[Federal Register Volume 59, Number 2 (Tuesday, January 4, 1994)]
[Proposed Rules]
[Pages 268-278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31]
[[Page Unknown]]
[Federal Register: January 4, 1994]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 161 and 250
[Docket No. RM94-6-000]
Standards of Conduct and Reporting Requirements for
Transportation and Affiliate Transactions
Issued December 23, 1993.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
proposing to revise its regulations governing standards of conduct and
reporting requirements for transportation and affiliate transactions.
The Commission is proposing to reduce the reporting requirements based
on changes in the way pipelines will be allocating capacity after
implementation of Order No. 636 and the Commission's experience with
the reporting requirements.
DATES: Comments are due February 3, 1994.
ADDRESSES: Office of the Secretary, Federal Energy Regulatory
Commission, 825 North Capitol Street, NE., Washington, DC 20426.
FOR FURTHER INFORMATION CONTACT: Michael Goldenberg, Federal Energy
Regulatory Commission, 825 North Capitol Street, NE., Washington, DC
20426, (202) 208-2294.
SUPPLEMENTARY INFORMATION: In addition to publishing the full text of
this document in the Federal Register, the Commission also provides all
interested persons an opportunity to inspect or copy the contents of
this document during normal business hours in room 3104, 941 North
Capitol Street NE., Washington, DC 20426.
The Commission Issuance Posting System (CIPS), an electronic
bulletin board service, provides access to the texts of formal
documents issued by the Commission. CIPS is available at no charge to
the user and may be accessed using a personal computer with a modem by
dialing (202) 208-1397. To access CIPS, set your communications
software to use 300, 1200 or 2400 bps, full duplex, no parity, 8 data
bits, and 1 stop bit. CIPS can also be accessed at 9600 bps by dialing
(202) 208-1781. The full text of this notice will be available on CIPS
for 30 days from the date of issuance. The complete text on diskette in
WordPerfect format may also be purchased from the Commission's copy
contractor, La Dorn Systems Corporation, also located in room 3104, 941
North Capitol Street, NE., Washington, DC 20426.
The Federal Energy Regulatory Commission (Commission) is proposing
to amend its regulations governing standards of conduct and reporting
requirements for transportation and affiliate transactions. The
Commission is proposing to reduce the reporting requirements
significantly based on changes in the way pipelines will be allocating
capacity after implementation of Order No. 6361 and the
Commission's experience with the reporting requirements.
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\1\Pipeline Service Obligations and Revisions to Regulations
Governing Self-Implementing Transportation; and Regulation of
Natural Gas Pipelines After Partial Wellhead Decontrol, 57 FR 13,267
(Apr. 16, 1992), III FERC Stats. & Regs. Preambles 30,939 (Apr. 8,
1992), order on reh'g, Order No. 636-A, 57 FR 36,128 (Aug. 12,
1992), III FERC Stats. & Regs. Preambles 30,950 (Aug. 3, 1992),
order on reh'g, Order No. 636-B, 57 FR 57,911 (Dec. 8, 1992), 61
FERC 61,272 (1992), appeal pending sub nom., Atlanta Gas Light Co.
and Chattanooga Gas Co. v. FERC, No. 92-8782 (11th Cir. Aug. 13,
1992).
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I. Reporting Requirements
The Commission estimates the public reporting burden for this
collection of information under the proposed rule to average 66.2 hours
per respondent, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. The
information will be collected under FERC-592, Marketing Affiliates of
Interstate Pipelines. In lieu of being physically filed with the
Commission on a periodic basis as a ``response'' or ``filing'', the
data will be updated continuously and made available to customers/
shippers, the public, and the Commission by Electronic Bulletin Boards
(EBBs) established and maintained by the pipeline respondents pursuant
to Order No. 636. The annual reporting burden for some 61 respondents
under the proposed rule is estimated to total 4,038.2 hours.
Because the proposed rule provides for fewer information items, the
burden estimate for FERC-592 in the subject Notice of Proposed
Rulemaking (NOPR) represents a burden reduction of 63 hours per
respondent--or a total reduction of 3,843 hours. The current annual
reporting burden attributable to the FERC-592 information collection is
7,882 hours. A copy of this proposed rule is being provided to the
Office of Management and Budget (OMB).
Interested persons may send comments regarding the burden estimates
or any other aspect of this collection of information, including
suggestions for further reductions of this burden, to the Federal
Energy Regulatory Commission, 941 North Capitol Street, NE.,
Washington, DC 20426 [Attention: Michael Miller, Information Services
Division, (202) 208-1415, FAX (202) 208-2425]. Comments on the
requirements of this proposed rule may also be sent to the Office of
Information and Regulatory Affairs of OMB, Washington, DC 20503
[Attention: Desk Officer for Federal Energy Regulatory Commission (202)
395-6880].
II. Background
The Commission, in Order No. 497,2 issued a rule intended to
prevent pipelines from providing preferential treatment to their
marketing or brokering affiliates. The rule adopted standards of
conduct (codified at part 161 of the Commission's regulations)3
and tariff and reporting requirements (codified in Sec. 250.16).4
The reporting requirements required the pipelines to file FERC Form No.
592, a log containing information relating to transportation for
affiliated marketers, and to maintain the same information for
nonaffiliated shippers. The Commission imposed a sunset provision
requiring a reevaluation of the requirements of the rule within one
year to determine whether increased competition in transportation had
mitigated the concerns about affiliate abuse. The Commission has
extended the sunset provision until December 31, 1993, and,
contemporaneously with this NOPR, is issuing Order No. 497-E which
extends the reporting requirements until June 30, 1994.5
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\2\Inquiry Into Alleged Anticompetitive Practices Related to
Marketing Affiliates of Interstate Pipelines, Order No. 497, 53 FR
22139 (June 14, 1988), FERC Stats. & Regs. [Regulations Preambles
1986-1990] 30,820 (1988), order on rehearing, Order No. 497-A, 54
FR 52781 (Dec. 22, 1989), FERC Stats. & Regs. [Regulations Preambles
1986-1990] 30,868 (1989), order extending sunset date, Order No.
497-B, 55 FR 53291 (Dec. 28, 1990), FERC Stats. & Regs. [Regulations
Preambles 1986-1990] 30,908 (1990), order extending sunset date and
amending final rule, Order No. 497-C, 57 FR 9 (Jan. 2, 1992), III
FERC Stats. & Regs. 30,934 (1991), reh'g denied, 57 FR 5815 (Feb.
18, 1992), 58 FERC 61,139 (1992), aff'd in part and remanded in
part, Tenneco Gas v. Federal Energy Regulatory Commission, 969 F.2d
1187 (D.C. Cir. 1992), order on remand, Order No. 497-D, 57 FR 58978
(Dec. 14, 1992), III FERC Stats. & Regs. 30,958 (1992).
\3\18 CFR part 161.
\4\18 CFR 250.16.
\5\Order No. 497-E also revises Sec. 161.3(f) of the standards
of conduct dealing with the contemporaneous disclosure to
nonaffiliates of transportation, sales, and marketing information
provided to affiliates.
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In Order No. 636, the Commission created a new operating
environment for interstate pipelines and shippers by requiring
pipelines to unbundle their sale of gas from their transportation
service and implementing changes in the terms and conditions for
providing transportation. One of the principal changes introduced by
Order No. 636 was the initiation of capacity release mechanisms through
which firm shippers can release their firm transportation capacity,
including storage capacity, to others wanting to obtain the capacity.
The Commission mandated that all allocations of firm capacity, both
firm capacity available from the pipeline and released capacity, be
implemented through Electronic Bulletin Boards (EBBs) operated by the
pipelines (or operated on their behalf by third parties). The
Commission also has begun the process, in Docket No. RM93-4-000, of
standardizing the methods by which pipelines will provide information
about available capacity through their EBBs.
Another significant change in Order No. 636 was the Commission's
determination that pipelines must provide shippers with flexible
receipt and delivery points. The Commission provided this flexibility
to promote efficient use of pipeline capacity particularly through the
capacity releasing mechanism. A shipper obtaining released capacity
(replacement shipper) is not restricted to using the receipt or
delivery points of the releasing shipper; it is able to select
alternate receipt or delivery points for that capacity to accord with
its requirements for transportation service.
The Commission previously has addressed the effect of EBBs and
capacity release on the Order No. 497 requirements. In Order No. 497-D,
the Commission eliminated the requirement that pipelines file the Form
No. 592 containing the affiliated transportation log with the
Commission, requiring instead that they provide this information on
their EBBs.6 The Commission also determined that Order No. 497
does not apply to temporary capacity releases, because such releases
are not a request for transportation to the pipeline.7 The
releasing shipper, not the pipeline, controls and makes the
determination to release capacity; the pipeline merely facilitates the
transaction.
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\6\Order No. 497-D, III FERC Stats. & Regs. Preambles at 30,737.
\7\Northwest Pipeline Corporation, 65 FERC 61,007 (1993). A
temporary capacity release occurs when the releasing shipper retains
its rights to the capacity when the release period ends. A permanent
release ends the releasing shipper's rights and responsibilities
under the contract and the contract is transferred to the
replacement shipper.
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Now that Order No. 636 has been implemented on virtually all
pipelines, the Commission finds this to be the opportune time to do a
comprehensive reevaluation of the Order No. 497 requirements in light
of the requirements of Order No. 636 as well as the Commission's
experience under Order No. 497. In Order No. 636, the Commission stated
that increased competition resulting from the unbundling of gas sales
from transportation service might reduce the pipelines' incentive for
granting preferences to affiliates, but it concluded such competition
probably would not eliminate the incentive altogether.8 Similarly,
the implementation of capacity release may reduce the pipelines'
incentive to provide its marketing affiliates with preferences for
interruptible transportation, because shippers seeking interruptible
service are not restricted to the pipeline as the sole avenue for such
service, as they were in the past; they now can obtain firm service
through capacity release which is superior to the pipelines'
interruptible service.
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\8\Order No. 636-A, III FERC Stats. & Regs. Preambles at 30,621.
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At this juncture, the Commission does not deem the evidence
sufficient to warrant rescission of the Order No. 497 standards of
conduct and tariff and reporting requirements. As part of its
continuing assessment of the need for these regulations, the Commission
will consider in the final rule any comments relating to the need for,
and retention of, these regulations as a whole. Nevertheless, the
significant changes wrought by Order No. 636 do appear to warrant
substantial revision of the Order No. 497 standards of conduct and
tariff and reporting requirements to eliminate unnecessary information
and to reduce and streamline the compliance burden. Modifications to
the Order No. 497 filing requirements also are needed to conform the
regulations with the requirement that affiliate information be posted
on pipeline EBBs.9
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\9\The Commission is proposing to eliminate current
Sec. 161.3(h), Secs. 250.16(b)(1) (ii) and (iv), and
Secs. 250.16(b)(2) (ii), (iv), and (vii)-(xiv). It proposes to
modify current Sec. 250.16(a), Secs. 250.16(b)(1)(i),
Secs. 250.16(b)(2) (iii), (vi), and (xvii), and Secs. 250.16(c)-(e).
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III. The Proposed Rule
A. Standards Of Conduct
The Commission proposes to eliminate Sec. 161.3(h) of the
regulations which prohibits pipelines from conditioning or tieing an
agreement to release gas subject to take-or-pay relief to the purchase
of services from a marketing affiliate. The Commission in Order No. 636
established procedures for dealing with gas supply realignment costs
resulting from the reformation or termination of take-or-pay contracts
after the unbundling of sales from transportation service.10
Accordingly, a standard of conduct provision relating to take-or-pay
relief should no longer be needed.11
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\1\0Order No. 636, III FERC Stats. & Regs. Preambles at 30,458.
\1\1For the same reason, the Commission is proposing to
eliminate current Sec. 250.16(b)(2)(xiii) requiring pipelines to
include in their transportation log a statement of whether the gas
being transported is subject to take-or-pay relief.
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B. Tariff And Reporting Requirements
1. Revisions To Coordinate With Other Regulatory Changes
The reporting requirements currently apply to interstate pipelines
transporting gas pursuant to subparts B, G, H, or K of part 284. The
Commission proposes to remove the references to subparts H and K.
Subpart H applies to capacity release transactions and is an
unnecessary and duplicative reference, since, by its own terms, it
applies only to pipelines transporting gas under subparts B and G.
Subpart K, which applies to pipelines transporting gas on the outer
continental shelf, is similarly unnecessary because, it too, requires
such pipelines to transport gas pursuant to subpart G.
2. Tariff Provisions
Current Sec. 250.16(b)(1) presently requires pipelines to include
in their tariffs information about shared operating personnel and
facilities, the information and format for a request for service, the
procedures used to address complaints, and the procedures used to
inform shippers about the availability and pricing of transportation
service. Current Sec. 250.16(g)(1) requires pipelines to maintain and
follow certain procedures to make the tariff information available to
the public.
The Commission proposes to eliminate the requirement, in current
Sec. 250.16(b)(1)(ii), that pipelines include in their tariffs the
information required for a valid request for service, including the
information required for the Form No. 592 affiliate transportation log.
This provision was intended to ensure that pipelines obtained from a
shipper requesting service information known to the shipper, but not to
the pipeline, which the pipeline was required to maintain by the
regulations.12 The information which pipelines needed to obtain
included items such as the supplier of gas, the end-user, and whether
or not the gas was subject to take-or-pay relief. The requirement for
pipelines to include the request for service information in their
tariff no longer appears necessary, because pipeline tariffs already
include procedures for requesting service, and more important, this
NOPR is proposing to eliminate the information which the pipelines
previously had to obtain from the transportation request form. Under
the proposed regulations, pipelines should know all the relevant
information, without having to obtain additional information from the
requesting shipper.
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\1\2See Order No. 497, FERC Stats. & Regs. [Regulations
Preambles 1986-1990] at 31,147 (transportation request must include
the items to be disclosed).
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The Commission proposes to eliminate the requirement, in current
Sec. 250.16(b)(1)(iv), that requires pipeline tariffs to include the
procedures used to inform affiliated and nonaffiliated shippers of the
availability and pricing of transportation service and of the capacity
available for transportation. This requirement appears superfluous
since pipelines are required under Order No. 636 to provide equal and
timely access on their EBBs to information relevant to the availability
of service on their systems.13
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\1\318 CFR 284.8(b)(3), (4); 18 CFR 284.9(b)(3), (4).
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The Commission also is proposing to eliminate the requirement, in
current Sec. 250.16(g)(1), that pipelines maintain and make available
to the public (at the pipelines' offices and through the mail) the
tariff information they file with the Commission. This provision merely
duplicates existing provisions. Section 4(c) of the Natural Gas Act
requires pipeline tariff information to be publicly available and the
Commission's regulations already require that the information be made
available at the pipelines' offices as well as through the mail.14
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\1\415 U.S.C. 717c(c) (1988); 18 CFR 154.16, 154.22.
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3. Reporting Transportation Transactions
Current Sec. 250.16(b)(2) requires pipelines to file with the
Commission a transportation log reporting a variety of information
related to affiliate transactions, and Sec. 250.16(c) requires
pipelines to maintain the same information for nonaffiliate
transactions. The Commission is proposing to reduce the amount of
information that must be maintained and to clarify the filing
requirements in light of the requirement, promulgated in Order No. 497-
D, that pipelines post the information on their EBBs in lieu of filing
it with the Commission.15
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\1\5Order No. 497-D, III FERC Stats. & Regs. Preambles at
30,737; 18 CFR 250.16(d)(1).
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a. Information requirements. The Commission is proposing to
eliminate the requirement that pipelines maintain information relating
to firm transportation under Sec. 250.16. As a result of Order No. 636,
the posting and awarding of firm service, including the reservation
charge for that service, will be conducted through, and reported on,
the pipelines' EBBs.16 Since all the details regarding an
affiliate's or other shipper's acquisition of firm service will be on
the EBB, a similar posting requirement for affiliate information under
Sec. 250.16 appears unnecessary.17
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\1\618 CFR 284.8(b)(3), 284.8(b)(4); Order No. 636, III FERC
Stats. & Regs. Preambles at 30,419-20.
\1\7The Commission recognizes that pipelines may offer firm
shippers discounts on the reservation charge after the capacity is
awarded and also may discount the firm usage charge. But the
Commission does not deem the potential for such discounting
sufficient to warrant the continuation of the reporting requirements
under Sec. 250.16. Such discounting has not proven to have been
extensive in the past. Moreover, information on any firm discounts
that pipelines do provide affiliates will be available on pipeline
EBBs under former standard I and under the Commission's Part 284
discount reporting requirements, although without as much detail as
required by Sec. 250.16. See 18 CFR 161.3(i)(revised Sec. 161.3(h));
18 CFR .8(b)(4)(v) (requiring standards of conduct information to be
posted on EBBs); 18 CFR 284.7(d)(5)(4). In addition, the
Commission's adoption of straight-fixed-variable (SFV) rate design
in Order No. 636 virtually eliminates the pipelines' ability to
discount the firm usage rate as well as the impact of any discounts
if they did occur. Under SFV, the usage rate reflects only variable
costs (and applicable volumetric surcharges), and pipelines cannot
discount below variable cost.
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For interruptible transportation, however, the EBBs will not
provide the relevant discount information, because, unlike firm
service, the EBBs will not be used to allocate interruptible capacity
or establish a shipper's rate for interruptible service.18 The
allocation of interruptible transportation and the rate for individual
transactions usually takes place during the pipelines' monthly and
daily nomination and scheduling process. Accordingly, the Commission is
retaining the current requirement to maintain and post information for
discounts on interruptible service (proposed Sec. 250.16(c)).
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\1\8Order No. 636 only required pipelines to post their
available interruptible capacity on their EBBs, but it did not
mandate that the awarding of interruptible capacity take place on
the EBBs. 18 CFR 284.9(b)(3).
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The Commission is proposing to eliminate a number of reporting
requirements relating to requests for interruptible service.19 The
Commission's experience in administering Order No. 497 is that the most
important information for monitoring potential undue discrimination is
the discount information for individual transactions. Once that
information is known, the Commission can obtain information regarding
the transportation request during an investigation if it is needed.
Indeed, some of the information on the request, such as the extent of
affiliation between pipelines and suppliers or shippers, would appear
to be well known to the parties transacting business on the pipelines
and should not need to be posted.20
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\1\9The Commission is proposing to eliminate current
Secs. 250.16(b)(2)(ii), (iii), (v), (vi), (xiv), (xv), (xvii).
\2\0For the same reason, the Commission is proposing to
eliminate the reporting of corporate affiliation in the discount
reporting requirement under current Sec. 250.16(b)(2)(xix).
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The Commission is proposing to eliminate a series of requirements
for posting information obtained from the transportation request on the
source and destination of gas.21 Information from the
transportation request form on source and destination should no longer
be of much value since the Commission has required pipelines to provide
for flexible receipt and delivery points. By making use of alternate
receipt or delivery points, shippers will be able to transport gas
between a variety of sources and destinations, regardless of the source
or destination information provided on the transportation request form.
The Commission, however, is retaining the requirement that pipelines
post the quantity of gas at each delivery point for discounts actually
granted.
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\2\1Current Secs. 250.16(b)(2) (vii), (ix), (xi).
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The Commission has not proposed to delete certain information
relating to requests for service, such as the position of the request
in the transportation queue and the disposition of the request.
Nevertheless, the Commission is unsure about the value of retaining the
requirements for posting information concerning the requests for
service and solicits comments on whether they should be deleted as
well.
In Order No. 636-A, the Commission addressed the requirement in
current Sec. 250.16(b)(2)(xiv) for reporting whether gas sales are
being made below cost.22 A commenter had requested additional
protection against affiliate abuse, contending that, after unbundling,
a pipeline could avoid the Order No. 497 requirement to post
transportation discounts by charging its affiliate the maximum
transportation rate to deliver the gas, but selling gas to its
affiliate at a loss. As part of its response, the Commission stated
that concealment of such an arrangement would be difficult in light of
the Sec. 250.16(b)(2)(xiv) requirement for pipelines to report whether
affiliated marketers or their blanket sales operating units were
selling gas below cost.
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\2\2Order No. 636-A, III FERC Stats. & Regs. Preambles at
30,622-23.
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However, after further consideration and review of experience under
Order No. 497, the Commission is proposing to eliminate the sales below
cost provision, because it has not proved meaningful in evaluating
discounts granted by pipelines. The Commission understands the
pipelines obtain the information on below cost sales from the
affiliated marketer in its initial request for service. The information
reported by the pipeline, therefore, would not provide current below
cost sales information that can be directly related to the current
transportation arrangements posted in the log. Experience also shows
that 98% of the time pipelines report this information as ``no'' or
``unknown''.
The Commission has no evidence that the manipulation of gas and
transportation prices, as suggested by the comment in Order No. 636-A,
has occurred or resulted in discrimination. Moreover, the Commission
seriously doubts whether, in the competitive market for gas sales, any
pipeline reporting requirement would permit monitoring of the ever-
changing price which shippers, whether affiliated marketers or others,
will be paying for gas. Shippers in the market are in a better position
to obtain information on gas prices and to file complaints with the
Commission if they believe a manipulation of gas and transportation
prices results in an undue discrimination relating to the
transportation component.
The Commission also is proposing to clarify the reporting
requirements by requiring the provision of information on whether an
affiliate or sales operating unit is involved in the transportation
transaction and its role. Current Sec. 250.16(b)(2) (revised
Sec. 250.16(d)) already requires pipelines to report transactions in
which an affiliated marketer is involved, even if it is not the
shipper. For example, an affiliate or pipeline sales operating unit
could be involved in a transaction as a seller of gas or as an agent,
but not as the shipper. The requirement to report the extent of such
involvement would ensure that those obtaining the affiliate information
would know the role of the pipeline affiliate when it is not a shipper.
b. Access to the affiliate and nonaffiliate information. The
existing regulations require pipelines to file transportation logs at
the Commission. The Commission is proposing to conform these filing
requirements to the requirement, established in Order Nos. 497-D and
497-E, that pipelines post affiliate information on their EBBs rather
than submitting it to the Commission.23
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\2\3Under Order No. 497-E, the requirement for filing
transportation logs at the Commission terminates the earlier of 90
days after a pipeline is in compliance with Order No. 636 or June
30, 1994.
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To conform the Order No. 497 regulations with the requirements for
EBBs, the new regulations would require pipelines to post affiliate
information on their EBBs in conformity with the requirements of
Sec. 284.8(b)(4) and their tariffs and to provide access to the
affiliate information using the same procedures and protocols as used
for accessing their EBBs.24 Pipelines, therefore, must ensure that
their EBBs for affiliate information are user-friendly and incorporate
the same features as apply to the other aspects of the pipelines'
EBBs.25 They also must permit users to obtain the affiliate
information by using the same phone number and log-on procedures they
would use to access and obtain information about available capacity
from the pipelines' EBBs.26
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\2\4Pipelines with waivers of the EBB requirements under Order
No. 636 would have to file for a waiver of the posting and
downloading requirements for the affiliate information and propose
an alternate method for making the information available.
\2\5See Order No. 636, III FERC Stats. & Regs. Preambles at
30,415. For example, the requirements to provide information through
downloadable files, to provide on-line help, search functions, and
menus, and to provide for backing-up, archiving, and retrieval of
this material would be the same as those for the capacity
availability information posted pursuant to Sec. 284.8(b)(4).
\2\6For example, the Commission envisions that, in most cases,
the Order No. 497 information would be a separate menu item that
users could choose when they log-on to the pipeline's EBB.
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The Commission previously had required pipelines to file their
affiliate transportation logs with the Commission on magnetic tape or
computer disks according to specified data formats.27 The
Commission similarly required the pipelines to maintain nonaffiliate
information in electronic form and to provide this information to the
Commission upon request or to the public under the Commission's
discovery procedures.28 Since pipelines are now required to comply
with the Part 284 EBB requirements for posting of the affiliate
information, they must make this information available through
downloadable files. The regulations have been revised to reflect this
requirement.
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\2\718 CFR 250.16(e).
\2\818 CFR 250.16(c); 18 CFR 385.401-11.
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The Commission is also proposing to modify the requirements for
providing both affiliate and nonaffiliate information to the Commission
upon request. Under the proposal, pipelines would only have to maintain
the information and be prepared to make it available electronically
within a reasonable time upon request, according to specifications and
formats promulgated by the Commission. Under the proposal, pipelines
would not have to maintain the nonaffiliate information in one computer
file. They could maintain the information in different files so long as
they could extract the information and provide it, upon request, in
electronic form. The Commission proposes to revise Form No. 592 to set
forth the specifications and formats to be used for downloading and for
providing the information to the Commission upon request.29
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\2\9The proposed specifications and format are attached as
Appendix A.
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Current Sec. 250.16(d)(4)(ii) provides that filing the discounted
rate report for affiliate transactions within 15 days of the close of
the billing period satisfies a pipeline's obligation to file discount
reports under Sec. 284.7(d)(5)(iv). Since pipelines are no longer
required routinely to file transportation logs with the Commission,
they must now fully comply with Sec. 284.7(d)(5)(iv) for affiliate
transactions.
IV. Sunset Date
The Commission is not proposing to include a sunset provision in
this rule. The proposed revisions reduce the compliance burden
significantly, and a firm sunset date, such as one year from issuance,
would not necessarily provide sufficient time for the Commission fully
to evaluate the effect of Order No. 636 on the pipelines' incentive to
favor affiliates. The Commission always can reevaluate the rule when
sufficient information is available. For example, after evaluation of
the impact of the capacity release mechanism, the Commission may find
that the availability of released capacity has so reduced the
significance of interruptible discounts from the pipeline that the
regulations are no longer needed. But, the Commission cannot predict
when it would have sufficient data to make such a determination. The
Commission notes that even without a sunset provision, it must review
these regulations within three years because the Paperwork Reduction
Act does not permit OMB to approve an information collection
requirement for a period in excess of three years.30
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\3\044 U.S.C. 3507(d).
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V. Environmental Analysis
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.31 The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.32 The action taken here falls within categorical
exclusions provided in the Commission's regulations.33 Therefore,
an environmental assessment is unnecessary and has not been prepared in
this rulemaking.
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\3\1Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. Preambles 1986-1990 30,783 (1987).
\3\218 CFR 380.4.
\3\3See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5).
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VI. Regulatory Flexibility Act Certification
The Regulatory Flexibility Act of 1980 (RFA)34 generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
Pursuant to section 605(b) of the RFA, the Commission hereby certifies
that the regulations proposed herein will not have a significant impact
on a substantial number of small entities.
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\3\45 U.S.C. 601-612.
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VII. Information Collection Requirement
Office of Management and Budget (OMB) regulations require approval
of certain information collection requirements imposed by agency
rules.35 The proposed rule revises and reduces the reporting
requirements/burden under existing FERC-592, Marketing Affiliates of
Interstate Pipelines (OMB Control No. 1902-0157).
---------------------------------------------------------------------------
\3\55 CFR 1320.13.
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The information required under FERC-592 enables the Commission to
carry out its legislative mandate under the NGA and NGPA and will help
ensure a viable capacity release market under the Commission's Order
No. 636. Specifically, the required information allows the Commission
to review/monitor pipeline transportation, sales, and storage
transactions with its marketing affiliates to deter undue
discrimination and to take appropriate action, where and when
necessary. The information is also used by others to indicate whether
or not there has been discrimination in pipeline/affiliate/nonaffiliate
transactions.
The Commission is submitting notification of these FERC-592
information requirements to OMB for its review and approval. Interested
persons may obtain further information by contacting the Federal Energy
Regulatory Commission, 941 North Capitol Street, NE., Washington, DC
20426 [Attention: Michael Miller, Information Services Division, (202)
208-1415]. Comments on the requirements of the subject proposed rule
may also be sent to the Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, DC 20503 [Attention: Desk
Officer for Federal Energy Regulatory Commission].
VIII. Comment Procedures
The Commission invites interested persons to submit written
comments on the matters proposed in this notice, including any related
matters or alternative proposals that commenters may wish to discuss.
An original and 14 copies of comments to this notice must be filed with
the Commission no later than February 4, 1994. Comments should be
submitted to the Office of the Secretary, Federal Energy Regulatory
Commission, 825 North Capitol Street, NE, Washington, DC 20426, and
should refer to Docket No. RM94-6-000.
All written comments will be placed in the Commission's public
files and will be available for inspection in the Commission's Public
Reference Room at 941 North Capitol Street, NE, Washington, DC 20426,
during regular business hours.
List of Subjects
18 CFR Part 161
Natural gas, Reporting and recordkeeping requirements.
18 CFR Part 250
Natural gas, Reporting and recordkeeping requirements.
By direction of the Commission.
Lois D. Cashell,
Secretary.
In consideration of the foregoing, the Commission proposes to amend
parts 161 and 250, chapter I, title 18, Code of Federal Regulations, as
set forth below.
PART 161--STANDARDS OF CONDUCT FOR INTERSTATE PIPELINES WITH
MARKETING AFFILIATES
1. The authority citation for part 161 continues to read as
follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.
2. In Sec. 161.3, paragraph (h) is removed, paragraphs (i) through
(l) are redesignated (h) through (k), and redesignated paragraph (i) is
revised to read as follows:
Sec. 161.3 Standards of conduct.
* * * * *
(i) It must file with the Commission procedures that will enable
shippers and the Commission to determine how the pipeline is complying
with the standards in this section.
PART 250--FORMS
1. The authority citation for part 250 continues to read as
follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.
2. Sec. 250.16 is revised to read as follows:
Sec. 250.16 Format of compliance plan for transportation services and
affiliate transactions.
(a) Who must comply. The requirements of this section apply to
interstate natural gas pipelines that transport natural gas for others
pursuant to subparts B or G of part 284 of this chapter and are
affiliated, as that term is defined in Sec. 161.2 of this chapter, in
any way with a natural gas marketing or brokering entity and conducts
transportation transactions with its affiliate.
(b) Tariff requirements. An interstate pipeline must maintain
tariff provisions containing the following:
(1) A complete list of operating personnel and facilities shared by
the interstate natural gas pipeline and the affiliated marketing or
brokering company, which the pipeline must update and refile with the
Commission on a quarterly basis to reflect changes occurring during the
quarter;
(2) The procedures used to address and resolve complaints by
shippers and potential shippers including a provision that the pipeline
will respond within 48 hours and in writing within 30 days to such
complaints.
(c) Transportation information. An interstate pipeline must
maintain the following information for all requests for interruptible
transportation service conducted pursuant to subparts B or G of part
284 of this chapter.
(1) The identity of the shipper making the request for service,
including a designation of whether the shipper is a local distribution
company, an interstate pipeline, an intrastate pipeline, an end user, a
producer, or a marketer.
(2) The date of receipt of the request.
(3) The specific affiliation of the requester with the interstate
pipeline.
(4) Whether an affiliated marketer or pipeline sales operating unit
is involved in the transaction and its role.
(5) The maximum daily contract volume of gas requested to be
transported.
(6) The position of the request in the transportation request
queue.
(7) The disposition of the request.
(8) Any complaints by the shipper or end user concerning the
requested or furnished service and the disposition of such complaints.
(9) Whenever service is requested, offered, or provided at
discounted rates: The name of the shipper requesting or being offered
or provided the discount; the amount and duration of the discount
requested, offered or provided; the maximum rate or fee; the rate or
fee actually charged during the billing period; and the quantity of gas
scheduled at the discounted rate during the billing period for each
delivery point.
(10) Whether the pipeline has granted a waiver of a tariff
provision in providing the requested service.
(d) Filing requirements for transportation involving affiliated
marketers or brokers. An interstate pipeline must file the information
specified in paragraph (c) of this section for transportation requests
by affiliated marketers or brokers or in which an affiliated marketer
or broker is involved in the following manner and must provide this
information when service begins and update the information on a daily
basis.
(1) It must post each transaction on its Electronic Bulletin Board
for no less than 90 days in conformity with the requirements of subpart
A, part 284, Sec. 284.8(b)(4) of this chapter and its tariff, and using
the same protocols and procedures for access as used for its Electronic
Bulletin Board.
(2) It must provide for downloading of the information according to
specifications and format contained in Form No. 592, which can be
obtained at the Federal Energy Regulatory Commission, Public Reference
and Files Maintenance Branch, 941 North Capitol St., NE., Washington,
DC 20426
(e) Provision of data for affiliate and nonaffiliate transactions.
(1) The information pipelines are required to maintain by paragraph (c)
of this section for both affiliate and nonaffiliate transaction must be
made available to the Commission upon request and to the public under
subpart D of part 385 of this chapter.
(2) When requested by the Commission, the information must be
provided, within a reasonable time, according to the specifications and
format contained in Form No. 592, which can be obtained at the Federal
Energy Regulatory Commission, Public Reference and Files Maintenance
Branch, 941 North Capitol St., NE., Washington, DC 20426.
(f) Penalty for failure to comply. (1) Any person who transports
gas for others pursuant to subparts B or G of part 284 of this chapter
and who knowingly violates the requirements of Sec. 161.3, Sec. 250.16,
or Sec. 284.13 of this chapter will be subject, pursuant to
Secs. 311(c), 501, and 504(b)(6) of the Natural Gas Policy Act of 1978,
to a civil penalty, which the Commission may assess, of not more than
$5,000 for any one violation.
(2) For purposes of this paragraph, in the case of a continuing
violation, each day of the violation will constitute a separate
violation.
Note: The following Appendix will not appear in the Code of
Federal Regulations.
Appendix A
Form Approved OMB No. 1902-0157; FERC Form No. 592
Marketing Affiliates of Interstate Pipelines
Record Formats
Revised December 7, 1993.
Public reporting burden for this collection of information is
estimated to average 66.2 hours per year per respondent, including
the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of this collection of
information, including suggestions for reducing the burden, to each
of the following:
Michael Miller, Federal Energy Regulatory Commission, 825 North
Capitol Street, NE., Washington, DC 20426;
Office of Information and Regulatory Affairs, Office of Management
and Budget, Washington, DC 20503, Attention: Desk Officer for the
Federal Energy Regulatory Commission.
Table of Contents
General Information
I Purpose
II Who must Comply
III How to Comply
IV Where to Submit
General Instructions
Specific Instructions
Schedules: Marketing Affiliates of Interstate Pipelines, Schedule X1
(1) The Header Record
(2) The Transportation/Storage Request Record
(3) The Transportation Discounted Rate Record
(4) The Storage Discounted Rate Record
(5) The Narrative Record
(6) The Footnotes Record
General Information
I. Purpose
The information required is to support the monitoring of
activities of pipeline marketing affiliates (which includes holders
of subpart J of part 284 blanket sales certificates) so as to deter
undue discrimination by pipeline companies in favor of marketing
affiliates, and to prevent any harassment of non-affiliates.
II. Who Must Comply
All interstate natural gas pipeline companies that
Transport natural gas for others pursuant to subparts B
or G of part 284
Are affiliated in any way with a natural gas marketing
or brokering entity, as that term is defined in 18 CFR Sec. 161.2,
and
Conduct transportation transactions with an affiliate
must maintain the requisite information for interruptible
transportation service as specified in the FERC Form No. 592 and in
the manner prescribed herein.
III. How to Comply
A. Affiliate Data
The required Form No. 592 information for interruptible
transportation/storage service must be publicly available on an
electronic bulletin board (EBB) which satisfies the pipeline's
obligations under Order No. 636. This Form No. 592 data/information
is also required to be downloadable in ASCII flat files conforming
with the specifications of these instructions and record formats.
The requirement for back-up, archive, and retrieval of the Form
No. 592 interruptible transportation/storage information on the EBB
is the same as for information posted pursuant to Sec. 284.8(b)(4).
Each affiliate interruptible transportation/storage transaction must
be posted for a 90 day period. EBB functionality shall be provided
to permit users to extract currently posted Form No. 592 data, for
one or more months, and to download a flat file containing this
material formatted in accordance with these instructions.
B. Affiliate and Nonaffiliate Data
Pipelines must have the capability to create flat files
containing the Form No. 592 interruptible transportation/storage
information, for a specified time period, for both pipeline
affiliates and nonaffiliates. For discovery, the Commission may
require pipelines to submit these Form No. 592 flat files for both
affiliates and nonaffiliates on 9-track tape reel(s), 18-track tape
cartridges(s), or on computer diskette(s).
The pipeline may also be requested to provide one paper copy of
the information submitted on the magnetic tape(s) or diskette(s)
formatted so as to assist Commission staff in reading the company's
flat files. The paper copy, if requested, must cover the same time
period as the flat files submitted on the magnetic tape(s) or
diskette(s).
IV. Where to Submit
(1) Any required submission should be addressed to: Office of
the Secretary, Federal Energy Regulatory Commission, 825 N. Capitol
Street, NE., Washington, DC 20426.
(2) Hand deliveries can be made to: Office of the Secretary,
Federal Energy Regulatory Commission, room 3110, 825 N. Capitol
Street, NE., Washington, DC 20426.
General Instructions
1. The notation f(m,n) will be used to denote a numeric string
of length ``m'' including a decimal (``.'') with ``n'' digits
following the decimal.
2. In preparing the required flat file, the following
conventions must be followed:
(A) All numeric fields must not be left blank and must be right
justified unless indicated otherwise.
(B) All money items should be rounded to the nearest dollar
except where noted.
(C) All volumetric data should be stated in MMbtu's (rounded to
the nearest MMbtu), except where noted.
(D) All rates should be stated in cents per MMbtu fixed decimal
numbers, format f(10,2). For example, $1.5264/MMbtu should be stated
as 152.64.
(E) Negative values should be reported with a ``-'' sign
preceding the first nonzero digit reported.
(F) Commas must not be included in any numeric field.
(G) Percents should be reported as whole numbers between 0 and
100 inclusive.
(H) All dates should be reported as six digit numerics (year,
month, day), unless otherwise indicated.
3. The sequence number is the sequential number assigned to a
record as it is recorded on a schedule/record. The sequence number
is incremented as additional records are added to a schedule/record
and will be between 1 and 999,999, inclusive. (Note: The sequence
number should be right justified, zero filled.)
4. The reference number is the alphanumeric string formed by
concatenation of the Schedule ID, Record ID, sequence number, and
item location number. E.g., a respondent's Company ID reported in
the first record on the ``General Information'' record would have
reference number ``X101000001011'' formed by joining (concatenating)
the schedule ID ``X1'', the record ID ``01'', the sequence number
``000001'', and the item location number ``011''.
5. Report any footnote relative to any item reported on Schedule
X1 in the ``Footnotes Record'', (Record 06 of Schedule X1). Each
footnote should be cross referenced to the schedule and record
(line) it pertains to by the appropriate reference number. E.g., a
footnote for Company ID reported in the first record of the
``General Information'' record, (Schedule X1, Record 01), would be
recorded in the ``Footnote Record,'' (Schedule X1, Record 06), using
the reference number ``X101000001011''. At a minimum, the respondent
should report the following information, in footnotes, for each
contract/ request reported in the ``Transportation Service Data
Record,'' (Schedule X1, Record 02).
a. The field ``Respondent Affiliation,'' item number 15, should
be footnoted to provide a complete list of personnel and facilities
shared by the interstate pipeline and affiliated marketer or broker,
or by the interstate pipeline and its blanket sales operating unit.
Negative reports are required.
b. The field ``Disposition of Request,'' item number 11, should
be footnoted to provide any complaints and the disposition of such
complaints by the shipper or end user concerning the requested or
furnished service.
6. Source of codes.
(A) Pipeline Company ID: Use the code for the pipeline as
contained in the Buyer Seller Code List, U.S. Department of Energy's
publication DOE/EIA-0176. A code may be obtained by calling EIA at
(202) 254-5435.
(B) Contract ID: The respondent's own designation for the
contract or agreement covering the transaction being reported. This
identifier will either be assigned by the respondent or the party
providing a service to the respondent.
7. A pipeline blanket sales operating unit is any entity
operating under a subpart J of part 284 blanket sales certificate,
and is considered the functional equivalent of a marketing
affiliate.
Specific Instructions
1. Request ID: The Request ID is the unique sequential number
assigned by the respondent to a request for transportation service
when that request is received by the respondent.
2. Date Request Received: The month, day, and year the pipeline
company received the request for transportation service.
3. Maximum Daily Contract Volumes To Be Transported (or Maximum
Storage Withdrawal Quantity): The total maximum daily contract
volumes of natural gas to be transported by the pipeline company (or
withdrawn from storage).
4. Delivery Point ID: The point at which the pipeline company
delivers the natural gas to a designated end user, local
distribution company, etc. as specified by the transportation
service requested. The respondent will provide a unique 20-byte
alphanumeric identifier for each delivery point on his pipeline
system. This delivery point ID will be the alphanumeric label/name
which the respondent uses in conducting his daily business, (or a
unique abbreviation thereof if the company identifier is more than
20 characters in length.)
5. Maximum Rate for Transportation Service: The maximum rate
contained in the respondent's currently effective tariff for the
rate schedule under which the interruptible transportation service
is being conducted.
6. Discounted Rate for Transportation Service: A rate that is
less than the maximum rate on file with the Commission.
7. Contracted Storage Capacity: Contracted working gas (Top Gas)
volume.
Schedules
Marketing Affiliates of Interstate Pipelines--Schedule X1
Definitions of Items and File Layout for the Marketing Affiliates of
Interstate Pipelines--Schedule X1
This schedule will consist of six record formats:
(01) The Header Record
(02) The Transportation/Storage Request Record
(03) The Transportation Discounted Rate Record
(04) The Storage Discounted Rate Record
(05) The Narrative Record
(06) The Footnotes Record
(1) The Header Record
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Character
Item No. Item position Data type Comments
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Schedule ID....................................... 1-2 Character...... Sch=X1.
Record ID......................................... 3-4 Numeric........ Code=01.
1.............. Company ID........................................ 5-10 Numeric........ Company code from buyer/seller code list, see general
instruction 6.
3.............. Month Posted...................................... 11-14 Numeric........ (MMYY); month and year which data represents.
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(2) The Transportation/Storage Request Record
--------------------------------------------------------------------------------------------------------------------------------------------------------
Character
Item No. Item position Data type Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Schedule ID....................................... 1-2 Character...... Sch=X1.
Record ID......................................... 3-4 Numeric........ Code=02.
Sequence No....................................... 5-10 Numeric........ Right justified, zero filled, see general instruction
3.
4.............. Contract ID....................................... 11-18 Character...... See general instruction 6(b).
5.............. Request ID........................................ 19-25 Numeric........ See specific instruction 1.
7.............. Position in Queue................................. 26-30 Numeric........ Place in waiting line for contract for transportation
service.
8.............. Total Number of Requests in Queue................. 31-35 Numeric........ Total number of requests pending with pipeline for
initial transportation service.
9.............. Date Request Received............................. 36-41 Numeric........ (MMDDYY); see specific instruction 2.
11............. Disposition of Request............................ 42 Numeric........ See general instruction 5b; code=1, granted at
maximum rate; code=2, granted a discounted rate;
code=3, denied due to a capacity limitation; code=4,
denied due to financial condition of requestor;
code=5, other (provide specific details in a
footnote).
14............. Shipper........................................... 43-82 Character...... Name of the shipper requesting service.
15............. Pipeline Affiliation with Shipper................. 83 Numeric........ See general instruction 5a and note 1; code=1,
respondent affiliated with shipper; code=2,
respondent not affiliated with shipper.
18............. Shipper Type...................................... 84 Numeric........ Code=1, LDC/distributor; code=2, interstate pipeline;
code=3, intrastate pipeline; code=4, end user;
code=5, producer; code=6, marketer; code=7, other,
(specify in footnote).
Affiliate Name.................................... 85-124 Character...... Name of the pipeline affiliate involved in the
transportation/storage service being provided; if
more than one affiliate is involved in the service,
provide name(s) in a footnote.
Role of Affiliate................................. 125 Character...... Affiliates role in the transportation/storage service
is: code=1, shipper; code=2, marketer; code=3,
supplier; code=4, seller; code=5, buyer; code=6,
agent; code=7, enduser; code=8, other, (identify
role in a footnote).
Is Affiliate a Pipeline Sales Operating Unit of 126 Character...... Code=Y, yes; code=N, no.
the Respondent.
20............. Discounted Rate Requested......................... 127 Numeric........ Discounted rate requested by party requesting the
transportation service; code=0, discount not
requested; code=1, discount requested.
21............. Maximum Daily Contract Volume to be Transported 128-137 Numeric........ (MMbtu); see specific instruction 3. Post contracted
(or Maximum Storage Withdrawal Quantity). storage capacity in Item 33b.
31............. Type of Service................................... 138 Numeric........ See note 1; code=1, interruptible service without
waiver; code=2, interruptible service with waiver.
33a............ Type of Transaction............................... 139 Numeric........ Code=1, code=2, a previously posted transaction in
which changes occurred.
33b............ Contracted Storage Capacity....................... 140-149 Numeric........ (MMbtu); see specific instruction 7.
33c............ Character of Service.............................. 150 Numeric........ Code=1, storage service; code=2, transportation
related to sale made by pipeline blanket sales
operating unit; code=3, other transportation.
Posting Date...................................... 151-156 Numeric........ (YYMMDD), year, month, and day entry is posted on
pipeline's electronic bulletin board.
Footnote.......................................... 157 Numeric........ Code=1, footnote is provided for this record; code=0,
no footnote provided.
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Note 1: Report in this data item whether a waiver of a tariff provision has been granted in providing the requested service. Code 1 will be used to
indicate interruptible transportation service without waiver of a tariff provision; code 3 and 4 will be used to indicate interruptible transportation
service with a waiver of a tariff provision of the respondent. Provide details on any waiver granted in a footnote.
(3) The Transportation Discounted Rate Record
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Character
Item No. Item position Data type Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Schedule ID....................................... 1-2 Character...... Sch=X1.
Record ID......................................... 3-4 Numeric........ Code=03.
Sequence Number................................... 5-10 Numeric........ Right justified, zero filled, see general instruction
3.
4.............. Contract ID....................................... 11-18 Character...... See general instruction 6(b).
5.............. Request ID........................................ 19-25 Numeric........ See specific instruction 1.
35............. Delivery Point ID................................. 26-45 Character...... See specific instruction 4 and note 2.
38............. Billing Period.................................... 46-65 Character...... The billing period during which the discounted rate
was collected.
39............. Duration of Discount.............................. 66-67 Numeric........ Number of days in the billing period the discount was
offered or provided.
14............. Shipper........................................... 68-107 Character...... Name of the shipper receiving transportation service.
18............. Shipper Type...................................... 108 Numeric........ Code=1, LDC/distributor; code=2, interstate pipeline;
code=3, intrastate pipeline; code=4, end user;
code=5, producer; code=6, marketer; code=7, other,
(specify in footnote).
36............. Maximum Rate for Transportation Service........... 109-118 Numeric........ (Cents/MMbtu); maximum effective rate/fee currently
on file with the Commission for the service
provided; format f(10,2); e.g., 35.62 cents is
reported as ``35.62''; see specific instruction 5.
37............. Discounted Rate for Transportation Service........ 119-128 Numeric........ (Cents/MMbtu); actual rate/fee collected for the
transportation service rendered; format f(10,2);
e.g., 32.15 cents is reported as ``32.15''; do not
report a negative value; see specific instruction 6.
40............. Volume Transported................................ 129-139 Numeric........ (MMbtu); volume of gas transported at the discounted
rate.
Posting Date...................................... 140-145 Numeric........ (YYMMDD), year, month, and day entry is posted on
pipeline's electronic bulletin board.
Footnote.......................................... 146 Numeric........ Code=1, footnote is provided for this record; code=0,
no footnote provided.
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Note 2: This record is filed for each delivery point actually used during the billing period reported. Only transactions actually discounted should be
reported.
(4) The Storage Discounted Rate Record
--------------------------------------------------------------------------------------------------------------------------------------------------------
Character
Item No. Item position Data type Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Schedule ID....................................... 1-2 Character...... Sch=X1.
Record ID......................................... 3-4 Numeric........ Code=04.
Sequence No....................................... 5-10 Numeric........ Right justified, zero filled, see general instruction
3.
4.............. Contract ID....................................... 11-18 Character...... See general instruction 6(b).
5.............. Request ID........................................ 19-25 Numeric........ See specific instruction 1.
35............. Delivery Point ID................................. 26-45 Character...... See specific instruction 4 and note 3.
38............. Billing Period.................................... 46-65 Character...... The billing period during which the discounted rate
was collected.
39............. Duration of Discount.............................. 66-67 Numeric........ Number of days in the billing period the discount was
offered or provided.
14............. Shipper........................................... 68-107 Character...... Name of the shipper receiving storage service.
18............. Shipper Type...................................... 108 Numeric........ Code=1, LDC/distributor; code=2, interstate pipeline;
code=3, intrastate pipeline; code=4, end user;
code=5, producer; code=6, marketer; code=7, other,
(specify in footnote).
42............. Maximum Rate for Storage Capacity................. 109-118 Numeric........ (Cents/MMbtu); format f(10,2); see specific
instruction 5 for definition.
43............. Maximum Rate for Maximum Storage Withdrawal 119-128 Numeric........ (Cents/MMbtu); format f(10,2); see specific
Quantity. instruction 5 for definition
44............. Maximum Storage Injection Rate.................... 129-138 Numeric........ (Cents/MMbtu); format f(10,2); see specific
instruction 5 for definition.
45............. Maximum Storage Withdrawal Rate................... 139-148 Numeric........ (Cents/MMbtu); format f(10,2); see specific
instruction 5 for definition.
46............. Discounted Rate For Storage Capacity.............. 149-158 Numeric........ (Cents/MMbtu); format f(10,2); see specific
instruction 6 for definition
47............. Discounted Rate For Maximum Storage Withdrawal 159-168 Numeric........ (Cents/MMbtu); format f(10,2); see specific
Quantity. instruction 6 for definition.
48............. Discounted Storage Injection Rate................. 169-178 Numeric........ (Cents/MMbtu); format f(10,2); see specific
instruction 6 for definition
49............. Discounted Storage Withdrawal Rate................ 179-188 Numeric........ (Cents/MMbtu); format f(10,2); see specific
instruction 6 for definition.
50............. Discounted Storage Capacity Volume................ 189-198 Numeric........ (MMbtu).
51............. Discounted Maximum Storage Withdrawal Quantity.... 199-208 Numeric........ (MMbtu).
52............. Discounted Storage Injection Volume............... 209-218 Numeric........ (MMbtu).
53............. Discounted Storage Withdrawal Volume.............. 219-228 Numeric........ (MMbtu).
Posting Date...................................... 229-234 Numeric........ (YYMMDD), year, month, and day entry is posted on
pipeline's electronic bulletin board.
Footnote.......................................... 235 Numeric........ Code=1, footnote is provided for this record; Code=0,
no footnote provided.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note 3: This record is filed for each delivery point actually used during the billing period reported. Only transactions actually discounted should be
reported.
(5) The Narrative Record
--------------------------------------------------------------------------------------------------------------------------------------------------------
Character
Item No. Item position Data type Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Schedule ID....................................... 1-2 Character...... Sch=X1.
Record ID......................................... 3-4 Numeric........ Code=05
Sequence No....................................... 5-10 Numeric........ Right justified, zero filled, see general instruction
3.
Text ID........................................... 11 Numeric........ See note 4.
Text.............................................. 12-143 Character...... See note 5.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note 4: Character positions 12-143 are to be used to enter free form text. The ``Text ID'' is the corresponding code as set forth below which identifies
the required information.
Text ID: 1. Required Information: A complete list of operating personnel and facilities shared by the interstate natural gas pipeline and any affiliated
marketing or brokering company (or blanket sales operating unit).
Text ID: 2. Required Information: The procedures used to address and resolve complaints by shippers and potential shippers.
Note 5: A total of 132 character positions are provided for entering footnote text. If the respondent chooses to enter information in less than the 132
allowed character positions, the information should be left justified and the remainder of the record (line) should be blank filled through character
position 255.
(6) The Footnotes Record
--------------------------------------------------------------------------------------------------------------------------------------------------------
Character
Item No. Item position Data type Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Schedule ID....................................... 1-2 Character...... Sch=X1.
Record ID......................................... 3-4 Numeric........ Code=06.
Sequence No....................................... 5-10 Numeric........ Right justified, zero filled, see general instruction
3.
Reference No...................................... 11-23 Numeric........ Reference number for record being footnoted see
general instruction 4.
Footnote Text..................................... 24-155 Character...... See note 6.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note 6: A total of 132 character positions are provided for entering footnote text.
[FR Doc. 94-31 Filed 1-3-94; 8:45 am]
BILLING CODE 6717-01-P
