[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Rules and Regulations]
[Pages 19832-19834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11049]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 284
[Docket No. RM95-4-002]
Revisions to Uniform System of Accounts, Forms, Statements, and
Reporting Requirements for Natural Gas Companies
Issued April 29, 1996.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule; Order On Clarification.
-----------------------------------------------------------------------
SUMMARY: On February 29, 1996, the Commission issued a notice adopting
specifications for the electronic filing of the Index of Customers and
discount transportation rate report. The electronic filing of these
reports was required by Order No. 581. In response to a request for
clarification, or in the
[[Page 19833]]
alternative rehearing, of the February 29 Notice filed by the National
Registry of Capacity Rights, Inc., the Commission agrees with the
Registry that several items in the electronic filing instruction
manuals should be modified, and indicates that the Commission's staff
will issue revised instruction manuals incorporating the modifications
in the near future.
DATES: Pipelines must implement the data sets for the Index of
Customers starting on April 1, 1996, and for the discount
transportation rate report, starting with the first filing after April
1, 1996.
ADDRESSES: Federal Energy Regulatory Commission, 888 First Street,
N.E., Washington, D.C. 20426.
FOR FURTHER INFORMATION CONTACT:
Richard A. White, Office of the General Counsel, Federal Energy
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426,
(202) 208-0491
Elizabeth A. Taylor, Office of Pipeline Regulation, 888 First Street,
N.E., Washington, D.C. 20426, (202) 208-0826
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
the document during normal business hours in Room 2-A, 888 First
Street, N.E., Washington, D.C. 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 cumputer with a modem by
dialing (202) 208-1397 if dialing locally or 1-800 856-3920 if dialing
long distance. To access CIPS, set your communications software to
19200, 14400, 12000, 9600, 7200, 4800, 2400 or 1200bps, full duplex, no
parity, 8 data bits, and 1 stop bit. The full text of this document
will be available on CIPS indefinitely in ASCII and WordPerfect 5.1
format for one year. 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 2-A, 888 First Street,
N.E., Washington, D.C. 20426.
The Commission's bulletin board system can also be accessed through
the FedWorld system directly by modem or through the Internet. To
access the FedWorld system by modem:
Dial (703) 321-3339 and logon to the FedWorld system.
After logging on, type: /go FERC
To access the FedWorld system, through the Internet:
Telnet to: fedworld.gov
Select the option: [1] FedWorld
Logon to the FedWorld system
Type: /go FERC
Or:
Point your Web Browser to: http://www.fedworld.gov
Scroll down the page to select FedWorld Telnet Site
Select the option: [1] FedWorld
Logon to the FedWorld system
Type: /go FERC
On February 29, 1996, the Federal Energy Regulatory Commission
(Commission) issued a notice adopting specifications for the electronic
filing of the Index of Customers and discount transportation rate
report.1 The electronic filing of these reports was required by
Order No. 581.2 The National Registry of Capacity Rights, Inc.
(the Registry) has filed an emergency request for clarification, or in
the alternative, rehearing, of the February 29 Notice. The Registry
seeks clarification of several items in the electronic filing
instruction manuals adopted by the February 29 Notice.
---------------------------------------------------------------------------
\1\ The notice, entitled ``Notice Adopting Electronic Filing
Specifications for Index of Customers and Discount Transportation
Rate Report,'' is unreported. (February 29 Notice). 61 FR 8870,
March 6, 1996.
\2\ Revisions to Uniform System of Accounts, Forms, Statements,
and Reporting Requirements for Natural Gas Companies, 60 FR 53019
(October 11, 1995).
---------------------------------------------------------------------------
I. Background
On September 28, 1995, the Commission issued Order No. 581,
amending its Uniform System of Accounts, its forms, and its reports and
statements for natural gas companies.3 These changes include
modifications to the Commission's electronic filing requirements.
Specifically, interstate pipelines transporting or storing gas under
subparts B and G of Part 284 of the Commission's regulations must now
provide an electronic Index of Customers on their electronic bulletin
boards (EBBs) through a downloadable file that is updated
quarterly.4 In addition, the discount rate report, previously
filed only on paper, will now be filed both on paper and
electronically.5
---------------------------------------------------------------------------
\3\ Id.
\4\ To be codified at 18 CFR 284.106(c) and 284.223(b). II FERC
Stats. & Regs. Paras. 24,866 and 24,943. The file must also be filed
with the Commission; however, no paper copies of the Index of
Customers are required to be filed.
\5\ To be codified at 18 CFR 284.7(c)(6). II FERC Stats. & Regs.
para.24,847.
---------------------------------------------------------------------------
Although Order No. 581 imposed new electronic filing requirements,
it did not include the final electronic filing specifications. The
final electronic filing specifications were formulated by the
Commission staff after several informal technical conferences with the
industry, and were issued in the February 29 Notice. The February 29
Notice included two appendices: Appendix A was the ``Instruction Manual
for Electronic Filing of the Index of Customers,'' and Appendix B was
the ``Instruction Manual for Electronic Filing of the Discount
Transportation Rate Report.''
On March 13, 1996, the Registry filed an emergency request for
clarification, or in the alternative, rehearing, of the February 29
Notice. The Registry requests clarification of four items in the
instruction manuals contained in Appendices A and B to the February 29
Notice. The clarifications sought are discussed below.
II. Discussion
First, the Registry seeks clarification of General Instruction 1(b)
of both the Instruction Manual for Electronic Filing of the Index of
Customers (Index of Customers instructions) and Instruction Manual for
Electronic Filing of the Discount Transportation Rate Report (discount
rate report instructions). Instruction 1(b) states, in part, that
``[i]f the respondent does not want to report a value for a specific
data item on the record, then the data item can be omitted * * *.''
6 The Registry seeks clarification that this phrase was not
intended to give respondents the discretion to choose whether to comply
with the reporting requirements.
---------------------------------------------------------------------------
\6\ Instruction Manual for Electronic Filing of the Index of
Customers at 4, and Instruction Manual for Electronic Filing of the
Discount Transportation Rate Report at 4.
---------------------------------------------------------------------------
The Registry is correct. The statement purporting to give
respondents discretion whether or not to comply with the reporting
requirements was made unintentionally. All respondents subject to
sections 284.106(c), and 284.223(b) of the Commission's regulations
must comply with the Index of Customers instructions. Similarly, all
respondents subject to section 284.7(c)(6) must comply with the
discount rate report instructions. Therefore, to avoid any confusion,
the passage the Registry quotes should be revised to read: ``If a data
element is not applicable, the data element must be omitted, * * *.''
Second, the Registry seeks confirmation that the OMB control number
listed on Appendices A and B
[[Page 19834]]
are valid OMB control numbers, and that no other OMB numbers are
needed, in light of the boilerplate language contained in the General
Information sections of the Appendices. Specifically, the language
states that ``You [referring to the respondent] shall not be penalized
for failure to respond to this collection of information unless the
collection of information displays a valid OMB control number.'' 7
The Registry is concerned that if another number is needed, but not
provided, then pipelines will not be required to comply with the new
requirements.
---------------------------------------------------------------------------
\7\ Instruction Manual for Electronic Filing of the Index of
Customers at 3, and Instruction Manual for Electronic Filing of the
Discount Transportation Rate Report at 3.
---------------------------------------------------------------------------
Collections of information by federal government agencies are
subject to the recently enacted Paperwork Reduction Act of 1995.8
The Paperwork Reduction Act of 1995 revises the Paperwork Reduction Act
of 1980.9 The original act required that a data collection form
display a valid OMB control number. In addition to this requirement,
the new act requires that the OMB control number be displayed on the
front page of the form.10 Further, under the new rules, where the
collection is accomplished through electronic formats, the control
number must be placed near the title.11 In compliance with these
directives, the Index of Customers instructions and discount rate
report instructions display a valid OMB control number on the front
page immediately below the title. The OMB control number displayed
below the title is valid, and is displayed according to applicable law.
Further, no other OMB numbers are needed.
---------------------------------------------------------------------------
\8\ Paperwork Reduction Act of 1995, 44 U.S.C. Secs. 3501-3520;
to be codified at 5 CFR Part 1320.
\9\ Paperwork Reduction Act of 1980, Pub. L. 96-511, 94 Stat.
2826, amended 1986, formerly codified at 44 U.S.C. Chapter 35. These
former regulations are contained in the 1995 and earlier versions of
5 CFR Part 1320.
\10\ To be codified at 5 CFR 1320.3(f)(1).
\11\ To be codified at 5 CFR 1320.3(f)(2).
---------------------------------------------------------------------------
Third, the Registry suggests that in the Index of Customers
instructions, ``General Information,'' more detailed language be used
in the ``Purpose'' section. Specifically, the Registry proposes that
the sentence, ``[t]he instructions herein will provide the format for
the electronic dissemination of the data on the respondent's EBB, * *
*'' be clarified to indicate that the dissemination of the data is by
means of a downloadable file in the tab-delimited format, through the
respondent's EBB.
The ``Purpose'' section of the Index of Customers instructions
reads in its entirety:
This data submission is required under 18 CFR Sec. 284.106(c)
and Sec. 284.223(b), which state that each calendar quarter an
interstate pipeline must file with the Commission an index of all of
its firm transportation and storage customers under contract as of
the first day of the calendar quarter. The pipeline must also post
an electronic format of this information on its electronic bulletin
board (EBB). The instructions herein will provide the format for the
electronic dissemination of the data on the respondent's EBB, as
well as the electronic file submitted to the Commission.12
\12\ Instruction Manual for Electronic Filing of the Index of
Customers at 2.
---------------------------------------------------------------------------
The ``Purpose'' section states explicitly that the Index of
Customers instructions apply to the file to be posted on the pipeline's
EBB. Since the body of the instructions make very clear that a tab-
delimited file format is to be used, there is no reason to add to the
``Purpose'' section the reference to the tab format that the Registry
seeks.
However, there is nothing in the purpose section or the body of
instructions that indicates that the file is to be downloadable, as
required by the regulations referenced in the ``Purpose'' section,
sections 284.106(c) and 284.223(b). To be aware of this fact, the
reader would have to refer to the regulations themselves. To ensure
that there is no confusion, the ``Purpose'' section should be clarified
to include the fact that the file must be downloadable from the
pipeline's EBB. Therefore, the last sentence of the ``Purpose'' section
will be changed to read: ``The instructions herein will provide the
format for the electronic dissemination of the data on the respondent's
EBB in a downloadable file, as well as for the electronic file
submitted to the Commission.''
Finally, because the Index of Customers instructions and discount
rate report instructions, which are Appendices A and B, respectively,
to the order, each have three subappendices that are also entitled
``Appendices'' A, B, and C, the Registry suggests that the
subappendices be retitled to something other than ``appendices'' to
prevent confusion. While the subappendices to the instruction manuals
have titles that are the same as the titles of the appendices to the
order, we do not anticipate that confusion will arise. The instruction
manuals are disseminated through the Commission's public reference
division, or from the bulletin board, as stand-alone documents. In
other words, they will no longer be entitled, ``Appendix A'' and
``Appendix B.'' Thus, the only appendices associated with these
electronic filing specifications will be Appendices A, B, and C of each
instruction manual.
In addition to the above matters raised by the Registry, the
Commission's staff has identified other minor matters in the Index of
Customers instructions and discount rate report instructions that
require clarification and/or modifications. These additional changes,
and the changes discussed in this order, will be incorporated in a
revised Index of Customers instruction manual and discount rate report
instruction manual to be issued in the near future by the staff.13
\13\ See 75 FERC para. 61,009 (1996), where the Commission
authorized staff to issue further electronic and paper filing
specifications related to the forms modified by Order Nos. 581 and
582.
---------------------------------------------------------------------------
By the Commission.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 96-11049 Filed 5-02-96; 8:45 am]
BILLING CODE 6717-01-P
