[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Rules and Regulations]
[Pages 21935-21936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06090]


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DEPARTMENT OF ENERGY

FEDERAL ENERGY REGULATORY COMMISSION

18 CFR Part 35

[Docket No. RM16-17-000; Order No. 860]


Data Collection for Analytics and Surveillance and Market-Based 
Rate Purposes

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule; delay of compliance.

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SUMMARY: The Commission delays the compliance date for the requirements 
of its final rule, ``Data Collection for Analytics and Surveillance and 
Market-Based Rate Purposes'' (Order No. 860) until July 1, 2021.

DATES: The compliance date for the final rule published on July 26, 
2019, at 84 FR 36390 (Order No. 860), is delayed to July 1, 2021.

FOR FURTHER INFORMATION CONTACT: 
Ryan Stertz (Technical Information), Office of Energy Market 
Regulation, Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426, (202) 502-6473, [email protected]
Regine Baus (Legal Information), Office of the General Counsel, Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 
20426, (202) 502-8757, [email protected]

SUPPLEMENTARY INFORMATION: 
    1. In this Final Rule, the Commission delays the compliance date 
for the requirements of Order No. 860 until July 1, 2021.

I. Background

    1. On July 18, 2019, the Commission issued Order No. 860,\1\ which 
revised certain aspects of the substance and format of information 
submitted for market-based rate purposes by Sellers.\2\ Specifically, 
the Commission adopted the approach to data collection proposed in the 
Notice of Proposed Rulemaking issued in July 2016, i.e., to collect 
market-based rate information in a relational database.\3\ The current 
effective date of Order No. 860 was October 1, 2020.\4\
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    \1\ Data Collection for Analytics & Surveillance and Market-
Based Rate Purposes, Order No. 860, 84 FR 36390 (Jul. 26, 2019) 168 
FERC ] 61,039 (2019), order on reh'g, Order No. 860-A, 85 FR 13013 
(Mar. 6, 2020) 170 FERC ] 61,129 (2020).
    \2\ A Seller is defined as any person that has authorization to 
or seeks authorization to engage in sales for resale of electric 
energy, capacity or ancillary services at market-based rates under 
section 205 of the Federal Power Act (FPA). 18 CFR 35.36(a)(1); 16 
U.S.C. 824d.
    \3\ Data Collection for Analytics & Surveillance and Market-
Based Rate Purposes, Notice of Proposed Rulemaking, 81 FR 51726 
(Aug. 4, 2016), 156 FERC ] 61,045 (2016).
    \4\ On May 20, 2020, the Commission issued a Notice of Extension 
of Time to notify industry that the implementation of Order No. 860 
would be delayed by six months.
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    2. On March 18, 2021, the Commission issued a Notice Seeking 
Comments (Notice) on a proposal to collect additional data from certain 
Sellers through revisions to the data dictionary and XML schema that 
accompany the relational database established in Order No. 860 (MBR 
Data Dictionary).\5\ Specifically, the Notice proposes to update the 
MBR Data Dictionary and add three new attributes to the Entities to 
Entities table. This requirement includes submitting into

[[Page 21936]]

the relational database the docket number of the section 203(a)(2) 
blanket authorization, the identifier(s) of the upstream affiliate(s) 
whose securities were acquired pursuant to the section 203(a)(2) 
blanket authorization, and the type of identifier(s) reported. The 
appropriate Sellers would be required to submit the docket number of 
the proceeding in which the Commission granted the section 203(a)(2) 
blanket authorization and the proper identifier(s) for the upstream 
affiliate(s) whose securities were acquired pursuant to the section 
203(a)(2) blanket authorization.
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    \5\ Data Collection for Analytics & Surveillance and Market-
Based Rate Purposes, Proposed revision of collected information; 
request for comments, 86 FR 17823 (Apr. 6, 2021), 174 FERC ] 61,214 
(2021).
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II. Discussion

    3. The Notice requests that comments on the proposal be filed 60 
days after the publication to the Federal Register. A delay in the 
compliance date of Order No. 860 is necessary to allow for public 
comment on the Commission's proposal in the Notice and for the 
Commission to have adequate time to review those comments. Accordingly, 
we extend the compliance date for the requirements of Order No. 860 to 
July 1, 2021. Other implementation dates in Order No. 860 are 
correspondingly extended as shown in the attached Appendix.
    4. Notice and comment on this delay in compliance is unnecessary 
because the delay is short, the compliance dates remain aligned with 
the dates established in Order No. 860 (as shown in the Appendix), and 
there is no change to the policy effectuated by Order No. 860.

III. Information Collection Statement

    5. This final rule delays compliance to Order No. 860 but does not 
change any reporting or recordkeeping requirements. Therefore, there is 
no change in estimated burden or cost from Order No. 860.

IV. Environmental Analysis

    6. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant adverse effect on the human environment.\6\ The 
Commission has categorically excluded certain actions from these 
requirements as not having a significant effect on the human 
environment.\7\ The actions proposed here fall within a categorical 
exclusion in the Commission's regulations, i.e., they involve 
information gathering, analysis, and dissemination.\8\ Therefore, 
environmental analysis is unnecessary and has not been performed.
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    \6\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 
] 30,783 (1987) (cross-referenced at 41 FERC ] 61,284).
    \7\ Id.
    \8\ 18 CFR 380.4.
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V. Regulatory Flexibility Act

    7. This final rule delays compliance to Order No. 860 but does not 
change any reporting or record keeping requirements. Therefore, there 
is no change in the estimated impact on small entities. Accordingly, we 
certify that this final rule will not have a significant economic 
impact on a substantial number of small entities.

VI. Document Availability

    8. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
internet through FERC's Home Page (http://www.ferc.gov). At this time, 
the Commission has suspended access to the Commission's Public 
Reference Room due to the President's March 13, 2020 proclamation 
declaring a National Emergency concerning the Novel Coronavirus Disease 
(COVID-19).
    9. From the Commission's Home Page on the internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    10. User assistance is available for eLibrary and the FERC's 
website during normal business hours from FERC Online Support at (202) 
502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

    By the Commission.

    Dated: March 18, 2021.
Kimberly D. Bose,
Secretary.

Appendix

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               Activity                              Current order No. 860 schedule                 Revised, three-month delay of compliance schedule
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Testing period for the MBR Database...  Through Mar. 31, 2021..................................  Through Jun. 30, 2021.
``Go-live'' date of MBR Database......  Apr. 1, 2021...........................................  Jul. 1, 2021.
Sellers should create needed            Apr. 1, 2021-June 30, 2021.............................  Jul. 1, 2021-Sep. 30, 2021.
 identifiers (FERC Generated IDs and
 Asset IDs) in the MBR Portal and
 prepare their baseline submissions.
Baseline submissions are due..........  By Aug. 2, 2021........................................  By Nov. 2, 2021.
First change in status filings under    By Aug. 31, 2021.......................................  By Nov. 30, 2021.
 new timelines are due.
Second change in status filings under   By Oct. 31, 2021.......................................  By Jan. 31, 2022.
 quarterly reporting requirement are
 due.
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[FR Doc. 2021-06090 Filed 4-23-21; 8:45 am]
BILLING CODE 6717-01-P