FERC-919, (NOPR in RM14-14) Market Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
RM14-14NOPR_FERC-919 supp state10_3_14b.doc	Supporting Statement A	Uploaded 2014-10-03	Available
RM14-14news release20140619-3054.pdf	Supplementary Document	Uploaded 2014-06-19	Available
RM14-14_E-6-Presentation.pdf	Supplementary Document	Uploaded 2014-06-19	Available
16 USC 824e.pdf	Supplementary Document	Uploaded 2014-01-09	Available
16 USC 824d.pdf	Supplementary Document	Uploaded 2014-01-09	Available
18 CFR 35 Subpart H.pdf	Supplementary Document	Uploaded 2014-01-07	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
23282	Market power analysis in new applications for market-based rates (18 CFR 35.37a)		Modified
195388	Change in Status Filings (18 CFR 35.42(a))		Modified
195387	Quarterly land acquisition reports (18 CFR 35.42(d))		Removed
195386	Triennial market power analysis in category 2 seller updates (18 CFR 35.37a)		Modified

ICR Details

OMB Control No: 1902-0234	ICR Reference No: 201406-1902-011
Status: Historical Inactive	Previous ICR Reference No: 201312-1902-001
Agency/Subagency: FERC	Agency Tracking No: FERC-919
Title: FERC-919, (NOPR in RM14-14) Market Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 10/03/2014
	Date Received in OIRA: 07/25/2014
Terms of Clearance: Terms of the previous clearance remain in effect. In accordance with 5 CFR 1320, OMB is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OMB a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2017	36 Months From Approved	02/28/2017
Responses	1,335	0	1,335
Time Burden (Hours)	85,444	0	85,444
Cost Burden (Dollars)	0	0	0

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Abstract: Compliance with Federal Power Act (FPA) Sections 205 and 206 make the FERC-919 information collection necessary. Specifically, 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 its original authorization to charge market-based rates. The information collection requirements for FERC-919 are contained within the following categories [pre-NOPR in RM14-14]: • Initial market power analyses to qualify for authority to charge market-based rates; • Triennial market power analysis in Category 2 seller updates • Quarterly land acquisition reports ; • Change in status reports . The Commission will use information collected under FERC-919 to ensure that market-based rates charged by public utilities are just and reasonable, as Congress has mandated it to do. 18 CFR 35 contains the regulations necessary to require sellers to submit market power analyses and related reports. In this NOPR in Docket RM14-14, FERC is proposing to amend its regulations to revise Subpart H to Part 35 of Title 18 of the Code of Federal Regulations governing market-based rates for public utilities pursuant to the Federal Power Act (FPA). The Commission is proposing to revise its current standards for market-based rates for sales of electric energy, capacity, and ancillary services to streamline certain aspects of its filing requirements to reduce the administrative burden on applicants and the Commission. In addition, the Commission provides some clarification regarding the standards for obtaining and retaining market-based rate authority. The changes include: (1) eliminating the requirement for sellers in an RTO to file indicative screens; (2) creating a threshold for reporting new affiliations only if they result in a 100 MW or more cumulative change in generation capacity; and (3) discontinuing land acquisition reporting requirements for market-based rate sellers, and (4)other clarifications, reductions, and slight increases to obtain details for some data.

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Authorizing Statute(s): US Code: 16 USC 824(d),(e) Name of Law: Federal Power Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1902-AE85	Proposed rulemaking	79 FR 43536	07/25/2014

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

table that charts list of burden

IC Title	Form No.	Form Name
Quarterly land acquisition reports (18 CFR 35.42(d))
Change in Status Filings (18 CFR 35.42(a))
Triennial market power analysis in category 2 seller updates (18 CFR 35.37a)
Market power analysis in new applications for market-based rates (18 CFR 35.37a)

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: Proposals in NOPR in RM14-14. After more than six years of experience with the implementation of Order No. 697, this NOPR in RM14-14 proposes certain changes and clarifications in order to streamline and simplify the market-based rate program, and to enhance and improve the program's processes and procedures. Based on experience, FERC has found that the burdens associated with some requirements may outweigh the benefits in certain circumstances. For these reasons, we propose a number of changes to the market-based rate program which, taken as a whole, will reduce the burden on industry and the Commission, while continuing to ensure that the standards for market-based rate sales of electric energy, capacity and ancillary services result in sales that are just and reasonable. The NOPR also includes proposed minor changes that will add clarity to, and improve transparency in, the market-based rate program. (The responses to Questions 1, 5 and 15 in the supporting statement provide additional details.)

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Annual Cost to Federal Government: $2,936,912

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/25/2014

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