[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25399-25400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08800]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RM16-17-001, ER21-331-000, ER21-330-000]


Data Collection for Analytics and Surveillance and Market-Based 
Rate Purposes, DDP Specialty Electronic Materials US, Inc., MC (US) 3, 
LLC; Order on Intent To Revoke Market-Based Rate Authority

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and 
18 CFR part 35 (2022), require, among other things, that all rates, 
terms, and conditions for jurisdictional services be filed with the 
Commission. In Order No. 697 and its progeny,\1\ the Commission 
established certain requirements with which sellers \2\ must comply in 
order to obtain and retain market-based rate authority.\3\
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    \1\ Mkt.-Based Rates for Wholesale Sales of Elec. Energy, 
Capacity & Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC 
] 61,295 clarified, 121 FERC ] 61,260 (2007), order on reh'g, Order 
No. 697-A, 123 FERC ] 61,055, clarified, 124 FERC ] 61,055, order on 
reh'g, Order No. 697-B, 125 FERC ] 61,326 (2008), order on reh'g, 
Order No. 697-C, 127 FERC ] 61,284 (2009), order on reh'g, Order No. 
697-D, 130 FERC ] 61,206 (2010), aff'd sub nom. Mont. Consumer 
Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011).
    \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 FPA. 18 CFR 35.36(a)(1) (2022); 16 U.S.C. 824d. 
Each seller is a public utility under section 205 of the FPA. 16 
U.S.C. 824.
    \3\ Order No. 697, 119 FERC ] 61,295 at n.258.
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    In Order No. 860,\4\ the Commission revised certain aspects of the 
substance and format of the ownership information sellers must submit 
in order to obtain or retain market-based rate authority. Specifically, 
Order No. 860 requires that, as part of its market-based rate 
application or baseline submission, a seller must identify its ultimate 
upstream affiliate(s) through a new relational database.\5\
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    \4\ Data Collection for Analytics & 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).
    \5\ Order No. 860, 168 FERC ] 61,039 at P 121.
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    2. In accordance with Order No. 860, as modified by Order No. 860-
A, the Order Adopting Revisions to Information Collection,\6\ and the 
Notice of Extension of Time,\7\ each seller with a market-based rate 
tariff on file with the Commission was required to make a baseline 
submission to the market-based rate relational database by February 1, 
2022.\8\ Commission staff's review of the baseline submissions to the 
market-based rate relational database indicates that the sellers with 
market-based rate authorization listed in the caption of this order 
failed to file their baseline submissions. This order notifies these 
sellers that their market-based rate authorizations will be revoked 
unless they comply with the Commission's requirements within 15 days of 
the date of issuance of this order.\9\
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    \6\ Data Collection for Analytics & Surveillance and Mkt.-Based 
Rate Purposes, 176 FERC ] 61,109 (2021) (Order Adopting Revisions to 
Information Collection).
    \7\ Data Collection for Analytics and Surveillance and Mkt.-
Based Rate Purposes, Notice of Extension of Time, Docket No. RM16-
17-000 (Oct. 22, 2021).
    \8\ A baseline submission consists of ``market-based rate 
information,'' which includes (a) seller category status for each 
region in which the seller has market-based rate authority, (b) each 
market in which the seller is authorized to sell ancillary services 
at market-based rates, (c) mitigation, if any, and (d) whether the 
seller has limited the regions in which it has market-based rate 
authority. A baseline submission also consists of ``market-based 
rate ownership information,'' which includes ultimate upstream 
affiliates; and affiliate owners with franchised service areas, 
market-based rate authority, or that directly own or control 
generation; transmission, intrastate natural gas transportation, 
storage or distribution facilities, physical coal supply sources or 
ownership of or control over who may access transportation of coal 
supplies, and asset appendix information. Order No. 860, 168 FERC ] 
61,039 at P 185.
    \9\ Commission staff contacted or attempted to contact the 
sellers to remind them of their regulatory obligations. Despite 
these reminders, however, the sellers listed in the caption of this 
order have not met these obligations.
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    3. To comply with the Commission's requirements, the above-
captioned sellers must file their baseline submissions to the market-
based rate relational database consistent with the procedures set forth 
in Order Nos. 860, 860-A, and the Order Adopting Revisions to 
Information Collection.
    4. In the event any of the above-captioned sellers have already 
submitted their baseline submissions in compliance with the 
Commission's requirements, their inclusion herein is inadvertent. Such 
sellers are directed to make a filing with the Commission, within 15 
days of the date of issuance of this order, to identify themselves and 
provide details about their prior submissions to establish that they

[[Page 25400]]

complied with the Commission's market-based rate relational database 
filing requirements.
    5. If any of the above-captioned sellers do not wish to continue 
having market-based rate authority, they may file a notice of 
cancellation of their market-based rate tariffs with the Commission 
pursuant to section 205 of the FPA.
    The Commission orders:
    (A) Within 15 days of the date of issuance of this order, each 
seller listed in the caption of this order shall file with the 
Commission its delinquent baseline submission to the market-based rate 
relational database. If a seller subject to this order fails to make 
the filings required in this order, the Commission intends to revoke 
that seller's market-based rate authorization and intends to terminate 
its electric market-based rate tariff. The Secretary is hereby 
directed, upon expiration of the filing deadline in this order, to 
promptly issue a notice, effective on the date of issuance, listing the 
sellers whose tariffs have been revoked for failure to comply with the 
requirements of this order and the Commission's market-based rate 
relational database requirements.
    (B) The Secretary is hereby directed to publish this order in the 
Federal Register.

    By the Commission.

    Issued April 20, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-08800 Filed 4-25-23; 8:45 am]
BILLING CODE 6717-01-P