FERC-545, (NOPR in RM96-1-042) Gas Pipeline Rates: Rate Change (Non-formal)

Forms and Documents

Document Name	Status
NOPR (published).pdf Supplementary Document	2021-04-15
RM96-1-042 NOPR (Issued).docx Supplementary Document	2021-04-15
43 USC 1331.pdf Supplementary Document	2021-04-15
42 USC 7101-7352.pdf Supplementary Document	2021-04-15
15 USC 3301-3432.pdf Supplementary Document	2021-04-15
RM96-1-042 NAESB FERC-545 FERC-549C supporting statement.docx Supporting Statement A	2021-04-15
18 CFR 284.pdf Supplementary Document	2021-04-15
15 USC 717.pdf Supplementary Document	2021-04-15

IC Document Collections

IC ID	Document Title	Status
44004	Negotiated Rates and Non-Conforming Agreement Filings	Unchanged
246852	RM96-1-042 NOPR	New
234454	Tariff Filings	Unchanged
234453	Information Reports	Unchanged
234124	RM96-1-041 Final Rule (One-Time averaged over Years 1-3)	Unchanged
217379	Market-Based Rates for Storage Filings	Unchanged
216315	Rate Filings	Unchanged

ICR Details

OMB Control No: 1902-0154	ICR Reference No: 202012-1902-002
Status: Received in OIRA	Previous ICR Reference No: 201811-1902-001
Agency/Subagency: FERC	Agency Tracking No: FERC-545
Title: FERC-545, (NOPR in RM96-1-042) Gas Pipeline Rates: Rate Change (Non-formal)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/16/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2022
Responses	1,465	1,287
Time Burden (Hours)	285,668	283,888
Cost Burden (Dollars)	0	0

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Abstract: FERC-545 is required to implement sections 4, 5, and 16 of the Natural Gas Act (NGA), (15 USC 717c-717o, PL 75 688, 52 Stat. 822 and 830). NGA Sections 4, 5, and 16 authorize the Commission to inquire into rate structures and methodologies and to set rates at a just and reasonable level. Specifically, a natural gas company must obtain Commission authorization for all rates and charges made, demanded, or received in connection with the transportation or sale of natural gas in interstate commerce. Under the NGA, a natural gas company’s rates must be just and reasonable and not unduly discriminatory or preferential. The Commission may act under different sections of the NGA to effect a change in a natural gas company’s rates. When the Commission reviews changes in rates that a natural gas company has proposed, it is subject to the requirement of section 4(e) of the NGA. Under section 4(e), the natural gas company bears the burden of proving that its proposed rates are just and reasonable. For example, when a pipeline files to increase its rates, it makes a filing with the Commission under section 4 of the NGA. These types of filings are referred to as general section 4 rate cases. In the proceedings, the Commission reviews all of a pipeline’s rates and services. A pipeline can file a general section 4 rate case anytime it wishes, provided the pipeline did not agree otherwise in a settlement. A pipeline must demonstrate that the new rates it proposes to charge are just and reasonable. When a rate increase filing is made pursuant to section 4, the application is typically suspended and set for hearing by a Commission Order. On the other hand, when the Commission seeks to impose its own rate determination, it must do so in compliance with section 5(a) of the NGA. Under section 5, the Commission must first establish that its alternative rate proposal is both just and reasonable. The Final Rule in RM96-1-041 requires interstate gas pipelines to make a one-time tariff filing to reflect the changes in the updated NAESB standards. Interstate natural gas pipelines are required to conduct their transactions in accordance with the stated terms of their tariffs. The compliance tariff filings made in accordance with the final rule ensure that the pipelines acknowledge their obligation to conduct their business transactions in accordance with Commission requirements, which now include a requirement to comply with the business practice standards incorporated by reference into the Commission’s regulations as enforceable, mandatory requirements. The tariff filing also provides transparency for customers, as the business practice standards to be followed by the pipeline are specifically identified in the pipeline’s tariff. In the Final Rule, the Commission amends its regulations at 18 CFR 284.12(a) to incorporate by reference the latest version (Version 3.1) of certain business practice standards adopted by the Wholesale Gas Quadrant (WGQ) of the North American Energy Standards Board (NAESB) applicable to natural gas pipelines. To implement these standards, natural gas pipelines will be required to file tariff sheets to reflect the changed standards. The FERC-545 accounts for the preparation and filing of tariff sheets. Information collection requirements contained within the standards are under FERC-549C, which the Commission is submitting concurrently with this package in a separate ICR.

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Authorizing Statute(s): US Code: 15 USC 717-717z Name of Law: Natural Gas Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1902-AF80	Proposed rulemaking	86 FR 12879	03/05/2021

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Information Reports
Market-Based Rates for Storage Filings
Negotiated Rates and Non-Conforming Agreement Filings
RM96-1-041 Final Rule (One-Time averaged over Years 1-3)
RM96-1-042 NOPR
Rate Filings
Tariff Filings

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,465	1,287	0	178	0	0
Annual Time Burden (Hours)	285,668	283,888	0	1,780	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Program Implementation will cause and increase of responses and burden hours to amend the Commission’s regulations at 18 CFR 284.12(a) to incorporate by reference the latest version (Version 3.2) of seven business practice standards applicable to interstate natural gas pipelines adopted by NAESB’s WGQ.

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Annual Cost to Federal Government: $178,804

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/16/2021

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