Notice2022-19404
Commission Information Collection Activities (FERC-919 and FERC-919A), Comment Request; Extension
Primary source
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Published
September 8, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission FERC-919 (FERC- 919, (Refinements to Policies and Procedures for Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities), and FERC-919A, (Data Collection for Analytics and Surveillance and Market-Based Rate Purposes), which will be submitted to the Office of Management and Budget (OMB) for review. No Comments were received on the 60-day notice published on June 24, 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54992-54994]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19404]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC22-19-000]
Commission Information Collection Activities (FERC-919 and FERC-
919A), Comment Request; Extension
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of information collection and request for comments.
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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission FERC-919 (FERC-
919, (Refinements to Policies and Procedures for Market-Based Rates for
Wholesale Sales of Electric Energy, Capacity and Ancillary Services by
Public Utilities), and FERC-919A, (Data Collection for Analytics and
Surveillance and Market-Based Rate Purposes), which will be submitted
to the Office of Management and Budget (OMB) for review. No Comments
were received on the 60-day notice published on June 24, 2022.
DATES: Comments on the collection of information are due October 11,
2022.
ADDRESSES: Send written comments on FERC-919 to OMB through
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Attention: Federal Energy Regulatory
Commission Desk Officer. Please identify the OMB Control Number (1902-
0234) in the subject line of your comments. Comments should be sent
within 30 days of publication of this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Please submit copies of your comments to the Commission. You may
submit copies of your comments (identified by Docket No. IC22-19-000)
by one of the following methods:
Electronic filing through <a href="https://www.ferc.gov">https://www.ferc.gov</a>, is preferred.
<bullet> Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
<bullet> For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (including courier) delivery: Deliver to: Federal Energy
Regulatory Commission, Secretary of the Commission, 12225 Wilkins
Avenue, Rockville, MD 20852.
Instructions: OMB submissions must be formatted and filed in
accordance with submission guidelines at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Using the search function under the ``Currently Under Review''
field, select Federal Energy Regulatory Commission; click ``submit,''
and select ``comment'' to the right of the subject collection. FERC
submissions must be formatted and filed in accordance with submission
guidelines at: <a href="https://www.ferc.gov">https://www.ferc.gov</a>. For user assistance, contact FERC
Online Support by email at <a href="/cdn-cgi/l/email-protection#395f5c4b5a56575550575c4a4c4949564b4d795f5c4b5a175e564f"><span class="__cf_email__" data-cfemail="9afcffe8f9f5f4f6f3f4ffe9efeaeaf5e8eedafcffe8f9b4fdf5ec">[email protected]</span></a>, or by phone at:
(866) 208-3676 (toll-free).
Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a>.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<a href="/cdn-cgi/l/email-protection#99ddf8edf8daf5fcf8ebf8f7fafcd9dfdccbdab7fef6ef"><span class="__cf_email__" data-cfemail="2662475247654a43475447484543666063746508414950">[email protected]</span></a>, telephone at (202) 502-8663.
SUPPLEMENTARY INFORMATION:
Title: FERC-919, (Refinements to Policies and Procedures for
Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and
Ancillary Services by Public Utilities), and FERC-919A, (Data
Collection for Analytics and Surveillance and Market-Based Rate
Purposes).
OMB Control No.: FERC-919 (1902-0234), FERC-919A (1902-0317-moving
burden into 1902-0234)
Type of Request: Three-year extension of these information
collection requirements for all collections described below with no
changes to the current reporting requirements. Please note: FERC-919A
is a temporary collection number proposed to be combined into FERC-919.
Abstract: The FERC-919 collection is necessary to ensure that
market-based rates charged by public utilities are just and reasonable
as mandated by Federal Power Act (FPA) sections 205 and 206. Section
205 of the FPA requires just and reasonable rates and charges. Section
206 allows the Commission to revoke a seller's market-based rate
authorization if it determines that the seller may have gained market
power since it was originally granted market-based rate authorization
by the Commission. FERC-919, as stated in 18 Code of Federal
Regulations (CFR) Part 35, Subpart H,\1\ the Commission codifies
[[Page 54993]]
market-based rate standards for generating electric utilities for use
in the Commission's determination of whether a wholesale seller of
electric energy, capacity, or ancillary services qualify for market-
based rate authority. Subpart H mandates that sellers submit market
power analyses and related filings (descriptions below). Market power
analyses must address both horizontal and vertical market power.
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\1\ Market-Based Rates for Wholesale Sales of Electric Energy,
Capacity and Ancillary Services by Public Utilities, Order No. 697,
72 FR 39904 (Jul. 20, 2007), 119 FERC ] 61,295 (2007).
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Horizontal Market Power Analysis
To demonstrate a lack of horizontal market power, the Commission
requires two indicative market power screens: the uncommitted pivotal
supplier screen (which is based on the annual peak demand of the
relevant market) and the uncommitted market share screen applied on a
seasonal basis. The Commission presumes sellers that fail either screen
to have market power and such sellers may submit a delivered price test
analysis or alternative evidence to rebut the presumption of horizontal
market power. If a seller fails to rebut the presumption of horizontal
market power, the Commission sets the just and reasonable rate at the
default cost-based rate unless it approves different mitigation based
on case specific circumstances. When submitting horizontal market power
analyses, a seller must submit the horizontal market power analysis
into a relational database for it to be retrievable in conformance with
the instructions posted on the Commission's website.\2\ A seller must
also include all supporting materials referenced in the indicative
screens.
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\2\ See Data Collection for Analytics and Surveillance and Mkt.-
Based Rate Purposes, Order No. 860, 168 FERC ] 61,039 (2019), order
on reh'g, Order No. 860-A, 170 FERC ] 61,129 (2020).
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Vertical Market Power Analysis
To demonstrate a lack of vertical market power, if a public utility
with market-based rates, or any of its affiliates, owns, operates or
controls transmission facilities, that public utility must:
<bullet> Have on file a Commission-approved Open Access
Transmission Tariff \3\
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\3\ A part of the associated burden is reported separately in
information collections FERC-516 (OMB Control Number: 1902-0096).
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<bullet> Submit a description of its ownership or control of, or
affiliation with an entity that owns or controls:
[cir] Intrastate natural gas transportation, intrastate natural gas
storage or distribution facilities
[cir] Physical coal supply sources and ownership or control over
who may access transportation of coal supplies
<bullet> Make an affirmative statement that it and its affiliates
have not erected and will not erect barriers to entry into the relevant
market
Asset Appendix
In addition to the market power analyses, a seller must submit
information into the relational database in order to generate an asset
appendix. A seller must then reference this asset appendix via serial
number with its initial application for market-based rate authorization
or updated market power analysis, and all relevant change in status
filings. The asset appendix must:
<bullet> List, among other things, all affiliates that have market-
based rate authority
<bullet> List all generation assets owned (clearly identifying
which affiliate owns which asset) or controlled (clearly identifying
which affiliate controls which asset) by the corporate family by
balancing authority area, and by geographic region, and provide the in-
service date and nameplate and/or seasonal ratings by unit
<bullet> Must reflect if electric transmissions and natural gas
interstate pipelines and/or gas storage facilities are owned or
controlled by the corporate family and the balancing authority areas of
such facilities.
<bullet> List all long-term power purchases and sales agreements
attributed to a seller and its affiliates by the corporate family by
balancing authority area, and by geographic region, and provide the
start date and end date.
Triennial Market Power Analysis
Sellers that own or control 500 megawatts or more of generation
and/or that own, operate or control transmission facilities, are
affiliated with any entity that owns, operates or controls transmission
facilities in the same region as the seller's generation assets, or
with a franchised public utility in the same region as the seller's
generation assets are required to file updated market power analyses
every three years. The updated market power analyses must demonstrate
that a seller does not possess horizontal market power.
Change in Status Filings
Concerning changes in status filings, the Commission requires that
sellers file notices of such changes no later than each quarter after
the change in status occurs. The Commission also requires that each
seller must include an appendix in the relational database identifying
specified assets with each pertinent change in status notification
filed.
Relational Database Updates
A Seller must report on a monthly basis changes to its previously-
submitted relational database information, excluding updates to the
horizontal market power screens. These submissions must be made by the
15th day of the month following the change. These submissions include
the asset appendix information described above, as well as other
market-based information concerning seller category, operating reserves
authorization, identification of its ultimate upstream affiliate(s),
mitigation, and other limitations.
Exemptions From Submitting Updated Market Power Analyses
Wholesale power marketers and wholesale power producers that are
not affiliated with franchised public utilities or transmission owners,
that do not own transmission, and that do not, together with all of
their affiliates, own or control 500 megawatts or more of generation in
a relevant region are not required to submit updated market power
analyses. The Commission determines which sellers are in this category
through information filed by the utility either when the seller files
its initial application for market-based rate authorization or through
a separate filing made to request such a determination.
Type of Respondents: Public utilities, wholesale electricity
sellers.
Estimate of Annual Burden: \4\ The Commission estimates the total
annual burden and cost \5\ for this information collection as follows.
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\4\ ``Burden'' is 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 Title 5 CFR 1320.3.
\5\ The estimated hourly cost (salary plus benefits) provided in
this section is based on the salary figures for May 2021 posted by
the Bureau of Labor Statistics for the Utilities sector (available
at <a href="http://www.bls.gov/oes/current/naics2_22.htm#13-0000">http://www.bls.gov/oes/current/naics2_22.htm#13-0000</a>) and scaled
to reflect benefits using the relative importance of employer costs
in employee compensation from May 2021 (available at <a href="https://www.bls.gov/oes/current/naics2_22.htm">https://www.bls.gov/oes/current/naics2_22.htm</a>). The hourly estimates for
salary plus benefits are:
Economist (Occupation Code: 19-3011), $75.75
Electrical Engineer (Occupation Code: 17-2071), $72.15
Legal (Occupation Code: 23-0000), $142.25
The average hourly cost (salary plus benefits), weighting all of
these skill sets evenly, is $96.72. The Commission rounds it to $97/
hour.
[[Page 54994]]
FERC-919, Refinements to Policies and Procedures for Market Based Rates for Wholesale Sales of Electric Energy
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Annual number Annual cost
Requirement Number of of responses Total number Average burden & cost Total annual burden per respondent
respondents per respondent of responses per response hours & cost ($)
(1) (2) (1) * (2) = (4)..................... (3) * (4) = (5) \5\.... (5) / (1)
(3)
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Market Power Analysis in New 144 1 144 135 hrs.; $13,095....... 19,440 hrs.; $1,885,680 $13,095
Applications for Market-based rates.
Triennial market power analysis...... 65 1 65 133.23 hrs.; $12,923.31. 8,659.95 hrs.; 12,923.31
$840,015.15.
Asset appendix addition to change in 149 1 149 49 hrs.; $4,753......... 7,301 hrs.; $708,197... 4,753
status reports.
FERC-919A Burden carried over from 1,000 .333 333 2.44 hrs; \6\ $237.11... 814 hrs.; $78,958...... 237.11
Order 860-A Category 1-(Ongoing).
FERC-919A Burden carried over from 1,500 1 1,500 4.10 hrs; \7\ $397.96... 6,154 hrs.; $596,938... 397.96
Order 860-A Category 2-(Ongoing).
FERC-919A Burden Carried over from 440 1 440 46 hrs.; $4,462......... 20,240 hrs.; $1,963,280 4,462
Order 860-A Upstream Affiliates.
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Total............................ 3,298 .............. 2,631 ........................ 62,608.95 hrs.; ..............
$6,073,068.15.
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Row 1 (Market Power Analysis in New Applications for Market-based
rates) will have 144 filings. Row 2 (Triennial market power analysis)
will have 65 filings. Row 3 (Asset appendix addition to change in
status reports) will have 149 filings. There are a total of 358 filings
in Rows 1 through 3.
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\6\ The number used to calculate the costs is 2.4444 and was
rounded for the table.
\7\ The number used to calculate the costs is 4.1026 and was
rounded for the table.
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Currently, there are 2,729 sellers that would submit information
into the relational database. At the time of implementation of Order
No. 860, there were 2,647 sellers that would submit information into
the relational database in the first year of implementation. Six
institutional investors had FPA section 203(a)(2) blanket
authorizations, which collectively owned approximately 110 upstream
affiliates that themselves owned sellers. In the March Notice,\8\ the
Commission estimated an average of four sellers affected for every
upstream affiliate, equaling 440 total sellers during the first three
years of implementation of Order No. 860.
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\8\ Data Collection for Analytics & Surveillance & Mkt.-Based
Rate Purposes, 86 FR 17823 (Apr. 6, 2021), 174 FERC ] 61,214 (2021)
(March Notice).
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FERC-919A Burden carryover explanation:
<bullet> RM16-17-000 Final Rule (Order No. 860) (Category 1, 2nd
Year and Ongoing), as modified by Order of August 2021--to 814 hrs.)
<bullet> RM16-17-000 Final Rule (Order No. 860) (Category 2, 2nd
Year and Ongoing) as modified by Order of August 2021--to 6,154 hrs.)
Comments: Comments are invited on: (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: September 1, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-19404 Filed 9-7-22; 8:45 am]
BILLING CODE 6717-01-P
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