[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Notices]
[Page 15471-15472]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap09-59]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC09-916-000]
Commission Information Collection Activities (FERC-916); Comment
Request; Extension
March 30, 3009.
AGENCY: Federal Energy Regulatory Commission (DOE).
ACTION: Notice of proposed 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 (Pub. L. 104-13), the Federal
Energy Regulatory Commission (Commission or FERC) is soliciting public
comment on the specific aspects of the information collection described
below.
DATES: Comments in consideration of the collection of information are
due June 1, 2009.
ADDRESSES: Comments may be filed either electronically or in paper
format, and should refer to Docket No. IC09-916-000. Documents must be
prepared in an acceptable filing format and in compliance with the
Federal Energy Regulatory Commission submission guidelines at http://
www.ferc.gov/help/submission-guide.asp.
Comments may be eFiled. The eFiling option, under the Documents &
Filings tab on the Commission's home Web page (http://www.ferc.gov),
directs users to the eFiling Web page. First-time users follow the
eRegister instructions on the eFiling Web page to establish a user name
and password before eFiling. Filers will receive an e-mailed
confirmation of their filed comments. Commenters filing electronically
should not make a paper filing. If electronic filing is not possible,
deliver original and 14 paper copies of the filing to: Federal Energy
Regulatory Commission, Secretary of the Commission, 888 First Street,
NE., Washington, DC 20426.
Parties interested in receiving automatic notification of activity
in this docket may do so through eSubscription. The eSubscription
option under the Documents & Filings tab on the Commission's home Web
page directs users to the eSubscription Web page. Users submit the
docket numbers of the filings they wish to track and will subsequently
receive an e-mail notification each time a filing is made under the
submitted docket numbers. First-time users will need to establish a
user name and password before eSubscribing.
Filed comments and FERC issuances may be viewed, printed and
downloaded remotely from the Commission's Web site. The eLibrary link
found at the top of most of the Commission's Web pages directs users to
FERC's eLibrary. From the eLibrary Web page, choose General Search, and
in the Docket Number space provided, enter IC09-916, then click the
Submit button at the bottom of the page. For help with any of the
Commission's electronic submission or retrieval systems, e-mail FERC
Online Support: ferconlinesupport@ferc.gov, or telephone toll-free:
(866) 208-3676 (TTY (202) 502-8659).
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by
telephone at (202)502-8663, by fax at (202)273-0873, and by e-mail at
ellen.brown@ferc.gov.
SUPPLEMENTARY INFORMATION: The Commission is requesting comments on the
record retention requirements of FERC-916,\1\ ``Record Retention
Requirements for Pipelines Providing Unbundled Sales Service, and
Persons Holding Blanket Marketing Certificates,'' OMB Control No. 1902-
0224. The FERC-916 record retention requirements are contained in 18
CFR 284.288(b) and 284.403(b).
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\1\ FERC-916 was formerly called ``FERC-916(549),'' with the
intent of consolidating the FERC-916 into the FERC-549 (OMB Control
No. 1902-0086). FERC has decided not to consolidate the FERC-916
into the FERC-549, so this Notice deals only with the FERC-916
requirements.
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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. The
Commission imposes the FERC-916 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 the FERC-916
records to monitor the jurisdictional transportation activities and
unbundled sales activities of interstate natural gas pipelines and
blanket marketing certificate holders.
[[Page 15472]]
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 anti-manipulation
provisions \2\) and the generally applicable five-year statute of
limitations where the Commission seeks civil penalties for violations
of the anti-manipulation rules or other rules, regulations, or orders
to which the price data may be relevant.
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\2\ 18 CFR 1c.1 and 1c.2, 71 FR 4244 (2006).
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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.
Action: The Commission is requesting a three-year extension of the
current expiration date for the FERC-916, with no changes to the
requirements.
Burden Statement: Public reporting burden for this collection is
estimated at:
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Number of Number of Average burden
FERC requirements respondents responses per hours per Total annual
annually respondent response burden hours
(1) (2) (3) (1) x (2) x (3)
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FERC-916.................................... 222 1 1 222
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The estimated total annual cost to respondents includes hours for labor
(222 hrs. at $17 per hour, for a labor cost of $3,774) and record
storage costs (using an estimated 12,548 cu. ft of records in off-site
storage, for a total record storage cost of $81,051). The total annual
cost (labor plus off-site record storage) is $84,825; the total annual
cost per respondent is $382.
The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
retaining these records, such as administrative costs, off-site records
storage, and the cost for information technology. Indirect or overhead
costs are costs incurred by an organization in support of its mission.
These costs apply to activities which benefit the whole organization
rather than any one particular function or activity.
Comments are invited on: (1) Whether the proposed 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 of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses.
Kimberly D. Bose,
Secretary.
[FR Doc. E9-7571 Filed 4-3-09; 8:45 am]