Notice2026-10091
Commission Information Collection Activities (FERC-919); Comment Request; Extension
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 20, 2026
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 (Commission or FERC) is soliciting public comment on the currently approved information collection 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).
Full Text
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<title>Federal Register, Volume 91 Issue 97 (Wednesday, May 20, 2026)</title>
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[Federal Register Volume 91, Number 97 (Wednesday, May 20, 2026)]
[Notices]
[Pages 29479-29481]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10091]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC26-30-000]
Commission Information Collection Activities (FERC-919); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission, DOE.
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 (Commission or
FERC) is soliciting public comment on the currently approved
information collection 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).
DATES: Comments on the collections of information are due July 20,
2026.
ADDRESSES: Please submit comments via email to <a href="/cdn-cgi/l/email-protection#88cce9fce9cbe4ede9fae9e6ebedc8cecddacba6efe7fe"><span class="__cf_email__" data-cfemail="0e4a6f7a6f4d626b6f7c6f606d6b4e484b5c4d20696178">[email protected]</span></a>.
You must specify the Docket No. (IC26-30-000) and the FERC Information
Collection number (FERC-919) in your email. If you are unable to file
electronically, comments may be filed by USPS mail or by hand
(including courier) delivery:
<bullet> Mail via U.S. Postal Service only, addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
<bullet> Hand (including courier) delivery to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
Docket: To view comments and issuances in this docket, please visit
<a href="https://elibrary.ferc.gov/eLibrary/search">https://elibrary.ferc.gov/eLibrary/search</a>.
FOR FURTHER INFORMATION CONTACT: Kayla Williams may be reached by
email at <a href="/cdn-cgi/l/email-protection#cf8baebbae8ca3aaaebdaea1acaa8f898a9d8ce1a8a0b9"><span class="__cf_email__" data-cfemail="1256736673517e777360737c717752545740513c757d64">[email protected]</span></a>, or by telephone at (202)502-6468.
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 and 919A (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 and will 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\ codifies 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
In order to analyze the capability and efficiency of horizontal
market power (demonstrates what is lacking), the Commission uses 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
[[Page 29480]]
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 analysis, 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, 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 an
asset appendix in the relational database with its initial application
for market-based rate authorization or updated market power analysis,
and all relevant changes 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 all electric transmissions and natural gas
interstate pipelines and/or gas storage facilities owned or controlled
by the corporate family and the location 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 are required to file updated market power analyses every
three years if they meet any of the following conditions: 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. 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 monthly about any change 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 are not
required to submit updated market power analyses if they: are not
affiliated with franchised public utilities or transmission owners, do
not own transmission, and do not, together with all of their
affiliates, own or control 500 megawatts or more of generation in a
relevant region. 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 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.
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 \5\ ($)
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(1) (2) (1) * (2) = (4)..................... (3) * (4) = (5)........ (5) / (1)
(3)
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Market Power Analysis in New 350 1 350 135 hrs.; $12,960....... 47,250 hrs.; $4,536,000 $12,960
Applications for Market-based rates.
Triennial market power analysis...... 142 1 142 133.23 hrs.; $12,790.... 18,919 hrs.; $1,816,224 12,790
[[Page 29481]]
Asset appendix addition to change in 355 1 355 49 hrs.; $4,704......... 17,395 hrs.; $1,699,920 4,704
status reports.
Order 860-A Category 1--(Ongoing).... 1,000 .333 333 2.44 hrs.; \6\ $234.24.. 813 hrs.; $78,048...... 234.24
Order 860-A Category 2--(Ongoing).... 2,500 1 2500 4.10 hrs.; \7\ $393.60.. 10,250 hrs.; $984,000.. 393.60
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Total............................ 4,347 .............. 3,680 ........................ 94,627 hrs.; $9,084,192 ..............
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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.
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\5\ The estimated hourly cost (salary plus benefits) provided in
this section is based on the salary figures for April 2025 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), $77.04.
Electrical Engineer (Occupation Code: 17-2071), $71.19.
Legal (Occupation Code: 23-0000), $140.76.
The average hourly cost (salary plus benefits), weighting all of
these skill sets evenly, is $96.33. The Commission rounds it to $96/
hour.
\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.
Dated: May 15, 2026.
Carlos D. Clay,
Deputy Secretary.
[FR Doc. 2026-10091 Filed 5-19-26; 8:45 am]
BILLING CODE 6717-01-P
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