Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Notices 6283 

9This separation of roles is consistent with our 

own staff’s practice. See 2008 Report on 

Enforcement at 26–27. 

10Compliance with Statutes, Regulations, and 

Orders, 125 FERC ¶ 61,058 (2008). 

11See NERC Rule of Procedure 401.6 and CMEP 

section 3.1.4. 1 20 FERC ¶ 62,415 (1982). 

requirement has occurred. A 

compliance audit team should not 

consider or discuss whether a monetary 

penalty or some other sanction would 

be appropriate if the Regional Entity 

finds that the registered entity has 

violated the requirement. Nor should a 

compliance audit team base its decision 

regarding whether evidence of a 

violation exists upon the resources or 

time needed for litigation or settlement 

of a related notice of alleged violation.9

The Commission would look with 

disfavor on the conclusions of a 

compliance audit that is based in any 

way on these considerations. 

11. We emphasize that NERC and 

Regional Entities need to be as 

consistent as possible about the level of 

evidence or documentation that is 

needed to demonstrate compliance for 

particular requirements. 

12. A compliance audit conducted by 

NERC or a Regional Entity should 

include an assessment of the registered 

entity’s Reliability Standards 

compliance program. We suggest that 

NERC and the Regional Entities discuss 

how NERC’s audit guidelines and audit 

data requests and questionnaires could 

better elicit information on the factors 

discussed in our recent Policy 

Statement on Compliance.10

13. If an audit team learns about a 

situation that does not appear to involve 

a current or ongoing violation of a 

Reliability Standard requirement, but 

instead represents an area of concern 

that could become a violation, we 

expect the team to notify the registered 

entity of the situation, discuss it with 

the entity, and document such 

discussions in the compliance audit 

report. We remind audit teams that they 

are expected to fully test compliance 

with any non-actively monitored 

standard if the teams find evidence 

during the audit of non-compliance 

with such a standard.11

14. We believe implementation of this 

guidance will improve the consistency 

of compliance audits relating to 

Reliability Standards and result in 

greater compliance with them. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–2527 Filed 2–5–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP09–51–000 ] 

Natural Gas Pipeline Company of 

America LLC; Notice of Request Under 

Blanket Authorization 

January 29, 2009. 

Take notice that on January 22, 2009, 

Natural Gas Pipeline Company of 

America LLC (Natural), 3250 Lacey 

Road, Suite 700, Downers Grove, Illinois 

60515, filed in Docket No. CP09–51– 

000, an application pursuant to sections 

157.205, 157.208, 157.211 and 157.212 

of the Commission’s Regulations under 

the Natural Gas Act (NGA) as amended, 

to construct, install, own, operate, and 

maintain facilities necessary to deliver 

natural gas to the Southwest Louisiana 

Lateral (Southwest Loop), which is 

partially owned by Transcontinental 

Gas Pipe Line Corporation (Transco), 

and to Bridgeline Holdings, L.P. 

(Bridgeline), both located in Johnson 

Bayou, Cameron Parish, Louisiana, 

under Natural’s blanket certificate 

issued in Docket No. CP82–402–000,1

all as more fully set forth in the 

application which is on file with the 

Commission and open to the public for 

inspection. 

Natural proposes to construct, install, 

own, operate, and maintain a metering 

platform, dual metering facilities, taps, 

and such other appurtenant facilities 

required to effect the interconnects to 

deliver up to 200,000 Dth/day of natural 

gas to the Southwest Loop or to deliver 

up to 200,000 Dth/day of natural gas to 

Bridgeline. Natural states that it would 

cost an estimated $11,900,000 to 

construct the proposed facilities. 

Any questions concerning this 

application may be directed to Bruce H. 

Newsome, Vice President, Regulatory 

Products and Services, Natural Gas 

Pipeline Company of America LLC, 

3250 Lacey Road, 7th Floor, Downers 

Grove, Illinois 60515–7918, or via 

telephone at (630) 725–3070, or by email 

bruce_newsome@kindermorgan.com. 

This filing is available for review at 

the Commission or may be viewed on 

the Commission’s Web site at http:// 

www.ferc.gov, using the ‘‘eLibrary’’ link. 

Enter the docket number excluding the 

last three digits in the docket number 

filed to access the document. For 

assistance, please contact FERC Online 

Support at FERC 

OnlineSupport@ferc.gov or call toll-free 

at (866) 206–3676, or, for TTY, contact 

(202) 502–8659. Comments, protests and 

interventions may be filed electronically 

via the Internet in lieu of paper. See, 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site under the ‘‘e-Filing’’ link. The 

Commission strongly encourages 

intervenors to file electronically. 

Any person or the Commission’s staff 

may, within 60 days after issuance of 

the instant notice by the Commission, 

file pursuant to Rule 214 of the 

Commission’s Procedural Rules (18 CFR 

385.214) a motion to intervene or notice 

of intervention and pursuant to Section 

157.205 of the regulations under the 

NGA (18 CFR 157.205), a protest to the 

request. If no protest is filed within the 

time allowed therefore, the proposed 

activity shall be deemed to be 

authorized effective the day after the 

time allowed for filing a protest. If a 

protest is filed and not withdrawn 

within 30 days after the allowed time 

for filing a protest, the instant request 

shall be treated as an application for 

authorization pursuant to Section 7 of 

the NGA. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–2523 Filed 2–5–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. PR08–17–000] 

Bay Gas Storage Company, Ltd.; 

Notice of Staff Panel 

January 30, 2009. 

Take notice that the Commission will 

convene a staff panel in the abovereferenced proceeding on Thursday, 

February 26, 2009, at 9:30 a.m. (EDT), in 

a room to be designated at the offices of 

the Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. 

This Staff Panel will review the 

factual basis for Bay Gas’s 2008 annual 

adjustment to its Lost And Unaccounted 

For (LAUF) gas tracker/true-up 

mechanism. A previous Commission 

Order in this docket, 126 FERC ¶ 61,018 

(January 12, 2009), ordered this Staff 

Panel to gather evidence in order to 

determine whether the updated LAUF 

recovery percentages reflected in Bay 

Gas’s petition are fair and equitable. 

FERC conferences are accessible 

under section 508 of the Rehabilitation 

Act of 1973. For accessibility 

accommodations please send an e-mail 

to accessibility@ferc.gov or call toll free 


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