FERC Notice on Information Collection and Comment Request

Content

ACTION:

Notice of information collection and request for comments.

SUMMARY:

In compliance with the requirements of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A), the Federal Energy Regulatory
Commission (Commission or FERC) is soliciting public comments on the currently approved information collection: FERC-549 (NGPA
Section 311 Transactions and NGA Blanket Certificate Transactions). There are no proposed changes to the collection requirements.

DATES:

Comments on the collection of information are due May 18, 2026.

ADDRESSES:

Please submit comments via email to DataClearance@FERC.gov. You must specify the Docket No. (IC26-17-000) and the FERC Information Collection number (FERC-549) in your email. If you
are unable to file

     electronically, comments may be filed by USPS mail or by hand (including courier) delivery:

• Mail via U.S. Postal Service only, addressed to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426.

• Hand (including courier) delivery to: Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.

Docket: To view comments and issuances in this docket, please visit https://elibrary.ferc.gov/eLibrary/search.

FOR FURTHER INFORMATION CONTACT:

Kayla Williams may be reached by email at DataClearance@FERC.gov, or by telephone at (202) 502-6468.

SUPPLEMENTARY INFORMATION:

Title: NGPA Section 311 Transactions and NGA Blanket Certificate Transactions.

OMB Control No.: 1902-0086.

Type of Request: Three-year extension of the FERC-549 information collection requirements with no proposed changes to the collection.

Abstract: FERC-549 implements portions of the following statutory provisions: (1) Section 311 of the Natural Gas Policy Act (NGPA) (15
U.S.C. 3371); (2) Section 4(f) of the Natural Gas Act (NGA) (15 U.S.C. 717c(f)); and (3) Section 7 of the NGA (15 U.S.C. 717f).
The reporting requirements for implementing these provisions are contained in 18 CFR part 284.

Transportation by Interstate Pipelines for Intrastate Pipelines and Local Distribution Companies

Under section 311(a)(1) of the NGPA and 18 CFR 284.101 to .102, any interstate pipeline may transport natural gas without
prior Commission approval “on behalf of” an intrastate pipeline or a local distribution company (LDC). The regulation at 18
CFR 284.102(d) provides that the transportation is not “on behalf of” an intrastate pipeline or an LDC unless one of three
conditions is met:

(1) The intrastate pipeline or LDC has physical custody of and transports the natural gas at some point; or

(2) The intrastate pipeline or LDC holds title to the natural gas at some point, which may occur prior to, during, or after
the time that the gas is being transported by the interstate pipeline, for a purpose related to its status and functions as
an LDC; or

(3) The gas is delivered at some point to a customer that either is located in an LDC's service area or is physically able
to receive direct deliveries of gas from an intrastate pipeline, and the LDC or intrastate pipeline certifies that it is on
its behalf that the interstate pipeline is providing transportation service.

Before commencing service as described in 18 CFR 284.102(d)(3), the interstate pipeline that is providing the transportation
must receive certification from the pertinent LDC or intrastate pipeline consisting of a letter from the intrastate pipeline
or LDC authorizing the interstate pipeline to ship gas on its behalf, and sufficient information to verify that the service
qualifies under 18 CFR 284.102.

Transportation by Intrastate Pipelines for Interstate Pipelines or LDCs Served by an Interstate Pipeline

Under section 311(a)(2) of the NGPA and 18 CFR 284.122 to .123, any intrastate pipeline may, without prior Commission approval,
transport natural gas on behalf of any interstate pipeline or any LDC served by an interstate pipeline. No rate charged for
such transportation may exceed a fair and equitable rate.

The regulation at 18 CFR 284.123(b) provides that intrastate gas pipeline companies must file for Commission approval of rates
for services performed in the interstate transportation of gas. An intrastate gas pipeline company may elect to use rates
contained in one of its then effective transportation rate schedules on file with an appropriate state regulatory agency for
intrastate service comparable to the interstate service or file proposed rates and supporting information showing the rates
are cost based and are fair and equitable. It is Commission policy that each pipeline must file at least every 5 years to
ensure its rates are fair and equitable. Depending on the business process used, either 60 or 150 days after the application
is filed, the rate is deemed to be fair and equitable unless the Commission either extends the time for action, institutes
a proceeding or issues an order providing for rates it deems to be fair and equitable.

The regulation at 18 CFR 284.123(e) requires that within 30 days of commencement of new service any intrastate pipeline engaging
in the transportation of gas in interstate commerce must file a statement that includes the interstate rates, and a description
of how the pipeline will engage in the transportation services, including operating conditions. If an intrastate gas pipeline
company changes its operations or rates it must amend the statement on file with the Commission. Such amendment is to be filed
not later than 30 days after commencement of the change in operations or change in rate election.

Initial Approval of Market-Based Rates for Storage

Section 4(f) of the NGA authorizes the Commission to permit natural gas storage service providers to charge market-based rates
for storage, subject to conditions and requirements set forth in the statute. The Commission implements this authority under
18 CFR 284.501 to .505. An applicant may apply for market-based rates by filing a request for a market-power determination
that complies with the following:

(a) The applicant must set forth its specific request and adequately demonstrate that it lacks market power in the market
to be served, and must include an executive summary of its statement of position and a statement of material facts in addition
to its complete statement of position. The statement of material facts must include citation to the supporting statements,
exhibits, affidavits, and prepared testimony.

The regulation at 18 CFR 284.503 requires that an application to charge market-based rate for storage services must include
the following information:

(1) Statement A—geographic market. This statement must describe the geographic markets for storage services in which the applicant seeks to establish that it
lacks significant market power. It must include the market related to the service for which it proposes to charge market-based
rates. The statement must explain why the applicant's method for selecting the geographic markets is appropriate.

(2) Statement B—product market. This statement must identify the product market or markets for which the applicant seeks to establish that it lacks significant
market power. The statement must explain why the particular product definition is appropriate.

(3) Statement C—the applicant's facilities and services. This statement must describe the applicant's own facilities and services, and those of all parent, subsidiary, or affiliated
companies, in the relevant markets identified in Statements A and B in paragraphs (b)(1) and (2) of this section. The statement
must include all pertinent data about the storage facilities and services.

(4) Statement D—competitive alternatives. This statement must describe available alternatives in competition with the applicant in the relevant markets and other competition
constraining the applicant's rates in those markets. Such proposed alternatives may include an appropriate combination of
other storage, local gas

  supply, LNG, financial instruments and pipeline capacity. These alternatives must be shown to be reasonably available as a
  substitute in the area to be served soon enough, at a price low enough, and with a quality high enough to be a reasonable
  alternative to the applicant's services. Capacity (transportation, storage, LNG, or production) owned or controlled by the
  applicant and affiliates of the applicant in the relevant market shall be clearly and fully identified and may not be considered
  as alternatives competing with the applicant. Rather, the capacity of an applicant's affiliates is to be included in the market
  share calculated for the applicant. To the extent available, the statement must include all pertinent data about storage or
  other alternatives and other constraining competition.

(5) Statement E—potential competition. This statement must describe potential competition in the relevant markets. To the extent available, the statement must include
data about the potential competitors, including their costs, and their distance in miles from the applicant's facilities and
major consuming markets. This statement must also describe any relevant barriers to entry and the applicant's assessment of
whether ease of entry is an effective counter to attempts to exercise market power in the relevant markets.

(6) Statement F—maps. This statement must consist of maps showing the applicant's principal facilities, pipelines to which the applicant intends
to interconnect and other pipelines within the area to be served, the direction of flow of each line, the location of the
alternatives to the applicant's service offerings, including their distance in miles from the applicant's facility. The statement
must include a general system map and maps by geographic markets. The information required by this statement may be on separate
pages.

(7) Statement G—market-power measures. This statement must set forth the calculation of the market concentration of the relevant markets using the Herfindahl-Hirschman
Index. The statement must also set forth the applicant's market share, inclusive of affiliated service offerings, in the markets
to be served. The statement must also set forth the calculation of other market-power measures relied on by the applicant.
The statement must include complete particulars about the applicant's calculations.

(8) Statement H—other factors. This statement must describe any other factors that bear on the issue of whether the applicant lacks significant market power
in the relevant markets. The description must explain why those other factors are pertinent.

(9) Statement I—prepared testimony. This statement must include the proposed testimony in support of the application and will serve as the applicant's case-in-chief,
if the Commission sets the application for hearing. The proposed witness must subscribe to the testimony and swear that all
statements of fact contained in the proposed testimony are true and correct to the best of his or her knowledge, information,
and belief.

The regulation at 18 CFR 284.505(a), requires: (1) a demonstration that market-based rates are in the public interest and
necessary to encourage the construction of storage capacity in an area needing storage services, and (2) an explanation of
what means the storage service provider will use to protect customers from the potential exercise of market power.

Market Based-Rates—Notice of Change in Circumstances

The Commission's regulations at 18 CFR 284.504(b) provide that a storage service provider granted the authority to charge
market-based rates is required to notify the Commission within 10 days of acquiring knowledge of significant change occurring
in its market power status. The notification should include a detailed description of the new facilities/services and their
relationship to the storage service provider. Significant changes include: (1) The storage provider expanding its storage
capacity beyond the amount authorized; (2) The storage provider acquiring transportation facilities or additional storage
capacity; (3) An affiliate providing storage or transportation services in the same market area; and (4) The storage provider
or an affiliate acquiring an interest in or is acquired by an interstate pipeline.

Code of Conduct Record Retention

The Commission's regulations at 18 CFR 284.288(b) and 18 CFR 284.403(b), respectively, impose a record retention requirement
contained in a Code of Conduct applicable to: (1) interstate pipelines that provide unbundled natural gas sales service, (1) and (2) persons who are not interstate pipelines and whose sales of natural gas are authorized by the “automatic” blanket
marketing certificate granted by operation of 18 CFR 284.402. (2) Any entity fitting one of those descriptions must retain, for a period of five years, all data and information upon which
it billed the prices it charged for natural gas it sold pursuant to its market based sales certificate or the prices it reported
for use in price indices.

FERC uses these records to monitor the jurisdictional transportation activities and unbundled sales activities of interstate
natural gas pipelines and blanket marketing certificate holders.

The record retention period of 5 years is necessary due to the importance of records related to any investigation of possible
wrongdoing and related to assuring compliance with the codes of conduct and the integrity of the market. The requirement is
necessary to ensure consistency with 18 CFR 1c.1 (Prohibition of Natural Gas Market Manipulation) and the generally applicable
five-year statute of limitations where the Commission seeks civil penalties for violations of the anti-manipulation rules
or other rules, regulations, or orders to which the price data may be relevant.

Failure to have this information available would mean the Commission would have difficulty performing its regulatory functions
to monitor and evaluate transactions and operations of interstate pipelines and blanket marketing certificate holders. The
Code of Conduct Record Retention burden (3) associated with the FERC-549 includes labor costs.

Type of Respondents: Jurisdictional interstate and intrastate natural gas pipelines.

Estimate of Annual Burden: (4) The Commission estimates the annual burden and labor costs for the information collection as follows:

| | Number of
respondents | Number of
responses perrespondent | Total number
of responses | Average burden
hours & average
cost 5 per response
($) | Total annual burden
hours & totalannual cost($) | Cost per
respondent($) |
| --- | --- | --- | --- | --- | --- | --- |
| | (1) | (2) | (1) × (2) = (3) | (4) | (3) × (4) = (5) | (5) ÷ (1) = (6) |
| Transportation by Interstate Pipelines and Rates and Charges for Intrastate Pipelines 6 | 61 | 2 | 122 | 50 hrs.; $5,100 | 6,100 hrs.; $622,200 | $10,200 |
| MBR—Initial Approval 7 | 4 | 1 | 4 | 350 hrs.; $35,700 | 1,400 hrs.; $142,800 | 35,700 |
| MBR—Change in Circumstances 8 | 4 | 1 | 4 | 75 hrs.; $7,650 | 300 hrs.; $30,600 | 7,650 |
| Record Retention | 176 | 1 | 176 | 1 hr.; $29.36 | 176 hrs.; $5,167 | 29.36 |
| Totals | 245 | | 306 | | 7,976 hrs.; $800,767 | |
Comments (1) whether the collection of information is necessary for the proper performance of the functions of the Commission, including
whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden and cost of the
collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on
those who are to respond, including the use of automated collection techniques or other forms of information technology.

Dated: March 13, 2026. Debbie-Anne A. Reese, Secretary. [FR Doc. 2026-05270 Filed 3-17-26; 8:45 am] BILLING CODE 6717-01-P

Footnotes

(1) As defined at 18 CFR 284.282(c), unbundled sales service is gas sales service that is sold separately from transportation
service.

(2) The regulation at 18 CFR 284.402(a) provides that any person who is not an interstate pipeline is granted a blanket certificate
of public convenience and necessity, pursuant to section 7 of the NGA, that authorizes the certificate holder to make sales
for resale of natural gas at negotiated rates in interstate commerce. Section 2(1) of the NGA (15 U.S.C. 717a(1)) defines
a “person” to include an individual or corporation.

(3) 18 CFR 284.288(b) and 18 CFR 284.403(b).

(4) Burden is defined as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a federal agency. For further explanation of what is included in the information
collection burden, refer to 5 CFR 1320.3.

(5) FERC estimates that industry costs for salary plus benefits are similar to Commission costs. The cost figure is the FY2026
FERC average annual salary plus benefits ($213,003 year or $102/hour). The exception is for the Record Retention line of $29.36
hourly, which comes from the average cost (wages plus benefits) of a file clerk (Occupation Code 43-4071) as posted on the
BLS website (http://www.bls.gov/oes/current/naics2_22.htm).

(6) The entities affected by 18 CFR 284.123(b) and (e) are intrastate pipelines. Interstate and intrastate pipelines are affected
by 18 CFR 284.102(e). Since 2016, the Commission has not received any filings under 18 CFR 284.102(e).

(7) 18 CFR 284.501 to .505.

(8) 18 CFR 284.501 to .505. This new row was added to account for the differences between initial MBR filings and MBR filings
pertaining to a change in circumstances.

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