Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054

Federal Register/Vol. 76, No. 149/Wednesday, August 3, 2011 /Proposed Rules

(2) Does not require for adjudication
the presence of essential witnesses,
parties, or third persons over which the
settlement process lacks jurisdiction.
By order of the Board of Governors of the
Federal Reserve System, July 28, 2011.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2011-19535 Filed 8-2-11; 8:45 am]
BILLING CODE 6210-01-P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 240
[Release No. 34-64766; File No. S7-25-11]
RIN 3235-AL10
Business Conduct Standards for
Security-Based Swap Dealers and
Major Security-Based Swap
Participants
Correction
In proposed rule document number
2011-16758, appearing on pages 42396-
42455 in the issue of Monday, July 18,
2011, make the following corrections:
PART 240 240.15Fh-3 [Corrected]
1. On page 42455, in the third
column, S 240.15Fh-3 (f)(2), paragraph
two "(g)(1)" should read "(f)(1)".
2. On the same page, in the same
column, 240.15Fh-3, paragraph nine
"(h)" should read "(g)".
3. On the same page, in the same
column, third from the bottom of the
page, "(i)" should read "(h)".
[FR Doc. C1-2011-16758 Filed 8-3-11; 8:45 am]
BILLING CODE 1505-01-D
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 357
[Docket No. RM11-21-000]
Revision to Form No. 6
AGENCY: Federal Energy Regulatory
Commission.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Federal Energy
Regulatory Commission (Commission)
proposes to amend the instructions on
page 700 of FERC Form No. 6 (Form 6)
to ensure that pipelines report
interstate-only barrel and barrel-mile
data and not a combination of interstate

and intrastate throughput. The

Commission also proposes to direct
pipelines that reported combined
interstate and intrastate data on lines (1)
through (12) of page 700 of their 2010
Form 6 to file a revised page 700
containing only interstate data for the
years 2009 and 2010.
DATES: Comments are due October 3,
2011.
FOR FURTHER INFORMATION CONTACT:
Andrew Knudsen (Legal Information),
Office of the General Counsel, 888
First Street, NE., Washington, DC
20426, (202) 502-6527,
Andrew.Kn u dsen@ferc.gov.
Michael Lacy (Technical Information),
Office of Energy Market Regulation,
888 First Street, NE., Washington, DC
20426, (202) 502-8843,
Michael.Lacy@ferc.gov.
Brian Holmes (Technical Information),
Office of Enforcement, 888 First
Street, NE., Washington, DC 20426,
(202) 502-6008,
Brian.Holmes@ferc.gov.
SUPPLEMENTARY INFORMATION:
July 29, 2011.
1. The Federal Energy Regulatory
Commission (Commission) proposes to
amend the instructions on page 700,
Annual Cost of Service Based Analysis
Schedule, of FERC Form No. 6, Annual
Report of Oil Pipeline Companies,
(Form 6) to ensure that pipelines report
interstate-only barrel and barrel-mile
data and not a combination of interstate
and intrastate throughput. The
Commission also directs pipelines that
reported combined interstate and
intrastate data in any field on lines (1)
through (12) of page 700 of their 2010
Form 6 1 to file within 90 days of the
final rule's publication in the Federal
Register a revised page 700 containing
only interstate data for the years 2009
and 2010.
Background
2. Page 700 of Form 6 serves as a
preliminary screening tool for pipeline
rate filings with the Commission.2
Specifically, page 700 enables shippers
to evaluate proposed rate changes under
the indexing methodology 3 and to
determine whether a pipeline's cost of
service or per barrel-mile costs are so
substantially divergent from the
revenues produced to warrant a
1Pipelines filed their 2010 FERC Form 6 on April
18, 2011.
2 All jurisdictional pipelines are required to file
page 700, including pipelines exempt from filing
the full Form 6. 18 CFR 357.2(a)(2) and (a)(3)
(2011).
3 Cost of Service Requirements and Filing

Requirements for Oil Pipelines, Order No. 571,
FERC Stats. & Regs. 31,006, at 31,168 (1995).

challenge.4 In Order No. 620, the
Commission clarified that it intended
page 700 to include only the interstate
costs and interstate revenues, and not a
combination of interstate and intrastate
data.5
Discussion
3. The Commission proposes to
modify the instructions on page 700 to
specify that pipelines must report
interstate throughput levels and exclude
throughput associated with intrastate
movements. The current instructions on
page 700 for lines (11) and (12) may
inadvertently have caused some
pipelines to report barrel and barrel-
mile throughput that combines
interstate and intrastate data. The
instruction for line (12) on page 700
directs pipelines to report the same
barrel-mile figures as those reported on
line 33a of page 600 of the Form 6.
Similarly, the instruction for line (11)
on page 700 directs pipelines to report
the same barrel figures as those reported
on line 33b of page 601 of the Form 6.
Thus, the instructions on page 700
specify that the throughput data
reported on page 700 is the same
throughput data that is reported on page
600-601.6 The instructions for page 600
direct pipelines to include "all oils
received" by the pipeline,? which
consequently may have led some filers
to report combined interstate and
intrastate barrel-miles on lines (11) and
(12) of page 700.
4. It is an axiomatic rule of ratemaking
that the same set of costs and volumes
must be used to determine rates.8 The
Commission did not intend for the cost
of service per-barrel/mile data provided
by page 700 to include interstate-only
costs and revenues alongside
throughput data that combines interstate
and intrastate totals. To address this
reporting issue, the Commission now
proposes to modify the instructions for
line (11) 9 and line (12) o10 of page 700 to
more precisely direct pipelines to report
4 Revisions to and Electronic Filing of the FERC
Form No. 6 and Related Uniform Systems of
Accounts, Order No. 620, FERG Stats. & Regs.
31,115, at 31,960, on reh'g, 94 FERC 61,130
(2001).
5 Order No. 620, FERC Stats. & Regs. at 31,959,
on reh'g, 94 FERC at 61,498.
6 Pages 600-601 are entitled Statistics of
Operations.
Pipelines filing pages 600-601 as well as page
700 may transport both interstate and intrastate
barrels.
8 Five- Year Review of Oil Pipeline Pricing Index,
75 FR 80300, 80308 (Dec. 22, 2010), 133 FERC
61,228, at P 85 (2010), order on reh'g, 135 FERC
1 61,172 (2011).
9 Instruction number 4 on page 700 of the
Form 6.

10 Instruction number 5 on page 700 of the
Form 6.

46668

United States. Office of the Federal Register. Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc52326/. Accessed August 29, 2014.