
[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Notices]
[Pages 818-820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31586]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. Ic14-2-000]


Commission Information Collection Activities (Ferc-919); Comment 
Request

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Comment request.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction 
Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory 
Commission (Commission or FERC) is submitting the information 
collection FERC-919 (Market Based Rates for Wholesale Sales of Electric 
Energy) to the Office of Management and Budget (OMB) for review of the 
information collection requirements. Any interested person may file 
comments directly with OMB and should address a copy of those comments 
to the Commission as explained below. The Commission issued a Notice in 
the Federal Register (78 FR 62006, 10/11/2013) requesting public 
comments. FERC received no comments on the FERC-919 and is making this 
notation in its submittal to OMB.

DATES: Comments on the collection of information are due by February 6, 
2014.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No. 
1902-0234, should be sent via email to the Office of Information and 
Regulatory Affairs: oira_submission@omb.gov. Attention: Federal Energy 
Regulatory Commission Desk Officer. The Desk Officer may also be 
reached via telephone at 202-395-4718.
    A copy of the comments should also be sent to the Federal Energy 
Regulatory Commission, identified by the 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.

[[Page 819]]

    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, by telephone at (202) 502-8663, and by 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 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 standards for use in the Commission's determination 
of whether a wholesale seller of electric energy, capacity, or 
ancillary services qualifies for obtaining and retaining 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 39,904 (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) & 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
     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

    The Commission requires authorized market-based rate sellers to 
file any change in status that would reflect a departure from the 
characteristics the Commission relied upon in granting market-rate 
authority.\4\ Notices of change in status must be filed no later than 
30 days after the change in status occurs. The Commission requires that 
each seller include an appendix identifying specified assets with each 
pertinent change in status filing. Change in status filings include, 
but are not limited to:
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    \4\ 18 CFR 35.42.
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     (1) A net increase of 100 MW or more in ownership or 
control of generation capacity;
     (2) affiliation with an entity not disclosed in the 
application for market-based rate authority that owns or controls 
generation, transmission, or has a franchised service area; or
     (3) the acquisition of control of any site(s) 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.

[[Page 820]]

Quarterly Land Acquisition Reports

    FERC also requires that all entities with market-based rate 
authorization report on a quarterly basis,\5\ the acquisition of 
control of any site(s) 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(s) for which new generation capacity 
development is equal to 100 megawatts or more.
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    \5\ 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 sellers with market-
based rate authority are only able to charge rates that are just and 
reasonable.
    Type of Respondents: Public utilities, wholesale electricity 
sellers.
    Estimate of Annual Burden 6: The Commission estimates the total 
Public Reporting Burden for this information collection as:
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    \6\ Burden is defined 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 Code of Federal Regulations 1320.3.

                       FERC-919--Market Based Rates for Wholesale Sales of Electric Energy
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                                                                   Total number                      Estimated
                                     Number of       Number of     of responses   Average burden   total annual
          Requirements              respondents    responses per    (A) x (B) =      hours per     burden (C) x
                                        (A)       respondent (B)        (C)        response (D)         (D)
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Market Power Analysis in New                 213               1             213             250          53,250
 Applications for Market-based
 Rates [18 CFR 35.37(a)]........
Triennial market power analysis               83               1              83             250          20,750
 in seller updates [18 CFR
 35.37(a)]......................
Quarterly land acquisition                   373            2.15             802               4           3,208
 reports [18 CFR 35.42(d)]......
Change in status reports [18 CFR             237               1             237           34.75           8,236
 35.42].........................
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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 \7\) = $7,268,721]
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    \7\ 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: December 30, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-31586 Filed 1-6-14; 8:45 am]
BILLING CODE 6717-01-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][NOTICES]


