Notice2026-10313
Commission Information Collection Activity (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
May 22, 2026
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
In compliance with the requirements of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory Commission (Commission or FERC) is submitting its information collection FERC-549: NGPA Section 311 Transactions and NGA Blanket Certificate Transactions. There are no proposed changes to the collection requirements. FERC received no comments from the 60-day notice.
Full Text
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<title>Federal Register, Volume 91 Issue 99 (Friday, May 22, 2026)</title>
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[Federal Register Volume 91, Number 99 (Friday, May 22, 2026)]
[Notices]
[Pages 30300-30302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10313]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC26-17-000]
Commission Information Collection Activity (Ferc-549); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission.
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, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory
Commission (Commission or FERC) is submitting its information
collection FERC-549: NGPA Section 311 Transactions and NGA Blanket
Certificate Transactions. There are no proposed changes to the
collection requirements. FERC received no comments from the 60-day
notice.
DATES: Comments on the collection of information are due June 22, 2026.
ADDRESSES: Send written comments on FERC-549 to OMB through <a href="https://www.reginfo.gov/public/do/PRA/icrPublicCommentRequest?ref_nbr=202604-1902-001">https://www.reginfo.gov/public/do/PRA/icrPublicCommentRequest?ref_nbr=202604-1902-001</a>. You can also visit <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>
and use the drop-down under ``Currently under Review'' to select the
``Federal Energy Regulatory Commission'' where you can see the open
opportunities to provide comments. Comments should be sent within 30
days of publication of this notice.
Please submit a copy of your comments to the Commission via email
to <a href="/cdn-cgi/l/email-protection#4a0e2b3e2b09262f2b382b24292f0a0c0f1809642d253c"><span class="__cf_email__" data-cfemail="9fdbfeebfedcf3fafeedfef1fcfadfd9dacddcb1f8f0e9">[email protected]</span></a>. You must specify the Docket No. (IC26-17-
000) and the FERC Information Collection number (FERC-549) in your
email. If you are unable to file electronically, comments may be filed
by USPS mail or by hand (including courier) delivery:
<bullet> Mail via U.S. Postal Service only: Federal Energy
Regulatory Commission, Secretary of the Commission, 888 First Street
NE, Washington, DC 20426.
<bullet> All other delivery methods: Federal Energy Regulatory
Commission, Secretary of the Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
Docket: To view comments and issuances in this docket, please visit
<a href="https://elibrary.ferc.gov/eLibrary/search">https://elibrary.ferc.gov/eLibrary/search</a>.
FOR FURTHER INFORMATION CONTACT: Kayla Williams may be reached by email
at <a href="/cdn-cgi/l/email-protection#94d0f5e0f5d7f8f1f5e6f5faf7f1d4d2d1c6d7baf3fbe2"><span class="__cf_email__" data-cfemail="1c587d687d5f70797d6e7d727f795c5a594e5f327b736a">[email protected]</span></a>, or by telephone at (202)502-6468.
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 no proposed changes to the collection.
Abstract: FERC-549 implements 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. FERC received no comments on the 60-day notice.
Transportation by Interstate Pipelines for Intrastate Pipelines and
Local Distribution Companies
Under section 311(a)(1) of the NGPA and 18 CFR 284.101 to .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 intrastate pipeline or LDC has physical custody of and
transports the natural gas at some point; or
(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 an LDC; 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.
Before commencing service as described in 18 CFR 284.102(d)(3), the
interstate pipeline that is providing the transportation must receive
certification from the pertinent LDC or intrastate pipeline consisting
of a letter from the intrastate pipeline or LDC authorizing the
interstate pipeline to ship gas on its behalf, and sufficient
information to verify that the service qualifies under 18 CFR 284.102.
Transportation by Intrastate Pipelines for Interstate Pipelines or LDCs
Served by an Interstate Pipeline
Under section 311(a)(2) of the NGPA and 18 CFR 284.122 to .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 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 Commission policy that each pipeline must file at
least every 5 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
[[Page 30301]]
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 to .505. An
applicant may apply for market-based rates by filing a request for a
market-power determination that complies with the following:
(a) The applicant must set forth its specific request and
adequately demonstrate that it lacks market power in the market to be
served, and must include an executive summary of its statement of
position and a statement of material facts in addition to its complete
statement of position. The statement of material facts must include
citation to the supporting statements, exhibits, affidavits, and
prepared testimony.
The regulation at 18 CFR 284.503 requires that an application to
charge market-based rate for storage services must include the
following information:
(1) Statement A--geographic market. This statement must describe
the geographic markets for storage services in which the applicant
seeks to establish that it lacks significant market power. It must
include the market related to the service for which it proposes to
charge market-based rates. The statement must explain why the
applicant's method for selecting the geographic markets is appropriate.
(2) Statement B--product market. This statement must identify the
product market or markets for which the applicant seeks to establish
that it lacks significant market power. The statement must explain why
the particular product definition is appropriate.
(3) Statement C--the applicant's facilities and services. This
statement must describe the applicant's own facilities and services,
and those of all parent, subsidiary, or affiliated companies, in the
relevant markets identified in Statements A and B in paragraphs (b) (1)
and (2) of this section. The statement must include all pertinent data
about the storage facilities and services.
(4) Statement D--competitive alternatives. This statement must
describe available alternatives in competition with the applicant in
the relevant markets and other competition constraining the applicant's
rates in those markets. Such proposed alternatives may include an
appropriate combination of other storage, local gas supply, LNG,
financial instruments and pipeline capacity. These alternatives must be
shown to be reasonably available as a substitute in the area to be
served soon enough, at a price low enough, and with a quality high
enough to be a reasonable alternative to the applicant's services.
Capacity (transportation, storage, LNG, or production) owned or
controlled by the applicant and affiliates of the applicant in the
relevant market shall be clearly and fully identified and may not be
considered as alternatives competing with the applicant. Rather, the
capacity of an applicant's affiliates is to be included in the market
share calculated for the applicant. To the extent available, the
statement must include all pertinent data about storage or other
alternatives and other constraining competition.
(5) Statement E--potential competition. This statement must
describe potential competition in the relevant markets. To the extent
available, the statement must include data about the potential
competitors, including their costs, and their distance in miles from
the applicant's facilities and major consuming markets. This statement
must also describe any relevant barriers to entry and the applicant's
assessment of whether ease of entry is an effective counter to attempts
to exercise market power in the relevant markets.
(6) Statement F--maps. This statement must consist of maps showing
the applicant's principal facilities, pipelines to which the applicant
intends to interconnect and other pipelines within the area to be
served, the direction of flow of each line, the location of the
alternatives to the applicant's service offerings, including their
distance in miles from the applicant's facility. The statement must
include a general system map and maps by geographic markets. The
information required by this statement may be on separate pages.
(7) Statement G--market-power measures. This statement must set
forth the calculation of the market concentration of the relevant
markets using the Herfindahl-Hirschman Index. The statement must also
set forth the applicant's market share, inclusive of affiliated service
offerings, in the markets to be served. The statement must also set
forth the calculation of other market-power measures relied on by the
applicant. The statement must include complete particulars about the
applicant's calculations.
(8) Statement H--other factors. This statement must describe any
other factors that bear on the issue of whether the applicant lacks
significant market power in the relevant markets. The description must
explain why those other factors are pertinent.
(9) Statement I--prepared testimony. This statement must include
the proposed testimony in support of the application and will serve as
the applicant's case-in-chief, if the Commission sets the application
for hearing. The proposed witness must subscribe to the testimony and
swear that all statements of fact contained in the proposed testimony
are true and correct to the best of his or her knowledge, information,
and belief.
The regulation at 18 CFR 284.505(a), requires: (1) a demonstration
that market-based rates are in the public interest and necessary to
encourage the construction of storage capacity in an area needing
storage services, and (2) an explanation of what means the storage
service provider will use to protect customers from the potential
exercise of market power.
Market Based-Rates--Notice of Change in Circumstances
The Commission's regulations at 18 CFR 284.504(b) provide that a
storage service provider granted the authority to charge market-based
rates is required to notify the Commission within 10 days of acquiring
knowledge of significant change occurring in its market power status.
The notification should include a detailed description of the new
facilities/services and their relationship to the storage service
provider. Significant changes include: (1) The storage provider
expanding its storage capacity beyond the amount authorized; (2) The
storage provider acquiring transportation facilities or additional
storage capacity; (3) An affiliate providing storage or transportation
services in the same market area; and (4) The storage provider or an
affiliate acquiring an interest in or is acquired by an interstate
pipeline.
Code of Conduct Record Retention
The Commission's regulations at 18 CFR 284.288(b) and 18 CFR
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
[[Page 30302]]
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 18 CFR 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 5 years is necessary due to the
importance of records related to any investigation of possible
wrongdoing and related to assuring compliance with the codes of conduct
and the integrity of the market. The requirement is necessary to ensure
consistency with 18 CFR 1c.1 (Prohibition of Natural Gas Market
Manipulation) and the generally applicable five-year statute of
limitations where the Commission seeks civil penalties for violations
of the anti-manipulation rules or other rules, regulations, or orders
to which the price data may be relevant.
Failure to have this information available would mean the
Commission would have difficulty performing its regulatory functions 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 labor costs.
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\3\ 18 CFR 284.288(b) and 18 CFR 284.403(b).
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Type of Respondents: Jurisdictional interstate and intrastate
natural gas pipelines.
Estimate of Annual Burden: \4\ The Commission estimates the annual
burden and labor costs for the information collection as follows:
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\4\ Burden is defined 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.
\5\ FERC estimates that industry costs for salary plus benefits
are similar to Commission costs. The cost figure is the FY2026 FERC
average annual salary plus benefits ($213,003 year or $102/hour).
The exception is for the Record Retention line of $29.36 hourly,
which comes from the average cost (wages plus benefits) of a file
clerk (Occupation Code 43-4071) as posted on the BLS website (<a href="http://www.bls.gov/oes/current/naics2_22.htm">http://www.bls.gov/oes/current/naics2_22.htm</a>).
\6\ The entities affected by 18 CFR 284.123(b) and (e) are
intrastate pipelines. Interstate and intrastate pipelines are
affected by 18 CFR 284.102(e). Since 2016, the Commission has not
received any filings under 18 CFR 284.102(e).
\7\ 18 CFR 284.501 to .505.
\8\ 18 CFR 284.501 to .505. This new row was added to account
for the differences between initial MBR filings and MBR filings
pertaining to a change in circumstances.
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Number of Average burden hours &
Number of responses per Total number of average cost \5\ per Total annual burden hours & Cost per
respondents respondent responses response ($) total annual cost ($) respondent ($)
(1) (2) (1) x (2) = (3) (4).................... (3) x (4) = (5)............ (5) / (1) = (6)
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Transportation by Interstate 61 2 122 50 hrs.; $5,100........ 6,100 hrs.; $622,200....... $10,200
Pipelines and Rates and
Charges for Intrastate
Pipelines \6\.
MBR--Initial Approval \7\.... 4 1 4 350 hrs.; $35,700...... 1,400 hrs.; $142,800....... 35,700
MBR--Change in Circumstances 4 1 4 75 hrs.; $7,650........ 300 hrs.; $30,600.......... 7,650
\8\.
Record Retention............. 176 1 176 1 hr.; $29.36.......... 176 hrs.; $5,167........... 29.36
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Totals................... 245 .............. 306 ....................... 7,976 hrs.; $800,767....... .................
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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.
Dated: May 19, 2026.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2026-10313 Filed 5-21-26; 8:45 am]
BILLING CODE 6717-01-P
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