Notice2023-04452
Commission Information Collection Activities (FERC-549); Comment Request; Extension
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 6, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection, FERC-549 (NGPA Section 311 Transactions, NGA Blanket Certificate Transactions, and Market-Based Rates for Storage) which will be submitted to the Office of Management and Budget (OMB) for a review of the information collection requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 43 (Monday, March 6, 2023)</title>
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[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13820-13824]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04452]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC22-17-000]
Commission Information Collection Activities (FERC-549); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Notice of information collection and request for comments.
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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-549 (NGPA Section 311 Transactions, NGA
Blanket Certificate Transactions, and Market-Based Rates for Storage)
which will be submitted to the Office of Management and Budget (OMB)
for a review of the information collection requirements.
DATES: Comments on the collection of information are due April 5, 2023.
ADDRESSES: Send written comments on FERC-549 to OMB through
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>, Attention: Federal Energy Regulatory
Commission Desk Officer. Please
[[Page 13821]]
identify the OMB control number (1902-0086) in the subject line. Your
comments should be sent within 30 days of publication of this notice in
the Federal Register.
Please submit copies of your comments (identified by Docket No.
IC22-17-000) to the Commission as noted below. Electronic filing
through <a href="https://www.ferc.gov">https://www.ferc.gov</a> is preferred.
<bullet> Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
<bullet> For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
Instructions: OMB submissions must be formatted and filed in
accordance with submission guidelines at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>; Using the search function under the ``Currently Under Review
field,'' select Federal Energy Regulatory Commission; click ``submit''
and select ``comment'' to the right of the subject collection.
FERC submissions must be formatted and filed in accordance with
submission guidelines at: <a href="https://www.ferc.gov">https://www.ferc.gov</a>. For user assistance,
contact FERC Online Support by email at <a href="/cdn-cgi/l/email-protection#84e2e1f6e7ebeae8edeae1f7f1f4f4ebf6f0c4e2e1f6e7aae3ebf2"><span class="__cf_email__" data-cfemail="71171403121e1f1d181f14020401011e030531171403125f161e07">[email protected]</span></a>, or
by phone at: (866) 208-3676 (toll-free).
Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at <a href="https://www.ferc.gov">https://www.ferc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<a href="/cdn-cgi/l/email-protection#7e3a1f0a1f3d121b1f0c1f101d1b3e383b2c3d50191108"><span class="__cf_email__" data-cfemail="4307223722002f262231222d202603050611006d242c35">[email protected]</span></a> and telephone at (202) 502-8663.
SUPPLEMENTARY INFORMATION:
Title: NGPA Section 311 Transactions and NGA Blanket Certificate
Transactions.
OMB Control No.: 1902-0086.
Type of Request: Three-year extension of the FERC-549 information
collection requirements with a revision to account for the differences
between filings seeking initial approval and those disclosing a change
in circumstances.
Abstract: FERC-549 is required to implement portions of the
following statutory provisions: (1) Section 311 of the Natural Gas
Policy Act (NGPA) (15 U.S.C. 3371); (2) Section 4(f) of the Natural Gas
Act (NGA) (15 U.S.C. 717c(f)); and (3) Section 7 of the NGA (15 U.S.C.
717f). The reporting requirements for implementing these provisions are
contained in 18 CFR part 284.
Transportation by Interstate Pipelines for Intrastate Pipelines and
Local Distribution Companies
Under section 311(a)(1) of the NGPA and 18 CFR 284.101 and 284.102,
any interstate pipeline may transport natural gas without prior
Commission approval ``on behalf of'' an intrastate pipeline or a local
distribution company (LDC). The regulation at 18 CFR 284.102(d)
provides that the transportation is not ``on behalf of'' an intrastate
pipeline or an LDC unless one of three conditions is met:
(1) The interstate pipeline or LDC has physical custody of and
transports the natural gas at some point;
(2) The intrastate pipeline or LDC holds title to the natural gas
at some point, which may occur prior to, during, or after the time that
the gas is being transported by the interstate pipeline, for a purpose
related to its status and functions as a local distribution company; or
(3) The gas is delivered at some point to a customer that either is
located in an LDC's service area or is physically able to receive
direct deliveries of gas from an intrastate pipeline, and the LDC or
intrastate pipeline certifies that it is on its behalf that the
interstate pipeline is providing transportation service.
The certification requirement in the third condition described at
18 CFR 284.102(d)(3) is included in the burden table (below) as part of
the information collection activity labeled ``Transportation by
Pipelines.'' Before commencing service as described in paragraph
(d)(3), the interstate pipeline that is providing the transportation
must receive certification from the pertinent LDC or intrastate
pipeline consisting of a letter from the intrastate pipeline or LDC
authorizing the interstate pipeline to ship gas on its behalf, and
sufficient information to verify that the service qualifies under 18
CFR 284.102.
For firm service and for release transactions, the regulation at 18
CFR 284.13(b)(1) requires the interstate pipeline to post with respect
to each contract, or revision of a contract for service, the following
information no later than the first nomination under a transaction:
(i) The full legal name of the shipper, and identification number,
of the shipper receiving service under the contract, and the full legal
name, and identification number, of the releasing shipper if a capacity
release is involved or an indication that the pipeline is the seller of
transportation capacity;
(ii) The contract number for the shipper receiving service under
the contract, and, in addition, for released transactions, the contract
number of the releasing shipper's contract;
(iii) The rate charged under each contract;
(iv) The maximum rate, and for capacity release transactions not
subject to a maximum rate, the maximum rate that would be applicable to
a comparable sale of pipeline services;
(v) The duration of the contract;
(vi) The receipt and delivery points and the zones or segments
covered by the contract, including the location name and code adopted
by the pipeline in conformance with 18 CFR 284.13(f) for each point,
zone or segment;
(vii) The contract quantity or the volumetric quantity under a
volumetric release;
(viii) Special terms and conditions applicable to a capacity
release transaction, including all aspects in which the contract
deviates from the pipeline's tariff, and special details pertaining to
a pipeline transportation contract, including whether the contract is a
negotiated rate contract, conditions applicable to a discounted
transportation contract, and all aspects in which the contract deviates
from the pipeline's tariff.
(ix) Whether there is an affiliate relationship between the
pipeline and the shipper or between the releasing and replacement
shipper.
(x) Whether a capacity release is a release to an asset manager as
defined in 18 CFR 284.8(h)(3) and the asset manager's obligation to
deliver gas to, or purchase gas from, the releasing shipper.
(xi) Whether a capacity release is a release to a marketer
participating in a state-regulated retail access program as defined in
18 CFR 284(h)(4).
For interruptible service, the regulation at 18 CFR 284.13(b)(2)
requires the interstate pipeline to post on a daily basis no later than
the first nomination for service under an interruptible agreement, the
following information:
(i) The full legal name, and identification number, of the shipper
receiving service;
(ii) The rate charged;
(iii) The maximum rate;
(iv) The receipt and delivery points between which the shipper is
entitled to transport gas at the rate charged, including the location
name and code adopted by the pipeline in conformance
[[Page 13822]]
with 18 CFR 284.13(f) for each point, zone, or segment;
(v) The quantity of gas the shipper is entitled to transport;
(vi) Special details pertaining to the agreement, including
conditions applicable to a discounted transportation contract and all
aspects in which the agreement deviates from the pipeline's tariff.
(vii) Whether the shipper is affiliated with the pipeline.
Transportation by Intrastate Pipelines for Interstate Pipelines or LDCs
Served by an Interstate Pipeline
Under section 311(a)(2) of the NGPA and 18 CFR 284.122 and 284.123,
any intrastate pipeline may, without prior Commission approval,
transport natural gas on behalf of any interstate pipeline or any LDC
served by an interstate pipeline. No rate charged for such
transportation may exceed a fair and equitable rate. The filing
requirements described below are included in the burden table (below)
as part of the information collection activity labeled ``Transportation
by Pipelines.''
The regulation at 18 CFR 284.123(b) provides that intrastate gas
pipeline companies must file for Commission approval of rates for
services performed in the interstate transportation of gas. An
intrastate gas pipeline company may elect to use rates contained in one
of its then effective transportation rate schedules on file with an
appropriate state regulatory agency for intrastate service comparable
to the interstate service or file proposed rates and supporting
information showing the rates are cost based and are fair and
equitable. It is the Commission policy that each pipeline must file at
least every five years to ensure its rates are fair and equitable.
Depending on the business process used, either 60 or 150 days after the
application is filed, the rate is deemed to be fair and equitable
unless the Commission either extends the time for action, institutes a
proceeding or issues an order providing for rates it deems to be fair
and equitable.
The regulation at 18 CFR 284.123(e) requires that within 30 days of
commencement of new service any intrastate pipeline engaging in the
transportation of gas in interstate commerce must file a statement that
includes the interstate rates and a description of how the pipeline
will engage in the transportation services, including operating
conditions. If an intrastate gas pipeline company changes its
operations or rates it must amend the statement on file with the
Commission. Such amendment is to be filed not later than 30 days after
commencement of the change in operations or change in rate election.
Initial Approval of Market-Based Rates for Storage
Section 4(f) of the NGA authorizes the Commission to permit natural
gas storage service providers to charge market-based rates for storage,
subject to conditions and requirements set forth in the statute. The
Commission implements this authority under 18 CFR 284.501 through
284.505. An applicant may apply for market-based rates by filing a
request for a market-power determination that complies with the
following:
(a) The applicant must set forth its specific request and
adequately demonstrate that it lacks market power in the market to be
served, and must include an executive summary of its statement of
position and a statement of material facts in addition to its complete
statement of position. The statement of material facts must include
citation to the supporting statements, exhibits, affidavits, and
prepared testimony.
The regulation at 18 CFR 284.503 requires that an application to
charge market-based rate for storage services must include: (1) A
description of the geographic markets for storage services in which the
applicant seeks to establish that it lacks significant market power;
(2) The product market or markets for which the applicant seeks to
establish that it lacks significant market power; (3) A description of
the applicant's own facilities and services, and those of all parent,
subsidiary, or affiliated companies, in the relevant markets; (4) A
description of available alternatives in competition with the applicant
in the relevant markets and other competition constraining the
applicant's rates in those markets; (5) A description of potential
competition in the relevant markets; (6) A general system map and maps
by geographic markets; (7) The calculation of the market concentration
of the relevant markets using the Herfindahl-Hirschman Index; (8) A
description of any other factors that bear on the issue of whether the
applicant lacks significant market power in the relevant markets; (9)
The proposed testimony in support of the application and will serve as
the applicant's case-in-chief, if the Commission sets the application
for hearing.
Market Based-Rates--Notice of Change in Circumstances
The Commission's regulations at 18 CFR 284.504 (b) provide that a
storage service provider granted the authority to charge market-based
rates is required to notify the Commission within 10 days of acquiring
knowledge of significant change occurring in its market power status.
The notification should include a detailed description of the new
facilities/services and their relationship to the storage service
provider. Significant changes include: (1) The storage provider
expanding its storage capacity beyond the amount authorized; (2) The
storage provider acquiring transportation facilities or additional
storage capacity; (3) An affiliate providing storage or transportation
services in the same market area; and (4) The storage provider or an
affiliate acquiring an interest in or is acquired by an interstate
pipeline.
Record Retention
The Commission's regulations at 18 CFR 284.288(b) and 284.403(b),
respectively, impose a record retention requirement contained in a Code
of Conduct applicable to: (1) interstate pipelines that provide
unbundled natural gas sales service,\1\ and (2) persons who are not
interstate pipelines and whose sales of natural gas are authorized by
the ``automatic'' blanket marketing certificate granted by operation of
18 CFR 284.402.\2\ Any entity fitting one of those descriptions must
retain, for a period of five years, all data and information upon which
it billed the prices it charged for natural gas it sold pursuant to its
market based sales certificate or the prices it reported for use in
price indices.
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\1\ As defined at 18 CFR 284.282(c), unbundled sales service is
gas sales service that is sold separately from transportation
service.
\2\ The regulation at section 284.402(a) provides that any
person who is not an interstate pipeline is granted a blanket
certificate of public convenience and necessity, pursuant to section
7 of the NGA, that authorizes the certificate holder to make sales
for resale of natural gas at negotiated rates in interstate
commerce. Section 2(1) of the NGA (15 U.S.C. 717a(1)) defines a
``person'' to include an individual or corporation.
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FERC uses these records to monitor the jurisdictional
transportation activities and unbundled sales activities of interstate
natural gas pipelines and blanket marketing certificate holders.
The record retention period of five years is necessary due to the
importance of records related to any investigation of possible
wrongdoing and related to assuring compliance with the codes of conduct
and the integrity of the market. The requirement is necessary to ensure
consistency with 18 CFR 1c.1 (``Prohibition of Natural Gas Market
Manipulation'') and the generally applicable five-year statute of
limitations where the Commission seeks civil penalties for violations
of the anti-manipulation rules or other rules,
[[Page 13823]]
regulations, or orders to which the price data may be relevant.
Failure to have this information available would mean the
Commission would have difficulty performing its regulatory functions to
monitor and evaluate transactions and operations of interstate
pipelines and blanket marketing certificate holders. The Code of
Conduct Record Retention burden \3\ associated with the FERC-549
includes both labor \4\ and storage costs. The labor costs are shown in
Table 1, below. The storage costs are shown below in Table 2.
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\3\ 18 CFR 284.288(b) and 18 CFR 284.403(b).
\4\ The $35.83 hourly cost figure comes from the average cost
(wages plus benefits) of a file clerk (Occupation Code 43-4071) as
posted on the BLS website (<a href="http://www.bls.gov/oes/current/naics2_22.htm">http://www.bls.gov/oes/current/naics2_22.htm</a>).
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Type of Respondents: Jurisdictional interstate and intrastate
natural gas pipelines.
Estimate of Annual Burden: \5\ The Commission estimates the annual
burden and labor costs for the information collection as shown in the
following table.
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\5\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a federal
agency. For further explanation of what is included in the
information collection burden, refer to 5 CFR 1320.3.
Table 1--FERC-549: Estimated Labor Costs for NGPA Section 311 Transactions, NGA Blanket Certificate Transaction, and Record Retention
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Annual number
Number of of responses Total number of Average burden hrs. & cost ($) Total annual burden hours & total
respondents per responses \6\ per response annual cost ($) Cost per respondent ($)
respondent
(A) (B) (C) (D)............................... (E)................................. (F)
........... .............. (Column A x Column B) .................................. (Column C x Column D)............... (Column E / Column A)
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Transportation by Pipelines............ 43 2 86 50 hrs.; $4,550................... 4,300 hrs.; $391,300................ $9,100
MBR--Initial Approval.................. 1 1 1 350 hrs.; $31,850................. 350 hrs.; $31,850................... 31,850
MBR--Change in Circumstances \7\....... 5 1 5 75 hrs.; $6,825................... 375 hrs.; $6,825.................... 1,365
Record Retention....................... 299 1 299 1 hr.; $38.71..................... 299 hrs.; $11,574.29................ 38.71
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Totals............................. 348 .............. 391 .................................. 5,324 hrs.; $441,549................ .......................
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Storage Cost: \8\ In addition to the labor costs for record
retention, non-labor costs of record retention and storage are
estimated as follows:
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\6\ For the information collection activities labeled
``Transportation by Pipelines,'' ``MBR--Initial Approval,'' and
``MBR--Change in Circumstances,'' Commission staff estimates that
respondents' hourly labor cost is approximated by the Commission's
average hourly cost (for wages and benefits) for 2022, or $91.00 per
hour.
For the information collection activity labeled ``Record
Retention,'' Commission staff estimates that respondents' hourly
labor cost is $38.71 (for wages and benefits), based on $27.24 (the
mean hourly wage for an information and record clerk, Occupation
Code 43-4000 for Utilities as posted at <a href="http://www.bls.gov/oes/current/naics2_22.htm">http://www.bls.gov/oes/current/naics2_22.htm</a>), plus $11.47 (the average hourly cost for
benefits for private industry, as posted at <a href="https://www.bls.gov/news.release/pdf/ecec.pdf">https://www.bls.gov/news.release/pdf/ecec.pdf</a>.
\7\ This new row was added to account for the differences
between initial MBR filings and filings pertaining to a change in
circumstances.
\8\ Each of the 299 entities is assumed to have both paper and
electronic record retention. Internal analysis assumes 50 percent
paper storage and 50 percent electronic storage.
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<bullet> Paper storage costs (using an estimate of 12.5 cubic feet
x $6.46 per cubic foot): $80.75 per respondent annually. Total annual
paper storage cost to industry ($80.75 x 299 respondents): $24,144.25.
This estimate assumes that a respondent stores 12.5 cubic feet of
paper. We expect that this estimate should trend downward over time as
more companies move away from paper storage and rely more heavily on
electronic storage.
<bullet> Electronic storage costs: $3.18 per respondent annually.
Total annual electronic storage cost to industry ($3.18 x 299
respondents): $950.82. This calculation estimates storage of
approximately 200 MB per year with a cost of $3.18 per respondent.
Table 2--Storage Costs Associated With Record Retention
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Total number of Cost per Total annual cost
responses response (rounded)
(A) (B) (C)
................. ................. (Column A x Column B)
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Paper Storage.................................... 299 $80.75 $24,144
Electronic Storage............................... 299 3.18 951
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Total Storage Burden......................... ................. ................. 25,095
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Comments are invited on: (1) whether the collection of information
is necessary for the proper performance of the functions of the
Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
[[Page 13824]]
Dated: February 27, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-04452 Filed 3-3-23; 8:45 am]
BILLING CODE 6717-01-P
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