Reporting Flow Volume and Capacity by Interstate Natural Gas Pipelines

Forms and Documents

Document Name	Status
FINAL IC13-17 (FERC-551) supporting statement (updated 12-23-2013).doc Supporting Statement A	2013-12-23
18 CFR 284.12.pdf Supplementary Document	2013-09-18
US Court Appeals 5th Circuit No. 10-60066.pdf Supplementary Document	2013-09-18
PUBLISHED IC13-17 (FERC-551) 30dy.pdf Supplementary Document	2013-09-17
PUBLISHED IC13-17 (FERC-551) 60dy.pdf Supplementary Document	2013-09-17
PL109-58 Section 315 316.pdf Supplementary Document	2013-09-17

IC Document Collections

IC ID	Document Title	Status
179973	Reporting of Flow Volume and Capacity by Interstate Natural Gas Pipelines	Modified

ICR Details

OMB Control No: 1902-0243	ICR Reference No: 201309-1902-004
Status: Historical Active	Previous ICR Reference No: 201007-1902-002
Agency/Subagency: FERC	Agency Tracking No: FERC-551
Title: Reporting Flow Volume and Capacity by Interstate Natural Gas Pipelines
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 01/10/2014
	Date Received in OIRA: 09/19/2013
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. Although FERC is not requiring reporting of intrastate natural gas pipeline information, FERC is encouraged to remove the intrastate reporting requirements from their current regulations and then update this collection to indicate that change in the supporting statement.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2017	36 Months From Approved	01/31/2014
Responses	36,966	0	62,244
Time Burden (Hours)	18,483	0	44,033
Cost Burden (Dollars)	0	0	0

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Abstract: With the passage of EPAct 2005, Congress affirmed a commitment to competition in wholesale natural gas and electricity markets as national policy, the fifth major federal law in the last 30 years to do so. As part of this commitment to competition, in the transparency provisions, Congress charged the Commission with assuring the integrity of the wholesale markets and assuring fair competition by facilitating price transparency in those markets. It also significantly strengthened the Commission's regulatory tools in the transparency provisions, specifically, in section 220 of the Federal Power Act and Section 23 of the Natural Gas Act. FERC implemented Order Nos. 720 and 720-A to comply with EPAct 2005 which amended the NGA to direct FERC to "facilitate price transparency in markets for the sale or transportation of physical natural gas in interstate commerce." On October 24, 2011, the United States Court of Appeals for the Fifth Circuit issued a decision granting the Texas Pipeline Association and the Railroad Commission's petition for review and vacating FERC's Order Nos. 720 and 720-A. In its order, the 5th Circuit held that Order Nos. 720 and 720-A exceeded the scope of FERC' authority under the Natural Gas Act of 1938 and FERC could not require intrastate natural gas pipelines to post the information. However, the court's decision did not disrupt the reporting and posting obligations of interstate natural gas pipelines. The requirements for intrastate natural gas pipelines remain in FERC's regulations at 18 CFR 284.14. The Commission may potentially take action to remove these requirements in the future.

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Authorizing Statute(s): PL: Pub.L. 109 - 58 316 Name of Law: Energy Policy Act 2005
   US Code: 15 USC 717t-2(a)(1)(new) 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:
	78 FR 36176	06/17/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 54880	09/06/2013
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
Reporting of Flow Volume and Capacity by Interstate Natural Gas Pipelines

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ICR Summary of Burden

	Total Approved	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	36,966	62,244	0	-25,278	0	0
Annual Time Burden (Hours)	18,483	44,033	0	-25,550	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The FERC-551 information collection burden changed because of the decision of the United States Court of Appeals for the Fifth Circuit that Order Nos. 720 and 720-A exceeded the scope of FERC's authority under the Natural Gas Act of 1938. Therefore, FERC could not require intrastate natural gas pipelines to post the information. The total burden only reflects the burden for interstate natural gas pipelines. This is the reason for the decrease in burden for the FERC-551 information collection.

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Annual Cost to Federal Government: $2,250

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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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: 09/19/2013

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