FERC-919, 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
Final_FERC-919 Supporting Statement.docx Supporting Statement A	2022-09-09
Final Rule_RM16-17-000.docx Supplementary Document	2022-09-09
FERC 919_919A 60 Day Notice Published.pdf Supplementary Document	2022-09-08
FERC 919_919A 30 Day Notice Published.pdf Supplementary Document	2022-09-08
FERC-919 and FERC-919A 60-day notice_Issued.docx Supplementary Document	2022-09-08
FERC-919 and 919A 30-day notice_Issued.docx Supplementary Document	2022-09-08
18 CFR Part 35.pdf Supplementary Document	2022-09-08
16 USC 824(e).pdf Supplementary Document	2022-09-13
16 USC 824(d).pdf Supplementary Document	2022-09-08

IC Document Collections

IC ID	Document Title	Status
255785	Order 860A Upstream Affiliates	New
255784	Relational Database: Order 860-A Category 2 (Ongoing)	New
255772	Relational Database: Order 860-A Category 1-(Ongoing)	New
23282	Market power analysis in new applications for market-based rates (18 CFR 35.37a)	Unchanged
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)	Unchanged

ICR Details

OMB Control No: 1902-0234	ICR Reference No: 202209-1902-001
Status: Received in OIRA	Previous ICR Reference No: 201907-1902-004
Agency/Subagency: FERC	Agency Tracking No: FERC-919
Title: FERC-919, 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: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/13/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2022
Responses	2,631	358
Time Burden (Hours)	62,609	35,401
Cost Burden (Dollars)	0	0

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Abstract: The FERC–919 collection 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. FERC-919, as stated in 18 Code of Federal Regulations (CFR) Part 35, Subpart H, 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 market-based rate authority. Subpart H mandates that sellers submit market power analyses and related filings. Market power analyses must address both horizontal and vertical market power.

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Authorizing Statute(s): US Code: 16 USC 824d and 824e 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 37853	06/24/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 54992	09/08/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
Change in Status Filings (18 CFR 35.42(a))
Market power analysis in new applications for market-based rates (18 CFR 35.37a)
Order 860A Upstream Affiliates
Relational Database: Order 860-A Category 1-(Ongoing)
Relational Database: Order 860-A Category 2 (Ongoing)
Triennial market power analysis in category 2 seller updates (18 CFR 35.37a)

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ICR Summary of Burden

	Total Request	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	2,631	358	0	0	2,273	0
Annual Time Burden (Hours)	62,609	35,401	0	0	27,208	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: No

Burden Reduction Due to:

Short Statement: The large increase is due to the addition of the burden that was previously recorded in 919A (1902-0317) and is being moved into the FERC 919 collection. The estimates from the category 1 and category 2 ongoing estimates did not change from the estimates in Order 860 (RM16-17-000). The carryover for category 1 and 2 total 1,833 responses and 6,968 hours, which makes up for most of the increase in responses. Additionally, since the issuance of 860, the Commission has identified 440 responses from upstream affiliates, which adds 440 responses and 20,240 hours, which makes up most of the increase in burden hours. This carryover burden will temporarily overlap with the burden in 919A until OMB issues a decision on FERC 919. At that time, staff anticipates discontinuance of the 919A collection, which will eliminate the burden recorded in the temporary collection.

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Annual Cost to Federal Government: $5,429,369

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? No

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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: 09/13/2022

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