81 FR 33499 - Commission Information Collection Activities (FERC Form 80, FERC-550, and FERC-549); Consolidated Comment Request; Extension
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 81, Issue 102 (May 26, 2016)
Federal Energy Regulatory Commission
Federal Register Volume 81, Issue 102 (May 26, 2016)
| Page Range | 33499-33502 | |
| FR Document | 2016-12411 |
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)] [Notices] [Pages 33499-33502] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12411] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC16-10-000] Commission Information Collection Activities (FERC Form 80, FERC- 550, and FERC-549); Consolidated Comment Request; Extension AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice of information collections and request for comments. ----------------------------------------------------------------------- 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 requirements and burden \1\ of the information collections described below. --------------------------------------------------------------------------- \1\ 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, reference 5 Code of Federal Regulations 1320.3. DATES: Comments on the collections of information are due July 25, --------------------------------------------------------------------------- 2016. ADDRESSES: You may submit comments (identified by Docket No. IC16-10- 000) by either of the following methods:eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp. Mail/Hand Delivery/Courier: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426. Please reference the specific collection number and/or title in your comments. Instructions: All submissions must be formatted and filed in accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support by email at ferconlinesupport@ferc.gov, or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY. 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 http://www.ferc.gov/docs-filing/docs-filing.asp. FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at DataClearance@FERC.gov, telephone at (202) 502-8663, and fax at (202) 273-0873. SUPPLEMENTARY INFORMATION: Type of Request: Three-year extension of the information collection requirements for all collections described below with no changes to the current reporting requirements. Please note that each collection is distinct from the next. Comments: Comments are invited on: (1) Whether the collections of information are 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 estimates of the burden and cost of the collections of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collections; and (4) ways to minimize the burden of the collections of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. FERC Form 80, [Licensed Hydropower Development Recreation Report] OMB Control No.: 1902-0106. Abstract: FERC uses the information on the FERC Form 80 (also known as ``FERC-80,'') to implement the statutory provisions of sections 4(a), 10(a), 301(a), 304 and 309 of the Federal Power Act (FPA), 16 U.S.C. 797, 803, 825c & 8254. FERC's authority to collect this information comes from section 10(a) of the FPA which requires the Commission to be responsible for ensuring that hydro projects subject to FERC jurisdiction are consistent with the comprehensive development of the nation's waterway for recreation and other beneficial public uses. In the interest of fulfilling these objectives, FERC expects licensees subject to its jurisdiction to recognize the resources that are affected by their activities and to play a role in protecting such resources. FERC Form 80 is a report on the use and development of recreational facilities at hydropower projects licensed by the Commission. Applications for amendments to licenses and/or changes in land rights frequently involve changes in resources available for recreation. FERC utilizes the FERC Form 80 data when analyzing the adequacy of existing public recreational facilities and when processing and reviewing proposed amendments to help determine the impact of such changes. In addition, FERC staff uses the FERC Form 80 data when conducting inspections of [[Page 33500]] licensed projects and in evaluating compliance with various license conditions and in identifying recreational facilities at hydropower projects. The data which FERC Form 80 requires are specified by Title 18 of the Code of Federal Regulations (CFR) under 18 CFR 8.11 and 141.14 (and are discussed at http://www.ferc.gov/docs-filing/forms.asp#80). FERC collects the FERC Form 80 once every six years. The last collection was due on April 1, 2015, for data compiled during the 2014 calendar year. The next collection of the FERC Form 80 is due on April 1, 2021, with subsequent collections due every sixth year, for data compiled during the previous calendar year. The Commission updated the format for the general instructions section of the form for improved readability. Specifically, FERC split a long paragraph into several smaller paragraphs. FERC has attached to this notice the proposed format change to the general information section. FERC made no changes to the remainder of the instructions, form, and glossary and did not attach those to this notice. Type of Respondent: Hydropower project licensees. Estimate of Annual Burden: The Commission estimates the annual public reporting burden for the information collection as: --------------------------------------------------------------------------- \2\ The estimates for cost per response are derived using the 2016 FERC average salary plus benefits of $154,647/year (or $74.50/ hour). Commission staff finds that the work done for this information collection is typically done by wage categories similar to those at FERC. \3\ This figure is rounded from 66.8. \4\ This figure is rounded from $223.50. FERC Form 80: Licensed Hydropower Development Recreation Report ---------------------------------------------------------------------------------------------------------------- Total annual Annual number Total number Average burden burden hours & Cost per Number of respondents of responses of responses & cost per total annual respondent ($) per respondent response \2\ cost (1) (2) (1)*(2)=(3) (4)............ (3)*(4)=(5)..... (5)/(1) ---------------------------------------------------------------------------------------------------------------- 400.......................... 0.167 67 \3\ 3 hrs.; $224 201 hrs.; $37.44 \4\. $14,974.50. ---------------------------------------------------------------------------------------------------------------- FERC-550, [Oil Pipelines Rates--Tariffs Filings] OMB Control No.: 1902-0089. Abstract: FERC-550 is required to implement the sections of the Interstate Commerce Act (ICA) (49 U.S.C. 1, et seq., 49 App. U.S.C. 1- 85). The Commission's regulatory jurisdiction over oil pipelines includes: Regulation of rates and practices of oil pipeline companies engaged in interstate transportation; establishment of equal service conditions to provide shippers with equal access to pipeline transportation; establishment of reasonable rates for transporting petroleum and petroleum products by pipeline. The filing requirements for oil pipeline tariffs and rates \5\ put in place by the FERC-550 data collection provide the Commission with the information it needs to analyze proposed tariffs, rates, fares, and charges of oil pipelines and other carriers in connection with the transportation of crude oil and petroleum products. The Commission uses this information to determine whether the proposed tariffs and rates are just and reasonable. --------------------------------------------------------------------------- \5\ 18 CFR parts 341-348. --------------------------------------------------------------------------- Type of Respondent: Oil Pipelines. Estimate of Annual Burden: The Commission estimates the annual public reporting burden \6\ and cost \7\ for the FERC-550 information collection as follows: --------------------------------------------------------------------------- \6\ The one-time burden imposed by Order 780 (issued May 16, 2013, in Docket No. RM12-15-000; 78 FR 32090, 5/29/2013) has been completed and is not included. \7\ The cost is based on FERC's 2016 average cost (salary plus benefits) of $74.50/hour. The Commission staff believes that the industry's level and skill set is comparable to FERC. \8\ The estimates for cost per response are derived using the FERC 2016 average salary plus benefits of $154,647/year (or $74.50/ hour). Commission staff finds that the work done for this information collection is typically done by wage categories similar to those at FERC. FERC-550: Oil Pipelines Rates--Tariffs Filings -------------------------------------------------------------------------------------------------------------------------------------------------------- Annual number Number of of responses Total number Average burden & cost per Total annual burden hours Cost per respondents per respondent of responses response \8\ & total annual cost respondent ($) (1) (2) (1)*(2)=(3) (4)...................... (3)*(4)=(5).............. (5)/(1) -------------------------------------------------------------------------------------------------------------------------------------------------------- FERC-550.......................... 208 3.68 765 7.815 hrs.; $582.22...... 5,978 hrs.; $445,396..... $2,141.33 -------------------------------------------------------------------------------------------------------------------------------------------------------- FERC-549, [NGPA Title III Transactions and NGA Blanket Certificate Transaction] OMB Control No.: 1902-0089. Abstract: FERC-549 is required to implement the statutory provisions governed by Sections 311 and 312 of the Natural Gas Policy Act (NGPA) (15 U.S.C. 3371-3372) and Section 7 of the Natural Gas Act (NGA) (15 U.S.C. 717f). The reporting requirements for implementing these provisions are contained in 18 CFR part 284. Transportation by Interstate Pipelines In 18 CFR 284.102(e) the Commission requires interstate pipelines to obtain proper certification in order to ship natural gas on behalf of intrastate pipelines and local distribution companies (LDC). This certification consists of a letter from the intrastate pipeline or LDC authorizing the interstate pipeline to ship gas on its behalf. In addition, interstate pipelines must obtain from its shippers certifications including sufficient information to verify that their services qualify under this section. Rates and Charges for Intrastate Pipelines 18 CFR 284.123(b) provides that intrastate gas pipeline companies file for Commission approval of rates for [[Page 33501]] 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. 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. Code of Conduct The Commission's regulations at 18 CFR 284.288 and 284.403 provide that applicable sellers of natural gas adhere to a code of conduct when making gas sales in order to protect the integrity of the market. As part of this code, the Commission imposes a record retention requirement on applicable sellers to ``retain, for a period of five years, all data and information upon which it billed the prices it charged for natural gas it sold pursuant to its market based sales certificate or the prices it reported for use in price indices.'' FERC uses these records to monitor the jurisdictional transportation activities and unbundled sales activities of interstate natural gas pipelines and blanket marketing certificate holders. The record retention period of five years is necessary due to the importance of records related to any investigation of possible wrongdoing and related to assuring compliance with the codes of conduct and the integrity of the market. The requirement is necessary to ensure consistency with the rule prohibiting market manipulation (regulations adopted in Order No. 670, implementing the EPAct 2005 anti-manipulation provisions) 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 is unable to perform its regulatory functions and to monitor and evaluate transactions and operations of interstate pipelines and blanket marketing certificate holders. Market-Based Rates for Storage In 2006 the Commission amended its regulations to establish criteria for obtaining market-based rates for storage services offered under 18 CFR 284.501-505. First, the Commission modified its market- power analysis to better reflect the competitive alternatives to storage. Second, pursuant to the Energy Policy Act of 2005, the Commission promulgated rules to implement section 4(f) of the Natural Gas Act, to permit underground natural gas storage service providers that are unable to show that they lack market power to negotiate market-based rates in circumstances where market-based rates are in the public interest and necessary to encourage the construction of the storage capacity in the area needing storage services, and where customers are adequately protected. These revisions are intended to facilitate the development of new natural gas storage capacity while protecting customers. Type of Respondent: Gas pipelines. Estimate of Annual Burden: The Commission estimates the annual public reporting burden for the information collection as: --------------------------------------------------------------------------- \9\ 18 CFR 284.102(e). \10\ The average hourly cost (salary plus benefits) is $128.94. The BLS wage category code is 23-0000. This figure is also taken from the Bureau of Labor Statistics, May 2015 figures at http://www.bls.gov/oes/current/naics2_22.htm. \11\ 284.123(b), (e). \12\ The estimates for cost per response are derived using the following formula: Average Burden Hours per Response * $101.69 per Hour = Average Cost per Response. The hourly average of $101.69 assumes equal time is spent by an economist and lawyer. The average hourly cost (salary plus benefits) is: $74.43 for economists (occupation code 19-3011) and $128.94 for lawyers (occupation code 23-0000). (The figures are taken from the Bureau of Labor Statistics, May 2015 figures at http://www.bls.gov/oes/current/naics2_22.htm). \13\ 18 CFR 284.288, 403. \14\ 18 CFR 284.501-505. FERC-549: NGPA Title III Transactions and NGA Blanket Certificate Transaction -------------------------------------------------------------------------------------------------------------------------------------------------------- Annual number Number of of responses Total number Average burden & Total annual burden Cost per respondents per of cost per response hours & total annual respondent respondent responses cost ($) -------------------------------------------------------------------------------------------------------------------------------------------------------- (1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)/(1) -------------------------------------------------------------------------------------------------------------------------------------------------------- Transportation by Interstate Pipelines \9\....... 75 2 150 3 hrs.; \10\ $386.82 450 hrs.; $58,023 $773.64 Rates and Charges for Intrastate Pipelines \11\.. 50 1 50 50 hrs.; $5,084.5 2,500 hrs.; $254,225 $5,084.50 \12\ Code of Conduct (record-keeping) \13\............ 222 1 222 1 hr.; $128.94 \10\ 222 hrs.; $28,624.68 $128.94 Market-Based Rates \14\.......................... 4 1 4 350 hrs.; $45,129 1,400 hrs.; $180,516 $45,129 \10\ ------------------------------------------------------------------------------------------------------ TOTAL........................................ ........... .............. 426 .................... 4,572 hrs.; $521,388.68 ........... -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 33502]] Dated: May 20, 2016. Kimberly D. Bose, Secretary. [FR Doc. 2016-12411 Filed 5-25-16; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices 33499
with your submission. New eFiling Dated: May 19, 2016. at DataClearance@FERC.gov, telephone
users must first create an account by Kimberly D. Bose, at (202) 502–8663, and fax at (202) 273–
clicking on ‘‘eRegister.’’ You must select Secretary. 0873.
the type of filing you are making. If you [FR Doc. 2016–12413 Filed 5–25–16; 8:45 am] SUPPLEMENTARY INFORMATION:
are filing a comment on a particular BILLING CODE 6717–01–P Type of Request: Three-year extension
project, please select ‘‘Comment on a of the information collection
Filing’’; or requirements for all collections
DEPARTMENT OF ENERGY described below with no changes to the
(3) You can file a paper copy of your current reporting requirements. Please
comments by mailing them to the Federal Energy Regulatory note that each collection is distinct from
following address: Kimberly D. Bose, Commission the next.
Secretary, Federal Energy Regulatory Comments: Comments are invited on:
[Docket No. IC16–10–000]
Commission, 888 First Street NE., Room (1) Whether the collections of
1A, Washington, DC 20426. Commission Information Collection information are necessary for the proper
Any person seeking to become a party Activities (FERC Form 80, FERC–550, performance of the functions of the
to the proceeding must file a motion to and FERC–549); Consolidated Commission, including whether the
intervene pursuant to Rule 214 of the Comment Request; Extension information will have practical utility;
Commission’s Rules of Practice and (2) the accuracy of the agency’s
AGENCY: Federal Energy Regulatory estimates of the burden and cost of the
Procedures (18 CFR 385.214).1 Only Commission, DOE. collections of information, including the
intervenors have the right to seek
ACTION: Notice of information validity of the methodology and
rehearing of the Commission’s decision. collections and request for comments. assumptions used; (3) ways to enhance
The Commission grants affected the quality, utility and clarity of the
landowners and others with SUMMARY: In compliance with the information collections; and (4) ways to
environmental concerns intervenor requirements of the Paperwork minimize the burden of the collections
status upon showing good cause by Reduction Act of 1995, the Federal of information on those who are to
stating that they have a clear and direct Energy Regulatory Commission respond, including the use of automated
interest in this proceeding which no (Commission or FERC) is soliciting collection techniques or other forms of
other party can adequately represent. public comment on the requirements information technology.
Simply filing environmental comments and burden 1 of the information
collections described below. FERC Form 80, [Licensed Hydropower
will not give you intervenor status, but
DATES: Comments on the collections of Development Recreation Report]
you do not need intervenor status to
have your comments considered. information are due July 25, 2016. OMB Control No.: 1902–0106.
ADDRESSES: You may submit comments Abstract: FERC uses the information
Additional information about the on the FERC Form 80 (also known as
(identified by Docket No. IC16–10–000)
project is available from the ‘‘FERC–80,’’) to implement the statutory
by either of the following methods:
Commission’s Office of External Affairs, • eFiling at Commission’s Web site: provisions of sections 4(a), 10(a), 301(a),
at (866) 208–FERC, or on the FERC Web http://www.ferc.gov/docs-filing/ 304 and 309 of the Federal Power Act
site (www.ferc.gov) using the eLibrary efiling.asp. (FPA), 16 U.S.C. 797, 803, 825c & 8254.
link. Click on the eLibrary link, click on • Mail/Hand Delivery/Courier: FERC’s authority to collect this
‘‘General Search,’’ and enter the docket Federal Energy Regulatory Commission, information comes from section 10(a) of
number excluding the last three digits in Secretary of the Commission, 888 First the FPA which requires the Commission
the Docket Number field (i.e., CP15– Street NE., Washington, DC 20426. to be responsible for ensuring that hydro
549). Be sure you have selected an Please reference the specific collection projects subject to FERC jurisdiction are
appropriate date range. For assistance, number and/or title in your comments. consistent with the comprehensive
please contact FERC Online Support at Instructions: All submissions must be development of the nation’s waterway
FercOnlineSupport@ferc.gov or toll free formatted and filed in accordance with for recreation and other beneficial
at (866) 208–3676, or for TTY, contact submission guidelines at: http:// public uses. In the interest of fulfilling
(202) 502–8659. The eLibrary link also www.ferc.gov/help/submission- these objectives, FERC expects licensees
provides access to the texts of formal guide.asp. For user assistance contact subject to its jurisdiction to recognize
FERC Online Support by email at the resources that are affected by their
documents issued by the Commission,
ferconlinesupport@ferc.gov, or by phone activities and to play a role in protecting
such as orders, notices, and
at: (866) 208–3676 (toll-free), or (202) such resources.
rulemakings. FERC Form 80 is a report on the use
502–8659 for TTY.
In addition, the Commission offers a Docket: Users interested in receiving and development of recreational
free service called eSubscription which automatic notification of activity in this facilities at hydropower projects
allows you to keep track of all formal docket or in viewing/downloading licensed by the Commission.
issuances and submittals in specific comments and issuances in this docket Applications for amendments to
dockets. This can reduce the amount of may do so at http://www.ferc.gov/docs- licenses and/or changes in land rights
time you spend researching proceedings filing/docs-filing.asp. frequently involve changes in resources
by automatically providing you with FOR FURTHER INFORMATION CONTACT: available for recreation. FERC utilizes
the FERC Form 80 data when analyzing
sradovich on DSK3TPTVN1PROD with NOTICES
notification of these filings, document Ellen Brown may be reached by email
summaries, and direct links to the the adequacy of existing public
documents. Go to www.ferc.gov/docs- 1 The Commission defines burden as the total recreational facilities and when
filing/esubscription.asp. time, effort, or financial resources expended by processing and reviewing proposed
persons to generate, maintain, retain, or disclose or amendments to help determine the
provide information to or for a Federal agency. For
further explanation of what is included in the
impact of such changes. In addition,
1 See the previous discussion on the methods for
information collection burden, reference 5 Code of FERC staff uses the FERC Form 80 data
filing comments. Federal Regulations 1320.3. when conducting inspections of
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![33500 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices
licensed projects and in evaluating due on April 1, 2015, for data compiled FERC has attached to this notice the
compliance with various license during the 2014 calendar year. The next proposed format change to the general
conditions and in identifying collection of the FERC Form 80 is due information section. FERC made no
recreational facilities at hydropower on April 1, 2021, with subsequent changes to the remainder of the
projects. collections due every sixth year, for data instructions, form, and glossary and did
The data which FERC Form 80 compiled during the previous calendar not attach those to this notice.
requires are specified by Title 18 of the year.
The Commission updated the format Type of Respondent: Hydropower
Code of Federal Regulations (CFR)
for the general instructions section of project licensees.
under 18 CFR 8.11 and 141.14 (and are
discussed at http://www.ferc.gov/docs- the form for improved readability. Estimate of Annual Burden: The
filing/forms.asp#80). Specifically, FERC split a long Commission estimates the annual public
FERC collects the FERC Form 80 once paragraph into several smaller reporting burden for the information
every six years. The last collection was paragraphs. collection as:
FERC FORM 80: LICENSED HYDROPOWER DEVELOPMENT RECREATION REPORT
Annual Cost per
number of Total number Average burden & cost per Total annual burden hours & total
Number of respondents respondent
responses per of responses response 2 annual cost ($)
respondent
(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)÷(1)
400 ............................... 0.167 67 3 3 hrs.; $224 4 ...................... 201 hrs.; $14,974.50 ......................... $37.44
FERC–550, [Oil Pipelines Rates—Tariffs • establishment of equal service other carriers in connection with the
Filings] conditions to provide shippers with transportation of crude oil and
OMB Control No.: 1902–0089. equal access to pipeline transportation; petroleum products. The Commission
Abstract: FERC–550 is required to • establishment of reasonable rates uses this information to determine
implement the sections of the Interstate for transporting petroleum and whether the proposed tariffs and rates
Commerce Act (ICA) (49 U.S.C. 1, et petroleum products by pipeline. are just and reasonable.
seq., 49 App. U.S.C. 1–85). The The filing requirements for oil pipeline Type of Respondent: Oil Pipelines.
Commission’s regulatory jurisdiction tariffs and rates 5 put in place by the Estimate of Annual Burden: The
over oil pipelines includes: FERC–550 data collection provide the Commission estimates the annual public
• Regulation of rates and practices of Commission with the information it reporting burden 6 and cost 7 for the
oil pipeline companies engaged in needs to analyze proposed tariffs, rates, FERC–550 information collection as
interstate transportation; fares, and charges of oil pipelines and follows:
FERC–550: OIL PIPELINES RATES—TARIFFS FILINGS
Annual Cost per
Number of number of Total number Average burden & cost per Total annual burden hours respondent
respondents responses per of responses response 8 & total annual cost ($)
respondent
(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)÷(1)
FERC–550 ..... 208 3.68 765 7.815 hrs.; $582.22 ............ 5,978 hrs.; $445,396 .......... $2,141.33
FERC–549, [NGPA Title III implementing these provisions are interstate pipeline to ship gas on its
Transactions and NGA Blanket contained in 18 CFR part 284. behalf. In addition, interstate pipelines
Certificate Transaction] must obtain from its shippers
Transportation by Interstate Pipelines
certifications including sufficient
OMB Control No.: 1902–0089. In 18 CFR 284.102(e) the Commission information to verify that their services
Abstract: FERC–549 is required to requires interstate pipelines to obtain qualify under this section.
implement the statutory provisions proper certification in order to ship Rates and Charges for Intrastate
governed by Sections 311 and 312 of the natural gas on behalf of intrastate Pipelines
Natural Gas Policy Act (NGPA) (15 pipelines and local distribution
U.S.C. 3371–3372) and Section 7 of the companies (LDC). This certification 18 CFR 284.123(b) provides that
Natural Gas Act (NGA) (15 U.S.C. 717f). consists of a letter from the intrastate intrastate gas pipeline companies file for
The reporting requirements for pipeline or LDC authorizing the Commission approval of rates for
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2 The estimates for cost per response are derived 5 18CFR parts 341–348. 8 The estimates for cost per response are derived
using the 2016 FERC average salary plus benefits of 6 The one-time burden imposed by Order 780 using the FERC 2016 average salary plus benefits of
$154,647/year (or $74.50/hour). Commission staff (issued May 16, 2013, in Docket No. RM12–15–000; $154,647/year (or $74.50/hour). Commission staff
finds that the work done for this information 78 FR 32090, 5/29/2013) has been completed and finds that the work done for this information
collection is typically done by wage categories is not included. collection is typically done by wage categories
7 The cost is based on FERC’s 2016 average cost
similar to those at FERC. similar to those at FERC.
3 This figure is rounded from 66.8. (salary plus benefits) of $74.50/hour. The
4 This figure is rounded from $223.50.
Commission staff believes that the industry’s level
and skill set is comparable to FERC.
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![33502 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices
Dated: May 20, 2016. SUPPLEMENTARY INFORMATION: transactions if an applicant can
Kimberly D. Bose, otherwise demonstrate that a proposed
Policy Statement
Secretary. transaction will have no adverse effect
[FR Doc. 2016–12411 Filed 5–25–16; 8:45 am]
1. The Commission issues this Policy on rates.
Statement to provide guidance regarding
BILLING CODE 6717–01–P I. Background
future implementation of hold harmless
commitments offered by applicants as A. The Commission’s Analysis of
DEPARTMENT OF ENERGY ratepayer protection mechanisms to Proposed Transactions Under FPA
mitigate adverse effects on rates that Section 203
Federal Energy Regulatory may result from transactions that are
subject to section 203 of the Federal 4. FPA section 203(a)(4) requires the
Commission
Power Act (FPA).1 Commission to approve proposed
[Docket No. PL15–3–000] 2. On January 22, 2015, the dispositions, consolidations,
Commission proposed guidance in four acquisitions, or changes in control if it
Policy Statement determines that the proposed
areas pertaining to hold harmless
AGENCY: Federal Energy Regulatory commitments: (1) The scope and transaction will be consistent with the
Commission, DOE. definition of the costs that should be public interest.3 The Commission’s
ACTION: Policy Statement. subject to hold harmless commitments; analysis of whether a transaction will be
(2) controls and procedures to track the consistent with the public interest
SUMMARY: The Commission adopts the costs from which customers will be held generally involves consideration of
following policies regarding future harmless; (3) whether to no longer three factors: (1) The effect on
implementation of hold harmless accept hold harmless commitments that competition; (2) the effect on rates; and
commitments offered by applicants as are limited in duration; and (4) (3) the effect on regulation.4 Before
ratepayer protection mechanisms to clarification that, in certain cases, an granting authorization, FPA section
mitigate adverse effects on rates that applicant may be able to demonstrate 203(a)(4) also requires the Commission
may result from transactions subject to that a proposed transaction will not to find that the transaction ‘‘will not
section 203 of the Federal Power Act have an adverse effect on rates without result in cross-subsidization of a non-
(FPA). First, the Commission clarifies the need to make any hold harmless utility associate company or the pledge
the scope and definition of the costs that commitment or offer any other form of or encumbrance of utility assets for the
should be subject to hold harmless ratepayer protection mechanism.2 We benefit of an associate company, unless
commitments. Second, the Commission adopt, clarify, and withdraw, in part, the Commission determines that the
adopts the proposal that applicants the proposals in the Proposed Policy cross-subsidization, pledge, or
offering hold harmless commitments Statement as explained in further detail encumbrance will be consistent with the
should implement controls and below. public interest.’’ 5
procedures to track the costs from 3. First, we adopt, as general 5. The Proposed Policy Statement
which customers will be held harmless. guidance, the lists of transaction-related focused on the second prong of the
The Commission identifies the types of costs and transition costs that should be Commission’s FPA section 203 analysis,
controls and procedures that applicants subject to any hold harmless specifically, the effect of a proposed
offering hold harmless commitments commitment, as proposed in the transaction on rates. As explained in the
should implement. Third, the Proposed Policy Statement, and provide Proposed Policy Statement, the
Commission declines to adopt its additional clarifications regarding Commission has stated that, when
proposal to no longer accept hold transition costs, capital costs, labor considering a proposed transaction’s
harmless commitments that are limited costs, and the costs of transactions that effect on rates, the Commission’s focus
in duration. Fourth, the Commission are not consummated. Second, we ‘‘is on the effect that a proposed
clarifies that, in connection with certain adopt, in part, the proposal regarding transaction itself will have on rates,
types of FPA section 203 transactions, establishing controls and procedures for whether that effect is adverse, and
an applicant may be able to demonstrate transaction-related costs subject to any
that the transaction will not have an hold harmless commitment. Third, we 3 16 U.S.C. 824b(a)(4) (2012).
adverse effect on rates without the need withdraw our proposal to no longer 4 See Inquiry Concerning the Commission’s
to make any hold harmless accept hold harmless commitments that Merger Policy Under the Federal Power Act: Policy
commitment. Statement, Order No. 592, 61 FR 68595 (Dec. 30,
are limited in duration and clarify that 1996), FERC Stats. & Regs. ¶ 31,044, at 30,111
DATES: This policy statement will we will continue to accept hold (1996) (Merger Policy Statement), reconsideration
become effective August 24, 2016. harmless commitments that are time denied, Order No. 592–A, 79 FERC ¶ 61,321 (1997).
limited to support a Commission See also FPA Section 203 Supplemental Policy
FOR FURTHER INFORMATION CONTACT: Statement, 72 FR 42277 (Aug. 2, 2007), FERC Stats.
Eric Olesh (Technical Information), finding that a proposed transaction will & Regs. ¶ 31,253 (2007). See also Revised Filing
Office of Energy Market Regulation, have no adverse effect on rates. Fourth, Requirements Under Part 33 of the Commission’s
888 First Street NE., Washington, DC we clarify that consistent with the Regulations, Order No. 642, 65 FR 70983 (Nov. 28,
Merger Policy Statement, a hold 2000), FERC Stats. & Regs. ¶ 31,111 (2000), order on
20426, (202) 502–6524, eric.olesh@ reh’g, Order No. 642–A, 94 FERC ¶ 61,289 (2001).
ferc.gov. harmless commitment is one of several See also Transactions Subject to FPA Section 203,
Noah Monick (Legal Information), Office forms of ratepayer protection that an Order No. 669, 71 FR 1348 (Jan. 6, 2006), FERC
of the General Counsel, 888 First applicant can offer to address any Stats. & Regs. ¶ 31,200 (2005), order on reh’g, Order
potential adverse effect on rates, and No. 669–A, 71 FR 28422 (May 16, 2006), FERC
Street NE., Washington, DC 20426,
sradovich on DSK3TPTVN1PROD with NOTICES
Stats. & Regs. ¶ 31,214, order on reh’g, Order No.
(202) 502–8299, noah.monick@ that hold harmless commitments may be 669–B, 71 FR 42579 (July 27, 2006), FERC Stats. &
ferc.gov. unnecessary for some categories of Regs. ¶ 31,225 (2006).
Olga Anguelova (Accounting 5 16 U.S.C. 824b(a)(4). The Commission’s
1 16 U.S.C. 824b (2012). regulations establish verification and information
Information), Office of Enforcement,
2 Policy Statement on Hold Harmless requirements for applicants that seek a
888 First Street NE., Washington, DC Commitments, Proposed Policy Statement, 80 FR determination that a transaction will not result in
20426, (202) 502–8098, 4231 (Jan. 27 2015), 150 FERC ¶ 61,031 (2015) inappropriate cross-subsidization or a pledge or
olga.anguelova@ferc.gov. (Proposed Policy Statement). encumbrance of utility assets. See 18 CFR 33.2(j).
VerDate Sep<11>2014 18:47 May 25, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.SGM 26MYN1](https://thefederalregister.org/doc/81_FR_33601/page/4.svg)
Document Created: 2016-05-26 01:14:01
Document Modified: 2016-05-26 01:14:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of information collections and request for comments. | |
| Dates | Comments on the collections of information are due July 25, | |
| Contact | Ellen Brown may be reached by email at [email protected], telephone at (202) 502-8663, and fax at (202) 273-0873. | |
| FR Citation | 81 FR 33499 |
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