Filing and Reporting Requirements for Interstate Natural Gas Company Rate Schedules and Tariffs

Federal RegisterOct 11, 1995

Ask Donna

What actually matters in this document.

Text

SUMMARY: The Federal Energy Regulatory Commission is amending part 154

of the Commission's regulations under the Natural Gas Act. The

Commission is reorganizing, rewriting and updating its regulations

governing the form, composition and filing of rates and charges for the

transportation of natural gas in interstate commerce. This rule is part

of the Commission's ongoing program to review its filing and reporting

requirements and reduce unnecessary burdens by eliminating the

collection of data that are not necessary to the performance of the

Commission's regulatory responsibilities. The rule also requires that

certain data, necessary to the analysis of a proposed rate, be filed at

an earlier stage of the process.

EFFECTIVE DATE: This final rule is effective November 13, 1995.

FOR FURTHER INFORMATION CONTACT: Richard A. White, Office of the

General Counsel, Federal Energy Regulatory Commission, 825 North

Capitol Street, NE., Washington, DC 20426, (202) 208-0491.

SUPPLEMENTARY INFORMATION: In addition to publishing the full text of

this document in the Federal Register, the Commission also provides all

interested persons an opportunity to inspect or copy the contents of

this document during normal business hours at 888 First Street NE.,

Washington, DC 20426.

The Commission Issuance Posting System (CIPS), an electronic

bulletin board service, provides access to the texts of formal

documents issued by the Commission. CIPS is available at no charge to

the user and may be accessed using a personal computer with a modem by

dialing (800) 856-3920. To access CIPS, set your communications

software to 19200, 14400, 12000, 9600, 7200, 4800, 2400, 1200, or 300

bps, full duplex, no parity, 8 data bits, and 1 stop bit. The full text

of this document will be available on CIPS in ASCII and WordPerfect 5.1

format. The complete text on diskette in Wordperfect format may also be

purchased from the Commission's copy contractor, La Dorn Systems

Corporation, also located in Room 3104, 941 North Capitol Street NE.,

Washington, DC 20426.

Table of Contents

I. Introduction

II. Public Reporting Burden

III. Background

IV. Discussion

A. Overview and Objectives of the Final Rule

1. Organization and editorial changes.

2. Substantive changes.

B. The Revised Regulations

1. Subpart A--General Provisions and Conditions

a. Section 154.1 Application; obligation to file

b. Section 154.2 Definitions

c. Section 154.3 Effective Tariff

d. Section 154.4 Electronic and Paper Media

e. Section 154.5 Rejection of Filings

f. Section 154.6 Acceptance for filing not approval

g. Section 154.7 General Requirements for the Submission of a

Tariff Filing or Executed Service Agreement

h. Section 154.8 Informal Submission for Staff Suggestions

2. Subpart B--Form and Composition of Tariff

a. Section 154.101 Form

b. Section 154.102 Title Page and Arrangement

c. Section 154.103 Composition of Tariff

d. Section 154.104 Table of Contents

e. Section 154.105 Preliminary Statement

f. Section 154.106 Map

g. Section 154.107 Currently Effective Rates

h. Section 154.108 Composition of Rate Schedules

i. Section 154.109 General Terms and Conditions

j. Section 154.110 Form of Service Agreement

k. Section 154.111 Index of Customers

l. Section 154.112 Exception to Form and Composition of Tariff

m. Miscellaneous Subpart B Comments

3. Subpart C--Procedures for Changing Tariffs

a. Section 154.201 Filing Requirements

b. Section 154.202 Filings to Initiate a New Rate Schedule

c. Section 154.203 Compliance Filings

d. Section 154.204--Changes in Rate Schedules, Forms of Service

Agreements, or the General Terms and Conditions

e. Section 154.205 Changes Related to Suspended Tariffs,

Executed Service Agreements or Parts Thereof

f. Section 154.206 Motion to Place Suspended Rates Into Effect

g. Section 154.207 Notice Requirements

h. Section 154.208 Service on Customers and Other Parties

i. Section 154.209 Form of Notice for Federal Register

j. Section 154.210 Protests, Interventions, and Comments

4. Subpart D--Material to be Filed With Changes

a. Section 154.301 Changes in Rates

b. Section 154.302 Previously Submitted Material

c. Section 154.303 Test Periods

d. Section 154.304 Format of Statements, Schedules, Workpapers,

and Supporting Data

e. Section 154.305 Tax Normalization

f. Section 154.306 Cash Working Capital

g. Section 154.307 Joint Facilities

h. Section 154.308 Representation of Chief Accounting Officer

i. Section 154.309 Incremental Expansions

j. Section 154.310 Zones

k. Section 154.311 Updating of Statements

l. Section 154.312 Composition of Statements

1. Schedule B

2. Schedule C

3. Schedule C-1, End of Base Period Plant Functionalized

4. Schedule C-2 (Proposed Schedule C-3)

5. Schedule C-3 (Proposed Schedule C-4)

6. Schedule C-4 (Proposed Schedule C-5)

7. Schedule C-5 (Proposed Schedule C-6)

8. Schedule D

9. Schedules D-1 and D-2

10. Schedule D-2 (Proposed Schedule D-3)

11. Statement E Schedule E-3

14. Schedule E-4

15. Proposed Schedule E-5

16. Statement F-2

17. Statement G, Revenues, Credits, and Billing Determinants

18. Schedule G-1, Base Period Revenues Schedule G-2, Adjustment

Period Revenues

20. Schedule G-3

21. Schedule G-4, At-risk Revenue

22. Schedule G-5, Other Revenues

23. Statement H-1

24. Schedule H-1(1)

25. Schedules H-1(1)(c), H-1(3)(a), and H-1(3)(b)

26. Schedules H-1(2)(a) and H-1(2)(b)

27. Schedule H-1(2) [Proposed Schedule H-1(3)]

28. Schedule H-1(2)(j) [Proposed Schedule H-1(3)(k)]

29. Schedule H-1(2)(k) [Proposed Schedule H-1(3)(l)]

30. Schedule H-2(1)

31. Statement H-3

32. Schedules H-3(1)-(3)

33. Schedule H-3(4)

34. Schedule H-4

35. Schedule I-1, Functionalization of Cost-of-service

36. Schedules I-2 (i) and (ii)

37. Schedule I-3, Allocation of Cost-of-Service

38. Schedule I-4, Transmission and Compression of Gas by Others

(Account 858)

39. Schedule I-5

40. Schedule I-5, Gas Balance

41. Statement J, Comparison and Reconciliation of Estimated

Revenues With Cost-of-service

42. Schedule J-1, Summary of Billing Determinants

43. Schedule J-2, Derivation of Rates

44. Schedule J-2(iii)

45. Statement P

m. Section 154.313 Schedules for Minor Rate Changes

[[Page 52961]]

n. Section 154.314 Other Support for a Filing

5. Subpart E--Limited Rate Changes

a. Section 154.401 RD&D Expenditures

b. Section 154.402 ACA Expenditures

c. Section 154.403 Periodic Rate Adjustments

6. Subpart F--Refunds and Reports

a. Section 154.501 Refunds

b. Section 154.502 Reports

7. Subpart G--Other Tariff Changes

a. Section 154.601 Change in Executed Service Agreement

b. Section 154.602 Cancellation or Termination of a Tariff,

Executed Service Agreement or Part Thereof

c. Section 154.603 Adopting of a Tariff by a Successor

C. Comments requesting further changes

D. Electronic Filing

1. Industry-wide conference

2. Delayed implementation of electronic filing requirements

3. Software

4. Using Rich Text Format for Text

5. Appropriate Format for Numeric Data

6. Security and Reliability of Data

7. Submission of Data to the Commission

8. Dissemination of Data by the Commission

9. Fees for costs of electronic filing

V. Regulatory Flexibility Act Certification

VI. Environmental Statement

VII. Information Collection Statement

VIII. Effective Date

Regulatory Text

Appendix A

Appendix B

Appendix C

I. Introduction

The Federal Energy Regulatory Commission (Commission) hereby adopts

procedural rules governing the form and composition of interstate

natural gas pipeline tariffs and the filing of rates and charges for

the transportation of natural gas in interstate commerce under sections

4 and 5 of the Natural Gas Act (NGA) and section 311 of the Natural Gas

Policy Act. This rule is a companion to the final rule, issued

concurrently, titled ``Revisions to the Uniform System of Accounts and

to Forms and Statements and Reporting Requirements for Natural Gas

Companies'' which amends, among other things, the Uniform System of

Accounts and FERC Form No. 2.

The Commission intends to make the filing and reporting

requirements reflect recent regulatory changes, in particular the

implementation of Order No. 636, and the realities of the process of a

modern rate case.1 The restructuring of the pipeline industry has

rendered many of the current rate and tariff regulations superfluous or

outdated. The Commission is adopting filing requirements that reflect

the current part 284 service regulations that mandate unbundled

pipeline sales and open-access transportation of natural gas. The

current part 154 rate regulations are not designed for the type of rate

changes that will occur in the restructured service environment. These

filing requirements were originally designed to focus on pipeline sales

activities. The revised regulations focus on transportation services.

\1\Pipeline Service Obligations and Revisions to Regulations

Governing Self-Implementing Transportation; and Regulation of

Natural Gas Pipelines After Partial Wellhead Decontrol, Order No.

636, 57 FR 13267 (April 16, 1992), FERC Statutes and Regulations

para.30,939 (April 8, 1992); order on reh'g, Order No. 636-A, 57 FR

36128 (August 12, 1992), FERC Statutes and Regulations para.30,950

(August 3, 1992); order on reh'g, Order No. 636-B, 57 FR 57911

(December 8, 1992), 61 FERC para.61,272 (1992), reh'g denied, 62

FERC para.61,007 (1993), appeal pending sub nom. United Distribution

Co., et al. v. FERC, No. 92-1485, et al. (D.C. Cir. Feb. 8, 1995).

---------------------------------------------------------------------------

Before the recent industry restructuring, natural gas pipelines

primarily provided a merchant service. A typical pipeline company would

purchase gas from producers or other suppliers, transport the gas from

the supply area to storage fields or sales delivery points, and sell

the gas on a bundled basis. Now, pipeline companies are primarily

transporters of natural gas. This change in the primary role of the

pipeline from merchant to transporter requires that the filing

requirements be adapted to the change. Accordingly, the Commission is

deleting all of the current regulations in part 154 and replacing them

with new regulations that reflect the restructured industry.

Kern River requests clarification that the companion rules are

pursuant to section 5 of the NGA. The clarification is denied. Section

5 specifically gives the Commission the power to change any rule,

regulation, practice or contract that the Commission finds to be

unjust, unreasonable, unduly discriminatory or preferential. The

Commission's power to prescribe rules, regulations and statements of

policy of general applicability with respect to any function under its

jurisdiction is derived from section 402 of the Department of Energy

Organization Act and section 16 of the NGA. The instant rule is more

appropriately considered to be promulgated pursuant to the latter

authorities.

The changes to the Commission's regulations are effective November

13, 1995.

II. Public Reporting Burden

The subject final rule will effect seven of the Commission's

existing data collections. However, only one of these data collections

will have a net change (reduction) in reporting burden. The final rule

reflects many of the changes suggested in industry comments filed in

response to Commission's Notice of Proposed Rulemaking. In particular,

the joint comments of The Interstate Natural Gas Association of America

(INGAA) and the American Gas Distributors (AGD) were helpful.

The final rule is expected to reduce the existing reporting burden

associated with FERC-545, Gas Pipeline Rates: Rate Change (Non-Formal)

(OMB Control No. 1902-0154) (FERC-545) by an estimated 136,785 hours

annually--an average of 172.9 hours per response. As a result of the

final rule, the annual reporting requirement under FERC-545 is

estimated to total 36,068 hours based on an expected 650 filings per

year. A copy of this rule is being provided to Office of Management and

Budget (OMB).

The Commission estimates the public reporting burden for data

collected under FERC-545 will average approximately 55.5 hours per

response, including the time for reviewing instructions, searching

existing data sources, gathering and maintaining the data needed, and

completing and reviewing the collection of information.

Six other existing data collections are affected by the changes in

regulations.2 However, no net change in the reporting burden of

those affected data collections is expected because of off-setting

increases and decreases within each respective data collection. FERC-

545 is the only data collection under which a net change (reduction) in

reporting burden is expected as a result of the changes in filing

requirements adopted by the Commission in the subject final rule.

\2\Five existing data collections affected by the subject final

rule but with no net change in industry reporting burden, are:

FERC-542, Rate Change and Tracking (1902-0070);

FERC-543, Rate Tracking (Formal) (1902-0152);

FERC-544, Gas Pipeline Rates: Rate Change (Formal) (1902-0153);

FERC-546, Certificated Rate Filings: Gas Pipeline Rates (1902-

0155); and

FERC-547, Refund Report Requirements (1902-0084).

Under the above data collections plus FERC-545, net reductions

in reporting burden have totaled more than 355,000 hours to date as

a result of Order No. 636. Such reductions have been reflected in

separate clearance packages previously reported to the Office of

Management and Budget (OMB).

A sixth existing data collection, FERC-542(A), Tracking and

Recovery of Alaska Natural Gas Transportation System (ANGTS) Charge

(1902-0129), which has conditional OMB approval on a ``standby''

basis, is terminated under the final rule.

---------------------------------------------------------------------------

Interested persons may send comments regarding these burden

estimates or any other aspect of these

[[Page 52962]]

collections of information, including suggestions for further

reductions of burden, to the Federal Energy Regulatory Commission, 888

First Street NE, Washington, DC 20426 (Attention: Michael Miller,

Information Services Division, (202) 208-1415, FAX: (202) 208-2425).

Comments on the requirements of this final rule may also be sent to the

Office of Information and Regulatory Affairs of OMB, Washington, DC

20503 (Attention: Desk Officer for Federal Energy Regulatory

Commission, (202) 395-6880, FAX: (202) 395-5167).

III. Background

On December 16, 1994, the Commission issued a Notice of Proposed

Rulemaking proposing a major overhaul of its regulations governing

natural gas company filing and reporting requirements.3 The

Commission is determined to issue sensible regulations that impose the

least burden without sacrificing rational and necessary

protections.4 The Commission is not changing its substantive rate

policies in this rulemaking, but rather bringing its filing

requirements and procedures up to date to match its current substantive

policies. In the interest of an expeditious process, the regulations

have been revised with a view toward removing any industry-wide filing

burdens that are not generally needed to analyze a proposal. The

revised regulations are designed to provide the Commission and

interested parties with the information generally required to access

and process a rate filing. Where more information is needed, it may be

collected on an individual case basis. This achieves a realistic

balance between the public interest and the needs of the industry.

\3\Filing and Reporting Requirements for Interstate Natural Gas

Company Rate Schedules and Tariffs, 60 FR 3111 (January 13, 1995),

IV FERC Stats. & Regs. para.32,511 (1995).

\4\This effort is consistent with the President's directives in

his memo dated 3/4/95 concerning the National Performance Review to,

among other things, eliminate or revise outdated regulations, and to

move from a process that creates volumes of regulations to issuing

``sensible regulations that impose the least burden without

sacrificing rational and necessary protections.''

---------------------------------------------------------------------------

The Commission received many comments on the NOPR.5

Additionally, on August 17, 1995, AGD and INGAA filed joint comments to

both this and the companion rule (Agreement).6 The Commission

found the Agreement both informative and helpful as it clearly sets out

the positions and interests of a fairly large representative group of

pipelines and customers.

\5\See Appendix B for a list of commenters.

\6\Agreement Between Associated Gas Distributors (AGD) and The

Interstate Natural Gas Association of America (INGAA) on Issues

Related to Filing Requirements, filed August 17, 1995. The agreement

was in addition to the individual comments provided by AGD, INGAA,

and their members. It was an attempt to resolve various differences

and reflected compromises in the positions of AGD and INGAA.

---------------------------------------------------------------------------

The Final Rule reflects many of the proposals in the Agreement. The

suggestions concerning the restructuring of Statement G, the concurrent

filing of Statement P, and the reduction in material required to

support a filing, are reflected in the Final Rule, as more fully

explained in the discussion of Statement G, supra. However, the Final

Rule does not, automatically, accord confidential treatment to

Statement G, as proposed in the Agreement, which is also discussed

supra.

The NOPR proposed to delete many filing requirements. After

analyzing the comments in light of its current goals, the Commission

has determined to delete even more of the current filing requirements,

not include many proposed filing requirements, and further modify many

other current and proposed regulations. Specific reductions in

reporting requirements follow:

All the filing requirements of current Secs. 154.201-213 have been

deleted. Those regulations apply to shippers seeking to recover charges

incurred for the conditioning and transportation of Alaska natural gas

through the Alaska Natural Gas Transportation System (ANGTS) for sale

in the contiguous 48 states of the United States.

Current Sec. 154.38(e), requiring that the minimum bill heading

appear on every schedule is deleted.

Current Sec. 154.67(b), requiring annual reports, is deleted.

Current Schedule E-5, showing the computations, cross-references

and sources from which the data used in computing claimed working

capital are derived, is deleted.

Current Schedule H(1)-2, cost of purchased gas, is deleted.

Current Schedule H(3)-1, reporting the reconciliation of book and

taxable net income for a pipeline, is deleted.

Current Schedule H(3)-2, reporting the differences between book and

tax depreciation on a straight-line basis and the excess of liberalized

depreciation for tax purposes, is deleted.

Current Schedule I-5, requiring information on metering points and

units, is deleted.

Current Schedule I-6, Three-day peak deliveries, is deleted.

Current Sec. 154.42, dealing with the price of gas, is deleted.

Proposed Sec. 154.309 has been modified by removing the requirement

to report ``every major expansion since the pipeline's last rate

case.''

Proposed Schedule C-2, Plant in Service as Adjusted, showing the

proposed test period Adjusted Plant by function, has not been included

in the final rule.

Proposed Schedule D-2, Projected End of Test Period Depreciation

Reserves Functionalized, showing the ending test period balance of

accumulated depreciation reserve, has not been included in the final

rule.

Proposed Schedule E-3, which was to be filed by companies with PGA

clauses, has not been included in the final rule.

Proposed Schedule H-1(1) has been modified by removing the

requirement to report the rate assigned for reflecting an expense for

gas used on the system. Only the volumes will be required.

Proposed Schedule H-1(2)(a), which was to be filed by companies

with PGA clauses, has not been included in the final rule.

Proposed Schedule H-1(2)(b), which was to be filed by companies

with PGA clauses, has not been included in the final rule.

Proposed Schedule H-1(3)(b), Account 813, Other Gas Supply

Expenses, has not been included in the final rule.

Proposed Schedule H(2)-1 requiring the reporting of the

reconciliation of depreciable plant to gas plant was incorporated into

Schedule H(2).

Proposed Sec. 154.314 provided that in addition to the workpapers

accompanying the filing, certain material, related to the test period,

must be provided to the Commission on request. This requirement has

been removed from the final rule. Parties to a hearing may seek this

information through the discovery process.

IV. Discussion

A. Overview and Objectives of the Final Rule

Section 4(a) of the Natural Gas Act (NGA) requires that any rate

charged by a natural gas company must be ``just and reasonable.''7

In order to aid the Commission in establishing whether a change in a

rate meets the statutory standard, section 4 of the NGA grants

authority to the Commission to establish procedures for the review of

proposed changes. Section 4(c) of the NGA requires that a natural gas

company file proposed changes in rates with the Commission thirty days

prior to the proposed effective date.8 The Commission may suspend

the effectiveness of the proposed changes to

[[Page 52963]]

that rate for up to five months, permit the changed rates to take

effect subject to refund, and may order a hearing to determine the

lawfulness of the proposed rates.9 At such hearing, the company

bears the burden of proof that the proposed changed rates are just and

reasonable. Part 154 imposes specific filing and reporting requirements

on jurisdictional natural gas companies in order for the Commission to

fulfill its statutory review functions.

\7\15 U.S.C. 717c(a).

\8\15 U.S.C. 717c(d).

\9\15 U.S.C. 717c(e).

---------------------------------------------------------------------------

This proceeding represents a major overhaul of the regulations

governing natural gas company filing and reporting requirements. The

new part 154 incorporates both basic ``housekeeping'' changes to

eliminate obsolete language and sections, and substantive changes to

update the regulations to reflect the many developments that have taken

place in the natural gas industry since the regulations were first

promulgated.

The revised part 154 represents the reorganization, rewriting,

updating, modification, consolidation, and pruning of the current

regulations. The changes provide for more useful and less burdensome

data filed in electronic format; a schedule by schedule revision of the

current Sec. 154.63 filing requirements for an NGA section 4(e) general

rate case; and, new filing requirements for initial rates and various

limited section 4 filings, miscellaneous tariff change filings, and

cost tracking filings.

1. Organization and Editorial Changes

Part 154--Rate Schedules and Tariffs has been reorganized into

subparts: Subpart A--General Provisions and Conditions; Subpart B--Form

and Composition of Tariff; Subpart C--Procedures for Changing Tariffs;

Subpart D--Material to be Filed With Changes; Subpart E--Limited Rate

Changes; Subpart F--Refunds and Reports; Subpart G--Other Tariff

Changes.

The revised part 154 is organized in such a way that the filing

requirements are cumulative. That is, all filings must meet the

requirements of subpart A even if no other subpart applies. All tariff

sheets or executed service agreements must conform to the requirements

of subpart B. Changes to tariff sheets or executed service agreements,

whether additions or modifications, must conform to the requirements of

subpart B and comply with the filing requirements of subpart C.

Additional filing or reporting requirements applicable to specific

types of filings fall under subparts D through G.

The entire part 154 has been edited for clarity and to remove

outdated references. For example, all references to filing fees have

been removed because fees are no longer required for interstate

pipelines. Also, the current regulations contain some sections which

have never been updated and refer to the Commission as the ``FPC'' or

direct the applicant to comply with sections that have been removed.

The Commission has made appropriate editorial revisions to these

sections.

Some current sections contain provisions on several different

matters and, for the sake of clarity, have been broken out into several

smaller sections. For example, the provisions of current Sec. 154.63

are redistributed throughout the revised part 154. Current

Sec. 154.38(d) (5) and (6) deal with the substantive rules for

obtaining rate treatment for research, development, and demonstration

costs (RD&D) and annual charge adjustment (ACA) expenditures,

respectively. These sections are moved to a separate subpart and

revised.

Many provisions are redrafted to reflect the prevalent practice in

the industry. For example, revised Sec. 154.208 formally adds to the

regulations the requirement that the company must serve notice upon its

customers. Revised Sec. 154.209 sets out a new form of notice to

reflect current practice. Revised Sec. 154.107 formalizes the general

practice of providing a detailed statement of rates and charges in a

particular location in the tariff. Revised Sec. 154.2(d) allows mailing

to customers and state commissions to be accomplished either through

electronic media or traditional methods.

2. Substantive Changes

The changes create filing requirements that reflect the current

policies and regulations that mandate unbundled pipeline sales and

open-access transportation of natural gas. The primary objectives of

the substantive changes are to update the filing and reporting

requirements to reflect restructured services and operations,

streamline rate case processing by receiving important information

earlier in the process, and remove outdated requirements.

The revised filing requirements permit parties to address the

important issues more quickly. For example, pipelines currently file

their Statement P testimony 15 days after filing the rate proposal. The

Commission's experience is that Statement P provides the most

comprehensive description of the proposed change. The rule requires

Statement P to be filed concurrently with the rate case so as to make a

more complete explanation of the rate proposal available at the outset.

To achieve its intended purpose of expediting the hearing, Statement P

must serve as the applicant's complete case-in-chief, not a mere

description of proposed rates.

INGAA, Panhandle, ANR/CIG, KNI, MRT, and Great Lakes state that the

proposed regulations would increase the burden to the pipeline

industry. Panhandle attached a study showing that the number of hours

needed to prepare a section 4 filing would increase by 77% and the

paperwork would triple. Panhandle states that the study reflects

estimates of time required to prepare a rate filing, responses to staff

data requests and, the proposed quarterly updates. Panhandle states

that the quarterly updates account for a substantial portion of the

increased burden and that 88 percent of the increased burden could be

eliminated if pipelines were permitted to submit supplemental testimony

as the need arises (i.e., Statement P does not represent the ``sole''

case-in-chief).

As discussed supra, the proposed quarterly update provision has not

been included in the final rule. Proposed Sec. 154.311 has been

modified to only require one update; and so, that portion of the

increased burden has been substantially reduced. Statement G and

associated schedule requirements have not been expanded as proposed.

Revised Statement G does not require the customer specific information

as proposed in the NOPR; and so, that portion of the increased burden

has also been eliminated.

It was unclear from the material provided by Panhandle whether the

study considered that filing Statement P with the initial filing is an

increase to the filing burden. The Commission remains firm in the

belief that the requirement for a fuller, complete Statement P

presented at the beginning of a rate case reduces the overall burden to

the parties to the hearing. The Commission does not expect that this

requirement will entirely remove the need for data requests and

discovery in all instances. However, it is the pipelines' statutory

burden to demonstrate that proposed rates are just and reasonable. When

the rates cannot be determined to be just and reasonable by the filed

material alone, a hearing must be established. This rule represents a

concerted effort to avoid lengthy hearings. One way to expedite the

process is to get the information needed to make the determination

(Statement P) to the Commission and other parties sooner than under the

current regulations. This does not

[[Page 52964]]

increase the burden to the pipeline but changes only the timing of the

submission.

Certain regulations are, as a practical matter, no longer of

general interest. The Commission has removed them from the general

regulations. The regulations concerning Research, Development, and

Demonstration expenses (RD&D) for example, are currently a lengthy and

cumbersome part of Sec. 154.38. These regulations were originally

developed to apply to all pipelines and to any number of RD&D

organizations. However, in practice, there is one predominant and

principal research organization, Gas Research Institute (GRI). Thus,

the Commission has streamlined the regulations, recognizing that GRI is

the principal research organization funded by the natural gas industry.

The Commission has removed the regulations governing Purchase Gas

Adjustments (PGAs) from the general regulations. As a result of the

restructuring of the industry under Order No. 636, most pipelines have

shed their traditional merchant function. At the time this rule is

being written, only two natural-gas companies, Eastern Shore Natural

Gas Company and West Texas Gas, Inc., continue to pass through gas

purchase costs under the PGA regulations.10 The Commission will

now require these natural-gas companies to incorporate all of the

existing PGA regulatory requirements applicable to it into their

tariffs if they are not open-access by the effective date of this

rule.11 The PGA regulations are removed from part 154. The

Commission also requires the provisions governing PGAs in current

Sec. 154.111 to be incorporated into these companies' tariffs and that

section is also removed.

\10\These pipelines do not provide open access transportation

under part 284 of this chapter; and so, were not subject to

restructuring under Order No. 636.

\11\Eastern Shore is required by a settlement to apply to become

an open-access pipeline no later than January 1, 1996. 72 FERC

para.61,176 (1995).

---------------------------------------------------------------------------

The Commission has deleted current Secs. 154.201-213. Those

regulations apply primarily to shippers seeking to recover charges

incurred for the conditioning and transportation of Alaska natural gas

through the Alaska Natural Gas System (ANGTS) for sale in the

contiguous 48 states of the United States. Those provisions establish

the terms and conditions for a permanent tariff provision that a

shipper may propose to adjust its rates semiannually to flow through to

its jurisdictional customers the jurisdictional portion of changes its

ANGTS charges. Alternatively, a shipper may recover the jurisdictional

portion of these charges through a cost-of-service tariff approved by

the Commission.

The Commission has deleted these regulations because the ANGTS

project has not been built as originally contemplated, and the

regulations are obsolete in light of the post-Order No. 636 unbundled

environment. Nonetheless, the Commission remains ready to facilitate

the construction of ANGTS, which Congress has found to be in the public

interest.12 Hence, if action is warranted in the future to

facilitate financing and progress on the ANGTS and the recovery of

ANGTS costs, the Commission will act expeditiously. What was stated in

Order No. 636-A applies here as well: ``nothing in the rule (Order No.

636) is intended to disturb the United States government's commitment

to the ANGTS prebuild.''13 Further, the Commission continues to

view the Northern Border Pipeline Company prebuild segment as remaining

subject to the various agreements between the United States and

Canadian governments and subsequent findings in Commission orders

certificating Northern Border's system.14 Removing these

regulations is not intended to have any effect on the ANGTS prebuild

revenue stream.

\12\Alaska Natural Gas Transportation System Act, 15 U.S.C.

Sec. 719-719.

\13\Order No. 636-A, III FERC Stats. & Regs. Preambles

para.30,950 at p. 30,674 (1992).

\14\Northern Border Pipeline Co., 63 FERC para.61,289 (1993).

---------------------------------------------------------------------------

B. The Revised Regulations

The revised part 154 has a completely new organization from the

current regulations, and virtually every section has been changed in

some way. The text has been edited to remove outdated and incorrect

references, and rewritten in a more concise style. Although many filing

and reporting requirements have not been changed, they have been

relocated. The revised regulations may be best understood by a

comparison to the current regulations they replace.15 Details of

the revised regulations are provided below along with a discussion of

the comments.

\15\Appendix A is a finding guide between current and revised

regulations.

---------------------------------------------------------------------------

1. Subpart A--General Provisions and Conditions

a. Section 154.1 Application; obligation to file. The Commission

has included as Sec. 154.1(b) the description of the purpose of part

154, which is currently set forth in Sec. 154.1(a). That purpose

reflects the requirement of Section 4(c) of the NGA that every natural

gas company must file with the Commission, and maintain open for public

inspection, its schedules and contracts.16

\16\15 U.S.C. 717c(c).

---------------------------------------------------------------------------

The Commission has deleted outdated language (i.e., ``On or after

December 1, 1948''). The Commission is removing the electronic medium

requirements from current Secs. 154.1 (b) and(c) and placing them in

new Sec. 154.4.

Section 154.1(c) replaces without change current Sec. 154.22, which

states that no natural gas company may file a new or changed rate

schedule or contract for service for which a certificate of public

convenience and necessity or certificate amendment must be obtained

pursuant to section 7(c) of the Natural Gas Act, until such certificate

has been issued.

Williston states that Sec. 154.1(c) only prolongs the approval

process and delays implementation of services. Williston suggests

allowing a new or changed rate to be filed concurrently with the

certificate filing.

This section imposes no additional requirements from current

Sec. 154.22. However, the Commission clarifies that, although a

pipeline may not file to incorporate a rate schedule in its tariff for

which section 7(c) authorization is required but for which section 7(c)

authorization has not yet been granted, it does not prohibit a pipeline

from proposing an initial rate in its certificate application under

section 7(c). Since the Commission has adopted the practice of granting

blanket certificates for services, this provision will be applied most

often to new companies which have not previously been subject to the

Commission's jurisdiction and do not have a tariff on file.

New Sec. 154.1(d) requires that any executed service agreement

which deviates in a material aspect from the form of service agreement

in a pipeline's tariff must be filed with the Commission. This

requirement codifies current Commission policy.17

\17\See, Tennessee Gas Pipeline Company, et al., 65 FERC

para.61,356 (1993); reh'g denied, 67 FERC para.61,196 (1994). INGAA,

CNG, Midcon, NGSA, and Columbia believe that Sec. 154.1(d) requires

public disclosure of contract provisions and may negatively affect

private contracts.

---------------------------------------------------------------------------

INGAA proposes various alternatives that limit the extent to which

information on contractual terms and conditions will be available to

the public.

Midcon urges the Commission to delete the requirements to file

commercially sensitive information. Midcon also suggests that the

proposal be deleted or clarified to state that

[[Page 52965]]

discount agreements do not ``deviate in any material aspect.'' Further,

Midcon suggests, any such contracts must be exempt from the

FOIA.18

\18\See the discussion on confidentiality, infra.

---------------------------------------------------------------------------

Pacific Northwest Commenters urge the Commission to be more

specific as to what deviations or substantive additional provisions

will trigger this filing requirement. Columbia objects to Sec. 154.1(d)

as too broad and requests that the Commission clarify that specifically

drafted provisions addressing flow rates, pressure obligations, maximum

delivery obligations, term, and other ``tariff-contemplated'' items are

not ``material'' deviations.

IPAA and NI-Gas support the requirement. IPAA states that the legal

concept of materiality may depend upon ``where one resides in the food

chain'' and suggests that all deviating agreements be filed.

The use of forms of service agreements as the basis of contracts

between a pipeline and its customers ensures that there are no

unreasonable differences among the rates, charges, services,

facilities, or otherwise of the pipeline's customers. Having made the

determination that the form of service agreement in the tariff is just

and reasonable, the Commission does not necessarily have to review

every contract to determine if it complies with the requirements of the

NGA. Thus, a contract that conforms to a pro forma service agreement

need not be filed with the Commission because the Commission has

already considered and determined that the pro forma service agreement

is just and reasonable. Likewise, any contract that deviates in a

material way from a pro forma service agreement must be evaluated anew

to determine that it is not unjust, unreasonable, preferential, or

otherwise unacceptable. The Commission does allow parties to negotiate

additional mutually agreeable terms and conditions in their service

agreements, but where the terms differ materially from those in the

form of service agreement, the pipeline must seek authorization for

these modifications from the Commission under section 4 of the

NGA.19

\19\Id. See also, Mojave Pipeline Company, 57 FERC para.61,300

(1991).

---------------------------------------------------------------------------

The Commission agrees that ``materiality'' is likely to vary with

the circumstances of the case. Therefore, it is better to allow the

term to remain less strictly defined in order that the particular facts

of a given contract will determine whether the deviation is material

and needs to be filed. The Commission also agrees that provisions such

as those addressing flow rates, pressure obligations, maximum delivery

obligations, receipt and delivery points, and term would not normally

be expected to be ``material'' deviations. Such provisions could easily

be drafted into the fixed language of the pro forma service agreements

or a blank space could be provided for insertion according to the

agreement of the parties. Likewise, rates that fall between the maximum

and minimum rates permitted for the rate schedule would not be

considered to be material. In either case, there would be no deviation

from the Commission approved pro forma service agreements contract.

b. Section 154.2 Definitions. The Commission defines terms of

general applicability in Sec. 154.2. The Commission is proposing

stylistic changes only to definitions for: ``Rate Schedule,'' currently

in Sec. 154.11, ``Contract,'' currently in Sec. 154.12, ``Service

Agreement,'' currently in Sec. 154.13, and ``Tariff or FERC Gas

Tariff,'' currently in Sec. 154.14. ``Posting,'' currently in

Sec. 154.16, has been defined to allow the parties to agree to

alternative methods of ``mailing'' such as electronic mail.

Williston states that the definition of ``rate schedule'' in

Sec. 154.2(e) is unclear as to whether a ``sale of natural gas''

pertains to the price charged for gas sold by a pipeline's sales

division. Williston states that such information is proprietary and

should not be included in the rate schedule.

The definition of ``rate schedule'' is substantially the same as in

the current regulation and tracks the language of the NGA.20

Williston has not persuaded us to change the definition.

\20\18 U.S.C. 717c(c).

---------------------------------------------------------------------------

c. Section 154.3 Effective Tariff. The Commission describes the

term ``Effective tariff'' in Sec. 154.3, currently Sec. 154.21. The

description clarifies that a pipeline may not avoid filing for a rate

change by making the rate subject to an exception or condition, such as

a periodic rate change under a price index. At present this concept is

found in Sec. 154.38(d)(3).

AGD requests clarification that Sec. 154.3(b) is not intended to

cause incentive rates to be rejected. SoCal urges the Commission not to

prohibit index adjustments submitted as part of a settlement or where

supported by the facts.

The regulation does not prohibit index adjustments or incentive

rates when authorized by the Commission. The regulation only prevents a

change from occurring automatically, without Commission authorization.

The regulation is consistent with the statutory obligation of the

Commission to review all proposed rate changes for adherence to the

just and reasonable standard.

d. Section 154.4 Electronic and Paper Media. Current Sec. 154.26

generally calls for 6 paper copies and requires rate filings to be

submitted electronically. New Sec. 154.4 continues to require

electronic media filings in addition to paper copies. Generally, it

calls for an original and 5 paper copies but requires an original and

12 paper copies of filings made pursuant to subpart D.

The new section consolidates in one place the Commission's

requirements with respect to electronic submittal of filings required

by part 154. Currently, these requirements are strewn throughout part

154, often redundantly.

The appendix to the NOPR included updated electronic tariff filing

formats as well as tariff pagination guidelines.21 The revised

formats take into consideration improvements in the FASTR software

which reads the tariff ASCII files submitted by the companies to the

Commission.22 The NOPR proposed that all companies that had not

restated their tariffs, do so, electronically on or before June 1,

1995. That date has passed. Therefore, all companies that have not

restated their tariffs must do so, electronically on or before January

26, 1996.

\21\The formats for the electronic filing and paper copy can be

obtained at the Federal Energy Regulatory Commission, Public

Reference and Files Maintenance Branch, Washington, D.C. 20426.

\22\On February 28, 1990, the Commission issued the ``Notice of

Tariff Retrieval System Software Availability,'' otherwise referred

to as the FASTR software package.

---------------------------------------------------------------------------

Columbia seeks clarification as to whether the requirement under

Sec. 154.4(a) that 6 (the NOPR had proposed 6 paper copies) paper

copies be filed, applies to the quarterly updates under proposed

Sec. 154.311. The quarterly update requirement has not been included in

the final rule as originally proposed; however, the paper copy

requirement applies to any updates which are required.

El Paso does not support the increase in the number of paper copies

to be filed. As discussed infra, the Commission is suspending

electronic filing of proposed changes in rates. Until electronic filing

is reinstated, the Commission will continue to require 12 paper copies

of rate case data. At the time electronic filing is reinstated, the

Commission will make any appropriate adjustment to the paper copy

requirements.

INGAA states that electronic filing should be the rule; in order to

receive

[[Page 52966]]

documents in another medium, the customer should have to demonstrate

its lack of ability to retrieve information electronically. ANR/CIG

suggests that the option should be the pipeline's where the customer is

able to receive information electronically. El Paso suggests the filing

of documents by electronic means such as telecommunications or upload

to the OPR Bulletin Board.

El Paso and Columbia support electronic service of filings upon

parties rather than service on paper. According to Columbia, parties

should be required to demonstrate their inability to receive electronic

service. Service could be accomplished through a central electronic

library of filings, from which copies could be made, or through

electronic transmission through the EBB or other communication links.

El Paso suggests the Federal Register notice be the only paper document

served on customers. The remaining portions of a filing should be

placed on the pipeline's EBB with the ability to view and download.

This enhancement to the EBB would promote timely access to relevant

information.

The Commission will not require customers to accept only electronic

versions of a pipeline's filings at this time. The new electronic

filing requirements are not yet finalized. No testing has been done. It

will take some time before anyone can be comfortable with solely

electronic filing. Therefore, until all of the issues related to

electronic only filing can be resolved, parties must continue to

receive paper copies of the filing. As the industry gains more

experience with electronic filings, parties may elect to receive only

an electronic version of the filing. The decision to send or receive an

electronic filing should be arrived at by mutual consent of the

pipeline and the interested party as noted in Sec. 154.2(d).

e. Section 154.5 Rejection of Filings. Section 154.5 states that

filings, that would prejudice the Commission in the discharge of its

duty to decide whether or not to investigate and suspend the increased

rates contained in the filing, will be rejected by the Director of the

Office of Pipeline Regulation. This section merely recognizes, in these

rate and tariff filing requirements, the existing power of the Director

of the Office of Pipeline Regulation to reject tariff or rate schedule

filings pursuant to the authority delegated to the Director by the

Commission in Sec. 375.307(b)(2) of the Commission's regulations.

Proposed Sec. 154.5 replaced current Sec. 154.15 with a definition

of filing date based on Sec. 35.2(c) of the Commission's regulations

for public utilities under the Federal Power Act. The rule, as

proposed, would allow the Director of the Office of Pipeline Regulation

to notify a natural gas company that its filing is rejected within 15

days of receipt of the document. Under this proposal, the date of

receipt stamped by the Secretary would not necessarily be the

officially recognized filing date.

This proposed regulation was met with approval by some commenters

such as APGA, Brooklyn Union, and AGD. However, others such as Columbia

and El Paso object to the proposal that the stamped date is not

necessarily the filing date. INGAA seeks clarification that the date

the pipeline submits its filing to the Secretary is the filing date for

determining compliance. INGAA and ANR/CIG state that the Commission

already has the authority to reject rate filings if deemed incomplete;

so, the proposal should be rejected because it may only create

confusion as to the official filing date.

Columbia argues that 15 days is more time than necessary and

creates uncertainty in trying to project and place rates into effect as

of a date certain. Panhandle states that the status of interventions

and protests would be unclear during the 15 days. Northwest/Williams

states that 7 days is sufficient for the Director's notice. Northwest/

Williams suggests that ``procedural'' revisions should be allowed

within 2 days without effecting the filing date.

Pacific Northwest Commenters recommends that the Commission issue a

notice that a filing is deemed incomplete, suspend any applicable dates

triggered by the original filing, and allow an additional 8 business

days for further protests or comments.

Columbia proposes that a modification permit pipelines to

supplement deficient filings rather than being rejected where the

deficiency is not substantive.

Arizona Directs sees conflict between this regulation and

Sec. 154.209. Arizona Directs states that there is no proposed

requirement that a filing be deemed complete before the NGA section

4(d) 30-day notice period begins. Arizona Directs states that it would

be burdensome for customers to review, intervene, and comment upon a

filing deemed incomplete. Arizona Directs suggests that a new comment

period be established with respect to the entire complete application,

not just the corrected portion. Further, public notice should be given

whenever a filing is deemed incomplete, and a second notice issued

designating the date the filing is deemed complete and filed and

establishing a new intervention, protest, and comment deadline. Arizona

Directs suggest that the rule provide that a section 4 rate filing is

not accepted for filing within the meaning of section 4(d) until after

the end of a 15-day public review period and a staff finding that the

filing is complete. Then, a notice could issue establishing the 10-day

comment period.

NGSA suggests retaining the current provision or modifying the

proposal to start a 15-day comment clock after the Director's review

period.

Panhandle states that the determination by the Director that a

filing is incomplete is tantamount to a rejection or a summary

judgment. Panhandle states that filings should not be rejected if they

are in substantial compliance with the regulations. Panhandle states

that the proposal allows the Director to decide rate cases on isolated

components without further proceedings.

Consumers Power does not object to the Director making the

determination of incompleteness but believes the Commission should

provide specific guidance as to conditions for rejection.

INGAA states that the Director's discretion should be limited so

that rejection does not take place where: in a section 4 case, a good

faith effort was made to include all of the required statements and

schedules; information has not been provided for which a legitimate or

routine waiver has been sought; information is provided under seal with

a request for confidential treatment.

Panhandle suggests modifying the regulation to read that the

``Secretary'' shall reject any material ``which patently fails to

substantially comply with the applicable requirements.''

INGAA states that the proposed regulation would create practical

problems. If the Commission rejects a filing and establishes another

filing date, the pipeline could be in violation of the requirement that

the data be based upon a period ending not more than 4 months prior to

the filing date. A delay in the start of the 30-day notice period could

leave the pipeline without authorization to provide services set to

coincide with the expiration of old contracts.

Although several commenters supported proposed Sec. 154.5, most

commenters either opposed the regulation or requested substantial

modifications to the proposed section. Because of the confusion and

uncertainty that may be created by the proposed regulation and the

numerous procedural problems raised by the commenters, the Commission

is not adopting Sec. 154.5 as proposed. New Sec. 154.5 is an indication

of the

[[Page 52967]]

Commission's intent to have the Director reject filings that do not

comply with the filing requirements promulgated by this order.

Finally, because the Commission is not adopting proposed

Sec. 154.5, the definition of filing date contained in current

Sec. 154.15 is retained in new Sec. 154.2(f).

f. Section 154.6 Acceptance for filing not approval. New Sec. 154.6

replaces current Secs. 154.23 and 24. The rejection language of

Sec. 154.24 is amended and the reference to fees is deleted.

g. Section 154.7 General Requirements for the Submission of a

Tariff Filing or Executed Service Agreement. Section 154.7 is a new

section setting forth the content of a tariff filing or executed

service agreement. In part, new Sec. 154.7 reflects the requirements of

current Sec. 154.63(b)(1). New Sec. 154.7 concerns all filings of

tariff sheets and executed service agreements. In light of the short

time period in which the Commission and interested parties have to

review the filing, several items have been added to speed processing of

the filing and minimize additional requests for information. These

include an expanded definition of the reference to the authority under

which the filing is made, addition of the name and telephone number of

an official able to respond to questions regarding the filing, and

clarification of the contents of the statement of the nature, reasons,

and basis for the filing.

Section 154.7(a)(9) requires that the transmittal letter contain

either a motion, in case of minimal suspension, to place the proposed

rates into effect at the end of the suspension period; or, a specific

statement that the pipeline reserves its right to file a later motion

to place the proposed rates into effect at the end of the suspension

period.

APGA supports the requirement to provide a detailed statement of

the nature, reasons, and basis for any rate filing.

Columbia suggested that the proposed Sec. 154.7(b) be modified to

refer to the posting requirements of Sec. 154.2(d) as sufficient

service. Columbia also states that filings should be provided only to

firm customers, not ``affected'' customers. Although these suggestions

have not been adopted, the service requirements have been further

refined and reduced as discussed supra.

NI-Gas suggests that Sec. 154.7(a)(2) be modified to require that

the transmittal letter include an address suitable for overnight

delivery as opposed to a PO Box and a facsimile (FAX) number. The

Commission has required a telephone number in the transmittal letter to

provide for those situations where an intervenor needs clarification or

detects a problem with a filing that could best be resolved by a phone

call. The address is required by Sec. 154.102 to be on the title page

of the tariff. There is no need for it to also be in the transmittal

letter.

Northwest/Williams requests clarification whether the letter of

transmittal and certificate of service are to be submitted on

electronic media. These items are not required to be submitted on

electronic media. Section 154.4(a) lists those filings that must be

filed electronically. As discussed in the section on electronic filing,

the Commission does not intend to require that all filings be made

electronically.

h. Section 154.8 Informal Submission for Staff Suggestions. Section

154.8 replaces current Sec. 154.25.

2. Subpart B--Form and Composition of Tariff

a. Section 154.101 Form. Section 154.101 replaces current

Sec. 154.32. The Commission is proposing to eliminate the requirement

that electronic media record format duplicate the page size, borders,

and margins of the paper copy. The electronic filing requirements are

in new Sec. 154.4. In addition, the Commission has eliminated the

requirement of a binder.

b. Section 154.102 Title Page and Arrangement. Section 154.102

replaces current Sec. 154.33. The Commission has eliminated the

reference to Sec. 154.52, as special exceptions are covered by new

Sec. 154.112. The Commission has also eliminated the requirement of a

binder. The Commission now requires that the numbering of sheets be as

provided in the Tariff Sheet Pagination Guidelines.23

\23\The guidelines and electronic filing instructions for tariff

sheets may be obtained at the Federal Energy Regulatory Commission,

Public Reference and Files Maintenance Branch, Washington, DC 20426.

---------------------------------------------------------------------------

Currently, compliance with these guidelines is optional although

the Commission has required use of the pagination guidelines in

individual cases. Many companies have already voluntarily adopted the

Commission's guidelines. The Commission now makes these guidelines

mandatory. The guidelines provide the only means to ensure that tariff

sheets are in the proper order in the Commission's electronic database.

The guidelines also provide the basic knowledge necessary to create a

sorting methodology for any party that wishes to create a database.

Most importantly, the guidelines help to create a clear guide to the

succession of tariff sheets.

MoPSC suggests the title page of each volume of a pipeline's tariff

contain a phone number which customers and interested persons may call

to make inquiries about those tariffs.

NI-Gas suggested that communications information be expanded to

include an address suitable for overnight deliveries. Many pipelines

use post office boxes for their general mail deliveries, but expedited

delivery services cannot make deliveries to such locations. NI-Gas also

recommends that the information should include a fax number, so that

requests for additional information can be promptly delivered and

forwarded.

NGSA recommends tariff sheets be clearly distinguished from each

other as being one of the following: (1) Proposed, (2) accepted but

subject to refund, and (3) approved. It often becomes very confusing as

to whether the tariff being identified is currently effective (i.e.,

the rate currently being charged) or is to become effective on the date

proposed in the filing.

The Commission finds that the proposal to add a telephone number

and a fax number to the title page has merit. The regulations currently

require, on the title page, the name and address of a person to whom

communications concerning the tariff should be sent. A few pipelines

provide a telephone number and/or a fax number on the title page now.

Inclusion of a telephone number and a fax number on the title page will

be made mandatory. This modest addition should foster communication

about the tariff.

Pipelines are fairly evenly divided between those who put a post

office box number on the title page and those who put a street address.

The Commission does not believe it is burdensome to provide a street

address instead of, or in addition to, the post office box

number.24 This suggestion will be adopted.

\24\Those pipelines who prefer communications to be addressed to

a post office box number may wish to present the address information

in the way Northern Border Pipeline Company does. The street address

is noted specifically as the courier address.

---------------------------------------------------------------------------

The Commission will not adopt the suggestion that the tariff sheets

carry designations as suggested by NGSA. Adoption of this suggestion

will require the pipelines to make filings of tariff sheets simply to

change the status designation. This would consume additional pipeline

and Commission staff resources. The tariff sheets available to the

public at the Commission's Washington, DC headquarters are marked in

the way suggested by NGSA. The electronic tariff sheets, in a format

readable by the Commission's software, can be downloaded from the

Commission's

[[Page 52968]]

bulletin board system. In this format, the tariff sheets each carry a

status indicator: proposed, effective, superseded, withdrawn, rejected,

or suspended. The tariff sheets also indicate if the order acting on

the sheets accepted the sheets subject to refund.

c. Section 154.103 Composition of Tariff. Section 154.103 is the

replacement for current Sec. 154.34. In recognition of prevailing

practice, the new section specifically requires that the tariff set

forth all currently effective rates. The Commission has deleted the

reference to special exceptions and changed the examples of classes of

service to reflect the current prevalent designations.

d. Section 154.104 Table of Contents. Section 154.104 replaces

current Sec. 154.35 with the clarification that the table of contents

must contain a list of the sections of the general terms and

conditions.

NI-Gas states that the inclusion of a detailed listing of the

General Terms and Conditions of the tariff in the table of contents

will be a major improvement in the current practice of some pipelines.

Columbia's tariffs have an initial table of contents in the front

of the tariff which contains a line item reference to ``General Terms

and Conditions'' and lists a page number for the ``General Terms and

Conditions Table of Contents'' located in approximately the middle of

the tariff, at the beginning of the General Terms and Conditions.

Columbia seeks clarification that this is permissible within the

context of the proposed regulation; and, if not, requests that the

regulation be modified to accept this format.

The intent of requiring the sections of the general terms and

conditions to be listed in the table of contents is to ensure such a

listing appears in the tariff. Columbia's approach to the table of

contents is acceptable.

e. Section 154.105 Preliminary Statement. Section 154.105 replaces

current Sec. 154.36 with stylistic changes only.

f. Section 154.106 Map. Section 154.106 is the replacement for

current Sec. 154.37. Maps must be submitted on paper and updated to

reflect major changes. The new section states a preference for zones to

be displayed on separate sheets.

Williston states that there should not be a map requirement in the

tariff because there is a map in the FERC Form No. 2. The Commission

has found that the presence of a map in the tariff is helpful in the

process of evaluating other provisions.

NGSA states that the map should identify storage, gathering, and

all off-system (non-contiguous) facilities as well as ``pipeline''

facilities.

Industrials recommend that pipelines be required to serve a hard

copy of system maps prepared in accordance with new Sec. 154.106, even

if the parties agree that tariff filings may be served via electronic

mail, in diskette form, or otherwise.

The Commission will not adopt NGSA's suggestion to require a more

detailed map in the tariff. A detailed map with the facilities NGSA

wishes identified is filed annually with the Form No. 2. Since the

Commission is not discontinuing paper filing of tariffs, all parties

receiving service of the tariff sheets are entitled to a paper copy

unless they agree otherwise. It is up to the parties and the pipeline

to determine the terms of electronic service, including exceptions to

electronic service.

g. Section 154.107 Currently Effective Rates. New Sec. 154.107

governs the tariff sheets setting forth the natural gas company's

currently effective rates. In part, this new section replaces

Sec. 154.38(d) (1) and (2). The section requires that rates be stated

in thermal units, as is the prevalent practice, rather than in units of

volume.

APGA points out that Sec. 154.107 formalizes the current practice

of providing a detailed statement of rates and charges in a particular

location in a pipeline's tariff. APGA supports this requirement. They

state it will be particularly helpful for customers to receive a

complete picture of effective and proposed rates upon the filing of a

new rate case.

Williston states that the language in this section appears to be

adding a level of complexity to the rate schedules that is unnecessary.

Williston requests clarification of a ``limited rate change.''

The Commission believes that Williston misunderstands the purpose

of this section. The summary of rates would not appear in the rate

schedule. This section is intended to codify the nearly universal

practice of placing a summary of rates on a tariff sheet or sheets

which generally appears in the tariff after the map. It is not part of

the rate schedule. We note that Williston's summary of rates fully

complies with Sec. 154.107.25 Proposed subpart E details the

filing requirements for limited rate changes. To avoid confusion, the

Commission will modify this section to reference Subpart E. Northwest/

Williams asks whether the required ``total rate'' column applies only

to the maximum rate and whether surcharges, ACA, and GRI charges are to

be included in the ``total rate.''

\25\Ninth Revised Sheet No. 15 to its FERC Tariff Second Revised

Volume No. 1.

---------------------------------------------------------------------------

Section 284.7(d)(5) requires that rate schedules filed under that

section must state a maximum and minimum rate. Therefore, the summary

of rates must show the total maximum and minimum rates. It is

preferable for all surcharges to be added into the maximum rate and, if

appropriate, into the minimum rate. However, it has been the

Commission's past practice, in appropriate cases, to accept summaries

of rates in which the GRI surcharge is noted in a footnote at the

bottom of the summary rate sheet but not added into the total rate.

This has been acceptable since the GRI surcharge does not necessarily

apply to all transactions under a rate schedule. The reverse is

accepted also--the GRI surcharge is listed in a column and added into

the total rate. In this case, a footnote states the GRI surcharge is

not applicable in certain circumstances.26 To a lesser degree, the

same can be said of the ACA surcharge. The Commission will not depart

from past practice on this issue. The regulations will be modified to

allow the ACA and GRI surcharges to be noted in a footnote. If the

footnote option is elected, the charges must be stated in the footnote,

it must be clear when the charges apply,27 and the footnote must

indicate that these charges are added to the total stated rate.

\26\Northwest's summary of rates reports the GRI and ACA

surcharges in separate columns and adds the charges into the total

rate, where appropriate. Williams, in contrast, states the level and

applicability of the GRI and ACA surcharges in footnotes on its

summary of rates but does not include them in the total rate.

\27\A reference to the section in the tariff where the

applicability of the surcharge is explained is acceptable.

---------------------------------------------------------------------------

Columbia, AGD, and APGA are in favor of the requirement to state

rates in thermal units. APGA points out that many of its members and

most LDCs bill their retail customers on the basis of units of volume.

The use of units of heat content has been the standard measure for

pipelines for some time.

Great Lakes requests that the Commission clarify that, for

pipelines whose rates are currently stated on a volumetric basis,

inclusion of a statement of rates in thermal units should take place in

the pipeline's next section 4 rate case. Great Lakes also asks that the

Commission clarify whether ``thermal units'' refers to dekatherms or to

some other measurement. NGSA recommends that the rates be stated on the

same basis (Mcf or MMBtu) as they are charged, with the units clearly

[[Page 52969]]

labeled. NGSA maintains that the proper unit for stating rates has been

and can continue to be determined on an individual pipeline basis.

NGSA is opposed to a generic rulemaking which mandates the use of a

standard unit of measure in rate case filings at this time. NGSA states

that rates and tariffs should be stated in the same units as charged.

NGSA states that calculating the rates based on one unit of measurement

and then converting those rates to a different unit of measurement for

billing purposes creates confusion. Further, NGSA states, some

pipelines and shippers have negotiated private contracts based on an

``Mcf'' basis of measurement. NGSA states that the proposed requirement

is a substantive change in the Commission's rate policy which was not

the purpose of this rulemaking. NGSA states that in order to protect

the due process rights of all parties, any Commission imposed change in

measurement standards should be implemented on an individual pipeline,

on a prospective basis, when the pipeline files its next major rate

case. NGSA states that conversion to the thermal units will not be a

simple process. Therefore, NGSA states, parties should be able to

present the issues of material fact brought about by such conversion in

the context of a full evidentiary hearing, wherein disputes as to the

methodology of conversion may be resolved.

Kern River objects to the proposal and states that changing

measurement standards at this time from volumetric to thermal would be

a substantive change and would needlessly put it to the expense of

converting its tariff, contracts, and business systems. Whittier adds

that, at a minimum, individual pipelines, like Kern River should be

permitted to be exempt, if the thermal billing mandate would impair

individual shippers. Kern River states that if the final rule requires

billing unit uniformity, then the new Sec. 154.107 should be modified

to require only volumetric billing units.

Whittier states that volumetric billing is good policy because

volumetric rates; (1) Equitably allocate to shippers the capital and

operating cost of the pipeline on the basis of the units actually

transported; (2) allow shippers efficiently to use their contracted

space to transport as many Btu's as the quality specifications allow,

and gas suppliers are able to optimize the economic efficiency of their

own facilities by making the economic decision whether to leave

liquefiable hydrocarbon gases in the gaseous form and transport them in

the gas pipeline or to incur the cost of extracting and marketing them

as liquids; and (3) allow the appropriate costs to be divided by the

appropriate throughput in volume units. Whittier argues that there is

no reason for a commodity to be transported on the same basis that it

is purchased.

Whittier states that forcing pipelines that are content with

volumetric-based rates to change to thermal-based rates would be making

a substantive change in the contracts of shippers on pipelines that

measure and bill on a volumetric basis. Whittier states that this could

result in reopening contracts and rates.

Chevron, Whittier, and Kern River recommend deletion of the word

``thermal'' so that the proper unit for stating rates can continue to

be determined on an individual pipeline basis.

A significant majority of pipelines state their rates on the basis

of either MMBtu or Dth. Only a few pipelines continue to state their

rates in Mcf.28 The Commission earlier adopted the MMBtu

measurement base for all reports submitted under part 284, in

Sec. 284.4. The change to the regulations in this rulemaking expands on

the Commission's earlier action and reflects the prevalent practice in

the industry. The Commission recognizes that some companies perceive a

hardship in switching from Mcf to Dth or MMBtu. However, the Commission

also recognizes the ongoing industry concern with standardizing certain

practices as expressed at the EBB conference held on September 21,

1995. Standardizing industry practices, such as stating rates in

thermal units, facilitates cross-pipeline business. Accordingly, the

Commission will maintain this standard in the regulations. However, in

light of the difficulties expressed by some pipelines, the Commission

does not intend to actively enforce this section until one year after

the effective date of this rule.

\28\Approximately a dozen pipelines continue to state their

rates in Mcf. Another five state their reservation rates in Mcf but

state their usage rates in Dth or MMBtu.

---------------------------------------------------------------------------

NGSA recommends that the rate sheets should state the amount of

each applicable surcharge and include a citation to the docket in which

such surcharge level was accepted by the Commission. The Commission

will not adopt NGSA's suggestion that the summary statement of rates

include the citation to the docket in which each surcharge level was

accepted. This would add a great deal of complexity to the summary

statement of rates. The information NGSA is interested in is available

publicly. Since comments in this docket were filed, the Commission

provided access to each company's electronic tariff sheets on the

Commission's bulletin board system.29 Each tariff sheet which is

not pending contains the citation to the order which acted on the

tariff sheet. With some careful checking, a researcher can identify

each tariff sheet containing a surcharge change and readily identify

the order acting on that sheet.

\29\Pipelines began filing electronic versions of their tariff

sheets with tariff sheets effective November 1, 1989. Some of the

tariff sheets filed early in the process are contained in separate

archive databases.

---------------------------------------------------------------------------

h. Section 154.108 Composition of Rate Schedules. Section 154.108

replaces current Sec. 154.38. Current Sec. 154.38(d)(4), Refunds, is

moved to Sec. 154.501. Current Sec. 154.38(d)(5), RD&D, is moved to

Sec. 154.401. Current Sec. 154.38(d)(6), ACA expenditures, is moved to

Sec. 154.402. Current Secs. 154.38(d) (1) and (2) are revised and moved

to Sec. 154.107. Current Sec. 154.38(d)(3) is moved to Sec. 154.3.

Current Sec. 154.38(e), minimum bill, is deleted.

Williston objects to the requirement that pipelines provide a

description of the calculation of the monthly charges for each rate

component. It argues this would cause a pipeline's tariff to become

even more voluminous and onerous without serving any useful purpose.

Williston requests that the Commission eliminate this proposed

requirement.

Section 154.108 merely formalizes current practice. Virtually all

current tariffs include a section in the rate schedules explaining how

the rate is to be applied to derive monthly billings. This section of

the tariff is essential to determining the accuracy of a shipper's

bill. Under current practice, this section provides both a textual

description of the components of the rate and the mathematical method

to determine charges each month. The Commission notes that almost all

pipelines appear to comply with this regulation already.

i. Section 154.109 General Terms and Conditions. Section 154.109

replaces current Sec. 154.39. The company's discounting policies are

added to the tariff.

AGD, NI-Gas, and the LDC Caucus support the proposed requirement

that the pipeline set forth in its tariff its discount policy and the

order in which each pipeline charge will be discounted. The LDC Caucus

states that this would assist customers in ensuring that the pipeline's

discount policy is consistently applied and that adjustment to rates to

reflect discounted revenues are proper.

[[Page 52970]]

INGAA supports a requirement of providing broad policy statements

by pipeline companies concerning nondiscriminatory discounts but

objects to disclosure of management policies or any specific order in

which rate components would be discounted. The statement specifying the

order in which each rate component will be discounted must be in

accordance with Commission policy. This proposed regulation could be

interpreted to require pipelines to disclose the order in which each

rate component will be discounted. This portion of proposed

Sec. 154.109(c) reduces pipeline rights and flexibility as granted in

Order Nos. 436 and 500. Great Lakes, Columbia, KN, MRT, and Panhandle

concur.

Panhandle and Great Lakes state that a company's discount policy is

commercially sensitive information. Disclosure of this information may

interfere with a pipeline's ability to compete in the marketplace,

thwarting the Commission's goals in Order No. 636 to foster competition

and provide natural gas transportation service to the customer which

values it most. Great Lakes submits that a general statement of policy

will meet the Commission's intent without requiring the disclosure of

commercially sensitive information.

Columbia argues the proposed requirement is too broad. Columbia

notes that pipelines are already subject to nondiscriminatory standards

with respect to the granting of discounts, and must post/disclose

discounts to affiliates. Columbia requests deletion of this requirement

to the extent it requires setting forth the ``manner'' in which rates

are discounted.

KN fears that this provision would allow each pipeline to review

the discounting policies of other pipelines that compete with it for

business. KN states that the disclosure rule would serve to reward

those pipelines that are evasive or simplistic in their policy

statements and would punish those that are more descriptive or

detailed. KN states that there is no valid competitive purpose served

by compelling pipelines to reveal all their discount policies.

MRT fails to see the relevance of this provision. MRT states that

pipelines already file discount reports and report marketing affiliate

discounts on their Electronic Bulletin Boards. MRT states that this

provides sufficient information for both the Commission and the

pipeline's customers to monitor the discounts a pipeline is granting.

Great Lakes also states its opposition to the proposed section

requiring the pipeline to state in its general terms and conditions its

policy for financing and constructing laterals. Great Lakes states that

pipelines must be able to evaluate each proposal to finance and

construct lateral facilities on a case-by-case basis. Great Lakes

states that no set policy can contemplate all of the factors which

contribute to a pipeline's decision to finance and construct these

facilities. Great Lakes states that a pipeline's decisions with regard

to laterals are public knowledge since the financing, cost, location,

and customer information related to the construction of any lateral

facilities are disclosed in a pipeline's certificate application. Great

Lakes state that the Commission and others have the ability to

determine whether or not a pipeline is unduly discriminatory in its

decision regarding the financing and construction of laterals and so,

proposed Sec. 154.109(b) is not necessary for regulatory purposes.

Section 154.109(c) merely formalizes the Commission's policy on

recognition of discounts as enunciated in Natural.30 Under the

policy, the pipeline must recognize discounts in a specified order. The

first item of the overall reservation charge discounted will be the GRI

surcharge (for member pipelines), followed by the base rate reservation

charge, Account 858 or other Order No. 636 transition cost surcharges,

and, last, all GSR reservation surcharges. Other non-transition

reservation surcharges will be attributed as agreed by the pipeline and

its customers in individual proceedings.31

\30\Natural Gas Pipeline Company of America (Natural), 69 FERC

para. 61,029, (1994), reh'g, 70 FERC para. 61,317 (1995). Policy

applied in ANR, 69 FERC para. 61,322 (1994), and Tennessee, 69 FERC

para. 61,094 (1994). Policy applied to interruptible transportation

in Southern, 69 FERC para. 61,093 (1994), and MRT, 69 FERC para.

61,112 (1994).

\31\In Algonquin Gas Transmission Company, 69 FERC para. 61,105

(1994), the Commission clarified its policy with respect to

surcharges designed to collect costs in Account No. 858. If the

Account No. 858 costs at issue are not Order No. 636 transition

costs, but relate to upstream capacity retained by the pipeline for

operational use and are embedded in the pipeline's base rates, the

policy announced in Natural does not apply.

---------------------------------------------------------------------------

In adopting the policy in Natural, the Commission saw the need for

a generic methodology to recognize discounts in a transition cost

recovery filing. The Commission enumerated the advantages of its policy

as follows:

Maximize the pipeline's recovery of transition costs from

its discounted customers,

Minimize the need for a subsequent true-up to implement

the Commission's policy of permitting full recovery of transition

costs,

Ensure transition costs are spread as evenly and widely as

possible, and

Minimize discount adjustments in periodic filings.

The requirement, in Sec. 154.109(b), for a general statement of the

pipeline's policies on laterals formalizes the Commission's policy of

assuring that laterals are built on a non-discriminatory basis. By

placing the general policy in the tariff, parties may more effectively

monitor its application.

j. Section 154.110 Form of Service Agreement. Section 154.110

replaces current Sec. 154.40 with the addition of receipt points as an

item for insertion on the form when appropriate.

k. Section 154.111 Index of Customers. Section 154.111 replaces

current Sec. 154.41, Index of Purchasers, but with applicability

specifically limited to natural gas activities not subject to part 284

of this chapter. The Commission has expanded the Index of Customers to

include all firm transportation services and contract demand for each

customer for each rate schedule. In the order issued in Tennessee Gas

Pipeline Company's restructuring proceeding,32 the Commission

clarified that current Sec. 154.41 is not limited to the requirement to

file sales-related information. The changes here make that

interpretation explicit. Some pipelines have provided contract demand

information on a voluntary basis before this. The information has

proven valuable to the Commission in analyzing pipelines' filings and

in eliminating additional requests for information.

\32\Tennessee Gas Pipeline Company, 65 FERC para. 61,224 (1993).

---------------------------------------------------------------------------

Pipelines that offer services under part 284 of this chapter,

exclusively or in addition to services authorized under part 157 of

this chapter, must comply with the requirements in the companion

rulemaking instead of this provision. In the companion rulemaking,

pipelines providing service pursuant to part 284 of this chapter,

provide an Index of Customers on their electronic bulletin board (EBB).

As an interim measure, we will require pipelines providing

transportation service under part 284 to comply with the Index of

Customers requirements as set forth in Sec. 154.111 until the

electronic index is implemented.

Panhandle recommends that the Index of Customers requirement remain

the same as that contained in the current regulations. Panhandle

objects to the expansion of the index as being anti-competitive.

Panhandle objects to the inclusion of the term of each contract,

arguing the duration of the contract is sensitive information. Further,

Panhandle believes this

[[Page 52971]]

information serves no valid regulatory purpose.

Columbia objects to the requirement to include contract demand for

each customer for each rate schedule in the Index of Customers.

Columbia believes public disclosure of such commercially-sensitive

information unfairly places pipelines and their customers at a

competitive disadvantage in the marketplace.

AGD supports the provision and suggests that this information

should be provided in both print and electronic media in order to

facilitate its full use by interested parties. AGD recommends that the

regulations be amended to require each pipeline to provide a sum of the

MDQ contract levels by rate schedule, at least in the paper copy of the

index of purchasers. This information is valuable because it

facilitates analysis of billing determinants in rate cases and between

rate cases.

The Pacific Northwest Commenters urge the Commission to continue to

require that the tariff include a reasonably current index of all firm

customers. Pipelines should be required to provide a completely current

customer index on their EBBs--but on a semi-annual basis the pipeline

should still file updated indices or firm customers in their tariffs.

Consistent with the action being taken in the companion rule, the

Index of Customers will include the full legal name of the shipper, the

rate schedule number of the service under contract, the effective date

of the contract, the termination date of the contract, and the maximum

daily contract quantity under the contract.

We will not adopt Columbia or Panhandle's recommendations. As we

note in our companion rulemaking, the index will contain fundamental

data about the natural gas industry--how much of the pipeline's

capacity shippers have under firm contract. This information is basic

to the Commission's understanding of events taking place in the

industry. With this information, the Commission will remain apprised of

trends in the industry, the willingness of shippers to hold firm

capacity, the average length of time capacity remains under contract,

the proportion of capacity rolling over under evergreen provisions,

etc. Pipelines are beginning to deal with complex issues related to

shippers' contracts coming up for renewal in the post restructuring

period.33 The lack of easily accessible data regarding customers'

contract levels and contract terms could hamper the Commission's

ability to assess the impact of this phenomenon on the industry. The

index will provide key data for this purpose. The Index of Customers

which is the subject of this section will be included in the tariff.

Currently, the tariff is filed both electronically and on paper.

Therefore, AGD's suggestion is moot.

\33\For example, Transwestern Pipeline Co. recently filed a

settlement in Docket No. RP95-271-000 to deal with the turn back of

significant amounts of capacity by a key customer.

---------------------------------------------------------------------------

We will not require the pipelines offering service under part 284

to maintain the Index of Customers in both their tariff and on their

EBBs. It is the Commission's intention to reduce the filing burden on

the pipelines. Access to the Index of Customers through a downloadable

file or through the tariff should be sufficient. The Commission will

hold future conferences on the appropriate format for the electronic

Index of Customers.

The language originally proposed in Sec. 154.111 required the index

to be updated coincident with the filing of the Form No. 2 and Form No.

11. At the time, Form No. 11 was proposed to be filed semi-annually. In

our companion rulemaking, we are revising the Form No. 11 and requiring

it to be filed quarterly. In light of the change to the frequency of

the filing of Form No. 11, we will remove the reference to Form No. 11

and modify the language in this section to preserve the semi-annual

schedule originally contemplated.

l. Section 154.112 Exception to Form and Composition of Tariff.

Section 154.112(a) replaces current Sec. 154.52, but deletes those

paragraphs dealing with the sale of gas or purchased gas cost tracking.

Because the requirements of Sec. 154.101 (Form) and Sec. 154.102 (Title

page and arrangements) are applicable, Sec. 154.112(a) does not refer

to those matters.

Section 154.112(a) specifies that special rate schedules for

service under part 157 of this chapter are to be included in FERC

Volume No. 2. Section 154.112(b) mirrors the provision in Sec. 154.1(d)

which requires that contracts that deviate in any material aspect from

the form of service agreement must be filed with the Commission.34

Section 154.112(b) also requires that such contracts be referenced in

FERC Volume No. 1.

\34\The language proposed in the NOPR for Sec. 154.112(b), which

would require the filing of contracts ``that do not conform to the

form of service agreement'' has been changed to be consistent with

the provision of Sec. 154.1(d).

---------------------------------------------------------------------------

m. Miscellaneous Subpart B Comments. AGD commented that proposed

Subpart B should be supplemented to include a provision requiring a

pipeline seeking a rate increase to identify (a) the new rate being

proposed by rate schedule and (b) for each proposed new rate the rate

which represents the refund floor or ``last clean rate.'' AGD states

that this information should be presented in a simple, easy-to-

understand format such as a chart or matrix so that interested parties

can quickly find in one place the rate levels which quantify the

totality of the applicant's rate increase proposal. Pipeline rate

changes are routinely made in response to various factors. Some of the

resultant adjustments are made effective subject to refund. AGD state

that these circumstances have the effect of obscuring the underlying

rate and that AGD's recommendation is intended to simplify the task of

the staff and the pipeline customer in discovering what rate is

proposed and what portion of that rate is already subject to change as

a result of some regulatory contingency.

AGD also suggests that many pipelines follow a practice of

providing to their customers a quarterly statement summarizing the

currently effective tariff sheets. This practice should be required of

all pipelines as it is an efficient mechanism for keeping abreast of

the developments affecting pipeline services.

Subpart B sets out the proper contents of a pipeline's tariff.

AGD's suggested summary appears in Sec. 154.7(a)(6) which requires ``a

summary of the changes or additions made to the tariff'' to be included

in the statement of the nature, the reasons, and the basis for the

filing. Thus, what AGD seeks is already required. No additional

language needs to be added to the regulations.

AGD's suggestion that the pipeline identify the last ``clean rate''

when it proposes an increased rate has merit. The identification will

assist the Commission and other interested parties in determining the

level of potential refunds if the proposed rate is suspended and

ultimately found unjust or unreasonable. It will also alert interested

parties to the fact that the underlying rate may also be in effect

subject to refund. Proposed Sec. 154.7(a) was modified to require that

the letter of transmittal identify the last rate found to be just and

reasonable that underlies the proposed rate.

The NGA requires a pipeline to ``keep open in convenient form and

place for public inspection, schedules showing all rates and charges

for any transportation or sale subject to the jurisdiction of the

Commission, * * *''35 Historically, this provision

[[Page 52972]]

has not been interpreted as requiring pipelines to provide periodic

copies of effective tariffs to each customer. The Commission notes that

much more can be done through electronic means, today. As a result, the

Commission makes available through its electronic bulletin board

system, each pipeline's complete tariff for downloading. As this

information is available through the Commission's EBB, we will not

require the pipelines to send their customers a copy of the pipeline's

current tariff on a quarterly basis.

\35\15 U.S.C. 717c.

---------------------------------------------------------------------------

3. Subpart C--Procedures for Changing Tariffs

a. Section 154.201 Filing Requirements. New Sec. 154.201(a) is a

replacement for current Sec. 154.63(b)(1)(v), Marked Versions of Tariff

Changes. The new section clarifies that changes to both text and

numbers must be marked. New Sec. 154.201(b) is a replacement for

current Sec. 154.63(e)(4), Workpapers and Supporting Data. The intent

of this regulation is to ensure that all mathematical calculations are

complete and logically follow from the first calculation to the last;

so that, anyone attempting to recreate the calculations can do so. This

requirement will also ensure that any numbers that are not directly

from the company's source documents are explained.

Other parts of current Sec. 154.63 are revised and distributed

elsewhere in revised part 154.

Northwest/Williams requests clarification as to when the filing

requirements of subpart C or D apply. The confusion over the

applicability of subparts C and D turns on the inclusion of the section

titled ``Changes in rate schedules, forms of service agreements, or the

general terms and conditions,'' as proposed in subpart D, Sec. 154.301.

Some of subpart C applies to all changes to a tariff or executed

service agreement, such as Sec. 154.201 and the notice, service, and

protest requirements. There are other sections in subpart C which have

a more limited scope, such as the provisions for submission of new rate

schedules, filing of compliance filings, and changes to suspended

tariffs. The subject section is better positioned in subpart C since it

applies when a pipeline submits changes to specific portions of the

tariff. Subpart D applies to changes in rates other than those

described in subparts E, F, G, and H. To avoid any confusion, the

subject section is now Sec. 154.204 in Subpart C.

NI-Gas supports Sec. 154.201(a) but seeks clarification that all

changes be marked, not just substantive changes. The Commission

clarifies that the regulation applies to all changes in text and

numbers whether substantive or not.

Williston states that Sec. 154.201(a) should not apply to maps. The

regulation requires that changes in text and numbers be marked. This

includes text and numbers on pages containing maps. Whenever possible,

text and numbers on maps should be marked in the same manner as text

and numbers elsewhere in the filing. However, the Commission recognizes

that maps are often produced in such a fashion that this is not

practical. In such cases, the text and numbers on maps may be marked in

any clear fashion. Further, the Commission is not specifying any

particular method for marking changes to boundary lines, symbols, and

representative drawings. Such changes may also be demonstrated in any

clear fashion.

NI-Gas supports Sec. 154.201(b). NGSA approves of 201(b) (2) and

(4). Columbia states that while it supports adherence to principles of

disclosure and open communication with Commission staff and parties

concerning calculations and workpapers, Columbia avers that this

regulation is too broad and subjective. Columbia states that the

determination whether the calculations are complete and logically

follow so that anyone can recreate them, is a subjective standard which

is particularly onerous given that an incomplete filing may be rejected

pursuant to Sec. 154.5.

The Commission disagrees with Columbia. It has been the

Commission's experience that pipelines have not always included all of

the calculations necessary to support the proposed rate modification

even though the pipeline must have these calculations in order to

establish the rates in its filing. The lack of these calculations

causes unnecessary delay and raises questions about the filing. It is

impossible for the parties to determine if the proposed rate is just

and reasonable if the calculations are incomplete or unexplained.

Section 154.201(b) serves two purposes: it gives specific guidance

to the pipeline as to what is needed to fulfill the pipeline's

obligation to support proposed rates; and, it gives interested parties

useful information in a timely manner. This regulation should reduce

the necessity for data requests.

Columbia states that if this regulation is promulgated, pipelines

should not be subject to additional data requests about calculations.

Columbia's suggestion is not adopted. The Commission cannot anticipate

all of the information the parties may need in a rate case. It would be

improper to generalize that, under any circumstances, no pipeline would

be subject to additional data requests. Eliminating the possibility of

any data requests concerning the pipeline's rate calculations would

restrict the parties' options unnecessarily.

Pacific Northwest Commenters urge the Commission to require that

each filing contain a summary customer impact comparison setting forth

the amounts paid by customers under the current rates based on the most

recent test period determinants compared to what they would pay under

the proposed change based on the same determinants. Statements G-1 and

G-2 provide this information. The Commission will not require the

pipeline to provide an additional customer impact comparison. There

should be sufficient information available through the filing to allow

each customer to conduct its own comparison.

Pacific Northwest Commenters request that the current provision in

Sec. 154.63(e)(1) that pipelines include material reflecting rate

fixing adjustments in accord with Commission orders be included here.

AGD recommends that the regulation require a description of any Dth-

mile study relied upon by the applicant for the rate change.

The regulations already require that the pipeline provide

documentation to support proposed changes. It is not necessary to list

each and every document that might be needed for such support. It is

the pipelines' responsibility to provide the documents that prove that

its proposed rate change is just and reasonable.

The Commission modified proposed Sec. 154.301(c) to reinstate the

original language regarding alternate material reflecting rate fixing

adjustments. A regulation requiring a description of the Dth-mile study

will not be adopted.

b. Section 154.202 Filings to Initiate a New Rate Schedule. New

Sec. 154.202 replaces current Sec. 154.62. The new section does not

apply to initial executed service agreements. Very little data is

currently required to support an initial rate schedule or executed

service agreement. Because many services are now provided under blanket

authorizations, there is no review prior to the tariff filing. Thus,

the current filing requirements are no longer consistent with the needs

of the Commission for reviewing new rate schedules. The new section

relates to the requirements for a new rate schedule under the blanket

authority granted under part 284 of this chapter as well as to other

initial filings.

NI-Gas states that Sec. 154.202(a)(1)(iv)(B) should be expanded to

include information on

[[Page 52973]]

surcharges and crediting. On the other hand, Williston states that

Sec. 154.202(a) should be deleted because it requires filing data not

previously required, is burdensome, and prolongs review by staff.

Section 154.202(a) requires the pipeline to file basic information

about the proposed service which the Commission needs to know to make

an informed and timely decision. The current regulations are adapted

for individually certificated services where the information would be

provided in the certificate proceeding. Section 154.202(a) recognizes

the transition from individually certificated services to blanket

certificates. It requires less information than previously required for

an individual certificate application. It is designed to provide

Commission staff and others with enough information to review the rates

and charges for an initial service or service provided under a blanket

certificate authority. By requiring pipelines to submit this necessary

information when they make their initial filing, the Commission avoids

the need to formulate data requests which only delay the proceedings.

NI-Gas' interest in the applicability of surcharges to the new

service is understandable. However, no modifications to the proposed

regulations are necessary to accomplish NI-Gas' goal. Section 154.107

requires all surcharges applicable to a service to be displayed on the

tariff sheet showing currently effective rates. If a new rate is

proposed for the new service, a separate line or lines will appear on

this tariff sheet. All applicable surcharges would be displayed in

separate columns as provided under Sec. 154.107(d). Therefore, the

surcharges applicable to the new service would be discernible. The

Commission does not believe it is necessary to expand the list under

proposed Sec. 154.202(a)(1)(iv) to list all of the possible affects of

a new service upon existing shipper services since the regulations

state that information is to be provided is ``including but not limited

to'' the specific information noted. Any additional affects on existing

service would be covered by this inclusive phrase.

Panhandle states that the regulation should be clarified to

establish that only where a pipeline is proposing to change a rate

previously established in the section 7 proceeding should there be a

section 4 obligation. Section 154.202(b) states that where a rate,

service, or facility is certificated under section 7, the tariff sheets

filed to implement the terms of the certificate must comply with the

requirements for compliance filings. No change needs to be made to the

regulations to accommodate Panhandle's position. This regulation

creates an obligation applicable to initial rates and rates and charges

for services under a blanket authorization. Any proposed rate or charge

that differs from the rate or charge approved in a section 7 proceeding

is governed by Sec. 154.202(b)(2).

c. Section 154.203 Compliance Filings. Section 154.203 is a new

section addressing filings that are made to comply with a Commission

order. Filings made to comply with Commission orders must include only

those changes required to comply with the order. Such compliance

filings must not be combined with other rate or tariff change filings.

A compliance filing that includes other changes or that does not comply

with the applicable order in every respect may be rejected.

APGA and NI-Gas support this regulation.

Pacific Northwest Commenters states that compliance filings should

be designated and noticed as such, and recognized as not mandating

action within 30 days. The form of notice now requires the pipeline to

designate compliance filings.

CNG believes that Sec. 154.203(b) lacks flexibility. CNG states

that an alternate or creative response to a Commission requirement may

obviate the need for a rehearing request or court appeal. CNG argues

that including related rate or tariff changes in a compliance filing

saves parties time and money. On the other hand, Brooklyn Union

requests confirmation that compliance filings that do not conform to

the applicable order in all respects will be rejected.

The regulation states that a compliance filing that includes other

changes or that does not comply with the applicable order in every

respect ``may be rejected.'' In practice, the Commission regularly

rejects filings that go beyond the order. The Commission chose not to

use the phrase ``will be rejected'' in order to allow for some

flexibility to accommodate minor variations in special and rare

circumstances. However, the Commission will not accept any compliance

filing that contains any substantive difference from the underlying

order.

d. Section 154.204--Changes in Rate Schedules, Forms of Service

Agreements, or the General Terms and Conditions. Section 154.204

provides distinct requirements for filings to change rate schedules,

forms of service agreements, or the general terms and conditions of a

tariff.36 Such filings must explain the necessity for the change

and the impact on existing customers.

\36\This regulation appeared in the NOPR as Sec. 154.301.

---------------------------------------------------------------------------

NI-Gas states that the inclusion of the information required in

Secs. 154.204 (b) and (c) will help in the timely analysis of tariff

changes by interested parties.

NDG supports the proposed requirement that the filing company must

include with its filing an explanation of why the proposed change is

necessary and the impact on existing customers. NDG also believes that

several additional filing requirements would further improve the rate

review process, including requiring the distribution of workpapers

provided to FERC staff in support of a filing to customers. Pipelines

should be required to (1) allow interested parties to notify the filing

pipeline that they wish to receive a copy of the workpapers on the

filing data, and (2) include with the copy of the filing served on

interested parties a notice describing the content of the workpapers.

It is unclear to what workpapers NDG refers. All workpapers

referred to in Sec. 154.204 are to be submitted as part of the filing.

Thus, the pipeline is already required to submit all workpapers.

Generally, Columbia does not object to the requirements of this

section. However, Columbia believes that much of the requested

information is irrelevant to many tariff filings e.g., workpapers

showing the estimated effect on revenues and costs over a 12-month

period.

The requirements of Sec. 154.204 are generally applicable. Further,

the specific requirement to which Columbia refers has been a

longstanding requirement for filings for changes other than in rate

level.37 However, if a particular requirement does not happen to

apply, a statement to that effect is all that is necessary.

\37\See Sec. 154.63(b)(2).

---------------------------------------------------------------------------

e. Section 154.205 Changes Related to Suspended Tariffs, Executed

Service Agreements or Parts Thereof. Section 154.205 replaces current

Sec. 154.66.38 The change adds two exceptions to the rule

prohibiting tariff filings during a suspension period. The exceptions

are ``changes made under previously accepted tariff provisions

permitting periodic limited rate changes'' and ``accepted limited rate

changes.'' Section 154.205 recognizes that the Commission allows

periodic limited rate changes pursuant to accepted tariff

[[Page 52974]]

provisions and ACA and GRI surcharge changes to take place during the

period of suspension. This reflects current Commission policy.

\38\This regulation appeared in the NOPR as Sec. 154.204.

---------------------------------------------------------------------------

Williston commented that the provision in current Sec. 154.66

providing that a proposed tariff or executed service agreement may be

withdrawn during the suspension period with special permission should

be retained. That provision has been reintroduced into the final rule.

f. Section 154.206 Motion to Place Suspended Rates Into Effect.

Section 154.206 replaces current Sec. 154.67(a).39 Current

Sec. 154.67(b), Reports, is deleted. This section requires that, when

rates have been suspended for more than a minimal period and the

Commission has ordered changes or the rates include costs of facilities

that are not in service, the motion to place suspended tariff sheets

into effect must be filed at least one day prior to the date the sheets

are to take effect. A motion is required where: The Commission has

ordered changes; the rates include facilities that are not in service;

or, the transmittal letter specifically reserves the pipeline's right

to file a motion.

\39\This regulation appeared in the NOPR as Sec. 154.205.

---------------------------------------------------------------------------

Section 154.7(a)(9) adds a new provision whereby the transmittal

letter must include either a motion to place suspended rates into

effect, or a specific statement that the pipeline reserves its right to

file a later motion. If the pipeline includes a motion in its

transmittal letter, then the proposed rates will go into effect at the

end of the minimal suspension period. If the pipeline specifically

states that it reserves its right to file a later motion, then the

proposed rates will go into effect only after such later motion is

filed. Also, if a pipeline fails to comply with Sec. 154.7(a)(9) by not

including either a motion or a statement, the proposed rates will not

go into effect until the pipeline files a motion.

APGA requests that Sec. 154.206(a) be amended to make the form of

motion clear. However, the Commission does not believe that it is

necessary to standardize such a motion.

The NOPR had proposed that when rates have been suspended for more

than a minimal period and the Commission has ordered changes or the

rates include costs of facilities that are not in service, the motion

to place suspended tariff sheets into effect must be filed no less than

30 days nor more than 60 days prior to the date the sheets would take

effect. Columbia commented that the proposed requirement would cause

pipelines to estimate test period data for that portion of the test

period occurring after the date the pipeline must make the motion rate

filing. Columbia stated that this would only be acceptable if the

Commission accepted such estimates as of the end of the test period.

CNG and Columbia recommended no change to the current practice of

allowing pipelines to file motion rates one day before the effective

date. CNG commented that the current rules work well but the proposed

rule would require pipelines to rely on estimated plant balances in

determining the level of plant in service at the end of the test

period. Further, CNG stated, the pipeline would be unable to determine

the status of negotiations 30 days in the future, and would be

compelled to move to make the rate increase effective at the earliest

possible date. In the alternative, CNG states, the longest notice

period should be 6 to 10 days.

In light of these comments, the revised regulation has been

modified to be consistent with the current practice of allowing

pipelines to file motion rates one day before the effective date.

However, individual suspension orders may require pipelines to make

compliance filings earlier, to reflect changes required by the

Commission.

Columbia states that Sec. 154.206(c) should not state ``for less

than one day,'' but ``for one day.'' JMC suggests a change to ``one day

or less.''

Pacific Northwest Commenters suggest that the Commission retain the

motion filing requirement for all suspensions of more than one day and

delete the requirement for suspensions of one day or less. To comply

with section 4 of the NGA, Pacific Northwest Commenters argue that the

Commission should issue an express blanket grant of a motion for any

filing suspended for one day or less. Pacific Northwest Commenters

state that this approach would recognize the past practice of generally

suspending rate increases for 5 months and other changes for less than

one day. Thus, a pipeline could delay implementation where parties are

resolving issues through negotiation. Pacific Northwest Commenters

state that automatic implementation of a rate increase would restrict

this flexibility.

JMC supports the proposal to formalize the Commission's practice of

not requiring a motion when rates are suspended for a minimal period.

Panhandle states that the NGA requires that suspended rates only go

into effect upon motion by the pipeline. Panhandle recommends that when

the suspension period is minimal, the regulations should recognize that

the transmittal letter constitutes the requisite motion unless the

pipeline reserves the right to file a separate motion. This

recommendation has not been adopted. Unless the pipeline reserves the

right to file a separate motion, it must include a motion in the

transmittal letter.

JMC requests clarification that rates for separate, distinct

classes of customers need not be suspended for the same time period nor

be combined together for purposes of determining whether the proposed

rate is a decrease or increase. The Commission's policy is that

customers should only pay for the services they receive. Rates need not

be aggregated for the purpose JMC suggests.40

\40\See Tennessee Gas Pipeline Company, 62 FERC para.61,250 at

62,642 (1993).

---------------------------------------------------------------------------

The revised regulation is consistent with current Commission

practice and the purposes of the NGA. Section 4(e) of the NGA

authorizes the Commission to suspend operation of a schedule and defer

the use of a rate pending a hearing ``but not for a longer period than

five months beyond the time when it would otherwise go into

effect.''41 If the proceeding has not been concluded and an order

made at the expiration of the suspension period, the proposed change

shall go into effect ``on motion of the natural gas company making the

filing.''42 The NGA continues that refunds may be ordered ``where

increased rates or charges are thus made effective.''43

Historically, the Commission has considered the suspension of a rate as

a necessary step to assure that refunds may be ordered when

appropriate.

\41\15 U.S.C. 717c(e).

\42\Id.

\43\Id.

---------------------------------------------------------------------------

When the maximum five month suspension is applied, the earliest the

rates will become effective is on the day after the date the motion

filing is made. Where the rates have been suspended for the maximum

period, there is sufficient time for the pipeline to modify its

proposal, if necessary, and file the motion. However, as a practical

matter, where rates have been suspended for a minimal period as allowed

under the statute, a hearing could not possibly be concluded by the

expiration of the period. This regulation allows the pipeline to

specify whether or not the filing itself acts as a motion.

g. Section 154.207 Notice Requirements. Section 154.207 replaces

current Sec. 154.22 and Sec. 154.51.44 The new section applies

only to proposed changes. Reference to former Sec. 154.5,

[[Page 52975]]

which is no longer in part 154, is removed.

\44\This regulation appeared in the NOPR as Sec. 154.206.

---------------------------------------------------------------------------

h. Section 154.208 Service on Customers and Other Parties. New

Sec. 154.208 formally requires the filing company to serve its

customers and state regulatory commissions on or before the filing

date.45 The regulation requires that all customers and state

commissions receive an abbreviated form of the filing. Customers and

state commissions with an interest may then request a full copy. The

pipeline must provide the full copy within 48 hours. However, pipelines

must comply with any customer's standing request to receive a complete

filing as the initial served filing.

\45\This regulation appeared in the NOPR as Sec. 154.207.

---------------------------------------------------------------------------

The NOPR invited comments on whether the informational needs of

customers and state regulatory commissions would be adequately

fulfilled if the filing company was only required to serve the

transmittal letter and provide the rest of the filing upon request.

Some pipelines have used this procedure recently to minimize the costs

of reproduction and mailing where their lists of shippers are quite

large.

MRT, El Paso, NGSA, and NET support serving only a transmittal

letter to customers and state commissions on or before the filing date

with complete copies provided on request. They state that serving

complete copies wastes pipeline resources and annoys customers that are

not interested.

Columbia states that it is unduly burdensome to serve all filings

on all customers and suggests that the regulation be modified to

require service upon firm customers on the filing date. Columbia states

that such service along with the form of notice pursuant to

Sec. 154.209 is sufficient to assure adequate notice.

AF&PA, Arizona Directs, AGD, Industrials, and New York oppose

allowing pipelines to fulfill service by a transmittal letter. APGA

states that the service of only the transmittal letter would be neither

desirable nor lawful. APGA states that without a complete statement of

proposed rates, the notice is not meaningful.

Michigan and MoPSC state that state commissions should receive the

full filing.

Michigan states that, considering the time restraints in which the

Commission must act and the delay of requesting full service, the

burden to request full service should not be on the parties.

Michigan, MoPSC, and New York suggest that the Commission require

pipelines to provide state commissions and customers with notice of a

filing 30 days prior to the filing date.

Michigan and New York would like the pipelines to be required to

serve both the state commission and the designated counsel by the next

day.

Pacific Northwest Commenters points out that ``service'' under

Sec. 385.2010 (Rule 2010) may consist of merely depositing the filing

in the mail which may take 3 or 4 days for delivery. To assure that

customers get more timely notice and may prepare more complete comment

and analysis, they suggest that pipelines be required to certify that

arrangements have been made to assure receipt by customers no later

than the next business day, that customers elect whether to receive

full service or just transmittal letters, and that customers be able to

designate two representatives to receive service. They also request

that the Commission require pipelines to provide service of orders in

specific cases in lieu of Commission service.

APGA requests a requirement that pipelines must, at the request of

a customer, provide next-day service to attorneys or consultants

designated by customers.

AGD states that the regulation should require simultaneous service

upon the Commission and all customers except those known to prefer

transmittal letter service.

Columbia Distribution and NDG do not oppose offering the customers

the option of receiving a transmittal letter instead of the full

filing, however customers should be able to place a standing request

for complete filings by the next day.

Panhandle proposes that firm customers and state commissions

receive full service at the time of filing but that interruptible

customers receive an abbreviated service consisting of: The letter of

transmittal, the Statement of Nature, Reason, and Basis, the changed

tariff sheets, and the Notice. Notice would also be on the EBB.

INGAA and ANR/CIG ask that pipelines be allowed to make an

abbreviated form of service consisting of: The Letter of Transmittal;

the Statement of Nature, Reason, and Basis; the changed tariff sheets;

a summary cost-of-service and rate base; and, summary of magnitude of

change. Customers with an interest may then request a full copy.

El Paso suggests that the service obligation be fulfilled by

posting on the EBB.

In light of the responses to the NOPR, the revised regulation is a

combination of the alternatives suggested by several commenters and

represents a reasonable middle ground between requiring service of a

complete filing and service of just the transmittal letter. The

pipeline must provide the full copy within 48 hours if requested.

Additionally, the pipeline must comply with any customer's standing

request to receive a complete filing as the initial served filing.

Customers are defined as customers of the pipeline with a contract for

service as of the date of the rate case filing. While reducing the

filing burden to the pipeline, this course assures that all interested

parties receive complete notice adequate to making informed decisions

about the proposal. Also, those parties that desire service of complete

filings can make a standing request for such service in lieu of the

abbreviated and 48-hour follow-up services.

i. Section 154.209 Form of Notice for Federal Register. Section

154.209 replaces current Sec. 154.28.\46\ The modified form reflects

current practice. The form has been changed from that in the NOPR to

distinguish compliance filings that do not require Commission action

within 30 days from the date of filing, from other rate filings.

\46\This regulation appeared in the NOPR as Sec. 154.208.

---------------------------------------------------------------------------

Michigan and New York request that the notice be modified to

contain a brief narrative discussing the financial impact of the

proposed change on each class of service and any conditions of service

affected by the change. Michigan and New York state that filings that

fail to include such notice should be rejected. The Commission rejects

this suggestion. This information can be derived from the filing that

is being noticed. The purpose of the notice is merely to get the

attention of interested parties who may then review the full filing.

NI-Gas states that the form of notice should also include the name,

address, telephone number, and FAX number of a contact person. This

information is on the title page of the filing and does not need to be

in the notice.

The NOPR invited comments on whether the Federal Register notice is

useful and should be retained in addition to the Commission's

electronic notice. Columbia, Consumers Power, UDC, and Northwest/

Williams state that the Federal Register notice is useful and should be

retained in addition to the Commission's electronic notice. El Paso

recommends that, if paper copies of filings are required, the Federal

Register notice should be the only document served on customers. The

full filing would be available on the EBB. SoCal prefers the Commission

CIPS as the

[[Page 52976]]

source for postings rather than the Federal Register.

Generally, these comments indicate that the Federal Register notice

is useful and should be retained in addition to the Commission's

electronic notice.

j. Section 154.210 Protests, Interventions, and Comments. Section

154.210 replaces current Sec. 154.27.47 The intervention, comment,

and protest periods are to be standardized as has been the practice

with oil pipeline tariff filings. Interventions, comments, and protests

must be filed within 12 calendar days of the filing date and comments

must be filed at the same time as interventions and protests.

\47\This regulation appeared in the NOPR as Sec. 154.209.

---------------------------------------------------------------------------

The NOPR had proposed that the interventions, comments, and

protests be filed within ``10 days'' of the filing. Many commenters

objected to changing from the former 15-day time period and argued that

more time was needed to adequately review the more complete initial

filings. Numerous alternatives were suggested for comment periods

ranging from 10 to 30 days. The Commission has balanced the need to

allow sufficient time for interested parties to review a filing with

the need for the proceeding to progress swiftly. The use of the 12

calendar day standard achieves this balance.

4. Subpart D--Material to be Filed With Changes

a. Section 154.301 Changes in Rates. Section 154.301 establishes

that subpart D pertains to rate change filings under the cost-of-

service methodology; i.e., all rate change filings except those filed

under subparts E, F, and G.48 Subpart D is applicable to both rate

increase and decrease filings. The current special filing requirements

for ``minor pipelines'' are removed. Section 154.301(c) replaces

current Sec. 154.63(e)(1). Minor rate increase filings, as now covered

by Sec. 154.63(b)(4), and rate decreases have reduced filing

requirements under Sec. 154.313. In addition, proposed changes other

than to rate level must be made under subpart G, discussed infra.

\48\This regulation appeared in the NOPR as Sec. 154.302.

---------------------------------------------------------------------------

NI-Gas strongly supports the proposal that a pipeline must be

prepared to prosecute its case based on the information included with

its original filing. NI-Gas argues that this requirement will help with

the initial review by parties; eliminate the first stage of many

procedural schedules; prevent a pipeline from introducing new

explanations, proposals, and evidence well into the course of a

contested proceeding; and allow more comprehensive Commission review

initially. AGD agrees that these regulations embody the proper approach

to the rate filing process, and argues that there should be no

reluctance on the Commission's part to reject incomplete rate filings

or any pipeline's attempts to supplement rate filings.

Conversely, INGAA believes the regulations severely restrict the

pipeline's ability to defend its submitted rate case. INGAA suggests

removing the word ``solely'' from this section (with regard to

requiring the pipeline to rely solely on its initial filing to sustain

its burden of proof on proposed changes) and broadening the material

that would be admissible in the defense of a rate case. Panhandle

believes requiring the pipeline to rely solely on its initial filing

would actually increase the time and effort required of other parties

and the Commission's staff. Panhandle maintains it is impossible to

anticipate every issue the parties may raise, and that the regulations

could be read to preclude the pipeline from filing supplemental direct

or rebuttal testimony to address issues raised subsequent to the rate

filing.

Similarly, Columbia requests clarification that nothing bars a

pipeline from filing answering and rebuttal testimony in its own rate

case proceedings. Williston also seeks clarification that the filing of

supplemental data by the company is not precluded. The Commission

confirms that this regulation does not interfere with a company's

rights, during a hearing, to respond to opposing testimony and

evidence.

The Commission agrees with the comments of NI-Gas and AGD, above.

Further, the substantial body of rate proceeding case law as well as

the practices that have developed in the prosecution of rate cases

should provide a pipeline with knowledge of what issues must be

developed in its case-in-chief.

Panhandle requests confirmation that Sec. 154.301(c) relates only

to proposed changes, and that the Commission does not intend by

promulgating these new regulations to change the prior holdings of the

courts or the Commission on the burden of going forward or the burden

of proof. Panhandle also requests clarification that matters already

sworn to in the filing need not be addressed again in Statement P.

The requirements found in Sec. 154.301(c) that a pipeline must be

prepared to go forward at hearing and sustain its burden of proof based

on the materials in its filing are the same as those currently in

effect in Sec. 154.63(e)(1), with some editorial changes and will be

interpreted by the Commission in the same way.

b. Section 154.302 Previously Submitted Material. Section 154.302

replaces current Sec. 154.63(c)(1) and (2). A current FERC Form No. 2

must accompany the filing.49

\49\This regulation appeared in the NOPR as Sec. 154.303.

---------------------------------------------------------------------------

NGT requests clarification that this regulation represents no

change in current practice; submission of a copy of the Form No. 2 does

not constitute part of the rate filing for which service may be

required pursuant to Sec. 154.207.

The Commission notes that the language of the revised regulation is

essentially the same as the current section. The Commission clarifies

that the FERC Form No. 2 remains an item by reference and does not

constitute part of the filing for which service is required pursuant to

Sec. 154.207.

c. Section 154.303 Test Periods. Section 154.303 replaces current

Sec. 154.63(e)(2)(i) and (ii). The section has been completely

rewritten.50 The Commission clarifies that the pipeline must

remove from rates moved into effect the cost of any facilities not

certificated (where a certificate is required) and in service as of the

end of the test period.

\50\This regulation appeared in the NOPR as Sec. 154.304.

---------------------------------------------------------------------------

National Fuel requested modification to the NOPR to clarify that

adjustments to the base period may include costs for facilities that do

not require a certificate and are in service by the end of the test

period. Language to that effect has been incorporated into the final

rule.

INGAA contends that Sec. 154.303(c)(2) requires that a plant not

certificated before the end of the test period must be excluded when

motion rates are filed. INGAA states that it is impossible for a

pipeline to estimate when the Commission will issue a certificate in a

pending matter; and therefore, pipelines are forced to exclude the

facilities in the compliance filing yet all other aspects of the

pipeline's activities are updated to the end of the test period.

NGT and Panhandle seek clarification that the new regulations

permit the inclusion of costs of facilities that are expected to be in

service by the end of the test period, regardless of the status of a

pending certificate application. NGT urge that the last sentence of the

revised regulation should be deleted.

INGAA states that the regulation forces pipelines to exclude from

the end of test period analysis of costs for certificated facilities.

INGAA states a

[[Page 52977]]

procedure should be adopted whereby a pipeline may reflect the cost of

facilities in service prior to the end of the test period if the end of

the test period is beyond the effective date of the proposed rates.

NET suggests a clarification that permits adjustments for

facilities for which a certificate application is pending, subject to

the requirement of Sec. 154.303(c)(2) that such costs be excluded if

the facilities are not in service by the end of the test period.

In light of the above comments, the proposed regulation has been

modified to allow adjustments for facilities for which a certificate

application is pending, subject to the requirement of

Sec. 154.303(c)(2) that such costs be excluded if the facilities are

not in service by the end of the test period.

Columbia urges the Commission to consider a more forward looking

test period. That is, allow pipelines to project the more routine cost

items (such as inflation and labor) one year beyond the end of the

current nine-month test period. This comment is, in effect, seeking an

extension of the test period. This the Commission is reluctant to do.

The regulations are constructed so that the rate paid by a customer is

based upon the costs incurred previously by the pipeline for providing

the services to that customer. The adjustment period allows for the

inclusion in rates of costs for items that are not a benefit to the

rate payers at the time of filing but will be within a reasonable time

thereafter. The Commission has set the cut off point for such costs at

9 months past the end of the chosen base period. The commenters have

not shown that this period is unreasonable.

d. Section 154.304 Format of Statements, Schedules, Workpapers, and

Supporting Data. Section 154.304 replaces current Sec. 154.63(c)(3) and

Sec. 154.63(e)(4).51 The Commission requires a narrative

explanation of each proposed adjustment to base period actual volumes

and costs.

\51\This regulation appeared in the NOPR as Sec. 154.305.

---------------------------------------------------------------------------

INGAA states that the requirement to provide accounting workpapers

to support data or summaries reflecting the pipeline's books of account

will place a burden on the companies since the accounting workpapers

could be voluminous. The information should only be provided when

specifically requested by the Commission auditor. This suggestion has

been adopted.

With respect to statements, schedules, work papers and supporting

data, NGSA recommends that the filing format be standardized by

requiring that narrative explanations be placed at the beginning of the

specific statement or schedule to which they apply. To reduce discovery

burden rate case statement updates should be provided to parties

specifically requesting them, as well as to the Commission. This

suggestion has been adopted.

e. Section 154.305 Tax Normalization. Section 154.305 replaces

current Sec. 154.63a with revisions to clarify the section's

applicability.52 Pipelines will continue to be required to use tax

normalization to compute the income tax component of the cost-of-

service and to adjust rate base by accumulated deferred income taxes

related to components of the cost-of-service.

\52\This regulation appeared in the NOPR as Sec. 154.306.

---------------------------------------------------------------------------

f. Section 154.306 Cash Working Capital. Section 154.306 replaces

current Sec. 154.63b.53

\53\This regulation appeared in the NOPR as Sec. 154.307.

---------------------------------------------------------------------------

g. Section 154.307 Joint Facilities. Section 154.307 replaces

current Sec. 154.63(e)(3) with stylistic changes.54

\54\This regulation appeared in the NOPR as Sec. 154.308.

---------------------------------------------------------------------------

h. Section 154.308 Representation of Chief Accounting Officer.

Section 154.308 replaces current Sec. 154.63(e)(5) with only stylistic

changes.55

\55\This regulation appeared in the NOPR as Sec. 154.309.

---------------------------------------------------------------------------

i. Section 154.309 Incremental Expansions. Section 154.309 requires

separate statements and schedules for incremental facilities, including

those with Commission imposed at-risk provisions.56 In some cases,

pipelines maintain independent rate schedules (incremental rates) that

are based on the costs of specific facilities. Separate statements and

schedules for such facilities need to be provided to permit a proper

evaluation of the rates based on the costs of those facilities. When

pipelines have been unable to fully subscribe certain construction

projects, the Commission has permitted construction to go forward with

the pipeline placed at-risk for recovery of the costs associated with

the unsubscribed capacity. Separate statements and schedules for at-

risk facilities need to be provided so that the Commission can compare

the revenue generated from the use of the facilities with the cost of

the facilities, and determine whether to remove the at-risk condition.

\56\This regulation appeared in the NOPR as Sec. 154.310.

---------------------------------------------------------------------------

The Pacific Northwest Commenters object to the requirement that

separate data be provided for major expansions since the pipeline's

last rate case. They are concerned that this provision may impinge upon

the development of policy in Docket No. PL94-4 on the pricing of

pipeline facilities. Pacific Northwest Commenters suggest that until

the Commission announces its policy, it would be better served to limit

the scope of Sec. 154.309 to existing incrementally priced services.

NGSA makes a similar argument.

Since the NOPR was issued, the Commission has issued its policy

statement regarding the pricing of pipeline facilities; and so, Pacific

Northwest Commenters concerns are moot.57

\57\Pricing Policy For New And Existing Facilities Constructed

By Interstate Natural Gas Pipelines, Docket No. PL94-4-000;

Statement of Policy, 71 FERC para.61,241 (1995).

---------------------------------------------------------------------------

Northern Border argues that this section appears to require the

filing of a rate case within a rate case for facilities certificated

with at-risk provisions. Northern Border states that this section

appears to require a complete set of filing exhibits to be created for

each separate at-risk facility even if the at-risk condition is not

likely to be triggered and/or the company is not requesting within a

rate case filing to remove the at-risk provision. Northern Border

proposes that, if an at-risk provision has been triggered or it is

certain to be triggered during a reasonable forthcoming period, then

the company should be required to include in its filing any necessary

information to support it position in that regard.

INGAA seeks clarification that the Commission did not intend for

the pipeline to file separate schedules under Sec. 154.312 and

Sec. 154.313 for each major expansion. INGAA proposes that Sec. 154.309

be eliminated and that the Commission continue the current practice of

including the information in Schedule C. Alternatively, the data

required could be provided in summary form. Columbia does not object to

providing certain summary schedules with respect to incremental and

expansion facilities, but objects to the apparent requirement to

provide a full filing pursuant to Sec. 154.312 and Sec. 154.313.

Columbia supports INGAA's comments and further requests the Commission

clarify what is meant by the term ``major expansion.''

El Paso also argues that the regulations should provide for

flexible exhibits that produce information sufficient to demonstrate

the pipeline's position with respect to incremental, at-risk, and major

expansions since the pipeline's last rate case.

Great Lakes argues that this section: (1) Is premature until the

Commission

[[Page 52978]]

determines its course of action in Docket No. PL94-4; (2) fails to

recognize that each cost may not be separately identifiable; and (3)

magnifies the size of an applicant's filing (in Great Lakes's case, at

least 7 separate sets of schedules and statements would be required).

Great Lakes urges the Commission to delete proposed Sec. 154.309.

TransCanada filed similar comments.

NI-Gas supports the separate reporting of the costs associated with

facilities subject to an at-risk condition. NI-Gas also states that a

pipeline should be required to report the revenues associated with at-

risk or incremental facilities and the reasons why it allocated the

revenues to those facilities, rather than unsubscribed ``general''

system capacity.

The Commission did not eliminate proposed Sec. 154.309 as

requested, but did modify this section in several respects. First, the

Commission deleted the requirement that this section applies to ``every

major expansion since the pipeline's rate case.'' This information may

be too broad and need not be filed with the rate case filing. In this

respect, the Commission notes that Sec. 154.312, Statement O, as

modified by this rule, requires pipelines to list each major expansion

and abandonment since the pipeline's last rate proceeding and provide

the costs by function. This summary data should provide adequate

information for parties in the proceeding to evaluate significant

changes since the last rate case proceeding.

The Commission will require that the pipeline provide a summary

statement that lists the cost-of-service components and revenues

associated with each incremental and at-risk facility in lieu of

separately identifying each cost on the statements and schedules

contained in Sec. 154.312 and Sec. 154.313. However, where applicable,

appropriate cross references to Sec. 154.312 and Sec. 154.313 should be

made. This change eliminates the bulk of the burden imposed by the

section as proposed. The summary statement should provide pipelines

with the flexibility sought by El Paso.

Permitting the summary statement, in lieu of a separate

identification of each cost and revenue contained on the statements and

schedules in Sec. 154.312 and Sec. 154.313, balances the parties' needs

for informative data, but will not be so burdensome as to require a

``rate case within a rate case'' as suggested by some parties.

Lastly, with respect to NI-Gas' request to include revenues

associated with the incremental and at-risk facilities, the pipeline

will need to cross reference the statements and schedules contained in

Sec. 154.312 and 154.313. These sections include the recording of

revenues (For example, Schedule G-4). Therefore, the information sought

by NI-Gas will be provided in the pipeline's filing.

j. Section 154.310 Zones. Section 154.310 requires a cost breakdown

by zone if the pipeline maintains records of costs by zone.58

\58\This regulation appeared in the NOPR as Sec. 154.311.

---------------------------------------------------------------------------

Panhandle commented that proposed Sec. 154.310 and Sec. 154.312

were inconsistent. Proposed Sec. 154.310 required cost-of-service by

zone only if a pipeline proposes a zone rate method, while proposed

Sec. 154.312 appeared to require a cost-of-service for each zone

regardless of the underlying rate method. Panhandle suggested

clarifying language. The Commission agrees with Panhandle. Section

154.310 requires a cost-of-service by zone only if a pipeline maintains

records of costs by zones and proposes a zone rate methodology based on

these costs. Section 154.312, Schedule I-1 (c), has been modified as

proposed by Panhandle.

SoCal states that if the company files for zone rates, whether to

continue existing zone rates or to establish zone rates, a cost

breakdown should be mandatory. However, the Commission does not order

companies to maintain plant accounts and cost-of-service by zone. This

is an election made by the individual company. Section 154.312,

Schedule I-3 (a) requires a company to show how the cost-of-service is

allocated among rate zones by function. This schedule should give SoCal

the information it seeks by zone.

k. Section 154.311 Updating of Statements. The Commission requires

certain Statements and Schedules to be updated, once, 45 days after the

end of the test period.59 This provision has been changed from the

NOPR which required the statements and schedules to be updated,

quarterly, for each month of the test period.

\59\This regulation appeared in the NOPR as Sec. 154.312.

---------------------------------------------------------------------------

In response to comments, the Commission agrees that quarterly

updates are burdensome and will require only one update at the end of

the test period.

Northern Border states that this provision should not apply to

pipelines with cost-of-service tariffs. Because such pipelines do not

rely on test-year adjustments, updates would be burdensome and

unnecessary. This section was created to govern the vast majority of

the regulated entities that do not have cost-of-service tariffs. We

agree that the update is not necessary for a pipeline with a cost-of-

service tariff. Therefore, Northern Border's request for a waiver of

this section is granted.

MoPSC requests clarification that the filing of updated material

for the test period does not amend the company's direct case. MoPSC

contends it is essential that the Commission clarify that the required

filing of updated actuals will not amend/change a company's direct case

and that updates are intended to provide the Commission and interested

parties with additional information to help evaluate the projections

and estimates used by a company in its direct case. The Commission

grants both these clarifications.

l. Section 154.312 Composition of Statements. Section 154.312

replaces current Sec. 154.63(f) with revisions to the statements and

schedules as discussed below.60 Many changes are self explanatory

or merely editorial and are not discussed here.

\60\This regulation appeared in the NOPR as Sec. 154.313.

---------------------------------------------------------------------------

1. Schedule B. INGAA requests that regulatory assets and

liabilities not be listed on Statement B unless entries specifically

are reflected in the computation of rate base.

The Commission agrees with INGAA's comments and clarifies that

regulatory assets and liabilities should only be listed if the pipeline

seeks recovery of these items in the computation of rate base.

2. Schedule C. Columbia states that only the end of base period

balances and test period adjustments and end of the test period

balances should be reflected on this statement. The Commission

disagrees. These beginning balances are currently required and have

proved to be necessary for a complete analysis of the pipeline's plant

and examination of specific plant changes.

NGSA recommends that Account 117 include volumes, as well as costs,

by subaccount and show activity by month for the base period, including

Account 117.4 (gas owed to system gas). NGSA believes this modification

is necessary to track the use of system gas.61 The Commission

agrees with NGSA's recommendation that Account 117 should include

volume data and show monthly activity to track the use of system gas.

In this restructured era, an accurate accounting of system gas is

important for the determination of the appropriate level for storage

gas and of

[[Page 52979]]

capacity retention. Proposed Statement C was modified accordingly.

\61\NGSA in its comments to the companion rule suggested

modifications to the Commission's proposal by retaining Account 117

as ``Base Gas'' and Account 164 as ``Working Gas''.

---------------------------------------------------------------------------

3. Schedule C-1, End of Base Period Plant Functionalized. Schedule

C-1 does not refer to storage facilities as ``underground'' or

``local'' and requires the showing of plant in service by functional

classifications.

INGAA states that the same information is proposed to be required

by both Schedule C-1 and Statement I. INGAA's observation is correct,

proposed Schedule C-1 and proposed Statement I were duplicative with

regards to the requirements to reflect plant by zones and expansions.

Therefore, these requirements have been removed from revised Schedule

C-1.

INGAA and Columbia commented that proposed Schedules C-1 and C-2

appear to break information currently contained only in Schedule C-1

into two schedules. INGAA recommended that proposed Schedule C-2 be

deleted and the information be included in Schedule C-1 in order to

avoid an unnecessary administrative burden.

Proposed Schedule C-1 provided data on the functional gas plant for

the base period. Proposed Schedule C-2 provided data on the functional

gas plant for the test period. The Commission agrees with INGAA and

Columbia that these schedules should be combined in order to avoid

unnecessary administrative burden. Accordingly, Proposed Schedule C-1

has been modified to include the data provided in Proposed Schedule C-

2. Proposed Schedule C-2 was deleted and all subsequent schedules

renumbered.

Columbia states that the only significant data necessary is total

plant in service (as reflected in Account 101, et. seq.) and not data

by Account 300, et seq. Columbia states that the language specifying

that plant in service be detailed by account numbers should be deleted.

The Commission did not adopt Columbia's suggestion. The current

regulations require gas plant in service by plant account. The

Commission has found that account balances for plant in service are

critical to the analysis of changes in gas plant and determination of

depreciable plant.

4. Schedule C-2 (Proposed Schedule C-3). INGAA states that listing

every work order separately will result in unneeded and unhelpful

detail. INGAA suggested grouping by category of items whose cost is

less than a threshold level of $500,000. To reduce administrative

burdens, the Commission adopted INGAA's proposed modification to permit

grouping by category of items where the cost is less than $500,000.

Proposed Schedule C-2 was modified accordingly.

Columbia states that this information is provided in Schedule C-1

as plant adjustments and Schedule C-2 should be eliminated.

The Commission agrees that the plant totals are included in

Schedule C-1 as plant adjustment. However, the details of the plant

adjustments (i.e., work orders) are not reflected. The components of

these plant adjustments provide the data necessary to determine the

accuracy of the proposed plant adjustments and to determine which

additions are pending certificate authorizations.

5. Schedule C-3 (Proposed Schedule C-4). Columbia and INGAA state

that Schedule C-3 requires duplicate information and should be

eliminated because the pipeline customers own the majority of the gas.

This is true for those pipelines whose storage gas is owned by the

customers. However, many pipelines still own a portion of the storage

gas as base and system gas. Those pipelines must report this data.

AGD and Brooklyn Union recommend that this schedule specify: (1)

Monthly storage gas quantities; (2) the term ``storage projects owned''

be defined to include storage projects under contract to a pipeline;

(3) data on customer-owned gas, separately states the amounts held in

Account Nos. 117 and 164; and (4) pipeline owned and contracted storage

volumes be shown separately for Account 117 gas and Account 164 gas.

AGD concludes that these modifications will assist pipeline customers

and Commission staff in analyzing a pipeline's usage of storage

resources.

Modifying the regulations as recommended by AGD and Brooklyn Union

will aid in our investigation of the storage projects. The Commission

clarifies that the term ``storage projects owned'' includes storage

projects under contract to a pipeline. We note that customer-owned gas

is not reflected on the pipeline's books and therefore, is not included

in Account 117. Further, Schedule C-3 must reflect the monthly volume

activity in Account 117 and separately state the amounts and volumes

held in Account 117 for pipeline owned and contracted storage.

Columbia requested that the Commission reestablish the ability to

cross reference Schedule C-3 to FERC Form No. 2. The Commission agrees

that FERC Form No. 2 is an integral part of the Commission's analysis

of the pipeline's filing. Accordingly, the revised regulation

reestablishes a pipeline's ability to cross reference Schedule C-3 with

FERC Form No. 2.

6. Schedule C-4 (Proposed Schedule C-5). Williston states that this

schedule should be eliminated because the requested data is also

provided in FERC Form No. 2. The Commission did not adopt Williston's

suggestion. The Commission agrees with Williston that the information

required on this schedule would be duplicative if the pipeline has not

changed its procedures since it last filed FERC Form Nos. 2 and 2-A.

Therefore, the Commission's clarifies that Schedule C-4 must be

reported only if the pipeline has changed any of its procedures since

the last filed FERC Form Nos. 2 or 2-A.

7. Schedule C-5 (Proposed Schedule C-6). Columbia recommends that

since Accounts 101 and 106 can only be included in a pipeline's gas

operations, this schedule should be eliminated.

Schedule C-5 is reported only if significant changes over $500,000

have occurred since the end of the year reported in the company's last

FERC Form No. 2.

8. Schedule D. Columbia and INGAA recommend that only the base

period adjustments and test period balances be reflected on this

schedule. Furnishing these beginning balances is required by the

current regulations. The Commission has found that the beginning

balance is necessary for the analysis of the pipeline's plant reserve

and examination of specific plant reserve changes.

Columbia states that any authorized negative salvage value

reflected as a separate part of Account 108, should be required only if

the negative salvage value is defined and looking forward. Adopting

Columbia's suggestion would also require creating a separate subaccount

to specifically identify these amounts in the reserve account and

enhance our analysis of the negative salvage account balance and

associated rates. Accordingly, proposed Statement D was revised to

require that any included negative salvage value must be separately

maintained in a subaccount of Account 108.

9. Schedules D-1 and D-2. Proposed Schedule D-1 required actual end

of base period depreciation, depletion, and amortization balances by

functional classifications. Proposed Schedule D-2 required projected

end of test year balances for depreciation, depletion, and amortization

by functional classifications. Columbia and INGAA state that Proposed

Schedule D-2 should be deleted because the information is currently

reported on Statement D.

Proposed Schedule D-1 provides the functional gas plant for the

base period and Proposed Schedule D-2 provides

[[Page 52980]]

the functional gas plant for the test period. The Commission agrees

with Columbia and INGAA that these schedules could be combined in order

to avoid unnecessary administrative burden. Therefore, proposed

Schedule D-2 was deleted and combined with Schedule D-1 and Schedule D-

3 was renumbered as Schedule D-2.

10. Schedule D-2 (Proposed Schedule D-3). Williston states that

this schedule should be eliminated because the data is also provided in

FERC Form No. 2. However, Schedule D-2 (proposed Schedule D-3) is filed

only if a policy change has been made effective since the last annual

report on FERC Form No. 2 or 2-A was filed with the Commission. Thus,

there is no need to make the change suggested by Williston.

11. Statement E. Panhandle proposes to revise the instructions for

Statement E to reinstate the deletion of the gas stored underground. In

response to numerous commenters in the companion rule, the Commission

decided to permit a pipeline, in its next rate filing, to choose either

the fixed asset or the inventory model for storage accounting.

Therefore, all current gas stored underground previously recorded in

Account 164 will be recorded in Accounts 117.2, System Balancing Gas,

and 117.3, Gas Stored in Reservoirs and pipelines-noncurrent. Account

117.2 will be reflected in a pipeline's gas plant on Schedule C. Only

gas for resale from underground stored recorded in Account 117.3 will

be reported in Statement E. No additional recognition will be accorded

system gas in working capital, since no working capital requirement

should result from system balancing. Therefore, Statement E reinstates

the gas for resale underground storage. If a pipeline believes it can

show a working capital requirement for system gas, then the pipeline

can file for cash working capital in accordance with Schedule E-1.

Panhandle states that companies should continue to have the right

to request working capital treatment for other items. The Commission

clarifies that a company has the right to request any working capital

treatment of any justifiable item and the Commission can rule on the

appropriateness of that item based on the evidence presented.

12. Schedule E-3. Northwest/Williams recommend that this schedule

should only be submitted by a pipeline utilizing an authorized PGA

mechanism. The Pacific Northwest Commenters recommend that Schedule E-3

be submitted by any company which utilizes an authorized PGA mechanism

or which utilizes storage for system balancing. In addition, Panhandle

states that the instructions for Schedule E-3 should be revised by

deleting the first sentence restricting this schedule of gas stored

current to applicants utilizing a PGA mechanism.

Currently, there are only two pipelines with authorized PGA

mechanism and these pipelines have no storage. Thus, there is no reason

to maintain this schedule as originally proposed.

Panhandle does not support the change in accounting for storage and

therefore believes current Schedule E-2 should be retained. Since

pipelines may have gas for resale in underground storage, the current

Schedule E-3 will need to be reinstated to allow the reporting of this

gas. Thus current Schedule E-2, Storage Gas Inventory, is reinstated as

revised Schedule E-3.

14. Schedule E-4. NGSA recommends that Schedule E-4 (Storage

Inventory) show and explain the source, pricing, each use of working

gas (i.e., system balancing, working gas for sale, etc.) and be

reconciled to Account 117.3 (injected base gas, recoverable) and

Account 117.4 (gas owed to system gas). NGSA deems this modification

necessary to track the use of system gas. (NGSA in its comments to the

companion rule suggested retaining Account 117 as ``Base Gas'' and

Account 164 as ``Working Gas''.) The Pacific Northwest Commenters

believe that this information on storage inventory will be valuable for

any pipeline utilizing storage to provide system balancing.

The Commission agrees with NGSA's and Pacific Northwest's62

comments that the tracking of system gas is important. The companion

rule allows pipelines to use either the fixed asset model or the

inventory method for storage accounting for system gas included in

Account 117. Thus, system gas will be reported in Account 117.2 will be

accounted for or tracked on Schedule C. Account 117.3 will be reported

on Schedule E-3 and will reflect only gas for resale from underground

storage. No working capital requirement results from Account 117.4.

Therefore, proposed Schedule E-4 is not necessary and will be deleted.

\62\See comments on Schedule E-3.

---------------------------------------------------------------------------

15. Proposed Schedule E-5. INGAA states that proposed Schedule E-5

shows cross-references to other schedules containing the computations

and explanations, and so, this filing requirement should be made

optional to serve pipelines filing a lead-lag study.

Columbia states that the proposed schedule should be consolidated

with Statement E or eliminated because it requires the components of

working capital to be set forth in sufficient detail and contain cross

references to other schedules containing the computations and

components of working capital.

The Commission agrees with INGAA's and Columbia's comments and

incorporated the language of proposed Schedule E-5 into Statement E and

did not promulgate proposed Schedule E-5.

16. Statement F-2. NDG recommended requiring the filing pipeline to

submit a table showing the pipeline's earned rate of return on rate

base and earned return on equity for the base period. Thus, the

Commission and interested parties would be able to (1) evaluate whether

the Commission orders on previous rate filings have enabled the filing

company to earn the Commission authorized return and (2) evaluate the

pipeline's proposed revenue requirements.

The Commission disagrees with NDG's recommendations to modify

proposed Statement F-2. The information can be calculated from data

available in FERC Forms No. 2 and 2-A.

17. Statement G, Revenues, Credits, and Billing Determinants.

Statement G replaces current Statement G (Gas operating revenues and

sales volumes). The revised Statement G is a summary of information on

all jurisdictional services. Statement G must be fil

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Filing and Reporting Requirements for Interstate Natural Gas Company Rate Schedules and Tariffs · 60 FR 52960 | Frix