[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Notices]
[Pages 7651-7653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02738]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC14-6-000]
Commission Information Collection Activities (FERC-600); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of information collection and request for comments.
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SUMMARY: In compliance with the requirements of section 3506(c)(2)(A)
of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A) (2006),
(Pub. L. 104-13), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the currently approved
information collection, FERC-600 (Rules of Practice and Procedure:
Complaint Procedures).
DATES: Comments on the collection of information are due April 11,
2014.
ADDRESSES: You may submit comments (identified by Docket No. IC14-6-
000) by either of the following methods:
eFiling at the 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.
Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.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/docs-filing/docs-filing.asp.
[[Page 7652]]
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at (202) 502-8663, and fax at (202)
273-0873.
SUPPLEMENTARY INFORMATION:
Title: FERC-600, Rules of Practice and Procedure: Complaint
Procedures.
OMB Control No.: 1902-0180.
Type of Request: Three-year extension of the FERC-600 information
collection requirements with no changes to the current reporting
requirements.
Abstract: The information is used by the Commission to implement
the statutory provisions of the Federal Power Act (FPA), 16 U.S.C.
791a-825r; the Natural Gas Act (NGA), 15 U.S.C. 717-717w; the Natural
Gas Policy Act (NGPA), 15 U.S.C. 3301-3432; the Public Utility
Regulatory Policies Act of 1978 (PURPA), 16 U.S.C. 2601-2645; the
Interstate Commerce Act (ICA), 49 U.S.C. App. 1 et. seq.; the Outer
Continental Shelf Lands Act, 43 U.S.C. 1301-1356; and the Energy Policy
Act of 2005, (Pub. L. 109-58) 119 Stat. 594.
For the natural gas industry, section 14(a) of the NGA \1\ provides
that the Commission may permit any person to file with it a statement
in writing, under oath or otherwise, as it shall determine, as to any
or all facts and circumstances concerning a matter which may be the
subject of an investigation.
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\1\ 15 U.S.C. 717m; accord 15 U.S.C. 717d.
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For public utilities, section 307(a) of the FPA \2\ provides that
the Commission may permit any person to file with it a statement in
writing, under oath or otherwise, as it shall determine, as to any or
all facts and circumstances concerning a matter which may be the
subject of an investigation.
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\2\ 16 U.S.C. 825f(a); accord 16 U.S.C. 824e.
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Section 215(d)(5) of the FPA \3\ provides that the Commission, upon
its own motion or upon complaint, may order the Electric Reliability
Organization to submit to the Commission a proposed reliability
standard or a modification to a reliability standard that addresses a
specific matter if the Commission considers such a new or modified
reliability standard appropriate to carry out this section.
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\3\ 16 U.S.C. 824o(d)(5).
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For hydropower projects, section 19 of the FPA \4\ provides that,
as a condition of a license, jurisdiction is conferred upon the
Commission, upon complaint of any person aggrieved or upon its own
initiative, to exercise such regulation and control over services,
rates, and charges until such time as the State shall have provided a
commission or other authority for such regulation and control.
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\4\ 16 U.S.C. 812.
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For qualifying facilities, section 210(h)(2)(B) of PURPA \5\
provides that any electric utility, qualifying cogenerator, or
qualifying small power producer may petition the Commission to enforce
the requirements of the Commission's PURPA regulations.
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\5\ 16 U.S.C. 824a-3(h)(2)(B).
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For oil pipelines, in Part 1 of the Interstate Commerce Act,
sections 1, 6 and 15 (recodified by Pub. L. 95-473 and found as an
appendix to Title 49 U.S.C.),\6\ the Commission is authorized to
investigate the rates charged by oil pipeline companies subject to its
jurisdiction. If an oil rate has been filed and allowed by the
Commission to go into effect without suspension and hearing, the
Commission can investigate the effective rate on its own motion or by
complaint filed with the Commission. Section 13 of the ICA \7\ provides
that any person can file a complaint complaining of anything done or
omitted to be done by an oil pipeline.
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\6\ 49 App. U.S.C. 1 et seq (1988).
\7\ Id. 13.
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In Order No. 602,\8\ the Commission revised its regulations
governing complaints filed with the Commission under the above
statutes. Order No. 602 was designed to encourage and support
consensual resolution of complaints, and to organize the complaint
procedures so that all complaints are handled in a timely and fair
manner. In order to achieve this result, the Commission revised Rule
206 of its Rules of Practice and Procedure (18 CFR 385.206) to require
that a complaint satisfy certain informational requirements, to require
that answers be filed in a shorter, 20-day time frame, and to provide
that parties may employ various types of alternative dispute resolution
procedures to resolve their disputes.
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\8\ 64 FR 17087 (April 8, 1999).
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The data in complaints filed by interested/affected parties
regarding jurisdictional oil, natural gas, electric and hydropower
operations, facilities, and services are used by the Commission in
establishing a basis to make an initial determination regarding the
merits of the complaint and whether or not to undertake further
investigation. Investigations may range from whether there is undue
discrimination in rates or services to questions regarding market power
of regulated entities to environmental concerns. In order to make an
informed determination, it is important to know the specifics
underlying any oil, gas, electric, and hydropower complaint ``up-
front'' in a timely manner and in sufficient detail to allow the
Commission to act swiftly. In addition, such complaint data helps the
Commission and interested parties to monitor, e.g., the market for
undue discrimination or exercises of market power. The information is
voluntary but submitted pursuant to prescribed filing requirements. The
Commission implements these filing requirements in the Code of Federal
Regulations (CFR) under 18 CFR Parts 343 and 385.
Type of Respondents: Interested/affected parties regarding oil,
natural gas, electric and hydropower operations, facilities, and
services.
Estimate of Annual Burden: \9\ The estimated annual burden and cost
follow.
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\9\ The Commission defines ``burden'' as the total time, effort,
or financial resources expended by persons to generate, maintain,
retain, 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 Code of Federal Regulations 1320.3.
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Total annual
Number of Annual number Total number Average burden burden hours & Average annual
respondents of responses of responses hours & cost total annual cost per
per respondent per response cost respondent
(1) (2) (1)*(2) = (3) (4) (5) (6)
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FERC-600................................................ 62 1 62 \10\ 160 \12\ 9,920 $11,280
\11\ $11,280 \13\ $699,360
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\10\ We have re-evaluated the time and effort involved in
preparing and filing a complaint, in light of the current
complexities of the industries regulated by FERC. As a result, we
think an estimate of 160 hours per complaint is a more realistic
average of the burden per filing. The reporting requirements have
not been revised.
\11\ $70.50/hour is the average hourly cost of a FERC employee
(salary plus benefits) for Fiscal Year 2014. We assume that the
respondents to this collection are similarly situated in terms of
salary plus benefits.
Average cost per response = Average burden hours per response
[160 hours] * $70.50 per hour.
\12\ Total annual burden hours = Total number of responses [62]
* Average burden hours per response [160].
\13\ Total annual cost = Total annual burden hours [9,920] *
hourly cost [$70.50].
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[[Page 7653]]
Comments: Comments are invited on: (1) Whether the 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 the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
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other forms of information technology.
Dated: February 3, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-02738 Filed 2-7-14; 8:45 am]
BILLING CODE 6717-01-P