

[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]               
[Page 5529-5531]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja08-44]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC08-600-000; FERC-600]

 
Commission Information Collection Activities, Proposed 
Collection; Comment Request; Extension

January 22, 2008.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

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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. No. 104-13), the 
Federal Energy Regulatory Commission (Commission) is soliciting public 
comment on the specific aspects of the information collection described 
below.

DATES: Comments on the collection of information are due March 31, 
2008.

ADDRESSES: Copies of sample filings of the proposed collection of 
information can be obtained from the Commission's Web site (http://www.ferc.gov/docs-filings/elibrary.asp
) or from the Federal Energy 

Regulatory Commission, Attn: Michael Miller, Office of the Executive 
Director, ED-34, 888 First Street, NE., Washington, DC 20426. Comments 
may be filed either in paper format or electronically. Those parties 
filing electronically do not need to make a paper filing. For paper 
filing, the original and 14 copies of such comments should be submitted 
to the Secretary of the Commission, Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426 and refer to 
Docket No. IC08-600-000.
    Documents filed electronically via the Internet must be prepared in 
WordPerfect, MS Word, Portable Document Format, or ASCII format. To 
file the document, access the Commission's Web site at http://www.ferc.gov
, choose the Documents & Filings tab, click on eFiling, 

then follow the instructions given. First time users will have to 
establish a user name and password. The Commission will send an 
automatic acknowledgement to the sender's e-mail address upon receipt 
of comments.
    All comments may be viewed, printed or downloaded remotely via the 
Internet

[[Page 5530]]

through FERC's homepage using the eLibrary link. For user assistance, 
contact ferconlinesupport@ferc.gov or toll-free at (866) 208-3676 or 
for TTY, contact (202) 502-8659.

FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by 
telephone at (202) 502-8415, by fax at (202) 273-0873, and by e-mail at 
michael.miller@ferc.gov.


SUPPLEMENTARY INFORMATION: The information collected under the 
requirements of FERC-600 ``Rules of Practice and Procedure: Complaint 
Procedures'' (OMB No. 1902-0180) 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, 49 U.S.C. App. Sec.  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.
    With respect to the natural gas industry, section 14(a) of the NGA 
provides: 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.
    For public utilities, section 205(e) of the FPA provides: Whenever 
any such new schedule is filed, the Commission shall have the 
authority, either upon complaint or upon its own initiative without 
complaint at once, and, if it so orders, without answer or formal 
pleading by the public utility, but upon reasonable notice to enter 
upon hearing concerning the lawfulness of such rate, charge, 
classification, or service; and pending such hearing and decision of 
the Commission. * * *
    Section 215(d)(5) of the FPA provides: 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. * * *
    Concerning hydropower projects, section 19 of the FPA provides: * * 
* it is agreed as a condition of such license that jurisdiction is 
hereby conferred upon the Commission, upon complaint of any person 
aggrieved or upon its own initiative, to exercise such regulation and 
control until such time as the State shall have provided a commission 
or other authority for such regulation and control. * * *
    For qualifying facilities, section 210(h)(2)(B) of PURPA provides: 
Any electric utility, qualifying cogenerator, or qualifying small power 
producer may petition the Commission to enforce the requirements of 
subsection (f) as provided in subparagraph (A) of this paragraph.
    Likewise for oil pipelines, Part 1 of the Interstate Commerce Act 
(ICA), sections 1, 6 and 15 (recodified by Pub. L. 95-473 and found as 
an appendix to Title 49 U.S.C.) the Commission is authorized to 
investigate the rates charged by oil pipeline companies subject to its 
jurisdiction. If a proposed 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 provided 
that: Any person, firm, corporation, company or association, or any 
mercantile, agricultural, or manufacturing society or other 
organization, or any common carrier subject to the provisions of this 
chapter in contravention of the provisions thereof, may apply to the 
Commission by petition which shall briefly state the facts: whereupon a 
statement of the complaint thus made shall be forwarded by the 
Commission to such common carrier, who shall be called upon to satisfy 
the complaint, or to answer the same in writing, within a reasonable 
time, to be specified by the Commission. * * *
    In Order No. 602, 64 FR 17087 (April 8, 1999), 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 the latter, 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, 
that answers be filed in a shorter, 20-day time frame, and that parties 
may employ various types of alternative dispute resolution procedures 
to resolve complaints.
    In Order No. 647, 69FR 32436 (June 10, 2004), the Commission 
revised its regulations to simplify the formats it requires for various 
types of notices. These revisions provide for a more uniform formatting 
and make it easier for the Commission to update the form of notice 
formatting without the necessity of initiating a rulemaking for every 
change. A new subsection 18 CFR 385.203(d) replaced the former format 
requirements. Among the provisions that were affected by these 
revisions was 18 CFR 385.206(b)(10).
    On September 9, 2005, the Office of Management and Budget (OMB) 
approved the reporting requirements contained in FERC-600 for a term of 
three years, the maximum period permissible under the Paperwork 
Reduction Act \1\ before an information collection must be resubmitted 
for approval. As noted above this notice seeks public comments in order 
for the Commission to submit a justification to OMB to approve and 
extend the current expiration date of the FERC-600 reporting 
requirements. The data in complaints filed by interested/affected 
parties regarding oil and natural gas pipeline operations, electric and 
hydropower facilities in their applications for rate changes, service, 
licensing or reliability are used by the Commission in establishing a 
basis for various investigations and to make an initial determination 
regarding the merits of the complaint.
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    \1\ Paperwork Reduction Act of 1995, P.L. 104-13, October 1, 
1995, 44 U.S.C. 3501-3520.
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    Investigations may range from whether there is undue discrimination 
in rates or service to questions regarding market power of regulated 
entities to environmental concerns. In order to make a better 
determination, it is important to know the specifics of any oil, gas, 
electric, and hydropower complaint ``upfront'' in a timely manner and 
in sufficient detail to allow the Commission to act swiftly. In 
addition, such complaint data will help the Commission and interested 
parties to monitor the market for exercises of market power or undue 
discrimination. The information is voluntary but submitted with 
prescribed information. The Commission implements these filing 
requirements in the Code of Federal Regulations (CFR) under 18 CFR Part 
385, Sec. Sec.  385.206, 385.203 and 385.213.

ACTION: The Commission is requesting a three-year extension of the 
current expiration date, with no changes to the existing collection of 
data.

[[Page 5531]]

    Burden Statement: Public reporting burden for this collection is 
estimated as:

------------------------------------------------------------------------
    Number of          Number of       Average burden
   respondents       responses per        hours per       Total annual
     annually          respondent         response        burden hours
(1)                            (2)                (3)       (1)x(2)x(3)
------------------------------------------------------------------------
   81*                  1                 14            1,134
------------------------------------------------------------------------
* Represents three year averages (2005-2007) #Rounded off.

    Estimated cost burden to respondents is $68,904. (1,134 hours/2080 
hours per year times $126,384 per year average per employee = $68,904). 
The cost per respondent is $861. There is a significant decrease in the 
number of respondents and number of filings since the last renewal 
request. However, the cost per respondent has increased to reflect 
adjustments due to inflationary costs.
    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 
providing this information, such as administrative costs 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. E8-1594 Filed 1-29-08; 8:45 am]

BILLING CODE 6717-01-P
