
[Federal Register Volume 78, Number 198 (Friday, October 11, 2013)]
[Notices]
[Pages 62006-62007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24440]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 78, No. 198 / Friday, October 11, 2013 / 
Notices  

[[Page 62006]]



DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC14-2-000]


Commission Information Collection Activities (FERC-919); 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, 44 U.S.C. 3506(c)(2)(A), the Federal Energy Regulatory 
Commission (Commission or FERC) is soliciting public comment on the 
currently approved information collection, FERC-919 (Market Based Rates 
for Wholesale Sales of Electric Energy).

DATES: Comments on the collection of information are due December 10, 
2013.

ADDRESSES: You may submit comments (identified by Docket No. IC14-2-
000) by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in 
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support 
by email at ferconlinesupport@ferc.gov, or by phone at: (866) 208-3676 
(toll-free), or (202) 502-8659 for TTY.
    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 http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at 
DataClearance@FERC.gov, telephone at (202) 502-8663, and fax at (202) 
273-0873.

SUPPLEMENTARY INFORMATION:
    Title: Market Based Rates for Wholesale Sales of Electric Energy.
    OMB Control No.: 1902-0234.
    Type of Request: Three-year extension of the FERC-919 information 
collection requirements with no changes to the current reporting 
requirements.
    Abstract: The FERC-919 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.
    In 18 Code of Federal Regulations (CFR) Part 35, Subpart H,\1\ the 
Commission 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.
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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), FERC Stats. & Regs. ] 31,252 (2007) 
(Final Rule).
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Horizontal Market Power Analysis

    Market power analyses must address both horizontal and vertical 
market power. To demonstrate 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 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 use the form provided in Appendix A of Subpart 
H and include all materials referenced.

Vertical Market Power Analysis

    To demonstrate a lack of vertical market power to the extent that a 
public utility with market-based rates, or any of its affiliates, owns, 
operates or controls transmission facilities, it must:

 Have on file a Commission-approved Open Access Transmission 
Tariff \2\
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    \2\ Burden reported separately in information collections FERC-
516 (OMB Control Number: 1902-0096) and FERC-917 (OMB Control 
Number: 1902-0233).
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 Demonstrate that neither it nor its affiliates can erect other 
barriers to entry
 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] Sites for generation capacity development; and physical coal 
supply sources and ownership or control over who may access 
transportation of coal supplies
 Make an affirmative statement that it has 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 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:

 List, among other things, all affiliates that have market-
based rate authority and identify any generation assets owned or 
controlled by the seller and any such affiliate
 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

[[Page 62007]]

 Must reflect all electric transmission and natural gas 
intrastate pipelines and/or gas storage facilities owned or controlled 
by the corporate family and the location of such facilities \3\
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    \3\ See Subpart H, Appendix B for standard form.
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Triennial Market Power Analysis Update

    Sellers that own or control more than 500 megawatts 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 change of status filings, the Commission requires that 
sellers file notices of such changes no later than 30 days after the 
change in status occurs. The Commission also requires that each seller 
include an appendix identifying specified assets with each pertinent 
change in status notification filed. Entities must submit a 
notification of change in status to report the acquisition of control 
of a site or sites for new generation capacity (described in the 
Quarterly Land Acquisition section below).

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 more than 500 MW of generation in the 
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.

Quarterly Land Acquisition Reports

    FERC also requires that all entities with market-based rate 
authorization to report on a quarterly basis,\4\ the acquisition of 
control of a site or sites for new generation capacity development for 
which site control has been demonstrated in the interconnection process 
and for which the potential number of megawatts that are reasonably 
commercially feasible on the site or sites for which new generation 
capacity development is equal to 100 megawatts or more.
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    \4\ All other change in status reports must be filed no later 
than 30 days after the change in status occurs. (18 CFR 35.42)
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    The market power analyses help to inform the Commission as to 
whether entities have market power and whether market-based rate 
authority yields rates that are just and reasonable.
    Type of Respondents: Public utilities, wholesale electricity 
sellers
    Estimate of Annual Burden: \5\ The Commission estimates the total 
Public Reporting Burden for this information collection as:
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    \5\ The Commission defines burden as 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, reference 5 CFR 1320.3.

                       FERC-919--Market Based Rates for Wholesale Sales of Electric Energy
----------------------------------------------------------------------------------------------------------------
                                                                                          Average     Estimated
                                              Number of      Number of       Total     burden hours     total
                Requirements                 respondents   responses per   number of        per         annual
                                                            respondent     responses     response       burden
                                                     (A)          (B)     (A)x(B)=(C)        (D)         (C)x(D)
----------------------------------------------------------------------------------------------------------------
Market Power Analysis in New Applications            213            1             213        250          53,250
 for Market-based Rates [18 CFR 35.37(a)]..
Triennial market power analysis in seller             83            1              83        250          20,750
 updates [18 CFR 35.37(a)].................
Quarterly land acquisition reports [18 CFR           373            2.15          802          4           3,208
 35.42(d)].................................
Appendix B addition to change in status              237            1             237         34.75        8,236
 reports [18 CFR 35.42(a)].................
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    Total..................................  ...........  ..............  ...........  ............       85,444
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    The total estimated annual cost burden to respondents is $7,268,721 
[85,444 hours * $85.07) \6\ = $7,268,721].
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    \6\ The Commission staff calculated this figure using an average 
of salaries (including benefits: http://www.bls.gov/news.release/ecec.nr0.htm) between three occupational categories (http://bls.gov/oes/current/naics2_22.htm):
    Economist: $67.57/hour
    Electrical Engineer: $59.62/hour
    Lawyer: $128.02/hour
    ($67.57 + $59.62 + $128.02) / 3 = $85.07/hour
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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.

    Dated: October 4, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-24440 Filed 10-10-13; 8:45 am]
BILLING CODE 6717-01-P


