FERC-549 60-day notice

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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices
with your submission. New eFiling
users must first create an account by
clicking on ‘‘eRegister.’’ You must select
the type of filing you are making. If you
are filing a comment on a particular
project, please select ‘‘Comment on a
Filing’’; or
(3) You can file a paper copy of your
comments by mailing them to the
following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Room
1A, Washington, DC 20426.
Any person seeking to become a party
to the proceeding must file a motion to
intervene pursuant to Rule 214 of the
Commission’s Rules of Practice and
Procedures (18 CFR 385.214).1 Only
intervenors have the right to seek
rehearing of the Commission’s decision.
The Commission grants affected
landowners and others with
environmental concerns intervenor
status upon showing good cause by
stating that they have a clear and direct
interest in this proceeding which no
other party can adequately represent.
Simply filing environmental comments
will not give you intervenor status, but
you do not need intervenor status to
have your comments considered.
Additional information about the
project is available from the
Commission’s Office of External Affairs,
at (866) 208–FERC, or on the FERC Web
site (www.ferc.gov) using the eLibrary
link. Click on the eLibrary link, click on
‘‘General Search,’’ and enter the docket
number excluding the last three digits in
the Docket Number field (i.e., CP15–
549). Be sure you have selected an
appropriate date range. For assistance,
please contact FERC Online Support at
[email protected] or toll free
at (866) 208–3676, or for TTY, contact
(202) 502–8659. The eLibrary link also
provides access to the texts of formal
documents issued by the Commission,
such as orders, notices, and
rulemakings.
In addition, the Commission offers a
free service called eSubscription which
allows you to keep track of all formal
issuances and submittals in specific
dockets. This can reduce the amount of
time you spend researching proceedings
by automatically providing you with
notification of these filings, document
summaries, and direct links to the
documents. Go to www.ferc.gov/docsfiling/esubscription.asp.
1 See the previous discussion on the methods for
filing comments.

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Dated: May 19, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016–12413 Filed 5–25–16; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC16–10–000]

Commission Information Collection
Activities (FERC Form 80, FERC–550,
and FERC–549); Consolidated
Comment Request; Extension
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of information
collections and request for comments.
AGENCY:

In compliance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Energy Regulatory Commission
(Commission or FERC) is soliciting
public comment on the requirements
and burden 1 of the information
collections described below.
DATES: Comments on the collections of
information are due July 25, 2016.
ADDRESSES: You may submit comments
(identified by Docket No. IC16–10–000)
by either of the following methods:
• eFiling at Commission’s Web site:
http://www.ferc.gov/docs-filing/
efiling.asp.
• Mail/Hand Delivery/Courier:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
Please reference the specific collection
number and/or title in your comments.
Instructions: All submissions must be
formatted and filed in accordance with
submission guidelines at: http://
www.ferc.gov/help/submissionguide.asp. For user assistance contact
FERC Online Support by email at
[email protected], or by phone
at: (866) 208–3676 (toll-free), or (202)
502–8659 for TTY.
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at http://www.ferc.gov/docsfiling/docs-filing.asp.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
SUMMARY:

1 The Commission defines burden as the total
time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For
further explanation of what is included in the
information collection burden, reference 5 Code of
Federal Regulations 1320.3.

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at [email protected], telephone
at (202) 502–8663, and fax at (202) 273–
0873.
SUPPLEMENTARY INFORMATION:
Type of Request: Three-year extension
of the information collection
requirements for all collections
described below with no changes to the
current reporting requirements. Please
note that each collection is distinct from
the next.
Comments: Comments are invited on:
(1) Whether the collections of
information are 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
estimates of the burden and cost of the
collections of information, including the
validity of the methodology and
assumptions used; (3) ways to enhance
the quality, utility and clarity of the
information collections; and (4) ways to
minimize the burden of the collections
of information on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
FERC Form 80, [Licensed Hydropower
Development Recreation Report]
OMB Control No.: 1902–0106.
Abstract: FERC uses the information
on the FERC Form 80 (also known as
‘‘FERC–80,’’) to implement the statutory
provisions of sections 4(a), 10(a), 301(a),
304 and 309 of the Federal Power Act
(FPA), 16 U.S.C. 797, 803, 825c & 8254.
FERC’s authority to collect this
information comes from section 10(a) of
the FPA which requires the Commission
to be responsible for ensuring that hydro
projects subject to FERC jurisdiction are
consistent with the comprehensive
development of the nation’s waterway
for recreation and other beneficial
public uses. In the interest of fulfilling
these objectives, FERC expects licensees
subject to its jurisdiction to recognize
the resources that are affected by their
activities and to play a role in protecting
such resources.
FERC Form 80 is a report on the use
and development of recreational
facilities at hydropower projects
licensed by the Commission.
Applications for amendments to
licenses and/or changes in land rights
frequently involve changes in resources
available for recreation. FERC utilizes
the FERC Form 80 data when analyzing
the adequacy of existing public
recreational facilities and when
processing and reviewing proposed
amendments to help determine the
impact of such changes. In addition,
FERC staff uses the FERC Form 80 data
when conducting inspections of

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licensed projects and in evaluating
compliance with various license
conditions and in identifying
recreational facilities at hydropower
projects.
The data which FERC Form 80
requires are specified by Title 18 of the
Code of Federal Regulations (CFR)
under 18 CFR 8.11 and 141.14 (and are
discussed at http://www.ferc.gov/docsfiling/forms.asp#80).
FERC collects the FERC Form 80 once
every six years. The last collection was

due on April 1, 2015, for data compiled
during the 2014 calendar year. The next
collection of the FERC Form 80 is due
on April 1, 2021, with subsequent
collections due every sixth year, for data
compiled during the previous calendar
year.
The Commission updated the format
for the general instructions section of
the form for improved readability.
Specifically, FERC split a long
paragraph into several smaller
paragraphs.

FERC has attached to this notice the
proposed format change to the general
information section. FERC made no
changes to the remainder of the
instructions, form, and glossary and did
not attach those to this notice.
Type of Respondent: Hydropower
project licensees.
Estimate of Annual Burden: The
Commission estimates the annual public
reporting burden for the information
collection as:

FERC FORM 80: LICENSED HYDROPOWER DEVELOPMENT RECREATION REPORT
Number of respondents

Annual
number of
responses per
respondent

Total number
of responses

Average burden & cost per
response 2

Total annual burden hours & total
annual cost

Cost per
respondent
($)

(1)

(2)

(1)*(2)=(3)

(4)

(3)*(4)=(5)

(5)÷(1)

3 hrs.; $224 4 ......................

201 hrs.; $14,974.50 .........................

400 ...............................

67 3

0.167

FERC–550, [Oil Pipelines Rates—Tariffs
Filings]
OMB Control No.: 1902–0089.
Abstract: FERC–550 is required to
implement the sections of the Interstate
Commerce Act (ICA) (49 U.S.C. 1, et
seq., 49 App. U.S.C. 1–85). The
Commission’s regulatory jurisdiction
over oil pipelines includes:
• Regulation of rates and practices of
oil pipeline companies engaged in
interstate transportation;

• establishment of equal service
conditions to provide shippers with
equal access to pipeline transportation;
• establishment of reasonable rates
for transporting petroleum and
petroleum products by pipeline.
The filing requirements for oil pipeline
tariffs and rates 5 put in place by the
FERC–550 data collection provide the
Commission with the information it
needs to analyze proposed tariffs, rates,
fares, and charges of oil pipelines and

$37.44

other carriers in connection with the
transportation of crude oil and
petroleum products. The Commission
uses this information to determine
whether the proposed tariffs and rates
are just and reasonable.
Type of Respondent: Oil Pipelines.
Estimate of Annual Burden: The
Commission estimates the annual public
reporting burden 6 and cost 7 for the
FERC–550 information collection as
follows:

FERC–550: OIL PIPELINES RATES—TARIFFS FILINGS

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FERC–550 .....

Number of
respondents

Annual
number of
responses per
respondent

Total number
of responses

Average burden & cost per
response 8

Total annual burden hours
& total annual cost

Cost per
respondent
($)

(1)

(2)

(1)*(2)=(3)

(4)

(3)*(4)=(5)

(5)÷(1)

7.815 hrs.; $582.22 ............

5,978 hrs.; $445,396 ..........

208

3.68

765

FERC–549, [NGPA Title III
Transactions and NGA Blanket
Certificate Transaction]

implementing these provisions are
contained in 18 CFR part 284.

OMB Control No.: 1902–0089.
Abstract: FERC–549 is required to
implement the statutory provisions
governed by Sections 311 and 312 of the
Natural Gas Policy Act (NGPA) (15
U.S.C. 3371–3372) and Section 7 of the
Natural Gas Act (NGA) (15 U.S.C. 717f).
The reporting requirements for

In 18 CFR 284.102(e) the Commission
requires interstate pipelines to obtain
proper certification in order to ship
natural gas on behalf of intrastate
pipelines and local distribution
companies (LDC). This certification
consists of a letter from the intrastate
pipeline or LDC authorizing the

Transportation by Interstate Pipelines

2 The estimates for cost per response are derived
using the 2016 FERC average salary plus benefits of
$154,647/year (or $74.50/hour). Commission staff
finds that the work done for this information
collection is typically done by wage categories
similar to those at FERC.
3 This figure is rounded from 66.8.
4 This figure is rounded from $223.50.

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5 18

CFR parts 341–348.
one-time burden imposed by Order 780
(issued May 16, 2013, in Docket No. RM12–15–000;
78 FR 32090, 5/29/2013) has been completed and
is not included.
7 The cost is based on FERC’s 2016 average cost
(salary plus benefits) of $74.50/hour. The
Commission staff believes that the industry’s level
and skill set is comparable to FERC.
6 The

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$2,141.33

interstate pipeline to ship gas on its
behalf. In addition, interstate pipelines
must obtain from its shippers
certifications including sufficient
information to verify that their services
qualify under this section.
Rates and Charges for Intrastate
Pipelines
18 CFR 284.123(b) provides that
intrastate gas pipeline companies file for
Commission approval of rates for
8 The estimates for cost per response are derived
using the FERC 2016 average salary plus benefits of
$154,647/year (or $74.50/hour). Commission staff
finds that the work done for this information
collection is typically done by wage categories
similar to those at FERC.

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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices
services performed in the interstate
transportation of gas. An intrastate gas
pipeline company may elect to use rates
contained in one of its then effective
transportation rate schedules on file
with an appropriate state regulatory
agency for intrastate service comparable
to the interstate service or file proposed
rates and supporting information
showing the rates are cost based and are
fair and equitable. It is the Commission
policy that each pipeline must file at
least every five years to ensure its rates
are fair and equitable. Depending on the
business process used, either 60 or 150
days after the application is filed, the
rate is deemed to be fair and equitable
unless the Commission either extends
the time for action, institutes a
proceeding or issues an order providing
for rates it deems to be fair and
equitable.
18 CFR 284.123(e) requires that
within 30 days of commencement of
new service any intrastate pipeline
engaging in the transportation of gas in
interstate commerce must file a
statement that includes the interstate
rates and a description of how the
pipeline will engage in the
transportation services, including
operating conditions. If an intrastate gas
pipeline company changes its
operations or rates it must amend the
statement on file with the Commission.
Such amendment is to be filed not later
than 30 days after commencement of the
change in operations or change in rate
election.

Code of Conduct
The Commission’s regulations at 18
CFR 284.288 and 284.403 provide that
applicable sellers of natural gas adhere
to a code of conduct when making gas
sales in order to protect the integrity of
the market. As part of this code, the
Commission imposes a record retention
requirement on applicable sellers to
‘‘retain, for a period of five years, all
data and information upon which it
billed the prices it charged for natural
gas it sold pursuant to its market based
sales certificate or the prices it reported
for use in price indices.’’ FERC uses
these records to monitor the
jurisdictional transportation activities
and unbundled sales activities of
interstate natural gas pipelines and
blanket marketing certificate holders.
The record retention period of five
years is necessary due to the importance
of records related to any investigation of
possible wrongdoing and related to
assuring compliance with the codes of
conduct and the integrity of the market.
The requirement is necessary to ensure
consistency with the rule prohibiting
market manipulation (regulations
adopted in Order No. 670,
implementing the EPAct 2005 antimanipulation provisions) and the
generally applicable five-year statute of
limitations where the Commission seeks
civil penalties for violations of the antimanipulation rules or other rules,
regulations, or orders to which the price
data may be relevant.

Failure to have this information
available would mean the Commission
is unable to perform its regulatory
functions and to monitor and evaluate
transactions and operations of interstate
pipelines and blanket marketing
certificate holders.
Market-Based Rates for Storage
In 2006 the Commission amended its
regulations to establish criteria for
obtaining market-based rates for storage
services offered under 18 CFR 284.501–
505. First, the Commission modified its
market-power analysis to better reflect
the competitive alternatives to storage.
Second, pursuant to the Energy Policy
Act of 2005, the Commission
promulgated rules to implement section
4(f) of the Natural Gas Act, to permit
underground natural gas storage service
providers that are unable to show that
they lack market power to negotiate
market-based rates in circumstances
where 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 where customers
are adequately protected. These
revisions are intended to facilitate the
development of new natural gas storage
capacity while protecting customers.
Type of Respondent: Gas pipelines.
Estimate of Annual Burden: The
Commission estimates the annual public
reporting burden for the information
collection as:

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FERC–549: NGPA TITLE III TRANSACTIONS AND NGA BLANKET CERTIFICATE TRANSACTION

Transportation by Interstate
Pipelines 9 ...........................
Rates and Charges for Intrastate Pipelines 11 ................
Code of Conduct (recordkeeping) 13 ..........................
Market-Based Rates 14 ..........
TOTAL ............................

Number of
respondents

Annual
number of
responses per
respondent

Total number
of responses

Average burden &
cost per response

Total annual burden
hours & total annual
cost

Cost per
respondent
($)

(1)

(2)

(1)*(2)=(3)

(4)

(3)*(4)=(5)

(5)÷(1)

75

2

150

3 hrs.; 10 $386.82

450 hrs.; $58,023

$773.64

50

1

50

50 hrs.; $5,084.5 12

2,500 hrs.; $254,225

$5,084.50

222
4

1
1

222
4

1 hr.; $128.94 10
350 hrs.; $45,129 10

222 hrs.; $28,624.68
1,400 hrs.; $180,516

$128.94
$45,129

....................

........................

426

....................................

4,572 hrs.; $521,388.68

....................

9 18

CFR 284.102(e).
average hourly cost (salary plus benefits)
is $128.94. The BLS wage category code is 23–0000.
This figure is also taken from the Bureau of Labor
Statistics, May 2015 figures at http://www.bls.gov/
oes/current/naics2_22.htm.
11 284.123(b), (e).
10 The

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12 The estimates for cost per response are derived
using the following formula:
Average Burden Hours per Response * $101.69
per Hour = Average Cost per Response. The hourly
average of $101.69 assumes equal time is spent by
an economist and lawyer. The average hourly cost
(salary plus benefits) is: $74.43 for economists

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(occupation code 19–3011) and $128.94 for lawyers
(occupation code 23–0000). (The figures are taken
from the Bureau of Labor Statistics, May 2015
figures at http://www.bls.gov/oes/current/naics2_
22.htm).
13 18 CFR 284.288, 403.
14 18 CFR 284.501–505.

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Dated: May 20, 2016.
Kimberly D. Bose,
Secretary.

SUPPLEMENTARY INFORMATION:

[FR Doc. 2016–12411 Filed 5–25–16; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. PL15–3–000]

Policy Statement
Federal Energy Regulatory
Commission, DOE.
ACTION: Policy Statement.
AGENCY:

The Commission adopts the
following policies regarding future
implementation of hold harmless
commitments offered by applicants as
ratepayer protection mechanisms to
mitigate adverse effects on rates that
may result from transactions subject to
section 203 of the Federal Power Act
(FPA). First, the Commission clarifies
the scope and definition of the costs that
should be subject to hold harmless
commitments. Second, the Commission
adopts the proposal that applicants
offering hold harmless commitments
should implement controls and
procedures to track the costs from
which customers will be held harmless.
The Commission identifies the types of
controls and procedures that applicants
offering hold harmless commitments
should implement. Third, the
Commission declines to adopt its
proposal to no longer accept hold
harmless commitments that are limited
in duration. Fourth, the Commission
clarifies that, in connection with certain
types of FPA section 203 transactions,
an applicant may be able to demonstrate
that the transaction will not have an
adverse effect on rates without the need
to make any hold harmless
commitment.
DATES: This policy statement will
become effective August 24, 2016.
FOR FURTHER INFORMATION CONTACT:
Eric Olesh (Technical Information),
Office of Energy Market Regulation,
888 First Street NE., Washington, DC
20426, (202) 502–6524, eric.olesh@
ferc.gov.
Noah Monick (Legal Information), Office
of the General Counsel, 888 First
Street NE., Washington, DC 20426,
(202) 502–8299, noah.monick@
ferc.gov.
Olga Anguelova (Accounting
Information), Office of Enforcement,
888 First Street NE., Washington, DC
20426, (202) 502–8098,
[email protected].

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SUMMARY:

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Policy Statement
1. The Commission issues this Policy
Statement to provide guidance regarding
future implementation of hold harmless
commitments offered by applicants as
ratepayer protection mechanisms to
mitigate adverse effects on rates that
may result from transactions that are
subject to section 203 of the Federal
Power Act (FPA).1
2. On January 22, 2015, the
Commission proposed guidance in four
areas pertaining to hold harmless
commitments: (1) The scope and
definition of the costs that should be
subject to hold harmless commitments;
(2) controls and procedures to track the
costs from which customers will be held
harmless; (3) whether to no longer
accept hold harmless commitments that
are limited in duration; and (4)
clarification that, in certain cases, an
applicant may be able to demonstrate
that a proposed transaction will not
have an adverse effect on rates without
the need to make any hold harmless
commitment or offer any other form of
ratepayer protection mechanism.2 We
adopt, clarify, and withdraw, in part,
the proposals in the Proposed Policy
Statement as explained in further detail
below.
3. First, we adopt, as general
guidance, the lists of transaction-related
costs and transition costs that should be
subject to any hold harmless
commitment, as proposed in the
Proposed Policy Statement, and provide
additional clarifications regarding
transition costs, capital costs, labor
costs, and the costs of transactions that
are not consummated. Second, we
adopt, in part, the proposal regarding
establishing controls and procedures for
transaction-related costs subject to any
hold harmless commitment. Third, we
withdraw our proposal to no longer
accept hold harmless commitments that
are limited in duration and clarify that
we will continue to accept hold
harmless commitments that are time
limited to support a Commission
finding that a proposed transaction will
have no adverse effect on rates. Fourth,
we clarify that consistent with the
Merger Policy Statement, a hold
harmless commitment is one of several
forms of ratepayer protection that an
applicant can offer to address any
potential adverse effect on rates, and
that hold harmless commitments may be
unnecessary for some categories of
1 16

U.S.C. 824b (2012).
Statement on Hold Harmless
Commitments, Proposed Policy Statement, 80 FR
4231 (Jan. 27 2015), 150 FERC ¶ 61,031 (2015)
(Proposed Policy Statement).
2 Policy

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transactions if an applicant can
otherwise demonstrate that a proposed
transaction will have no adverse effect
on rates.
I. Background
A. The Commission’s Analysis of
Proposed Transactions Under FPA
Section 203
4. FPA section 203(a)(4) requires the
Commission to approve proposed
dispositions, consolidations,
acquisitions, or changes in control if it
determines that the proposed
transaction will be consistent with the
public interest.3 The Commission’s
analysis of whether a transaction will be
consistent with the public interest
generally involves consideration of
three factors: (1) The effect on
competition; (2) the effect on rates; and
(3) the effect on regulation.4 Before
granting authorization, FPA section
203(a)(4) also requires the Commission
to find that the transaction ‘‘will not
result in cross-subsidization of a nonutility associate company or the pledge
or encumbrance of utility assets for the
benefit of an associate company, unless
the Commission determines that the
cross-subsidization, pledge, or
encumbrance will be consistent with the
public interest.’’ 5
5. The Proposed Policy Statement
focused on the second prong of the
Commission’s FPA section 203 analysis,
specifically, the effect of a proposed
transaction on rates. As explained in the
Proposed Policy Statement, the
Commission has stated that, when
considering a proposed transaction’s
effect on rates, the Commission’s focus
‘‘is on the effect that a proposed
transaction itself will have on rates,
whether that effect is adverse, and
3 16

U.S.C. 824b(a)(4) (2012).
Inquiry Concerning the Commission’s
Merger Policy Under the Federal Power Act: Policy
Statement, Order No. 592, 61 FR 68595 (Dec. 30,
1996), FERC Stats. & Regs. ¶ 31,044, at 30,111
(1996) (Merger Policy Statement), reconsideration
denied, Order No. 592–A, 79 FERC ¶ 61,321 (1997).
See also FPA Section 203 Supplemental Policy
Statement, 72 FR 42277 (Aug. 2, 2007), FERC Stats.
& Regs. ¶ 31,253 (2007). See also Revised Filing
Requirements Under Part 33 of the Commission’s
Regulations, Order No. 642, 65 FR 70983 (Nov. 28,
2000), FERC Stats. & Regs. ¶ 31,111 (2000), order on
reh’g, Order No. 642–A, 94 FERC ¶ 61,289 (2001).
See also Transactions Subject to FPA Section 203,
Order No. 669, 71 FR 1348 (Jan. 6, 2006), FERC
Stats. & Regs. ¶ 31,200 (2005), order on reh’g, Order
No. 669–A, 71 FR 28422 (May 16, 2006), FERC
Stats. & Regs. ¶ 31,214, order on reh’g, Order No.
669–B, 71 FR 42579 (July 27, 2006), FERC Stats. &
Regs. ¶ 31,225 (2006).
5 16 U.S.C. 824b(a)(4). The Commission’s
regulations establish verification and information
requirements for applicants that seek a
determination that a transaction will not result in
inappropriate cross-subsidization or a pledge or
encumbrance of utility assets. See 18 CFR 33.2(j).
4 See

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