FERC-549B 60-day notice issued 11 23 2021

UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
[Docket No. IC21-40-000]
COMMISSION INFORMATION COLLECTION ACTIVITIES (FERC-549B, FERC549D, FERC-556, and FERC-561);
COMMENT REQUEST; EXTENSION
(November 23, 2021)
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of information collections and request for comments.
SUMMARY: 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 currently approved information collections: FERC-549B (Gas
Pipeline Rates: Annual Capacity Reports and Index of Customers); FERC-549D
(Quarterly Transportation and Storage Report For Intrastate Natural Gas and Hinshaw
Pipelines); FERC-556 (Certification of Qualifying Facility (QF) Status for a Small Power
Production or Cogeneration Facility); FERC-561 (Annual Report of Interlocking
Directorates). The above four collections are a part of this combined notice only and are
not being combined into one OMB Control Number.
DATES: Comments on the collections of information are due [INSERT DATE 60 days
after date of publication in the Federal Register].
ADDRESSES: You may submit copies of your comments (identified by Docket No.
IC21-40-000) by one of the following methods:
Electronic filing through http://www.ferc.gov, is preferred.

Docket No. IC21-40-000

2

 Electronic Filing: Documents must be filed in acceptable native applications and
print-to-PDF, but not in scanned or picture format.
 For those unable to file electronically, comments may be filed by USPS mail or by
hand (including courier) delivery:
o Mail via U.S. Postal Service Only: Addressed to: Federal Energy
Regulatory Commission, Secretary of the Commission, 888 First Street,
N.E., Washington, DC 20426.
o Hand (including courier) delivery to: Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
Instructions: All submissions must be formatted and filed in accordance with submission
guidelines at: http://www.ferc.gov. For user assistance, contact FERC Online Support
by e-mail at [email protected], or by phone at (866) 208-3676 (toll-free).
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.
FOR FURTHER INFORMATION: Ellen Brown may be reached by e-mail at
[email protected], telephone at (202) 502-8663.
SUPPLEMENTARY INFORMATION:
1.

FERC-549B

Title: FERC-549B, Gas Pipeline Rates: Capacity Reports and Index of Customers
OMB Control No.: 1902-0169

Docket No. IC21-40-000

3

Type of Request: Three-year extension of the FERC-549B information collection
requirements with no changes to the current reporting requirements.
Abstract: As described below, FERC-549B is comprised of information collection
activities at 18 CFR 284.13(b), 284.13(c), 284.13(d)(1), and 284.13(d)(2). The purpose
of these information collection activities is to provide reliable information about capacity
availability and price that shippers need to make informed decisions in a competitive
market, and to enable shippers and the Commission to monitor marketplace behavior to
detect, and remedy anti-competitive behavior.
The regulations at 18 CFR 284.13(b) and 284.13(d)(1) require each interstate pipeline to
post information about firm and interruptible service on its internet web site, and in
downloadable file formats. The information required at 18 CFR 284.13(b) includes
identification of the shippers receiving service, and details about contracts for firm
service, capacity release transactions,1 and agreements for interruptible service. The
pipeline must maintain access to that information for a period not less than 90 days from
the date of posting. The regulation at 18 CFR 284.13(d)(1) requires equal and timely
access to information relevant to the availability of all transportation services whenever
capacity is scheduled. In addition, each interstate pipeline must provide information
about the volumes of no-notice transportation 2 provided. This information collection

1

As provided at 18 CFR 284.8, an interstate pipeline that offers transportation service on
a firm basis must include in its tariff a mechanism for firm shippers to release firm
capacity to the pipeline for resale.
2
No-notice transportation allows for the reservation of pipeline capacity on demand
without incurring any penalties.

Docket No. IC21-40-000

4

activity enables shippers to release transportation and storage capacity to other shippers
wanting to obtain capacity. The information results in reliable capacity information
availability and price data that shippers need to make informed decisions in a competitive
market and enables shippers and the Commission to monitor the market for potential
abuses.
The regulation at 18 CFR 284.13(c) requires each interstate pipeline to file with the
Commission an index of all its firm transportation and storage customers under contract
on the first business day of each calendar quarter. The index of customers also must be
posted on the pipeline’s own internet web site, in downloadable file formats, and must be
made available until the next quarterly index is posted. The requirements for the
electronic index can be obtained from the Federal Energy Regulatory Commission,
Division of Information Services, Public Reference and Files Maintenance Branch,
Washington, DC 20426.
The regulation at 18 CFR 284.13(d)(2) requires an annual peak-day capacity report of all
interstate pipelines, including natural gas storage-only companies. This report is
generally a short report showing the peak day design capacity or the actual peak day
capacity achieved, with a short explanation, if needed. The regulation provides that an
interstate pipeline must make an annual filing by March 1 of each year showing the
estimated peak day capacity of the pipeline's system, and the estimated storage capacity
and maximum daily delivery capability of storage facilities under reasonably
representative operating assumptions and the respective assignments of that capacity to
the various firm services provided by the pipeline.

Docket No. IC21-40-000

5

Types of Respondents: Respondents for this data collection are interstate pipelines and
storage facilities subject to FERC regulation under the Natural Gas Act.
Estimate of Annual Burden: The Commission estimates the annual public reporting
burden3 and cost4 for FERC-549B as shown in the following table:
FERC-549B (Gas Pipeline Rates: Capacity Reports and Index of Customers)
Total
Annual
Annual
Number of
Total
Average
Burden
Responses
Number
Burden
& Total Cost per
Number of
per
of
& Cost
Annual Respond
Responden Responden Responses
($) Per
Cost ($)
ent
ts
t
(1) *(2) = Response (3) *(4) =
($)
(1)
(2)
(3)
(4)
(5)
(5) ÷ (1)
Capacity
Reports under
284.13(b) &
284.13(d)(1)
Peak Day
Annual
Capacity
Report under
284.13(d)(2)
Index of
Customers
under
284.13(c)5

3

168

168

168

6

1

4

1,008

145 hrs.;
$12,615

146,160
hrs.;
$12,715,9
20

168

10 hrs.;
$870

1,680
hrs.;
$146,160

$870

3 hrs.;
$261

2,016
hrs.;
$175,392

$1,044

672

$75,690

For FERC-549B, FERC-549D, FERC-556, and FERC-561, “burden” is defined 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, refer to 5 CFR 1320.3.
4
For FERC-549B, the Commission staff believes that industry is similarly situated to the
Commission in terms of wages and benefits. Therefore, cost estimates are based on
FERC’s 2021 average annual wage (and benefits) for a full-time employee of $180,703
(or $87.00/hour).
5
The burden per response is based on burden expended on similar forms and other
similar FERC reporting requirements (e.g. capacity reports).

Docket No. IC21-40-000

6

TOTAL
2.

1,848

149,856
hrs.;
$13,037,4
7240

$77,604

FERC-549D

Title: FERC-549D, Quarterly Transportation and Storage Report for Intrastate Natural
Gas and Hinshaw Pipelines.
OMB Control No.: 1902-0253
Type of Request: Three-year extension of the FERC-549D information collection
requirements with no changes to the current reporting requirements.
Abstract: The reporting requirements under FERC-549D are required to carry out the
Commission's policies in accordance with the general authority in Section 1(c) of the
Natural Gas Act (NGA)6 and Section 311 of the Natural Gas Policy Act of 1978
(NGPA)7. This collection promotes transparency by making available intrastate and
Hinshaw pipeline transactional information. The Commission collects the data on a
standardized form with all requirements outlined in 18 CFR 284.126.
The FERC-549D collects the following information:
 Full legal name and identification number of the shipper receiving service,
including whether the pipeline and the shipper are affiliated;
 Type of service performed;
 The rate charged under each contract;
6
7

15 USC. 717(c).
15 USC. 3371.

Docket No. IC21-40-000

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 The primary receipt and delivery points for each contract;
 The quantity of natural gas the shipper is entitled to transport, store, or deliver for
each transaction;
 The duration of the contract, specifying the beginning and (for firm contracts only)
ending month and year of current agreement;
 Total volumes transported, stored, injected or withdrawn for the shipper; and
 Annual revenues received for each shipper, excluding revenues from storage
services.
Filers submit the Form-549D on a quarterly basis.
Type of Respondents: Intrastate natural gas pipelines under NGPA Section 311 authority
and Hinshaw pipelines.
Estimate of Annual Burden: The Commission estimates the annual public reporting
burden and cost8 for the information collection as follows:
FERC-549D: Quarterly Transportation and Storage Report for Intrastate Natural Gas
and Hinshaw Pipelines

8

For FERC-549D, the hourly wage figure is $92.92/hour (rounded). This cost represents
the average hourly cost (for wages plus benefits) of four career fields: 23-0000 Legal
($142.25/hour), 13-2011 Accountants ($57.41/hour), 13-1111 Management Analyst
($68.39/hour), and 11-3021 Computer and Information Sys. ($103.61/hour). These
June 2021 figures were compiled using Bureau of Labor Statistics data that were specific
to each occupational category: http://bls.gov/oes/current/naics2_22.htm.

Docket No. IC21-40-000

Average
Annual
Number of
Respondents
(1)
PDF filings
120

8

Average
Annual
Number of
Responses
per
Respondent
(2)
4

TOTAL

Average
Annual
Total
Number
of
Response
s (1) *(2)
= (3)
480
480

Total
Annual
Burden
Hours &
Average
Total
Burden
Annual
Hrs. &
Cost ($) Cost per
Cost ($)
(rounded Respond
Per
)
ent
Response (3) *(4) =
($)
(4)
(5)
(5) ÷ (1)
12.5 hrs. 6,000 hrs.
$4,646
$1,161.50 $557,520
6,000
hrs.;
$557,520

3. FERC-556
Title: FERC-556, Certification of Qualifying Facility (QF) Status for a Small Power
Production or Cogeneration Facility
OMB Control No.: 1902-0075
Type of Request: Three-year extension of the FERC-556 information collection
requirements with no changes to the current reporting requirements.
Abstract: Form No. 556 is required to implement sections 201 and 210 of the Public
Utility Regulatory Policies Act of 1978 9 (PURPA). FERC is authorized, under those
sections, to encourage cogeneration and small power production and to prescribe such
rules as necessary to carry out the statutory directives.

9

16 U.S.C. 796 and 824i.

Docket No. IC21-40-000

9

A primary statutory objective is efficient use of energy resources and facilities by electric
utilities. One means of achieving this goal is to encourage production of electric power
by cogeneration facilities which make use of reject heat associated with commercial or
industrial processes, and by small power production facilities which use other wastes and
renewable resources. PURPA encourages the development of small power production
facilities and cogeneration facilities that meet certain technical and corporate criteria
through establishment of various regulatory benefits. Facilities that meet these criteria
are called Qualifying Facilities (QFs).
FERC’s regulations in 18 CFR Part 292, as relevant here, specify: a) the certification
procedures which must be followed by owners or operators of small power production
and cogeneration facilities; b) the criteria which must be met; c) the information which
must be submitted to FERC in order to obtain qualifying status; and d) the PURPA
benefits which are available to QFs to encourage small power production and
cogeneration.
18 CFR Part 292 also exempts QFs from certain corporate, accounting, reporting, and
rate regulation requirements of the Federal Power Act, 10 certain state laws, and the Public
Utility Holding Company Act of 2005.11
Type of Respondents: Facilities that are self-certifying their status as a cogenerator or
small power producer or that are submitting an application for FERC certification of their
status as a cogenerator or small power producer.

10
11

16 U.S.C. 791a, et seq.
42 U.S.C. 16451 through 165463.

Docket No. IC21-40-000

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Estimate of Annual Burden: The Commission estimates the burden and cost for this
information collection as follows:
FERC-556: Certification of Qualifying Facility Status for a Small Power Production or
Cogeneration Facility
Averag
e
Numbe
Total
Burden Total Annual Cost per
r of
Number Hours
Burden
Respon
Numbe Respon
of
& Cost
Hours &
dent
r of
ses per Respons
Per
Total Annual
($)
Respon Respon
es
Respon
Cost
(rounde
Facility
dents
dent
(1)*(2)=
se12
(rounded)
d)
Type
Filing Type
(1)
(2)
(3)
(4)
(3)*(4)=(5)
(5)÷(1)
Cogenerati
3.54
Self515.14 hrs; $659.07
on Facility
68
2.14
145.52
hrs;
certification
$44,817.18
> 1 MW13
$307.98
Cogenerati Application
50 hrs;
3,090.52 hrs;
on Facility for FERC
28.89
2.14
61.81
$930.26
$4,350
$268,875.24
> 1 MW
certification
Small
Power
3.54
Self20,438.97 hrs;
Production
2,698
2.14 5,773.72
hrs;
$659.07
certification
$1,778,190.39
Facility > 1
$307.98
MW
Small
Power
Application
50 hrs;
0 hrs;
Production for FERC
0
2.14
0
$0
$4,350
$0
Facility > 1 certification
MW

12

The Commission staff believes that industry is similarly situated in terms of wages and
benefits. Therefore, cost estimates are based on FERC’s 2021 average annual wage (and
benefits) for a full-time employee of $180,703 (or $87.00/hour).
13
MW = megawatt.

Docket No. IC21-40-000
Cogenerati
on and
Small
Power
SelfProduction
certification
Facility ≤ 1
MW (SelfCertificatio
n)14
TOTAL

11

697

2.14 1,491.58

3,469

7,423.66

3.54
hrs;
$307.98

2,237.37 hrs;
$194,651.19

$279.27

26,282 hrs;
$2,286,534

4. FERC-561
Title: FERC-561, Interlocking Directorates
OMB Control No.: 1902-0099
Abstract: The FERC Form 561 responds to the Federal Power Act (FPA) requirements
for annual reporting of similar types of positions which public utility officers and
directors hold with financial institutions, insurance companies, utility equipment and fuel
providers, and with any of an electric utility’s 20 largest purchasers of electric energy
(i.e., the 20 entities with high expenditures of electricity). The FPA specifically defines
most of the information elements in the Form 561 including the information that must be
filed, the required filers, the directive to make the information available to the public, and
the filing deadline.

14

The regulation at 18 CFR 292.203(d) exempts small power production facilities and
cogeneration facilities from self-certification if they have a net power production capacity
of 1 MW or less. However, we are disclosing burdens for these filings because some
facilities seek status as qualifying facilities regardless of their capacity.

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The Commission uses the information required by 18 CFR 131.31 and collected by the
Form 561 to implement the FPA requirement that those who are authorized to hold
interlocked directorates annually disclose all the interlocked positions held within the
prior year. The Form 561 data identifies persons holding interlocking positions between
public utilities and other entities, allows the Commission to review these interlocking
positions, and allows identification of possible conflicts of interest.
Type of Respondents: Each officer or director of a public utility also holding the position
of officer, director, partner, appointee, or representative of any other entity listed in
section 305(c)(2) of the FPA (including but not limited to organizations primarily
engaged in the business of providing financial services or credit, insurance companies,
security underwriters, electrical equipment suppliers, fuel provider, and any entity which
is controlled by one or more of these entities).
Estimate of Annual Burden: The Commission estimates the total annual burden and
cost15 for this information collection as follows:
FERC Form 561, Annual Report of Interlocking Directorates
Annual
Number of
Total
Average
Total Annual
Responses Number of Burden & Burden Hours
Cost per
Number of
per
Responses Cost Per
& Total
Respondent
Respondents Respondent (1) *(2) = Response
Annual Cost
($)
(1)
(2)
(3)
(4)
(3) *(4) = (5)
(5) ÷ (1)
15

Commission staff estimates that the industry’s skill set and cost (for wages and
benefits) for FERC-561 are approximately the same as the Commission’s average cost.
The FERC 2021 average salary plus benefits for one FERC full-time equivalent (FTE) is
$180,703/year (or $87.00/hour).

Docket No. IC21-40-000
2,700

13
1

2,700

0.25 hrs.;
$21.75

675 hrs.;
$58,725

$21.75

Comments are invited on FERC-549B, FERC-549D, FERC-556, and/or FERC-561,
regarding: (1) whether each 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 and cost of
each collection of information, including the validity of the methodology and
assumptions used; (3) ways to enhance the quality, utility and clarity of each information
collection; and (4) ways to minimize the burden of each
collection of information on those who are to respond, including the use of automated
collection techniques or other forms of information technology.

Kimberly D. Bose,
Secretary.