547 Supporting Statement 2007

IC07-547-000 OMB Control No. 1902-0084

SUPPLEMENTAL SUPPORTING STATEMENT FOR

FERC-547, Gas Pipeline Rates: Refund Report Requirements

The Federal Energy Regulatory Commission (Commission) requests a three-year extension (through 9/30/2010) of Office of Management and Budget (OMB) approval for FERC-547, "Gas Pipeline Rates: Refund Report Requirements," which expires September 30, 2007.

A. JUSTIFICATION

1. CIRCUMSTANCES THAT MAKE THE COLLECTION OF INFORMATION NECESSARY

FERC-547 is required to implement the statutory refund provisions governed by sections 4, 5, and 16 of the Natural Gas Act (NGA) (15 U.S.C. 717-717w) (Attachment 1). Sections 4 and 5 authorize the Commission to order a refund, with interest, for any portion of a natural gas company’s increased rate or charge found to be unjust or unreasonable. Refunds may also be instituted by a natural gas company as a stipulation to a Commission-approved settlement agreement or a provision under the company’s tariff. Section 16 authorizes the Commission to prescribe the rules and regulations necessary to administer its refund mandates. The Commission’s refund reporting requirements are set forth in 18 CFR 154.501and 154.502 (Attachment 2).

2. HOW, BY WHOM, AND FOR WHAT PURPOSE IS THE INFORMATION TO BE USED AND THE CONSEQUENCES OF NOT COLLECTING THE INFORMATION

The Commission regulates key interstate aspects of the electric power, natural gas, oil pipeline and hydroelectric industries. It also authorizes the construction of natural gas pipelines and ensures that hydropower licensing, administration and safety actions are consistent with the public interest. The Commission ensures that rates, terms and conditions of service for segments of the electric, natural gas and oil pipeline industries are just and reasonable.

The impetus for establishing refund reporting requirements came as a result of a judicial decision. (See Interstate Natural Gas Association v. Federal Energy Regulatory Commission, 716 F.2d 1 (D.C. Cir. 1983). The Commission, in response, established refund procedures for overcharges resulting from adjustments to the calculation of the energy content of natural gas sold in accordance with the Natural Gas Policy Act of 1978 (NGPA). The NGPA was repealed by P. L. 101-60; however, provisions under the NGA remained. These procedures and refund requirements were announced in Commission Order Nos. 399, 399-A and 399-B (1984).

The Commission uses the data to monitor refunds owed by natural gas companies and to ensure the flow-through of refunds that are owed by pipelines are made as expeditiously as possible. The information provided by the respondents is used by Commission staff to monitor refund progress and to assure that refunds are made in compliance with the directive. Failure to report this information may result in enforcement action.

The Commission’s Office of Energy Markets and Reliability is responsible for evaluating and processing information related to refund report obligations.

3. DESCRIBE ANY CONSIDERATION OF THE USE OF IMPROVED TECHNOLOGY TO REDUCE BURDEN AND TECHNICAL OR LEGAL OBSTACLES TO REDUCING BURDEN

There are ongoing considerations of the use of improved information technology to reduce the burden. Both the Government Paperwork Elimination Act and OMB Circular A-130 have directed agencies to either employ electronic information collection techniques or at least make them available to the public as an option. Currently the refund reports can be eFiled in any format desired by the respondent through the Commission’s website: http://www.ferc.gov/docs-filing/efiling.asp

4. DESCRIBE EFFORTS TO IDENTIFY DUPLICATION AND SHOW SPECIFICALLY WHY ANY SIMILAR INFORMATION ALREADY AVAILABLE CANNOT BE USED OR MODIFIED FOR USE FOR THE PURPOSE(S) DESCRIBED IN INSTRUCTION NO. 2

Filing requirements are periodically reviewed as OMB review dates arise or as the Commission deems necessary in carrying out its responsibilities under the NGA in order to eliminate duplication and ensure that filing burden is minimized. No other forms collect data similar to that collected under FERC-547.

5. METHODS USED TO MINIMIZE BURDEN IN COLLECTION OF INFORMATION INVOLVING SMALL ENTITIES

FERC-547 is a filing requirement pertaining to pipeline rate refund obligations under the NGA for the sale of natural gas as stated herein. This filing collects data from both large and small respondent companies. Specific efforts have been made to minimize the burden imposed on those small companies who file the report, i.e. there is no required format, allowing respondents to file the required information in a format readily available from their own computer systems.

The data required imposes the least possible burden for companies while collecting the information that is required to process refund reports. In addition, the information is readily available to the respondent companies from the Commission’s website: www.ferc.gov. Under the Documents and Filing tab, choose eLibrary, then on the General Search screen enter a date range of interest, then under Document Type choose "All", and under Class/Type Info Type choose Gas Refund Report, and then click submit at the bottom of the screen.

6. CONSEQUENCE TO FEDERAL PROGRAM IF COLLECTION WERE CONDUCTED LESS FREQUENTLY

It is not possible to collect the data less frequently. The information is only required upon the distribution of a refund by a pipeline company and therefore does not have a set frequency for reporting. If the collection were discontinued, the Commission would not have the necessary information for monitoring refund obligations.

7. EXPLAIN ANY SPECIAL CIRCUMSTANCES RELATING TO THE INFORMATION COLLECTION

There are no special circumstances regarding this collection of information. FERC-547 is a filing requirement necessary to comply with the applicable provisions of the Commission’s regulations as authorized by statute, for refund obligations. An original and two copies, along with a diskette of this filing are required by the Commission in order to carry out the regulatory process.

8. DESCRIBE EFFORTS TO CONSULT OUTSIDE THE AGENCY: SUMMARIZE PUBLIC COMMENTS AND THE AGENCY’S RESPONSE TO THESE COMMENTS.

Commission procedures require that rulemaking notices be published in the Federal Register, thereby allowing all electric utilities, natural gas pipeline companies, state commissions, Federal agencies, and other interested parties an opportunity to submit views, comments or suggestions concerning the proposal. These rulemaking procedures allow for public conferences to be held as required. In accordance with OMB requirements in 5 CFR 1320.8(d), the data collection under FERC-547 was noticed in the Federal Register on March 7, 2007 (Attachment 3). No comments were received in response to this 60 day notice.

9. EXPLAIN ANY PAYMENT OF GIFTS TO RESPONDENTS

There are no payments or gifts to respondents under any circumstance.

10. DESCRIBE ANY ASSURANCE OF CONFIDENTIALITY PROVIDED TO RESPONDENTS

The Commission generally does not consider the data filed to be confidential. However, a company may request confidential treatment of some or all parts of the FERC-547 requirements under the Freedom of Information Act and Commission regulations at 18 C.F.R. 388.112. Each request for confidential treatment will be reviewed by the Commission on a case-by-case basis.

11. PROVIDE ADDITIONAL JUSTIFICATION FOR ANY QUESTIONS OF A SENSITIVE NATURE THAT ARE CONSIDERED PRIVATE

There are no questions of a sensitive nature, such as sexual behavior and attitudes,

religious beliefs and other matters that are commonly considered private in the reporting requirements.

11. ESTIMATED BURDEN OF COLLECTION

The estimated annual collection burden is based on the Commission’s previous experience with refund report obligations and is as follows:

Estimated number of respondents 60

Estimated number of hours per response 75

Frequency of responses 1

Total FERC-547 burden hours in OMB inventory: 5,625

Total FERC-547 burden hours proposed: 4500

Change in burden hours, increase or (decrease) (1125)

Program change: 0

Adjustment: (1125)

11. ESTIMATE OF THE TOTAL ANNUAL COST BURDEN TO RESPONDENTS

Total Number of Cost per Total

Respondent ÷ Hours per x Staff Annualized

Burden Hours Staff year Employee¹ = Cost

4,500 ÷ 2,080 x $122,137 = $264,238

The estimated annual cost to respondents of FERC-547 is $264,238. The cost per respondent is $4,404. Because FERC-547 is an existing information collection, there are no start-up costs.

The respondent burden includes the total time, effort, or financial resources expended by the respondent to assemble and disseminate the information. The cost estimate is based on salaries for professional and support staff, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and cost for information technology.

Indirect or overhead costs are costs incurred by a regulated entity in support of its mission. These costs apply to activities which benefit the whole company rather than anyone particular function or activity.

11. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT

The estimated annualized cost to the Federal Government for FERC-547 is as follows:

(a) Dissemination of filings: $5,744

(b) Information analysis (1.6 FTE) $195,419

Year of Operation $201,163

The estimate of the cost to the Federal Government is based on salaries for professional and clerical support, as well as direct and indirect overhead costs.

11. REASONS FOR CHANGES IN BURDEN INCLUDING ANY INCREASE

The annual reporting burden has been reduced to reflect a reduction in the average number of respondents filing annually from 75 to 60.

11. TIME SCHEDULE FOR THE PUBLICATION OF DATA

Copies of the filings are made available to the public within two days of submission to the Commission and posted on the Commission’s web site. There are no other publications or tabulations of the information.

11. DISPLAY OF THE EXPIRATION DATE

It is not appropriate to display the expiration date for OMB approval of the

information collected pursuant to 18 CFR Part 154. The information is not collected on a standard, preprinted form which would avail itself of this display. Rather, natural gas pipelines companies prepare and submit filings that reflect unique or specific circumstances related to the transaction in the filing. In addition, the information contains a mixture of narrative descriptions and empirical support that varies depending on the nature of the transaction.

B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS

This is not a collection of information employing statistical methods.

Attachment 1

NGA, SEC. 4. RATES AND CHARGES; SCHEDULES; SUSPENSION OF NEW RATES

[3203-5][¶3204]

Rates and Charges; Schedules; Suspension of New Rates

Sec. 4. (a) All rates and charges made, demanded, or received by any natural-gas company for or in connection with the transportation or sale of natural gas subject to the jurisdiction of the Commission, and all rules and regulations affecting or pertaining to such rates or charges, shall be just and

[3203-6]

reasonable and any such rate or charge that is not just and reasonable is hereby declared to be unlawful.

(b) No natural-gas company shall, with respect to any transportation or sale of natural gas subject to the jurisdiction of the Commission, (1) make or grant any undue preference or advantage to any person or subject any person to any undue prejudice or disadvantage, or (2) maintain any unreasonable difference in rates, charges, service, facilities, or in any other respect, either as between localities or as between classes of service.

(c) Under such rules and regulations as the Commission may prescribe, every natural-gas company shall file with the Commission, within such time (not less than sixty days from the date this act takes effect) and in such form as the Commission may designate, and shall keep open in convenient form and place for public inspection, schedules showing all rates and charges for any transportation or sale subject to the jurisdiction of the Commission, and the classifications, practices, and regulations affecting such rates and charges, together with all contracts which in any manner affect or relate to such rates, charges, classifications, and services.

(d) Unless the Commission otherwise orders, no change shall be made by any natural-gas company in any such rate, charge, classification, or service, or in any rule, regulations, or contract relating thereto, except after thirty days’ notice to the Commission and to the public. Such notice shall be given by filing with the Commission and keeping open for public inspection new schedules stating plainly the change or changes to be made in the schedule or schedules then in force and the time when the change or changes will go into effect. The Commission, for good cause shown, may allow changes to take effect without requiring the thirty days’ notice herein provided for by an order specifying the changes so to be made and the time when they shall take effect and the manner in which they shall be filed and published.

(e) Whenever any such new schedule is filed the Commission shall have authority, either upon complaint of any State, municipality, State commission, or gas distributing company or upon its own initiative without complaint, at once, and if it so orders, without answer or formal pleading by the natural-gas company, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, charge, classification, or service; and, pending such hearing and the decision thereon, the Commission, upon filing with such schedules and delivering to the natural-gas company affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, charge, classification, or service, but not for a longer period than five months beyond the time when it would otherwise go into effect; and after full hearings, either completed before or after the rate, charge, classification, or service goes into effect, the Commission may make such orders with reference thereto as would be proper in a proceeding initiated after it had become effective. If the proceeding has not been concluded and an order made at the expiration of the suspension period, on motion of the natural gas company making the filing, the proposed change of rate, charge, classification, or service shall go into effect. Where

[3203-7]

increased rates or charges are thus made effective, the Commission may, by order, require the natural gas company to furnish a bond, to be approved by the Commission, to refund any amounts ordered by the Commission, to keep accurate accounts in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts were paid, and, upon completion of the hearing and decision, to order such natural gas company to refund, with interest, the portion of such increased rates or charges by its decision found not justified. At any hearing involving a rate or charge sought to be increased, the burden of proof to show that the increased rate or charge is just and reasonable shall be upon the natural gas company, and the Commission shall give to the hearing and decision of such questions preference over other questions pending before it and decide the same as speedily as possible.

(f) Authorization of Storage and Storage-Related Services at Market-Based Rates.--(1) In exercising its authority under this Act or the Natural Gas Policy Act of 1978 (15 U.S.C. 3301 et seq.), the Commission may authorize a natural gas company (or any person that will be a natural gas company on completion of any proposed construction) to provide storage and storage-related services at market-based rates for new storage capacity related to a specific facility placed in service after the date of enactment of the Energy Policy Act of 2005, notwithstanding the fact that the company is unable to demonstrate that the company lacks market power, if the Commission determines that--

(A) market-based rates are in the public interest and necessary to encourage the construction of the storage capacity in the area needing storage services; and

(B) customers are adequately protected.

(2) The Commission shall ensure that reasonable terms and conditions are in place to protect consumers.

(3) If the Commission authorizes a natural gas company to charge market-based rates under this subsection, the Commission shall review periodically whether the market-based rate is just, reasonable, and not unduly discriminatory or preferential.

NGA, SEC. 5. FIXING RATE AND CHARGES; DETERMINATION OF COST OF PRODUCTION OR TRANSPORTATION

[3204]

[¶3205]

Fixing Rate and Charges; Determination of Cost of Production or Transportation

Sec. 5. (a) Whenever the Commission, after a hearing had upon its own motion or upon complaint of any State, municipality, State commission, or gas distributing company, shall find that any rate, charge, or classification demanded, observed, charged, or collected by any natural-gas company in connection with any transportation or sale of natural gas, subject to the jurisdiction of the Commission, or that any rule, regulation, practice, or contract affecting such rate, charge, or classification is unjust, unreasonable, unduly discriminatory, or preferential, the Commission shall determine the just and reasonable rate, charge, classification, rule, regulation, practice, or contract to be thereafter observed and in force, and shall fix the same by order: Provided, however, That the Commission shall have no power to order any increase in any rate contained in the currently effective schedule of such natural-gas company on file with the Commission, unless such increase is in accordance with a new schedule filed by such natural-gas company; but the Commission may order a decrease where existing rates are unjust, unduly discriminatory, preferential, otherwise unlawful, or are not the lowest reasonable rates.

(b) The Commission upon its own motion, or upon the request of any State commission, whenever it can do so without prejudice to the efficient and proper conduct of its affairs, may investigate and determine the cost of the

[3205]

production or transportation of natural gas by a natural-gas company in cases where the Commission has no authority to establish a rate governing the transportation or sale of such natural gas.

NGA, SEC. 16. ADMINISTRATION POWERS OF COMMISSION; RULES, REGULATIONS, AND ORDERS

[3214]

[¶3216]

Administration Powers of Commission; Rules, Regulations, and Orders

Sec. 16. The Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend, and rescind such orders, rules, and regulations as it may find necessary or appropriate to carry out the provisions of this act. Among other things, such rules and regulations may define accounting, technical, and trade terms used in this act; and may prescribe the form or forms of all statements, declarations, applications, and reports to be filed with the Commission, the information which they shall contain, and the time within which they shall be filed. Unless a different date is specified therein, rules and regulations of the Commission shall be effective thirty days after publication in the manner which the Commission shall prescribe. Orders of the Commission shall be effective on the date and in the manner which the Commission shall prescribe. For the purposes of its rules and regulations, the Commission may classify persons and matters within its jurisdiction and prescribe different requirements for different classes of persons or matters. All rules and regulations of the Commission shall be filed with its secretary and shall be kept open in convenient form for public inspection and examination during reasonable business hours.

Attachment 2

NGA, Regulations 18 CFR Sec. 154.501 Refunds.

[12,738]

Subpart F--Refunds and Reports

[¶19,171]

§154.501 Refunds.

(a) Refund Obligation. (1) Any natural gas company that collects rates or charges pursuant to this chapter must refund that portion of any increased rates or charges either found by the Commission not to be justified, or approved for refund by the Commission as part of a settlement, together with interest as required in paragraph (d) of this section. The refund plus interest must be distributed as specified in the Commission order requiring or approving the refund, or if no date is specified, within 60 days of a final order. For purposes of this paragraph, a final order is an order no longer subject to rehearing. The pipeline is not required to make any refund until it has collected the refundable money through its rates.

(2) Any natural gas company must refund to its jurisdictional customers the jurisdictional portion of any refund it receives which is required by prior Commission order to be flowed through to its jurisdictional customers or represents the refund of an amount previously included in a filing under section 154.403 and charged and collected from jurisdictional customers within thirty days of receipt or other time period established by the Commission or as established in the pipeline’s tariff.

(b) Costs of Refunding. Any natural gas company required to make refunds pursuant to this section must bear all costs of such refunding.

(c) Supplier Refunds. The jurisdictional portion of supplier refunds (including interest received), applicable to periods in which a purchased gas adjustment clause was in effect, must be flowed through to the natural gas company’s jurisdictional gas sales customers during that period with interest as computed in paragraph (d) of this section.

(d) Interest on Refunds. Interest on the refund balance must be computed from the date of collection from the customer until the date refunds are made as follows:

(1) At an average prime rate for each calendar quarter on all excessive rates or charges held (including all interest applicable to such rates and charges) on or after October 1, 1979. The applicable average prime rate for each calendar quarter must be the arithmetic mean, to the nearest one-hundredth of one percent, of the prime rate values published in the Federal Reserve Bulletin, or in the Federal Reserve’s “Selected Interest Rates” (Statistical Release G, 13), for the fourth, third, and second months preceding the first month of the calendar quarter.

(2) The interest required to be paid under paragraph (d)(1) of this section must be compounded quarterly.

(3) The refund balance must be either:

(i) the revenues resulting from the collection of the portion of any increased rates or charges found by the Commission not to be justified; or

[12,739]

(ii) an amount agreed upon in a settlement approved by the Commission; or

(iii) the jurisdictional portion of a refund the natural gas company receives.

(e) Unless otherwise provided by the order, settlement or tariff provision requiring the refund, the natural gas company must file a report of refunds, within 30 days of the date the refund was made, which complies with §154.502 and includes the following:

(1) workpapers and a narrative sufficient to show how the refunds for jurisdictional services were calculated;

(2) workpapers and a narrative sufficient to determine the origin of the refund, including step-by-step calculations showing the derivation of the refund amount described in paragraph (d)(3) of this section, if necessary;

(3) references to any publicly available sources which confirm the rates, quantities, or costs, which are used to calculate the refund balance or which confirm the refund amount itself. If the rate, quantity, cost or refund does not directly tie to the source, a workpaper must be included to show the reconciliation between the rate, quantity, cost, or refund in the natural gas company’s report and the corresponding rate, quantity, cost or refund in the source document;

(4) workpapers showing the calculation of interest on a monthly basis, including how the carrying charges were compounded quarterly;

(5) workpapers and a narrative explaining how the refund was allocated to each jurisdictional customer. Where the numbers used to support the allocation are publicly available, a reference to the source must be included. Where the allocation methodology has been approved previously, a reference to the order or tariff provision approving the allocation methodology must be included.

(6) a letter of transmittal containing:

(i) a list of the material enclosed;

(ii) the name and telephone number of a company official who can answer questions regarding the filing;

(iii) a statement of the date the refund was disbursed;

(iv) a reference to the authority by which the refund is made, including the specific subpart of these regulations, an order of the Commission, a provision of the company’s tariff, or any other appropriate authority. If a Commission order is referenced, include the citation to the FERC Reports, the date of issuance, and the docket number;

(v) any requests for waiver. Requests must include a reference to the specific section of the statute, regulations, or the company’s tariff from which waiver is sought, and a justification for the waiver.

(7) a certification of service to all affected customers and interested state commissions.

[12,740]

(f) Each report filed under paragraph (e) of this section must be posted no later than the date of filing. Each report must be posted to all recipients of a share of the refund and all state commissions whose jurisdiction includes the location of any recipient of a refund share that have made a standing request for such full report.

(g) Recipients of refunds and state commissions that have not made a standing request for such full report shall receive an abbreviated report consisting of the items listed in §154.501(e)(5) and (e)(6).

NGA, Regulations 18 CFR Sec. 154.502 Reports.

[12,740][¶19,172]

§154.502 Reports.

(a) When the natural gas company is required, either by a Commission order or as a part of a settlement in a proceeding initiated under parts 154 or 284 of this chapter, to make a report on a periodic basis, details about the nature and contents of the report must be provided in an appropriate section of the general terms and conditions of its tariff.

(b) The details in the general terms and conditions of the tariff must include the frequency and timing of the report. Explain whether the report is filed annually, semi-annually, monthly, or is triggered by an event. If triggered by an event, explain how soon after the event the report must be filed. If the report is periodic, state the dates on which the report must be filed.

(c) Each report must include:

(1) a letter of transmittal containing:

(i) a list of the material enclosed;

(ii) the name and telephone number of a company official who can answer questions regarding the filing;

(iii) a reference to the authority by which the report is made, including the specific subpart of these regulations, an order of the Commission, a provision of the company’s tariff, or any other appropriate authority. If a Commission order is referenced, include the citation to the FERC Reports, the date of issuance, and the docket number;

(iv) any requests for waiver. Requests must include a reference to the specific section of the statute, regulations, or the company’s tariff from which waiver is sought, and a justification for the waiver.

[12,741]

(2) a certification of service to all affected customers and interested state commissions.

(d) Each report filed under paragraph (b) of this section must be posted no later than the date of filing.

Attachment 3

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC07–547–000 FERC–547]

Commission Collection Activities, Proposed Collection; Comment Request; Extension and Reinstatement

March 1, 2007.

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

SUMMARY: In compliance with the requirements of Section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995 (Pub. L. 104–13), the Federal Energy Regulatory Commission (Commission) is soliciting public comment on the specific aspects of the information collection described below.

DATES: Comments on the collection of information are due by May 11, 2007.

ADDRESSES: Copies of the proposed collection of information can be obtained from Michael Miller, Office of the Executive Director, ED–34, 888 First Street NE., Washington, DC 20426. Comments on the proposed collection of information may be filed either in paper format or electronically. Those parties filing electronically do not need to make a paper filing. For paper filings, the original and 14 copies of such comments should be submitted to the Secretary of the Commission, Federal

Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC07–

547–000.

Documents filed electronically via the Internet can be prepared in a variety of formats, including WordPerfect, MS

Word, Portable Document Format, Rich Text Format or ASCII format. To file the document, access the Commission’s

Web site at http://www.ferc.gov and click on ‘‘Make an E-filing,’’ and then follow the instructions for each screen.

First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender’s E-mail address upon receipt of comments. User assistance for electronic filings is available at 202–502–8258 or by E-mail to [email protected]. Comments should not be submitted to this E-mail address.

All comments may be viewed, printed or downloaded remotely via the Internet through FERC’s homepage using the eLibrary link. For user assistance, contact [email protected] or toll free at (866) 208–3676 or for TTY, contact (202) 502–8659.

FOR FURTHER INFORMATION CONTACT:

Michael Miller may be reached by telephone at (202) 502–8415, by fax at (202) 273–0873 and by E-mail at [email protected].

SUPPLEMENTARY INFORMATION: The information collected under the requirements of FERC–547, ‘‘Gas Pipeline Rates: Refund Report Requirements’’ (OMB No. 1902–0084) is used by the Commission to implement the statutory refund provisions

governed by sections 4, 5 and 16 of the Natural Gas Act (NGA) (15 U.S.C. 717–717w). Sections 4 and 5 authorize the

Commission to order a refund, with interest, on any portion of a natural gas company’s increased rate or charge that is found to be not just or reasonable. Refunds may also be instituted by a natural gas company as a stipulation to a Commission-approved settlement agreement or provision under the company’s tariff. Section 16 authorizes the Commission to prescribe the rules

and regulations necessary to administer its refund mandates. The Commission’s refund and reporting requirements are

set forth in 18 CFR 154.501 and 154.502.

The data collected allows the Commission to monitor the refunds owed by the natural gas companies and to ensure the passage of the refunds, with applicable interest, to the appropriate natural gas customers.

Action: The Commission is requesting a three-year extension of the current expiration date, with no changes to the existing collection of data.

Burden Statement: Public reporting burden for this information collection is estimated as:

No. of respondents annually No. of responses Average burden Total annual

per respondent (No. of hours per response) burden (total

No. of hours)

(1) (2) (3) (1) X(2) X(3)

60 1 75 4,500

Estimated cost to respondents: 4,500 hours/2,080 per year $122,137 = $264,238. The cost per respondent = $4,404 (rounded off). The reporting burden includes the total time, effort, or financial resources to generate, maintain, retain, disclose, or provide the information including: (1) Reviewing instructions; (2) developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, verifying, processing, maintaining, disclosing and providing information; (3) adjusting the existing ways to comply with any previously applicable instructions and requirements; (4) training personnel to respond to a collection of information; (5) searching data sources; (6) completing and reviewing the collection of information; and (7) transmitting, or otherwise disclosing the information.

The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to

providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities which benefit the whole organization rather than any one particular function or activity.

Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Magalie R. Salas,

Secretary.

[FR Doc. E7–3995 Filed 3–6–07; 8:45 am]

BILLING CODE 6717–01–P

1The "Cost per Staff Employee" estimate is based on the estimated annual allocated cost per Commission employee for Fiscal year 2007. The estimated $122,137 "cost" consists of approximately $98,876.52 in salaries and benefits and $23,261 in overhead.

20