FERC-592, "Standards of Conduct for Transmission Providers; and Marketing Affiliates of Interstate Pipelines"

Forms and Documents

Document Name	Status
SUPP STATEMENT FERC-592 12-2-09.doc Supporting Statement A	2009-12-10
FERC-592 Attachment Aready.doc Supplementary Document	2009-12-03
FR11_10_09EmergencyRequest.pdf Supplementary Document	2009-12-02
592 60day FR9_30_09.pdf Supplementary Document	2009-12-02
form-592 log format.pdf Supplementary Document	2009-12-02
Part 358 Reg text 250 16- 2009.doc Supplementary Document	2009-12-02

IC Document Collections

IC ID	Document Title	Status
23167	FERC-592, "Standards of Conduct for Transmission Providers; and Marketing Affiliates of Interstate Pipelines"	Modified

ICR Details

OMB Control No: 1902-0157	ICR Reference No: 200912-1902-002
Status: Historical Active	Previous ICR Reference No: 200812-1902-002
Agency/Subagency: FERC	Agency Tracking No: FERC-592
Title: FERC-592, "Standards of Conduct for Transmission Providers; and Marketing Affiliates of Interstate Pipelines"
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/02/2010
	Date Received in OIRA: 12/24/2009
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for 3 years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2013	36 Months From Approved	03/31/2010
Responses	85	0	85
Time Burden (Hours)	9,913	0	9,913
Cost Burden (Dollars)	611,446	0	0

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Abstract: FERC-592 is a FERC data collection that includes requirements at: a)18 CFR 250.16, the FERC-592 log/format at http://www.ferc.gov/docs-filing/forms.asp#592, and b)18 CFR Part 358 (Standards of Conduct). FERC has the regulatory responsibility under section 4 of the Natural Gas Act to ensure that pipeline rates and terms and conditions of service are just and reasonable and not unduly discriminatory. Just and reasonable rates and services are needed to achieve two principal objectives. They should promote competitive and efficient markets, while mitigating market power and preventing undue discrimination, especially for FERC's "prime constituency, captive customers vulnerable to pipelines' market power." In short, FERC's regulatory policy must seek to reconcile the objectives of fostering an efficient market that provides good alternatives to as many shippers as possible while at the same time creating a regulatory framework that is fair and protects captive customers without good alternatives. In 1987 when the gas pipeline standards of conduct were issued in Order No. 497, the natural gas industry had witnessed a rapid growth of marketing affiliates and FERC was concerned that pipelines were giving their marketing affiliates preferential treatment. As a result, FERC issued certain rules intended to prevent interstate natural gas pipelines from providing preferential treatment to their marketing or brokering affiliates. The Standards of Conduct provided, in general, that pipelines and their marketing affiliates must function independently of each other. FERC reserved the right to impose structural remedies, such as divorcement or divestiture, in specific cases where the circumstances demonstrate they are required. Transmission Providers continue to have economic incentives to show undue preference toward their marketing affiliates. On 9/23/2009, the FERC issued a 60-day notice; (74FR50176, 9/30/2009) requesting public comment. On 11/3/2009, FERC also issued a “Request For Comment On And Emergency Short-Term Clearance Extension Of OMB Approval For FERC-592”; (74FR58010, 11/10/2009). No comments were received by FERC on either Notice. Please note there is no change in burden. However the related industry cost estimate is being included in ROCIS. Previously, it was shown as $0 in ROCIS but was included in the supporting statement.

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Authorizing Statute(s): US Code: 15 USC 717-717w 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:
	Not associated with rulemaking	73 FR 63796	10/27/2008

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 50176	09/30/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 65527	12/10/2009
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
FERC-592, "Standards of Conduct for Transmission Providers; and Marketing Affiliates of Interstate Pipelines"

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ICR Summary of Burden

	Total Approved	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	85	85	0	0	0	0
Annual Time Burden (Hours)	9,913	9,913	0	0	0	0
Annual Cost Burden (Dollars)	611,446	0	0	0	611,446	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $129,777

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

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

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

Is this ICR related to the Pandemic Response? Uncollected

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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: 12/10/2009

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