[Federal Register: October 6, 2003 (Volume 68, Number 193)]
[Notices]
[Page 57680-57682]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc03-43]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC03-568-000, FERC-568]
Commission Information Collection Activities, Proposed
Collection; Comment Request; Extension
September 29, 2003.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice.
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SUMMARY: In compliance with the requirements of section 3506(c) (2) (a)
of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c) (2) (A), the
Federal Energy Regulatory Commission (Commission) is soliciting public
comment on the specifics of the information collection described below.
DATES: Comments on the collection of information are due by December 1,
2003.
ADDRESSES: Copies of the proposed collection of information can be
obtained from Michael Miller, Office of the Executive Director, ED-30,
888 First Street NE., Washington, DC 20426. Comments may be filed
either in paper format or electronically. Those parties filing
electronically do not need to make a paper filing.
For paper filings, the original and 14 copies of such comments
should be submitted to the Office of the Secretary,
[[Page 57681]]
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426 and refer to Docket No. IC03-568-000.
Documents filed electronically via the Internet must be prepared in
WordPerfect, MS Word, Portable Document Format, or ASCII format. To
file the document, access the Commission's Web site at http://www.ferc.gov
and click on ``Make an E-filing,'' and then follow the
instructions for each screen. First time users will have to establish a
user name and password. The Commission will send an automatic
acknowledgment to the sender's E-mail address upon receipt of comments.
All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the eLibrary link. For user assistance, contact FERCOnlineSupport@ferc.gov or toll-free at (866)
208-3676 or for TTY, contact (202)502-8659.
FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by
telephone at (202) 502-8415, by fax at (202) 273-0873, and by e-mail at michael.miller@ferc.gov.
SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC-568 ``Well Category Determinations'' (OMB Control
No. 1902-0112) is used by the Commission to implement the statutory
provisions of section 503 of the Natural Gas Policy Act of 1978 (NGPA),
15 U.S.C. 3413. In Order No. 616, (July 14, 2000) (65 FR 45859) the
Commission reinstated provisions for making well category
determinations under section 503 of the Natural Gas Policy Act for
certain categories of high cost gas.
When a determination is made, a natural gas producer can claim tax
credits as provided for under Section 29 of the Internal Revenue Code
(Section 29 tax credits). Section 29 as amended by the Revenue
Reconciliation Act of 1990, allows taxpayers to claim a tax credit for
certain qualified fuels which (1) are produced from wells drilled after
December 31, 1979, and before January 1, 1993, and (2) sold before
January 1, 2003. The qualified fuels include high cost gas as defined n
NGPA section 107(c)(2)-(4) (gas produced from geopressured brine, coal
seams and Devonian shale), as well as some gas the Commission defined
as tight formation gas pursuant to NGPA section 107(c)(5). In 1999, the
United States Court of Appeals for the Tenth Circuit in True Oil Co. v.
Commissioner of Internal Revenue (True Oil) (170 F.3d 1294)(10th Cir.
1999), held that, in order to obtain the tax credit, there must be a
formal determination under the procedures provided for by section 503
of the Natural Gas Policy Act. Section 503 of the NGPA, set forth
procedures used for determining whether gas qualified as section 107(c)
``high-cost natural gas.'' Under that section the agency having
regulatory jurisdiction with respect to the production of natural gas
in question (jurisdictional agency) makes the initial determination,
and submits it to the Commission. The Commission can affirm, reverse,
remand, make a preliminary finding either on, or simply takes no action
regarding the agency's determination. If the Commission takes no action
within 45 days after receipt of the agency's determination, the
determination is final. Judicial review is available under Section 503
only if the Commission remands or reverses the determination. In Order
No. 616, the Commission limited its actions to reviewing determinations
by jurisdictional agencies for qualifying recompletions in already
designated tight formations. Well determinations for recompletions in
coal seams and Devonian shale are also accepted. The Commission
estimated there are probably at least 4,131 recompletions that were
performed during the years 2000-2003 for which a determination may be
sought under the Commission's regulations. A natural gas producer files
an application (FERC Form 121) for a determination. In addition to the
application, the applicant will also submit supporting documentation
that includes the following: A completion report which illustrates the
type of natural gas production treatment (i.e. perforation,
acidization, fracturing etc.); logs defining the coal seams; or
superimposed indications of the shale base line using gamma rays; or a
map that identifies the geographic location of the well and the
geographic location of post January 1, 1993 recompletions' completion
location in the designated tight formation; and/or a location plat
identifying the geographic location of the well and a list of tracts of
land that comprise designated tight formations and an affidavit. FERC-
568 covers the reporting requirements for this supporting
documentation. The Commission implements these filing requirements in
the Code of Federal Regulations (CFR) under 18 CFR part 270.
Action: The Commission is requesting a three-year extension of the
current expiration date, with no changes to the existing collection of
data.
Burden Statement: Public reporting burden for this collection is
estimated as:
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Number of Number of Average burden
respondents responses per hours per Total annual
annually respondent response burden hours
(1) (2) (3) (1)x(2)x(3)
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4,131 1 6.01 24,786
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Estimated cost burden to respondents: 24,786 hours / 2,080 hours
per year x $117,041 per year = $ 1,394,701. The cost per respondent is
equal to $ 338.
The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
Comments are invited on: (1) Whether the proposed collection of
information
[[Page 57682]]
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 of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology e.g., permitting electronic submission of
responses.
Magalie R. Salas,
Secretary.
[FR Doc. 03-25225 Filed 10-3-03; 8:45 am]
BILLING CODE 6717-01-P