138 FERC ¶ 61,033 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

18 CFR Part 284 

[Docket No. RM11-4-000; Order No. 757] 

Storage Reporting Requirements of Interstate and Intrastate Natural Gas Companies 

(Issued January 19, 2012) 

AGENCY: Federal Energy Regulatory Commission. 

ACTION: Final Rule. 

SUMMARY: In this Final Rule, the Commission eliminates the semi-annual storage 

reporting requirements for Interstate and Intrastate Natural Gas Companies. The 

Commission finds that these particular reporting requirements are largely duplicative 

with other reporting requirements. 

EFFECTIVE DATE: This rule will become effective [insert date 60 days from 

publication in Federal Register].

FOR FURTHER INFORMATION CONTACT: 

Vince Mareino (Legal Information) 

Office of the General Counsel 

Federal Energy Regulatory Commission 

888 First Street NE 

Washington, DC 20426 

(202) 502-6167 

Vince.Mareino@ferc.gov. 
Docket No. RM11-4-000 - 2 - 

Thomas Russo (Technical Information) 

Office of Enforcement 

Federal Energy Regulatory Commission 

888 First Street NE 

Washington, DC 20426 

(202) 502-8792 

Thomas.Russo@ferc.gov. 

SUPPLEMENTARY INFORMATION

:
UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Storage Reporting Requirements of Interstate and 

Intrastate Natural Gas Companies 

Docket No. RM11-4-000 

ORDER NO. 757 

FINAL RULE 

TABLE OF CONTENTS

Paragraph Numbers

I. Background ............................................................................................................................2.

A. Current Reporting Requirements .....................................................................................2.

B. NOI and NOPR.................................................................................................................6.

C. Comments to the NOPR ..................................................................................................11.

D. Executive Orders..............................................................................................................12.

II. Discussion.............................................................................................................................14.

III. Regulatory Requirements ....................................................................................................16.

A. Information Collection Statement....................................................................................16.

B. Environmental Analysis ...................................................................................................19.

C. Regulatory Flexibility Act................................................................................................20.

D. Document Availability .....................................................................................................21.

E. Effective Date and Congressional Notification................................................................24.
g 

 

138 FERC ¶ 61,033 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Before Commissioners: Jon Wellinghoff, Chairman; 

 Philip D. Moeller, John R. Norris, 

 and Cheryl A. LaFleur. 

Storage Reporting Requirements of Interstate and 

Intrastate Natural Gas Companies 

Docket No. RM11-4-000 

ORDER NO. 757 

FINAL RULE 

(Issued January 19, 2012) 

1. In this Final Rule, the Commission adopts the proposal in the Notice of Proposed 

Rulemaking (NOPR) in this docket.1

 Effective [insert date 60 days from publication 

in Federal Register], the Commission eliminates its semi-annual storage reportin

requirements for (1) interstate natural gas companies subject to the Commission’s 

jurisdiction under the Natural Gas Act (NGA), as codified in 18 CFR 284.13(e); (2) 

intrastate pipelines providing interstate services pursuant to section 311 of the Natural 

1 Storage Reporting Requirements of Interstate and Intrastate Natural Gas 

Companies, Notice of Proposed Rulemaking, 76 FR 58741 (2011) FERC Stats. & Regs 

¶ 32.678 (NOPR). 
Docket No. RM11-4-000 - 2 - 

Gas Policy Act of 1978 (NGPA),2

 as codified in 18 CFR 284.126(c); and (3) Hinshaw3

pipelines providing interstate services subject to the Commission’s NGA jurisdiction 

pursuant to blanket certificates issued under section 284.224 of the Commission’s 

regulations, as also codified in 18 CFR 284.126(c). All of the parties who filed 

comments in response to the NOPR stated that they support this course of action. The 

Commission found in the NOPR that these particular reporting requirements are largely 

duplicative with other reporting requirements. 

I. Background

A. Current Reporting Requirements

2. Currently, section 284.13(e) of the Commission’s regulations requires interstate 

pipelines to file semi-annual storage reports at the end of each complete storage injection 

and withdrawal season. Section 284.126(c) requires similar semi-annual reports by 

section 311 and Hinshaw pipelines providing interstate storage service. Pipelines must 

file these reports within 30 days of the end of each complete storage injection and 

 2

 15 U.S.C. 3372. 

3

 Section 1(c) of the NGA exempts from the Commission’s NGA jurisdiction 

pipelines which transport gas in interstate commerce if (1) they receive natural gas at or 

within the boundary of a state, (2) all the gas is consumed within that state, and (3) the 

pipeline is regulated by a state Commission. This exemption is referred to as the 

Hinshaw exemption after the Congressman who introduced the bill amending the NGA to 

include § 1(c). See ANR Pipeline Co. v. Federal Energy Regulatory Comm’n, 71 F.3d 

897, 898 (1995) (briefly summarizing the history of the Hinshaw exemption). 
Docket No. RM11-4-000 - 3 - 

 

withdrawal season, and the reports must be signed under oath by a senior official. The 

reports by the two sets of pipelines must include: 

(1) the identity of each customer injecting gas into storage 

and/or withdrawing gas from storage (including, for interstate 

pipelines, any affiliate relationship), 

(2) the rate schedule (for interstate pipelines) or docket 

number (for intrastate pipelines) authorizing the storage 

injection or withdrawal service, 

(3) the maximum storage quantity and maximum daily 

withdrawal quantity applicable to each storage customer, 

(4) for each storage customer, the volume of gas (in 

dekatherms) injected into and/or withdrawn from storage 

during the period, 

(5) the unit charge and total revenues received during the 

injection/withdrawal period from each storage customer 

(including, for interstate pipelines, any discounts), and 

(6) for intrastate pipelines, any related docket numbers under 

which the intrastate pipeline reported storage related 

injection/withdrawal transportation services. 

3. The Commission adopted the existing semi-annual storage reporting requirements 

for both interstate and intrastate pipelines in 1992 as part of Order No. 636,4

 and there 

4 Pipeline Service Obligations and Revisions to Regulations Governing SelfImplementing Transportation; and Regulation of Natural Gas Pipelines After Partial 

Wellhead Decontrol, Order No. 636, FERC Stats. & Regs. ¶ 30,939, order on reh’g, 

Order No. 636-A, FERC Stats. & Regs. ¶ 30,950, order on reh’g, Order No. 636-B, 61 

FERC ¶ 61,272 (1992), order on reh’g, 62 FERC ¶ 61,007 (1993), aff’d in part and 

remanded in part sub nom. United Distribution Cos. v. FERC, 88 F.3d 1105 (D.C. Cir. 

1996), order on remand, Order No. 636-C, 78 FERC ¶ 61,186 (1997). 
Docket No. RM11-4-000 - 4 - 

 

have been only minor modifications in the semi-annual storage reporting requirements 

since that date.5

 However, the Commission has added other reporting requirements for 

both sets of pipelines, which include much of the same information as is included in the 

semi-annual storage reports. 

4. First, in 2000, the Commission issued Order No. 637,6

 revising the reporting 

requirements for interstate pipelines in order to require them to post on their internet 

websites basic information on the terms of each transportation and storage contract with 

individual shippers, no later than the first nomination under a transaction.7

 These posting 

5

 In 1995 in Order No. 581, the Commission held that it would “retain the semiannual storage reports,” and “not exempt intrastate storage companies charging marketbased rates from the requirement to file semi-annual storage reports,” and made minor 

changes to the regulatory text. Revisions to Uniform System of Accounts, Forms, 

Statements, and Reporting Requirements for Natural Gas Companies, Order No. 581, 60 

FR 53019, 53049-51, FERC Stats. & Regs. ¶ 31,026 (1995), order on reh’g, Order 

No. 581-A, FERC Stats. & Regs. ¶ 31,032 (1996). 

6 Regulation of Short-Term Natural Gas Transportation Services and Regulation 

of Interstate Natural Gas Transportation Services, Order No. 637, FERC Stats. & Regs. 

¶ 31,091, clarified, Order No. 637-A, FERC Stats. & Regs. ¶ 31,099, reh’g denied, Order 

No. 637-B, 92 FERC ¶ 61,062 (2000), aff’d in part and remanded in part sub nom. 

Interstate Natural Gas Ass’n of America v. FERC, 285 F.3d 18 (D.C. Cir. 2002), order on 

remand, 101 FERC ¶ 61,127 (2002), order on reh’g, 106 FERC ¶ 61,088 (2004), aff’d 

sub nom. American Gas Ass’n v. FERC, 428 F.3d 255 (D.C. Cir. 2005). 

7

 The information to be posted includes the name of the shipper, the contract 

number (for firm service), the rate charged, the maximum rate, the duration (for firm 

service), the receipt and delivery points and zones covered, the quantity of natural gas 

covered, any special terms or details (such as any deviations from the tariff), and whether 

any affiliate relationship exists. 
Docket No. RM11-4-000 - 5 - 

 

requirements are set forth in section 284.13(b) of the Commission’s regulations.8

 That 

section requires interstate pipelines to make daily postings of the same types of 

information about both firm and interruptible storage transactions as is contained in the 

interstate pipelines’ semi-annual storage reports, except for (1) the amount of gas injected 

and withdrawn from storage by each individual customer, (2) storage revenues from each 

individual customer, and (3) the rate schedule authorizing the injection or withdrawal 

service.9

 Order No. 637 also retained the existing requirement that interstate pipelines 

post an index of their firm customers each quarter and expanded the information that 

must be included in that index.10 Among other things, that index must include the rate 

schedule under which service under each firm contract is provided. However, Order 

No. 637 did not significantly modify the semi-annual storage reporting requirement for 

interstate pipelines.11 

8

 18 CFR 284.13(b). 

9

 Because the semi-annual reporting periods are tied to the injection and 

withdrawal season, the time periods covered by that report do not correspond with the 

time periods covered by the interstate pipelines’ reports. 

10 Order No. 637 moved the index of customers requirement from § 284.106(c) to 

§ 284.13(c). 

11 Order No. 637 moved the interstate semi-annual storage reporting requirement 

from § 284.106(b) to § 284.13(e), and eliminated the requirement that interstate pipelines 

identify in their semi-annual storage reports any related docket numbers under which the 

interstate pipeline reported storage-related injection/withdrawal transportation services. 
Docket No. RM11-4-000 - 6 - 

5. Order No. 637 did not modify any of the reporting requirements for section 311 

and Hinshaw pipelines. However, in 2010, the Commission issued Order No. 735 to 

bring the transactional reporting requirements for section 311 pipelines and Hinshaw 

pipelines closer in line with the 18 CFR 284.13(b) posting requirements for interstate 

pipelines.12 As amended by Order Nos. 735 and 735-A, section 284.126(b) requires that 

section 311 and Hinshaw pipelines file quarterly reports of their transportation and 

storage transactions in a standardized electronic format, and it requires that those reports 

be public. The revised quarterly reports require section 311 and Hinshaw pipelines to 

report the same types of information about firm and interruptible storage transactions as 

is contained in their semi-annual storage reports, except for storage revenues from each 

individual storage customer. In addition, because the semi-annual reporting periods are 

tied to the injection and withdrawal season, the time periods covered by each report do 

not correspond precisely. Order No. 735 did not modify the existing semi-annual storage 

reporting requirement for section 311 and Hinshaw pipelines in section 284.126(c) of the 

Commission’s regulations in any way. 

B. NOI and NOPR

6. In December 2010, the Commission issued a Notice of Inquiry (NOI) to consider 

whether and how the semi-annual storage reports required of both interstate and intrastate 

 12 Contract Reporting Requirements of Intrastate Natural Gas Companies, Order 

No. 735, 75 FR 29404, FERC Stats. & Regs. ¶ 31,310, 131 FERC ¶ 61,150, order on 

reh’g, Order No. 735-A, 75 FR 80685, 133 FERC ¶ 61,216 (2010). 
Docket No. RM11-4-000 - 7 - 

 

pipelines should be modified.13 After analyzing the comments in response to the NOI, 

the Commission issued a NOPR in September 2011, proposing to eliminate the semiannual storage reports. 

7. In the NOPR, the Commission found that the semi-annual storage reports are now 

largely duplicative with other reporting requirements, which gather the same or similar 

information, but present it to the public in a more standardized and accessible form. For 

interstate pipelines, the Commission found that the semi-annual storage reports overlap 

with the section 284.13(b) daily transactional posting requirements established in Order 

No. 637,14 described above.15 The Commission stated that, as Order No. 637 found, the 

information included in the interstate pipelines’ daily postings of both transportation and 

storage contracts “provides price transparency so shippers can make informed purchasing 

13 Storage Reporting Requirements of Interstate and Intrastate Natural Gas 

Companies, Notice of Inquiry, 75 FR 80758 FERC Stats. & Regs. ¶ 35,568 (2010) (NOI). 

14 Regulation of Short-Term Natural Gas Transportation Services and Regulation 

of Interstate Natural Gas Transportation Services, Order No. 637, FERC Stats. & Regs. 

¶ 31,091, clarified, Order No. 637-A, FERC Stats. & Regs. ¶ 31,099, reh’g denied, Order 

No. 637-B, 92 FERC ¶ 61,062 (2000), aff’d in part and remanded in part sub nom. 

Interstate Natural Gas Ass’n of America v. FERC, 285 F.3d 18 (D.C. Cir. 2002), order on 

remand, 101 FERC ¶ 61,127 (2002), order on reh’g, 106 FERC ¶ 61,088 (2004), aff’d 

sub nom. American Gas Ass’n v. FERC, 428 F.3d 255 (D.C. Cir. 2005). 

15 The information to be posted includes the name of the shipper, the contract 

number (for firm service), the rate charged, the maximum rate, the duration (for firm 

service), the receipt and delivery points and zones covered, the quantity of natural gas 

covered, any special terms or details (such as any deviations from the tariff), and whether 

any affiliate relationship exists. 
Docket No. RM11-4-000 - 8 - 

 

decisions, and also permits both shippers and the Commission to monitor actual 

transactions for evidence of the possible abuse of market power.”16 Accordingly, the 

NOPR found that there appeared to be no need to require interstate pipelines to continue 

filing an additional semi-annual report of their storage transactions containing much the 

same information Order No. 637 requires them to post on a daily basis to accomplish the 

goal of price transparency. 

8. The NOPR recognized that the semi-annual storage reports do provide certain 

information that is not provided by the interstate pipelines’ daily website postings, 

concerning the volume of gas each customer injects into and/or withdraws from storage 

and the total revenues received from each storage customer. However, the Commission 

found that the primary value of information about injections and withdrawals from 

storage is to permit shippers to monitor the availability of storage capacity and whether 

shippers or the pipeline are withholding storage capacity.17 Section 284.13(d) requires 

interstate pipelines to provide on their websites “equal and timely access to information 

relevant to the availability of all transportation services whenever capacity is scheduled, 

including . . . in storage fields, whether the capacity is available directly from the pipeline 

or through capacity release.”18 The NOPR stated that, while these postings do not 

(continued...) 

16 Order No. 637, FERC Stats. & Regs. ¶ 31,091 at 31,320. 

17 See Order No. 637, FERC Stats. & Regs. ¶ 31,091 at 31,320. 

18 In addition, the Energy Information Administration publishes weekly 
Docket No. RM11-4-000 - 9 - 

 

provide individual shipper injection and withdrawal information, they appear more useful 

to shippers because they provide information about the availability of capacity at the time 

shippers are seeking to schedule capacity. By contrast, the semi-annual storage reports 

are not filed until up to 30 days after the completion of each injection and withdrawal 

season. The NOPR also found that, while the section 284.13(b) daily postings do not 

require interstate storage providers to post the revenues collected from each customer, 

that section does require such storage providers to post the per-unit rates they charge to 

each customer, thus enabling shippers to monitor the storage provider’s actions for 

potentially discriminatory practices. 

9. For section 311 and Hinshaw pipelines, the NOPR found, the semi-annual storage 

reports substantially overlap with the amended section 284.126(b) quarterly reporting 

requirement established in Order No. 735, described above.19 The NOPR recognized 

that, unlike the semi-annual storage reports, the section 284.126(b) quarterly reports do 

not require section 311 and Hinshaw pipelines to report per-customer storage revenues. 

However, the Commission found that the pipelines commenting in this proceeding had 

provided detailed arguments that providing the public with individual customer storage 

underground storage data, including base gas, working gas in storage, and injection and 

withdrawal volumes by storage facility type and region. Available at 

http://www.eia.gov/naturalgas/data.cfm#storage. 

19 Contract Reporting Requirements of Intrastate Natural Gas Companies, Order 

No. 735, 75 FR 29404, FERC Stats. & Regs. ¶ 31,310, order on reh’g, Order No. 735-A, 

75 FR 80685, FERC Stats. & Regs. ¶ 31,318 (2010) (errata issued June 24, 2011). 
Docket No. RM11-4-000 - 10 - 

revenue is burdensome, while proponents of collecting this information had not provided 

any convincing reason why the Commission should continue to require all section 311 

and Hinshaw pipelines to provide this information in periodic reports. 

10. The Commission concluded that, to the extent the semi-annual storage reports do 

include information not reported elsewhere, the burden of requiring pipelines to report 

that information appears to outweigh any benefits to the Commission or the public of 

requiring such information to continue to be reported on a regular basis. However, if 

such information is needed in a particular case, the Commission retains the ability to seek 

such information through a data request to the pipeline in question. 

C. Comments to the NOPR 

11. Eleven companies and associations, listed in the Appendix to this order, filed 

comments in response to the NOPR. Every comment supported the proposal. While two 

parties had filed comments on the NOI opposing elimination of the semi-annual storage 

reports,20 to which the Commission responded in the NOPR, neither of these parties filed 

comments on the NOPR. Several commenters on the NOPR urged the Commission to 

act as soon as possible in order to eliminate the reporting requirement before the next 

 20 The American Public Gas Association and the Independent Oil and Gas 

Association of West Virginia. 
Docket No. RM11-4-000 - 11 - 

round of reports are due on April 30, 2012. SpectraF

21F also recommended that the 

Commission review other regulations for possible redundancies, but did not suggest any 

specific regulations for review. 

D. 6BUExecutive Orders

12. On January 18, 2011, President Obama issued an executive orderF

22F and a 

presidential memorandum on regulatory flexibility, small business, and job creation.F

23F 

The Commission, as an independent agency, is not subject to requirements of those 

presidential documents. Nonetheless, Chairman Wellinghoff directed Commission staff 

to perform an internal assessment of the effectiveness of Commission regulations. 

Subsequently, on July 11, 2011, the President issued an executive order asking 

independent regulatory agencies such as the Commission to take steps to reassess and 

streamline existing regulations.F

24F On November 8, 2011, the Commission issued its plan 

 21 Spectra Energy Transmission, LLC and Spectra Energy Partners, LP file jointly 

on behalf of themselves and their subsidiaries, which operate numerous natural gas 

storage facilities. 

22 Improving Regulation and Regulatory Review, Exec. Order 13563, 76 FR 3821 

(Jan. 21, 2011). 

23 Regulatory Flexibility, Small Business, and Job Creation, Presidential 

Memorandum, 76 FR 3827 (Jan. 21, 2011). 

24 Regulation and Independent Regulatory Agencies, Exec. Order 13579, 76 FR 

41587 (2011). 
Docket No. RM11-4-000 - 12 - 

for retrospective analysis of existing rules, setting forth the schedule for complying with 

the executive orders.F

25

13. The Commission continually seeks to streamline its regulations in order to foster 

competitive markets, facilitate enhanced competition, and avoid imposing undue burdens 

on regulated entities or unnecessary costs on those entities or their customers. In 

analyzing the comments received in response to the NOI and NOPR, the Commission 

considered the goals of those executive orders. In this Final Rule, the Commission is 

seeking to streamline our natural gas pipeline reporting requirements, as part of our 

continuing efforts to ensure Commission regulations are effective, timely, and up to date. 

II. 1BUDiscussion

14. In this Final Rule, the Commission eliminates the semi-annual storage reporting 

requirements both for interstate pipelines and for section 311 and Hinshaw pipelines that 

are currently codified in 18 CFR 284.13(e) and 18 CFR 284.126(c), respectively. All of 

the parties who filed comments in response to the NOPR stated that they support this 

course of action. As detailed in the above section, the NOPR found that these reports are 

largely duplicative of other reporting requirements. For the limited amount of 

information not reported elsewhere, the NOPR found that the burden of requiring 

pipelines to report outweighs any benefits to the Commission or the public of requiring 

 25 Plan for Retrospective Analysis of Existing Rules, Docket No. AD12-6-000, 76 

FR 70913 (2011). 
Docket No. RM11-4-000 - 13 - 

such information to be reported on a regular basis. All the commenters on the NOPR 

support that conclusion. If any information that is no longer collected as a result of the 

elimination of the semi-annual storage reports is needed in a particular case, the 

Commission retains the ability to seek such information through a data request to the 

pipeline in question. 

15. Accordingly, the Commission finds that elimination of the semi-annual storage 

reports will help streamline our natural gas reporting requirements and avoid imposing 

unnecessary burdens on regulated pipelines, without adversely affecting the ability of the 

Commission and shippers to monitor storage transactions for evidence of the possible 

abuse of market power. 

III. 2BURegulatory Requirements

A. 7BUInformation Collection Statement

16. The Office of Management and Budget (OMB) regulations require that OMB 

approve certain reporting, record keeping, and public disclosure requirements (collections 

of information) imposed by an agency.F

26F Therefore, the Commission is providing notice 

of its elimination of the information collections. This rule will be submitted to OMB for 

review in accordance with the Paperwork Reduction Act of 1995.F

27F 

 26 5 CFR 1320. 

27 44 U.S.C. 3507(d). 
Docket No. RM11-4-000 - 14 - 

17. The Commission shall eliminate two reporting requirements and remove the 

burden of those requirements from jurisdictional entities. 

UInformation Collections:

Information 

Collection 

(or Part of) 

Eliminated 

Part of 

OMB 

Control 

No. 

Number of 

Respondents

(a) 

Filings Per 

Respondent 

Per Year 

(b) 

Burden 

Hours 

per 

Filing 

(c) 

Annual 

Burden 

Hours per 

Respondent 

(b X c) 

Total 

Annual 

Burden 

Hours 

Eliminated 

(a X b X c) 

FERC-549 

requirements 

in 18 CFR 

284.13(e) 

1902-

0086 155 2 12 24 3720

FERC-537 

requirements 

in 18 CFR 

284.126(c) 

1902-

0060 50 2 27 54 2700

Grand 

Total 205 6420

The elimination of the semi-annual storage reports will save industry an estimated 

$394,731 annually (for the 6,420 burden hours).F

28

UTitleU: Semi-annual storage reporting requirements for Interstate and Intrastate Natural 

Gas Companies (currently codified in 18 CFR 284.13(e) [component of FERC-549, 

OMB Control No. 1902-0086] and 18 CFR 284.126(c) [component of FERC-537, OMB 

Control No. 1902-0060]). 

 28 The cost estimate is based on a work year of 2,080 hours and includes salary and 

benefits. For FERC-549, an estimate of $58 per hour is used. For FERC-537, $137,874 

per work year is used. 
Docket No. RM11-4-000 - 15 - 

URespondentsU: Interstate and Intrastate Natural Gas Companies. 

UInternal reviewU: The Commission has reviewed the semi-annual storage reporting 

requirements for Interstate and Intrastate Natural Gas Companies that are currently 

codified in 18 CFR 284.13(e) and 18 CFR 284.126(c). The Commission has determined 

that the reports are largely duplicative of other reporting requirements. 

18. Interested persons may obtain information on the reporting requirements being 

eliminated by contacting: Federal Energy Regulatory Commission, 888 First Street, NE, 

Washington, DC 20426 [Attention: Ellen Brown, Office of the Executive Director, 

e-mail: HDataClearance@ferc.govH, Phone: (202) 502-8663, fax: (202) 273-0873]. 

Comments on the requirements being deleted in this rule may also be sent to the Office of 

Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 

20503 [Attention: Desk Officer for the Federal Energy Regulatory Commission]. For 

security reasons, comments should be sent by e-mail to OMB at 

Hoira_submission@omb.eop.govH. Please reference OMB Control Nos. 1902-0086 (FERC549) and 1902-0060 (FERC-537) in your submission. 

B. 8BUEnvironmental Analysis

19. The Commission is required to prepare an Environmental Assessment or an 

Environmental Impact Statement for any action that may have a significant adverse effect 
Docket No. RM11-4-000 - 16 - 

on the human environment.F

29F The Commission has categorically excluded certain 

actions from these requirements as not having a significant effect on the human 

environment.F

30F The actions taken here fall within categorical exclusions in the 

Commission’s regulations for rules that are corrective, clarifying, or procedural, for 

information gathering, analysis, and dissemination, and for sales, exchange, and 

transportation of natural gas that requires no construction of facilities.F

31F Therefore an 

environmental review is unnecessary and has not been prepared in this rulemaking. 

C. 9BURegulatory Flexibility Act

20. The Regulatory Flexibility Act of 1980 (RFA)F

32F generally requires a description 

and analysis of final rules that will have significant economic impact on a substantial 

number of small entities. Most of the natural gas companies regulated by the 

Commission do not fall within the RFA’s definition of a small entity.F

33F Any economic 

 29 Regulations Implementing the National Environmental Policy Act of 1969, 

Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., Preambles 1986-

1990 ¶ 30,783 (1987). 

30 18 CFR 380.4. 

31 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), and 380.4(a)(27). 

32 5 U.S.C. 601-612. 

33 See 5 U.S.C. 601(3) (citing section 3 of the Small Business Act, 15 U.S.C. 623, 

which defines a “small business concern” as a business which is independently owned 

and operated and which is not dominant in its field of operation. The Small Business 

Size Standards component of the North American Industry Classification System defines 

a small natural gas pipeline company as one that transports natural gas and whose annual 

(continued...) 
Docket No. RM11-4-000 - 17 - 

impact from the rulemaking would be due to the elimination of unnecessary filing 

burdens and costs on small and large entities. Accordingly, the Commission certifies that 

this rule will not have a significant impact on a substantial number of small entities. 

D. 10BUDocument Availability

21. In addition to publishing the full text of this document, except for the Appendix, in 

the Federal Register, the Commission provides all interested persons an opportunity to 

view and/or print the contents of this document via the Internet through the 

Commission’s Home Page (Hhttp://www.ferc.govH) and in the Commission’s Public 

Reference Room during normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 

888 First Street NE, Room 2A, Washington, DC 20426. 

22. From the Commission’s Home Page on the Internet, this information is available 

on eLibrary. The full text of this document, including the Appendix, is available on 

eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. 

To access this document in eLibrary, type the docket number excluding the last three 

digits of this document in the docket number field. 

23. User assistance is available for eLibrary and the Commission’s website during 

normal business hours from the Commission’s Online Support at (202) 502-6652 (toll 

free at 1-866-208-3676) or email at Hferconlinesupport@ferc.govH, or the Public Reference 

 

receipts (total income plus cost of goods sold) did not exceed $7 million for the previous 

year). 
Docket No. RM11-4-000 - 18 - 

Room at (202) 502-8371, TTY (202) 502-8659. E-mail the Public Reference Room at 

Hpublic.referenceroom@ferc.govH. 

E. 1BUEffective Date and Congressional Notification

24. These regulations are effective [insert date 60 days from publication in Federal 

Register]. The Commission has determined, with the concurrence of the Administrator of 

the Office of Information and Regulatory Affairs of OMB, that this rule is not a “major 

rule” as defined in section 351 of the Small Business Regulatory Enforcement Fairness 

Act of 1996. The rule is being submitted to the Senate, House, Government 

Accountability Office, and the Small Business Administration. 

UList of subjects in 18 CFR Part 284 

Continental shelf, Natural gas, Reporting and recordkeeping requirements 

By the Commission. 

( S E A L ) 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

. 
Docket No. RM11-4-000 - 19 - 

 In consideration of the foregoing, the Commission amends Part 284, 

Chapter I, Title 18, Code of Federal Regulations, as follows. 

PART 284 – CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS 

UNDER THE NATURAL GAS POLICY ACT OF 1978 AND RELATED 

AUTHORITIES 

1. The authority citation for part 284 continues to read as follows: 

Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352; 43 U.S.C. 

1331-1356. 

§ 284.13 [Amended] 

2. Sec. 284.13 is amended as follows: 

a. Paragraph (e) is removed. 

b. Paragraph (f) is redesignated as paragraph (e). 

§ 284.126 [Amended] 

3. Sec. 284.126 is amended as follows: 

a. Paragraph (c) is removed. 
Docket No. RM11-4-000 - 20 - 

Appendix 

List of Commenters and Abbreviations 

Commenter Abbreviation 

American Gas Association AGA 

Cranberry Pipeline Corporation Cranberry 

Enogex LLC Enogex 

Enstor Operating Company, LLC Enstor 

Interstate Natural Gas Association of America INGAA 

Jefferson Island Storage & Hub, LLC Jefferson 

Niska Gas Storage LLC Niska 

Northern Natural Gas Company Northern 

Spectra Energy Transmission, LLC & Spectra Energy Partners, LP Spectra 

Texas Pipeline Association TPA 

Williston Basin Interstate Pipeline Company Williston Basin