FERC-538, Gas Pipeline Certificates: Section 7(a) Mandatory Initial Service

Forms and Documents

Document Name	Status
FERC-538 supporting statement 6.14.22 - Final.docx Supporting Statement A	2022-06-23
FERC-538 30-day notice -Final 6-14-2022 (Issued).docx Supplementary Document	2022-06-23
FERC-538 60-day notice 4-5-2022 (Issued).docx Supplementary Document	2022-06-23
FERC-538 30-day notice 6-22-22.pdf Supplementary Document	2022-06-23
FERC-538 60-day notice 4-12-2022.pdf Supplementary Document	2022-06-23
18 CFR 156.pdf Supplementary Document	2019-05-21
15 USC 717-717z.pdf Supplementary Document	2019-05-21

IC Document Collections

IC ID	Document Title	Status
22989	FERC-538, Gas Pipeline Certificates: Section 7(a) Mandatory Initial Service	Modified

ICR Details

OMB Control No: 1902-0061	ICR Reference No: 202206-1902-006
Status: Received in OIRA	Previous ICR Reference No: 201904-1902-003
Agency/Subagency: FERC	Agency Tracking No: FERC-538
Title: FERC-538, Gas Pipeline Certificates: Section 7(a) Mandatory Initial Service
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/24/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2022
Responses	1	1
Time Burden (Hours)	240	240
Cost Burden (Dollars)	0	0

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Abstract: Under the Natural Gas Act (NGA) (Public Law 75-688) (15 USC. 717-717w), upon application by a local distribution company or municipality, a natural gas pipeline company may be ordered by the Commission to extend or improve transportation facilities, to establish physical connections to serve, and sell natural gas to the applicant. As stated in Section 156 (18 CFR 156), filings pursuant to the provisions of Section 7(a) of the NGA are to contain all information necessary to advise the Commission fully concerning the service which the applicant has requested the Commission to direct the natural gas pipeline company to render. Included in the information to be provided as stated in 18 CFR 156.5 (1-16) are included (but not limited to): • A description of any improvement or extension of facilities which the natural gas pipeline company will be required to make in connection with the requested rendition of the service; • The applicant's present and proposed operations, construction, service, and sales, together with a description of any extension or improvement of facilities by the applicant which will be required in order to enable applicant to engage in the local distribution of natural gas. If the request is granted, the natural gas pipeline company must extend or improve transportation facilities and establish physical connection to serve the local distribution companies. The Commission uses the FERC-538 data to perform its regulatory functions. The Commission must determine whether the distributor applicant can economically construct and manage its facilities. A request is made by a person or municipality to have the Commission, by order, direct a natural gas company to extend or improve its transportation facilities, and sell natural gas to the municipality or person and, for such purpose, to extend its transportation facilities to communities immediately adjacent to such facilities or to territories served by the natural gas pipeline company. In addition, the Commission uses the flow data and market data to evaluate existing and future customer requirements on the system in order to determine if sufficient capacity will be available. Likewise, the Commission uses the cost of facilities and the rate data to evaluate the financial impact of the project to both the pipeline company and its customers. The information collection cannot be discontinued nor collected less frequently because of statutory requirements. The Commission is required to review applications concerning improvement or extensions of facilities and services for local distributors of natural gas. The consequences of not collecting this information are that the Commission would be unable to fulfill its statutory mandate under the NGA and its Rules of Practice and Procedure, and the distribution companies would be unable to request the Commission to direct pipelines to serve them.

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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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 21655	04/12/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 37324	06/22/2022
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-538, Gas Pipeline Certificates: Section 7(a) Mandatory Initial Service

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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	1	0	0	0	0
Annual Time Burden (Hours)	240	240	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: $172,899

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: 06/24/2022

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