[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39252-39253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18957]
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DEPARTMENT OF ENERGY
18 CFR Part 284
[Docket No. RM93-4-008; Order No. 563-E]
Standards for Electronic Bulletin Boards Required Under Part 284
of the Commission's Regulations
Issued July 27, 1995.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule; order modifying capacity release data sets.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
issuing an order making changes to its capacity release data sets and
Electronic Data Interchange implementation guide in response to a
filing by the Electronic Bulletin Board Working Group. The Commission's
order revises its ``Standardized Data Sets and Communication
Protocols,'' available at the Commission's Public Reference and Files
Maintenance Branch.
EFFECTIVE DATE: Pipelines must implement the new requirements by
October 25, 1995.
ADDRESSES: Federal Energy Regulatory Commission, 825 North Capitol
Street NE., Washington, DC 20426.
FOR FURTHER INFORMATION CONTACT:
Michael Goldenberg, Office of the General Counsel, Federal Energy
Regulatory Commission, 825 North Capitol Street NE., Washington, DC
20426, (202) 208-2294
Marvin Rosenberg, Office of Economic Policy, Federal Energy Regulatory
Commission, 825 North Capitol Street NE., Washington, D.C. 20426, (202)
208-1283
Brooks Carter, Federal Energy Regulatory Commission, 825 North Capitol
Street NE., Washington, D.C. 20426, (202) 501-8145.
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 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
[[Page 39253]]
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 19200,
14400, 12000, 9600, 7200, 4800, 2400, or 1200 bps, full duplex, no
parity, 8 data bits, and 1 stop bit. The full text of this document
will be available on CIPS in ASCII and WordPerfect 5.1 format. 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
D.C. 20426.
Order Modifying Capacity Release Data Sets
Before Commissioners: Elizabeth Anne Moler, Chair; Vicky A.
Bailey, James J. Hoecker, William L. Massey, and Donald F. Santa,
Jr.
On June 29, 1995, the Electronic Bulletin Board (EBB) Working Group
submitted a consensus proposal to modify the capacity release data sets
adopted by the Commission in Order No. 563.1 The filing also
contained proposed revisions to the Electronic Data Interchange (EDI)
implementation guide relating to these changes. The approved data sets
and implementation guide are included in a document entitled
``Standardized Data Sets and Communication Protocols,'' available at
the Commission's Public Reference and Files Maintenance Branch.
\1\ Standards For Electronic Bulletin Boards Required Under Part
284 of the Commission's Regulations, Order No. 563, 59 FR 516 (Jan.
5, 1994), III FERC Stats. & Regs. Preambles para. 30,988 (Dec. 23,
1993), order on reh'g, Order No. 563-A, 59 FR 23624 (May 6, 1994),
III FERC Stats. & Regs. Preambles para. 30,994 (May 2, 1994), reh'g
denied, Order No. 563-B, 68 FERC para. 61,002 (1994).
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The Working Group requests that the changes become effective 90
days after a Commission order to provide sufficient implementation
time. The Working Group, through a filing made on May 11, 1995, also
provided notification that, by consensus agreement, it intends to
transfer future responsibility for maintenance of the capacity release
data sets and for the PI GRIDTM Common Code Database to the Gas
Industry Standards Board.
Pursuant to the process adopted by the Commission to make
modifications to the data sets,2 public notice of the June 29,
1995 filing was issued on July 3, 1995, with comments due by July 12,
1995.
\2\ Order No. 563-A, III FERC Stats. & Regs. Preambles at
31,036-37.
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Natural Gas Clearinghouse (NGC), a member of the Working Group,
filed a comment stating that the field entitled discount indicator
needs to be clarified. The discount indicator is a mandatory ``yes/no''
field where:
``Y'' signifies that the rates associated with the capacity
being released include rates discounted by transporter which could
result in additional charges to the bidder if other than the Gas
transaction points used to describe the capacity are utilized, and
``N'' or blank, signifies that no discounts apply.
NGC states that this field was accepted at its behest to reflect
the Commission's decision in ANR,3 under which a replacement
shipper may be assessed charges in excess of its bid if it uses
alternate receipt or delivery points.
\3\ ANR Pipeline Company, 66 FERC para. 61,340, at 62,130-32
(1994).
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NGC contends that, after the Working Group filed the data sets, an
ambiguity became apparent. It is concerned that parties that were not a
part of the Working Group process may interpret this provision to mean
that the field would be coded as ``yes'' whenever a shipper is
releasing capacity on which it pays discounted rates. NGC maintains
that it and the Working Group's intent was that the field be coded
``yes'' only when the replacement shipper would be exposed to a higher
rate for the use of alternate points. NGC requests clarification of
this point and also recommends revision to the description of the field
to better reflect this intent.4
\4\ Specifically, NGC recommends the field be reworded to state:
``Y'' signifies that the rates associated with the capacity
being released include rates discounted by transporter which that
could result in additional charges to the bidder if other than the
Gas transaction points used to describe the capacity are utilized,
and ``N'' or blank, signifies that no discounts such additional
charges could apply.
NGC states the revised definition should be included in both the
``description of field'' and the ``data type and explanation''
columns.
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The Commission accepts the data sets and EDI implementation guide,
and will grant the clarification and accept the proposed language
revision requested by NGC. This clarification will help ensure that the
discount indicator field is coded in a consistent manner so that
replacement shippers can rely on the information provided.
In El Paso 5 and ANR,6 the Commission explained that when
a replacement shipper obtains capacity that the pipeline sold to the
releasing shipper at a discount rate, the replacement shipper may be
subject to additional charges for using alternate receipt or delivery
points. 7 The replacement shipper is subject to additional charges
only when the releasing shipper includes a specific condition in the
release obligating the replacement shipper to pay the additional
charges resulting from its use of alternate points. Absent an express
condition, the replacement shipper pays the rate established by its bid
and the releasing shipper is required to pay the differential between
the discount rate and the maximum rate.
\5\ El Paso Natural Gas Company, 62 FERC para. 61,311, at 62,991
(1993).
\6\ ANR Pipeline Company, 66 FERC para. 61,340, at 62,130-32
(1994).
\7\ In general, when the pipeline has sold capacity at a
discount, the pipeline is entitled to collect the maximum rate when
shippers change to alternate points (unless the pipeline has agreed
by contract that the discounted rate applies to all points).
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In line with this policy, the Commission clarifies that the
discount indicator is to be coded ``yes'' only when the replacement
shipper could be subject to additional charges for changing points.
This clarification will ensure that replacement shippers receive
consistent and correct information about their potential exposure to
additional charges. The language revision suggested by NGC provides a
better reflection of this intent than the version proposed by the
Working Group and, therefore, will be adopted.
Pipelines will be required to implement the new fields within 90
days of the date of this order. The ``Standardized Data Sets and
Communication Protocols'' will be modified to include the new fields
and will be made available at the Commission's Public Reference and
Files Maintenance Branch.
The Commission Orders
(A) The data sets and implementation guide are accepted with the
revision discussed in the body of this order.
(B) Pipelines must implement the requirements of this order within
90 days of the date of the order.
By the Commission.
Lois D. Cashell,
Secretary.
[FR Doc. 95-18957 Filed 8-1-95; 8:45 am]
BILLING CODE 6717-01-P
