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Rule2022-25601

Revised Filing and Reporting Requirements for Interstate Natural Gas Company Rate Schedules and Tariffs

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Published

November 23, 2022

Effective

December 23, 2022

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

Abstract

The Federal Energy Regulatory Commission issues this final rule to require natural gas pipelines to submit all supporting statements, schedules and workpapers in native format (e.g., Microsoft Excel) with all links and formulas included when filing a Natural Gas Act section 4 rate case.

Full Text

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<title>Federal Register, Volume 87 Issue 225 (Wednesday, November 23, 2022)</title>
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[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Rules and Regulations]
[Pages 71511-71517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25601]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 154, 260, and 284

[Docket No. RM21-18-000; Order No. 884]

Revised Filing and Reporting Requirements for Interstate Natural
Gas Company Rate Schedules and Tariffs

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission issues this final
rule to require natural gas pipelines to submit all supporting
statements, schedules and workpapers in native format (e.g., Microsoft
Excel) with all links and formulas included when filing a Natural Gas
Act section 4 rate case.

DATES: This rule is effective December 23, 2022.

FOR FURTHER INFORMATION CONTACT:

Tehseen Rana (Technical Information), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426, (202) 502-8639, <a href="/cdn-cgi/l/email-protection#4612232e352323286814272827062023342568212930">[email&#160;protected]</a>
Caitlin Tweed (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, (202) 502-8073, <a href="/cdn-cgi/l/email-protection#3576545c41595c5b1b614250505175535047561b525a43">[email&#160;protected]</a>

SUPPLEMENTARY INFORMATION:
1. In this final rule, the Federal Energy Regulatory Commission
(Commission) revises the filing and reporting requirements for natural
gas pipelines filing a Natural Gas Act (NGA) section 4 rate case.\1\ As
discussed below, we adopt the Commission's proposal pursuant to the
Notice of Proposed Rulemaking (NOPR) issued on May 19, 2022,\2\ to
establish a rule to require natural gas pipelines to submit all
supporting statements, schedules and workpapers in native format (e.g.,
Microsoft Excel) with all links and formulas included when filing an
NGA section 4 rate case.
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\1\ 15 U.S.C. 717c.
\2\ Revised Filing & Reporting Requirements for Interstate Nat.
Gas Co. Rate Schedules & Tariffs, 87 FR 31783 (May 25, 2022), 179
FERC ] 61,114) (2022) (NOPR).
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I. Background

2. When a natural gas pipeline files under NGA section 4 to change
its rates, the Commission requires the pipeline to provide detailed
support for all the components of its cost of service.\3\
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\3\ 18 CFR 154.312 and 154.313 (2021).
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3. Commission regulations require that natural gas pipelines filing
general NGA section 4 rate cases provide certain statements (Statements
A through P) and associated schedules.\4\ In 1995, the Commission
issued its Filing and Reporting Requirements for Interstate Natural Gas
Company Rate Schedules and Tariffs (Order No. 582), stating that
Statements I, J and a portion of H (containing state tax formulations)
must be received in spreadsheet format with formulas included, as the
data provided in these statements and schedules are essential to
understanding a natural gas pipeline's position with regard to cost
allocation and rate design.\5\ The Commission explained that although
these spreadsheets could be obtained through discovery, that process is
burdensome and inhibits better-

[[Page 71512]]

informed comments.\6\ Subsequently, the FERC Implementation Guide for
Electronic Filing of Parts 35, 154, 284, 300 and 341 Tariff Filings
(FERC Implementation Guide) stated that the ``submission of
spreadsheets in native file format is preferred for Statements A
through M, including related schedules. Statements O and P may use any
electronic format that renders text, graphics, spreadsheets or data
bases that the Commission accepts (the list of FERC Acceptable File
Formats is available on <a href="http://www.ferc.gov">http://www.ferc.gov</a>).'' \7\ Furthermore, for
Statements I, J and a portion of H, the FERC Implementation Guide
stated that if spreadsheets in native format are not available, the
natural gas pipeline may submit those statements using any of the
aforementioned acceptable electronic formats that the Commission
accepts.\8\
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\4\ 18 CFR 154.312.
\5\ Filing & Reporting Requirements for Interstate Nat. Gas Co.
Rate Schedules & Tariffs, Order No. 582, 60 FR 52,960, 52,994 (Oct.
11, 1995), FERC Stats. & Regs. ] 31,025 (1995) (cross-referenced at
72 FERC ] 61,300), order on clarification, 76 FERC ] 61,077 (1996).
\6\ In Order No. 703, the Commission confirmed the requirement
that pipelines submit spreadsheets in native format for Statements
I, J and a portion of H, including intact formulas. Filing Via the
Internet, Order No. 703, 72 FR 65659 (Nov. 23, 2007), 121 FERC ]
61,171, at P 26 (2007).
\7\ FERC Implementation Guide for Electronic Filing of Parts 35,
154, 284, 300 & 341 Tariff Filings (2016).
\8\ Id.
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4. In the NOPR, the Commission proposed to require natural gas
pipelines to submit all statements, schedules and workpapers in native
format with formulas and links intact \9\ when filing a general NGA
section 4 rate case. As the Commission explained in the NOPR, requiring
all statements, schedules and workpapers to be filed in native format
will reconcile any ambiguity in the current requirements.\10\ Moreover,
the Commission explained that this requirement would address the
information gap that currently exists because, when a pipeline submits
a section 4 rate case filing the Commission often cannot verify whether
there were underlying links used to develop a spreadsheet or whether a
pipeline severed those links before filing its rate case.\11\
Furthermore, the Commission stated that requiring spreadsheets with
links and formulas intact will enable rate case participants to
manipulate the cost-of-service components (including billing
determinants) to evaluate different rate outcomes without the need to
create their own rate models, which will expedite settlement
negotiations and allow all rate case participants to evaluate the
filing on an equal footing.\12\
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\9\ ``Formulas and links intact'' include formulas and links
within individual spreadsheets and between spreadsheets. For
example, the Commission explained that the proposal would require
that formulas and links within Schedule I-2 be intact within
Schedule I-2, and intact for any progressive calculations that flow
data from Schedule I-2.
\10\ NOPR, 179 FERC ] 61,114 at P 6.
\11\ Id.
\12\ Id.
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5. The Commission also stated that submitting all statements,
schedules and workpapers in native format will provide for a timely and
comprehensive analysis of a rate case filing.\13\ All interested rate
case participants will be able to evaluate the statements and schedules
once they are filed, rather than needing to wait to obtain the
information through discovery or to create their own rate models.
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\13\ Id. P 7.
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6. Finally, the Commission stated that the current policy on this
issue is outdated because information technology has significantly
improved since the issuance of Order No. 582 in 1995, and pipelines now
routinely develop rate cases using Microsoft Excel and submit them
electronically.\14\
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\14\ Id. P 8.
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7. The NOPR was published in the Federal Register on May 25, 2022
\15\ and established a comment date of June 24, 2022. The Commission
received eight comments and two reply comments from a variety of
stakeholders.\16\ XES, National Grid and Exelon, generally support the
Commission's proposal, while Energy Transfer, BHE GT&S, INGAA, Joint
Commenters and Public Citizen, also generally support the proposal and
request further clarifications.
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\15\ Revised Filing & Reporting Requirements for Interstate Nat.
Gas Co. Rate Schedules & Tariffs, 87 FR 31783 (May 25, 2022), 179
FERC ] 61,114 (2022).
\16\ Comments were submitted by Xcel Energy Services Inc. on
behalf of the Xcel Energy Operating Companies (XES); the Brooklyn
Union Gas Company d/b/a National Grid NY, KeySpan Gas East
Corporation d/b/a National Grid, Boston Gas Company d/b/a National
Grid, and Niagara Mohawk Power Corporation d/b/a National Grid
(collectively, National Grid); Exelon Corporation, on behalf of its
local gas distribution company subsidiaries Baltimore Gas and
Electric Company, Delmarva Power and Light Company, and PECO Energy
Company (Exelon); Energy Transfer LP (Energy Transfer); BHE GT&S,
LLC and its gas transmission and storage entities, which include
Eastern Gas Transmission and Storage, Inc., Cove Point LNG, LP, and
Carolina Gas Transmission, LLC (BHE GT&S); the Interstate Natural
Gas Association of America (INGAA); the American Gas Association,
American Public Gas Association, American Forest & Paper
Association, Industrial Energy Consumers of America, Process Gas
Consumers Group, and Natural Gas Supply Association (collectively,
Joint Commenters); and Public Citizen, Inc. (Public Citizen).
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II. Discussion

8. We adopt the proposal set forth in the NOPR to require natural
gas pipelines to submit all supporting statements, schedules and
workpapers in native format with all links and formulas included when
filing an NGA section 4 rate case. We acknowledge the requests from
certain commenters that the Commission undertake various additional
initiatives, but we find that those requested initiatives go beyond the
scope of this rulemaking, as explained below.

A. The Final Rule Imposes a Reasonable Burden on Pipelines

1. Comments
9. Energy Transfer argues that ``the proposed rule takes the
additional, unjust and unreasonable step of requiring a pipeline to
create links and formulas in successive documents even if the pipeline
did not need or use such links and formulas when it prepared and filed
its rate case.'' \17\ Energy Transfer states that ``requiring a
pipeline to specially create and file links or formulas it did not need
or use to prepare and file its rate case is arbitrary and capricious
and does not constitute reasoned decision-making because it would
unreasonably shift litigation costs and burdens to interstate natural
gas pipelines.'' \18\ Energy Transfer further states that ``such costs
should be borne by the limited number of participants involved in rate
case litigation that seek to analyze rates in specific detail to
litigate their individual rate issues.'' \19\
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\17\ Energy Transfer Comments at 2.
\18\ Id.
\19\ Id.
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10. Joint Commenters disagree with Energy Transfer, arguing that
the burden on pipelines would be limited because Order No. 582 already
requires pipelines to provide data for certain statements with formulas
included, and subsequent orders reiterate these requirements.\20\
Second, Joint Commenters argue that pipelines bear the burden of
supporting a rate filing. Moreover, Joint Commenters point out that to
the extent that pipelines incur additional costs related to complying
with any new rule that the Commission issues, pipelines can seek to
recover the costs in a rate proceeding, and therefore, the costs are
not being shifted impermissibly to the pipelines.\21\
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\20\ Joint Commenters Reply Comments at 5 (citing Order No. 582,
FERC Stats. & Regs. ] 31,025, at 31,435).
\21\ Id. at 7-8.
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11. BHE GT&S requests that the Commission clarify that a natural
gas pipeline is not required to create links across statements and
schedules where they did not already exist.\22\ BHE GT&S argues that it
is not reasonable to require

[[Page 71513]]

rate case participants to create links where none exist in the first
instance.
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\22\ BHE GT&S Comments at 4.
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a. Commission Determination
12. We disagree with Energy Transfer's argument that the NOPR
proposal which we adopt in this final rule is unjust and unreasonable.
First, we find that this final rule does not unreasonably shift
litigation costs from intervenors to the pipeline. The pipeline has the
burden under NGA section 4 to support its proposed rates in its case in
chief.\23\ This final rule merely requires pipelines to provide intact
links and formulas in the workpapers and schedules that must be
included in the case in chief.\24\ This final rule does not require
pipelines to fund the litigation costs of other participants. Moreover,
while pipelines may incur increased costs to comply with this final
rule, we find that any additional burden would be limited, and
pipelines are allowed to recover those costs through their rates.
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\23\ 15 U.S.C. 717c(e).
\24\ 18 CFR 154.312 to 154.314 (2021).
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13. Finally, we deny BHE GT&S's request for clarification that a
natural gas pipeline is not required to create links across statements
and schedules where they did not already exist. Rather, this final rule
does require natural gas pipelines to create links and formulas to show
the pipeline's progressive calculations in the supporting statements,
schedules and workpapers.
2. The Final Rule Properly Addresses the Information Gap Occurring When
Formulas and Links Are Not Provided
a. Comments
14. Energy Transfer, citing the NOPR, notes that the Commission
``seek[s] to address this information gap and require natural gas
pipelines to file statements and schedules linking progressive
calculations regardless of how the statements and schedules were
created.'' \25\ Energy Transfer contends that the ``Commission's
proposal is based on a false premise because no so-called `information
gap' exists, and all the information and data are included in the
pipeline's rate case filing.'' \26\ Energy Transfer further argues that
a pipeline may create an Excel file without certain links or formulas
because such links or formulas are not necessary or helpful to prepare
and file the rate case.\27\ Energy Transfer contends that a search of
the Commission's orders did not reveal any published orders where the
Commission rejected a pipeline's NGA section 4 rate filing due to the
pipeline severing underlying links prior to filing.\28\
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\25\ NOPR, 179 FERC ] 61,114 at P 6 (emphasis added).
\26\ Energy Transfer Comments at 4.
\27\ Id.
\28\ Id. at n.13.
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b. Commission Determination
15. Based on the record developed in this proceeding, we disagree
with Energy Transfer's contention that an information gap does not
exist. A rate model without formulas and links intact is much less
useful to rate case participants who are trying to evaluate a natural
gas pipeline's rate design, cost allocations, or rate calculations.
When a pipeline files a rate model without formulas and links, rate
case participants must recreate the natural gas pipeline's model, which
is inefficient and duplicative. Requiring spreadsheets and workpapers
to be filed with links and formulas included will allow rate case
participants to manipulate the cost-of-service components and billing
determinants without creating their own rate models. This will expedite
settlement negotiations and will allow all rate case participants to
evaluate the filing on an equal footing with the pipeline.
16. Moreover, under this final rule, rate case participants can
begin evaluating a natural gas pipeline's rate design, cost
allocations, and rate calculations immediately in the comment period
after a pipeline files a section 4 rate case and thus file better-
informed comments. Furthermore, requiring pipelines to file all
statements and schedules with formulas and links intact will enable all
rate case participants to evaluate the filing and any settlement offers
from the same baseline, as opposed to all rate case participants
creating their own rate models. Thus, the final rule will streamline
the rate case process, including settlement discussions, and avoid rate
case participants exchanging multiple rounds of discovery and testimony
just to understand the rate model's underlying calculations, which are
fundamental to the rate case.
17. Energy Transfer argues that there is no evidence that natural
gas pipelines are severing existing links.\29\ We find this point
irrelevant. The development of a rate model, with formulas and links
intact, is imperative to the proper functioning of the model. If there
are severed links within the rate model then a change in input in one
statement will not update to its corresponding change on another
statement. Without this flow through of information, rate case
participants can not properly ascertain the intended rate design, cost
allocations, and rate calculations.
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\29\ Id. at 5.
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18. Whether or not pipelines are severing links or the links never
existed, there is an information gap between the pipeline and rate case
participants involved in a rate case if the rate model fails to include
links and formulas essential to understanding the rate calculations.
This final rule seeks to close that gap.
3. The Final Rule Provides Adequate Notice of Changes in Policy
a. Comments
19. Energy Transfer states the Commission's proposal fails to
include proposed regulations describing what must be provided in a rate
case filing. Therefore, pipelines would not have any notice in the
regulations as to what is being required by the rulemaking unless it
separately was aware of this proceeding.\30\ Additionally, Energy
Transfer claims a ``lack of proper notice and lack of specific language
in the regulations does not comply with the requirements of the
Administrative Procedure Act.'' \31\
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\30\ Id. at 10.
\31\ Id.
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b. Commission Determination
20. We are not persuaded by Energy Transfer's argument that the
NOPR failed to provide adequate notice to pipelines of what is being
required by this rulemaking. Although the NOPR did not include proposed
regulations, the NOPR fully described the proposed filing requirements.
Furthermore, the Commission's regulations do not discuss filing
formats, and we see no need in this proceeding to add that level of
granularity to meet the requirements of the Administrative Procedures
Act.\32\ While the NGA section 4 requirements in the regulations remain
the same, technology and procedures evolve. We continue to believe it
is appropriate for natural gas pipelines to rely on the FERC
Implementation Guide for detailed guidance on filing requirements that
goes beyond the regulations.\33\ Therefore, we find Energy Transfer's
notice arguments unavailing.
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\32\ See, e.g., Pub. Util. Transmission Rate Changes to Address
Accumulated Deferred Income Taxes, Order No. 864, 84 FR 65,281 (Nov.
27, 2019), 169 FERC ] 61,139 (2019), order on reh'g and
clarification, 171 FERC ] 61,033 (2020). While not revising any
regulatory text, the Commission is using the process provided for
rulemaking proceedings, as defined in 5 U.S.C. 551(4)-(5).
\33\ See also Tex. E. Transmission, LP, 165 FERC ] 61,287, at P
31 (2018); E. Tenn. Nat. Gas, LLC, 172 FERC ] 61,114, at PP 33-34
(2020).

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[[Page 71514]]

4. Formulas and Links in Statements and Schedules Filed Publicly Are
Presumed To Be Public
a. Comments
21. Joint Commenters request that the final rule address the
presumption that native format files, with formulas intact, of publicly
filed material should be publicly available. Joint Commenters note that
ratepayers have recently experienced a situation where a pipeline
claimed that links in its Excel spreadsheets for statements and related
schedules should receive confidential treatment, even though the
statements and schedules themselves (without links) had been filed
publicly.\34\ Joint Commenters argue that such treatment is
unnecessary, and the pipeline's claim of confidentiality created an
additional burden for shippers that hindered the administrative
process. Therefore, Joint Commenters ask that the final rule clarify
that native format files, with links and formulas intact, of publicly
filed material are presumed to be publicly available.
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\34\ Joint Commenters Comments at 11-12.
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22. INGAA opposes Joint Commenters' request that the final rule
implement a blanket denial of any request under Sec. 388.112 for
privileged treatment of any portion of the rate model spreadsheets that
the Commission is requiring natural gas pipelines to file as part of
the proposed rule.\35\ According to INGAA, the statements, schedules
and workpapers with formulas and links intact are commercial
information that certain pipelines treat as private and are provided by
those pipelines to the Commission with the expectation that the
information will not be generally available on the public docket for
use outside of the rate case.\36\ INGAA states that the Commission
acknowledged in Order No. 703 that a pipeline is entitled to submit
spreadsheets as privileged and only provide the flat files or a PDF as
the public version of the protected information.\37\ INGAA further
states that privileged treatment of the rate model statements,
schedules and workpapers with formula and links intact is also
consistent with the treatment of information as confidential under the
Chief Administrative Law Judge's Model Protective Order, and therefore
there are already procedures in place to address Joint Commenters'
concerns about access to privileged information.\38\
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\35\ INGAA Reply Comments at 2.
\36\ Id. at 4 (citing Seife v. Food & Drug Admin., 492 F. Supp.
3d 269, 276-77 (S.D.N.Y. 2020) (limited disclosures subject to
nondisclosure agreements and ``not made to the general public, do
not preclude Exemption 4 protection'')).
\37\ Id. at 4-5 (citing Order No. 703, 121 FERC ] 61,171 at P
26).
\38\ Id. at 5-6.
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23. INGAA argues that there are many reasons to seek protection of
the rate model spreadsheets based on concerns that disclosure may
result in competitive disadvantage or other business injury.
Specifically, INGAA states that it is concerned that third parties with
no legitimate interest in the ratemaking process may misuse, modify, or
misrepresent the cost allocation or rate design results contained
within the spreadsheets in ways that would be difficult or impossible
to clarify. INGAA argues that such misuse could be the basis for
unsupported claims that the pipeline is earning more than a reasonable
return or unfairly allocating costs, which could affect the pipeline's
value to potential investors, lenders, shippers, or other market
participants. INGAA states that any administrative convenience is
outweighed by the risk of competitive harm or other business injury
resulting from publicly filing proprietary information, and that the
Commission and the participants in a rate case already have the
unobstructed right to this information.\39\
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\39\ Id. at 6.
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b. Commission Determination
24. We decline to adopt Joint Commenters' requested clarification.
A filer may request confidential treatment, and the Commission will
evaluate such requests on a case-by-case basis. In such cases, the data
sets and spreadsheets should be submitted in both privileged,
unredacted form and in public, redacted form, pursuant to 18 CFR
388.112.\40\ As Joint Commenters note, however, the information in a
rate model is generally already public information and pipelines
seeking confidential treatment will have the burden of proof that
confidential treatment is warranted.
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\40\ See Order No. 582, FERC Stats. & Regs. ] 31,025, at 31,435,
Order No. 703, 121 FERC ] 61,171 at P 26.
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5. Formulas and Links Must Be Maintained Only Between Schedules and
Workpapers Filed in the Same Rate Case
a. Comments
25. INGAA requests that the Commission clarify that ``formulas and
links intact'' means formulas and links within and between statements,
schedules and workpapers filed in the same rate case, not formulas
contained in or links to spreadsheets not required as part of the
initial filing.\41\ INGAA states that the Commission recognized this
distinction in Order No. 582 between formulas in workpapers and
statements submitted in the rate case and formulas located in or links
to separate spreadsheets not submitted as part of the pipeline's
filing, and asserts that the Commission rejected a suggestion that
pipelines must produce the ``underlying spreadsheets, models, and
databases relied upon to prepare the filing in an electronic format''
upon request.\42\
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\41\ INGAA Comments at 2 (citing Order No. 582, FERC Stats. &
Regs. ] 31,025, at 31,435).
\42\ Id. at 3 (citing Order No. 582, FERC Stats. & Regs. ]
31,025 at 31,435). INGAA also states that the Commission stated that
this information ``may be discoverable at hearing if found necessary
in a particular case.'' Id.
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26. In addition, INGAA states that the Commission should continue
to permit pipelines to file Statements O and P in any manner consistent
with the current FERC Implementation Guide, specifically in ``any
electronic format that renders text, graphics, spreadsheets or data
bases that the Commission accepts.'' \43\ INGAA argues that these
statements do not contain links within the statement or to other
statements, and the submission of Statements O and P in native format
will not enable participants in the rate proceeding to more easily
manipulate information or to analyze the statements in a more timely or
comprehensive manner.\44\ Furthermore, INGAA requests that the
Commission clarify that the proposed rule does not expand the
information that pipelines must submit when initiating an NGA section 4
rate case, but modifies the format of the statements, schedules, and
workpapers currently required by the Commission's regulations.\45\
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\43\ Id. at 4 (citing FERC Implementation Guide for Elec. Filing
of Parts 35, 154, 284, 300 & 341 Tariff Filings, Order No. 703, 72
FR 65659 (Nov. 23, 2007), 121 FERC ] 61,171 at P 24 (``Submission of
text documents will be permissible in native or in searchable
format.'')).
\44\ Id.
\45\ Id. at 5.
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b. Commission Determination
27. We affirm that the final rule's requirement that rate models be
filed with ``formulas and links intact'' applies to statements,
schedules, and workpapers filed in the same rate case and not to
formulas contained in or links to spreadsheets not required as part of
the initial filing. However, we clarify that to the extent a natural
gas pipeline creates a workpaper to create a statement or schedule
required by Sec. 154.312 of the Commission's regulations (e.g., an
allocation workpaper that informs the I Schedules), the pipeline must
file that workpaper with formulas and links intact, as that workpaper
is essential to

[[Page 71515]]

understanding the rate model's inputs and calculations. This includes
links within the workpaper, and between the workpaper and the statement
or schedule that relies on that workpaper.
28. We grant the request to clarify that Statements O and P do not
contain links within the statement or to other statements or schedules,
and therefore may continue to be filed in any manner consistent with
the FERC Implementation Guide for these statements. We also affirm that
this final rule does not expand the information that pipelines must
submit when initiating an NGA section 4 general rate case but clarifies
the format requirements with which such information must comply.
6. Application of the Final Rule to Other Rate Case Participants and
Scenarios Is Beyond the Scope of This Proceeding
a. Comments
29. BHE GT&S requests that the Commission clarify that the
requirement for natural gas pipelines to provide supporting statements,
schedules and workpapers in native format should ``also apply equally
to all parties, including Commission staff and intervenors, when
submitting rate case materials.'' \46\ Specifically, BHE GT&S states
that the Commission should clarify that the changes proposed in the
NOPR should apply equally to parties submitting a complaint requesting
the initiation of a proceeding under NGA section 5, as well as to
information submitted by Commission staff or other stakeholders in
rebuttal to an NGA section 4 rate case.
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\46\ BHE GT&S Comments at 2.
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b. Commission Determination
30. The NOPR did not propose to require rate case participants to
provide supporting statements, schedules and workpapers in native
format during NGA section 5 proceedings as suggested by BHE GT&S. We
decline to apply the final rule to NGA section 5 complaint cases, as
they are outside the scope of this proceeding. The final rule applies
solely to natural gas pipelines filing general NGA section 4 rate
cases. Moreover, we decline to require all rate case participants to a
general NGA section 4 rate case to comply with the final rule. In an
NGA section 4 rate case, the pipeline has the burden of proof to
justify its change in rates. If a rate case is fully litigated at
hearing, natural gas pipelines may seek rate models with links and
formulas included from other participants through discovery.
7. Additional Changes to Reporting Requirements Are Beyond the Scope of
This Proceeding
a. Comments
31. Public Citizen argues that additional disclosure improvements
are required to ensure the public has access to accurate information
about the shippers that secure shipping capacity on natural gas
pipelines. Public Citizen states that currently the Commission's
regulations at 18 CFR 284.13(b) delegate such reporting to the
pipelines, allowing natural gas pipelines to post shipper information
on their website, rather than having the Commission publish such
information in a centralized format on the Commission's website. Public
Citizen further argues that natural gas pipelines' compliance with 18
CFR 284.13(b) is haphazard, with natural gas pipelines prioritizing
their own website content and making it difficult to find the
Commission-required disclosures. Public Citizen contends that the
Commission's rule requiring pipelines to archive such information for
only 90 days impedes the public interest, because most pipelines charge
a fee to access material older than 90 days. In addition, Public
Citizen argues that it is difficult to locate shipper information on
many pipeline websites. Therefore, Public Citizen requests that the
Commission expand the final rule to include natural gas pipeline
reporting requirements. Public Citizen suggest that the Commission post
shipper data and other information on the Commission's website and
provide the public with free archival access.
b. Commission Determination
32. We decline to expand the final rule as Public Citizen requests.
The NOPR did not propose reforms related to these issues raised by
Public Citizen. The final rule is intended to improve the efficiency of
general NGA section 4 rate cases, not to revise separate and unrelated
reporting requirements already set forth in the Commission's
regulations. Therefore, Public Citizen's concerns are outside the scope
of this proceeding and we decline to address them at this time.

III. Information Collection Statement

33. The information collection requirements contained in this final
rule are subject to review by the Office of Management and Budget (OMB)
under section 3507(d) of the Paperwork Reduction Act of 1995.\47\ OMB's
regulations require approval of certain information collection
requirements imposed by agency rules.\48\ Upon approval of a collection
of information, OMB will assign an OMB control number and expiration
date. Respondents subject to the filing requirements of this rule will
not be penalized for failing to respond to these collections of
information unless the collections of information display a valid OMB
control number.
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\47\ 44 U.S.C. 3507(d).
\48\ 5 CFR 1320.11 (2021).
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34. This final rule modifies the currently approved information
collection associated with FERC-545, Gas Pipeline Rates: Rate Change
(Non-Formal) (OMB Control No. 1902-0154) (FERC-545) by updating the
requirements for submitting a rate case under section 4 of the NGA.
35. Interested persons may obtain information on the reporting
requirements by contacting Ellen Brown, Office of the Executive
Director, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426 via email (<a href="/cdn-cgi/l/email-protection#6b2f0a1f0a28070e0a190a05080e2b0d0e1908450c041d">[email&#160;protected]</a>) or telephone
(202) 502-8663).
36. In the NOPR, the Commission solicited comments on the
Commission's need for this information, whether the information will
have practical utility, the accuracy of the burden estimates, ways to
enhance the quality, utility, and clarity of the information to be
collected or retained, and any suggested methods for minimizing
respondents' burden, including the use of automated information
techniques.
37. Title: Gas Pipeline Rates: Rate Change (Non-Formal).
38. Action: Modification of collection of information in accordance
with RM21-18-000.
39. OMB Control No.: 1902-0154.
40. Respondents for this Rulemaking: Gas pipelines filing an NGA
section 4 rate case.
41. Frequency of Information Collection: As needed for section 4
rate cases.
42. Necessity of Information: This final rule requires all
statements, schedules and workpapers submitted during a section 4 rate
case to be submitted in native format with all links and formulas
intact. The modification to this collection is intended to reduce the
overall burden for all rate case participants involved in a section 4
rate case.
43. Internal Review: The Commission has reviewed the changes and
has determined that such changes are necessary. These requirements
conform to the Commission's need for efficient information collection,
communication, and management within the energy

[[Page 71516]]

industry. The Commission has specific, objective support for the burden
estimates associated with the information collection requirements.
44. The Commission estimates that the final rule will affect the
burden \49\ and cost \50\ as follows:
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\49\ ``Burden'' is the total time, effort, or financial
resources expended by persons to generate, maintain, retain,
disclose or provide information to or for a federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 CFR 1320.3.
\50\ The estimated hourly cost (salary plus benefits) provided
in this section is based on the salary figures for May 2021 posted
by the Bureau of Labor Statistics for the Utilities sector
(available at <a href="https://www.bls.gov/oes/current/naics3_221000.htm">https://www.bls.gov/oes/current/naics3_221000.htm</a>) and
scaled to reflect benefits using the relative importance of employer
costs for employee compensation from March 2022 (available at
<a href="https://www.bls.gov/news.release/ecec.nr0.htm">https://www.bls.gov/news.release/ecec.nr0.htm</a>). The hourly estimates
for salary plus benefits are: Computer and Information Systems
Manager (Occupation Code: 11-3021), $111.63; Computer and
Information Analysts (Occupation Code: 15-1210), $76.35; Electrical
Engineer (Occupation Code: 17-2071), $77.02; Legal (Occupation Code:
23-0000), $145.35. The average hourly cost (salary plus benefits)
weighting all of the above skill sets evenly, is $102.59. We round
it to $103/hour.

Modifications to FERC 545 From Final Rule in Docket No. RM21-18-000
--------------------------------------------------------------------------------------------------------------------------------------------------------
A. B. C. D. E. F.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual
Annual estimated
Number of estimated number of Average burden hours & cost per Total estimated burden hours &
Area of modification respondents number of responses response total estimated cost (Column D x
responses per (Column B x Column E)
respondent Column C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 4 Rate Case
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC 545: Annual Section 4 Rate 8 1 8 100 hours; $10,300................ 800 hours; $82,400
Cases.
--------------------------------------------------------------------------------------------------------------------------------------------------------

45. For the purposes of estimating burden in this final rule, in
the table above, we conservatively estimate the annual total of general
section 4 rate cases to be eight. This number is higher than the
Commission's average number of section 4 rate cases, but we created our
estimate to allow for potential additional rate case submissions.
46. FERC-545 is required to implement rates pursuant to sections 4,
5, and 16 of NGA, (15 U.S.C. 717c& 717o, Pub. L. 75 688, 52 Stat. 822
and 830). NGA sections 4, 5, and 16 authorize the Commission to inquire
into rate structures and methodologies and to set rates at a just and
reasonable level. Specifically, a natural gas pipeline must obtain
Commission authorization for all rates and charges made, demanded, or
received in connection with the transportation or sale of natural gas
in interstate commerce. The modification as described in this final
rule in Docket No. RM21-18-000 only impacts filings under section 4 of
the NGA. The collections associated with sections 5 and 16 remain
unchanged.

IV. Environmental Analysis

47. 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.\51\ The
actions proposed to be taken here fall within categorical exclusions in
the Commission's regulations for rules regarding information gathering,
analysis, and dissemination, and for rules regarding sales, exchange,
and transportation of natural gas that require no construction of
facilities.\52\ Therefore, an environmental review is unnecessary and
has not been prepared in this rulemaking.
---------------------------------------------------------------------------

\51\ Reguls. Implementing the Nat'l Env't Pol'y Act, Order No.
486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. ] 30,783
(1987) (cross-referenced at 41 FERC ] 61,284).
\52\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5) & 380.4(a)(27)
(2021).
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V. Regulatory Flexibility Act

48. The Regulatory Flexibility Act of 1980 (RFA) \53\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The Commission intends to pose the least possible burden on all
entities both large and small.
---------------------------------------------------------------------------

\53\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

49. The final rule only applies to natural gas pipelines who file a
section 4 rate case. There are a total of 145 entities that may file a
rate change and may be impacted by the final rule. The Small Business
Administration (SBA) defines a small entity in the category of,
``Pipeline Transportation of Natural Gas'' \54\ by entities with fewer
than $30 million of annual receipts. Out of the total number of
entities, only five are small entities as defined by the SBA (~3% of
the total population). We estimate the annual additional costs of
filing a section 4 rate case to be $10,300. We further estimate an
average of eight responses per year and conservatively estimate that
one may be a small entity. Therefore, the proposed rule does not pose a
significant change to small entities.
---------------------------------------------------------------------------

\54\ Small Business Administration NAICS Category 486210,
``Pipeline Transportation of Natural Gas'' under 13 CFR Chapter 1
Part 121.
---------------------------------------------------------------------------

VI. Document Availability

50. 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 (<a href="http://www.ferc.gov">http://www.ferc.gov</a>).
51. 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.
52. User assistance is available for eLibrary and the FERC's
website during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or email at
<a href="/cdn-cgi/l/email-protection#4e282b3c2d21202227202b3d3b3e3e213c3a0e282b3c2d60292138">[email&#160;protected]</a>, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
<a href="/cdn-cgi/l/email-protection#48383d2a24212b663a2d2e2d3a2d262b2d3a272725082e2d3a2b662f273e">[email&#160;protected]</a>.

VII. Effective Date and Congressional Notification

53. This final rule is effective December 23, 2022. The Commission
has determined, with the concurrence of the Administrator of the Office
of

[[Page 71517]]

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.

By the Commission. Commissioner Danly is concurring with a
separate statement attached.

Issued: November 17, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Docket No. RM21-18-000

Revised Filing and Reporting Requirements for Interstate Natural Gas
Company Rate Schedules and Tariffs
(Issued November 17, 2022)
DANLY, Commissioner, concurring:

I concur with today's final rule as I believe it complies with the
Natural Gas Act and the Administrative Procedure Act.\1\ I write
separately to express my apprehension that the Commission does not
fully appreciate the burden that will be incurred, or how long it will
take, for jurisdictional entities to come into compliance.\2\ It is my
understanding that some pipeline companies currently create each
statement and its supporting schedules using different software that do
not, by themselves, link. Requiring links may require a pipeline
company to upgrade existing, or implement entirely new, software
systems--tasks which oftentimes are neither simple nor inexpensive. And
while ``pipelines are allowed to recover those costs through their
rates,'' \3\ I would have preferred to have solicited additional
comment on the cost and timing of the software upgrades that this rule
might require in order to better inform our decision on whether and
when to impose these changes.
---------------------------------------------------------------------------

\1\ Revised Filing & Reporting Requirements for Interstate Nat.
Gas Co. Rate Schedules & Tariffs, 181 FERC ] 61,121 (2022).
\2\ Id. P 12 (``Moreover, while pipelines may incur increased
costs to comply with this final rule, we find that any additional
burden would be limited. . . .'').
\3\ Id.

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For these reasons, I respectfully concur.

James P. Danly,

Commissioner.
[FR Doc. 2022-25601 Filed 11-22-22; 8:45 am]
BILLING CODE 6717-01-P

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