FERC-919, (NOPR in RM19-2-000) Refinements to Policies and Procedures for Market Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities

Forms and Documents

Document Name	Status
RM19-2-000 NOPR supporting statement.doc Supporting Statement A	2019-04-01
18 CFR 35.pdf Supplementary Document	2019-04-01
Proposed revisions to 18 CFR Part 35 (per RM19-2-000 NOPR).docx Supplementary Document	2019-03-26
Press Release for RM19-2-000 NOPR (12-20-2018).pdf Supplementary Document	2019-03-26
16 USC 824(e).pdf Supplementary Document	2018-11-19
16 USC 824(d).pdf Supplementary Document	2018-11-19

IC Document Collections

IC ID	Document Title	Status
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))	Unchanged
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: 201903-1902-011
Status: Historical Inactive	Previous ICR Reference No: 201809-1902-001
Agency/Subagency: FERC	Agency Tracking No: FERC-919
Title: FERC-919, (NOPR in RM19-2-000) Refinements to Policies and Procedures for 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: 07/17/2019
	Date Received in OIRA: 04/01/2019
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and will include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2022	36 Months From Approved	01/31/2022
Responses	358	0	358
Time Burden (Hours)	59,551	0	59,551
Cost Burden (Dollars)	0	0	0

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Abstract: In the NOPR in Docket No. RM19-2-000, the Commission proposes to eliminate the need for sellers to submit indicative screens for markets where there is Commission-approved RTO/ISO market monitoring and mitigation for energy, capacity, and ancillary services that sellers may rely on to mitigate any market power that they may have in that market. This improves regulatory efficiency of Commission analysis and determination of market-based rate authority. It also helps reduce document preparation time overall (i.e. reduces paperwork burden upon affected sellers) and provides utilities with clearly defined requirements. If the Commission no longer collects the indicative screen information in those specified RTO/ISO markets, the Commission would still be able to meet its statutory responsibility to ensure electric utility rates and tariffs are just and reasonable. The Commission will continue to receive other information, such as information on all of a seller’s affiliates, assets, and data on sales made pursuant to the seller’s market-based rate authority, which will assist in ensuring that electric utility rates are just and reasonable. Failing to meet this responsibility could result in public utilities charging rates that are not just and reasonable.

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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-AF61	Proposed rulemaking	84 FR 993	02/01/2019

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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

IC Title	Form No.	Form Name
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: As described above in Questions #1, 2, and 5, in the NOPR in Docket No. RM19-2-000, FERC is proposing to relieve sellers in certain RTO/ISO markets of the requirement to file indicative screens as part of their market power analyses. This proposed modification of the Commission’s horizontal market power analysis would apply in any RTO/ISO market with RTO/ISO-administered energy, ancillary services, and capacity markets subject to Commission-approved RTO/ISO monitoring and mitigation. The indicative screens require extensive data collection, with some of this data being costly and difficult to collect. The proposal recognizes the burden of submitting these screens may outweigh the benefits given the Commission’s previous findings that RTO/ISO monitoring and mitigation adequately mitigate a seller’s market power. Further, the availability of other data regarding horizontal market power suggests that the indicative screens would provide only marginal additional market power protections. The changes to the Commission’s regulations for market-based rate sellers are estimated to cause a reduction of 41 percent in total annual burden (from 59,551 hours to 35,401 hours) to market-based rate sellers when filing triennial market power analyses and market power analyses in new applications for market-based rates. There is also a 29 percent reduction of the number of sellers that would comply with FERC-919 reporting requirements (from 358 annually to 253 annually).

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Annual Cost to Federal Government: $169,013

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 04/01/2019

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