30-day notice, published in Fed. Reg.

919_30day_FR_2018-27292.pdf

FERC-919, Refinements to Policies and Procedures for Market Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities

30-day notice, published in Fed. Reg.

OMB: 1902-0234

Document [pdf]
Download: pdf | pdf
64826

Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket Nos. EL19–19–000, EL19–20–000,
EL19–21–000]

Bayou Cove Peaking Power, LLC;
Louisiana Generating LLC; Big Cajun I
Peaking Power LLC; Notice of
Institution of Section 206 Proceeding
and Refund Effective Date
On December 12, 2018, the
Commission issued an order in Docket
Nos. EL19–19–000, EL19–20–000, and
EL19–21–000, pursuant to section 206
of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an
investigation into whether the abovecaptioned entities’ proposed Rate
Schedules for Reactive Service may be
unjust and unreasonable. Bayou Cove
Peaking Power, LLC, et al., 165 FERC
61,227 (2018).
The refund effective date in Docket
Nos. EL19–19–000, EL19–20–000, and
EL19–21–000, established pursuant to
section 206(b) of the FPA, will be the
date of publication of this notice in the
Federal Register.
Any interested person desiring to be
heard in Docket Nos. EL19–19–000,
EL19–20–000, and EL19–21–000 must
file a notice of intervention or motion to
intervene, as appropriate, with the
Federal Energy Regulatory Commission,
888 First Street, NE, Washington, DC
20426, in accordance with Rule 214 of
the Commission’s Rules of Practice and
Procedure, 18 CFR 385.214 (2018),
within 21 days of the date of issuance
of the order.
Dated: December 12, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018–27319 Filed 12–17–18; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER19–529–000]

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Brookfield Renewable Trading and
Marketing LP; Supplemental Notice
That Initial Market-Based Rate Filing
Includes Request for Blanket Section
204 Authorization
This is a supplemental notice in the
above-referenced proceeding of
Brookfield Renewable Trading and
Marketing LP’s application for marketbased rate authority, with an
accompanying rate tariff, noting that
such application includes a request for

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blanket authorization, under 18 CFR
part 34, of future issuances of securities
and assumptions of liability.
Any person desiring to intervene or to
protest should file with the Federal
Energy Regulatory Commission, 888
First Street, NE, Washington, DC 20426,
in accordance with Rules 211 and 214
of the Commission’s Rules of Practice
and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to
intervene or protest must serve a copy
of that document on the Applicant.
Notice is hereby given that the
deadline for filing protests with regard
to the applicant’s request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability, is January 2,
2019.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
FERC Online links at http://
www.ferc.gov. To facilitate electronic
service, persons with internet access
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
should submit an original and 5 copies
of the intervention or protest to the
Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC
20426.
The filings in the above-referenced
proceeding are accessible in the
Commission’s eLibrary system by
clicking on the appropriate link in the
above list. They are also available for
electronic review in the Commission’s
Public Reference Room in Washington,
DC. There is an eSubscription link on
the website that enables subscribers to
receive email notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please email
[email protected] or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Dated: December 12, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018–27315 Filed 12–17–18; 8:45 am]
BILLING CODE 6717–01–P

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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
Federal Energy Regulatory
Commission.
ACTION: Notice of information collection
and request for comments.
AGENCY:

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/submissionguide.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/docsfiling/docs-filing.asp.
SUMMARY:

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Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices
FOR FURTHER INFORMATION CONTACT:

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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 marketbased rate authority. Subpart H
mandates that sellers submit market
power analyses and related filings.

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 Commissionapproved Open Access Transmission
Tariff 2
• Submit a description of its
ownership or control of, or affiliation
with an entity that owns or controls:
Æ Intrastate natural gas
transportation, intrastate natural gas
storage or distribution facilities
Æ 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

64827

pipelines and/or gas storage facilities
owned or controlled by the corporate
family and the location of such
facilities.3
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

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

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 inservice date and nameplate and/or
seasonal ratings by unit
• Must reflect all electric
transmissions and natural gas interstate

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.

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).
2 A part of the associated burden is reported
separately in information collections FERC–516
(OMB Control Number: 1902–0096).
3 See Subpart H, Appendix B for standard form.
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.

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64828

Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices

FERC–919, MARKET BASED RATES FOR WHOLESALE SALES OF ELECTRIC ENERGY, CAPACITY AND ANCILLARY SERVICES
BY PUBLIC UTILITIES

Requirement

Number of
respondents

Annual
number
of responses
per
respondent

Total
number of
responses

Average burden
& cost per
response

Total annual burden hours & cost

Annual
cost per
respondent
($)

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

(5) ÷ (1)

Market Power Analysis in New Applications for Market-based rates.
Triennial market power analysis in
seller updates.
Appendix B addition to change in
status reports.

144

1

144

250 hrs.; $23,500

65

1

65

250 hrs.; $23,500

149

1

149

49 hrs.; $4,606 ...

Total .........................................

........................

........................

358

.............................

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

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 7464–004]

Margaret Moser; Notice of Application
for Surrender of Exemption, Soliciting
Comments, Motions To Intervene, and
Protests

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Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection:
a. Type of Proceeding: Application for
surrender of exemption.
b. Project No.: 7464–004.
c. Date Filed: December 2, 2018.
d. Exemptee: Ms. Margaret Moser.
e. Name of Project: Marden Brook
Hydroelectric Project.
f. Location: The exempted project is
located on Marden Brook, near the town of
Lancaster, Coos County, New Hampshire.

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g. Filed Pursuant to: 18 CFR 4.102.
h. Licensee Contact: Mr. Geoffrey or Lukas
Moser, Box 116 RFD No. 1, 574 North Road,
Lancaster, NH 03584, or 720–503–1572.
i. FERC Contact: Ms. Diana Shannon, 202–
502–6136, or [email protected].
j. Deadline for filing comments,
interventions, and protests is 30 days from
the issuance date of this notice by the
Commission. The Commission strongly
encourages electronic filing. Please file
motions to intervene, protests and comments
using the Commission’s eFiling system at
http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up
to 6,000 characters, without prior
registration, using the eComment system at
http://www.ferc.gov/docs-filing/
ecomment.asp. You must include your name
and contact information at the end of your
comments. For assistance, please contact
FERC Online Support at
[email protected], (866) 208–
3676 (toll free), or (202) 502–8659 (TTY). In
lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426. The first page of any
filing should include docket number P–
7464–004.
k. Description of Project Facilities: The
exempted run-of-river project consists of: (1)
A concrete gravity spillway with small earth
embankment sections on both sides, that
includes a drainage gate and low level sluice
gate on the left side; (2) an intake structure;
(3) a buried steel penstock; and (4) a
wheelhouse containing an overshot water
wheel with a total generating capacity of
approximately 3 kilowatts. The dam structure
is approximately 6 feet high and creates an
impoundment of less than 0.5 acre and
contains less than 1 acre-foot of storage.
l. Description of Request: The project has
not operated for some time and the exemptee
wishes to surrender the project. The
exemptee proposes to decommission the
generating equipment and keep the project
features in place. No construction or ground
disturbance would result from the proposal.
m. This filing may be viewed on the
Commission’s website at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter
the docket number excluding the last three

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36,000 hrs.;
$3,384,000.
16,250 hrs.;
$1,527,500.
7,301 hrs.;
$686,294.
59,551 hrs.;
5,597,794.

$23,500
23,500
4,606
........................

digits in the docket number field to access
the document. You may also register online
at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via email of
new filings and issuances related to this or
other pending projects. For assistance, call 1–
866–208–3676 or email
[email protected], for TTY, call
(202) 502–8659. A copy is also available for
inspection and reproduction in the
Commission’s Public Reference Room located
at 888 First Street, NE, Room 2A,
Washington, DC 20426, or by calling (202)
502–8371.
n. Individuals desiring to be included on
the Commission’s mailing list should so
indicate by writing to the Secretary of the
Commission.
o. Comments, Protests, or Motions to
Intervene: Anyone may submit comments, a
protest, or a motion to intervene in
accordance with the requirements of Rules of
Practice and Procedure, 18 CFR 385.210,
.211, .212 and .214. In determining the
appropriate action to take, the Commission
will consider all protests or other comments
filed, but only those who file a motion to
intervene in accordance with the
Commission’s Rules may become a party to
the proceeding. Any comments, protests, or
motions to intervene must be received on or
before the specified comment date for the
particular application.
p. Filing and Service of Responsive
Documents: Any filing must (1) bear in all
capital letters the title ‘‘COMMENTS’’,
‘‘PROTEST’’, or ‘‘MOTION TO INTERVENE’’
as applicable; (2) set forth in the heading the
name of the applicant and the project number
of the application to which the filing
responds; (3) furnish the name, address, and
telephone number of the person protesting or
intervening; and (4) otherwise comply with
the requirements of 18 CFR 385.2001 through
385.2005. All comments, motions to
intervene, or protests must set forth their
evidentiary basis and otherwise comply with
the requirements of 18 CFR 4.34(b). All
comments, motions to intervene, or protests
should relate to the surrender application
that is the subject of this notice. Agencies
may obtain copies of the application directly
from the applicant. A copy of any protest or
motion to intervene must be served upon

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