[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Notices]
[Pages 64826-64828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27292]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC18-20-000]


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, the Federal Energy Regulatory Commission (Commission or 
FERC) is soliciting public comment on the currently approved 
information collection, FERC-919 (Refinement to Policies and Procedures 
for Market Based Rates for Wholesale Sales of Electric Energy, Capacity 
and Ancillary Services by Public Utilities), which will be submitted to 
the Office of Management and Budget (OMB) for a review of the 
information collection requirements.

DATES: Comments on the collection of information are due [Insert date 
that is 30 days after publication in the Federal Register.].

ADDRESSES: Comments filed with OMB, identified by OMB Control No. 1902-
0234, should be sent via email to the Office of Information and 
Regulatory Affairs: [email protected]. Attention: Federal Energy 
Regulatory Commission Desk Officer. The Desk Officer may also be 
reached via telephone at 202-395-8528.
    A copy of the comments should also be sent to the Commission, in 
Docket No. IC18-20-000 by either of the following methods:
     eFiling at Commission's website: 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 [email protected], 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.

[[Page 64827]]


FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at 
[email protected], telephone at (202) 502-8663, and fax at (202) 
273-0873.

SUPPLEMENTARY INFORMATION: 
    Title: FERC-919, Refinement to Policies and Procedures for Market 
Based Rates for Wholesale Sales of Electric Energy, Capacity and 
Ancillary Services by Public Utilities.
    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 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 use the 
workable electronic spreadsheet provided in Appendix A of Subpart H and 
include all materials referenced.

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:
     Have on file a Commission-approved Open Access 
Transmission Tariff \2\
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    \2\ A part of the associated burden is reported separately in 
information collections FERC-516 (OMB Control Number: 1902-0096).
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     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
     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 transmissions and natural gas 
interstate 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

    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 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.

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 MW 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 Code of Federal Regulations 1320.3.
    \5\ The estimated hourly costs (for wages and benefits) provided 
in this section are based on the figures for May 2017 posted by the 
Bureau of Labor Statistics (BLS) for the Utilities section available 
(at https://www.bls.gov/oes/current/naics2_22.htm) and benefits 
information (for December 2017, issued March 20, 2018, at https://www.bls.gov/news.release/ecec.nr0.htm). The hourly estimates for 
salary plus benefits are:
    --Economist (Occupation Code: 19-3011), $71.98
    --Electrical Engineers (Occupation Code: 17-2071), $66.90
    --Lawyers (Occupation Code: 23-0000), $143.68
    The average hourly cost (salary plus benefits), weighing all of 
these skill sets evenly, is $94.18. The Commission rounds it down to 
$94/hour.

[[Page 64828]]



                FERC-919, Market Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities
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                                                       Annual  number
                                          Number of      of responses   Total  number    Average burden & cost     Total annual burden     Annual  cost
             Requirement                 respondents         per        of  responses        per response              hours & cost       per respondent
                                                         respondent                                                                             ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                  (3)
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Market Power Analysis in New                      144               1             144  250 hrs.; $23,500.......  36,000 hrs.; $3,384,000         $23,500
 Applications for Market-based rates.
Triennial market power analysis in                 65               1              65  250 hrs.; $23,500.......  16,250 hrs.; $1,527,500          23,500
 seller updates.
Appendix B addition to change in                  149               1             149  49 hrs.; $4,606.........  7,301 hrs.; $686,294...           4,606
 status reports.
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    Total............................  ..............  ..............             358  ........................  59,551 hrs.; 5,597,794.  ..............
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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 11, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-27292 Filed 12-17-18; 8:45 am]
 BILLING CODE 6717-01-P