Justification for No Material or Non-Substantive Change, due to Rehearing Order 816-A in Docket RM14-14

FERC-919 (OMB Control No. 1902-0234)

(5/24/2016)

‘No Material or Non-Substantive Change’ to FERC-919, Made by the Rehearing Order of Final Rule (Order No. 816-A) in Docket No. RM14-14-001 (Refinements to Policies and Procedures for Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities).

The Commission issued this order on rehearing to address requests for rehearing and clarification of its Final Rule, Order No. 816,¹ which was issued on October 16, 2015. In Order No. 816-A,² the Commission, in most respects, affirms the determinations made in Order No. 816. However, regarding some issues, the Commission provides clarification. In providing clarification for certain issues, there is a non-substantive change to the burden on applicants and sellers. Below are the clarifications that have minimal effects on burden:

1. removing the requirement to list transmission facilities in the Transmission/Natural Gas Assets Sheet that have an OATT waiver or that qualify for the blanket OATT waiver (a slight burden decrease)

2. adding a source/sink column and a column for reporting generation unit/system contract type to the Long-Term Firm PPAs Sheet (slight burden increases)

3. removing column B, “Docket # where MBR authority was granted” from the Long-Term Firm PPAs Sheet and removing references to “EL” and “QF” in the instructions for Row [B] of the Generation Assets Sheet (de minimis decreases)

4. revising the regulation at 18 CFR 35.36(a)(4) to remove sites for generation capacity development from the definition of inputs to electric power production (no change to burden).

The Commission makes these minor changes in Order No. 816-A to better align the Commission’s regulations and reporting requirements with the text of Order No. 816 and to ensure that the reporting requirements are limited to information that is necessary for the Commission to administer its market-based rates program. As such, the Commission is not modifying the burden or cost associated with this information collection as established in Order No. 816.

The Commission is requesting that OMB approve this request for ‘no material or non-substantive change’ to the FERC-919 (OMB Control No. 1902-0234).

1 Refinements to Policies and Procedures for Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities, Order No. 816, FERC Stats. & Regs. ¶ 31,374 (2015). Order 816 is posted in FERC’s eLibrary at http://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=14016286.

2 Order 816-A was issued on May 19, 2016 and is posted at http://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=14251973 .