FERC-919, (RM19-2-000 Final Rule) 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 Final Rule Supporting Statement.docx Supporting Statement A	2019-08-01
18 CFR Part 35.pdf Supplementary Document	2019-08-01
RM19-2 Staff Presentation.pdf Supplementary Document	2019-07-31
RM19-2 News Release 2019.pdf Supplementary Document	2019-07-31
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: 201907-1902-004
Status: Active	Previous ICR Reference No: 201809-1902-001
Agency/Subagency: FERC	Agency Tracking No: FERC-919
Title: FERC-919, (RM19-2-000 Final Rule) 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: Approved without change	Conclusion Date: 10/02/2019
	Date Received in OIRA: 08/01/2019
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for 3 years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2022	36 Months From Approved	01/31/2022
Responses	358	0	358
Time Burden (Hours)	35,401	0	59,551
Cost Burden (Dollars)	0	0	0

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Abstract: In the final rule in Docket No. RM19-2-000, the Commission modifies § 35.37(c) of its regulations regarding the horizontal market power analysis for market-based rate sellers studying certain Regional Transmission Organization (RTO) and Independent System Operator (ISO) markets. The changes adopted by the final rule relieve Sellers of the requirement to submit indicative screens for RTO/ISO markets with RTO/ISO-administered energy, ancillary services, and capacity markets subject to Commission-approved RTO/ISO monitoring and mitigation. Additionally, Sellers in RTOs or ISOs that do not have an RTO/ISO-administered capacity market will be relieved of the requirement to submit indicative screens if their market-based rate authority is limited to sales of energy and/or ancillary services. Even without the indicative screen information for the specified RTO/ISO markets, the Commission will still be able to meet its statutory responsibility to ensure public utility rates 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 rates are 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	Final or interim final rulemaking	84 FR 36374	07/26/2019

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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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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	358	358	0	0	0	0
Annual Time Burden (Hours)	35,401	59,551	0	-24,150	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: Miscellaneous Actions

Short Statement: The Final Rule in Docket No. RM19-2-000 relieves Sellers in certain RTO/ISO markets of the requirement to file indicative screens as part of their market power analyses, reducing burden. This modification of the Commission’s regulations regarding the horizontal market power analysis would apply to RTO/ISO markets 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 Commission recognizes the burden of submitting these screens outweigh the benefits given the Commission’s rebuttable presumption 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 are estimated to result in a reduction of 41 percent in total annual burden for Sellers when filing triennial market power analyses and market power analyses in new applications for market-based rates.

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Annual Cost to Federal Government: $4,683,380

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: 08/01/2019

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