60 Day Notice (Published)

FERC 919_919A 60 Day Notice Published.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

60 Day Notice (Published)

OMB: 1902-0234

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Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Notices
Dated: June 16, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission

[FR Doc. 2022–13467 Filed 6–23–22; 8:45 am]
BILLING CODE 6717–01–P

Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:

jspears on DSK121TN23PROD with NOTICES1

Filings in Existing Proceedings
Docket Numbers: RP21–564–002.
Applicants: High Island Offshore
System, L.L.C.
Description: Refund Report:
Settlement Refund Report (RP21–564-)
to be effective N/A.
Filed Date: 6/16/22.
Accession Number: 20220616–5054.
Comment Date: 5 p.m. ET 6/28/22.
Any person desiring to protest in any
the above proceedings must file in
accordance with Rule 211 of the
Commission’s Regulations (18 CFR
385.211) on or before 5:00 p.m. Eastern
time on the specified comment date.
Filings Instituting Proceedings
Docket Numbers: RP22–982–000.
Applicants: Colorado Interstate Gas
Company, L.L.C.
Description: § 4(d) Rate Filing: Wobbe
Number Modification (South Pueblo
Project) to be effective 11/1/2022.
Filed Date: 6/15/22.
Accession Number: 20220615–5053.
Comment Date: 5 p.m. ET 6/27/22.
Docket Numbers: RP22–984–000.
Applicants: Colorado Interstate Gas
Company, L.L.C.
Description: § 4(d) Rate Filing: NonConforming Negotiated Rate TSA
(PSC0—33319000–TF1CIG) to be
effective 11/1/2022.
Filed Date: 6/15/22.
Accession Number: 20220615–5074.
Comment Date: 5 p.m. ET 6/27/22.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests may be considered, but
intervention is necessary to become a
party to the proceeding. The filings are
accessible in the Commission’s eLibrary
system (https://elibrary.ferc.gov/idmws/
search/fercgensearch.asp) by querying
the docket number. eFiling is
encouraged. More detailed information
relating to filing requirements,
interventions, protests, service, and
qualifying facilities filings can be found
at: http://www.ferc.gov/docs-filing/
efiling/filing-req.pdf. For other
information, call (866) 208–3676 (toll
free). For TTY, call (202) 502–8659.

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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC22–19–000]

Commission Information Collection
Activities (FERC–919 and FERC–919A);
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, (Refinements to Policies and
Procedures for Market-Based Rates for
Wholesale Sales of Electric Energy,
Capacity and Ancillary Services by
Public Utilities), and FERC–919A, (Data
Collection for Analytics and
Surveillance and Market-Based Rate
Purposes).

SUMMARY:

Comments on the collection of
information are due August 23, 2022.
ADDRESSES: You may submit your
comments (identified by Docket No.
IC22–19–000) by one of the following
methods:
Electronic filing through http://
www.ferc.gov, is preferred.
• Electronic Filing: Documents must
be filed in acceptable native
applications and print-to-PDF, but not
in scanned or picture format.
• For those unable to file
electronically, comments may be filed
by USPS mail or by hand (including
courier) delivery:
Æ Mail via U.S. Postal Service Only:
Addressed to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE,
Washington, DC 20426.
Æ Hand (including courier) delivery:
Deliver to: Federal Energy Regulatory
Commission, Office of the Secretary,
12225 Wilkins Avenue, Rockville, MD
20852.
Instructions: All submissions must be
formatted and filed in accordance with
submission guidelines at: http://
www.ferc.gov. For user assistance,
contact FERC Online Support by email
DATES:

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37853

at [email protected], or by
phone at (866) 208–3676 (toll-free).
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.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at [email protected], telephone
at (202) 502–8663.
SUPPLEMENTARY INFORMATION:
Title: FERC–919, (Refinements to
Policies and Procedures for MarketBased Rates for Wholesale Sales of
Electric Energy, Capacity and Ancillary
Services by Public Utilities), and FERC–
919A, (Data Collection for Analytics and
Surveillance and Market-Based Rate
Purposes).
OMB Control No.: FERC–919 (1902–
0234), FERC–919A (1902–0317).
Type of Request: Three-year extension
of these information collection
requirements for all collections
described below with no changes to the
current reporting requirements.
Please note: FERC–919A is a
temporary collection number and will
be combined into FERC–919.
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,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
market-based rate authority. Subpart H
mandates that sellers submit market
power analyses and related filings
(descriptions below). Market power
analyses must address both horizontal
and vertical market power.
Horizontal Market Power Analysis
This demonstrates a lack of horizontal
market power, the Commission requires
two indicative market power screens:
the uncommitted pivotal supplier
screen (which is based on the annual
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), 119 FERC ¶ 61,295 (2007).

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37854

Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Notices

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
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 submit the
horizontal market power analysis into a
relational database for it to be
retrievable in conformance with the
instructions posted on the
Commission’s website.2 A seller must
also include all supporting materials
referenced in the indicative screens.
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 Commission-approved
Open Access Transmission Tariff 3
• 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 Physical coal supply sources and
ownership or control over who may
access transportation of coal
supplies
• Make an affirmative statement that it
and its affiliates have not erected
and will not erect barriers to entry
into the relevant market
Asset Appendix
In addition to the market power
analyses, a seller must submit an asset
appendix in the relational database with
its initial application for market-based

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2 See Data Collection for Analytics and
Surveillance and Mkt.-Based Rate Purposes, Order
No. 860, 168 FERC ¶ 61,039 (2019), order on reh’g,
Order No. 860–A, 170 FERC ¶ 61,129 (2020).
3 A part of the associated burden is reported
separately in information collections FERC–516
(OMB Control Number: 1902–0096).

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rate authorization or updated market
power analysis, and all relevant changes
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
pipelines and/or gas storage facilities
owned or controlled by the corporate
family and the location of such
facilities.
• List all long-term power purchases
and sales agreements attributed to a
seller and its affiliates by the corporate
family by balancing authority area, and
by geographic region, and provide the
start date and end date.
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 changes in status filings,
the Commission requires that sellers file
notices of such changes no later than
each quarter after the change in status
occurs. The Commission also requires
that each seller must include an
appendix in the relational database
identifying specified assets with each
pertinent change in status notification
filed.
Relational Database Updates
A Seller must report on a monthly
basis changes to its previously-

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submitted relational database
information, excluding updates to the
horizontal market power screens. These
submissions must be made by the 15th
day of the month following the change.
These submissions include the asset
appendix information described above,
as well as other market-based
information concerning seller category,
operating reserves authorization,
identification of its ultimate upstream
affiliate(s), mitigation, and other
limitations.
Exemptions From Submitting Updated
Market Power Analyses
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 megawatts 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.
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 CFR 1320.3.
5 The estimated hourly cost (salary plus benefits)
provided in this section is based on the salary
figures for May 2021 posted by the Bureau of Labor
Statistics for the Utilities sector (available at http://
www.bls.gov/oes/current/naics2_22.htm#13-0000)
and scaled to reflect benefits using the relative
importance of employer costs in employee
compensation from May 2021 (available at https://
www.bls.gov/oes/current/naics2_22.htm). The
hourly estimates for salary plus benefits are:
Economist (Occupation Code: 19–3011), $75.75.
Electrical Engineer (Occupation Code: 17–2071),
$72.15.
Legal (Occupation Code: 23–0000), $142.25.
The average hourly cost (salary plus benefits),
weighting all of these skill sets evenly, is $96.72.
The Commission rounds it to $97/hour.

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Federal Register / Vol. 87, No. 121 / Friday, June 24, 2022 / Notices

37855

FERC–919—REFINEMENTS TO POLICIES AND PROCEDURES FOR MARKET BASED RATES FOR WHOLESALE SALES OF
ELECTRIC ENERGY

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Requirement

Number of
respondents

Annual
number of
responses per
respondent

Total
number of
responses

Average burden
& cost per
response

Total annual burden
hours & cost 6

Annual
cost per
respondent
($)

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

(5) ÷ (1)

19,440 hrs.;
$1,885,680.
8,659.95 hrs.;
$840,015.15.
7,301 hrs.;
$708,197.
814 hrs.; $78,958 ...

Market Power Analysis in New Applications for Market-based rates.
Triennial market power analysis ..................................

144

1

144

135 hrs.; $13,095

65

1

65

Asset appendix addition to change in status reports ..

149

1

149

133.23 hrs.;
$12,923.31.
49 hrs.; $4,753 ...

FERC–919A Burden carried over from Order 860–A
Category 1—(Ongoing).
FERC–919A Burden carried over from Order 860–A
Category 2—(Ongoing).
FERC–919A Burden Carried over from Order 860–A
Upstream Affiliates.

1,000

.333

333

1,500

1

1,500

440

1

440

2.44 hrs.; 7
$237.11.
4.10 hrs.; 8
$397.96.
46 hrs.; $4,462 ...

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

3,298

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

2,631

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

Row 1 (Market Power Analysis in
New Applications for Market-based
rates) will have 144 filings. Row 2
(Triennial market power analysis) will
have 65 filings. Row 3 (Asset appendix
addition to change in status reports) will
have 149 filings. There are a total of 358
filings in Rows 1 through 3.
Currently, there are 2,729 sellers that
would submit information into the
relational database. At the time of
implementation of Order No. 860, there
were 2,647 sellers that would submit
information into the relational database
in the first year of implementation. Six
institutional investors had FPA section
203(a)(2) blanket authorizations, which
collectively owned approximately 110
upstream affiliates that themselves
owned sellers. In the March Notice,9 the
Commission estimated an average of
four sellers affected for every upstream
affiliate, equaling 440 total sellers.
FERC–919A Burden carryover
explanation:
• M16–17–000 Final Rule (Order No.
860) (Category 1, 2nd Year and
Ongoing), as modified by Order of
August 2021—to 814 hrs.)
• RM16–17–000 Final Rule (Order
No. 860) (Category 2, 2nd Year and
Ongoing) as modified by Order of
August 2921—to 6,154 hrs.)
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

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the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
Dated: June 17, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022–13519 Filed 6–23–22; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Filings Instituting Proceedings
Docket Numbers: RP22–985–000.
Applicants: Columbia Gulf
Transmission, LLC.
Description: § 4(d) Rate Filing:
Prepayments to be effective 8/1/2022.
Filed Date: 6/16/22.
Accession Number: 20220616–5094.
Comment Date: 5 p.m. ET 6/28/22.
Docket Numbers: RP22–986–000.
Applicants: Red Willow Offshore,
LLC, Ridgewood Institutional IV
Prospective Leases, LLC.
Description: Joint Petition for Limited
Waiver of Capacity Release Regulations,
et al. of Red Willow Offshore, LLC, et al.
Filed Date: 6/17/22.
Accession Number: 20220617–5067.
Comment Date: 5 p.m. ET 6/29/22.
Filings in Existing Proceedings
Docket Numbers: RP22–406–001.
Applicants: ANR Pipeline Company.

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6,154 hrs.;
$596,938.
20,240 hrs.;
$1,963,280.

$13,095
12,923.31
4,753
237.11
397.96
4,462

62,608.95 hrs.;
$6,073,068.15.

Description: Compliance filing: ANR
Creditworthiness Compliance to be
effective 6/10/2022.
Filed Date: 6/17/22.
Accession Number: 20220617–5071.
Comment Date: 5 p.m. ET 6/29/22.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests may be considered, but
intervention is necessary to become a
party to the proceeding.
The filings are accessible in the
Commission’s eLibrary system (https://
elibrary.ferc.gov/idmws/search/
fercgensearch.asp) by querying the
docket number.
eFiling is encouraged. More detailed
information relating to filing
requirements, interventions, protests,
service, and qualifying facilities filings
can be found at: http://www.ferc.gov/
docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
Dated: June 17, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022–13515 Filed 6–23–22; 8:45 am]
BILLING CODE 6717–01–P

7 The number used to calculate the costs is 2.4444
and was rounded for the table.
8 The number used to calculate the costs is 4.1026
and was rounded for the table.
9 Data Collection for Analytics & Surveillance &
Mkt.-Based Rate Purposes, 86 FR 17823 (Apr. 6,
2021), 174 FERC ¶ 61,214 (2021) (March Notice).

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