers can use the Commission’s electronic
tariff system to locate the tariff record containing
the NAESB standards, which will indicate the
docket in which any waiver or extension of time
was granted.
23 Order No. 587–V, 140 FERC ¶ 61,036.
24 Order No. 587–V Compliance Order, 141 FERC
¶ 61,167 at PP 4, 38 (a pipeline does not need to
seek a waiver for standards that address business
practices that the pipeline does not offer).
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standard is a voluntary consensus
standard or a government-unique
standard. In this final rule, we are
incorporating by reference voluntary
consensus standards developed by
NAESB’s WGQ. In section 12(d) of
NTT&AA, Congress affirmatively
requires federal agencies to use
technical standards developed by
voluntary consensus standards
organizations to carry out policy
objectives or activities determined by
the agencies unless use of such
standards would be inconsistent with
applicable law or otherwise
impractical.25
V. Incorporation by Reference
31. The Office of the Federal Register
requires agencies incorporating material
by reference in final rules to discuss the
ways that the materials it incorporates
by reference are reasonably available to
interested parties and how interested
parties can obtain the materials.26 The
regulations also require agencies to
summarize, in the preamble of the final
rule, the material it incorporates by
reference. The standards that we are
incorporating by reference in this final
rule consist of seven suites of NAESB
WGQ Business Practice Standards,
which include a minor correction to the
invoicing related standards, that address
a variety of topics and are designed to
streamline the transactional processes
for the wholesale natural gas industry
by promoting a more competitive and
efficient market. These include the:
WGQ Additional Business Practice
Standards; WGQ Nominations Related
Business Practice Standards; WGQ
Flowing Gas Related Business Practice
Standards; WGQ Invoicing Related
Business Practice Standards, with WGQ
Invoicing Related Standards Minor
Correction MC24002; WGQ Quadrant
Electronic Delivery Mechanism Related
Business Practice Standards; WGQ
Capacity Release Related Business
Practice Standards; and WGQ
Cybersecurity Related Standards.
32. As noted above, included in the
standards incorporated by reference is
the WGQ Invoicing Related Standards
Minor Correction (MC 24002), which is
an errata to update the Informational
Report to the existing standard which
supports the communication of invoices
between trading partners.
33. We summarize these standards
below. The WGQ Additional Business
Practice Standards address six areas:
Creditworthiness; Storage Information;
25 Public Law 104–113, 12(d), 110 Stat. 775
(1996), 15 U.S.C. 272 note (1997).
26 1 CFR 51.5 (2023). See Incorporation by
Reference, 79 FR 66267 (Nov. 7, 2014).
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Gas/Electric Operational
Communications; Operational Capacity;
Unsubscribed Capacity; and Location
Data Download.
• The Creditworthiness related
standards describe requirements for the
exchange of information, notification,
and communication between parties
during the creditworthiness evaluation
process.
• The Storage Information related
standards define the information to be
provided to natural gas service
requesters related to storage activities
and/or balances.
• The Gas/Electric Operational
Communications related standards
define communication protocols
intended to improve coordination
between the natural gas and electric
industries in daily operational
communications between gas
transportation service providers and
gas-fired power plants. These standards
include requirements for
communicating anticipated power
generation fuel needs for the upcoming
day as well as any operating problems
that might hinder gas-fired power plants
from receiving contractual gas
quantities.
• The Operational Capacity related
standards define requirements for the
transportation service provider’s
reporting of its operational capacity,
total scheduled quantity, and
operationally available capacity.
• The Unsubscribed Capacity related
standards define requirements for the
transportation service provider’s
reporting of its available unsubscribed
capacity.
• The Location Data Download
related standards define requirements
for the use of codes assigned by the
transportation service provider for
locations and common codes for parties
communicating electronically.
34. The WGQ Nominations Related
Business Practice Standards define the
process by which a natural gas service
requester with a natural gas
transportation contract nominates (or
requests) service from a pipeline or a
transportation service provider for the
delivery of natural gas.
35. The WGQ Flowing Gas Related
Business Practice Standards define the
business processes related to the
communication of entitlement rights of
flowing gas at a location, of the
entitlement rights on a contractual basis,
of the management of imbalances, and
of the measurement and gas quality
information of the actual flow of gas.
36. The WGQ Invoicing Related
Business Practice Standards define the
process for the communication of
charges for services rendered (Invoice),
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communication of details about funds
rendered in payment for services
rendered (Payment Remittance), and
communication of the financial status of
a customer’s account (Statement of
Account).
37. The WGQ Quadrant Electronic
Delivery Mechanism Related Business
Practice Standards define the framework
for the electronic dissemination and
communication of information between
parties in the North American wholesale
gas marketplace for Electronic Data
Interchange/EDM transfers, batch flat
file/EDM transfers, informational
postings websites, Electronic Bulletin
Boards/EDM, and interactive flat file/
EDM.
38. The WGQ Capacity Release
Related Business Practice Standards
define the business processes for
communication of information related
to the selling of all or any portion of a
transmission service requester’s contract
rights.
39. The WGQ Cybersecurity Related
Standards consolidate existing NAESB
cybersecurity-related standards from
various standards manuals into a single
manual. These standards define the
requirements for ensuring the security
of electronic communications and
transactions among parties.
40. Commission regulations provide
that copies of the standards
incorporated by reference may be
obtained through purchase or otherwise
from the North American Energy
Standards Board, 801 Travis Street,
Suite 1675, Houston, TX 77002; phone:
(713) 356–0060; website:
www.naesb.org/. The standards can also
be reviewed without purchasing them.
41. The procedures used by NAESB
make its standards reasonably available
to those affected by Commission
regulations, which generally 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 $8,000, which
entitles them to full participation in
NAESB and enables them to obtain
these standards at no additional cost.
Non-members may obtain any of the ten
individual standards manuals for $250
per manual, which in the case of these
standards would total $2,500 for all ten
manuals. Non-members also may obtain
the complete set of Standards Manuals
for $2,000.
42. NAESB provides ample
opportunities for non-members,
including agents, subsidiaries, and
affiliates of NAESB members, to obtain
access to the copyrighted standards
through a no-cost limited copyright
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waiver. The limited copyright waivers
are issued by the NAESB office and are
granted to non-members on a case-bycase basis for the purpose of evaluating
standards prior to purchase and/or
reviewing the standards to prepare
comments to a regulatory agency.
Following the granting of a limited
copyright waiver, the non-member is
provided with read-only access to the
standards through the end of the
comment period or some other set
period of time via Locklizard Safeguard
Secure Viewer.27 NAESB will grant one
limited copyright wavier per company
for each set of standards or final actions.
Any entity seeking a limited copyright
waiver should contact the NAESB
office.
VI. Information Collection Statement
43. The OMB regulations require that
OMB approve certain reporting, record
keeping, and public disclosure
requirements (information collection)
imposed by an agency.28 Therefore, we
are submitting our proposed
information collection to OMB for
review in accordance with section
3507(d) of the Paperwork Reduction Act
of 1995. Upon approval of a collection
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
collection of information displays a
valid OMB control number.
44. The Commission solicited
comments on our 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.
45. Public Reporting Burden: The
burden estimates for this final rule are
for one-time implementation of the
information collection requirements of
this final rule (including tariff filing,
documentation of the process and
procedures, and information technology
work).
46. The collections of information
related to this final rule fall under
FERC–545 (Gas Pipeline Rates: Rate
Change (Non-Formal)) 29 and FERC–
549C (Standards for Business Practices
27 For more information on Locklizard, please
refer to the company’s website:
www.locklizard.com.
28 5 CFR 1320.11 (2023).
29 FERC–545 covers rate change filings made by
natural gas pipelines, including tariff changes.
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of Interstate Natural Gas Pipelines).30
The following estimates of reporting
burden are related only to this Final
Rule and include the costs to pipelines
for compliance with the Commission’s
directives in this final rule. The burden
estimates are primarily related to
implementing these standards and
regulations and will not result in
ongoing costs.
RM96–1–043 NOPR (STANDARDS FOR BUSINESS PRACTICES OF INTERSTATE NATURAL GAS PIPELINES)
Number of
respondents 31
Annual
number of
responses per
respondent
Total
number of
responses
Average
burden hr.
per response
Total annual
burden hours
& total
annual cost 32
Annual
costs per
respondent
($)
(1)
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
(5)/(1) = (6)
FERC–545 (one-time) ...............
FERC–549C (one-time) .............
193
193
1
1
193
193
10 hrs.; $1,110 ................
100 hrs.; $11,100 ............
1,930 hrs.; $214,230 ...........
19,300 hrs.; $2,142,300 ......
Total ...................................
........................
........................
386
.........................................
21,230 hrs.; $2,356,530.
Title: FERC–545, Gas Pipeline Rates:
Rates Change (Non-Formal); FERC–
549C, Standards for Business Practices
of Interstate Natural Gas Pipelines.
Action: Proposed information
collections
OMB Control Nos.: 1902–0154 (FERC–
545), 1902–0174 (FERC–549C).
Respondents: Business or other for
profit (e.g., Natural Gas Pipelines,
applicable to only a few small
businesses).
Frequency of Responses: One-time
implementation (related to business
procedures, capital/start-up).
Necessity of Information: In response
to NAESB’s standard development
activities, the Commission has
determined that the revisions the
Commission makes in this final rule to
its regulations would make minor
adjustments to the standards previously
adopted by the Commission. The
standards consolidate the cybersecurity
standards in one standards manual for
ease of reference and revision, deleting
one element in the Data Dictionary for
internet ET included in the WGQ
Cybersecurity Related Standards and
makes numerous minor changes
throughout the corresponding manual
and the WGQ EDM Related Standards to
correct typographical and capitalization
errors.
47. Further, in response to industry
requests or through the normal course of
WGQ activities, the Commission has
determined that the revisions the
Commission makes in this final rule to
its regulations would upgrade current
business practices and communication
standards by specifically: (1) adding a
new data element, ‘‘Cycle Indicator,’’ to
the data set for the Storage Information
standard to address technical details for
the reporting of storage balances and the
activities that affect storage balances; (2)
revising the data element ‘‘Service
Requester Contract’’ contained in the
data set for the Flowing Gas Related
Allocation standard to identify the
applicable contract and to support the
communication of the results of
processes used to allocate the actual
flow of gas quantities to parties involved
in a transaction; (3) modifying the
‘‘Charge Type Rate’’ data element
contained in the data set for the
Transportation/Sales Invoice standard
that allows for the identification of
multiple rates that may be applicable for
a single transaction or service; (4)
adding a new sender’s option data
element, ‘‘Location Indicator Data,’’ to
the Transactional Reporting—Capacity
Release standard to improve efficiencies
by providing a mechanism for a
transportation service provider to
communicate the locations at which a
discounted rate is offered as well as if
the rate is associated with a single
location, multiple locations, or all
locations; (5) adding code values for five
data elements to the EDI X12 Mapping
Guidelines in the Transportation/Sales
Invoice standard to ensure the
hierarchal structure of the dataset
complied with the Accredited Standards
Institute X12 Transaction Set 811
Consolidated Service Invoice/Statement.
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 interstate natural
gas pipelines adopted by NAESB and
has determined that the revisions the
Commission makes in this final rule to
its regulations are necessary to promote
greater efficiency and reliability of the
natural gas industry’s operations and
strengthen cybersecurity protections.
These requirements conform to our plan
for efficient information collection,
communication, and management
within the natural gas pipeline industry.
The Commission has determined
through its internal review that there is
specific, objective support for the
burden estimates associated with the
information requirements.
48. Interested persons may obtain
information on the reporting
requirements by contacting the
following: Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426; email:
DataClearance@ferc.gov.
49. Comments concerning the
collection of information(s) and the
associated burden estimate(s), should be
30 FERC–549C covers Standards for Business
Practices of Interstate Natural Gas Pipelines.
31 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.
32 The estimated hourly cost (salary plus benefits)
provided in this section is based on the salary
figures for March 2024 posted on June 18, 2024 by
the Bureau of Labor Statistics for the Utilities sector
(available at www.bls.gov/oes/current/
naics3221000.htm) and scaled to reflect benefits
using the relative importance of employer costs for
employee compensation (available at https://
www.bls.gov/news.release/ecec.nr0.htm). The
hourly estimates for salary plus benefits are:
Computer and Information Systems Manager
(Occupation Code: 11–3021), $115.47.
Computer and Information Analysts (Occupation
Code: 15–1221, $87.19.
Electrical Engineer (Occupation Code: 17–2071),
$79.31.
Legal (Occupation Code: 23–0000), $162.66.
The average hourly cost (salary plus benefits),
weighting these skill sets evenly, is $111.16. We
round it to $111/hour.
The one-time burden (for both the
FERC–545 and FERC–549C) would take
place in Year 1 and will be averaged
over 3 years as follows:
FERC–545: 1,930 ÷ 3 = 643.33 hours/year
over 3 years
FERC–549C: 19,300 ÷ 3 = 6,433.33 hours/year
over 3 years
The responses and burden for Years 1–3
would total respectively as follows:
Year 1: 64.33 responses; 643.33 hours (FERC–
545); 6,433.33 hours (FERC–549C)
Year 2: 64.33 responses; 643.33 hours (FERC–
545); 6,433.33 hours (FERC–549C)
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$11,100
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Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations
sent to the Office of Information and
Regulatory Affairs, the Office of
Management and Budget, Washington,
DC 20503; attention: Desk Officer for the
Federal Energy Regulatory Commission,
phone: (202) 395–0710; fax: (202) 395–
4718. A copy of the comments on
information collection should also be
sent to the Commission, in Docket No.
RM96–1–043 by any of the following
methods:
• eFiling at Commission’s website:
www.ferc.gov/docs-filing/efiling.asp;
• U.S. Postal Service Mail: Persons
unable to file electronically may mail
similar pleadings to the Federal Energy
Regulatory Commission, 888 First Street
NE, Washington, DC 20426; or
• Delivery of filings other than by
eFiling or the U.S. Postal Service should
be delivered to Health and Human
Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
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VII. Environmental Analysis
50. 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.33 The actions that we take
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
rules regarding sales, exchange, and
transportation of natural gas that require
no construction facilities.34 Therefore,
an environmental review is unnecessary
and has not been prepared as part of this
final rule.
VIII. Regulatory Flexibility Act
51. The Regulatory Flexibility Act of
1980 (RFA) 35 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. The
Commission is not required to make
such an analysis if proposed regulations
would not have such an effect.
52. As we stated in the WGQ Version
4.0 NOPR, approximately 193 interstate
natural gas pipelines, both large and
small, are potential respondents subject
to the requirements adopted by this
rule. Most of the natural gas pipelines
regulated by the Commission do not fall
within the RFA’s definition of a small
33 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986–1990 ¶ 30,783 (1987) (crossreferenced at 41 FERC ¶ 61,284).
34 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), and
380.4(a)(27) (2023).
35 5 U.S.C. 601–612.
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entity,36 which is currently defined for
natural gas pipelines as a company that,
in combination with its affiliates, has
total annual receipts of $41.5 million or
less.37 For the year 2022, only 14
potential respondents not affiliated with
larger companies had annual revenues
in combination with their affiliates of
$41.5 million or less and therefore could
be considered a small entity under the
RFA. This represents about eight
percent of the total universe of potential
respondents that may have a significant
burden imposed on them. We estimate
that the one-time implementation cost
of the proposals in this final rule is
$2,356,530 (or $12,210 per entity,
regardless of entity size).38 We do not
consider the estimated $12,210 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.
53. Accordingly, pursuant to section
605(b) of the RFA,39 the regulations
proposed herein should not have a
significant economic impact on a
substantial number of small entities.
IX. Document Availability
54. 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
(www.ferc.gov/).
55. 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.
36 See 5 U.S.C. 601(3) citing section 3 of the Small
Business Act (SBA), 15 U.S.C. 623. Section 3 of the
SBA defines a ‘‘small business concern’’ as a
business that is independently owned and operated,
and that is not dominant in its field of operation.
37 13 CFR 121.201 (Subsector 486-Pipeline
Transportation; North American Industry
Classification System code 486210; Pipeline
Transportation of Natural Gas) (2023). ‘‘Annual
Receipts’’ are total income plus cost of goods sold.
38 This number is derived by dividing the total
cost figure by the number of respondents.
$2,356,530/193 = $12,210.
39 5 U.S.C. 605(b).
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To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
56. User assistance is available for
eLibrary and the Commission’s website
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; phone:
(202) 502–8371, TTY (202) 502–8659;
email: public.referenceroom@ferc.gov.
X. Effective Date and Congressional
Notification
57. These regulations are effective
February 7, 2025. The Commission has
determined, with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
OMB, that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This final rule is
being submitted to the Senate, House,
and Government Accountability Office.
List of Subjects in 18 CFR Part 284
Continental shelf, Incorporation by
reference, Natural gas, Reporting and
recordkeeping requirements.
By direction of the Commission.
Issued: November 22, 2024.
Debbie-Anne A. Reese,
Secretary.
In consideration of the foregoing, the
Commission amends 18 CFR part 284 as
follows.
PART 284—CERTAIN SALES AND
TRANSPORTATION OF NATURAL GAS
UNDER THE NATURAL GAS POLICY
ACT OF 1978 AND RELATED
AUTHORITIES
1. The authority citation for part 284
continues to read as follows:
■
Authority: 15 U.S.C. 717–717z, 3301–
3432; 42 U.S.C. 7101–7352; 43 U.S.C. 1331–
1356.
2. Amend § 284.12 by:
A. Revising paragraphs (a)(1)(i)
through (vii);
■ B. Adding paragraph (a)(1)(viii); and
■ C. Revising paragraph (a)(2).
The revisions and additions read as
follows:
■
■
§ 284.12 Standards for pipeline business
operations and communications.
(a) * * *
(1) * * *
(i) WGQ Additional Standards
(Version 4.0, September 29, 2023);
(ii) WGQ Nominations Related
Standards (Version 4.0, September 29,
2023);
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(iii) WGQ Flowing Gas Related
Standards (Version 4.0, September 29,
2023);
(iv) WGQ Invoicing Related Standards
(Version 4.0, September 29, 2023);
(v) WGQ Invoicing Related Standards
Minor Correction/Clarification
MC24002, approved by the WGQ on
May 2, 2024 (Minor Correction/
Clarification MC24002 was
implemented on May 17, 2024).
(vi) WGQ Quadrant Electronic
Delivery Mechanism Related Standards
(Version 4.0, September 29, 2023);
(vii) WGQ Capacity Release Related
Standards (Version 4.0, September 29,
2023); and
(viii) WGQ Cybersecurity Related
Standards (Version 4.0, September 29,
2023)
(2) The material listed paragraph
(a)(1) is incorporated by reference into
this section with the approval of the
Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All
approved material is available for
inspection at the Federal Energy
Regulatory Commission and at the
National Archives and Records
Administration (NARA). For assistance
in viewing the material, contact the
Federal Energy Regulatory Commission
at: 888 First Street NE, Washington, DC
20426 phone: 202–502–8371; email:
public.referenceroom@ferc.gov; website:
https://www.ferc.gov. For information
on the availability of this material at
NARA, visit www.archives.gov/federalregister/cfr/ibr-locations or email
fr.inspection@nara.gov. The material
also may be obtained from the North
American Energy Standards Board, 801
Travis Street, Suite 1675, Houston, TX
77002; phone: (713) 356–0060; website:
https://www.naesb.org/.
*
*
*
*
*
[FR Doc. 2024–28090 Filed 12–6–24; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 50
[Docket No. OAG 177; AG Order No. 6101–
2024]
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RIN 1105–AB62
Guidelines and Limitations for
Settlement Agreements Involving
Payments to Non-Governmental Third
Parties
Department of Justice.
Final rule.
AGENCY:
ACTION:
This final rule adopts without
change the interim final rule issued by
SUMMARY:
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the Department of Justice
(‘‘Department’’ or ‘‘DOJ’’) on May 10,
2022, that revoked a prohibition on the
inclusion of provisions in settlement
agreements directing or providing for a
payment or loan to a non-governmental
person or entity not a party to the
dispute, subject to limited exceptions.
DATES: This rule is effective December 9,
2024.
FOR FURTHER INFORMATION CONTACT:
Robert Hinchman, Senior Counsel,
Office of Legal Policy, U.S. Department
of Justice, telephone (202) 514–8059
(not a toll-free number).
SUPPLEMENTARY INFORMATION: The
Department has established a docket for
this action on the www.regulations.gov
site under Docket DOJ–OAG–2022–
0001. All documents in the docket are
listed on the https://www.regulations.gov
website.
I. Summary of This Rulemaking
A. Overview of This Rule
On December 16, 2020, the
Department issued a regulation
prohibiting, subject to limited
exceptions, the inclusion of provisions
in settlement agreements directing or
providing for a payment or loan, in cash
or in kind, to any non-governmental
person or entity not a party to a dispute.
Prohibition on Settlement Payments to
Non-Governmental Third Parties, 85 FR
81409 (‘‘the December 2020 Rule’’)
(adding 28 CFR 50.28). On May 10,
2022, DOJ published for public
comment an interim final rule (‘‘IFR’’)
that revoked the December 2020 Rule,
Guidelines and Limitations for
Settlement Agreements Involving
Payments to Non-Governmental Third
Parties, 87 FR 27936.
The IFR also solicited public
comment on an Attorney General
memorandum posted on the DOJ
website in conjunction with the IFR, the
Memorandum for the Heads of
Department Components and United
States Attorneys from the Attorney
General, Re: Guidelines and Limitations
for Settlement Agreements Involving
Payments to Non-Governmental Third
Parties (May 5, 2022) (the ‘‘May 2022
Memorandum’’), https://
www.justice.gov/d9/pages/attachments/
2022/05/05/02._ag_guidlines_and_
limitations_memorandum_0.pdf (last
visited Oct. 31, 2024).
This preamble responds to comments
received on the IFR. As reflected in this
preamble, the Department is not making
any changes to the rule or to the May
2022 Memorandum.
That said, DOJ is using the
opportunity of this final rule to publicly
announce that it will add two
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97525
provisions to the section of the Justice
Manual (https://www.justice.gov/jm/
justice-manual) addressing third-party
payments, section 1–17.000, Settlement
Agreements Involving Payments to NonGovernmental Third Parties, as
discussed later in this preamble.
B. Background Explanation for This
Rule
The Department, as explained in this
preamble, has concluded that its action
in May 2022 to revoke 28 CFR 50.28 and
establish the current policy continues to
be appropriate. The Department has
authority to settle litigation incident to
the Attorney General’s power to
supervise litigation for the United
States. Authority of the United States to
Enter Settlements Limiting the Future
Exercise of Executive Branch Discretion,
23 Op. O.L.C. 126, 135 (1999)
(‘‘Authority of the United States to Enter
Settlements’’). The Department regularly
settles civil and criminal matters to
compensate victims, redress harms, and
punish and deter unlawful conduct
without the costs and delay that can
accompany trials. For decades and
across Administrations, Department
components entered into settlement
agreements that involved payments to
certain third parties as a means of
addressing harms arising from
violations of Federal law.
It has been the consistent view of the
Office of Legal Counsel (‘‘OLC’’),
acknowledged when the December 2020
Rule was promulgated, that settlements
involving payments to nongovernmental third parties can comport
with the Miscellaneous Receipts Act
(‘‘MRA’’), 31 U.S.C. 3302(b). See
Memorandum for William P. Barr,
Attorney General, from Steven A. Engel,
Assistant Attorney General, Office of
Legal Counsel, Re: Final Rule
Prohibiting Settlement Payments to
Non-Governmental Third Parties at 2
(Dec. 4, 2020) (‘‘December 2020 OLC
Memo’’) (citing Application of the
Government Corporation Control Act
and the Miscellaneous Receipts Act to
the Canadian Softwood Lumber
Settlement Agreement, 30 Op. O.L.C.
111, 119 (2006) (‘‘Softwood Lumber’’)),
https://www.justice.gov/oip/foia-library/
foia-processed/general_topics/
settlement_guidelines_third_parties_2_
14_23/download (last visited Oct. 31,
2024).
In 2017, the Attorney General issued
a memorandum prohibiting Department
attorneys from entering into case
resolutions in civil and criminal matters
providing for certain third-party
payments. See Memorandum for All
Component Heads and United States
Attorneys from the Attorney General,
E:\FR\FM\09DER1.SGM
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Agencies
[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Rules and Regulations]
[Pages 97518-97525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28090]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 284
[Docket No. RM96-1-043; Order No. 587-AA]
Standards for Business Practices of Interstate Natural Gas
Pipelines
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission amends its
regulations to incorporate by reference, with certain enumerated
exceptions, the latest version (Version 4.0) of Standards for Business
Practices of Interstate Natural Gas Pipelines adopted by the Wholesale
Gas Quadrant (WGQ) of the North American Energy Standards Board
(NAESB). NAESB's revisions in this version of the standards are
designed to promote greater efficiency and reliability of the natural
gas industry's operations and strengthen the cybersecurity protections
provided within the standards.
DATES:
Effective date: This rule is effective February 7, 2025.
Compliance date: Compliance filings required by this final rule are
due on February 3, 2025. Compliance with the standards incorporated by
reference in this rule is required by August 1, 2025.
Incorporation by reference: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register as of February 7, 2025.
FOR FURTHER INFORMATION CONTACT:
Jerry Chiang (Technical Issues), Office of Energy Policy and
Innovation, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426, (202) 502-8786
Oscar F. Santillana (Technical Issues), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426, (202) 502-6392
Carla Pettus (Legal Issues), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426, (202) 502-8361
SUPPLEMENTARY INFORMATION:
Table of Contents
------------------------------------------------------------------------
Paragraph Nos.
------------------------------------------------------------------------
I. Overview............................................. 1
II. Background.......................................... 3
III. Discussion......................................... 9
A. The NAESB WGQ Version 4.0 Business Practice 13
Standards..........................................
1. WGQ Cybersecurity Related Standards.............. 15
2. Other Standards Modifications.................... 16
3. Standards Not Incorporated by Reference.......... 22
B. Required Compliance Filings...................... 23
C. Implementation Procedures........................ 24
IV. Notice of Use of Voluntary Consensus Standards...... 30
V. Incorporation by Reference........................... 31
VI. Information Collection Statement.................... 43
VII. Environmental Analysis............................. 50
VIII. Regulatory Flexibility Act........................ 51
[[Page 97519]]
X. Effective Date and Congressional Notification........ 57
------------------------------------------------------------------------
I. Overview
1. In this final rule, the Federal Energy Regulatory Commission
(Commission) amends its regulations at 18 CFR 284.12 to incorporate by
reference, with certain enumerated exceptions,\1\ the latest version
(WGQ Version 4.0) of business practice standards applicable to natural
gas pipelines. On October 2, 2023, NAESB reported to the Commission
that it had approved WGQ Version 4.0 to replace the currently
incorporated version (Version 3.2) of those business practice
standards. On May 21, 2024, NAESB reported a minor correction to WGQ
Version 4.0. This final rule requires interstate natural gas pipelines
to file compliance filings with the Commission by February 3, 2025,
with an effective date of the tariff records of August 1, 2025.
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\1\ As explained below, we are not incorporating by reference in
this final rule the optional model contracts and the eTariff-related
standards included in the North American Energy Standards Board
(NAESB) Wholesale Gas Quadrant (WGQ) Version 4.0 package of business
practice standards.
---------------------------------------------------------------------------
2. The implementation of these standards will promote greater
efficiency and reliability of the natural gas industry's operations and
strengthen the cybersecurity protections provided within the
standards.\2\
---------------------------------------------------------------------------
\2\ As explained below, NAESB has developed and adopted, in
conjunction with Sandia National Laboratories, a series of business
practice standards to strengthen the cybersecurity protections
provided within the standards.
---------------------------------------------------------------------------
II. Background
3. 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 system. These regulations have been promulgated in
the Order No. 587 series of orders,\3\ 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 the standards will replace the currently incorporated
version (Version 3.2) of those business practice standards.
---------------------------------------------------------------------------
\3\ This series of orders began with the Commission's issuance
of Order No. 587, Standards for Business Practices of Interstate
Natural. Gas Pipelines. 61 FR 39053 (July 26, 1996), FERC Stats. &
Regs. ] 31,038 (1996) (cross-referenced at 76 FERC ] 61,042).
---------------------------------------------------------------------------
4. On October 2, 2023, NAESB filed a report (Informational Report)
informing the Commission that it had adopted and ratified WGQ Version
4.0 of its business practice standards applicable to interstate natural
gas pipelines. WGQ Version 4.0 includes business practice standards
developed and modified in response to industry requests and directives
from the NAESB Board of Directors. This version also includes the
standards developed in response to the recommendations of Sandia
National Laboratories (Sandia),\4\ which in 2019 issued a DOE-sponsored
cybersecurity surety assessment of the NAESB standards.\5\
---------------------------------------------------------------------------
\4\ Sandia is a multidisciplinary national laboratory and
federally funded research and development center for the U.S.
Department of Energy's (DOE) National Nuclear Security
Administration that supports numerous federal, state, and local
government agencies, companies, and organizations.
\5\ In April 2017, NAESB announced that Sandia, through funding
provided by DOE, would be performing a surety assessment of the
NAESB standards. As determined by Sandia and DOE, the purpose of the
surety assessment was to analyze cybersecurity elements within the
standards, focusing on four areas: (1) the NAESB Certification
Program for Accredited Certification Authorities, including the
Wholesale Electric Quadrant (WEQ)-012 Public Key Infrastructure
Business Practice Standards, the NAESB Accreditation Requirements
for Authorized Certificate Authorities, and the Authorized
Certification Authority Process; (2) the WEQ Open Access Same-Time
Information Systems suite of standards; (3) the WGQ and Retail
Markets Quadrant internet Electronic Transport (IET) and Quadrant
Electronic Delivery Mechanism (EDM) Related Standards Manual; and
(4) a high-level dependency analysis between the gas and electric
markets to evaluate the different security paradigms the markets
employ.
---------------------------------------------------------------------------
5. NAESB's Informational Report identifies all the changes made to
the WGQ Version 3.2 standards and summarizes the deliberations that led
to the changes being made. It also identifies changes to the existing
standards that were considered but not adopted due to a lack of
consensus or other reasons.
6. On March 21, 2024, the Commission issued a Notice of Proposed
Rulemaking proposing to amend its regulations to incorporate by
reference, with certain enumerated exceptions, the WGQ Version 4.0
business practice standards applicable to interstate natural gas
pipelines.\6\
---------------------------------------------------------------------------
\6\ Standards for Bus. Pracs. of Interstate Nat. Gas Pipelines,
Notice of Proposed Rulemaking, 89 FR 23954 (Apr. 4, 2024), 186 FERC
] 61,196 (2024) (WGQ Version 4.0 NOPR).
---------------------------------------------------------------------------
7. On May 21, 2024, NAESB submitted, and the Commission noticed for
comment, an errata filing to update the Informational Report, noting a
minor correction to an existing WGQ standard.\7\ The standard supports
the communication of invoices between trading partners, including
transactions for natural gas transportation and sales and related
charges and/or allowances. NAESB states that it adopted and ratified
the changes for that standard on March 23, 2020, which became effective
on November 3, 2020, but were inadvertently omitted from WGQ Version
3.2 and WGQ Version 4.0. The minor correction revised the Electronic
Delivery Mechanism (EDI) X12 Mapping Guidelines for existing WGQ
standard 3.4.1--Transportation/Sales Invoice to add code values for
five data elements.\8\
---------------------------------------------------------------------------
\7\ NAESB WGQ implemented the minor correction, Minor Correction
MC24002, on May 17, 2024, which modifies NAESB WGQ Standard No.
3.4.1--Transportation/Sales Invoice included in the WGQ Invoicing
Related Standards.
\8\ NAESB states that the standard changes are to ensure the
hierarchal structure of the dataset complied with the Accredited
Standards Institute X12 Transaction Set 811 Consolidated Service
Invoice/Statement.
---------------------------------------------------------------------------
8. In response to the WGQ Version 4.0 NOPR, the American Gas
Association (AGA) and the Interstate Natural Gas Association (INGAA)
filed comments. AGA expresses support of the Commission's proposed
rulemaking as well as the minor correction submitted by NAESB on May
21, 2024.\9\ INGAA also supports the Commission's proposed rulemaking
but urges that the Commission not implement the final rule during the
winter heating season, and thus, requests that the implementation date
of the final rule should not be earlier than April 1, 2025.\10\
---------------------------------------------------------------------------
\9\ AGA Comments at 1. AGA also expresses its disappointment
that Standards Request No. 23001 was not part of the proposed
revisions. AGA Comments at 1-2. These comments do not pertain to
this final rule, and thus, will not be addressed.
\10\ INGAA Comments at 2.
---------------------------------------------------------------------------
III. Discussion
9. In the WGQ Version 4.0 NOPR, the Commission proposed to
incorporate by reference in its regulations the NAESB WGQ Version 4.0
business practice standards, with the exception of NAESB's standards
specifying the terms of optional model contracts and the eTariff-
related standards. No commenters opposed the Commission's proposal.
[[Page 97520]]
10. In this final rule, we adopt the proposal to incorporate by
reference, in our regulations, the NAESB WGQ Version 4.0 business
practice standards, with certain exceptions. As an initial matter, we
note that the WGQ Version 4.0 business practice standards include
modifications, reservations, deletions, and additions to the following
set of Version 3.2 WGQ Standards. (Each set of Business Practice
Standards is referred to as a manual.)
------------------------------------------------------------------------
Manual Business practice standards
------------------------------------------------------------------------
0............................... Additional Standards.
2............................... Flowing Gas Related Standards.
3............................... Invoicing Related Standards.
4............................... Quadrant Electronic Delivery Mechanism
Standards.
5............................... Capacity Release Related Standards.
10.............................. WGQ/REQ/RGQ Internet Electronic
Transport.
------------------------------------------------------------------------
Additionally, the WGQ Version 4.0 business practice standards
include one new manual of standards:
------------------------------------------------------------------------
Manual Business practice standards
------------------------------------------------------------------------
12.............................. Cybersecurity Related Standards.
------------------------------------------------------------------------
11. We require compliance filings be made by February 3, 2025, with
an effective date of August 1, 2025. as more fully described below.
12. We discuss below some specific aspects of NAESB's Informational
Report.
A. The NAESB WGQ Version 4.0 Business Practice Standards
13. NAESB used its consensus procedures to develop and approve the
WGQ Version 4.0 business practice standards. As the Commission found in
Order No. 587, the 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. Moreover, since the industry itself must 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),\11\ Congress affirmatively requires federal agencies to use
technical standards developed by voluntary consensus standards
organizations, like NAESB, as means to carry out policy objectives or
activities.
---------------------------------------------------------------------------
\11\ Public Law 104-113, 12(d), 110 Stat. 775 (1996).
---------------------------------------------------------------------------
14. We incorporate by reference into the Commission's regulations
the WGQ Version 4.0 business practice standards, with the exception of
NAESB's standards specifying the terms of optional model contracts and
the eTariff-related standards, as discussed below.
1. WGQ Cybersecurity Related Standards
15. The new WGQ Cybersecurity Related Standards Manual consolidates
existing NAESB cybersecurity-related standards from various NAESB
standards manuals into a single manual. This consolidation should make
the NAESB and Commission processes for revising NAESB cybersecurity
standards easier and faster to help match the fast pace of changes in
cybersecurity practices. These standards focus on strengthening the
cybersecurity practices used by the industry through the mitigation of
potential vulnerabilities and the use of secure communication and
encryption methodologies.
2. Other Standards Modifications
16. In response to industry request, WGQ Version 4.0 adds new data
elements to the WGQ Additional Standards and the WGQ Capacity Release
Related Standards and modifies existing data elements in the WGQ
Flowing Gas Related Standards and the WGQ Invoicing Related Standards
to improve efficiencies of business processes for transportation
service providers and parties interacting with these entities.\12\
---------------------------------------------------------------------------
\12\ Natural gas transportation service is provided by
interstate pipelines, intrastate pipelines, natural gas gathering
pipelines, and local distribution companies; all are referred to as
``transportation service providers.''
---------------------------------------------------------------------------
17. The revised WGQ Additional Standards add a new data element,
``Cycle Indicator,'' to the data set for the Storage Information
standard to address technical details for reporting natural gas storage
balances and the activities that affect storage balances. The new
sender's option data element ``Cycle Indicator'' will support the
reporting of storage information data for each cycle while also
allowing parties receiving such information to distinguish between the
data more easily for individual transactions.\13\
---------------------------------------------------------------------------
\13\ Informational Report at 4.
---------------------------------------------------------------------------
18. Revisions to the WGQ Flowing Gas Related Business Practice
Standards include a change to the ``Service Requester Contract'' data
element from ``not used'' to ``mutually agreed,'' for allocation of
natural gas between parties under two pre-determined allocation
transaction types, found within the allocation matrix included as part
of WGQ Standard 2.4.3.\14\
---------------------------------------------------------------------------
\14\ The matrix identifies the data elements needed to
communicate the results of the allocation process.
---------------------------------------------------------------------------
19. NAESB revised the WGQ Invoicing Related Standards by modifying
the ``Charge Type Rate'' data element contained in the data set for the
Transportation/Sales Invoice standard to allow for the identification
of multiple rates that may be applicable for a single transaction or
service. The modification to the data element allows transportation
service providers to use a ``null'' value in circumstances where
information describing the applicable charge type rate is included as
part of miscellaneous notes. This change will allow transportation
service providers to make available a summary of the amount due for
each line item of an invoice with detailed, breakout information
regarding the applicable rate and make it easier for a customer to
ascertain the final charge amount.\15\
---------------------------------------------------------------------------
\15\ Informational Report at 5.
---------------------------------------------------------------------------
20. The revised WGQ Capacity Release Related Standards add a new
sender's option data element, ``Location Indicator Data,'' to the
Transactional Reporting--Capacity Release standard to provide a
mechanism for a transportation service provider to communicate the
locations at which a discounted rate is offered as well as if the rate
is associated with a single location, multiple locations, or all
locations.
21. Also included in WGQ Version 4.0 is a previous revision to an
existing WGQ Invoicing Related Standard that modifies the ``Electronic
Delivery Mechanism (EDI) X12 Mapping Guidelines'' by adding code values
for five data elements to WGQ Standard 3.4.1--Transportation/Sales
Invoice to ensure the hierarchal structure of the dataset complied with
the Accredited Standards Institute X12 Transaction Set 811 Consolidated
Service Invoice/Statement.
3. Standards Not Incorporated by Reference
22. We continue our past practice \16\ of not incorporating by
reference into our regulations the WGQ standard contracts relating to
the sale of natural gas because we do not require the use of these
contracts.\17\ Thus, we also do not incorporate by reference the WGQ
4.0
[[Page 97521]]
Contracts Related Standards Manual. In addition, consistent with our
findings in past proceedings, we do not incorporate by reference the
WGQ eTariff Related Standards because the Commission has previously
adopted and posted its standards and protocols for electronic tariff
filings based on NAESB standards.\18\
---------------------------------------------------------------------------
\16\ See, e.g., Standards for Bus. Practices of Interstate Nat.
Gas Pipelines, Notice of Proposed Rulemaking, 86 FR 12879 (March 5,
2021), 174 FERC ] 61,103, at P 19 (2021) (Version 3.2 NOPR).
\17\ Id.; Standards for Bus. Practices of Interstate Nat. Gas
Pipelines, Order No. 587-V, 77 FR 43711 (Jul. 26, 2012), 140 FERC ]
61,036, at P 11 n.11 (2012).
\18\ Version 3.2 NOPR, 174 FERC ] 61,103 at P 19; Elec. Tariff
Filings, Order No. 714, 73 FR 57515 (Oct. 3, 2008), 124 FERC ]
61,270 (2008).
---------------------------------------------------------------------------
B. Required Compliance Filings
23. As suggested by INGAA, we will delay implementation of this
final rule until after the 2024-2025 winter heating period. To
implement the standards that we are incorporating by reference in this
final rule, we will require each interstate natural gas pipeline to
file a separate tariff record reflecting the changed standards by
February 3, 2025.\19\ In response to INGAA's concern that the
Commission could require implementation of this final rule during the
winter heating season, we will require the compliance filings to be
made with an effective date of August 1, 2025. We are adopting this
implementation schedule to give the interstate natural gas pipelines
subject to these standards adequate time to implement these changes.
---------------------------------------------------------------------------
\19\ To aid in compliance, promptly after issuance of this final
rule, we will post a sample tariff record on the Commission's
website that may be accessed at www.ferc.gov/ferc-online/elibrary.
All interstate natural gas pipelines are to file their tariff
records in conformance with this sample tariff record.
---------------------------------------------------------------------------
C. Implementation Procedures
24. We will continue the compliance filing requirements as revised
and prescribed in Order No. 587-V to increase the transparency of the
interstate natural gas 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.\20\ We require each interstate natural gas pipeline to
submit its compliance filing no later than February 3, 2025.
---------------------------------------------------------------------------
\20\ Order No. 587-V, 140 FERC ] 61,036 at PP 36-39.
---------------------------------------------------------------------------
25. Consistent with the Commission's practice since Order No. 587-
V, each interstate natural gas pipeline must designate a single tariff
section under which every NAESB WGQ Standard incorporated by reference
by the Commission is listed.\21\ In that tariff section, the pipeline
must list for each standard:
---------------------------------------------------------------------------
\21\ Trans-Union Interstate Pipeline L.P., 141 FERC ] 61,167, at
P 36 (2012) (Order No. 587-V Compliance Order); Version 3.2 NOPR,
174 FERC ] 61,103 at P 21.
(a) whether the standard is incorporated by reference;
(b) for those standards not incorporated by reference, the
tariff provision that complies with the standard; or
(c) for those standards with which the pipeline does not comply,
an explanatory statement, including an indication of whether the
pipeline has been granted a waiver, extension of time, or other
variance with respect to compliance with the standard.\22\
---------------------------------------------------------------------------
\22\ Shippers can use the Commission's electronic tariff system
to locate the tariff record containing the NAESB standards, which
will indicate the docket in which any waiver or extension of time
was granted.
26. Likewise, consistent with past practice, we will post on our
eLibrary website (under Docket No. RM96-1-043) a sample tariff format,
to provide filers with an illustrative example to aid them in preparing
their compliance filings.
27. Consistent with our policy since Order No. 587-V,\23\ entities
may request waivers under the requirements set forth in Order No. 587-V
and the Commission will then evaluate those requests at that time.\24\
---------------------------------------------------------------------------
\23\ Order No. 587-V, 140 FERC ] 61,036.
\24\ Order No. 587-V Compliance Order, 141 FERC ] 61,167 at PP
4, 38 (a pipeline does not need to seek a waiver for standards that
address business practices that the pipeline does not offer).
---------------------------------------------------------------------------
28. 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 the Commission granted a
waiver or extension of time, and the docket number or order citation to
the proceeding in which the Commission granted the waiver or extension
of time. The pipeline also must present an explanation for why such
waiver or extension of time should remain in force with regard to the
WGQ Version 4.0 Standards.
29. This implementation approach continues the Commission's
practice of having pipelines include in their tariffs a common location
that identifies the way in which the pipeline is incorporating all the
NAESB WGQ Standards and the standards with which it is required to
comply.
IV. Notice of Use of Voluntary Consensus Standards
30. Office of Management and Budget (OMB) Circular A-119 (section
11) (Feb. 10, 1998) provides that when a federal agency issues or
revises a regulation containing a standard, the agency should publish a
statement in the final rule stating whether the adopted standard is a
voluntary consensus standard or a government-unique standard. In this
final rule, we are incorporating by reference voluntary consensus
standards developed by NAESB's WGQ. In section 12(d) of NTT&AA,
Congress affirmatively requires federal agencies to use technical
standards developed by voluntary consensus standards organizations to
carry out policy objectives or activities determined by the agencies
unless use of such standards would be inconsistent with applicable law
or otherwise impractical.\25\
---------------------------------------------------------------------------
\25\ Public Law 104-113, 12(d), 110 Stat. 775 (1996), 15 U.S.C.
272 note (1997).
---------------------------------------------------------------------------
V. Incorporation by Reference
31. The Office of the Federal Register requires agencies
incorporating material by reference in final rules to discuss the ways
that the materials it incorporates by reference are reasonably
available to interested parties and how interested parties can obtain
the materials.\26\ The regulations also require agencies to summarize,
in the preamble of the final rule, the material it incorporates by
reference. The standards that we are incorporating by reference in this
final rule consist of seven suites of NAESB WGQ Business Practice
Standards, which include a minor correction to the invoicing related
standards, that address a variety of topics and are designed to
streamline the transactional processes for the wholesale natural gas
industry by promoting a more competitive and efficient market. These
include the: WGQ Additional Business Practice Standards; WGQ
Nominations Related Business Practice Standards; WGQ Flowing Gas
Related Business Practice Standards; WGQ Invoicing Related Business
Practice Standards, with WGQ Invoicing Related Standards Minor
Correction MC24002; WGQ Quadrant Electronic Delivery Mechanism Related
Business Practice Standards; WGQ Capacity Release Related Business
Practice Standards; and WGQ Cybersecurity Related Standards.
---------------------------------------------------------------------------
\26\ 1 CFR 51.5 (2023). See Incorporation by Reference, 79 FR
66267 (Nov. 7, 2014).
---------------------------------------------------------------------------
32. As noted above, included in the standards incorporated by
reference is the WGQ Invoicing Related Standards Minor Correction (MC
24002), which is an errata to update the Informational Report to the
existing standard which supports the communication of invoices between
trading partners.
33. We summarize these standards below. The WGQ Additional Business
Practice Standards address six areas: Creditworthiness; Storage
Information;
[[Page 97522]]
Gas/Electric Operational Communications; Operational Capacity;
Unsubscribed Capacity; and Location Data Download.
The Creditworthiness related standards describe
requirements for the exchange of information, notification, and
communication between parties during the creditworthiness evaluation
process.
The Storage Information related standards define the
information to be provided to natural gas service requesters related to
storage activities and/or balances.
The Gas/Electric Operational Communications related
standards define communication protocols intended to improve
coordination between the natural gas and electric industries in daily
operational communications between gas transportation service providers
and gas-fired power plants. These standards include requirements for
communicating anticipated power generation fuel needs for the upcoming
day as well as any operating problems that might hinder gas-fired power
plants from receiving contractual gas quantities.
The Operational Capacity related standards define
requirements for the transportation service provider's reporting of its
operational capacity, total scheduled quantity, and operationally
available capacity.
The Unsubscribed Capacity related standards define
requirements for the transportation service provider's reporting of its
available unsubscribed capacity.
The Location Data Download related standards define
requirements for the use of codes assigned by the transportation
service provider for locations and common codes for parties
communicating electronically.
34. The WGQ Nominations Related Business Practice Standards define
the process by which a natural gas service requester with a natural gas
transportation contract nominates (or requests) service from a pipeline
or a transportation service provider for the delivery of natural gas.
35. The WGQ Flowing Gas Related Business Practice Standards define
the business processes related to the communication of entitlement
rights of flowing gas at a location, of the entitlement rights on a
contractual basis, of the management of imbalances, and of the
measurement and gas quality information of the actual flow of gas.
36. The WGQ Invoicing Related Business Practice Standards define
the process for the communication of charges for services rendered
(Invoice), communication of details about funds rendered in payment for
services rendered (Payment Remittance), and communication of the
financial status of a customer's account (Statement of Account).
37. The WGQ Quadrant Electronic Delivery Mechanism Related Business
Practice Standards define the framework for the electronic
dissemination and communication of information between parties in the
North American wholesale gas marketplace for Electronic Data
Interchange/EDM transfers, batch flat file/EDM transfers, informational
postings websites, Electronic Bulletin Boards/EDM, and interactive flat
file/EDM.
38. The WGQ Capacity Release Related Business Practice Standards
define the business processes for communication of information related
to the selling of all or any portion of a transmission service
requester's contract rights.
39. The WGQ Cybersecurity Related Standards consolidate existing
NAESB cybersecurity-related standards from various standards manuals
into a single manual. These standards define the requirements for
ensuring the security of electronic communications and transactions
among parties.
40. Commission regulations provide that copies of the standards
incorporated by reference may be obtained through purchase or otherwise
from the North American Energy Standards Board, 801 Travis Street,
Suite 1675, Houston, TX 77002; phone: (713) 356-0060; website:
www.naesb.org/. The standards can also be reviewed without purchasing
them.
41. The procedures used by NAESB make its standards reasonably
available to those affected by Commission regulations, which generally
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 $8,000,
which entitles them to full participation in NAESB and enables them to
obtain these standards at no additional cost. Non-members may obtain
any of the ten individual standards manuals for $250 per manual, which
in the case of these standards would total $2,500 for all ten manuals.
Non-members also may obtain the complete set of Standards Manuals for
$2,000.
42. NAESB provides ample opportunities for non-members, including
agents, subsidiaries, and affiliates of NAESB members, to obtain access
to the copyrighted standards through a no-cost limited copyright
waiver. The limited copyright waivers are issued by the NAESB office
and are granted to non-members on a case-by-case basis for the purpose
of evaluating standards prior to purchase and/or reviewing the
standards to prepare comments to a regulatory agency. Following the
granting of a limited copyright waiver, the non-member is provided with
read-only access to the standards through the end of the comment period
or some other set period of time via Locklizard Safeguard Secure
Viewer.\27\ NAESB will grant one limited copyright wavier per company
for each set of standards or final actions. Any entity seeking a
limited copyright waiver should contact the NAESB office.
---------------------------------------------------------------------------
\27\ For more information on Locklizard, please refer to the
company's website: www.locklizard.com.
---------------------------------------------------------------------------
VI. Information Collection Statement
43. The OMB regulations require that OMB approve certain reporting,
record keeping, and public disclosure requirements (information
collection) imposed by an agency.\28\ Therefore, we are submitting our
proposed information collection to OMB for review in accordance with
section 3507(d) of the Paperwork Reduction Act of 1995. Upon approval
of a collection 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 collection of information
displays a valid OMB control number.
---------------------------------------------------------------------------
\28\ 5 CFR 1320.11 (2023).
---------------------------------------------------------------------------
44. The Commission solicited comments on our 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.
45. Public Reporting Burden: The burden estimates for this final
rule are for one-time implementation of the information collection
requirements of this final rule (including tariff filing, documentation
of the process and procedures, and information technology work).
46. The collections of information related to this final rule fall
under FERC-545 (Gas Pipeline Rates: Rate Change (Non-Formal)) \29\ and
FERC-549C (Standards for Business Practices
[[Page 97523]]
of Interstate Natural Gas Pipelines).\30\ The following estimates of
reporting burden are related only to this Final Rule and include the
costs to pipelines for compliance with the Commission's directives in
this final rule. The burden estimates are primarily related to
implementing these standards and regulations and will not result in
ongoing costs.
---------------------------------------------------------------------------
\29\ FERC-545 covers rate change filings made by natural gas
pipelines, including tariff changes.
\30\ FERC-549C covers Standards for Business Practices of
Interstate Natural Gas Pipelines.
RM96-1-043 NOPR (Standards for Business Practices of Interstate Natural Gas Pipelines)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Annual number Annual costs
respondents of responses Total number of Average burden hr. per response Total annual burden hours & total annual per respondent
\31\ per respondent responses cost \32\ ($)
(1) (2) (1) * (2) = (3) (4).................................... (3) * (4) = (5).......................... (5)/(1) = (6)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-545 (one-time)..................... 193 1 193 10 hrs.; $1,110........................ 1,930 hrs.; $214,230..................... $1,110
FERC-549C (one-time).................... 193 1 193 100 hrs.; $11,100...................... 19,300 hrs.; $2,142,300.................. $11,100
-------------------------------------------------------------------------------------------------------------------------------------------------------
Total............................... .............. .............. 386 ....................................... 21,230 hrs.; $2,356,530..................
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The one-time burden (for both the FERC-545 and FERC-549C) would
take place in Year 1 and will be averaged over 3 years as follows:
---------------------------------------------------------------------------
\31\ 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.
\32\ The estimated hourly cost (salary plus benefits) provided
in this section is based on the salary figures for March 2024 posted
on June 18, 2024 by the Bureau of Labor Statistics for the Utilities
sector (available at www.bls.gov/oes/current/naics3221000.htm) and
scaled to reflect benefits using the relative importance of employer
costs for employee compensation (available at https://www.bls.gov/news.release/ecec.nr0.htm). The hourly estimates for salary plus
benefits are:
Computer and Information Systems Manager (Occupation Code: 11-
3021), $115.47.
Computer and Information Analysts (Occupation Code: 15-1221,
$87.19.
Electrical Engineer (Occupation Code: 17-2071), $79.31.
Legal (Occupation Code: 23-0000), $162.66.
The average hourly cost (salary plus benefits), weighting these
skill sets evenly, is $111.16. We round it to $111/hour.
FERC-545: 1,930 / 3 = 643.33 hours/year over 3 years
FERC-549C: 19,300 / 3 = 6,433.33 hours/year over 3 years
The responses and burden for Years 1-3 would total respectively
as follows:
Year 1: 64.33 responses; 643.33 hours (FERC-545); 6,433.33 hours
(FERC-549C)
Year 2: 64.33 responses; 643.33 hours (FERC-545); 6,433.33 hours
(FERC-549C)
Title: FERC-545, Gas Pipeline Rates: Rates Change (Non-Formal);
FERC-549C, Standards for Business Practices of Interstate Natural Gas
Pipelines.
Action: Proposed information collections
OMB Control Nos.: 1902-0154 (FERC-545), 1902-0174 (FERC-549C).
Respondents: Business or other for profit (e.g., Natural Gas
Pipelines, applicable to only a few small businesses).
Frequency of Responses: One-time implementation (related to
business procedures, capital/start-up).
Necessity of Information: In response to NAESB's standard
development activities, the Commission has determined that the
revisions the Commission makes in this final rule to its regulations
would make minor adjustments to the standards previously adopted by the
Commission. The standards consolidate the cybersecurity standards in
one standards manual for ease of reference and revision, deleting one
element in the Data Dictionary for internet ET included in the WGQ
Cybersecurity Related Standards and makes numerous minor changes
throughout the corresponding manual and the WGQ EDM Related Standards
to correct typographical and capitalization errors.
47. Further, in response to industry requests or through the normal
course of WGQ activities, the Commission has determined that the
revisions the Commission makes in this final rule to its regulations
would upgrade current business practices and communication standards by
specifically: (1) adding a new data element, ``Cycle Indicator,'' to
the data set for the Storage Information standard to address technical
details for the reporting of storage balances and the activities that
affect storage balances; (2) revising the data element ``Service
Requester Contract'' contained in the data set for the Flowing Gas
Related Allocation standard to identify the applicable contract and to
support the communication of the results of processes used to allocate
the actual flow of gas quantities to parties involved in a transaction;
(3) modifying the ``Charge Type Rate'' data element contained in the
data set for the Transportation/Sales Invoice standard that allows for
the identification of multiple rates that may be applicable for a
single transaction or service; (4) adding a new sender's option data
element, ``Location Indicator Data,'' to the Transactional Reporting--
Capacity Release standard to improve efficiencies by providing a
mechanism for a transportation service provider to communicate the
locations at which a discounted rate is offered as well as if the rate
is associated with a single location, multiple locations, or all
locations; (5) adding code values for five data elements to the EDI X12
Mapping Guidelines in the Transportation/Sales Invoice standard to
ensure the hierarchal structure of the dataset complied with the
Accredited Standards Institute X12 Transaction Set 811 Consolidated
Service Invoice/Statement. 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 interstate natural gas pipelines
adopted by NAESB and has determined that the revisions the Commission
makes in this final rule to its regulations are necessary to promote
greater efficiency and reliability of the natural gas industry's
operations and strengthen cybersecurity protections. These requirements
conform to our plan for efficient information collection,
communication, and management within the natural gas pipeline industry.
The Commission has determined through its internal review that there is
specific, objective support for the burden estimates associated with
the information requirements.
48. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426; email:
[email protected].
49. Comments concerning the collection of information(s) and the
associated burden estimate(s), should be
[[Page 97524]]
sent to the Office of Information and Regulatory Affairs, the Office of
Management and Budget, Washington, DC 20503; attention: Desk Officer
for the Federal Energy Regulatory Commission, phone: (202) 395-0710;
fax: (202) 395-4718. A copy of the comments on information collection
should also be sent to the Commission, in Docket No. RM96-1-043 by any
of the following methods:
eFiling at Commission's website: www.ferc.gov/docs-filing/efiling.asp;
U.S. Postal Service Mail: Persons unable to file
electronically may mail similar pleadings to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426; or
Delivery of filings other than by eFiling or the U.S.
Postal Service should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
VII. Environmental Analysis
50. 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.\33\ The
actions that we take 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 rules regarding sales, exchange, and transportation of natural gas
that require no construction facilities.\34\ Therefore, an
environmental review is unnecessary and has not been prepared as part
of this final rule.
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\33\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986-1990 ] 30,783 (1987) (cross-referenced at 41 FERC ]
61,284).
\34\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), and 380.4(a)(27)
(2023).
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VIII. Regulatory Flexibility Act
51. The Regulatory Flexibility Act of 1980 (RFA) \35\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The Commission is not required to make such an analysis if proposed
regulations would not have such an effect.
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\35\ 5 U.S.C. 601-612.
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52. As we stated in the WGQ Version 4.0 NOPR, approximately 193
interstate natural gas pipelines, both large and small, are potential
respondents subject to the requirements adopted by this rule. Most of
the natural gas pipelines regulated by the Commission do not fall
within the RFA's definition of a small entity,\36\ which is currently
defined for natural gas pipelines as a company that, in combination
with its affiliates, has total annual receipts of $41.5 million or
less.\37\ For the year 2022, only 14 potential respondents not
affiliated with larger companies had annual revenues in combination
with their affiliates of $41.5 million or less and therefore could be
considered a small entity under the RFA. This represents about eight
percent of the total universe of potential respondents that may have a
significant burden imposed on them. We estimate that the one-time
implementation cost of the proposals in this final rule is $2,356,530
(or $12,210 per entity, regardless of entity size).\38\ We do not
consider the estimated $12,210 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.
---------------------------------------------------------------------------
\36\ See 5 U.S.C. 601(3) citing section 3 of the Small Business
Act (SBA), 15 U.S.C. 623. Section 3 of the SBA defines a ``small
business concern'' as a business that is independently owned and
operated, and that is not dominant in its field of operation.
\37\ 13 CFR 121.201 (Subsector 486-Pipeline Transportation;
North American Industry Classification System code 486210; Pipeline
Transportation of Natural Gas) (2023). ``Annual Receipts'' are total
income plus cost of goods sold.
\38\ This number is derived by dividing the total cost figure by
the number of respondents. $2,356,530/193 = $12,210.
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53. Accordingly, pursuant to section 605(b) of the RFA,\39\ the
regulations proposed herein should not have a significant economic
impact on a substantial number of small entities.
---------------------------------------------------------------------------
\39\ 5 U.S.C. 605(b).
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IX. Document Availability
54. 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 (www.ferc.gov/).
55. 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.
56. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room; phone: (202)
502-8371, TTY (202) 502-8659; email: [email protected].
X. Effective Date and Congressional Notification
57. These regulations are effective February 7, 2025. The
Commission has determined, with the concurrence of the Administrator of
the Office of Information and Regulatory Affairs of OMB, that this rule
is not a ``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996. This final rule is being
submitted to the Senate, House, and Government Accountability Office.
List of Subjects in 18 CFR Part 284
Continental shelf, Incorporation by reference, Natural gas,
Reporting and recordkeeping requirements.
By direction of the Commission.
Issued: November 22, 2024.
Debbie-Anne A. Reese,
Secretary.
In consideration of the foregoing, the Commission amends 18 CFR
part 284 as follows.
PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES
0
1. The authority citation for part 284 continues to read as follows:
Authority: 15 U.S.C. 717-717z, 3301-3432; 42 U.S.C. 7101-7352;
43 U.S.C. 1331-1356.
0
2. Amend Sec. 284.12 by:
0
A. Revising paragraphs (a)(1)(i) through (vii);
0
B. Adding paragraph (a)(1)(viii); and
0
C. Revising paragraph (a)(2).
The revisions and additions read as follows:
Sec. 284.12 Standards for pipeline business operations and
communications.
(a) * * *
(1) * * *
(i) WGQ Additional Standards (Version 4.0, September 29, 2023);
(ii) WGQ Nominations Related Standards (Version 4.0, September 29,
2023);
[[Page 97525]]
(iii) WGQ Flowing Gas Related Standards (Version 4.0, September 29,
2023);
(iv) WGQ Invoicing Related Standards (Version 4.0, September 29,
2023);
(v) WGQ Invoicing Related Standards Minor Correction/Clarification
MC24002, approved by the WGQ on May 2, 2024 (Minor Correction/
Clarification MC24002 was implemented on May 17, 2024).
(vi) WGQ Quadrant Electronic Delivery Mechanism Related Standards
(Version 4.0, September 29, 2023);
(vii) WGQ Capacity Release Related Standards (Version 4.0,
September 29, 2023); and
(viii) WGQ Cybersecurity Related Standards (Version 4.0, September
29, 2023)
(2) The material listed paragraph (a)(1) is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection at the Federal Energy Regulatory
Commission and at the National Archives and Records Administration
(NARA). For assistance in viewing the material, contact the Federal
Energy Regulatory Commission at: 888 First Street NE, Washington, DC
20426 phone: 202-502-8371; email: [email protected];
website: https://www.ferc.gov. For information on the availability of
this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The material also may be
obtained from the North American Energy Standards Board, 801 Travis
Street, Suite 1675, Houston, TX 77002; phone: (713) 356-0060; website:
https://www.naesb.org/.
* * * * *
[FR Doc. 2024-28090 Filed 12-6-24; 8:45 am]
BILLING CODE 6717-01-P