Data Collection for Analytics and Surveillance and Market-Based Rate Purposes, 51725-51772 [2016-17839]
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Vol. 81
Thursday,
No. 150
August 4, 2016
Part V
Department of Energy
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Federal Energy Regulatory Commission
18 CFR Part 35
Data Collection for Analytics and Surveillance and Market-Based Rate
Purposes; Proposed Rule
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Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 35
[Docket No. RM16–17–000]
Data Collection for Analytics and
Surveillance and Market-Based Rate
Purposes
Federal Energy Regulatory
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Federal Energy
Regulatory Commission (Commission)
proposes to revise its regulations to
collect certain data for analytics and
surveillance purposes from marketbased rate (MBR) sellers and entities
trading virtual products or holding
financial transmission rights and to
change certain aspects of the substance
and format of information submitted for
MBR purposes. The revisions proposed
herein include new requirements for
those entities to report certain
information about their legal and
financial connections to other entities to
assist the Commission in its analytics
and surveillance efforts. The
Commission previously proposed to
require certain market participants in
the Commission-jurisdictional
organized wholesale electric markets to
file similar information about their
financial and legal connections in the
Collection of Connected Entity Data
from Regional Transmission
Organizations and Independent System
Operators Notice of Proposed
Rulemaking issued in Docket No.
RM15–23–000 (Connected Entity
NOPR). However, as described herein,
this proposal presents substantial
revisions from what the Commission
proposed in the Connected Entity
NOPR, including, among other things: A
different set of filers; a reworked and
substantially narrowed definition of
Connected Entity; and a different
submission process. With respect to the
MBR program, the proposals include:
Adopting certain changes to reduce and
clarify the scope of ownership
information that MBR sellers must
provide, similar to the notice of
proposed rulemaking issued in Docket
No. RM16–3–000 (Ownership NOPR);
reducing the information required in
asset appendices; and collecting
currently-required MBR information
and certain new information in a
consolidated and streamlined manner.
The Commission proposes all of these
changes in order to eliminate
duplication, ease compliance burdens,
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SUMMARY:
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modernize its data collections, and
render information collected through its
programs usable and accessible for the
Commission and its staff. In furtherance
of this effort, in orders being issued
concurrently with the instant NOPR, the
Commission withdraws the Connected
Entity NOPR issued in Docket No.
RM15–23–000 and the Ownership
NOPR issued in Docket No. RM16–3–
000.1 The Commission also proposes to
eliminate the requirement that MBR
sellers submit corporate organizational
charts adopted in Order No. 816 in
Docket No. RM14–14–000.
DATES: Comments are due September
19, 2016.
ADDRESSES: Comments, identified by
docket number, may be filed in the
following ways:
• Electronic Filing through https://
www.ferc.gov. Documents created
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Those unable
to file electronically may mail or handdeliver comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Comment Procedures Section of
this document.
FOR FURTHER INFORMATION CONTACT:
Jamie Marcos, Office of Enforcement,
Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502–
6628, Jamie.marcos@ferc.gov.
Laura Chipkin, Office of General
Counsel, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502–
8615, Laura.chipkin@ferc.gov.
Melissa Lozano, Office of Energy Market
Regulation, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502–
6267, melissa.lozano@ferc.gov.
Byron Corum, Office of Energy Market
Regulation, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502–
6555, byron.corum@ferc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion
1 Collection of Connected Entity Data from
Regional Transmission Organizations and
Independent System Operators, 156 FERC ¶ 61,046
(2016); Ownership Information in Market-Based
Rate Filings, 156 FERC ¶ 61,047 (2016).
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A. Proposals Regarding Connected Entity
Information
B. Proposals Regarding MBR Information
1. Ownership Information
2. Asset Appendix Information
3. Indicative Screen and Other MBR
Information
C. Need and Authority: Analytics and
Surveillance
D. Nature of the Connected Entity
Information Submissions
E. Legal Entity Identifiers
F. Confidentiality and Due Diligence
G. Filing Requirement for Existing and
New Virtual/FTR Participants
H. Baseline Submission Required of
Existing MBR Sellers
I. Ongoing Connected Entity Information
Submission Requirements
J. Ongoing MBR Seller Filing Requirements
III. Information Collection Statement
IV. Environmental Analysis
V. Regulatory Flexibility Act
VI. Comment Procedures
VII. Document Availability
1. The Federal Energy Regulatory
Commission (Commission) proposes in
this Notice of Proposed Rulemaking
(NOPR) to amend its regulations to add
Subpart K to Title 18 of the Code of
Federal Regulation (CFR), which would
include data collection requirements for
market-based rate (MBR) sellers 2 and
certain other participants in the
organized wholesale electric markets
subject to the Commission’s jurisdiction
pursuant to the Federal Power Act
(FPA), and revise part 35, subpart H,
which governs MBR authorization for
wholesale sales of electric energy,
capacity, and ancillary services by
public utilities.3 Specifically, the
Commission is proposing to revise its
regulations to add new data submission
requirements for MBR sellers and
entities, other than FPA section 201(f)
entities,4 that trade virtual products 5 or
2 All references in this NOPR to ‘‘MBR seller’’ (or
‘‘MBR sellers’’) refer to both entities seeking to
obtain MBR authority by filing applications with
the Commission and to MBR sellers seeking to
retain market-based rate authority and is intended
to have the same meaning as the defined term
‘‘Seller’’ in 18 CFR 35.36(a)(1).
3 The organized wholesale electric markets
subject to the Commission’s jurisdiction refers to
the markets operated by Regional Transmission
Organizations (RTOs) and Independent System
Operators (ISO) operating in the United States.
These RTOs and ISOs include: PJM
Interconnection, LLC (PJM), New York Independent
System Operator, Inc. (NYISO), ISO New England
Inc. (ISO–NE), California Independent System
Operator Corporation (CAISO), Midcontinent
Independent System Operator, Inc. (MISO), and
Southwest Power Pool, Inc. (SPP).
4 See 18 U.S.C. 824(f) (2012).
5 ‘‘Virtual trading involves sales or purchases in
an RTO/ISO day-ahead market that do not go to
physical delivery. For example, virtual bidding
allows entities that do not serve load to make
purchases in the day-ahead market. Such purchases
are subsequently sold in the real-time spot market.
Likewise, entities without physical generating
assets can make power sales in the day-ahead
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hold financial transmission rights
(FTR) 6 in the organized wholesale
electric markets subject to the
Commission’s jurisdiction (Virtual/FTR
Participants). The Commission is also
proposing to require Virtual/FTR
Participants to submit certain
information to the Commission within
30 days of commencing trading of
virtual or FTR products.
2. The purpose of this new data
collection is to assist the Commission in
understanding the financial and legal
connections among market participants
and other entities and their activities in
Commission-jurisdictional electric
markets. In this NOPR, the Commission
also proposes to modify its regulations
to change certain aspects of the
substance and format of information
submitted for MBR purposes.
Specifically, we propose to collect
currently-filed MBR information and the
new information proposed to be
collected in this NOPR in a consolidated
and streamlined manner through a
relational database,7 which will
market that are subsequently purchased in the realtime market. By making virtual energy sales or
purchases in the day-ahead market and settling
these positions in the real-time, any market
participant can arbitrage price differences between
the two markets.’’ Market-Based Rates for
Wholesale Sales of Electric Energy, Capacity and
Ancillary Services by Public Utilities, Order No.
697, FERC Stats. & Regs. ¶ 31,252 at n.1047,
clarified, 121 FERC ¶ 61,260, at P 921 n.1047
(2007), order on reh’g, Order No. 697–A, FERC
Stats. & Regs. ¶ 31,268, clarified, 124 FERC ¶
61,055, order on reh’g, Order No. 697–B, FERC
Stats. & Regs. ¶ 31,285 (2008), order on reh’g, Order
No. 697–C, FERC Stats. & Regs. ¶ 31,291 (2009),
order on reh’g, Order No. 697–D, FERC Stats. &
Regs. ¶ 31,305 (2010), aff’d sub nom. Mont.
Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir.
2011), cert. denied, 133 S. Ct. 26 (2012). Organized
wholesale electric markets offer various virtual
products, including Up-To Congestion products, for
which no generation is dispatched and no load is
served, and obligations are met through cash
settlement. Coaltrain Energy, L.P., et al., 155 FERC
¶ 61,204 at P 15 (2016). ‘‘While virtual products
carry no obligation to buy or sell physical power,
they serve a direct role in day-ahead price
formation as reflected in day-ahead [Locational
Marginal Prices (LMP)]. As such, virtual products
can: (i) be the price setting marginal factor in
determining day-ahead LMPs; (ii) affect day-ahead
dispatch; and (iii) affect other market participant
positions.’’ Id.
6 The term ‘‘FTR’’ as used in this NOPR is
intended to cover not only Financial Transmission
Rights, a term used by PJM, ISO–NE., and MISO,
but also Transmission Congestion Contracts in
NYISO, Transmission Congestion Rights in SPP,
and Congestion Revenue Rights in CAISO.
7 A relational database, or RDB, is a database
model whereby multiple data tables relate to one
another via unique identifiers. A relational database
contains a table for each subject (e.g., generation
assets) with every row in the table representing
information regarding a single variable of that
subject (e.g., a particular generation unit) and each
column containing a particular quality of that
variable (e.g., a generation unit’s capacity rating).
Relational databases are structured to allow for easy
data retrieval while avoiding inconsistencies and
redundancies.
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eliminate duplication and render
information collected for its MBR and
analytics and surveillance purposes
more usable and accessible to the
Commission and its staff.
3. As reflected in this NOPR, the
Commission has reworked and
substantially narrowed the definitions
proposed in the Collection of Connected
Entity Data from Regional Transmission
Organizations and Independent System
Operators NOPR in Docket No. RM15–
23–000 (Connected Entity NOPR),8
conforming them where possible to
existing MBR affiliate definitions, and
has entirely eliminated large portions of
the data proposed for collection in that
NOPR. In orders being issued
concurrently with the instant NOPR, the
Commission withdraws the Connected
Entity NOPR 9 and the Ownership
Information in Market-Based Rate
Filings NOPR in Docket No. RM16–3–
000 (Ownership NOPR) 10 and
terminates those dockets.11 The
Commission also proposes to remove
the existing requirement that MBR
sellers submit corporate organizational
charts adopted in Order No. 816 in
Docket No. RM14–14–000.12
I. Background
4. Recently, the Commission sought to
improve its analytics and surveillance of
the electric markets by issuing the
Connected Entity NOPR, which
proposed collecting information from
participants in Commissionjurisdictional organized wholesale
electric markets concerning their
ownership, employee, debt, and
contractual connections. This
information was to be submitted to the
RTOs and ISOs, which in turn would
provide the necessary information to the
8 Collection of Connected Entity Data from
Regional Transmission Organizations and
Independent System Operators, FERC Stats. & Regs.
¶ 32,711 (2015) (Connected Entity NOPR).
9 Connected Entity NOPR, FERC Stats. & Regs. ¶
32,711.
10 Ownership Information in Market-Based Rate
Filings, FERC Stats & Regs. ¶ 32,713 (2015)
(Ownership NOPR).
11 Collection of Connected Entity Data from
Regional Transmission Organizations and
Independent System Operators, 156 FERC ¶ 61,046
(2016); Ownership Information in Market-Based
Rate Filings, 156 FERC ¶ 61,047 (2016).
12 The organizational chart requirement was first
suspended in the order that partially extended the
compliance effective date of Order No. 816. See
Refinements to Policies and Procedures for MarketBased Rates for Wholesale Sales of Electric Energy,
Capacity and Ancillary Services by Public Utilities,
Order No. 816, 80 FR 67,056 (Oct. 30, 2015), FERC
Stats. & Regs. ¶ 31,374 (2015), order on reh’g, Order
No. 816–A, 81 FR 33,375 (May 26, 2016), FERC
Stats. & Regs. ¶ 31,382 (2016). The organizational
chart requirement was again suspended in Order
No. 816–A ‘‘until the Commission issues an order
at a later date addressing this requirement.’’ Order
No. 816–A, FERC Stats. & Regs. ¶ 31,382 at P 47.
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Commission. In some cases, the
information sought under the Connected
Entity NOPR was similar to, but
somewhat different from, the
information to be provided by MBR
sellers.
5. The desirability of consolidating
MBR and Connected Entity data under
one reporting regime was advocated to
the Commission by members of the
industry in comments responding to the
Connected Entity NOPR. In the
Connected Entity NOPR, the
Commission proposed that each RTO
and ISO be required to electronically
deliver to the Commission, on an
ongoing basis, data from its market
participants 13 that would: (i) Identify
the market participants by means of a
common alpha-numerical identifier,
specifically, a Legal Entity Identifier
(LEI); 14 (ii) list their ‘‘Connected
Entities,’’ which would include entities
that have certain ownership,
employment, debt, or contractual
relationships with market participants;
and (iii) describe in brief the nature of
the relationship of each Connected
Entity. The Commission observed that
there is a risk that a market participant
may take actions to benefit another
entity that bears a financial or legal
relationship to it, and that entities under
common control may collude to
manipulate the market. Given the
potential for such conduct, the
Commission found it needed to
understand the relationships and
corresponding incentives between
entities to help determine whether they
might be engaging in acts of market
manipulation. The Commission also
described the deficiencies in scope,
format, and timing of the existing data
sources for the requisite information.15
6. Many commenters objected to the
proposed data submissions on the
grounds that the information would be
largely duplicative of other Commission
reporting requirements, especially that
of its MBR program. Several
commenters objected to the Connected
Entity NOPR on the grounds that the
information to be submitted was based
on a Connected Entity definition that
was similar to, yet different from, the
affiliate definition currently used in the
MBR program. A common theme in the
comments was the desirability of
13 The Connected Entity NOPR proposed to
require all RTO/ISO market participants, including
MBR sellers and entities that solely participate in
the RTO/ISO virtual and/or FTR markets, to report
Connected Entity information.
14 An LEI is a unique 20-digit alpha-numeric code
assigned to a single entity. They are issued by the
Local Operating Units of the Global LEI System.
15 See Connected Entity NOPR, FERC Stats. &
Regs. ¶ 32,711 at PP 6–14.
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reconciling reporting requirements to
accommodate the needs of both the
MBR and analytics and surveillance
programs, thus eliminating the necessity
of maintaining disparate, but partially
overlapping, reporting regimes.
7. In the Connected Entity NOPR, the
Commission also proposed that the
Connected Entity information be
submitted to the RTOs and ISOs, who
would then pass it on to the
Commission. A number of commenters
objected to this mechanism as unwieldy
and unnecessarily burdensome.
8. Over the last two years, the
Commission has also sought to modify,
clarify, and streamline the
Commission’s MBR requirements to,
among other things, ease burdens on
industry and the Commission. This
initiative involved eliminating or
refining some existing MBR
requirements. The resulting reforms
were set forth in Order Nos. 816 and
816–A,16 and in the Ownership NOPR.
In the Ownership NOPR, the
Commission proposed to reduce and
clarify the scope of ownership
information that MBR sellers must
provide, specifically to eliminate
reporting of comprehensive ownership
information required under Order No.
697–A that is not necessary for the
Commission’s assessment of horizontal
or vertical market power. Specifically,
the Commission proposed that an MBR
seller be required to identify and
describe only two categories of ‘‘affiliate
owners’’ (i.e., certain owners that meet
the definition of ‘‘affiliate’’ in 18 CFR
35.36(a)(9)).17 These two categories are:
(1) ‘‘Ultimate affiliate owner(s),’’
defined as the furthest upstream affiliate
owner(s) in the ownership chain; and
(2) affiliate owners that have a
16 Order No. 816, FERC Stats. & Regs. ¶ 31,374,
order on reh’g, Order No. 816–A, FERC Stats. &
Regs. ¶ 31,382.
17 As specified in the Commission’s regulations,
‘‘affiliate’’ of a specified company means: (i) Any
person that directly or indirectly owns, controls, or
holds with power to vote 10 percent of more of the
outstanding voting securities of the specified
company; (ii) Any company 10 percent or more of
whose outstanding voting securities are owned,
controlled, or held with power to vote, directly or
indirectly, by the specified company; (iii) Any
person or class or persons that the Commission
determines, after appropriate notice and
opportunity for hearing, to stand in such relation
to the specified company that there is liable to be
an absence of arm’s-length bargaining in
transactions between them as to make it necessary
or appropriate in the public interest or for the
protection of investors or consumers that the person
be treated as an affiliate; and (iv) Any person that
is under common control with the specified
company. For purposes of the affiliate definition in
§ 35.36(a)(9), owning, controlling or holding with
the power to vote, less than 10 percent of the
outstanding voting securities of a specified
company creates a rebuttable presumption of lack
of control. 18 CFR 35.36(a)(9)(v) (2015).
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franchised service area or MBR
authority, or that directly own or control
generation; transmission; intrastate
natural gas transportation, storage or
distribution facilities; or physical coal
supply sources or ownership of or
control over who may access
transportation of coal supplies.18
9. The information proposed to be
collected under the two separate NOPRs
was different in scope. Commenters to
the Connected Entity NOPR suggested
that this incongruity be removed and
that the information proposed in the
Ownership NOPR and Connected Entity
NOPR be collected contemporaneously
to eliminate the burden of submitting
duplicative information to the
Commission.
II. Discussion
10. The Commission appreciates these
comments and agrees that compliance
burdens should be minimized where
possible. In response, the Commission
considered whether the various
reporting requirements needed for MBR
and analytics and surveillance purposes
could be combined in such a way as to
eliminate duplication and unnecessary
differences, with the aim of providing
the Commission with the information it
needs in the least burdensome manner
possible.
11. The result of these efforts is
embodied in the instant NOPR. In this
NOPR, we propose to collect certain
data for analytics and surveillance
purposes and to change certain aspects
of the substance and format of
information submitted for MBR
purposes. Specifically, this NOPR sets
out two categories of information
submission requirements: requirements
applicable only to MBR sellers (MBR
Information); and requirements
applicable to MBR sellers and Virtual/
FTR Participants (Connected Entity
Information). Connected Entity
Information would be submitted both by
MBR sellers (although not pursuant to
the MBR program), and Virtual/FTR
Participants. MBR Information would be
submitted only by MBR sellers. As
discussed below, we propose certain
changes to the types of information
currently required for MBR purposes
and to the electronic format in which
certain data will be submitted.
12. In this NOPR, we first describe the
revised proposals regarding Connected
Entity Information and proposals
regarding MBR Information. Next, we
discuss the need and authority for the
collection of the Connected Entity
Information as well as the nature of that
18 Ownership NOPR, FERC Stats. & Regs. ¶ 32,713
at P 9.
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information. We then discuss the
proposed use of LEIs and discuss
confidentiality and due diligence
relating to the submission of Connected
Entity Information. We next propose
certain submission requirements for
existing and new Virtual/FTR
Participants and a baseline submission
required of existing MBR sellers. Lastly,
we propose ongoing Connected Entity
Information submission requirements
and ongoing MBR seller filing
requirements.
13. Like the Connected Entity NOPR,
this NOPR does not impose any filing
requirements on entities that only sell
natural gas.19 Also, like the Connected
Entity NOPR, this NOPR proposes that
entities that submit the required data to
the Commission obtain and submit an
LEI; however, it does not propose
requiring reported Connected Entities or
affiliate owners to obtain LEIs.
Additionally, this NOPR proposes that
all Connected Entity Information and
most of the MBR Information be
consolidated and submitted
electronically into a relational database.
14. Specifically, we propose to
consolidate the Commission’s collection
of certain information for MBR and
analytics and surveillance purposes in a
relational database. We propose that the
relational database information be
submitted using an extensible markup
language (XML) schema,20 which will
permit filers to assemble an XML filing
package that includes all of the
necessary attachments, including the
cover letter and any related MBR tariffs.
19 Entities that only sell natural gas may,
however, be reported by an MBR seller or Virtual/
FTR Participant if they qualify as Connected
Entities under the proposed definition of Connected
Entity.
20 As the Commission previously explained, XML
schemas facilitate the sharing of data across
different information systems, particularly via the
Internet, by structuring the data using tags to
identify particular data elements. For example, each
filed tariff change will include tags for the relevant
information. The tagged information can be
extracted and separately searched. See Electronic
Tariff Filings, Order No. 714, FERC Stats. & Regs.
¶ 31,276, at P 12 & n.8 (2008). The Commission
currently collects other data, including Electric
Quarterly Reports (EQR) and eTariffs using XML.
See Order No. 714, FERC Stats. & Regs. ¶ 31,276
(using XML for eTariff filings); see also Revised
Public Utility Filing Requirements, Order No. 2001,
FERC Stats. & Regs. ¶ 31,127, reh’g denied, Order
No. 2001–A, 100 FERC ¶ 61,074, reh’g denied,
Order No. 2001–B, 100 FERC ¶ 61,342, order
directing filing, Order No. 2001–C, 101 FERC ¶
61,314 (2002), order directing filings, Order No.
2001–D, 102 FERC ¶ 61,334 (2003), order refining
filing requirements, Order No. 2001–E, 105 FERC ¶
61,352 (2003), clarification order, Order No. 2001–
F, 106 FERC ¶ 61,060 (2004), order revising filing
requirements, Order No. 2001–G, 120 FERC ¶
61,270, order on reh’g and clarification, Order No.
2001–H, 121 FERC ¶ 61,289 (2007), Order revising
filing requirements, Order No. 2001–I, FERC Stats.
& Regs. ¶ 31,282 (2008) (using XML for EQRs).
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Upon the receipt of the filing, the XML
schema will enable the Commission to
parse 21 the filed package into its
component parts, place the filed
documents into its eLibrary system
where appropriate and provide the
metadata 22 that will permit automated
organization of the filing and permit the
Commission to search the relational
database. The mechanics of and
formatting for data submission by filers
would be provided on the Commission’s
Web site.
15. A data dictionary posted on the
Commission’s Web site would define
the framework, i.e., terms and values, to
be followed by users in submitting MBR
and Connected Entity Information for
inclusion in the relational database. The
Commission would also post to its Web
site any minor and non-material
changes to the data dictionary as
necessary and alert relational database
users via email of any changes.23 The
current draft of this data dictionary is
attached in Attachment D. We seek
comment on the specific content for the
relational database as set forth in the
current draft of the data dictionary that
is attached. In addition, Commission
staff has been and will continue to
conduct substantial outreach with the
industry, including meetings and
technical workshops on the data
dictionary and the submittal process. A
notice for the first workshop, which will
focus on the draft data dictionary
included as Attachment D, is being
issued contemporaneously with this
NOPR.24
21 Parse means to capture the hierarchy of the text
in the XML file and transform it into a form suitable
for further processing. Order No. 714, FERC Stats.
& Regs. ¶ 31,276 at n.9.
22 Metadata is data or information beyond or
about other data. For example, in the XML schema
for eTariff, one required element is a proposed
effective date and another element is the text of the
tariff provision. The proposed effective date is
considered to be metadata relative to the tariff text.
See Order No. 714, FERC Stats. & Regs. ¶ 31,276
at P 12 & n.10.
23 The Commission proposes to utilize the same
procedures set forth in the recently issued order
addressing, among other things, revisions to the
EQR Data Dictionary. See Filing Requirements for
Electric Utility Service Agreements, 155 FERC ¶
61,280, at P 3 (2016) (‘‘Going forward, consistent
with [§ ] 35.10b of the Commission’s regulations,
future minor or non-material changes to the
reporting requirements and EQR Data Dictionary
will be posted directly to the Commission’s Web
site, and EQR users will be alerted via email. This
process will enable the Commission to make
necessary minor or non-material changes in a more
timely manner. Conversely, significant changes to
the EQR reporting requirements and the EQR Data
Dictionary will be proposed in a Commission order
or rulemaking, which would provide an
opportunity for comment.’’).
24 Notice of Technical Workshop on the Draft
Data Dictionary Attached to the Data Collection for
Analytics and Surveillance and Market-Based Rate
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16. We anticipate that the data
dictionary, the XML schema definition
with appropriate validations, and a
temporary test environment will be
posted on the Commission Web site
upon issuance of a final rule in this
proceeding. In addition, we would also
provide an email portal and other points
of contact on the Commission Web site
for filers to seek guidance from
Commission staff on the final rule and
technical aspects of making the required
submissions.
A. Proposals Regarding Connected
Entity Information
17. The Commission received many
comments objecting to the scope of the
Connected Entity NOPR. The
Commission carefully considered those
comments and substantially clarified
and narrowed the definitions proposed
in this NOPR from those proposed in
the Connected Entity NOPR. In
addition, the definitions proposed in
this NOPR reflect, where possible, the
affiliate definitions found in the MBR
regulations. To better align the
Connected Entity Information
requirements with the MBR Information
requirements, we propose that the
definition of Connected Entity
ownership information be limited to
‘‘affiliates,’’ as defined for purposes of
MBR requirements in section 35.36(a)(9)
of the Commission’s regulations, that
are either: (i) An ‘‘ultimate affiliate
owner’’ of the entity, as defined for
purposes of MBR requirements in
section 35.37(a)(2); (ii) an entity that
participates in Commissionjurisdictional organized wholesale
electric markets; or (iii) an entity that
purchases or sells financial natural gas
or electric energy derivative products
that settle off of the price of physical
electric or natural gas energy products.
We also propose to replace the category
of ‘‘employees’’ proposed in the
Connected Entity NOPR with a much
narrower category of ‘‘Trader,’’ which
we propose to define as ‘‘a person who
makes, or participates in, decisions and/
or devises strategies for buying and
selling physical or financial electric or
natural gas energy products.’’ In
addition, we propose to eliminate
entirely the reporting of debt
instruments. We also propose to narrow
and rework the category of contractual
Connected Entities reported from that
originally proposed in the Connected
Entity NOPR. As narrowed, the category
will refer only to entities that have
entered into an agreement with a
submitting entity that ‘‘confers control
Purposes Notice of Proposed Rulemaking, 156 FERC
¶ 61,045 (2016).
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over an electric generation asset that is
used in, or offered into, wholesale
electric markets.’’
18. We also propose a reporting
process that would permit, where
possible, unified submissions of both
MBR and Connected Entity Information.
Additionally, we propose that, as
discussed below, all the required data
be submitted directly to the Commission
rather than to the RTOs and ISOs. This
will obviate the need for RTOs and ISOs
to act as middlemen in the collection
process, as proposed in the Connected
Entity NOPR, and eliminate the need for
multiple RTO/ISO filings for entities
that participate in more than one
Commission-jurisdictional organized
wholesale electric market.
19. Because there are separate legal
justifications and regulations for the
various data submissions proposed in
this NOPR, it is useful to think of the
requirements in two parts: those
pertaining to the MBR program, and
those pertaining to analytics and
surveillance. As discussed below, we
propose that all MBR sellers largely
continue to submit data under the
existing MBR regulations, with certain
modifications proposed in this NOPR.25
We further propose that MBR sellers be
required to submit data under the
Connected Entity regulations proposed
in this NOPR. We propose that Virtual/
FTR Participants that do not require
MBR authority would submit data only
under the Connected Entity regulations
proposed in this NOPR. We propose to
require that the XML filing indicate
whether a particular piece of
information is submitted for MBR
purposes. Undesignated information
would, therefore, be considered as
provided pursuant to the Connected
Entity requirements. These indications
are necessary to allow an entity seeking
to obtain or retain MBR authority to
identify the specific information
necessary to support its requested
authorization consistent with our
regulations. Entities that trade solely
virtual instruments and/or FTRs are not
required to obtain MBR authority, and
therefore would not be required to
submit MBR Information. Therefore, the
only information such entities would
need to submit to the Commission
would be that needed for analytics and
surveillance purposes.
20. The Commission believes that
entities submitting only Connected
Entity data should be subject to the
same candor requirements of section
25 For a short-hand comparison of the Ownership
NOPR and the Existing MBR Requirements with the
current NOPR proposal, see Attachment A:
Comparison of Ownership NOPR and Existing MBR
Requirements with the Current NOPR Proposal.
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35.41(b) of the Commission’s
regulations as are MBR sellers. This
regulation requires MBR ‘‘sellers,’’ as
defined in section 35.36(a)(1) of the
Commission’s regulations, to submit
accurate, factual, and complete
information in any communication with
the Commission, Commission-approved
market monitors, RTOs, and ISOs.
Therefore, we propose to add a new
section 35.50(d) that would require the
same candor from Virtual/FTR
Participants in any of their
communications with the Commission,
Commission-approved market monitors,
RTOs, and ISOs, and jurisdictional
transmission providers.26
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B. Proposals Regarding MBR
Information
21. The Commission uses a two-part
approach when assessing whether a
seller should be granted MBR authority:
(1) Whether the seller and its affiliates
lack, or have adequately mitigated,
market power in generation (i.e.,
horizontal market power); and (2)
whether the seller and its affiliates lack,
or have adequately mitigated, market
power in transmission and whether the
seller or its affiliates can erect other
barriers to entry (i.e., vertical market
power).27 In Order No. 697, the
Commission adopted two indicative
screens for assessing horizontal market
power: the pivotal supplier screen and
the wholesale market share screen.28
The pivotal supplier screen evaluates
the MBR seller’s potential to exercise
market power based on the seller’s
uncommitted capacity at the time of
annual peak demand in the relevant
market. The wholesale market share
screen measures whether a seller has a
dominant position in the market by
analyzing the number of megawatts
(MW) of uncommitted capacity it owns
or controls, relative to the uncommitted
capacity of the relevant market.
22. With respect to the vertical market
power analysis, in cases where a public
utility or its affiliates owns, operates, or
controls transmission facilities, the
Commission requires that there be a
Commission-approved Open Access
Transmission Tariff (OATT) on file or
that the seller or its applicable affiliate
qualifies for waiver of the OATT
26 In the Connected Entity NOPR, the Commission
proposed to require market participants to certify,
on a yearly basis, that their Connected Entity data
is comprehensive and accurate. Connected Entity
NOPR, FERC Stats. & Regs. ¶ 32,711 at P 30. This
NOPR does not propose to include that
requirement.
27 See Order No. 816, FERC Stats. & Regs. ¶
31,374 at P 4; Order No. 697, FERC Stats. & Regs.
¶ 31,252 at P 399.
28 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at
PP 62–63.
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requirement.29 The Commission also
considers an MBR seller’s ability to
erect other barriers to entry as part of
the vertical market power analysis.30 As
such, the Commission requires a seller
to provide a description of its
ownership or control of, or affiliation
with an entity that owns or controls,
intrastate natural gas transportation,
storage or distribution facilities; and
physical coal supply sources and
ownership of or control over who may
access transportation of coal supplies.31
23. MBR sellers currently are required
to submit an asset appendix in an
electronic spreadsheet format listing all
generation assets owned or controlled
by the MBR seller and its affiliates,
broken out by balancing authority and
geographic region and including, among
other things, the in-service date and
certain capacity rating information. The
asset appendix also must reflect all
electric transmission and natural gas
intrastate pipelines and/or gas storage
facilities owned or controlled by the
MBR seller and its affiliates and the
location of such facilities and include
the size of the facility. Finally, in Order
No. 816, the Commission instituted a
requirement that the asset appendix
include certain information regarding
long-term power purchase agreements
and, in Order No. 816–A, the
Commission modified certain asset
appendix reporting requirements.32
1. Ownership Information
24. In Order No. 697–A, the
Commission set forth a requirement that
an MBR seller seeking to obtain or retain
MBR authority must identify all of its
upstream owners as well as describe the
business activity of its owners and
whether they are involved in the energy
industry. Specifically, footnote 258 of
Order No. 697–A states:
A seller seeking market-based rate
authority must provide information regarding
its affiliates and its corporate structure or
upstream ownership. To the extent that a
seller’s owners are themselves owned by
others, the seller seeking to obtain or retain
market-based rate authority must identify
those upstream owners. Sellers must trace
29 Id. P 408. See also Kingfisher Wind, LLC, 151
FERC ¶ 61,276, at PP 26–27 (2015) (providing
guidance on how qualified sellers can claim blanket
OATT waiver under Order No. 807 and demonstrate
lack of vertical market power).
30 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at
PP 440–451.
31 Id. P 447; 18 CFR 35.37(e) (2015). The
Commission previously had also required MBR
sellers to describe sites for generation capacity, but
eliminated this requirement in Order No. 816. See
Order No. 816, FERC Stats. & Regs. ¶ 31,274.
32 See Order No. 816, FERC Stats. & Regs. ¶
31,374 at PP 139–145, app. B, Asset Appendix;
Order No. 816–A, FERC Stats. & Regs. ¶ 31,382 at
PP 58, 61, 63, app. B, Asset Appendix.
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upstream ownership until all upstream
owners are identified. Sellers must also
identify all affiliates. Finally, an entity
seeking market-based rate authority must
describe the business activities of its owners,
stating whether they are in any way involved
in the energy industry.33
25. As noted above, a seller seeking
MBR authority must show that it and its
affiliates do not have, or have
adequately mitigated, horizontal and
vertical market power. Given that
information about owners that do not
meet the definition of affiliates under
section 35.36(a)(9) is not necessary to
evaluate horizontal or vertical market
power, continuing to require
information on unaffiliated owners may
create a burden that is unrelated to the
Commission’s determination whether a
MBR seller qualifies for MBR authority.
Thus, the instant NOPR proposes to
revise the requirements of Order No.
697–A such that MBR sellers would
only be required to provide information
on certain ‘‘affiliate owners’’ (i.e.,
owners that meet the definition of
‘‘affiliate’’ provided in 18 CFR
35.36(a)(9)).34 That is, consistent with
the proposal in the Ownership NOPR,
we propose that MBR sellers need to
identify only those affiliate owners that
either: (1) Are an ‘‘ultimate affiliate
owner,’’ defined as the furthest
upstream affiliate owner(s) in the
ownership chain; or (2) have a
franchised service area or MBR
authority, or directly own or control
generation; transmission; intrastate
natural gas transportation, storage or
distribution facilities; physical coal
supply sources or ownership of or
control over who may access
transportation of coal supplies.35
26. In addition, consistent with the
Commission’s proposal in the
Ownership NOPR, we propose that,
where an MBR seller is directly or
indirectly owned or controlled by a
foreign government or any political
subdivision of a foreign government or
any corporation which is owned in
whole or in part by such entity, the
MBR seller identify such foreign
government, political subdivision, or
corporation as part of its ownership
narrative.36 This information is useful in
protecting public utility customers
against inappropriate crosssubsidization and affiliate abuse
33 Order No. 697–A, FERC Stats. & Regs. ¶ 31,268
at n.258.
34 The Ownership NOPR similarly proposed to
limit the ownership information requirements to
information regarding affiliate owners. See
Ownership NOPR, FERC Stats. & Regs. ¶ 32,713 at
P 9.
35 See id.
36 See Ownership NOPR, FERC Stats. & Regs. ¶
32,713 at P 11.
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concerns possible when controlling
interests in a public utility are held by
a foreign government, any political
subdivision of a foreign government, or
any corporation which is owned in
whole or in part by such entity. Finally,
we also propose, as the Commission did
in the Ownership NOPR, that with
respect to any owners that an MBR
seller represents to be passive, the MBR
seller affirm in its ownership narrative
that its passive owner(s) own a separate
class of securities, have limited consent
rights, do not exercise day-to-day
control over the company, and cannot
remove the manager without cause.37
27. We believe that limiting the
category of owners for which MBR
sellers have to provide information will
be less burdensome for the industry and
more useful to the Commission for
purposes of determining whether a
seller qualifies for MBR authority. We
propose changes to the regulatory text in
section 35.37(a)(2) to implement the
changes to the level of ownership
information required and to require that
certain ownership information be
provided in a format specified on the
Commission’s Web site, so that it can be
included in the relational database.
28. We propose that the first time an
entity is identified as an affiliate owner
by an MBR seller in an XML
submission, the relational database will
create a unique identifier for that entity.
A list of all of these entities and their
associated unique identifiers, along with
limited identifying information (e.g.,
business address) would be published
on the Commission’s Web site. Once a
unique identifier is assigned to an
entity, all MBR sellers would be
responsible for using this unique
identifier when identifying their affiliate
owners in future XML submissions.38
To the extent an MBR seller submits its
relationship with an affiliate owner as
privileged under § 388.112 of the
Commission’s regulations, the MBR
seller-affiliate owner relationship would
remain confidential if it qualifies for
such treatment. However, the identity of
the affiliate owner and its unique
identifier or LEI (without an indication
of its affiliations) would be included in
the public list on the Commission’s Web
site. We seek comment on this proposal.
29. Once the MBR seller submits all
the required affiliate owner information
37 See Ownership NOPR, FERC Stats. & Regs. ¶
32,713 at P 13 (citing AES Creative Resources, LP,
129 FERC ¶ 61,239 (2009) (distinguishing between
controlling interests and passive investment
interests)).
38 If the affiliate owner has an LEI, the MBR seller
should use the LEI as the unique identifier, which
would take the place of a Commission-generated
identifier on the published list.
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to the relational database through the
XML filing, the database would be able
to generate a corporate organizational
chart. Thus, we also propose to amend
§ 35.37(a)(2) to remove the requirement
for MBR sellers to submit corporate
organizational charts adopted in Order
No. 816.
30. While there will be some
increased burden in the short-term
associated with providing ownership
information in the relational database,
the reduction of ownership information
required to be reported and the
elimination of the corporate
organizational chart requirement
represent a net decrease in burden for
MBR sellers. We seek comment on these
proposals.
2. Asset Appendix Information
31. Currently, MBR sellers submit in
an electronic spreadsheet format an
asset appendix that contains
information about long-term firm
purchases and assets that they and all of
their affiliates own or control. We
propose to amend this requirement such
that, for purposes of the asset appendix
requirement: (i) Information be
submitted in XML format as specified
on the Commission’s Web site so that it
can be included in the relational
database; and (ii) each MBR seller
would no longer report assets owned by
its affiliates with MBR authority.39 Once
an MBR seller identifies its ultimate
affiliate owner(s), the relational database
would be able to identify all the
affiliates (i.e., those with a common
upstream owner) with MBR authority
(that have each filed an asset appendix
with its own assets) and create an asset
appendix for the MBR seller that
includes all of the assets of its affiliates
with MBR authority. That asset
appendix would be placed into eLibrary
as part of the MBR seller’s filing. For
example, Company F’s filing identifies
two ultimate affiliate owners, Company
A and Company B. The relational
database would recognize that two other
MBR sellers, Company C and Company
D, also identify Company A as an
ultimate affiliate owner (making those
two companies also affiliates of
Company F) and that Company E has
identified Company B as an ultimate
affiliate owner (making Company E
another affiliate of Company F). The
relational database would then be able
to construct a complete asset appendix
for Company F, which would reflect any
39 This proposal is specific to the relational
database requirement to provide asset appendix
information. This does not relieve MBR sellers from
the requirements to consider and discuss affiliate
assets as part of their horizontal and vertical market
power analyses.
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and all assets reported by Companies A,
B, C, D, and E, which are all affiliates
of Company F. Given the proposed
requirement discussed below that
existing MBR sellers make a baseline
informational submission including
asset appendix information, we expect
that whenever an MBR seller would
need to submit a filing on which the
Commission has to act (e.g., an initial
application, triennial submission, or
change in status filing), all of the
information necessary for the relational
database to create a complete asset
appendix (i.e., information on affiliates’
assets) would exist in the relational
database.
32. We believe that this proposed
approach would reduce the burden on
MBR sellers given that they would no
longer have to submit detailed
information on all of their affiliates’
assets. However, we recognize that an
MBR seller’s current asset appendix
could include assets that are owned or
controlled by an entity that does not
have MBR authority, such as a
generating plant owned by an affiliate
that only makes sales under cost-based
rates. If that MBR seller does not have
a requirement to submit the information
related to the affiliated generating plant
into the relational database, that
information could be ‘‘lost.’’
Accordingly, for purposes of
completeness, we propose to require
that the MBR seller include in its
relational database filing any assets that
are owned or controlled by an affiliate
that does not have MBR authority. In
that way, these assets would be
included in the asset appendix that the
relational database generates for the
MBR seller.
33. A potential issue with this
proposed approach is that the filing
MBR seller would not be directly
responsible for all the information that
is included in its asset appendix; some
of the information that will be used to
generate the complete asset appendix
will have been reported by its affiliates.
We propose that a filing MBR seller
incorporate by reference its affiliates’
most recent relational database
submittals or otherwise acknowledge
that the information from its affiliates’
relational database submittals will be
included as part of the MBR seller’s
asset appendix. We anticipate that MBR
sellers (and the public) will be able to
access reports from the relational
database’s up-to-date asset information
through a Commission-established
interface. Thus, the filing MBR seller
would have prior notice of the asset
appendix the relational database would
generate and would be able to note any
perceived errors when making its filing.
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In addition, once the relational database
generates and reports the MBR seller’s
full asset appendix to eLibrary
(including information on the affiliates’
assets), the MBR seller could file to
amend the asset appendix posted to
eLibrary if the MBR seller believes that
the asset appendix generated by the
relational database contains errors.40
34. As noted above, we believe that
the approach proposed above in which
an MBR seller reports only its own
assets (and those of any affiliate without
MBR authority) would represent an
overall decrease in burden on MBR
sellers. However, the Commission is
also considering an alternative approach
whereby MBR sellers continue to
provide information on all of their
affiliates’ assets when submitting asset
appendix information for the relational
database. An advantage to this approach
would be that the filer would be
submitting all of the information itself
and not having to rely on information
submitted by its affiliates. One
disadvantage to this approach is that, to
the extent more than one MBR seller
submits information about an asset, the
more recently submitted data would
overwrite the earlier-submitted data in
the relational database such that the
database would reflect only the most
recently filed information. Thus, if
Company A submits a triennial filing
and reports that it sold a 150 MW
generating plant (Plant 1), it would
delete that plant from its asset
appendix. The following day, if
Company B, an affiliate of Company A,
submits a triennial filing and is unaware
of the sale of Plant 1 by Company A,
and it includes Plant 1 in the asset
appendix, because the more recently
added information by Company B
would ‘‘overwrite’’ the deletion made by
Company A, it would appear in the
relational database that Company A still
owns Plant 1. While this ‘‘overwrite’’
would not impact the content of MBR
sellers’ filings, it would be problematic
for the accuracy of the database given
that more recently added information
may not always represent the most
current or accurate information. For this
reason, we propose the option detailed
above whereby each MBR seller does
not report to the relational database the
assets owned by its affiliates with MBR
authority. As noted above, the owner of
the facility generally should be the best
source for information regarding its own
40 To
the extent that an MBR seller believes that
its affiliate has submitted incorrect data, we expect
them to work together to have the correct
information submitted into the relational database.
We note that each MBR seller is responsible for
submitting accurate, factual, and complete
information to the Commission.
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facility. We seek comment on the
proposed approach as well as the
alternative approach.
35. In addition to these proposed
changes in the submission of asset
appendix information, we propose four
additional discrete changes to the
information required to be reported
regarding assets. First, MBR sellers
currently are free to report their
generation in the asset appendix on a
facility-wide basis, i.e., they are not
required to report on a unit-specific
basis. We propose instead to require that
each generation unit be reported
separately for purposes of the relational
database and that MBR sellers report the
Plant Name, Plant Code, Generator ID
and Unit Code (if applicable)
information from the Energy
Information Agency (EIA) Form EIA–
860 database.41 The use of this Form
EIA–860 information will ensure that
each unit is uniquely identified, which
will enable the relational database to
identify when information is being
provided about a generating unit that is
already part of the relational database
and reduce duplication of data. While
there may be an initial small increase in
burden associated with transitioning to
reporting generation-related information
on a unit-specific basis, we believe that
better tracking of which MBR seller
owns or controls each specific unit will
improve the Commission’s ability to
assess sellers’ market power,
particularly in cases where various units
at a single facility may be owned or
controlled by more than one seller. This
also aligns the Commission’s required
unit identifying information with the
EIA identifying information, essentially
adopting the EIA nomenclature, which
should simplify regulatory requirements
for the industry.
36. Second, we propose that MBR
sellers be required to report in the
relational database the ‘‘Telemetered
Location: Market/Balancing Authority
Area’’ and ‘‘Telemetered Location:
Geographic Region’’ in which the unit
should be considered for market power
purposes when that location differs
from the reported physical location.42
Currently, the asset appendix has
columns entitled ‘‘Location: Market/
Balancing Authority Area’’ and
‘‘Location: Geographic Region’’ where
MBR sellers are expected to provide the
physical location of their generation
41 The Form EIA–860 data is available on the
Internet at https://www.eia.gov/electricity/data/
eia860/.
42 MBR sellers currently are required to report the
market/balancing authority area and region where
generation is located. We propose that such
information continue to be reported for purposes of
the relational database.
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units. These columns help the
Commission match the information in
the asset appendix to the MBR seller’s
market power analysis. However, some
generation units are considered to be in
a different market/balancing authority
area and geographic region for market
power purposes than the market/
balancing authority area and geographic
region in which they are physically
located (e.g., generation units that are
pseudo-tied into a different balancing
authority area). Requiring MBR sellers
to report in the relational database the
‘‘Telemetered Location: Market/
Balancing Authority Area’’ and
‘‘Telemetered Location: Geographic
Region’’ will ensure that the
Commission is able to properly match
identified generation units with the
markets/balancing authority areas and
geographic regions in which they are
studied in an MBR seller’s market
power analysis.
37. Third, we propose to require MBR
sellers to include information on longterm firm sales (i.e., those one year or
longer) in their relational database
submissions. This would correspond
with the requirement added in Order
No. 816 that MBR sellers provide
information in the asset appendix
regarding long-term firm purchases.
This requirement to report sales in
addition to purchases will help ensure
that purchasers and sellers report and
treat transactions in a consistent and
accurate manner. To the extent that an
MBR seller believes there are any
unique qualities of the contract that
would not otherwise be captured by the
relational database, the seller is free to
explain this as part of its horizontal
market power discussion.
38. Finally, similar to the requirement
for reporting generating units, we
propose that, for unit-specific power
purchase agreements, MBR sellers
provide the associated Plant Code and
Generator ID from the Form EIA–860
database, which will provide the unique
identifier for that unit.
39. We also propose to eliminate some
of the asset information requirements
currently reported in the asset
appendix. For example, we propose
that, for purposes of the relational
database, MBR sellers no longer be
required to report the size (kV and
length) of transmission facilities and no
longer be required to identify specific
transmission facilities. Instead, we
propose that MBR sellers only report in
the relational database whether they
have transmission facilities covered by
an OATT in a particular balancing
authority area and region. With respect
to the natural gas pipeline information
currently required to be reported in the
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list of transmission assets and natural
gas intrastate pipelines and gas storage
facilities (transmission list) portion of
the asset appendix, we propose to revise
the requirements so that the MBR seller
will only be required to indicate for
purposes of the relational database
whether they own natural gas pipelines
and storage facilities, and if so, to
identify in which balancing authority
area and region those assets are located.
We expect that these proposed changes
would reduce the burden on MBR
sellers associated with the transmission
list of the current asset appendix.43 We
seek comments on these proposals.
3. Indicative Screen and Other MBR
Information
40. As noted above, current
Commission regulations at § 35.37(c)(4)
require that MBR sellers submit their
indicative screens in an electronic
spreadsheet format. We propose to
amend that regulation to require that the
indicative screen information instead be
submitted in XML format as specified
on the Commission’s Web site, which
will enable the information to be
included in the relational database. We
anticipate that once an MBR seller
submits the required screen information
to the relational database through the
XML filing, the database will format the
indicative screens for inclusion in the
record in eLibrary. In this way, the
generated indicative screens will be
available for public comment, as part of
the MBR seller’s filing, and also be
available to the Commission and staff in
the relational database for ease of access
and analysis. MBR sellers would still be
required to submit to the Commission
all work papers underlying their
indicative screens. Such work papers
would be included as an attachment to
the relevant filing. We seek comments
on these proposals.
41. The proposed information to be
collected from MBR sellers via the new
XML format is detailed in the attached
draft data dictionary. As discussed
above, most of this information is
already part of a market-based rate
filing, but some of it is new information.
The types of existing MBR information
that we propose to require an MBR
seller to submit in XML for inclusion in
the relational database include: (i) MBR
seller category status for each region in
which the MBR seller has MBR
43 We note that although these proposals would
reduce the level of detail currently required to be
provided in the asset appendix about electric
transmission and natural gas assets, they do not
affect the descriptive information and
representations that MBR sellers are required to
provide for purposes of the vertical market power
analysis under 18 CFR 35.37(d), (e).
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authority; (ii) markets in which the MBR
seller is authorized to sell ancillary
services; (iii) Commission-ordered
seller-specific mitigation, if any; and (iv)
whether the MBR seller’s MBR authority
is limited to certain balancing authority
areas. In addition, we propose to require
MBR sellers to submit two new
categories of information in XML for
inclusion in the relational database: (i)
The effective date of the initial grant of
market-based rate authority to the MBR
seller and (ii) Connected Entity
Information, as explained elsewhere in
this NOPR.
42. As discussed above, we propose to
amend the Commission’s regulations at
§ 35.37 to include this additional
information being reported for MBR
purposes and to add a new § 35.51 to
include a requirement for MBR sellers to
provide Connected Entity Information
in the relational database. We seek
comment on these proposed changes.
C. Need and Authority: Analytics and
Surveillance
43. In the Connected Entity NOPR, the
Commission discussed the importance
to its analytics and surveillance of
understanding the financial and legal
connections among market participants
and other entities. The Commission
pointed out that screening market
activity for anomalies must include
understanding the circumstances
surrounding a given pattern of trading,
including the possible motivations for
that behavior, which can sometimes be
found in the legal or contractual
relationships entities bear to one
another. However, as the Commission
also found, the few existing sources of
such relationship information are
inadequate because of scope, format, or
timing reasons.44 The Commission
therefore believed that it was necessary
to obtain such data from the market
participants themselves.
44. In the instant NOPR, we propose
to require the direct submission of
Connected Entity Information not only
from MBR sellers but also from entities
that trade solely in virtuals and FTRs.
The Commission has the authority
under FPA section 205 to regulate the
practices in which these entities engage
insofar as those practices affect
jurisdictional rates. Consequently, as
discussed more fully below, we propose
to now require that such entities submit
Connected Entity Information and their
LEIs within 30 days of commencing
trading of virtual products or holding
FTRs in Commission-jurisdictional
organized markets and then provide
44 Connected Entity NOPR, FERC Stats. & Regs. ¶
32,711 at PP 12–14.
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ongoing updates to their Connected
Entity Information to the Commission
through the relational database.
45. The authority for obtaining
Connected Entity data is found, as
described in the Connected Entity
NOPR, in the Commission’s antimanipulation authority under section
222 of the FPA, its investigative
authority under section 307(a) of the
FPA, its administrative powers under
section 309 of the FPA, and its
inspection and examination authority
under section 301(b) of the FPA, as well
as in sections 205 and 206 of the FPA.45
Section 205 of the FPA provides that
‘‘[a]ll rates and charges made,
demanded, or received by any public
utility for or in connection with the
transmission or sale of electric energy
subject to the jurisdiction of the
Commission, and all rules and
regulations affecting or pertaining to
such rates or charges, shall be just and
reasonable. . . .’’ 46
46. The U.S. Supreme Court recently
concluded that sections 205(a) and
206(a) grant the Commission the
authority and the duty to ensure that the
practices directly affecting the rates
charged by public utilities for the sale
of electric energy for resale, and the
transmission of electric energy in
interstate commerce, are just and
reasonable.47 In the organized markets,
the locational marginal price (LMP) for
sales of energy, capacity, and ancillary
services are established through markets
administered by the RTOs and ISOs,
which are public utilities. Virtual trades
directly affect those LMPs, since they
are submitted in the same way and at
the same time as all other bids and
offers in the day-ahead market, and are
cleared along with other bids and offers,
thus affecting the outcome of the dayahead market.48 In addition, market
participants that hold FTRs may be
incentivized to use physical or virtual
transactions to directly affect LMPs in
such a way as to benefit their FTR
holdings.49 All these prices must be just
45 16 U.S.C. 824d, 824e, 824v, 825(b), 825f(a),
825h.
46 16 U.S.C. 824d.
47 FERC v. Elec. Power Supply Ass’n, 136 S. Ct.
760 (2016).
48 See Cal. Indep. Sys. Operator Corp., 110 FERC
¶ 61,041, at P 30 n. 21 (2005).
49 See ETRACOM LLC, 155 FERC ¶ 61,284 (2016)
(in which the Commission found that ETRACOM
engaged in a scheme to submit virtual supply
transactions in order to affect power prices and
economically benefit its Congestion Revenue
Rights); see also Black Oak Energy, LLC v. FERC,
725 F.3d 230, 240 (D.C. Cir. 2013) (Black Oak)
(‘‘Since their business interests are purely
speculative, FERC explained, the virtual marketers
pose a threat as potential market manipulators.’’).
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and reasonable under the Commission’s
mandate.
47. The Commission has confirmed its
jurisdiction to regulate FTRs under FPA
sections 205 and 206 as charges or
contracts ‘‘in connection with’’
jurisdictional transmission service and
‘‘affecting’’ such service,50 and, in Order
No. 697, made note of its monitoring
authority over the RTO/ISO market
rules addressing virtual and FTR
transactions and over the market
participants engaged in those
transactions.51 Moreover, the U.S. Court
of Appeals for the District of Columbia
Circuit (D.C. Circuit) has upheld the
Commission’s authority to regulate
virtual traders as participants in
Commission-regulated wholesale energy
markets.52 The Commission has held
that virtual trades that affect the price of
jurisdictional electricity fall within its
jurisdiction.53
48. Accordingly, the Commission’s
authority to require the submission of
Connected Entity Information is
unrelated to whether a given participant
in the energy markets is a public utility
or not, or whether it is seeking MBR
authority or not. Consequently, the
Commission has the authority to impose
reasonable requirements on entities that
solely trade virtuals and hold FTRs as
a condition of participation in those
product markets. These requirements
include candor and the disclosure of
Connected Entity Information.
49. MBR sellers would also be subject
to Connected Entity reporting. The
Commission proposes that FPA section
201(f) entities, which in the main
consist of municipalities and certain
cooperatives (as well as their associated
joint action agencies), would not be
included in the reporting requirements.
These entities are not subject to FPA
sections 205 and 206; furthermore, due
to their financial structures, they have
substantially reduced incentives to
commit market manipulation.54
D. Nature of the Connected Entity
Information Submissions
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50. Data proposed for submission by
entities for the purpose of analytics and
surveillance would be greatly
streamlined from that proposed under
50 See, e.g., Cal. Indep. Sys. Operator Corp., 89
FERC ¶ 61,153 (1999), order on reh’g, 94 FERC ¶
61,343 (2001).
51 See Order No. 697, FERC Stats. & Regs. ¶
31,252 at P 921.
52 Black Oak, 725 F.3d 230 at 238–41.
53 See, e.g., Coaltrain Energy, L.P., 155 FERC ¶
61,204, at PP 247–249 (2016).
54 See Dairyland Power Cooperative, 37 FPC 12
(1967) (discussing the characteristics of certain
section 201(f) entities that distinguish them from
privately-owned companies).
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the Connected Entity NOPR.55 This
information would be submitted both by
MBR sellers (although not pursuant to
the MBR program), and Virtual/FTR
Participants. The proposed regulatory
text pertaining to the Connected Entity
Information, as well as the proposed
regulatory text pertaining to revised
MBR requirements, is set out at the end
of this NOPR.
51. The Connected Entity Information
requirements would be applicable to
MBR sellers and Virtual/FTR
Participants. We propose to define the
term ‘‘Virtual/FTR Participants’’ as
entities that buy, sell, or bid for virtual
instruments or financial transmission or
congestion rights or contracts, or hold
such rights or contracts in organized
wholesale electric markets, not
including entities defined in section
201(f) of the FPA. Organized wholesale
electric markets would include ISOs
and RTOs as those terms are defined in
§ 35.46 of the Commission’s regulations.
In addition, we propose to use the same
definition for ‘‘Seller’’ as in the MBR
context and defined in § 35.36(a)(1) of
the Commission’s regulations. We seek
comments on these proposed
definitions. The Commission is also not
proposing to require entities that hold
only Auction Revenue Rights to submit
Connected Entity Information, but seeks
comment on this aspect of the
proposal.56
52. We still propose to use the term
‘‘Connected Entity’’ under the proposed
regulations, but the categories of entities
included and their definitions are
reduced and narrowed from that
proposed in the Connected Entity
NOPR, as described below.
(a) Ownership and control: The
proposed regulation would limit
upstream, downstream, and common
ownership/control relationship
reporting, to affiliates, as defined in 18
CFR 35.36(a)(9), that are either: (1)
Ultimate affiliate owners of the entity,
as defined in 18 CFR 35.37(a)(2), (2)
participants in Commissionjurisdictional organized wholesale
electric markets, or (3) entities that
purchase or sell financial natural gas or
electric energy derivative products that
settle off of the price of physical electric
or natural gas energy products.
(b) Employees: The proposed
regulation would limit reportable
55 For a short-hand comparison of the Connected
Entity NOPR proposals and the the current NOPR
proposal, see Attachment B: Comparison of
Connected Entity NOPR Proposal and Current
NOPR Proposal.
56 Auction Revenue Rights are entitlements to
FTR auction revenues that are allocated based on
historical transmission usage or the funding of
transmission upgrades.
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employees or contractors to include
only traders, defined as a person who
makes, or participates in, decisions and/
or devises strategies for buying or
selling physical or financial
Commission-jurisdictional electric
products or physical natural gas.
(c) Debt: The proposed regulation
would eliminate the debt instruments
and structured transactions reporting
requirement proposed in the Connected
Entity NOPR.
(d) Contracts: The proposed
regulation would refine the definition in
the Connected Entity NOPR to require
reporting by the filing entity only of
those entities that have entered into an
agreement with it that ‘‘confers control
over an electric generation asset that is
used in, or offered into, wholesale
electric markets.’’ Agreements that
confer control are those that grant one
of the parties the right to make trading
decisions for an electric generation asset
of another party or to offer an electric
generation asset into the wholesale
electric markets.
We seek comment on this proposed
definition of Connected Entity. In
particular, we seek comment on the
proposed definition of ‘‘trader’’ as used
in the Connected Entity definition.
53. We recognize that the agreements
that would fall into the Contracts
category of this proposed definition of
Connected Entity are already reported to
the Commission in EQR. However, for
the Commission to be able to efficiently
use EQR data in lieu of including the
Contracts category of the Connected
Entity definition, we would have to
implement changes to how EQRs are
filed that would allow staff to easily pair
EQR data with Connected Entity
Information. Therefore, as an alternative
to including the Contracts category of
the Connected Entity definition, we are
also considering the option of requiring
MBR sellers to include their LEIs in
their EQR submissions, which would
facilitate coordination between the two
datasets. We request comment on: (1)
The feasibility of this alternative
approach; (2) whether this alternative
approach is preferable to inclusion of
the Contracts category of Connected
Entity Information; and (3) the burden
such a requirement would impose on
MBR sellers.
54. We also propose to require MBR
sellers and Virtual/FTR Participants to
provide their Purchaser Seller Entity
(PSE) NAESB/OATI webRegistry Entity
Code(s) (PSE ID), if available, as part of
their Connected Entity Information
submission. The PSE ID is the entity
identifier that appears in the contract/
market paths field of an e-Tag. The PSE
ID would assist the Commission in
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pairing the information submitted
pursuant to this NOPR with other
datasets, such as e-Tags.57 We are
proposing that MBR sellers and Virtual/
FTR Participants who have a PSE ID
report that identifier as part of their
Connected Entity Information
submissions. However, we are not
proposing that those entities that do not
have a PSE ID obtain one. We seek
comment on this proposal.
55. As mentioned above, certain
information specified in this NOPR is
sought for the purpose of determining
whether MBR authority is to be granted
or retained, while other information is
sought for the Commission’s analytics
and surveillance. For that reason, the
regulations pertaining to these data
submissions are set out in different
regulatory text sections, with the MBRspecific requirements set out in subpart
H of part 35 and the regulatory text for
the Connected Entity Information set
out in a new subpart K of part 35.
However, this NOPR proposes
coordinating the deadlines for reporting
the two types of data wherever possible,
thereby allowing entities that must
submit data under both categories (MBR
and Connected Entity) to combine it in
a single submission. As noted above,
instructions on the specific formatting
and other technical requirements for
these submissions will be set out on the
Commission’s Web site. The
Commission will hold substantial
outreach meetings with members of the
industry, to determine the most
effective, expeditious, and cost-effective
method of structuring these
submissions.
E. Legal Entity Identifiers
56. In the Connected Entity NOPR, the
Commission discussed its past
dissatisfaction with the available
methods for identifying entities that
must make filings with the
Commission.58 The Commission found
that the information available was often
imprecise and out of date and proposed
to require market participants to obtain
an LEI, which is unique to the acquirer.
This proposal generally was met with
favor in the comments to the Connected
Entity NOPR. In this NOPR, the
Commission proposes requiring that all
entities that must make either MBR or
Connected Entity Information filings,
obtain and maintain an LEI, and report
57 Availability of E-Tag Information to
Commission Staff, Order No. 771, 77 FR 76367
(Dec. 28, 2012), FERC Stats. & Regs. ¶ 31,339 (2012),
order on reh’g and clarification, 142 FERC ¶ 61,181
(2013), order on reh’g and clarification, 153FERC ¶
61,177 (2015).
58 Connected Entity NOPR, FERC Stats. & Regs. ¶
32,711 at P 24.
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it to the Commission in its XML
submission for inclusion in the
relational database.
F. Confidentiality and Due Diligence
57. As was the case with data to be
collected under the Connected Entity
NOPR, the information received under
this proposal for analytics and
surveillance would be treated as nonpublic and confidential. The
Commission has long experience with
maintaining the non-public status of
information used for investigative
purposes, and this applies equally to its
analytics and surveillance program.
Information submitted for MBR
purposes will be made public via
publication in eLibrary, and potentially
through other means, such as the asset
appendix interface discussed above
unless confidential treatment is
requested pursuant to the Commission
regulations.59 Connected Entity
Information would be kept non-public
unless the Commission authorized its
release under the provisions of Part 1b
of its regulations.60
58. The Commission appreciates that
when extensive data must be submitted
to a regulatory entity, occasionally some
data may, despite an entity’s best efforts
to achieve accuracy, turn out to be
incomplete or incorrect. In the case of
such inadvertent errors, the
Commission’s practice is simply to
require that a corrected submittal be
made without sanctions of any kind.
The intentional or reckless submittal of
incorrect or misleading information
could, however, result in the imposition
of sanctions, including civil penalties,
as has occurred in other contexts.61 An
entity can protect itself against such a
result by applying due diligence to the
retrieval and submission of the required
information.
G. Filing Requirement for Existing and
New Virtual/FTR Participants 62
59. We propose to require Virtual/FTR
Participants to submit an Initial
59 See
18 CFR 388.112.
CFR pt. 1b. The protected nature of the
collected information would not, however, prohibit
the Commission from sharing it on a confidential
basis, with market monitors, RTOs and ISOs. Such
sharing was explicitly authorized in Southwest
Power Pool, Inc., 137 FERC ¶ 61,046, at P 20 (2011).
61 See, e.g., Berkshire Power Company LLC and
Power Plant Management Services LLC, 154 FERC
¶ 61,259, at PP 15–16 (2016); Coaltrain Energy, L.P,
155 FERC ¶ 61,204, at PP 274–287 (2016); City
Power Marketing, LLC and K. Stephen Tsingas, 152
FERC ¶ 61,012, at P 216 (2015); Constellation
Energy Commodities Group, Inc. 145 FERC ¶
61,062, at P 5 (2013); Gila River Power, LLC, 141
FERC ¶ 61,136, at P 12 (2012).
62 For a short-hand summary of the proposed
submission process for both MBR sellers and
Virtual/FTR Participants, see Attachment C:
60 18
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51735
Connected Entity Submission, as
defined in section 35.50(b), to engage, or
continue to engage, in the virtual and/
or FTR markets within the organized
wholesale electric markets. The Initial
Connected Entity Submission would: (i)
Contain the ownership, trader, and
contract information set forth in the
regulation regarding Connected Entity
Information; and (ii) report its LEI. The
Commission would not issue an order
approving the Initial Connected Entity
Submission. We propose that any
current Virtual/FTR Participant submit
the Initial Connected Entity Submission
within 90 days of the publication of a
Final Rule in the Federal Register. We
further propose that, thereafter, any new
Virtual/FTR Participant submit an
Initial Connected Entity Submission
within 30 days of commencing trading
of virtual or FTR products. For new
Virtual/FTR Participants that commence
trading of virtual or FTR products
during the initial 90-day period after
publication of the Final Rule in the
Federal Register, the 30-day timeline for
submission of Connected Entity
Information would begin to run after the
90 days has elapsed. To the extent an
entity is both an MBR seller and a
Virtual/FTR Participant, we propose
that entity follow the submission
deadlines and requirements applicable
to MBR sellers. We request comments
on this proposed submission process.
H. Baseline Submission Required of
Existing MBR Sellers 63
60. In the case of existing MBR sellers,
we propose to require each MBR seller
to make a baseline submission that will
include both Connected Entity and MBR
Information in order to establish the
relational database.
61. The baseline submission would be
due within 90 days of the publication of
a Final Rule in the Federal Register and
include:
(i) The Connected Entity Ownership
information set forth in the regulation
regarding Connected Entity Information
(i.e., affiliates, as defined in section
35.36(a)(9) of the Commission’s
regulations, that: (a) Are ultimate
affiliate owners; (b) participate in
organized wholesale electric markets; or
(c) purchase or sell financial natural gas
or electric energy derivative products
that settle off the price of electric or
natural gas energy products);
(ii) its LEI;
Proposed Submission Processes for MBR Sellers
and Virtual/FTR Participants.
63 For a short-hand summary of the proposed
submission process for both MBR sellers and
Virtual/FTR Participants, see Attachment C:
Proposed Submission Processes for MBR sellers and
Virtual/FTR Participants.
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(iii) the MBR information as set forth
in the data dictionary (i.e., (a) MBR
seller category status for each region in
which the MBR seller has MBR
authority, (b) markets in which the MBR
seller is authorized ancillary services,
(c) mitigation, if any, and (d) whether
the MBR seller has limited the regions
in which it has MBR authority);
(iv) MBR Ownership information (i.e.,
affiliate owners that are: (a) Ultimate
affiliate owners 64 and (b) affiliate owner
that have a franchised service area or
MBR authority or directly own or
control generation; transmission
intrastate natural gas transportation,
storage or distribution facilities;
physical coal supply sources or
ownership of or control over who may
access transportation of coal supplies;
(v) Connected Entity Trader and
Contracts information; and
(vi) Asset Appendix information as
set forth in the data dictionary.
MBR sellers should submit current
information, even if different from
information included in their most
recent MBR filing with the Commission.
62. This submission is intended to
establish a baseline of information in
the relational database, not to evaluate
an MBR seller’s MBR authority. Thus,
the Commission would not act on the
baseline filing. The information in this
baseline submission would not be
deemed accepted or approved by the
Commission.
amends an agreement that results in the
parties conferring control of 100 MW or
more of the output of an electric
generation asset. We seek comments on
this proposed definition of change in
connection and our proposal to include
a 100 MW de minimis threshold for
reporting changes of connection related
to the Contracts category.
64. The 30-day time period for
submitting changes in connection
corresponds to the time period to report
MBR-required changes in status, thus
permitting a single combined filing. For
any submissions required under this
NOPR, entities subject to both MBR and
Connected Entity requirements may
include both the MBR and Connected
Entity Information in the same format,
so long as the time periods for
submission applicable to each category
are met.
J. Ongoing MBR Seller Filing
Requirements
65. We further propose to revise our
regulations to add a new § 35.51
requiring that new MBR sellers, within
30 days of the date of the issuance of the
order granting MBR authority, make a
submission of their: (i) Connected Entity
Ownership information, as defined in
§ 35.49(c)(1); (ii) Trader information, as
defined in § 35.49(d)(2); and (iii)
Contract information, as defined in
§ 35.49(d)(3). Thereafter, Sellers shall
make filings updating this information
within 30 days of a change in
I. Ongoing Connected Entity Information connection, as defined in section
Submission Requirements
35.49(e). We also note that MBR sellers
63. Thereafter, in the case of both
would still be required to make change
MBR sellers and Virtual/FTR
in status filings pursuant to § 35.42(a),
Participants, changes in connection
and would be required to update other
would be required to be submitted
information quarterly, as set forth in the
within 30 days of the change. We
proposed § 35.42(d).
66. We also propose a new § 35.42(d)
propose to define a change in
to require MBR sellers to update the
connection for purposes of updating
relational database on a quarterly basis
Connected Entity Information as
to reflect any changes to previouslyoccurring when: (i) An entity becomes
submitted information that did not
a Connected Entity of a Seller or
Virtual/FTR Participant; or (ii) an entity trigger a change in status filing under
§ 35.42(a), a change in connection
ceases to be a Connected Entity of a
submission under the proposed
Seller or Virtual/FTR Participant. With
§ 35.49(e), or any other MBR-related
regard to the Contracts category of
filing such as a notice of cancellation of
Connected Entity relationships, we
or revision to an MBR tariff to change
propose to include a de minimis
an MBR seller’s category status.65 For
threshold of 100 MW for reporting
example, updates that would be
changes in connection. Thus, a change
required include: (1) Retirement of a
in connection related to connections
generation asset; (2) capacity rating
that are created by an agreement would
changes to an existing generation
occur when a Seller or Virtual/FTR
asset; 66 (3) acquisition of a generation
Participant enters into, terminates, or
64 When information, such as ultimate affiliate
owner, is required to be submitted for both MBR
and analytics and surveillance purposes, it should
be designated as MBR Information and will be
treated as public information unless the filer
specifically requests non-public treatment in
accordance with 18 CFR 388.112.
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65 When making any filing that affects
information captured in the relational database,
including a notice of cancellation, MBR sellers
would be required to include an XML file to update
the relational database. See P [65], infra.
66 The Commission’s change in status regulation
regarding generation-related assets is limited to
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asset that is a reportable asset 67 but not
required to be reported in a change in
status filing; (4) loss of affiliation with
an affiliate owner that has a franchised
service area or MBR authority, or
directly owns or controls generation,
transmission, interstate natural gas
transportation, storage or distribution
facilities, physical coal supply sources,
or ownership of or control over who
may access transportation of coal
supplies that does not trigger a change
in connection submission; and (5)
changes to business card information of
the Seller or its affiliate owner(s) (e.g.,
name of legal entity name, headquarters
address, address of legal formation, Web
site, business registry, and business
registry reference number) that will be
used as a way to distinguish entities
with similar names and characteristics
from one another. In this way,
information in the relational database
would be fully updated on a regular
basis while avoiding duplication of
other reporting requirements. To the
extent that a Seller needs to make a
change in status filing, change in
connection submission, and/or a
quarterly update, it may do so in a
single filing to the extent the
Commission’s rules on timing of change
in status filings and change in
connection are met. That is, a quarterly
submission could include the requisite
change in status filing and/or the
requisite change in connection
submission so long as it is not made
more than 30 days after the relevant
change in status or change in
connection event.
67. Maintaining the accuracy of the
database is not only important to ensure
the usefulness of the relational database
for the Commission’s analytics and
surveillance program, but is also
necessary to generate accurate asset
appendices for inclusion in an MBR
seller’s MBR filings and organizational
charts for use by the Commission. As
described above, the relational database
will generate an asset appendix for the
MBR seller based on information that is
provided by its affiliates. The quarterly
update requirement will ensure that
cumulative net increases of 100 MW or more; thus,
not all changes in generation assets create a change
in status filing obligation. See 18 CFR 35.42(a).
67 As the Commission clarified in Order No. 816,
behind-the-meter generation and certain qualifying
facilities would not be reportable assets. Order No.
816 FERC Stats. & Regs. ¶ 31,374 at PP 23, 44
(sellers are not required to include behind-themeter generation in their asset appendices,
indicative screens, or for purposes of calculating the
change in status threshold; qualifying facilities that
are exempt from FPA section 205 and facilities that
are behind-the-meter facilities do not need to be
reported in the asset appendix or indicative
screens).
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when an MBR seller makes a filing
requiring an asset appendix, the asset
appendix generated by the relational
database would reflect current
information on its affiliates’ assets.68 We
propose that the quarterly updates be
treated as informational.
68. Other than the changes identified
herein, we propose that the substantive
requirements for MBR-related filings
(i.e., initial applications for MBR
authority, triennial filings, and change
in status updates) remain the same as
that currently in effect. However, such
filings would be made as an XML filing
package that includes all of the
necessary attachments, as described
above. Similarly, MBR sellers’ notices of
cancellation of, or amendments to, their
MBR tariffs would include an XML file
to update relevant relational database
information, if any. As noted elsewhere
in this NOPR, instructions on the
specific formats and mechanics of such
submissions will be included on the
Commission’s Web site.
III. Information Collection Statement
69. The collections of information
contained in this proposed rule are
being submitted to the Office of
Management and Budget (OMB) for
review under section 3507(d) of the
Paperwork Reduction Act of 1995, 44
U.S.C. 3507(d). We solicit comments on
the Commission’s need for this
information, whether the information
will have practical utility, the accuracy
of the provided burden estimates, ways
to enhance the quality, utility, and
clarity of the information to be
collected, and any suggested methods
for minimizing respondents’ burden,
including the use of automated
information techniques. Respondents
subject to the filing requirements of this
proposed rule will not be penalized for
failing to respond to these collections of
information unless the collections of
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68 Currently, asset appendix information is only
provided as part of initial MBR applications,
triennial updated market power filings, and some
notice of change in status filings.
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information display a valid OMB
control number.
70. The proposed rule will affect MBR
sellers and Virtual/FTR Participants.
Burden estimates are provided for each
category.69
71. The Commission recognizes that
there will be an initial implementation
burden associated with providing the
Commission the requested data. For
example, MBR sellers and Virtual/FTR
Participants will be required to obtain
an LEI if they do not already have one.70
LEI acquisition is largely administrative
with some optional legal review. We
estimate one hour of person-time to
acquire an LEI ($42.25),71 added to the
estimated $250 cost of obtaining the LEI
itself totaling $292.25 in year one. There
is also an estimated $150 annual fee for
maintaining the LEI, plus the associated
one burden hour for an ongoing annual
cost of $192.25. The LEI information
may also be submitted in the FERC–920
(Electric Quarterly Report).
72. MBR sellers already submit most
of the requested information to the
Commission as part of their
applications, notices of change in status
and triennial updated market power
analyses. For MBR sellers, the proposed
rule enlarges the scope of information to
69 The estimated hourly cost (salary plus benefits)
provided in this section are based on the figures for
May 2015 posted by the Bureau of Labor Statistics
for the Utilities sector (available at https://
www.bls.gov/oes/current/naics2_22.htm) and
updated March 2016 for benefits information (at
https://www.bls.gov/news.release/ecec.nr0.htm). The
hourly estimates for salary plus benefits are: Legal
(code 23–0000)—$128.94; Computer and
mathematical (code 15–0000)—$60.54; Information
systems manager (code 11–3021)—$91.63; IT
security analyst (code 15–1122)—$58.00; Auditing
and accounting (code 13–2011)—$53.78;
Information and record clerk (referred to as
administrative work in the body) (code 43–4199)—
$37.69.
70 While some other regulators already require
that certain entities obtain an LEI, for the purposes
of these estimates, we assume that no MBR seller
or Virtual/FTR Participant already has an LEI.
71 Using the average hourly cost of salary plus
benefits provided above, the following weights were
applied to estimate the average hourly cost of
$42.25: ninety-five percent information and record
clerk, five percent legal.
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be collected while also reducing
requirements for some existing
collections. In year one, we estimate
that the average MBR seller will spend
forty to one-hundred hours collecting
and providing this additional
information, with an ongoing burden in
subsequent years of thirteen hours.
73. Under the proposed rule, Virtual/
FTR Participants will be required to
submit a subset of the information MBR
sellers are required to submit. Because
exclusively Virtual/FTR Participants
tend to be smaller than MBR sellers and
because the information collected is not
as extensive, we estimate that Virtual/
FTR Participants, on average, will spend
twenty hours collecting and providing
this information in year one, with an
ongoing burden in subsequent years of
eight hours.
74. Some of the ongoing, incremental
costs will be incurred by MBR sellers
and Virtual/FTR Participants when they
are required to submit information
about certain changes within thirty days
of the change. Based on the current
average of change in status filings
submitted by MBR sellers each year, we
estimate that ten percent of affected
entities will submit changes on an
annual basis.
75. All MBR sellers will incur the cost
associated with submitting quarterly
updates to information previously
submitted into the relational database to
the extent such changes did not trigger
a change in status or change in
connection submission. We estimate
that during a given year, approximately
half of the 2,100 MBR sellers will be
required to submit the quarterly report.
The following table summarizes the
estimated burden and cost changes due
to the proposed rule: 72
72 Note that the Commission is also proposing
decreases in certain requirements (such as
providing organizational charts and a reduction in
the scope of ownership information). Any
associated burden decreases are not included in the
table at this time because the Commission is
seeking comment on these changes. However, the
EQR changes we are currently seeking comment on
are included in the table.
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76. The table above contains estimates
of the number of MBR sellers and
Virtual/FTR Participants. We estimate
that there are 2,100 MBR sellers based
on the number of MBR filings; of those
approximately half are Category 1 in all
regions and half are Category 2 in one
or more regions. We estimate 2,000
Virtual/FTR Participants using data
submitted by the RTO/ISOs in
accordance with Order No. 760.
Titles: Refinements to Policies and
Procedures for Market-Based Rates for
Wholesale Sales of Electric Energy,
Capacity and Ancillary Services by
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Public Utilities; and Requirements for
Sellers and Virtual/FTR Participants for
Analytics and Surveillance Purposes
(FERC–919), and Electric Quarterly
Report (FERC–920).
Action: Proposed revisions to existing
information collections.
OMB Control Nos.: 1902–0234 (FERC–
919) and 1902–0255 (FERC–920).
Respondents for This Rulemaking:
MBR sellers and Virtual/FTR
Participants.
Frequency of Information: Initial
implementation, compliance filing, and
periodic updates (annually and
quarterly).
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77. Necessity of Information: The
Commission’s data collection
requirements and processes must keep
pace with market developments and
technological advancements. Collecting
and formatting data as discussed in this
NOPR will provide the Commission
with the necessary information to
identify and address potential
manipulative behavior, better inform
Commission policies and regulations,
and generate asset appendices and
organizational charts, all while
eliminating duplicative reporting
requirements. The new process will also
make the information more usable and
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accessible to the Commission and its
staff in the least burdensome manner
possible.
78. Internal Review: The Commission
has made a preliminary determination
that the proposed revisions are
necessary in light of technological
advances in data collection processes.
The Commission has assured itself, by
means of its internal review, that there
is specific, objective support for the
burden estimate associated with the
information requirements.
79. Interested persons may obtain
information on the reporting
requirements by contacting the Federal
Energy Regulatory Commission, Office
of the Executive Director, 888 First
Street NE., Washington, DC 20426
[Attention: Ellen Brown, email:
DataClearance@ferc.gov, phone: (202)
502–8663, fax: (202) 273–0873].
80. Comments concerning the
information collections proposed in this
NOPR, and the associated burden
estimates, should be sent to the
Commission in this docket and may also
be sent to the Office of Management and
Budget, Office of Information and
Regulatory Affairs, Washington, DC
20503 [Attention: Desk Officer for the
Federal Energy Regulatory
Commission]. For security reasons,
comments should be sent by email to
OMB at the following email address:
oira_submission@omb.eop.gov. Please
reference FERC–919 and FERC–920 and
OMB Control Nos. 1902–0234 (FERC–
919) and 1902–0255 (FERC–920) in your
submission.
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IV. Environmental Analysis
81. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.73 The Commission has
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.74 The actions proposed
here fall within a categorical exclusion
in the Commission’s regulations, i.e.,
they involve information gathering,
analysis, and dissemination.75
Therefore, environmental analysis is
unnecessary and has not been
performed.
73 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47897 (Dec. 17, 1987), FERC Stats. & Regs.
Regulations Preambles 1986–1990 ¶ 30,783 (1987).
74 Order No. 486, FERC Stats & Regs. ¶ 30,783.
75 18 CFR 380.4 (2015).
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V. Regulatory Flexibility Act
82. The Regulatory Flexibility Act of
1980 (RFA) 76 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. The RFA
mandates consideration of regulatory
alternatives that accomplish the stated
objectives of a rule so as to minimize
any significant economic impact on a
substantial number of small entities.
The Small Business Administration’s
(SBA) Office of Size Standards develops
the numerical definition of a small
business.77 The SBA revised its size
standard for electric utilities (effective
January 22, 2014) to a standard based on
the number of employees, including
affiliates (from a standard based on
megawatt hours).78 Under SBA’s current
size standards, MBR sellers likely come
under one of the following categories
and associated size thresholds: 79
• Hydroelectric power generation, at
500 employees
• Fossil fuel electric power
generation, at 750 employees
• Nuclear electric power generation,
at 750 employees
• Other electric power generation
(e.g., solar, wind, geothermal, biomass,
and other), at 250 employees
• Electric bulk power transmission
and control, at 500 employees
• Electric power distribution, at 1,000
employees
• Wholesale Trade Agents and
Brokers,80 at 100 employees
83. Based on available data, the
percentage of small firms affected by the
NOPR is estimated to be at least 78
percent.81 We recognize that the rule
will impact small electric utilities,
electric power distribution, electric bulk
power transmission and control, and
power marketers and estimate the
economic impact below. The economic
impact of this proposed rule is directly
related to the size and complexity of the
organization, that is, the more entities to
which a company is related, the more
generation assets it owns or controls, the
more traders it employs, and the more
market activities in which it
participates, the more information must
be reported. Therefore, it is reasonable
to assume that the cost of complying for
76 5
U.S.C. 601–612.
CFR 121.101.
78 SBA Final Rule on ‘‘Small Business Size
Standards: Utilities,’’ 78 FR 77343 (Dec. 23, 2013).
79 13 CFR 121.201, Sector 22, Utilities.
80 The NAICS category 425120 (Wholesale
Electronic Markets and Agents and Brokers, within
Subsector 425) covers Power Marketers.
81 For the analysis in this NOPR, we are using a
conservative number of 1000 employee threshold to
conduct a comprehensive analysis.
77 13
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51739
small entities will be significantly less
than the cost for large ones, and the
amount of information that a small
entity will be required to collect,
maintain, and transmit is likely to be
small.
84. We estimate the cost in year one
(including burden hours, plus cost of
acquiring the LEI) for small companies
to be $1,273–$6,644. The annual cost
starting in Year 2 (including burden
hours, plus cost of maintaining the LEI)
is estimated to be $488–$826. According
to SBA guidance, the determination of
significance of impact ‘‘should be seen
as relative to the size of the business,
the size of the competitor’s business,
and the impact the regulation has on
larger competitors.’’ 82 Based on the
above analysis, the reporting
requirements proposed in this NOPR
should not have a significant economic
impact on a substantial number of small
entities.
VI. Comment Procedures
85. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due September 19, 2016.
Comments must refer to Docket No.
RM16–17–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
86. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
87. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
88. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
82 U.S. Small Business Administration, A Guide
for Government Agencies How to Comply with the
Regulatory Flexibility Act, May 2012, https://
www.sba.gov/sites/default/files/advocacy/rfaguide_
0512_0.pdf, p. 18.
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VII. Document Availability
89. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington DC 20426.
90. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
91. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 35
Electric power rates, Electric utilities,
Reporting and recordkeeping
requirements.
By direction of the Commission.
Dated: July 21, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
§ 35.42 Change in status reporting
requirement.
In consideration of the foregoing, the
Commission proposes to amend part 35
chapter I, title 18, Code of Federal
Regulations, as follows.
PART 35—FILING OF RATE
SCHEDULES AND TARIFFS
1. The authority citation for part 35
continues to read as follows:
■
Authority: 16 U.S.C. 791a–825r; 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
2. Amend § 35.37 by revising
paragraph (a)(2) and (c)(4)to read as
follows:
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■
§ 35.37
Market power analysis required.
(a) * * *
(2) When submitting a market power
analysis, whether as part of an initial
application or an update, a Seller must
include a description of its ownership
structure that identifies all ultimate
affiliate owner(s), i.e., the furthest
upstream affiliate(s) in the ownership
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chain. A Seller must also identify all
affiliate owners that have a franchised
service area or market-based rate
authority, and all affiliate owners that
directly own or control: generation;
transmission; intrastate natural gas
transportation, storage or distribution
facilities; physical coal supply sources
or ownership of or control over who
may access transportation of coal
supplies. The term ‘‘affiliate owner’’
means any owner of the Seller that is an
affiliate of the Seller as defined in
§ 35.36(a)(9). The Seller must also
provide a list of assets, certain specified
information regarding affiliate owners,
and other required market-based rate
information in an XML schema for input
into a relational database prepared in
conformance with the instructions
posted on the Commission’s Web site.
*
*
*
*
*
(c) * * *
(4) A Seller must provide its
horizontal market power screens in an
XML schema for input into the
relational database, prepared in
conformance with the instructions
posted on the Commission’s Web site.
*
*
*
*
*
■ 3. Amend § 35.42 by:
■ a. Revising paragraphs (a)(2)(iii) and
(iv).
■ b. Adding (a)(2)(v).
■ d. Revising paragraph (c).
■ e. Adding paragraph (d).
The revisions and additions read as
follows:
(a) * * *
(2) * * *
(iii) Owns, operates or controls
transmission facilities;
(iv) Has a franchised service area; or
(v) Is an ultimate affiliate owner,
defined as the furthest upstream
affiliate(s) in the ownership chain.
*
*
*
*
*
(c) Changes in status must be
prepared in conformance with the
instructions posted on the
Commission’s Web site.
(d) A Seller must report on a quarterly
basis any changes to its previouslysubmitted relational database
information. These submissions will be
made for each of the four calendar
quarters of each year, in accordance
with the following schedule: for the
period from January 1 through March
31, submit by April 30; for the period
from April 1 through June 30, submit by
July 31; for the period July 1 through
September 30, submit by October 31;
and for the period October 1 through
December 31, submit by January 31. The
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submission must be prepared in
conformance with the instructions
posted on the Commission’s Web site.
Appendix A to Subpart H of Part 35
[Removed]
4. Remove Appendix A to Subpart H
of Part 35.
■
Appendix B to Subpart H of Part 35
[Removed]
5. Remove Appendix B to Subpart H
of Part 35.
■ 6. Add subpart K to read as follows:
■
Subpart K—Data Collection
Requirements for Sellers and
Participants in Organized Wholesale
Electric Markets
Sec.
35.48 Applicability.
35.49 Definitions.
35.50 Requirements for Virtual/FTR
Participant.
35.51 Requirements for new Sellers.
§ 35.48
Applicability.
This subpart establishes the
requirements for Sellers and Virtual/
FTR Participants for the purpose of
providing information to the
Commission to conduct surveillance
and analysis of the wholesale electric
markets.
§ 35.49
Definitions.
As used in this subpart:
(a) Virtual/FTR Participant means an
entity that buys, sells, or bids for virtual
instruments or financial transmission or
congestion rights or contracts, or holds
such rights or contracts in organized
wholesale electric markets, not
including entities defined in section
201(f) of the Federal Power Act.
(b) Seller refers to a Seller as defined
in § 35.36(a)(1).
(c) Organized wholesale electric
market includes an independent system
operator and a regional transmission
organization as those terms are defined
in § 35.46.
(d) Connected Entity is defined as
follows:
(1) Ownership. An entity that is an
affiliate of a Seller or Virtual/FTR
Participant pursuant to § 35.36(a)(9),
and meets one or more of the following
criteria:
(i) Is an ultimate affiliate owner of the
Seller or Virtual/FTR Participant, as
defined in § 35.37(a)(2);
(ii) Participates in organized
wholesale electric markets; or
(iii) Purchases or sells financial
natural gas or electric energy derivative
products that settle off the price of
physical electric or natural gas energy
products.
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(2) Traders. Traders employed or
engaged by the Seller or Virtual/FTR
Participant. Trader means a person who
makes, or participates in, decisions and/
or devises strategies for buying or
selling physical or financial
Commission-jurisdictional electric
products or physical natural gas.
(3) Contracts. An entity that has
entered into an agreement with a Seller
or Virtual/FTR Participant that confers
control over an electric generation asset
that is used in, or offered into,
wholesale electric markets. Agreements
that confer control are those that grant
one of the parties the right to make
trading decisions for an electric
generation asset of another party or to
offer an electric generation asset into the
wholesale electric markets.
(e) Change in connection occurs
when:
(1) An entity becomes a Connected
Entity of a Seller or Virtual/FTR
Participant as defined in § 35.49(d); or
(2) An entity ceases to be a Connected
Entity of a Seller or Virtual/FTR
Participant as defined in § 35.49(d).
With regard to the Contracts category of
Connected Entity relationships as
described in § 35.49(d)(3), a change in
connection occurs when a Seller or
Virtual/FTR Participant enters into,
terminates, or amends an agreement that
results in the parties conferring control
of 100 MW or more of the output of an
electric generation asset.
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§ 35.50 Requirements for Virtual/FTR
Participant
(a) Reporting requirement. Virtual/
FTR Participant shall acquire a Legal
Entity Identifier designation, obtainable
through the Global LEI System, and
identify their Connected Entities to the
Commission through the submission of
an XML schema for input into a
relational database, consistent with the
instructions posted on the
Commission’s Web site.
(b) Initial connected entity
submission. Virtual/FTR Participants
that do not have market-based rate
authority shall make an initial
submission, defined herein as an initial
connected entity submission, within 30
days of commencing participation in an
organized wholesale electric market.
The initial connected entity submission
shall contain the Virtual/FTR
Participant’s ownership information, as
defined in § 35.49(d)(1); trader
information, as defined in § 35.49(d)(2);
contract information, as defined in
§ 35.49(d)(3); and Legal Entity Identifier
designation, obtainable through the
Global LEI System.
(c) Ongoing reporting requirement.
Virtual/FTR Participants shall make
submissions updating their information
within 30 days of a change of
connection, as defined in § 35.49(e).
(d) Communications. Consistent with
the requirements imposed on Sellers in
§ 35.41(b), Virtual/FTR Participants
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51741
must provide accurate and factual
information and not submit false or
misleading information, or omit
material information, in any
communication with the Commission,
Commission-approved market monitors,
Commission-approved regional
transmission organizations,
Commission-approved independent
system operators, or jurisdictional
transmission providers, unless the
Virtual/FTR Participant exercises due
diligence to prevent such occurrences.
§ 35.51
Requirements for new Sellers.
Reporting requirement. Within 30
days of the order granting initial marketbased rate authority, Sellers shall
provide, through the submission of an
XML schema for input into a relational
database consistent with the
instructions posted on the
Commission’s Web site: Ownership
information, as defined in § 35.49(d)(1);
trader information, as defined in
§ 35.49(d)(2); and contract information,
as defined in § 35.49(d)(3). Thereafter,
Sellers shall make filings updating their
information within 30 days of a change
of connection, as defined in § 35.49(e).
BILLING CODE 6717–01–P
Note: The following attachments A through
D will not appear in the Code of Federal
Regulations.
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OWNERSHIP NOPR AND EXISTING MBR REQUIREMENTS
Scope/Filers
Format
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Information
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MER Asset
Tnfonnation
MBR Change in
Status filing
04AUP3
83
83
All MBR sellers.
Initial MBR applications. triennial updates. and changes in status
filings are submitted through eFiling or eTariff. Information submitted
in text (e.g .. Word or .pcU) fonnat or electronic spreadsheet.
Ownership information provided in texi format and in corporate
organizational chart: assets of seller and affiliates provided in
electronic spreadsheet fom1at and sometimes in texi fonnat: and
indicative screens provided in electronic spreadsheet format.
Ownership NOPR proposed that an MBR seller be required to provide
a narrative identifying ultimate affiliate owner(s), i.e., the furthest
upstream affiliate(s) in the ownership chain and all affiliate owners that
have a franchised service area or market-based rate authority or that
directly own or control: generation; transmission; intrastate natural gas
transportation, storage or distribution facilities; physical coal supply
sources or ownership of or control over who may access transportation
of coal supplies. The tem1 "affiliate owner" means any owner of the
MER seller that is an affiliate of the MER seller as defined in 18 CFR
§ 35.36(a)(9).
MER sellers required to submit asset appendices including assets
owned by themselves and their affiliates in electronic spreadsheet
fonnat.
Ownership NOPR proposed to require a notice of change in stat11s
when MBR seller becomes affiliated with a new ultimate affiliate
owner, defined as the furthest upstream affiliate(s) in the ownership
chain to § 35.42(v).
CURRENTNOPRPROPOSAL
All MBR sellers
MBR sellers would be required to submit relevant filings through a separate
filing portal into a relational database. Filings would contain data in XM:L
format and attaclnnents in text (e.g., Word and .pcU) and electronic spreadsheet
format. MBR sellers will submit certain MBR Information including ownership,
asset and indicative screen information required pursuant to 18 CFR § 35.37 to
the Commission through the submission of an XML file for input into a
relational database, consistent with the Commission's instmctions posted on the
FERC website.
Retains Ownership NOPR proposal regarding the substance of the ownership
information to be provided. Would be submitted in narrative (i e., texi) format
and XM:L format for the relational database.
MER sellers would submit infom1ation (including unit-specific information and
long-term fim1 power purchases and sales) about assets they and their non-MER
seller affiliates own to the relational database in XML fom1at.
Includes Ownership NOPR proposal to require that new ultimate affiliate owners
be reported as a change in status.
The term "MBR seller" includes both sellers with market-based rate authority and those filing applications for market-based rate
authority.
EP04AU16.008</GPH>
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Attachment A
Comparison of Ownership NOPR and Existing MBR Requirements with the Current NOPR Proposal
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Sfmt 4725
MER Format of
Indicative Screens
OWNERSHIP NOPR AND EXISTING MBR REQUIREMENTS
None
E:\FR\FM\04AUP3.SGM
Order No. 816 requires that MBR sellers submit corporate
organizational chart. The Commission has granted an extension of
time for MER sellers to comply with this requirement.
Order No. 816 requires that MBR sellers submit indicative screens
(pivotal supplier and market share screens) in a workable electronic
spreadsheet format.
CURRENTNOPRPROPOSAL
MER sellers would be required to acquire an LEI and report it to the
Commission.
Proposes to eliminate the requirement that MER sellers submit corporate
organizational charts.
MER sellers would submit indicative screen information to the relational
database using XML.
04AUP3
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Legal Entity
Identifiers (LEI)
MER Corporate
Organizational Chart
51743
EP04AU16.009</GPH>
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E:\FR\FM\04AUP3.SGM
CONNECTED ENTITY NOPR PROPOSAL
All RTO/ISO market participants.
CURRENTNOPRPROPOSAL
All MBR sellers and Virtual/FTR Participants
Fonnat
All RTO/ISO market participants would report their Connected
Entities to the RTOs/ISOs in which they participate.
Connected Entity
Definition:
Ownership/Control
Proposed a broad definition which included:
• Passive owners
• Holders of non-voting stock, and
• Limited partners
Connected Entity
Definition:
Employees
Proposed to require reporting of:
• Chief executive officer;
• Chief financial officer;
• Chief compliance officer: and
• Traders of a market participant.
Proposed to require reporting of certain debt interests and
structured transactions.
MBR sellers and Virtual!FTR Participants would be required to report their
Connected Entities to the Connnission through the submission of an XML
file for input into a relational database, consistent with the Connnission' s
instructions posted on the FERC website.
Proposes a more narrow definition which essentially tracks MBR affiliate
definition and does not propose to include:
• Passive owners
• Holders of non-voting stock, or
• Limited partners
Proposes reporting of Tmders of MBR sellers or Virtual/FTR Participants
only.
Scope/Filers
Connected Entity
Definition:
Debt interests
Connected Entity
Definition:
Contracts
No similar provision included. The debt category has been eliminated in this
proposal.
Limits proposed reporting to only entities that have entered into an agreement
with an MBR seller or Virtual/FTR Participant that confers control over an
electric generation asset that is used in or offered into wholesale electric
markets.
Cmmecled Entity Change
in Co1mection Reporting
Markel participants would be required to update their RTO/ISO
Cmmecled Entity submissions within 15 days.
MBR sellers and Virlual/FTR Participants would be required to update their
Cmmecled Entity Information wiUrin 30 days of a Change in Cmmection.
Certification
Participation in the RTO/ISO markets would be conditioned on
No certification requirement proposed.
04AUP3
Proposed reporting of entities that have entered into certain
agreements with the market participant such as:
• tolling agreements,
• energy management agreements,
• asset management agreements,
• fuel management agreements,
• operating management agreements. and
• energy marketing agreements .
EP04AU16.010</GPH>
An alternate proposal is to have MBR sellers submit their LEis with their
quarterly EQR submissions.
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Attachment B
Comparison of Connected Entity NOPR Proposal and Current NOPR Proposal
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CURRENTNOPRPROPOSAL
Sfmt 4725
MBR sellers and Virtuai/FTR Participants each would be required to acquire
an LET and report it to the Commission.
E:\FR\FM\04AUP3.SGM
04AUP3
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Legal Entity Identifiers
(LET)
CONNECTED ENTITY NOPR PROPOSAL
each market participant certifying, on a yearly basis, that its
C01mected Entities filed data is comprehensive and accurate.
Each reporting market participant would be required to acquire an
LET and report it to the RTOs!TSOs in which they participate.
51745
EP04AU16.011</GPH>
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Baseline
Filing/Initial
Connected
Entity
Submission
Frm 00022
Existing sellers
as defined in
§35.36 file
within 90 days
after the
effective date of
the final rule
Fmt 4701
Sfmt 4725
E:\FR\FM\04AUP3.SGM
04AUP3
Chan~?;ein
EP04AU16.012</GPH>
MBRSELLERS
Contents
Timeline
Sellers file notice
Connected Entity ownership
information, as defined in
§35 49(d)(l),
2) MER information as set forth
in the data dictionary (e.g.,
category status, mitigation,
authorized markets, etc.), and
3) MER Ownership Information
regarding (a) ultimate
affiliate owners and (b)
affiliate owncr(s) that have a
franchised service area or
MER authority or directly
own or control generation,
transmission, intrastate
natural gas transportation,
storage or distribution
facilities, physical coal
supply sources or ownership
of or control over who may
access transportation of coal
supplies.
4) Trader information, as
defined in §35.49(d)(2),
5) Contract information, as
defined in §35.49(d)(3),
G) Legal Entity Identifier
designations, and
7) Asset Appendix Information
as set forth in the data
dictionary.
Narrative description of the
1)
Commission
Response
None
Timeline
VIRTUAL/FTR PARTICIPANTS
Contents
Existing Virtual/FTR
Participants file an Initial
Co1mected Entity
Submission within 90
days of publication of the
final mle in the Federal
Register
New Virtuai/FTR
Participants file an Initial
Connected Entity
Submission within 30
days of commencing
participation in the
organized wholesale
electric markets
Commission (or
Virtual/FTR Participants
1)
2)
3)
4)
Connected Entity
ownership
information, as
defined in
§35.49(d)(l),
Trader infonnation,
as defined in
§35.49(d)(2)
Contract
information, as
defined in
§35.49(d)(3), and
Legal Entity
Identifier
designations
Provide updates only to
Commission
Response
None. Commission
staff verifies that aII
required information
was submitted.
None
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Attachment C
Proposed Submission Processes for MBR Sellers and Virtual/FTR Participants
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Initial
Application
forMBR
of change in
status within 30
days of a change
in status as
defined in
§35.42 and
update
Connected Entity
Information
within 30 days of
a change in
connection as
defined in
§ 35.49(e)
MER sellers file
forMER
authority prior to
selling energy.
capacity and
ancillary services
Sfmt 4725
E:\FR\FM\04AUP3.SGM
04AUP3
NewMBR
Seller
Reporting
Requirement
New sellers file
within 30 days
after the grant of
MER authority.
MBRSELLERS
change and a relational database
update when U1e change in status
affects infonnation subnritted to
the relational database. For
Co1mected Entity Information.
updates to relational database
only for infonnation that has
changed.
A package of infonnation that
includes:
I) MER Information per
§35.37, MER Ownership
lnfonnation, Legal
Entity Identifier
designation. Asset
Infonnation, and
Indicative Screen
infonnation in XML
format and as set forth in
the data dictionary,
2) Transmitta I Letter and
narrative (uploaded as an
attaclunent)
3) Indicative Screen work
papers and alternative
evidence, if any
(uploaded as an
attachment)
4) Tariff sheets in XML
format
1) Connected Entity ownership
information, as defined in
§35.49(d),
delegated) order
accepting or rejecting
notice of change in
status.
No action on Change
in Connection
VIRTUAL/FTR PARTICIPANTS
file updates to their
information that has
information within 30
changed.
days of a Change in
Connection. as defined in
§ 35.49(e).
Connnission order
accepting or rejecting
application.
Not Applicable
None. Comnrission
staff verifies that all
required infom1ation
was subnritted.
Not Applicable
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Connection
and Change
in Status
Filings
51747
EP04AU16.013</GPH>
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VIRTUAL/FTR PARTICIPANTS
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Frm 00024
:MER sellers that
are Category 2 as
defined in
§35.1o, every 3
years, according
to regional
schedule in
Appendix C to
Order No. 816 or
on Commission
website
Quarterly
Report
:MER seller files
at the end of
each quarter
Fmt 4701
Updated
Market Powet·
Analysis
Triennial
Filing
Sfmt 4725
E:\FR\FM\04AUP3.SGM
04AUP3
On a quarterly basis. :MER sellers
report any changes to previouslysubmitted infonnation that did not
trigger a change in status or
change in c01mection filing and
update the relational database to
reflect any such changes.
Commission (or
delegated) order
accepting or rejecting
submission.
Not Applicable
None
Not Applicable
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
EP04AU16.014</GPH>
MBRSELLERS
:MER infom1ation as set forth
in the data dictionary (e.g.,
category status, mitigation,
authorized markets if selflimited, etc.),
3) Trader information, as
defined in ~35.49(d)(2) and
4) Contmct infonnation. as
defined in §35.49(d)(3)
A package of infonnation that
includes:
1) :MER Information per
§35.37 and as set forth in
the data dictionary, :MER
Ownership Information,
Asset Information, and
Indicative Screen
information in XML
format
2) Transmittal Letter and
narrative (uploaded as an
attachment)
3) Indicative Screen work
papers and altemati ve
evidence. if any
(uploaded as an
attaclnnent)
2)
Filing
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Overview of Tables
Table Type
Table Name
Table Description
Filing metadata including links to attached documents (e.g. transmittal letters)
Natural Person
Traders as defined in the proposed in proposed section 35.49 (d)(2] and natural person affiliates as defined in section 35.36(a)(9]
~
Entities
defined in proposed section 35.49)
.,
,.
Generation Assets
Generation asset information (generator details from Asset Appendix)
MBR Information (multiple small tables]
Information on entities with MBR Authorization
Long Term PPAs
Long term PPAs as required by MBR regulations
Contracts
Reportable contracts (as defined by the proposed section 35.49(d](3]
Indicative Screen PSS
Pivotal supplier indicative screen
Indicative Screen MSS
Frm 00025
Filing information
Market share indicative screen
Legal entities required to report (MBR sellers and Vi rtuai/FTR Participants] or be reported (affiliates as defined in section 35.36(a](9] or Connected Entites as
.,
::.
Fmt 4701
iii
~
Sfmt 4725
Entities to Entities
Reportable ownership or control relationships (as defined by the proposed rule or existing regulation]
Natural Person Affiliates to Entities
Reportable ownership or control relationships where an owner or controller is a natural person (as defined by the proposed rule or existing regulation)
E:\FR\FM\04AUP3.SGM
Entities to Generation Assets
~
~
"
""
.,
,.
iii
~
Reportable ownership or control relationships between entities and generation assets (as defined by the proposed rule or existing regulation)
Seller Entities to Vertical Assets
Reportable ownership or control relationships between seller entities and transmission or inputs to electric power production (may be multiple tables)
Entities to RT0/150 Accounts
Mapping of entities to RT0/150 identifiers for all filing entities and their connected entities (non-traders)
Traders to RTO/ISO Accounts
Mapping of traders to RTO/ISO identifiers
0
-·
3
-·IT>
Traders to entities mapping
Entities to CID
rl
Mapping of entities to NAESB/OATI Purchaser Seller Entity identifiers
Traders to Entities
zc
Entities to NAESB/OATI Purchaser Seller Entity ID
Cl Ds associated with a given entity
BAAs
List of BAAs with N ERC identifiers (also codes for non- N ERC areas such as submarkets)
Regions
List of FERC regions with FERC region identifiers
04AUP3
" o·
a"
BAAs to Regions
A mapping of BAAs to regions including dates to capture changes
RTO and ISO Names
Standard RTO and ISO names
::r.,
IT> "
a.-<
EIA-860 Views
Tables necessary to cross-validate EIA generator information
IT>
LEI Registry
Current LEI data tables
CIDs
List of valid, current Cl Ds
!2.
~
-
IT>
~
!!
IT>
~
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Attachment D
Draft Data Dictionary for FERC Website
51749
EP04AU16.015</GPH>
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51750
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Description
Field Definition
Filing ID
Unique filing ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing date
Date filing was submitted
Date
Not null
Filer LEI
Multiple entries allowed
Character {20}, Foreign Key
Must match Legal Entity Identifier in the LEI registry
Docket No. of fi Ii ng
Docket No. assigned to current filing (if applicable)
Character
Must match docket
LEI of the entity for whom the filing is being made;
Frm 00026
0- Baseline (new filing)
1- Change in status (update to ownership or asset
appendix information that meets CIS requirements)
2- Update to MBR information (succession or tariff
Fmt 4701
revision)
3- Triennial updated market power analysis
4- Quarterly compliance filing w/non-substantive
Sfmt 4725
changes (does not need to be noticed and acted on)
S-lnitial Connected Entity Submission
Reason for filing
Indicator for why filing is being made
E:\FR\FM\04AUP3.SGM
04AUP3
Character
6- Change in Connection Submission
Integer
Nullable. If exists should match Filing ID.
Integer
Record I D.
Integer
ID.
Character
Same as existing eTa riff doc type.
Unique filing ID of associated filing. Used to
incorporate all information in associated filing by
Concur to filing
reference (if applicaple).
Unique Market Share Screen Record ID of screen(s) to
incorporate by reference (if applicaple); Multiple
Concur to MSS
entries allowed
Nullable. If exists should match Market Share Screen
Unique Pivotal Supplier Record ID of screen(s) to
incorporate by reference (if applicaple); Multiple
Concur to PSS
entries allowed
Transmittal letter document (if applicable); same as
Transmittal Letter/Petition existing eTa riff doc type.
EP04AU16.016</GPH>
Validations
Nullable. If exists should match Pivotal Supplier Record
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Filing Information
Column
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Description
Field Definition
Validations
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique fi I ing I D generated by the database
Integer, Foreign Key
Foreign Key
Must match previous filings unless
Frm 00027
First name
First name
Character
changes have occurred
Middle Initial
Middle initial
Character
changes have occurred
Must match previous filings unless
Fmt 4701
Must match previous filings unless
Sfmt 4725
Last name
Last name
Character
Trader Flag
Indicates person is trader
Binary
Natural Person Affiliate Flag
Indicates person is natural person affiliate
Contact information for natural person
Binary
affiliates (may be multiple fields)
Character
Contact Information
changes have occurred
Must match previous filings unless
changes have occurred
E:\FR\FM\04AUP3.SGM
Entity Information
04AUP3
Column
Description
Field Definition
Record ID
Unique record IDgeneroted by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing IDgenerated by the database
Integer, Foreign Key
Foreign Key
Entity ID
Public, FERC generated ID for affiliate owners with no CID or LEI
Character, Foreign Key
Check against existing Owner IDS
Not null, must match previous filings, must match name as
Entity Name
Entity name
Business Card Information For entities without an LEI, we will collect the address of the headquarters
Character
registered in the formation jurisdiction
Should be consistent between filings unless changes have
for entities without an LEI
Multiple fields
occurred
of the legal entity and the address of legal formation.
Validations
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Natural Persons (Affiliates and Traders)
Column
51751
EP04AU16.017</GPH>
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51752
VerDate Sep<11>2014
Jkt 238001
Column
Description
Field Definition
Record I D
Unique record I D generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Plant Name
Full EIA-860 Plant Name assigned to the Plant in the EIA-860 Report
Character
Must match Plant Name found in EIA-860
EIA Plant Code
"Plant Code" assigned to the plant as found in EIA-860 reports
Character, Composite Foreign Key
Must match "Plant Code" found in EIA-860
EIA Gen ID
"Generator ID" assigned to the specific generator as found in EIA-860 reports
Character, Composite Foreign Key
Must match "Generator ID" found in EIA-860
Validations
"Unit Code" assigned to multiple generators found in EIA-860 reports (if
PO 00000
Frm 00028
EIA Unit Code
applicable)
Character, Composite Foreign Key
Must match "Unit Code" found in EIA-860 (if appropriate)
In-Service Date
The date the unit first came into service
Date
None
Capacity Rating: Nameplate (MW)
reflect the generator's capacity
Number
None
Capacity Rating: Adjusted
Result of Capacity Rating Methodology Defined in P 266 of FERC Order No. 816 Number
As defined in FERC Order Nos. 816/816-A and example on FERC.gov; should
None
(S)easonal
5-yr (U)nit
Fmt 4701
Adjusted Capacity Rating Options
Which Capacity Rating Methodology Defined in P 266 of FERC Order No. 816
was used to find the value inputted into "Capacity Rating: Adjusted" field
Methodology Used for Alternate:
816 at P 106, if an "(A) lternative" method was used
5-yr (E) lA
Sfmt 4725
E:\FR\FM\04AUP3.SGM
Character
(A)Iternative
Character
None
Character, Foreign Key
will be maintained on FERC.gov
Character, Foreign Key
codes that will be maintained on FERC.gov
Character, Foreign Key
will be maintained on FERC.gov
Narrative description of capacity rating option as discussed in FERC Order No.
Identifier for the market/balancing authority area where the generator is
Must match a code on the list of market/BAA codes that
physically located; one of the six RTO/ISOs or their designated submarkets or
Location: Market/Balancing Authority Area
a NERC-defined Balancing Authority Area name; Multiple entries allowed
Location: Geographic Region
located; one of the six FERC defined regions; Multiple entries allowed
Identifier for the market/balancing authority area that is the destination
Identifier for the MBR designated region where the generator is physically
Must match a code on the list of MBR designated region
(sink) market/balancing authority area of remote generation or where a
generator is pseudo-tied or committed with long term transmission rights
(i.e. where this generation should be studied in an MBR filing); One of the six
Telemetered Location: Market/Balancing
RTO/ISOs or their designated sub markets or a N ERC-defined Balancing
Authority Area
Authority Area name; Multiple entries allowed
Must match a code on the list of market/BAA codes that
04AUP3
Identifier for the MBR designated region that is the destination (sink) region
of remote generation or where a generator is pseudo-tied or committed with
long term transmission rights (i.e. where this generation should be studied in
Must match a code on the list of MBR designated codes
Telemetered Location: Geographic Region
an MBR filing); One of the six FERC defined regions; Multiple entries allowed
Character, Foreign Key
that will be maintained on FERC.gov
Explanatory notes and clarifications
Optional narrative description
Character
None
Privileged (M)
Publication Flag
Indicates the row information can/will be made public
Character
CEll (X)
Public (P)
EP04AU16.018</GPH>
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
•Generation Assets
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MBR Authorization Information
PO 00000
Column
Description
Field Definition
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Legal Entity Identifier from entities table of entity making filing.
Character {20), Foreign Key
Filer LEI
authorization
Must match LEI registry
ERXX-XXX-XXX, or
Docket number of order first granting the entity market-based rate
Docket Granting MBR Authority
Validations
Frm 00029
Character
XXXFERCXX,XXXX(XXXX), not null
Date
Not null
Date
XXXFERCXX,XXXX(XXXX), not null
effective date.
Date
None
Column
Description
Field Definition
Validations
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Filer LEI
Legal Entity Identifier from entities table of entity making filing.
Character {20), Foreign Key
Must match LEI registry
Region
Region identifier
Character, Foreign Key
Date that entity's market-based rate tariff became effective. If
Date Approval Was First Effective
new filing, proposed effective date.
Docket number of order accepting the cance II ati on of the entity's
Docket of Cancellation
market-based rate authorization
ERXX-XXX-XXX, or
Fmt 4701
Effective date of the cancellation of the entity's market-based rate
tariff (if applicable). If this is a cancellation filing, proposed
Date cancellation was effective
Sfmt 4725
Category Status by Region
E:\FR\FM\04AUP3.SGM
Must match FERC regions
Not null
0- No Category designation
Category status in region (current regions are Northwest,
04AUP3
Category Status in Region
Southwest, Southeast, Northeast, Central, and SPP)
1- Category 1
Integer
2- Category 2
Privileged (M)
Public (P)
Publication Flag
Indicates the row information can/will be made public
Character
CEll (X)
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23:47 Aug 03, 2016
MBR Information
51753
EP04AU16.019</GPH>
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51754
VerDate Sep<11>2014
Mitigations
Jkt 238001
PO 00000
Column
Description
Field Definition
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Legal Entity Identifier from entities table of entity making filing.
Character (20), Foreign Key
Must match LEI registry
Character, Foreign Key
Must match FERC regions
Filer LEI
Validations
Identifier for the NERC-defined BAA or FERC designated region,
market/sub market studied where the entity is not allowed to
Mitigation BAA
transact at market-based rates (if applicable).
Must match a code on the list of
Frm 00030
market/BAA codes that will be
Character, Foreign Key
maintained on FERC.gov
of mitigation, etc.
Character
None
Column
Description
Field Definition
Validations
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Filer LEI
Sfmt 4725
Region identifier
Narrative description of mitigation specifying BAAs, regions, type
Mitigation narrative
Fmt 4701
Mitigation Region
Legal Entity Identifier from entities table of entity making filing.
Character (20), Foreign Key
Must match LEI registry
Self-Limited MBR Authorization
E:\FR\FM\04AUP3.SGM
Must match a code on the list of
Identifier for the market/balancing authority area where the entity
market/BAA codes that will be
Character, Foreign Key
maintained on FERC.gov
Region or BAA type
Region or BAA
Character
Required
Column
Description
Field Definition
Validations
Record ID
Unique filing ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Legal Entity Identifier from entities table of entity making filing.
Market where entity is authorized to sell ancillary services
Character (20), Foreign Key
Must match LEI registry
Authorized ancillary service sales region
04AUP3
is allowed to transact at market-based rates (if applicable).
Filer LEI
EP04AU16.020</GPH>
Authorized in Region/BAA
(RT0/150 or Non-RT0/150)
Character
None
Ancillary Services Authorization
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
MBR Information (Continued)
mstockstill on DSK3G9T082PROD with PROPOSALS3
VerDate Sep<11>2014
Jkt 238001
PO 00000
Frm 00031
Operating Reserves Authorization
Fmt 4701
Sfmt 4725
Column
Description
Field Definition
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Legal Entity Identifier from entities table of entity making filing.
Character (20), Foreign Key
Must match LEI registry
Binary (Y/N)
None
Must match a code on the list of
Filer LEI
Validations
Indicates whether a entity has made an additional showing that
E:\FR\FM\04AUP3.SGM
Operating reserves showing
must be made to get MBR authorization for operating reserves
Identifier for the NERC-Defined BAA or FERC designated
Market/BAAs authorized to sell operating
submarket studied where the entity is authorized to sell operating
reserves
reserves (if applicable).
market/BAA codes that will be
Character
maintained on FERC.gov
04AUP3
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
MBR Information (Continued)
51755
EP04AU16.021</GPH>
mstockstill on DSK3G9T082PROD with PROPOSALS3
51756
VerDate Sep<11>2014
Jkt 238001
PO 00000
Description
Field Definition
Validations
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Source
Name of source
Character
Nullable
Source Type
Generator, Region, BAA, ISO
Character
Not null if source exists
Source Key
Unique identifier for source
Character, Composite Foreign Key
Not null if source exists
Sink
Unique identifier for sink
Character
Nullable
Sink Type
Generator, Region, BAA, ISO
Character
Not null if sink exists
Sink Key
Unique identifier for source
Character, Foreign Key
Not null if sink exists
Frm 00032
Not null
Purchase ( P)
Sale (S)
Fmt 4701
Sfmt 4725
Type of PPA
Identifies if the reporting entity is the buyer or seller of energy
Character
Other (0)
Reporting entity identifier
Legal Entity Identifier of reporting entity identifier
Character, Foreign Key
Not null
Counterparty identifier
Legal Entity Identifier of counterparty if exists
Character, Foreign Key
None
Buyer Name/Contact info
If LEI does not exist
Character
Should match entities tab
Multi-lateral contract identifier
on multiple rows
Character
If exists, multiple entries should exist
Signed Date
When was the contract signed
Date
Valid date, not null
Unique to filing identifier for multi-lateral contracts which are input
E:\FR\FM\04AUP3.SGM
Start Date
When does the agreement go into effect
Date
Valid date, not null
End Date
When does the agreement end
Date
Valid date, not null
Date of last change to contract
Date
Valid date
Date of last change
If the contract is for capacity, input the specified amount of MW. If it
is an energy-only contract; convert the units into MW equivalents
Amount
using the formula set forth in Order No. 816 at PP 140-144, and FN 178 Numeric
04AUP3
Alternative Attributing
explain, support, and justify the methodology as required by Order
Methodology
No. 816 at P 144
Character
None
Character
None
Privileged (M)
Character
CEll (X)
Narrative description of any unique qualities of this contract not
Contractual Details
captured elsewhere
Indicates the security level of this contract information (contract
Publication Flag
EP04AU16.022</GPH>
Not null
If using a different method to attribute capacity of a contract, please
information submitted for MBR purposes must be public)
Public (P)
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
PPAs
Column
mstockstill on DSK3G9T082PROD with PROPOSALS3
VerDate Sep<11>2014
Jkt 238001
PO 00000
Frm 00033
Fmt 4701
Description
Field Definition
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Validations
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Not null
Filer LEI
Legal Entity Identifier from entities table of entity making filing or alii liated entity
Character, Foreign Key
LEI of Counterparty
If exists
Character, Composite Foreign Key
None
Counterparty Name
If LEI does not exist
Character, Composite Foreign Key
Should match entities tab
Sfmt 4725
E:\FR\FM\04AUP3.SGM
Multi-lateral contract identifier
Unique (to filing) identifier for multi-lateral contracts which are input on multiple rows
Character, Composite Foreign Key
If exists, multiple entries should exist
Signed Date
When was the contract signed
Date
Valid date, not null
Start Date
When does the agreement go into effect
Date
Valid date, not null
End Date
When does the agreement end
Date
Valid date, not null
Date of last change
Date of last change to contract
Date
Valid date
EIA code(s) of relevant assets
EIA codes of assets relevant to contract
Indicates if the filer is controlling the asset
Character
Character
Required
Required
Control Conferred to Filer
04AUP3
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Other Contracts
Column
51757
EP04AU16.023</GPH>
mstockstill on DSK3G9T082PROD with PROPOSALS3
51758
VerDate Sep<11>2014
Jkt 238001
Description
Field Definition
Pivotal Supplier Record I D
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Validations
Primary Key (not null, unique)
Filing ID
Unique filing IDgenerated by the database
Integer, Foreign Key
Foreign Key
Filer LEI
Legal Entity Identifier from entities table of entity making filing.
Character (20), Foreign Key
Must match LEI registry
Filing I D of last change
Used to link tables. Filing identifier from filing info table (Foreign Key)
Character, Composite Foreign Key
Not null
1- New (not based on previously accepted screens)
Used to indicate whether the entity is providing a new study with the
New Study
associated submittal
0- Screens rely on screens previously accepted by the
Character, Composite Foreign Key
Commission
The 12 consecutive months from December of a calendar year to November
PO 00000
Frm 00034
Study Year
of the next calendar year
Identifier for the NERC-Defined BAA or FERC designated market or
MM/YYYY-MM/YYYY
None
Study Area
submarket studied with the associated submittal
Character, Foreign Key
Must match FERC region, market, or BAA
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Row A of the Pivotal Supplier Study Screen; Seller and Affiliate (owned,
controlled or under LT contract) Installed Capacity (inside the Study Area) in
Seller Installed Capacity Inside
MW.
Row A1 of the Pivotal Supplier Study Screen; Seller and Affiliate (owned,
controlled or under LT contract) Remote Capacity (outside the Study Area)
Fmt 4701
Seller Installed Capacity Remote
in MW.
Row B of the Pivotal Supplier Study Screen; Seller and Affiliate Long-Term
Seller LT Purchases inside
Firm Purchases (inside the Study Area) in MW.
Sfmt 4725
Row B1 of the Pivotal Supplier Study Screen; Seller and Affiliate Long-Term
Seller LT Purchases outside
Firm Purchases (outside the Study Area) in MW.
Row C of the Pivotal Supplier Study Screen; Seller and Affiliate (owned,
controlled or under LT contract) Capacity providing Long-Term Firm Sales
E:\FR\FM\04AUP3.SGM
Seller LTSales in and outside
(inside and outside the Study Area) in MW.
Row D of the Pivotal Supplier Study Screen; Seller and Affiliate (owned,
Seller Uncommitted Capacity Imports
controlled or under LT Contract) Uncommitted Capacity Imports in MW.
RowE of the Pivotal Supplier Study Screen; Non-Affiliate (owned,
controlled or under LT contract) Installed Capacity (inside the Study Area) in
Non-Affiliate Installed Capacity Inside
MW.
Row E1 of the Pivotal Supplier Study Screen; Non- Affiliate (owned,
controlled or under LT contract) Remote Capacity (outside the Study Area)
Non-Affiliate Installed Capacity Remote
in MW.
04AUP3
Row F of the Pivotal Supplier Study Screen; Non-Affiliate Long-Term Firm
Non-Affiliate LT Purchases inside
Purchases (inside the Study Area) in MW.
Row Fl of the Pivotal Supplier Study Screen; Non-Affiliate Long-Term Firm
Non-Affiliate LT Purchases outside
Purchases (outside the Study Area) in MW.
Row G of the Pivotal Supplier Study Screen; Non-Affiliate (owned,
controlled or under LT contract) Capacity providing Long-Term Firm Sales
Non-Affiliate LT Sales in and outside
(inside and outside the Study Area), in MW.
Row H of the Pivotal Supplier Study Screen; Non-Affiliate (owned,
Non-Affiliate Uncommitted Capacity Imports
EP04AU16.024</GPH>
controlled or under LTContract) Uncommitted Capacity Imports, in MW.
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Indicative Screen for Pivotal Supplier
Column
mstockstill on DSK3G9T082PROD with PROPOSALS3
VerDate Sep<11>2014
Jkt 238001
Study Area Reserve Requirement
Row I of the Pivotal Supplier Study Screen; Reserve Requirement, fort he
Study Area, in MW.
PO 00000
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Row J of the Pivotal Supplier Study Screen; Amount of Reserve
Seller Reserve Requirement
Total Uncommitted Supply
Requirement Attributable to Seller, in MW, if any.
Row K of the Pivotal Sup pi ier Study Screen; Sum of Rows A, Al, B, Bl, D, E,
El, F, F1 and H minus Rows C, G, I and M of the Pivotal Supplier Screen, in
MW.
Row Lof the Pivotal Supplier Study Screen; Annual Peak Load, for the
Frm 00035
Fmt 4701
Study Area Annual Peak Load
Study Area in MW.
Row Mof the Pivotal Supplier Study Screen; Average Daily Peak Native
Integer
Non Negative Integer
Average Daily Peak Load Month
Load in the Peak Month, for the Study Area, in MW.
Integer
Row N of the Pivotal Supplier Study Screen; Amount of Average Daily Peak
Non Negative Integer
Seller Average Peak Daily Load
Native Load in Peak Month Attributable to Seller, in MW.
Integer
Non Negative Integer
Wholesale Load
Row Oofthe Pivotal Supplier Study Screen; Wholesale Load Proxy, in MW.
Row Lminus Row M.
Integer
Row P of the Pivotal Supplier Study Screen; Row K minus Row 0 of the
Non Negative Integer
Sfmt 4725
E:\FR\FM\04AUP3.SGM
04AUP3
Net Uncommitted Supply
Pivotal Supplier Screen in MW.
Row Qofthe Pivotal Supplier Study Screen; Sum of Rows A, Al, B, Bl, and
Integer
Non Negative Integer
Seller Uncommitted Capacity
Integer
Non Negative Integer
Result
D, minus Rows C, J and N of the Pivotal Supplier Screen in MW.
Unnamed row in the Pivotal Supplier Study Screen below Row Q with text
stating"(Pass if Line Q<Line P) (Fail is Line Q> Line P)"
Character
"Pass" or "Fail"
Total Imports
Unnamed row in the Pivotal Supplier Study Screen; Total Imports, as filed
by Seller. Sum of Row Dand Row H.
Integer
Non Negative Integer
Seller Percentage SIL
Unnamed row in the Pivotal Supplier Study Screen; Seller Uncommitted
Capacity Imports (Row D) divided by SIL value.
Numeric
None
Non-Affiliate Percentage 51 L
Unnamed row in the Pivotal Supplier Study Screen; Non-Affiliate
Uncommitted Capacity Imports (Row H) divided by SIL value.
Numeric
None
Integer
Non Negative Integer
Character
11
Unnamed row in the Pivotal Supplier Study Screen; Simultaneous
Transmission Import Limit (SIL) value in MW, from Submittal! Puget Sound
Energy, Inc. 135 ~ FERC 61, 254(2011) or Commission-accepted 51 L value for
SILValue
SIL Limit Exceeded
Study Year and Study Area.
Unnamed row in the Pivotal Supplier Study Screen below SIL value with
text "Do Total Imports exceed 51 L value? (is U <= V)".
Yes 11 or 11 N0' 1
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Indicative Screen for Pivotal Supplier (Continued)
51759
EP04AU16.025</GPH>
mstockstill on DSK3G9T082PROD with PROPOSALS3
51760
VerDate Sep<11>2014
Description
Field Definition
Market Share Screen Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Validations
Primary Key (not null, unique)
FilingiD
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Legal Entity Identifier from entities table of entity
Filer LEI
Jkt 238001
New Study
PO 00000
making filing.
Used to indicate whether the entity is providing a
Character (20), Foreign Key
new study with the associated submittal
Character, Composite Foreign Key
1- Screens rely on screens previously accepted by the Commission
Character, Composite Foreign Key
Not null
MM/YYYY-MM/YYYY
None
Must match LEI registry
0- New (not based on previously accepted screens)
Used to link tables. Filing identifier from fll ing info
Filing ID of last change
table (Foreign Key)
The 12 consecutive months from December of a
calendar year to November of the next calendar
Study Year
year
Identifier for the NERC-Defined BAA or FERC
Frm 00036
Fmt 4701
Sfmt 4725
designated market or submarket studied with the
Study Area
"Study Area" from the header of the Market
associated submittal
Share Study Screen.
Must match a code on the list of market/BAA codes that will be maintained on FERC.gov
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Row A of the Market Share Study Screen; Seller and
Affiliate (owned, controlled or under LT contract)
Installed Capacity (inside the Study Area) in MW.
Seller Installed Capacity Inside Winter
Winter Season
Row A of the Market Share Study Screen; Seller and
Affiliate (owned, controlled or under LT contract)
Installed Capacity (inside the Study Area) in MW.
Seller Installed Capacity Inside Spring
Spring Season
Row A of the Market Share Study Screen; Seller and
Affiliate (owned, controlled or under LT contract)
Installed Capacity (inside the Study Area) in MW.
Seller Installed Capacity Inside Summer
Summer Season
Row A of the Market Share Study Screen; Seller and
E:\FR\FM\04AUP3.SGM
Affiliate (owned, controlled or under LT contract)
Installed Capacity (inside the Study Area) in MW
Seller Installed Capacity Inside Fall
Fall Season
Row Al of the Market Share Study Screen; Seller
and Affiliate (owned, controlled or under LT
contract) Remote Capacity (outside the Study Area)
Seller Installed Capacity Remote Winter
in MW. Winter Season
Row Al of the Market Share Study Screen; Seller
and Affiliate Capacity (owned, controlled or under
04AUP3
LT contract) Remote Capacity (outside the Study
Seller Installed Capacity Remote Spring
Area) in MW. Spring Season
Row Al of the Market Share Study Screen; Seller
and Affiliate (owned, controlled or under LT
contract) Remote Capacity (outside the Study Area)
Seller Installed Capacity Remote Summer
in MW. Summer Season
Row Al of the Market Share Study Screen; Seller
and Affiliate (owned, controlled or under LT
contract) Remote Capacity (outside the Study Area)
Seller Installed Capacity Remote Fall
EP04AU16.026</GPH>
in MW. Fall Season
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Indicative Screen for Market Share
Column
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VerDate Sep<11>2014
Row B of the Market Share Study Screen; Seller and
Affiliate Long-Term Firm Purchases [inside the
Jkt 238001
PO 00000
Seller LT Purchases inside Winter
Study Area) in MW. Winter Season
Integer
Row B of the Market Share Study Screen; Seller and
Seller LT Purchases inside Spring
Study Area) in MW. Spring Season
Integer
Row B of the Market Share Study Screen; Seller and
Seller LT Purchases inside Summer
Study Area) in MW. Summer Season
Non Negative Integer
Affiliate Long-Term Firm Purchases [inside the
Non Negative Integer
Affiliate Long-Term Firm Purchases (Inside the
Integer
Non Negative Integer
Row B of the Market Share Study Screen; Seller and
Affiliate Long-Term Firm Purch<3ses (Inside the
Frm 00037
Fmt 4701
Seller LTPurchases inside Fall
Study Area) in MW. Fall Season
Row Bl of the Market Share Study Screen; Seller
and Affiliate Long-Term Firm Purchases (outside
Integer
Non Negative Integer
Seller LT Purchases outside Winter
the Study Area) in MW. Winter Season
Row Bl of the Market Share Study Screen; Seller
Integer
Non Negative Integer
Seller LT Purchases outside Spring
the Study Area) in MW. Spring Season
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
and outside the Study Area), in MW. Winter Season Integer
Non Negative Integer
and Affiliate Long-Term Firm Purchases (outside
Row Bl of the Market Share Study Screen; Seller
and Affiliate Long-Term Firm Purchases (outside
Seller LT Purchases outside Summer
the Study Area) in MW. Summer Season
Row B1 of the Market Share Study Screen: Seller
Sfmt 4725
and Affiliate Long-Term Firm Purchases (outside
Seller LT Purchases outside Fall
the Study Area) in MW. Fall Season
Row C of the Market Share Study Screen; Seller and
E:\FR\FM\04AUP3.SGM
Affiliate (owned, controlled or under LT centrad)
Capacity providing Long-Term Firm Sales (inside
Seller LTSales in and outside Winter
Row C of the Market Share Study Screen; Seller and
Affiliate (owned, controlled or under LT contra d)
Capacity providing Long-Term Firm Sales (inside
Seller LTSales in and outside Spring
and outside the Study Area), in MW. Spring Season. Integer
Non Negative Integer
Row C of the Market Share Study Screen; Seller and
04AUP3
Affiliate (owned, controlled or under LT centrad)
Capacity providing Long-Term Firm Sales (inside
and outside the Study Area), in MW. Summer
Seller LTSales in and outside Summer
Season.
Integer
Non Negative Integer
Integer
Non Negative Integer
Row C of the Market Share Study Screen; Seller and
Affiliate (owned, controlled or under LT centrad)
Capacity providing Long-Term Firm Sales (inside
Seller LTSales in and outside Fall
and outside the Study Area), in MW. Fall Season.
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Indicative Screen for Market Share (continued)
51761
EP04AU16.027</GPH>
mstockstill on DSK3G9T082PROD with PROPOSALS3
51762
VerDate Sep<11>2014
Row D oft he Market Share Study Screen; Seller and
Affiliate Capacity (owned, controlled or under LT
Contract) Seasonal Average Planned Outages in
Seller Average Outages Winter
MW. Winter Season.
Jkt 238001
PO 00000
Frm 00038
Fmt 4701
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Uncommitted Capacity Imports, in MW. Fall Season Integer
Non Negative Integer
Row D oft he Market Share Study Screen; Seller and
Affiliate Capacity (owned, controlled or under LT
Contract) Seasonal Average Planned Outages in
Seller Average Outages Spring
MW. Spring Season.
Row D of the Market Share Study Screen; Seller and
Affiliate Capacity (owned, controlled or under LT
Contract) Seasonal Average Planned Outages In
Seller Average Outages Summer
MW. Summer Season.
Row D of the Market Share Study Screen; Seller and
Affiliate Capacity (owned, controlled or under LT
Contract) Seasonal Average Planned Outages in
Seller Average Outages Fall
MW. Fall Season.
RowE of the Market Share Study Screen: Seller and
Affiliate (owned, controlled or under LT Contract)
Uncommitted Capacity Imports, In MW. Winter
Seller Uncommitted Capacity Imports Winter
Season
RowE of the Market Share Study Screen: Seller and
Affiliate (owned, controlled or under LT Contract)
Sfmt 4725
Uncommitted Capacity Imports, in MW. Spring
Seller Uncommitted Capacity Imports Spring
Season
RowE of the Market Share Study Screen: Seller and
Affiliate (owned, controlled or under LT Contract)
E:\FR\FM\04AUP3.SGM
Uncommitted Capacity Imports, in MW. Summer
Seller Uncommitted Capacity Imports Summer
Season
RowE of the Market Share Study Screen: Seller and
Affiliate (owned, controlled or under LT Contract)
Seller Uncommitted Capacity Imports Fall
Row F of the Market Share Study Screen: Average
Peak Native Load, for the Study Area, in MW.
Study Area Average Peak Native Load Winter
Winter Season.
04AUP3
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Row F of the Market Share Study Screen: Average
Peak Native Load, for the Study Area, in MW.
Study Area Average Peak Native Load Spring
Spring Season.
Row F of the Market Share Study Screen: Average
Peak Native Load, for the Study Area, in MW.
Study Area Average Peak Native Load Summer
Summer Season.
Row F of the Market Share Study Screen: Average
Peak Native Load, for the Study Area, in MW. Fall
Study Area Average Peak Native Load Fall
EP04AU16.028</GPH>
Season.
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Indicative Screen for Market Share (continued)
mstockstill on DSK3G9T082PROD with PROPOSALS3
VerDate Sep<11>2014
Jkt 238001
Row G of the Market Share Study Screen; Amount
of Average Peak Native Load Attributable to Seller,
Seller Average Peak Native Load Winter
Integer
Non
Nege~tive
Integer
Integer
Non
Nege~tive
Integer
Integer
Non
Nege~tive
Integer
Integer
Non
Nege~tive
Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
in MW, if any, in the Winter Season.
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Row G of the Market Share Study Screen; Amount
of Average Peak Native Load Attributable to Seller,
PO 00000
Seller Average Peak Native Load Spring
in MW, if any, in the Spring Season.
Row G of the Market Share Study Screen; Amount
of Average Peak Native Load Attributable to Seller,
Seller Average Peak Native Load Summer
in MW, if any, in the Summer Season.
Frm 00039
Row G of the Market Share Study Screen; Amount
of Average Peak Nat1ve Load Attributable to Seller,
Seller Average Peak Native Load Fall
in MW, if any, in the Fall Season.
Row H of the Market Share Study Screen; Amount
of Average Peak Nat1ve Load Attributable to Non-
Fmt 4701
Non-Affiliate Average Peak Native Load Winter
Affiliate, in MW, if any, in the Winter Season.
Row H of the Market Share Study Screen; Amount
of Avere~ge Peak
Non-Affiliate Average Peak Native Load Spring
Ne~tive
Load
Attribute~ble
to Non-
Affiliate, in MW, if any, in the Spring See~ son.
Sfmt 4725
Row H of the Market Share Study Screen; Amount
of Avere~ge Peak Ne~tive Load Attribute~ble to NonNon-Affiliate Average Peak Native Load Summer
Affiliate, in MW, if any, in the Summer Season.
Row H of the Market Share Study Screen; Amount
E:\FR\FM\04AUP3.SGM
of Avere~ge Peak Ne~tive Load Attribute~ble to Non-
Non-Affiliate Average Peak Native Load Fall
Affiliate, in MW, if any, in the Fe~ II See~son.
Row I of the
Me~rket She~re
Study Screen; Reserve
Requirement, fort he Study Area, in MW. Winter
Study Area Reserve Requirement Winter
Season.
Row I of the
Me~rket She~re
Study Screen; Reserve
Requirement, fort he Study Area, in MW. Spring
Study Area Reserve Requirement Spring
Season.
Row I of the
Me~rket She~re
Study Screen; Reserve
04AUP3
Requirement, fort he Study Area, in MW. Summer
Study Area Reserve Requirement Summer
Season.
Row I of the Me~rket She~re Study Screen; Reserve
Requirement, fort he Study Area, in MW. Fall
Study Area Reserve Requirement Fall
Season.
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Indicative Screen for Market Share (continued)
51763
EP04AU16.029</GPH>
mstockstill on DSK3G9T082PROD with PROPOSALS3
51764
VerDate Sep<11>2014
Jkt 238001
Seller Reserve Requirement Winter
Row J of the Market Share Study Screen; Amount of
Reserve Requirement Attributable to Seller, in MW,
if any, in the Winter Season.
Integer
Non Negative Integer
Row J of the Market Share Study Screen; Amount of
Reserve Requirement Attributable to Seller, in MW,
Seller Reserve Requirement Spring
if any, in the Spring Season.
PO 00000
Frm 00040
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Row J of the Market Share Study Screen; Amount of
Reserve Requirement Attributable to Seller, in MW,
Seller Reserve Requirement Summer
if any, in the Summer Season.
Row J of the Market Share Study Screen; Amount of
Reserve Requirement Attributable to Seller, in MW,
Seller Reserve Requirement Fall
if any, in the Fall Season.
Row K of the Market Share Study Screen; Amount
of Reserve Requirement Attributable to Non-
Non-Affiliate Reserve Requirement Winter
Affiliate, in MW, if any, in the Winter Season.
Row K of the Market Share Study Screen; Amount
Fmt 4701
of Reserve Requirement Attributable to NonNon-Affiliate Reserve Requirement Spring
Affiliate, in MW, if any, in the Spring Season.
Row K of the Market Share Study Screen; Amount
of Reserve Requirement Attributable to Non-
Sfmt 4725
Non-Affiliate Reserve Requirement Summer
Affiliate, in MW, if any, in the Summer Season.
Row K of the Market Share Study Screen; Amount
of Reserve Requirement Attributable to Non-
Non-Affiliate Reserve Requirement Fall
Affiliate, in MW, if any, in the Fall Season.
E:\FR\FM\04AUP3.SGM
Row Lof the Market Share Study Screen; NonAffiliate (owned, controlled or under LT contract)
Installed Capacity (inside the Study Area) in MW.
Non-Affiliate Installed Capacity Inside Winter
Winter Season.
Row Lof the Market Share Study Screen; NonAffiliate [owned, controlled or under LT contract)
Installed Capacity (inside the Study Area) in MW.
Non-Affiliate Installed Capacity Inside Spring
Spring Season.
Row Lof the Market Share Study Screen; Non-
04AUP3
Affiliate (owned, controlled or under LT contract)
Installed Capacity (inside the Study Area) in MW.
Non-Affiliate Installed Capacity Inside Summer
Summer Season.
Row Lof the Market Share Study Screen; NonAffiliate (owned, controlled or under LT contract)
Installed Capacity (inside the Study Area) in MW.
Non-Affiliate Installed Capacity Inside Fall
EP04AU16.030</GPH>
Fall Season.
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Indicative Screen for Market Share (continued)
mstockstill on DSK3G9T082PROD with PROPOSALS3
VerDate Sep<11>2014
Row L1 of the Market Share Study Screen; NonAffiliate (owned, controlled or under LT centrad)
Jkt 238001
Non-Affiliate Installed Capacity Remote Winter
Remote Capacity (outside the Study Area) in MW.
Winter Season.
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Row Ll of the Market Share Study Screen; NonAffiliate (owned, controlled or under LT contract)
Remote Capacity (outside the Study Area) in MW.
PO 00000
Non-Affiliate Installed Capac1ty Remote Spring
Spring Season.
Row L1 of the Market Share Study Screen; NonAffiliate (owned, controlled or under LT contract)
Remote Capacity (outside the Study Area) in MW.
Frm 00041
Non-Affiliate Installed Capacity Remote Summer
Summer Season.
Row L1 of the Market Share Study Screen; NonAffiliate (owned, controlled or under LT contract)
Remote Capacity (outside the Study Area) in MW.
Non-Affiliate Installed CapaCity Remote Fall
Fall Season.
Fmt 4701
Row M of the Market Share Study Screen; NonAffiliate Long-Term Firm
Non-Affiliate LT Purchases inside Winter
Purcha~es
(inside the
Study Area), in MW. Winter Season.
Row M of the Market Share Study Screen; Non-
Sfmt 4725
Affiliate Long-Term Firm Purchases (inside the
Non-Affiliate LT Purchases inside Spring
Study Area), in MW. Spring Season.
Row M of the Market Share Study Screen; NonAffiliate Long-Term Firm Purchases (inside the
E:\FR\FM\04AUP3.SGM
Non-Affiliate LT Purchases inside Summer
Study Area), in MW. Summer Season.
Row M of the Market Share Study Screen; NonAffiliate Long-Term Firm Purchases (mside the
Non-Affiliate LT Purchases inside Fall
Study Area), in MW. Fall Season.
Row Mlofthe Market Share Study Screen; NonAffiliate Long-Term Firm Purchases (outside the
Non-Affiliate LT Purchases outside Winter
Study Area), in MW. Winter Season.
Row Mlofthe Market Share Study Screen; NonAffiliate Long-Term Firm Purchases (outside the
04AUP3
Non-Affiliate LT Purchases outside Spring
Study Area), in MW. Spring Season.
Row Mlofthe Market Share Study Screen; NonAffiliate Long-Term Firm Purchases (outside the
Non-Affiliate LT Purchases outside Summer
Study Area), in MW. Summer Season.
Row Mlofthe Market Share Study Screen; NonAffiliate Long-Term Firm Purchases (outside the
Non-Affiliate LT Purchases outside Fall
Study Area), in MW. Fall Season.
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Indicative Screen for Market Share (continued)
51765
EP04AU16.031</GPH>
mstockstill on DSK3G9T082PROD with PROPOSALS3
51766
VerDate Sep<11>2014
H.ow N of the Market Share Study Screen; NonAffiliate (owned, controlled or under lT contract)
Capacity providing Long-Term Firm Sales (inside
and outside the Study Area), in MW. Winter
Non-Affiliate LTSales in and outside Winter
Season.
Jkt 238001
Integer
Non Negative Integer
and outside the Study Area), in MW. Spring Season. Integer
Non Negative Integer
Row N of the Market Sh<'lre Study ScrePn; NonAffiliate (owned, controlled or under LT contract)
Capacity providing Long-Term Firm Sales (inside
Non-Affiliate LTSales in and outside Spring
Row N of the Market Share Study Screen; Non-
PO 00000
Affiliate (owned, controlled or under LT contract)
Capacity providing Long-Term Firm Sales (inside
and outside the Study Area), in MW. Summer
Non-Affiliate LTSales in and outside Summer
Season.
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Integer
Non Negative Integer
Row N of the Market Share Study Screen; Non-
Frm 00042
Affiliate (owned, controlled or under LT contract)
Capacity providing Long-Term Firm Sales (inside
Non AffiliCJtc LTSalcs in and outside FCJII
and outside the Study Area), in MW. Fall Season.
Row 0 of the Market Share Study Screen; NonAffiliate Capacity (owned, controlled or under lT
Fmt 4701
Contract) Seasonal Average Planned Outages in
Non-Affiliate Average Outages Winter
MW. Winter Season.
Row 0 of the Market ShCJrc Study Screen; Non
Affiliate Capacity (owned, controlled or under ll
Sfmt 4725
Contract) Seac;onal Average Planned Outages in
Non-Affiliate Average Outages Spring
MW. Spring Season.
Row 0 of the Market Share Study Screen; NonAffiliate Capacity (owned, controlled or under LT
Contract) Seasonal Average Planned Outages in
E:\FR\FM\04AUP3.SGM
Non-Affil i<'lte Average OutagPs Summer
MW. SummPr Seac;on.
Row 0 of the Market Share Study Screen; NonAffiliate Capacity (owned, controlled or under LT
Contract) Seasonal Average Planned Outages in
Non-Affiliate Average Outages Fall
MW. Fall Season.
Row P of the Market Share Study Screen; NonAffiliate Capacity (owned, controlled or under LT
Contract) Uncommitted Capacity Imports in MW.
Non-Affiliate Uncommitted Capacity Imports Winter
Winter Season
Row P of the Market Share Study Screen; Non-
04AUP3
Affiliate Capadty (owned, controlled or under LT
Contract) Uncommitted Capacity Imports in MW.
Non AffiliCJtc Uncommitted Capacity Imports Spring
Spring ScCJson
H.ow P of the Market Share Study Screen; NonAffiliate Capacity (owned, controlled or under lT
Contract) Uncommitted Capacity lmporb in MW.
Non-Affiliate Uncommitted Capacity Imports Summer
Summer Season
Row P of the Market Share Study Screen; NonAffiliate Capacity (owned, controlled or under ll
Contract) Uncommitted Capacity Imports in MW.
Non-Affiliate Uncommitted Capacity Imports Fall
EP04AU16.032</GPH>
Fall Season
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Indicative Screen for Market Share (continued)
mstockstill on DSK3G9T082PROD with PROPOSALS3
VerDate Sep<11>2014
Indicative Screen for Market Share
(continued)
Rows l, Ll, M, Ml, and P minus Rows H, K, Nand 0
Integer
None
Integer
None
Total. CompetingS~pply Summ~r
of. the Marke.~ Share _Sc~een in MW. Summer Season ln~e;geT
Row Qofthe Market Share Study Screeni Sum of
None
TotaiCompetingSupply Fall
of the Market Share Screen in MW. Fall Season
Total Competing Supply Winter
Total Competing Supply Spring
of the Market Share Screen in MW. Winter Season
Row Qofthe Market Share Study Screen; Sum of
Rows l, ll, M, Ml, and P minus Rows H, K, Nand 0
of the Market Share Screen in MW. Spring Season
Row Qofthe Market Share Study Screen; Sum of
Jkt 238001
Rows l, ll, M, Ml, and P minus Rows H, K, Nand 0
Rows L, L1, M, Ml, and P minus Rows H, K, Nand o
PO 00000
Fmt 4701
Sfmt 4725
E:\FR\FM\04AUP3.SGM
04AUP3
None
Integer
None
lnt~ge~
None
Integer
None
Integer
None
Integer
None
Integer
None
Integer
None
Integer
None
lntt:~er
None
Integer
None
Integer
None
Integer
None
Row R of the Market Share Study Screeni Sum of
Rows A, Al, B, Bl, and E, minus Rows C, D, G and J
Seller Uncommitted Capacity Winter
Frm 00043
Integer
of the Market Share Screen in MW. Winter Season
Row R oft he Market Share Study Screeni Sum of
Rows A, Al, B, Bl, and E, minus Rows c, D, G and
Seller Uncor:nmitted
Capaci~y
Spring
ott he Market Share Screen in MW .. Spring Seas<;m,
Row R of the Market Share Study Screen; Sum of
Rows A, Al, B, Bl, and E, minus Rows C, D, G and J
of the Market Share Screen in MW. Summer
Seller Un,committed
~apacity
Summer
Season
Row R of the Market Share Study Screen; Sum of
Rows A, Al, B, Bl, and E, minus Rows C, D, G and J
Seller Uncommitted Capacity Fall
oft he Market Share Screen in MW.
Fall Season
RowS of the Market Share Study Screen; Sum of
Row Qand Row Rofthe Market Share Screen in
Total Seasonal Uncommitted Capacity Winter
MW. Winter Season
RowS of the Market Share Study Screen; Sum of
Row Qand Row Rofthe Market Share Screen in
Total ,seas~mal
Uncommitt~,d
Capa,dty Spring
MW.
Sp~ing
Season.
RowS of the Market Share Study Screeni Sum of
Row Qand Row Rofthe Market Share Screen in
Total Seasonal, Uncommitted Capacity Summer
MW. SummerSeason
RowS of the Market Share Study Screen; Sum of
Row Qand Row Rofthe Market Share Screen in
Total Seasonal Uncommitted Capacity Fall
MW. Fall Season
Row T of the Market Share Study Screen; Row R
divided by RowS of the Market Share Screen in
Seller Market Share Winter
p~r~en_ta~e: \<Yi nte~ S~aso~
Row T of the Market Share Study Screen; Row R
divided by RowS of the Market Share Screen in
Seller Market Share Spring
percentage. Spring Season
Row T of the Market Share Study Screeni Row R
divided by RowS of the Market Share Screen in
Seller Market Share Summer
percentage. Sun:mer Season
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Row Qof the Market Share Study Screen; Sum of
Row T of the Market Share Study Screen; Row R
divided by RowS of the Market Share Screen in
Seller Market Share Fall
percentage. Fall Season
51767
EP04AU16.033</GPH>
mstockstill on DSK3G9T082PROD with PROPOSALS3
51768
VerDate Sep<11>2014
Row U oft he Market Share Study Screen; Total
Uncommitted Capacity Imports in MW, as filed by
Total Imports Winter
Jkt 238001
Integer
None
Integer
None
Integer
None
Integer
None
Integer
None
Integer
None
Integer
None
Integer
Seller. Sum of RowE and Row P. Winter Season
None
"Yes" or "No"
Character
"Yes" or "No"
Character
"Yes" or "No"
Character
"Yes" or "No"
Character
Row U oft he Market Share Study Screen; Total
Uncommitted Capacity Imports in MW, as filed by
Total Imports Spring
Seller. Sum of RowE and Row P. Spring Season
Row U oft he Market Share Study Screen; Total
Uncommitted Capacity Imports in MW, as filed by
Total Imports Summer
Seller. Sum of RowE and Row P. Summer Season
Row U oft he Market Share Study Screen; Total
Uncommitted Capacity Imports in MW, as filed by
PO 00000
Total Imports Fall
Seller. Sum of RowE and Row P. Fall Season
Row V oft he Market Share Study Screen;
Simultaneous Transmission Import Limit (SIL) value
in MW, from SubmittallPuget Sound Energy, Inc.
Frm 00044
135 ~ FERC 61, 254 (2011) orCommiss1on-accepted
SIL value for Study Year and Study Area. Winter
SIL Value Winter
Season
Row V of the Market Share Study Screen;
Fmt 4701
Simultaneous Transmission Import Limit (SIL) value
in MW, from SubmittallPuget Sound Energy, Inc.
135 ~ FERC 61, 254 (2011) or Commission-accepted
SIL value for Study Year and Study Area. Spring
SIL Value Spring
Season
Sfmt 4725
Row V of the Market Share Study Screen;
Simultaneous Transmission Import Limit (SIL) value
in MW, from SubmittallPuget Sound Energy, Inc.
135 ~ FERC 61, 254 (2011) or Commission-accepted
E:\FR\FM\04AUP3.SGM
SIL value for Study Year and Study Area. Summer
SIL Value Summer
Season.
Row V of the Market Share Study Screen;
Simultaneous Transmission Import Limit (SIL) value
in MW, from SubmittallPuget Sound Energy, Inc.
135 ~ FERC 61, 254 (2011) or Commission-accepted
SIL value for Study Year and Study Area. Fall
SIL Value Fall
Season.
Unnamed row in the Market Share Study Screen
04AUP3
below SIL value with text "Do Total Imports exceed
SIL Limit Exceeded Winter
Sllvalue? (is U<=V)"
Winter Season.
Unnamed row in the Market Share Study Screen
below SIL value with text "Do Total Imports exceed
SIL Limit Exceeded Spring
Sllvalue? (is U<=V)"
Spring Season.
Unnamed row in the Market Share Study Screen
below SIL value with text "Do Total Imports exceed
SIL Limit Exceeded Summer
Sllvalue? (is U<;:;V)"
Summer Season.
Unnamed row in the Market Share Study Screen
below SIL value with text "Do Total Imports exceed
51L Umit Exceeded Fall
EP04AU16.034</GPH>
Sllvalue? (is U<=V)"
Fall Season.
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Indicative Screen for Market Share (continued)
mstockstill on DSK3G9T082PROD with PROPOSALS3
VerDate Sep<11>2014
Jkt 238001
Field Definition
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key I not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Foreign Key
Owner/Controller ID
LEI, CID, or Entity ID
Character, Foreign Key
Owner/Controller ID Type
'LEI', 'CID', or 'Entity ID'
Validations
Character
Ownee/Controlee ID
LEI, CID, or Entity ID
Character, Composite Foreign Key
Ownee/Controlee ID Type
'LEI', 'CID', or 'Entity ID'
Character
Frm 00045
Ownership flag
Flag indicating filer owns all/part of entity
Binary IY/N)
Binary
Ownership percentage
Percentage of ownership
Integer
1-100 or null if entity just controls
Ownership start date
Date ownership started
Date
Valid date or null if entity does not own
Ownership end date
Date ownership ended
Date
Valid date or null if entity does not own
Fmt 4701
PO 00000
Description
Record ID
Control flag
Flag indicating filer controls entity
Binary IY/N)
Foreign Key
Control start date
Date control started for e1ther the filing entity or controlling ent1ty
Date
Valid date or null if ent1ty does not control
Control end date
Date control ended for either the filing entity or controlling entity
Date
Valid date or null if entity does not control
Ownership/control Notes
Narrative description if necessary
Character
None
Sfmt 4725
0- Ultimate affiliate owner
E:\FR\FM\04AUP3.SGM
3- Affiliate owner that directly owns or controls
1- Affiliate owner that has a franchised service
area
2- Affiliate owner that has MBRauthority
generation
4- Affiliate owner that directly owns or controls
transmission; mtrastate natural gas
transportation, storage or distribution facilities;
physical coal supply sources or ownership of or
control over who may access transportation of
Ownership type
Ownership type, multiple types allowed
Integer
coal supplies.
04AUP3
Privileged IM)
Public(P)
Publication Flag
Indicates the row information can/will be made public
Character
CEll IX)
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Entities to Entities
Column
51769
EP04AU16.035</GPH>
mstockstill on DSK3G9T082PROD with PROPOSALS3
51770
VerDate Sep<11>2014
Jkt 238001
Validations
Description
Field Definition
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Foreign Key
Frm 00046
Fmt 4701
Name
Character, Foreign Key
Owner Contact information
Contact information (multiple columns)
Character, Foreign Key
None
Ownee/Controlee ID
LEI, CID, or Entity ID
Character, Foreign Key
Foreign Key
Ownee/Controlee ID Type
'LEI', 'CID', or 'Entity ID'
Character
None
Ownership flag
PO 00000
Owner Name
Flag indicating filer owns all/part of entity
Binary (Y/N)
Binary
Ownership percentage
Percentage of ownership
Integer
1-100 or null if entity just controls
Ownership start date
Date ownership started
Date
Valid date or null if entity does not own
Ownership end date
Date ownership ended
Date
Valid date or null if entity does not own
Control flag
Flag indicating filer controls entity
Binary (Y/N)
Binary
Control start date
Date control started for e1ther the filing entity or controlling ent1ty
Date
Valid date or null if ent1ty does not control
Mapping of entities to ISO identifiers for
f1l1ng entity and downstream affiliates
Sfmt 4725
Control end date
Date control ended for either the filing entity or controlling entity
where appropriate
Ownership/control Notes
Narrative description if necessary
Character
Valid date or null if entity does not control
None
0- Ultimate affiliate owner
1- Affiliate owner that has a franchised service
area
E:\FR\FM\04AUP3.SGM
2- Affiliate owner that has MBRauthority
3- Affiliate owner that directly owns or controls
generation
4- Affiliate owner that directly owns or controls
transmission; mtrastate natural gas
transportation, storage or distribution facilities;
phys1cal coal supply sources or ownership of or
control over who may access transportation of
04AUP3
Ownership type
Integer
coal supplies.
Privileged (M)
Public(P)
Publication Flag
EP04AU16.036</GPH>
Ownership type, multiple types allowed
Indicates the row information can/will be made public
Character
CEll (X)
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Natural Person Affiliates to Entities
Column
mstockstill on DSK3G9T082PROD with PROPOSALS3
VerDate Sep<11>2014
Jkt 238001
PO 00000
Description
Field Definition
Validations
Record ID
Filing ID
Filer LEI
EIA Plant Code of affiliated generation
EIA Gen ID of affiliated generation
EIA Unit Code of affiliated generation
Ownership flag
Unique record ID generated by the database
Unique riling IDgeneraled by lhe dalabase
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
In Leger, Foreign Key
Foreign Key
Legal Entity Identifier from entities table of entity making filing.
Character (20), Foreign Key
Must match LEI registry
Ownership percentage
Character, Composite Foreign Key
Must match 11 Plant Code 11 found in EIA-860
"Generator ID" assigned to the specific generator as found in EIA-860 reports
Character, Composite Foreign Key
Must match "Generator ID" found in EIA-860
"Unit Code" assigned to multiple generators found in EIA-860 reports (if applicable)
Character, Composite Foreign Key
Must match 11 Unit Code" found in EIA-860 (if appropriate)
Flag indicating filer owns all/part of generator
Binary (Y/N)
Binary
Percentage of ownership
Integer
0-100 or null if entity just controls
11
11
Piant Code assigned to the plant as found in EIA-860 reports
Frm 00047
Ownership start date
Date ownership started
Date
Valid date or null if entity does not own
Ownership end date
Date ownership ended
Date
Valid Date
Control flag
Controlling entity
Controlling entity LEI
Flag indicating filer controls generator (can be combined with ownership)
Binary (Y/N)
Binary
Name of controlling entity if not controlled by filer
LEI of controlling entity
Character
Should be consistent across filings
Character (20), Foreign Key
Control start date
Date control started foreitherthe filing entity or controlling entity
Date
Conlrol end dale
Dale con lrol ended ror eilher lhe riling en Lily or con lrolling enli ly
Dale
Can be null
Valid date
Valid Dale
Fmt 4701
Vertical Assets
Sfmt 4725
Column
Description
Field Definition
Validations
Record ID
Filing ID
Unique record ID generated by the database
Unique filing ID generated by the database
Primary Key, Auto-incrementing integer
Integer, Foreign Key
Primary Key (not null, unique)
Foreign Key
LEI
Legal Entity Identifier from entities table of entity making filing.
Character (20), Foreign Key
Must match LEI registry
Asset Type
Intrastate pipeline, gas storage, gas distribution, or other input.
Character
Must be in the list
Must be a FERC region or match a code on the list of
E:\FR\FM\04AUP3.SGM
Asset Region/BAA
Asset Region Type
Explanatory notes and
clarifications
One of the six RTO/ISOs or their designated sub markets or a NERC-defined
Balancing Authority Area name. Multiple entries allowed.
Region or BAA
Character, Foreign Key
Character
Optional narrative description
Character
market/BAA codes that will be maintained on
FERC.gov
Region or BAA
None
Entities to RT0/150 Accounts
Description
Field Definition
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing I D gene rated by the database
Integer, Foreign Key
Foreign Key
Filer LEI
Legal Entity Identifier from entities tab I e of entity making fi Iin g.
Character (20), Foreign Key
Must match LEI registry
RT0/150
RT0/150 identifier
Character, Composite Foreign Key
Must match standard RT0/150 identifiers
RT0/150 Account ID
04AUP3
Column
Validations
Account identifier for RTO/ISOs (use multiple rows for multiple accounts)
Character, Composite Foreign Key
Foreign Key to RT0/150
RT0/150 Account Start Date
Date filing entity started using the RT0/150 account
Date
Valid date
RT0/150 Account End Date
Date filing entity stopped using the RT0/150 account
Date
Valid date
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
23:47 Aug 03, 2016
Entities to Generation Assets
Column
51771
EP04AU16.037</GPH>
mstockstill on DSK3G9T082PROD with PROPOSALS3
51772
Description
Field Definition
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Validations
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
PO 00000
Frm 00048
Fmt 4701
Filer LEI
Legal Entity Identifier from entities table of entity making filing.
Character (20), Foreign Key
Must match LEI registry
Trader Name
Trader name (may be multiple fields)
Character, Composite Foreign Key
Must match person from People table
RT0/150
RT0/150 identifier
Character, Composite Foreign Key
Must match standard RT0/150 identifiers
RT0/150 Account ID
Account identifier for RTO/ISOs (use multiple rows for multiple accounts)
Character, Composite Foreign Key
Foreign Key to RT0/150
RT0/150 Account Start Date
RT0/150 Account End Date
Date trader started using the RT0/150 account
Date trader stopped using the RT0/150 account
Date
Date
Valid date
Valid date
Column
Description
Field Definition
Validations
Record ID
Unique record ID generated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Traders to Entities
Sfmt 9990
E:\FR\FM\04AUP3.SGM
Filer LEI
Legal Entity Identifier from entities table of entity making filing.
Character (20), Foreign Key
Must match LEI registry
Trader Name
Trader name (may be multiple fields)
Character, Composite Foreign Key
Must match person from People table
Trader Title
Title (use multiple rowsfortraderswith multiple positions)
Character
the same position
Validations
Consistent between filings for same person in
Entities to Associated CIDs
Column
Description
Field Definition
Record ID
Unique record ID gene rated by the database
Primary Key, Auto-incrementing integer
Primary Key (not null, unique)
Filing ID
Unique filing ID generated by the database
Integer, Foreign Key
Foreign Key
Filer LEI
Associated CIDs
Legal Entity Identifier from entities table of filing entity.
CIDs associated with filer
Character (20), Foreign Key
Character, Composite Foreign Key
Must match LEI registry
Must match an extant CID
Entities to NAESB/OATI Purchaser Seller Entity ID
Field Definition
Validations
Unique record ID generated by the database
Unique filing ID generated by the database
Primary Key, Auto-incrementing integer
Integer, Foreign Key
Primary Key (not null, unique)
Foreign Key
Filer LEI
NAESB/OATI Purchaser Seller Entity ID
Legal Entity Identifier from entities table of entity making filing.
NAESB/OATI Purchaser-Seller Entity (PSE) identifier (e-Tag)
Character (20), Foreign Key
Character, Composite Foreign Key
Must match LEI registry
Foreign Key to RTO/ISO
Date filing entity started using the NAESB/OATI PSE ID
Date
Valid date
NAESB/OATI PSE End Date
04AUP3
Description
Record ID
Filing ID
NAESB/OATI PSE Start Date
EP04AU16.038</GPH>
Column
Date filing entity stopped using the NAESB/OATI PSE ID
Date
Valid date
Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
Jkt 238001
[FR Doc. 2016–17839 Filed 8–3–16; 8:45 am]
23:47 Aug 03, 2016
BILLING CODE 6717–01–C
VerDate Sep<11>2014
Traders to RTO/ISO Accounts
Column
]]>Agencies
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Proposed Rules]
[Pages 51725-51772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17839]
[[Page 51725]]
Vol. 81
Thursday,
No. 150
August 4, 2016
Part V
Department of Energy
-----------------------------------------------------------------------
Federal Energy Regulatory Commission
-----------------------------------------------------------------------
18 CFR Part 35
Data Collection for Analytics and Surveillance and Market-Based Rate
Purposes; Proposed Rule
Federal Register / Vol. 81 , No. 150 / Thursday, August 4, 2016 /
Proposed Rules
[[Page 51726]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 35
[Docket No. RM16-17-000]
Data Collection for Analytics and Surveillance and Market-Based
Rate Purposes
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to revise its regulations to collect certain data for analytics and
surveillance purposes from market-based rate (MBR) sellers and entities
trading virtual products or holding financial transmission rights and
to change certain aspects of the substance and format of information
submitted for MBR purposes. The revisions proposed herein include new
requirements for those entities to report certain information about
their legal and financial connections to other entities to assist the
Commission in its analytics and surveillance efforts. The Commission
previously proposed to require certain market participants in the
Commission-jurisdictional organized wholesale electric markets to file
similar information about their financial and legal connections in the
Collection of Connected Entity Data from Regional Transmission
Organizations and Independent System Operators Notice of Proposed
Rulemaking issued in Docket No. RM15-23-000 (Connected Entity NOPR).
However, as described herein, this proposal presents substantial
revisions from what the Commission proposed in the Connected Entity
NOPR, including, among other things: A different set of filers; a
reworked and substantially narrowed definition of Connected Entity; and
a different submission process. With respect to the MBR program, the
proposals include: Adopting certain changes to reduce and clarify the
scope of ownership information that MBR sellers must provide, similar
to the notice of proposed rulemaking issued in Docket No. RM16-3-000
(Ownership NOPR); reducing the information required in asset
appendices; and collecting currently-required MBR information and
certain new information in a consolidated and streamlined manner. The
Commission proposes all of these changes in order to eliminate
duplication, ease compliance burdens, modernize its data collections,
and render information collected through its programs usable and
accessible for the Commission and its staff. In furtherance of this
effort, in orders being issued concurrently with the instant NOPR, the
Commission withdraws the Connected Entity NOPR issued in Docket No.
RM15-23-000 and the Ownership NOPR issued in Docket No. RM16-3-000.\1\
The Commission also proposes to eliminate the requirement that MBR
sellers submit corporate organizational charts adopted in Order No. 816
in Docket No. RM14-14-000.
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\1\ Collection of Connected Entity Data from Regional
Transmission Organizations and Independent System Operators, 156
FERC ] 61,046 (2016); Ownership Information in Market-Based Rate
Filings, 156 FERC ] 61,047 (2016).
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DATES: Comments are due September 19, 2016.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
Electronic Filing through https://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.
FOR FURTHER INFORMATION CONTACT:
Jamie Marcos, Office of Enforcement, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6628,
Jamie.marcos@ferc.gov.
Laura Chipkin, Office of General Counsel, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8615,
Laura.chipkin@ferc.gov.
Melissa Lozano, Office of Energy Market Regulation, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426,
(202) 502-6267, melissa.lozano@ferc.gov.
Byron Corum, Office of Energy Market Regulation, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426,
(202) 502-6555, byron.corum@ferc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion
A. Proposals Regarding Connected Entity Information
B. Proposals Regarding MBR Information
1. Ownership Information
2. Asset Appendix Information
3. Indicative Screen and Other MBR Information
C. Need and Authority: Analytics and Surveillance
D. Nature of the Connected Entity Information Submissions
E. Legal Entity Identifiers
F. Confidentiality and Due Diligence
G. Filing Requirement for Existing and New Virtual/FTR
Participants
H. Baseline Submission Required of Existing MBR Sellers
I. Ongoing Connected Entity Information Submission Requirements
J. Ongoing MBR Seller Filing Requirements
III. Information Collection Statement
IV. Environmental Analysis
V. Regulatory Flexibility Act
VI. Comment Procedures
VII. Document Availability
1. The Federal Energy Regulatory Commission (Commission) proposes
in this Notice of Proposed Rulemaking (NOPR) to amend its regulations
to add Subpart K to Title 18 of the Code of Federal Regulation (CFR),
which would include data collection requirements for market-based rate
(MBR) sellers \2\ and certain other participants in the organized
wholesale electric markets subject to the Commission's jurisdiction
pursuant to the Federal Power Act (FPA), and revise part 35, subpart H,
which governs MBR authorization for wholesale sales of electric energy,
capacity, and ancillary services by public utilities.\3\ Specifically,
the Commission is proposing to revise its regulations to add new data
submission requirements for MBR sellers and entities, other than FPA
section 201(f) entities,\4\ that trade virtual products \5\ or
[[Page 51727]]
hold financial transmission rights (FTR) \6\ in the organized wholesale
electric markets subject to the Commission's jurisdiction (Virtual/FTR
Participants). The Commission is also proposing to require Virtual/FTR
Participants to submit certain information to the Commission within 30
days of commencing trading of virtual or FTR products.
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\2\ All references in this NOPR to ``MBR seller'' (or ``MBR
sellers'') refer to both entities seeking to obtain MBR authority by
filing applications with the Commission and to MBR sellers seeking
to retain market-based rate authority and is intended to have the
same meaning as the defined term ``Seller'' in 18 CFR 35.36(a)(1).
\3\ The organized wholesale electric markets subject to the
Commission's jurisdiction refers to the markets operated by Regional
Transmission Organizations (RTOs) and Independent System Operators
(ISO) operating in the United States. These RTOs and ISOs include:
PJM Interconnection, LLC (PJM), New York Independent System
Operator, Inc. (NYISO), ISO New England Inc. (ISO-NE), California
Independent System Operator Corporation (CAISO), Midcontinent
Independent System Operator, Inc. (MISO), and Southwest Power Pool,
Inc. (SPP).
\4\ See 18 U.S.C. 824(f) (2012).
\5\ ``Virtual trading involves sales or purchases in an RTO/ISO
day-ahead market that do not go to physical delivery. For example,
virtual bidding allows entities that do not serve load to make
purchases in the day-ahead market. Such purchases are subsequently
sold in the real-time spot market. Likewise, entities without
physical generating assets can make power sales in the day-ahead
market that are subsequently purchased in the real-time market. By
making virtual energy sales or purchases in the day-ahead market and
settling these positions in the real-time, any market participant
can arbitrage price differences between the two markets.'' Market-
Based Rates for Wholesale Sales of Electric Energy, Capacity and
Ancillary Services by Public Utilities, Order No. 697, FERC Stats. &
Regs. ] 31,252 at n.1047, clarified, 121 FERC ] 61,260, at P 921
n.1047 (2007), order on reh'g, Order No. 697-A, FERC Stats. & Regs.
] 31,268, clarified, 124 FERC ] 61,055, order on reh'g, Order No.
697-B, FERC Stats. & Regs. ] 31,285 (2008), order on reh'g, Order
No. 697-C, FERC Stats. & Regs. ] 31,291 (2009), order on reh'g,
Order No. 697-D, FERC Stats. & Regs. ] 31,305 (2010), aff'd sub nom.
Mont. Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011), cert.
denied, 133 S. Ct. 26 (2012). Organized wholesale electric markets
offer various virtual products, including Up-To Congestion products,
for which no generation is dispatched and no load is served, and
obligations are met through cash settlement. Coaltrain Energy, L.P.,
et al., 155 FERC ] 61,204 at P 15 (2016). ``While virtual products
carry no obligation to buy or sell physical power, they serve a
direct role in day-ahead price formation as reflected in day-ahead
[Locational Marginal Prices (LMP)]. As such, virtual products can:
(i) be the price setting marginal factor in determining day-ahead
LMPs; (ii) affect day-ahead dispatch; and (iii) affect other market
participant positions.'' Id.
\6\ The term ``FTR'' as used in this NOPR is intended to cover
not only Financial Transmission Rights, a term used by PJM, ISO-NE.,
and MISO, but also Transmission Congestion Contracts in NYISO,
Transmission Congestion Rights in SPP, and Congestion Revenue Rights
in CAISO.
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2. The purpose of this new data collection is to assist the
Commission in understanding the financial and legal connections among
market participants and other entities and their activities in
Commission-jurisdictional electric markets. In this NOPR, the
Commission also proposes to modify its regulations to change certain
aspects of the substance and format of information submitted for MBR
purposes. Specifically, we propose to collect currently-filed MBR
information and the new information proposed to be collected in this
NOPR in a consolidated and streamlined manner through a relational
database,\7\ which will eliminate duplication and render information
collected for its MBR and analytics and surveillance purposes more
usable and accessible to the Commission and its staff.
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\7\ A relational database, or RDB, is a database model whereby
multiple data tables relate to one another via unique identifiers. A
relational database contains a table for each subject (e.g.,
generation assets) with every row in the table representing
information regarding a single variable of that subject (e.g., a
particular generation unit) and each column containing a particular
quality of that variable (e.g., a generation unit's capacity
rating). Relational databases are structured to allow for easy data
retrieval while avoiding inconsistencies and redundancies.
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3. As reflected in this NOPR, the Commission has reworked and
substantially narrowed the definitions proposed in the Collection of
Connected Entity Data from Regional Transmission Organizations and
Independent System Operators NOPR in Docket No. RM15-23-000 (Connected
Entity NOPR),\8\ conforming them where possible to existing MBR
affiliate definitions, and has entirely eliminated large portions of
the data proposed for collection in that NOPR. In orders being issued
concurrently with the instant NOPR, the Commission withdraws the
Connected Entity NOPR \9\ and the Ownership Information in Market-Based
Rate Filings NOPR in Docket No. RM16-3-000 (Ownership NOPR) \10\ and
terminates those dockets.\11\ The Commission also proposes to remove
the existing requirement that MBR sellers submit corporate
organizational charts adopted in Order No. 816 in Docket No. RM14-14-
000.\12\
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\8\ Collection of Connected Entity Data from Regional
Transmission Organizations and Independent System Operators, FERC
Stats. & Regs. ] 32,711 (2015) (Connected Entity NOPR).
\9\ Connected Entity NOPR, FERC Stats. & Regs. ] 32,711.
\10\ Ownership Information in Market-Based Rate Filings, FERC
Stats & Regs. ] 32,713 (2015) (Ownership NOPR).
\11\ Collection of Connected Entity Data from Regional
Transmission Organizations and Independent System Operators, 156
FERC ] 61,046 (2016); Ownership Information in Market-Based Rate
Filings, 156 FERC ] 61,047 (2016).
\12\ The organizational chart requirement was first suspended in
the order that partially extended the compliance effective date of
Order No. 816. See Refinements to Policies and Procedures for
Market-Based Rates for Wholesale Sales of Electric Energy, Capacity
and Ancillary Services by Public Utilities, Order No. 816, 80 FR
67,056 (Oct. 30, 2015), FERC Stats. & Regs. ] 31,374 (2015), order
on reh'g, Order No. 816-A, 81 FR 33,375 (May 26, 2016), FERC Stats.
& Regs. ] 31,382 (2016). The organizational chart requirement was
again suspended in Order No. 816-A ``until the Commission issues an
order at a later date addressing this requirement.'' Order No. 816-
A, FERC Stats. & Regs. ] 31,382 at P 47.
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I. Background
4. Recently, the Commission sought to improve its analytics and
surveillance of the electric markets by issuing the Connected Entity
NOPR, which proposed collecting information from participants in
Commission-jurisdictional organized wholesale electric markets
concerning their ownership, employee, debt, and contractual
connections. This information was to be submitted to the RTOs and ISOs,
which in turn would provide the necessary information to the
Commission. In some cases, the information sought under the Connected
Entity NOPR was similar to, but somewhat different from, the
information to be provided by MBR sellers.
5. The desirability of consolidating MBR and Connected Entity data
under one reporting regime was advocated to the Commission by members
of the industry in comments responding to the Connected Entity NOPR. In
the Connected Entity NOPR, the Commission proposed that each RTO and
ISO be required to electronically deliver to the Commission, on an
ongoing basis, data from its market participants \13\ that would: (i)
Identify the market participants by means of a common alpha-numerical
identifier, specifically, a Legal Entity Identifier (LEI); \14\ (ii)
list their ``Connected Entities,'' which would include entities that
have certain ownership, employment, debt, or contractual relationships
with market participants; and (iii) describe in brief the nature of the
relationship of each Connected Entity. The Commission observed that
there is a risk that a market participant may take actions to benefit
another entity that bears a financial or legal relationship to it, and
that entities under common control may collude to manipulate the
market. Given the potential for such conduct, the Commission found it
needed to understand the relationships and corresponding incentives
between entities to help determine whether they might be engaging in
acts of market manipulation. The Commission also described the
deficiencies in scope, format, and timing of the existing data sources
for the requisite information.\15\
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\13\ The Connected Entity NOPR proposed to require all RTO/ISO
market participants, including MBR sellers and entities that solely
participate in the RTO/ISO virtual and/or FTR markets, to report
Connected Entity information.
\14\ An LEI is a unique 20-digit alpha-numeric code assigned to
a single entity. They are issued by the Local Operating Units of the
Global LEI System.
\15\ See Connected Entity NOPR, FERC Stats. & Regs. ] 32,711 at
PP 6-14.
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6. Many commenters objected to the proposed data submissions on the
grounds that the information would be largely duplicative of other
Commission reporting requirements, especially that of its MBR program.
Several commenters objected to the Connected Entity NOPR on the grounds
that the information to be submitted was based on a Connected Entity
definition that was similar to, yet different from, the affiliate
definition currently used in the MBR program. A common theme in the
comments was the desirability of
[[Page 51728]]
reconciling reporting requirements to accommodate the needs of both the
MBR and analytics and surveillance programs, thus eliminating the
necessity of maintaining disparate, but partially overlapping,
reporting regimes.
7. In the Connected Entity NOPR, the Commission also proposed that
the Connected Entity information be submitted to the RTOs and ISOs, who
would then pass it on to the Commission. A number of commenters
objected to this mechanism as unwieldy and unnecessarily burdensome.
8. Over the last two years, the Commission has also sought to
modify, clarify, and streamline the Commission's MBR requirements to,
among other things, ease burdens on industry and the Commission. This
initiative involved eliminating or refining some existing MBR
requirements. The resulting reforms were set forth in Order Nos. 816
and 816-A,\16\ and in the Ownership NOPR. In the Ownership NOPR, the
Commission proposed to reduce and clarify the scope of ownership
information that MBR sellers must provide, specifically to eliminate
reporting of comprehensive ownership information required under Order
No. 697-A that is not necessary for the Commission's assessment of
horizontal or vertical market power. Specifically, the Commission
proposed that an MBR seller be required to identify and describe only
two categories of ``affiliate owners'' (i.e., certain owners that meet
the definition of ``affiliate'' in 18 CFR 35.36(a)(9)).\17\ These two
categories are: (1) ``Ultimate affiliate owner(s),'' defined as the
furthest upstream affiliate owner(s) in the ownership chain; and (2)
affiliate owners that have a franchised service area or MBR authority,
or that directly own or control generation; transmission; intrastate
natural gas transportation, storage or distribution facilities; or
physical coal supply sources or ownership of or control over who may
access transportation of coal supplies.\18\
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\16\ Order No. 816, FERC Stats. & Regs. ] 31,374, order on
reh'g, Order No. 816-A, FERC Stats. & Regs. ] 31,382.
\17\ As specified in the Commission's regulations, ``affiliate''
of a specified company means: (i) Any person that directly or
indirectly owns, controls, or holds with power to vote 10 percent of
more of the outstanding voting securities of the specified company;
(ii) Any company 10 percent or more of whose outstanding voting
securities are owned, controlled, or held with power to vote,
directly or indirectly, by the specified company; (iii) Any person
or class or persons that the Commission determines, after
appropriate notice and opportunity for hearing, to stand in such
relation to the specified company that there is liable to be an
absence of arm's-length bargaining in transactions between them as
to make it necessary or appropriate in the public interest or for
the protection of investors or consumers that the person be treated
as an affiliate; and (iv) Any person that is under common control
with the specified company. For purposes of the affiliate definition
in Sec. 35.36(a)(9), owning, controlling or holding with the power
to vote, less than 10 percent of the outstanding voting securities
of a specified company creates a rebuttable presumption of lack of
control. 18 CFR 35.36(a)(9)(v) (2015).
\18\ Ownership NOPR, FERC Stats. & Regs. ] 32,713 at P 9.
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9. The information proposed to be collected under the two separate
NOPRs was different in scope. Commenters to the Connected Entity NOPR
suggested that this incongruity be removed and that the information
proposed in the Ownership NOPR and Connected Entity NOPR be collected
contemporaneously to eliminate the burden of submitting duplicative
information to the Commission.
II. Discussion
10. The Commission appreciates these comments and agrees that
compliance burdens should be minimized where possible. In response, the
Commission considered whether the various reporting requirements needed
for MBR and analytics and surveillance purposes could be combined in
such a way as to eliminate duplication and unnecessary differences,
with the aim of providing the Commission with the information it needs
in the least burdensome manner possible.
11. The result of these efforts is embodied in the instant NOPR. In
this NOPR, we propose to collect certain data for analytics and
surveillance purposes and to change certain aspects of the substance
and format of information submitted for MBR purposes. Specifically,
this NOPR sets out two categories of information submission
requirements: requirements applicable only to MBR sellers (MBR
Information); and requirements applicable to MBR sellers and Virtual/
FTR Participants (Connected Entity Information). Connected Entity
Information would be submitted both by MBR sellers (although not
pursuant to the MBR program), and Virtual/FTR Participants. MBR
Information would be submitted only by MBR sellers. As discussed below,
we propose certain changes to the types of information currently
required for MBR purposes and to the electronic format in which certain
data will be submitted.
12. In this NOPR, we first describe the revised proposals regarding
Connected Entity Information and proposals regarding MBR Information.
Next, we discuss the need and authority for the collection of the
Connected Entity Information as well as the nature of that information.
We then discuss the proposed use of LEIs and discuss confidentiality
and due diligence relating to the submission of Connected Entity
Information. We next propose certain submission requirements for
existing and new Virtual/FTR Participants and a baseline submission
required of existing MBR sellers. Lastly, we propose ongoing Connected
Entity Information submission requirements and ongoing MBR seller
filing requirements.
13. Like the Connected Entity NOPR, this NOPR does not impose any
filing requirements on entities that only sell natural gas.\19\ Also,
like the Connected Entity NOPR, this NOPR proposes that entities that
submit the required data to the Commission obtain and submit an LEI;
however, it does not propose requiring reported Connected Entities or
affiliate owners to obtain LEIs. Additionally, this NOPR proposes that
all Connected Entity Information and most of the MBR Information be
consolidated and submitted electronically into a relational database.
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\19\ Entities that only sell natural gas may, however, be
reported by an MBR seller or Virtual/FTR Participant if they qualify
as Connected Entities under the proposed definition of Connected
Entity.
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14. Specifically, we propose to consolidate the Commission's
collection of certain information for MBR and analytics and
surveillance purposes in a relational database. We propose that the
relational database information be submitted using an extensible markup
language (XML) schema,\20\ which will permit filers to assemble an XML
filing package that includes all of the necessary attachments,
including the cover letter and any related MBR tariffs.
[[Page 51729]]
Upon the receipt of the filing, the XML schema will enable the
Commission to parse \21\ the filed package into its component parts,
place the filed documents into its eLibrary system where appropriate
and provide the metadata \22\ that will permit automated organization
of the filing and permit the Commission to search the relational
database. The mechanics of and formatting for data submission by filers
would be provided on the Commission's Web site.
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\20\ As the Commission previously explained, XML schemas
facilitate the sharing of data across different information systems,
particularly via the Internet, by structuring the data using tags to
identify particular data elements. For example, each filed tariff
change will include tags for the relevant information. The tagged
information can be extracted and separately searched. See Electronic
Tariff Filings, Order No. 714, FERC Stats. & Regs. ] 31,276, at P 12
& n.8 (2008). The Commission currently collects other data,
including Electric Quarterly Reports (EQR) and eTariffs using XML.
See Order No. 714, FERC Stats. & Regs. ] 31,276 (using XML for
eTariff filings); see also Revised Public Utility Filing
Requirements, Order No. 2001, FERC Stats. & Regs. ] 31,127, reh'g
denied, Order No. 2001-A, 100 FERC ] 61,074, reh'g denied, Order No.
2001-B, 100 FERC ] 61,342, order directing filing, Order No. 2001-C,
101 FERC ] 61,314 (2002), order directing filings, Order No. 2001-D,
102 FERC ] 61,334 (2003), order refining filing requirements, Order
No. 2001-E, 105 FERC ] 61,352 (2003), clarification order, Order No.
2001-F, 106 FERC ] 61,060 (2004), order revising filing
requirements, Order No. 2001-G, 120 FERC ] 61,270, order on reh'g
and clarification, Order No. 2001-H, 121 FERC ] 61,289 (2007), Order
revising filing requirements, Order No. 2001-I, FERC Stats. & Regs.
] 31,282 (2008) (using XML for EQRs).
\21\ Parse means to capture the hierarchy of the text in the XML
file and transform it into a form suitable for further processing.
Order No. 714, FERC Stats. & Regs. ] 31,276 at n.9.
\22\ Metadata is data or information beyond or about other data.
For example, in the XML schema for eTariff, one required element is
a proposed effective date and another element is the text of the
tariff provision. The proposed effective date is considered to be
metadata relative to the tariff text. See Order No. 714, FERC Stats.
& Regs. ] 31,276 at P 12 & n.10.
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15. A data dictionary posted on the Commission's Web site would
define the framework, i.e., terms and values, to be followed by users
in submitting MBR and Connected Entity Information for inclusion in the
relational database. The Commission would also post to its Web site any
minor and non-material changes to the data dictionary as necessary and
alert relational database users via email of any changes.\23\ The
current draft of this data dictionary is attached in Attachment D. We
seek comment on the specific content for the relational database as set
forth in the current draft of the data dictionary that is attached. In
addition, Commission staff has been and will continue to conduct
substantial outreach with the industry, including meetings and
technical workshops on the data dictionary and the submittal process. A
notice for the first workshop, which will focus on the draft data
dictionary included as Attachment D, is being issued contemporaneously
with this NOPR.\24\
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\23\ The Commission proposes to utilize the same procedures set
forth in the recently issued order addressing, among other things,
revisions to the EQR Data Dictionary. See Filing Requirements for
Electric Utility Service Agreements, 155 FERC ] 61,280, at P 3
(2016) (``Going forward, consistent with [Sec. ] 35.10b of the
Commission's regulations, future minor or non-material changes to
the reporting requirements and EQR Data Dictionary will be posted
directly to the Commission's Web site, and EQR users will be alerted
via email. This process will enable the Commission to make necessary
minor or non-material changes in a more timely manner. Conversely,
significant changes to the EQR reporting requirements and the EQR
Data Dictionary will be proposed in a Commission order or
rulemaking, which would provide an opportunity for comment.'').
\24\ Notice of Technical Workshop on the Draft Data Dictionary
Attached to the Data Collection for Analytics and Surveillance and
Market-Based Rate Purposes Notice of Proposed Rulemaking, 156 FERC ]
61,045 (2016).
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16. We anticipate that the data dictionary, the XML schema
definition with appropriate validations, and a temporary test
environment will be posted on the Commission Web site upon issuance of
a final rule in this proceeding. In addition, we would also provide an
email portal and other points of contact on the Commission Web site for
filers to seek guidance from Commission staff on the final rule and
technical aspects of making the required submissions.
A. Proposals Regarding Connected Entity Information
17. The Commission received many comments objecting to the scope of
the Connected Entity NOPR. The Commission carefully considered those
comments and substantially clarified and narrowed the definitions
proposed in this NOPR from those proposed in the Connected Entity NOPR.
In addition, the definitions proposed in this NOPR reflect, where
possible, the affiliate definitions found in the MBR regulations. To
better align the Connected Entity Information requirements with the MBR
Information requirements, we propose that the definition of Connected
Entity ownership information be limited to ``affiliates,'' as defined
for purposes of MBR requirements in section 35.36(a)(9) of the
Commission's regulations, that are either: (i) An ``ultimate affiliate
owner'' of the entity, as defined for purposes of MBR requirements in
section 35.37(a)(2); (ii) an entity that participates in Commission-
jurisdictional organized wholesale electric markets; or (iii) an entity
that purchases or sells financial natural gas or electric energy
derivative products that settle off of the price of physical electric
or natural gas energy products. We also propose to replace the category
of ``employees'' proposed in the Connected Entity NOPR with a much
narrower category of ``Trader,'' which we propose to define as ``a
person who makes, or participates in, decisions and/or devises
strategies for buying and selling physical or financial electric or
natural gas energy products.'' In addition, we propose to eliminate
entirely the reporting of debt instruments. We also propose to narrow
and rework the category of contractual Connected Entities reported from
that originally proposed in the Connected Entity NOPR. As narrowed, the
category will refer only to entities that have entered into an
agreement with a submitting entity that ``confers control over an
electric generation asset that is used in, or offered into, wholesale
electric markets.''
18. We also propose a reporting process that would permit, where
possible, unified submissions of both MBR and Connected Entity
Information. Additionally, we propose that, as discussed below, all the
required data be submitted directly to the Commission rather than to
the RTOs and ISOs. This will obviate the need for RTOs and ISOs to act
as middlemen in the collection process, as proposed in the Connected
Entity NOPR, and eliminate the need for multiple RTO/ISO filings for
entities that participate in more than one Commission-jurisdictional
organized wholesale electric market.
19. Because there are separate legal justifications and regulations
for the various data submissions proposed in this NOPR, it is useful to
think of the requirements in two parts: those pertaining to the MBR
program, and those pertaining to analytics and surveillance. As
discussed below, we propose that all MBR sellers largely continue to
submit data under the existing MBR regulations, with certain
modifications proposed in this NOPR.\25\ We further propose that MBR
sellers be required to submit data under the Connected Entity
regulations proposed in this NOPR. We propose that Virtual/FTR
Participants that do not require MBR authority would submit data only
under the Connected Entity regulations proposed in this NOPR. We
propose to require that the XML filing indicate whether a particular
piece of information is submitted for MBR purposes. Undesignated
information would, therefore, be considered as provided pursuant to the
Connected Entity requirements. These indications are necessary to allow
an entity seeking to obtain or retain MBR authority to identify the
specific information necessary to support its requested authorization
consistent with our regulations. Entities that trade solely virtual
instruments and/or FTRs are not required to obtain MBR authority, and
therefore would not be required to submit MBR Information. Therefore,
the only information such entities would need to submit to the
Commission would be that needed for analytics and surveillance
purposes.
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\25\ For a short-hand comparison of the Ownership NOPR and the
Existing MBR Requirements with the current NOPR proposal, see
Attachment A: Comparison of Ownership NOPR and Existing MBR
Requirements with the Current NOPR Proposal.
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20. The Commission believes that entities submitting only Connected
Entity data should be subject to the same candor requirements of
section
[[Page 51730]]
35.41(b) of the Commission's regulations as are MBR sellers. This
regulation requires MBR ``sellers,'' as defined in section 35.36(a)(1)
of the Commission's regulations, to submit accurate, factual, and
complete information in any communication with the Commission,
Commission-approved market monitors, RTOs, and ISOs. Therefore, we
propose to add a new section 35.50(d) that would require the same
candor from Virtual/FTR Participants in any of their communications
with the Commission, Commission-approved market monitors, RTOs, and
ISOs, and jurisdictional transmission providers.\26\
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\26\ In the Connected Entity NOPR, the Commission proposed to
require market participants to certify, on a yearly basis, that
their Connected Entity data is comprehensive and accurate. Connected
Entity NOPR, FERC Stats. & Regs. ] 32,711 at P 30. This NOPR does
not propose to include that requirement.
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B. Proposals Regarding MBR Information
21. The Commission uses a two-part approach when assessing whether
a seller should be granted MBR authority: (1) Whether the seller and
its affiliates lack, or have adequately mitigated, market power in
generation (i.e., horizontal market power); and (2) whether the seller
and its affiliates lack, or have adequately mitigated, market power in
transmission and whether the seller or its affiliates can erect other
barriers to entry (i.e., vertical market power).\27\ In Order No. 697,
the Commission adopted two indicative screens for assessing horizontal
market power: the pivotal supplier screen and the wholesale market
share screen.\28\ The pivotal supplier screen evaluates the MBR
seller's potential to exercise market power based on the seller's
uncommitted capacity at the time of annual peak demand in the relevant
market. The wholesale market share screen measures whether a seller has
a dominant position in the market by analyzing the number of megawatts
(MW) of uncommitted capacity it owns or controls, relative to the
uncommitted capacity of the relevant market.
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\27\ See Order No. 816, FERC Stats. & Regs. ] 31,374 at P 4;
Order No. 697, FERC Stats. & Regs. ] 31,252 at P 399.
\28\ Order No. 697, FERC Stats. & Regs. ] 31,252 at PP 62-63.
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22. With respect to the vertical market power analysis, in cases
where a public utility or its affiliates owns, operates, or controls
transmission facilities, the Commission requires that there be a
Commission-approved Open Access Transmission Tariff (OATT) on file or
that the seller or its applicable affiliate qualifies for waiver of the
OATT requirement.\29\ The Commission also considers an MBR seller's
ability to erect other barriers to entry as part of the vertical market
power analysis.\30\ As such, the Commission requires a seller to
provide a description of its ownership or control of, or affiliation
with an entity that owns or controls, intrastate natural gas
transportation, storage or distribution facilities; and physical coal
supply sources and ownership of or control over who may access
transportation of coal supplies.\31\
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\29\ Id. P 408. See also Kingfisher Wind, LLC, 151 FERC ]
61,276, at PP 26-27 (2015) (providing guidance on how qualified
sellers can claim blanket OATT waiver under Order No. 807 and
demonstrate lack of vertical market power).
\30\ Order No. 697, FERC Stats. & Regs. ] 31,252 at PP 440-451.
\31\ Id. P 447; 18 CFR 35.37(e) (2015). The Commission
previously had also required MBR sellers to describe sites for
generation capacity, but eliminated this requirement in Order No.
816. See Order No. 816, FERC Stats. & Regs. ] 31,274.
---------------------------------------------------------------------------
23. MBR sellers currently are required to submit an asset appendix
in an electronic spreadsheet format listing all generation assets owned
or controlled by the MBR seller and its affiliates, broken out by
balancing authority and geographic region and including, among other
things, the in-service date and certain capacity rating information.
The asset appendix also must reflect all electric transmission and
natural gas intrastate pipelines and/or gas storage facilities owned or
controlled by the MBR seller and its affiliates and the location of
such facilities and include the size of the facility. Finally, in Order
No. 816, the Commission instituted a requirement that the asset
appendix include certain information regarding long-term power purchase
agreements and, in Order No. 816-A, the Commission modified certain
asset appendix reporting requirements.\32\
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\32\ See Order No. 816, FERC Stats. & Regs. ] 31,374 at PP 139-
145, app. B, Asset Appendix; Order No. 816-A, FERC Stats. & Regs. ]
31,382 at PP 58, 61, 63, app. B, Asset Appendix.
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1. Ownership Information
24. In Order No. 697-A, the Commission set forth a requirement that
an MBR seller seeking to obtain or retain MBR authority must identify
all of its upstream owners as well as describe the business activity of
its owners and whether they are involved in the energy industry.
Specifically, footnote 258 of Order No. 697-A states:
A seller seeking market-based rate authority must provide
information regarding its affiliates and its corporate structure or
upstream ownership. To the extent that a seller's owners are
themselves owned by others, the seller seeking to obtain or retain
market-based rate authority must identify those upstream owners.
Sellers must trace upstream ownership until all upstream owners are
identified. Sellers must also identify all affiliates. Finally, an
entity seeking market-based rate authority must describe the
business activities of its owners, stating whether they are in any
way involved in the energy industry.\33\
\33\ Order No. 697-A, FERC Stats. & Regs. ] 31,268 at n.258.
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25. As noted above, a seller seeking MBR authority must show that
it and its affiliates do not have, or have adequately mitigated,
horizontal and vertical market power. Given that information about
owners that do not meet the definition of affiliates under section
35.36(a)(9) is not necessary to evaluate horizontal or vertical market
power, continuing to require information on unaffiliated owners may
create a burden that is unrelated to the Commission's determination
whether a MBR seller qualifies for MBR authority. Thus, the instant
NOPR proposes to revise the requirements of Order No. 697-A such that
MBR sellers would only be required to provide information on certain
``affiliate owners'' (i.e., owners that meet the definition of
``affiliate'' provided in 18 CFR 35.36(a)(9)).\34\ That is, consistent
with the proposal in the Ownership NOPR, we propose that MBR sellers
need to identify only those affiliate owners that either: (1) Are an
``ultimate affiliate owner,'' defined as the furthest upstream
affiliate owner(s) in the ownership chain; or (2) have a franchised
service area or MBR authority, or directly own or control generation;
transmission; intrastate natural gas transportation, storage or
distribution facilities; physical coal supply sources or ownership of
or control over who may access transportation of coal supplies.\35\
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\34\ The Ownership NOPR similarly proposed to limit the
ownership information requirements to information regarding
affiliate owners. See Ownership NOPR, FERC Stats. & Regs. ] 32,713
at P 9.
\35\ See id.
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26. In addition, consistent with the Commission's proposal in the
Ownership NOPR, we propose that, where an MBR seller is directly or
indirectly owned or controlled by a foreign government or any political
subdivision of a foreign government or any corporation which is owned
in whole or in part by such entity, the MBR seller identify such
foreign government, political subdivision, or corporation as part of
its ownership narrative.\36\ This information is useful in protecting
public utility customers against inappropriate cross-subsidization and
affiliate abuse
[[Page 51731]]
concerns possible when controlling interests in a public utility are
held by a foreign government, any political subdivision of a foreign
government, or any corporation which is owned in whole or in part by
such entity. Finally, we also propose, as the Commission did in the
Ownership NOPR, that with respect to any owners that an MBR seller
represents to be passive, the MBR seller affirm in its ownership
narrative that its passive owner(s) own a separate class of securities,
have limited consent rights, do not exercise day-to-day control over
the company, and cannot remove the manager without cause.\37\
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\36\ See Ownership NOPR, FERC Stats. & Regs. ] 32,713 at P 11.
\37\ See Ownership NOPR, FERC Stats. & Regs. ] 32,713 at P 13
(citing AES Creative Resources, LP, 129 FERC ] 61,239 (2009)
(distinguishing between controlling interests and passive investment
interests)).
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27. We believe that limiting the category of owners for which MBR
sellers have to provide information will be less burdensome for the
industry and more useful to the Commission for purposes of determining
whether a seller qualifies for MBR authority. We propose changes to the
regulatory text in section 35.37(a)(2) to implement the changes to the
level of ownership information required and to require that certain
ownership information be provided in a format specified on the
Commission's Web site, so that it can be included in the relational
database.
28. We propose that the first time an entity is identified as an
affiliate owner by an MBR seller in an XML submission, the relational
database will create a unique identifier for that entity. A list of all
of these entities and their associated unique identifiers, along with
limited identifying information (e.g., business address) would be
published on the Commission's Web site. Once a unique identifier is
assigned to an entity, all MBR sellers would be responsible for using
this unique identifier when identifying their affiliate owners in
future XML submissions.\38\ To the extent an MBR seller submits its
relationship with an affiliate owner as privileged under Sec. 388.112
of the Commission's regulations, the MBR seller-affiliate owner
relationship would remain confidential if it qualifies for such
treatment. However, the identity of the affiliate owner and its unique
identifier or LEI (without an indication of its affiliations) would be
included in the public list on the Commission's Web site. We seek
comment on this proposal.
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\38\ If the affiliate owner has an LEI, the MBR seller should
use the LEI as the unique identifier, which would take the place of
a Commission-generated identifier on the published list.
---------------------------------------------------------------------------
29. Once the MBR seller submits all the required affiliate owner
information to the relational database through the XML filing, the
database would be able to generate a corporate organizational chart.
Thus, we also propose to amend Sec. 35.37(a)(2) to remove the
requirement for MBR sellers to submit corporate organizational charts
adopted in Order No. 816.
30. While there will be some increased burden in the short-term
associated with providing ownership information in the relational
database, the reduction of ownership information required to be
reported and the elimination of the corporate organizational chart
requirement represent a net decrease in burden for MBR sellers. We seek
comment on these proposals.
2. Asset Appendix Information
31. Currently, MBR sellers submit in an electronic spreadsheet
format an asset appendix that contains information about long-term firm
purchases and assets that they and all of their affiliates own or
control. We propose to amend this requirement such that, for purposes
of the asset appendix requirement: (i) Information be submitted in XML
format as specified on the Commission's Web site so that it can be
included in the relational database; and (ii) each MBR seller would no
longer report assets owned by its affiliates with MBR authority.\39\
Once an MBR seller identifies its ultimate affiliate owner(s), the
relational database would be able to identify all the affiliates (i.e.,
those with a common upstream owner) with MBR authority (that have each
filed an asset appendix with its own assets) and create an asset
appendix for the MBR seller that includes all of the assets of its
affiliates with MBR authority. That asset appendix would be placed into
eLibrary as part of the MBR seller's filing. For example, Company F's
filing identifies two ultimate affiliate owners, Company A and Company
B. The relational database would recognize that two other MBR sellers,
Company C and Company D, also identify Company A as an ultimate
affiliate owner (making those two companies also affiliates of Company
F) and that Company E has identified Company B as an ultimate affiliate
owner (making Company E another affiliate of Company F). The relational
database would then be able to construct a complete asset appendix for
Company F, which would reflect any and all assets reported by Companies
A, B, C, D, and E, which are all affiliates of Company F. Given the
proposed requirement discussed below that existing MBR sellers make a
baseline informational submission including asset appendix information,
we expect that whenever an MBR seller would need to submit a filing on
which the Commission has to act (e.g., an initial application,
triennial submission, or change in status filing), all of the
information necessary for the relational database to create a complete
asset appendix (i.e., information on affiliates' assets) would exist in
the relational database.
---------------------------------------------------------------------------
\39\ This proposal is specific to the relational database
requirement to provide asset appendix information. This does not
relieve MBR sellers from the requirements to consider and discuss
affiliate assets as part of their horizontal and vertical market
power analyses.
---------------------------------------------------------------------------
32. We believe that this proposed approach would reduce the burden
on MBR sellers given that they would no longer have to submit detailed
information on all of their affiliates' assets. However, we recognize
that an MBR seller's current asset appendix could include assets that
are owned or controlled by an entity that does not have MBR authority,
such as a generating plant owned by an affiliate that only makes sales
under cost-based rates. If that MBR seller does not have a requirement
to submit the information related to the affiliated generating plant
into the relational database, that information could be ``lost.''
Accordingly, for purposes of completeness, we propose to require that
the MBR seller include in its relational database filing any assets
that are owned or controlled by an affiliate that does not have MBR
authority. In that way, these assets would be included in the asset
appendix that the relational database generates for the MBR seller.
33. A potential issue with this proposed approach is that the
filing MBR seller would not be directly responsible for all the
information that is included in its asset appendix; some of the
information that will be used to generate the complete asset appendix
will have been reported by its affiliates. We propose that a filing MBR
seller incorporate by reference its affiliates' most recent relational
database submittals or otherwise acknowledge that the information from
its affiliates' relational database submittals will be included as part
of the MBR seller's asset appendix. We anticipate that MBR sellers (and
the public) will be able to access reports from the relational
database's up-to-date asset information through a Commission-
established interface. Thus, the filing MBR seller would have prior
notice of the asset appendix the relational database would generate and
would be able to note any perceived errors when making its filing.
[[Page 51732]]
In addition, once the relational database generates and reports the MBR
seller's full asset appendix to eLibrary (including information on the
affiliates' assets), the MBR seller could file to amend the asset
appendix posted to eLibrary if the MBR seller believes that the asset
appendix generated by the relational database contains errors.\40\
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\40\ To the extent that an MBR seller believes that its
affiliate has submitted incorrect data, we expect them to work
together to have the correct information submitted into the
relational database. We note that each MBR seller is responsible for
submitting accurate, factual, and complete information to the
Commission.
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34. As noted above, we believe that the approach proposed above in
which an MBR seller reports only its own assets (and those of any
affiliate without MBR authority) would represent an overall decrease in
burden on MBR sellers. However, the Commission is also considering an
alternative approach whereby MBR sellers continue to provide
information on all of their affiliates' assets when submitting asset
appendix information for the relational database. An advantage to this
approach would be that the filer would be submitting all of the
information itself and not having to rely on information submitted by
its affiliates. One disadvantage to this approach is that, to the
extent more than one MBR seller submits information about an asset, the
more recently submitted data would overwrite the earlier-submitted data
in the relational database such that the database would reflect only
the most recently filed information. Thus, if Company A submits a
triennial filing and reports that it sold a 150 MW generating plant
(Plant 1), it would delete that plant from its asset appendix. The
following day, if Company B, an affiliate of Company A, submits a
triennial filing and is unaware of the sale of Plant 1 by Company A,
and it includes Plant 1 in the asset appendix, because the more
recently added information by Company B would ``overwrite'' the
deletion made by Company A, it would appear in the relational database
that Company A still owns Plant 1. While this ``overwrite'' would not
impact the content of MBR sellers' filings, it would be problematic for
the accuracy of the database given that more recently added information
may not always represent the most current or accurate information. For
this reason, we propose the option detailed above whereby each MBR
seller does not report to the relational database the assets owned by
its affiliates with MBR authority. As noted above, the owner of the
facility generally should be the best source for information regarding
its own facility. We seek comment on the proposed approach as well as
the alternative approach.
35. In addition to these proposed changes in the submission of
asset appendix information, we propose four additional discrete changes
to the information required to be reported regarding assets. First, MBR
sellers currently are free to report their generation in the asset
appendix on a facility-wide basis, i.e., they are not required to
report on a unit-specific basis. We propose instead to require that
each generation unit be reported separately for purposes of the
relational database and that MBR sellers report the Plant Name, Plant
Code, Generator ID and Unit Code (if applicable) information from the
Energy Information Agency (EIA) Form EIA-860 database.\41\ The use of
this Form EIA-860 information will ensure that each unit is uniquely
identified, which will enable the relational database to identify when
information is being provided about a generating unit that is already
part of the relational database and reduce duplication of data. While
there may be an initial small increase in burden associated with
transitioning to reporting generation-related information on a unit-
specific basis, we believe that better tracking of which MBR seller
owns or controls each specific unit will improve the Commission's
ability to assess sellers' market power, particularly in cases where
various units at a single facility may be owned or controlled by more
than one seller. This also aligns the Commission's required unit
identifying information with the EIA identifying information,
essentially adopting the EIA nomenclature, which should simplify
regulatory requirements for the industry.
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\41\ The Form EIA-860 data is available on the Internet at
https://www.eia.gov/electricity/data/eia860/.
---------------------------------------------------------------------------
36. Second, we propose that MBR sellers be required to report in
the relational database the ``Telemetered Location: Market/Balancing
Authority Area'' and ``Telemetered Location: Geographic Region'' in
which the unit should be considered for market power purposes when that
location differs from the reported physical location.\42\ Currently,
the asset appendix has columns entitled ``Location: Market/Balancing
Authority Area'' and ``Location: Geographic Region'' where MBR sellers
are expected to provide the physical location of their generation
units. These columns help the Commission match the information in the
asset appendix to the MBR seller's market power analysis. However, some
generation units are considered to be in a different market/balancing
authority area and geographic region for market power purposes than the
market/balancing authority area and geographic region in which they are
physically located (e.g., generation units that are pseudo-tied into a
different balancing authority area). Requiring MBR sellers to report in
the relational database the ``Telemetered Location: Market/Balancing
Authority Area'' and ``Telemetered Location: Geographic Region'' will
ensure that the Commission is able to properly match identified
generation units with the markets/balancing authority areas and
geographic regions in which they are studied in an MBR seller's market
power analysis.
---------------------------------------------------------------------------
\42\ MBR sellers currently are required to report the market/
balancing authority area and region where generation is located. We
propose that such information continue to be reported for purposes
of the relational database.
---------------------------------------------------------------------------
37. Third, we propose to require MBR sellers to include information
on long-term firm sales (i.e., those one year or longer) in their
relational database submissions. This would correspond with the
requirement added in Order No. 816 that MBR sellers provide information
in the asset appendix regarding long-term firm purchases. This
requirement to report sales in addition to purchases will help ensure
that purchasers and sellers report and treat transactions in a
consistent and accurate manner. To the extent that an MBR seller
believes there are any unique qualities of the contract that would not
otherwise be captured by the relational database, the seller is free to
explain this as part of its horizontal market power discussion.
38. Finally, similar to the requirement for reporting generating
units, we propose that, for unit-specific power purchase agreements,
MBR sellers provide the associated Plant Code and Generator ID from the
Form EIA-860 database, which will provide the unique identifier for
that unit.
39. We also propose to eliminate some of the asset information
requirements currently reported in the asset appendix. For example, we
propose that, for purposes of the relational database, MBR sellers no
longer be required to report the size (kV and length) of transmission
facilities and no longer be required to identify specific transmission
facilities. Instead, we propose that MBR sellers only report in the
relational database whether they have transmission facilities covered
by an OATT in a particular balancing authority area and region. With
respect to the natural gas pipeline information currently required to
be reported in the
[[Page 51733]]
list of transmission assets and natural gas intrastate pipelines and
gas storage facilities (transmission list) portion of the asset
appendix, we propose to revise the requirements so that the MBR seller
will only be required to indicate for purposes of the relational
database whether they own natural gas pipelines and storage facilities,
and if so, to identify in which balancing authority area and region
those assets are located. We expect that these proposed changes would
reduce the burden on MBR sellers associated with the transmission list
of the current asset appendix.\43\ We seek comments on these proposals.
---------------------------------------------------------------------------
\43\ We note that although these proposals would reduce the
level of detail currently required to be provided in the asset
appendix about electric transmission and natural gas assets, they do
not affect the descriptive information and representations that MBR
sellers are required to provide for purposes of the vertical market
power analysis under 18 CFR 35.37(d), (e).
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3. Indicative Screen and Other MBR Information
40. As noted above, current Commission regulations at Sec.
35.37(c)(4) require that MBR sellers submit their indicative screens in
an electronic spreadsheet format. We propose to amend that regulation
to require that the indicative screen information instead be submitted
in XML format as specified on the Commission's Web site, which will
enable the information to be included in the relational database. We
anticipate that once an MBR seller submits the required screen
information to the relational database through the XML filing, the
database will format the indicative screens for inclusion in the record
in eLibrary. In this way, the generated indicative screens will be
available for public comment, as part of the MBR seller's filing, and
also be available to the Commission and staff in the relational
database for ease of access and analysis. MBR sellers would still be
required to submit to the Commission all work papers underlying their
indicative screens. Such work papers would be included as an attachment
to the relevant filing. We seek comments on these proposals.
41. The proposed information to be collected from MBR sellers via
the new XML format is detailed in the attached draft data dictionary.
As discussed above, most of this information is already part of a
market-based rate filing, but some of it is new information. The types
of existing MBR information that we propose to require an MBR seller to
submit in XML for inclusion in the relational database include: (i) MBR
seller category status for each region in which the MBR seller has MBR
authority; (ii) markets in which the MBR seller is authorized to sell
ancillary services; (iii) Commission-ordered seller-specific
mitigation, if any; and (iv) whether the MBR seller's MBR authority is
limited to certain balancing authority areas. In addition, we propose
to require MBR sellers to submit two new categories of information in
XML for inclusion in the relational database: (i) The effective date of
the initial grant of market-based rate authority to the MBR seller and
(ii) Connected Entity Information, as explained elsewhere in this NOPR.
42. As discussed above, we propose to amend the Commission's
regulations at Sec. 35.37 to include this additional information being
reported for MBR purposes and to add a new Sec. 35.51 to include a
requirement for MBR sellers to provide Connected Entity Information in
the relational database. We seek comment on these proposed changes.
C. Need and Authority: Analytics and Surveillance
43. In the Connected Entity NOPR, the Commission discussed the
importance to its analytics and surveillance of understanding the
financial and legal connections among market participants and other
entities. The Commission pointed out that screening market activity for
anomalies must include understanding the circumstances surrounding a
given pattern of trading, including the possible motivations for that
behavior, which can sometimes be found in the legal or contractual
relationships entities bear to one another. However, as the Commission
also found, the few existing sources of such relationship information
are inadequate because of scope, format, or timing reasons.\44\ The
Commission therefore believed that it was necessary to obtain such data
from the market participants themselves.
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\44\ Connected Entity NOPR, FERC Stats. & Regs. ] 32,711 at PP
12-14.
---------------------------------------------------------------------------
44. In the instant NOPR, we propose to require the direct
submission of Connected Entity Information not only from MBR sellers
but also from entities that trade solely in virtuals and FTRs. The
Commission has the authority under FPA section 205 to regulate the
practices in which these entities engage insofar as those practices
affect jurisdictional rates. Consequently, as discussed more fully
below, we propose to now require that such entities submit Connected
Entity Information and their LEIs within 30 days of commencing trading
of virtual products or holding FTRs in Commission-jurisdictional
organized markets and then provide ongoing updates to their Connected
Entity Information to the Commission through the relational database.
45. The authority for obtaining Connected Entity data is found, as
described in the Connected Entity NOPR, in the Commission's anti-
manipulation authority under section 222 of the FPA, its investigative
authority under section 307(a) of the FPA, its administrative powers
under section 309 of the FPA, and its inspection and examination
authority under section 301(b) of the FPA, as well as in sections 205
and 206 of the FPA.\45\ Section 205 of the FPA provides that ``[a]ll
rates and charges made, demanded, or received by any public utility for
or in connection with the transmission or sale of electric energy
subject to the jurisdiction of the Commission, and all rules and
regulations affecting or pertaining to such rates or charges, shall be
just and reasonable. . . .'' \46\
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\45\ 16 U.S.C. 824d, 824e, 824v, 825(b), 825f(a), 825h.
\46\ 16 U.S.C. 824d.
---------------------------------------------------------------------------
46. The U.S. Supreme Court recently concluded that sections 205(a)
and 206(a) grant the Commission the authority and the duty to ensure
that the practices directly affecting the rates charged by public
utilities for the sale of electric energy for resale, and the
transmission of electric energy in interstate commerce, are just and
reasonable.\47\ In the organized markets, the locational marginal price
(LMP) for sales of energy, capacity, and ancillary services are
established through markets administered by the RTOs and ISOs, which
are public utilities. Virtual trades directly affect those LMPs, since
they are submitted in the same way and at the same time as all other
bids and offers in the day-ahead market, and are cleared along with
other bids and offers, thus affecting the outcome of the day-ahead
market.\48\ In addition, market participants that hold FTRs may be
incentivized to use physical or virtual transactions to directly affect
LMPs in such a way as to benefit their FTR holdings.\49\ All these
prices must be just
[[Page 51734]]
and reasonable under the Commission's mandate.
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\47\ FERC v. Elec. Power Supply Ass'n, 136 S. Ct. 760 (2016).
\48\ See Cal. Indep. Sys. Operator Corp., 110 FERC ] 61,041, at
P 30 n. 21 (2005).
\49\ See ETRACOM LLC, 155 FERC ] 61,284 (2016) (in which the
Commission found that ETRACOM engaged in a scheme to submit virtual
supply transactions in order to affect power prices and economically
benefit its Congestion Revenue Rights); see also Black Oak Energy,
LLC v. FERC, 725 F.3d 230, 240 (D.C. Cir. 2013) (Black Oak) (``Since
their business interests are purely speculative, FERC explained, the
virtual marketers pose a threat as potential market
manipulators.'').
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47. The Commission has confirmed its jurisdiction to regulate FTRs
under FPA sections 205 and 206 as charges or contracts ``in connection
with'' jurisdictional transmission service and ``affecting'' such
service,\50\ and, in Order No. 697, made note of its monitoring
authority over the RTO/ISO market rules addressing virtual and FTR
transactions and over the market participants engaged in those
transactions.\51\ Moreover, the U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Circuit) has upheld the Commission's
authority to regulate virtual traders as participants in Commission-
regulated wholesale energy markets.\52\ The Commission has held that
virtual trades that affect the price of jurisdictional electricity fall
within its jurisdiction.\53\
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\50\ See, e.g., Cal. Indep. Sys. Operator Corp., 89 FERC ]
61,153 (1999), order on reh'g, 94 FERC ] 61,343 (2001).
\51\ See Order No. 697, FERC Stats. & Regs. ] 31,252 at P 921.
\52\ Black Oak, 725 F.3d 230 at 238-41.
\53\ See, e.g., Coaltrain Energy, L.P., 155 FERC ] 61,204, at PP
247-249 (2016).
---------------------------------------------------------------------------
48. Accordingly, the Commission's authority to require the
submission of Connected Entity Information is unrelated to whether a
given participant in the energy markets is a public utility or not, or
whether it is seeking MBR authority or not. Consequently, the
Commission has the authority to impose reasonable requirements on
entities that solely trade virtuals and hold FTRs as a condition of
participation in those product markets. These requirements include
candor and the disclosure of Connected Entity Information.
49. MBR sellers would also be subject to Connected Entity
reporting. The Commission proposes that FPA section 201(f) entities,
which in the main consist of municipalities and certain cooperatives
(as well as their associated joint action agencies), would not be
included in the reporting requirements. These entities are not subject
to FPA sections 205 and 206; furthermore, due to their financial
structures, they have substantially reduced incentives to commit market
manipulation.\54\
---------------------------------------------------------------------------
\54\ See Dairyland Power Cooperative, 37 FPC 12 (1967)
(discussing the characteristics of certain section 201(f) entities
that distinguish them from privately-owned companies).
---------------------------------------------------------------------------
D. Nature of the Connected Entity Information Submissions
50. Data proposed for submission by entities for the purpose of
analytics and surveillance would be greatly streamlined from that
proposed under the Connected Entity NOPR.\55\ This information would be
submitted both by MBR sellers (although not pursuant to the MBR
program), and Virtual/FTR Participants. The proposed regulatory text
pertaining to the Connected Entity Information, as well as the proposed
regulatory text pertaining to revised MBR requirements, is set out at
the end of this NOPR.
---------------------------------------------------------------------------
\55\ For a short-hand comparison of the Connected Entity NOPR
proposals and the the current NOPR proposal, see Attachment B:
Comparison of Connected Entity NOPR Proposal and Current NOPR
Proposal.
---------------------------------------------------------------------------
51. The Connected Entity Information requirements would be
applicable to MBR sellers and Virtual/FTR Participants. We propose to
define the term ``Virtual/FTR Participants'' as entities that buy,
sell, or bid for virtual instruments or financial transmission or
congestion rights or contracts, or hold such rights or contracts in
organized wholesale electric markets, not including entities defined in
section 201(f) of the FPA. Organized wholesale electric markets would
include ISOs and RTOs as those terms are defined in Sec. 35.46 of the
Commission's regulations. In addition, we propose to use the same
definition for ``Seller'' as in the MBR context and defined in Sec.
35.36(a)(1) of the Commission's regulations. We seek comments on these
proposed definitions. The Commission is also not proposing to require
entities that hold only Auction Revenue Rights to submit Connected
Entity Information, but seeks comment on this aspect of the
proposal.\56\
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\56\ Auction Revenue Rights are entitlements to FTR auction
revenues that are allocated based on historical transmission usage
or the funding of transmission upgrades.
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52. We still propose to use the term ``Connected Entity'' under the
proposed regulations, but the categories of entities included and their
definitions are reduced and narrowed from that proposed in the
Connected Entity NOPR, as described below.
(a) Ownership and control: The proposed regulation would limit
upstream, downstream, and common ownership/control relationship
reporting, to affiliates, as defined in 18 CFR 35.36(a)(9), that are
either: (1) Ultimate affiliate owners of the entity, as defined in 18
CFR 35.37(a)(2), (2) participants in Commission-jurisdictional
organized wholesale electric markets, or (3) entities that purchase or
sell financial natural gas or electric energy derivative products that
settle off of the price of physical electric or natural gas energy
products.
(b) Employees: The proposed regulation would limit reportable
employees or contractors to include only traders, defined as a person
who makes, or participates in, decisions and/or devises strategies for
buying or selling physical or financial Commission-jurisdictional
electric products or physical natural gas.
(c) Debt: The proposed regulation would eliminate the debt
instruments and structured transactions reporting requirement proposed
in the Connected Entity NOPR.
(d) Contracts: The proposed regulation would refine the definition
in the Connected Entity NOPR to require reporting by the filing entity
only of those entities that have entered into an agreement with it that
``confers control over an electric generation asset that is used in, or
offered into, wholesale electric markets.'' Agreements that confer
control are those that grant one of the parties the right to make
trading decisions for an electric generation asset of another party or
to offer an electric generation asset into the wholesale electric
markets.
We seek comment on this proposed definition of Connected Entity. In
particular, we seek comment on the proposed definition of ``trader'' as
used in the Connected Entity definition.
53. We recognize that the agreements that would fall into the
Contracts category of this proposed definition of Connected Entity are
already reported to the Commission in EQR. However, for the Commission
to be able to efficiently use EQR data in lieu of including the
Contracts category of the Connected Entity definition, we would have to
implement changes to how EQRs are filed that would allow staff to
easily pair EQR data with Connected Entity Information. Therefore, as
an alternative to including the Contracts category of the Connected
Entity definition, we are also considering the option of requiring MBR
sellers to include their LEIs in their EQR submissions, which would
facilitate coordination between the two datasets. We request comment
on: (1) The feasibility of this alternative approach; (2) whether this
alternative approach is preferable to inclusion of the Contracts
category of Connected Entity Information; and (3) the burden such a
requirement would impose on MBR sellers.
54. We also propose to require MBR sellers and Virtual/FTR
Participants to provide their Purchaser Seller Entity (PSE) NAESB/OATI
webRegistry Entity Code(s) (PSE ID), if available, as part of their
Connected Entity Information submission. The PSE ID is the entity
identifier that appears in the contract/market paths field of an e-Tag.
The PSE ID would assist the Commission in
[[Page 51735]]
pairing the information submitted pursuant to this NOPR with other
datasets, such as e-Tags.\57\ We are proposing that MBR sellers and
Virtual/FTR Participants who have a PSE ID report that identifier as
part of their Connected Entity Information submissions. However, we are
not proposing that those entities that do not have a PSE ID obtain one.
We seek comment on this proposal.
---------------------------------------------------------------------------
\57\ Availability of E-Tag Information to Commission Staff,
Order No. 771, 77 FR 76367 (Dec. 28, 2012), FERC Stats. & Regs. ]
31,339 (2012), order on reh'g and clarification, 142 FERC ] 61,181
(2013), order on reh'g and clarification, 153FERC ] 61,177 (2015).
---------------------------------------------------------------------------
55. As mentioned above, certain information specified in this NOPR
is sought for the purpose of determining whether MBR authority is to be
granted or retained, while other information is sought for the
Commission's analytics and surveillance. For that reason, the
regulations pertaining to these data submissions are set out in
different regulatory text sections, with the MBR-specific requirements
set out in subpart H of part 35 and the regulatory text for the
Connected Entity Information set out in a new subpart K of part 35.
However, this NOPR proposes coordinating the deadlines for reporting
the two types of data wherever possible, thereby allowing entities that
must submit data under both categories (MBR and Connected Entity) to
combine it in a single submission. As noted above, instructions on the
specific formatting and other technical requirements for these
submissions will be set out on the Commission's Web site. The
Commission will hold substantial outreach meetings with members of the
industry, to determine the most effective, expeditious, and cost-
effective method of structuring these submissions.
E. Legal Entity Identifiers
56. In the Connected Entity NOPR, the Commission discussed its past
dissatisfaction with the available methods for identifying entities
that must make filings with the Commission.\58\ The Commission found
that the information available was often imprecise and out of date and
proposed to require market participants to obtain an LEI, which is
unique to the acquirer. This proposal generally was met with favor in
the comments to the Connected Entity NOPR. In this NOPR, the Commission
proposes requiring that all entities that must make either MBR or
Connected Entity Information filings, obtain and maintain an LEI, and
report it to the Commission in its XML submission for inclusion in the
relational database.
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\58\ Connected Entity NOPR, FERC Stats. & Regs. ] 32,711 at P
24.
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F. Confidentiality and Due Diligence
57. As was the case with data to be collected under the Connected
Entity NOPR, the information received under this proposal for analytics
and surveillance would be treated as non-public and confidential. The
Commission has long experience with maintaining the non-public status
of information used for investigative purposes, and this applies
equally to its analytics and surveillance program. Information
submitted for MBR purposes will be made public via publication in
eLibrary, and potentially through other means, such as the asset
appendix interface discussed above unless confidential treatment is
requested pursuant to the Commission regulations.\59\ Connected Entity
Information would be kept non-public unless the Commission authorized
its release under the provisions of Part 1b of its regulations.\60\
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\59\ See 18 CFR 388.112.
\60\ 18 CFR pt. 1b. The protected nature of the collected
information would not, however, prohibit the Commission from sharing
it on a confidential basis, with market monitors, RTOs and ISOs.
Such sharing was explicitly authorized in Southwest Power Pool,
Inc., 137 FERC ] 61,046, at P 20 (2011).
---------------------------------------------------------------------------
58. The Commission appreciates that when extensive data must be
submitted to a regulatory entity, occasionally some data may, despite
an entity's best efforts to achieve accuracy, turn out to be incomplete
or incorrect. In the case of such inadvertent errors, the Commission's
practice is simply to require that a corrected submittal be made
without sanctions of any kind. The intentional or reckless submittal of
incorrect or misleading information could, however, result in the
imposition of sanctions, including civil penalties, as has occurred in
other contexts.\61\ An entity can protect itself against such a result
by applying due diligence to the retrieval and submission of the
required information.
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\61\ See, e.g., Berkshire Power Company LLC and Power Plant
Management Services LLC, 154 FERC ] 61,259, at PP 15-16 (2016);
Coaltrain Energy, L.P, 155 FERC ] 61,204, at PP 274-287 (2016); City
Power Marketing, LLC and K. Stephen Tsingas, 152 FERC ] 61,012, at P
216 (2015); Constellation Energy Commodities Group, Inc. 145 FERC ]
61,062, at P 5 (2013); Gila River Power, LLC, 141 FERC ] 61,136, at
P 12 (2012).
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G. Filing Requirement for Existing and New Virtual/FTR Participants
\62\
---------------------------------------------------------------------------
\62\ For a short-hand summary of the proposed submission process
for both MBR sellers and Virtual/FTR Participants, see Attachment C:
Proposed Submission Processes for MBR Sellers and Virtual/FTR
Participants.
---------------------------------------------------------------------------
59. We propose to require Virtual/FTR Participants to submit an
Initial Connected Entity Submission, as defined in section 35.50(b), to
engage, or continue to engage, in the virtual and/or FTR markets within
the organized wholesale electric markets. The Initial Connected Entity
Submission would: (i) Contain the ownership, trader, and contract
information set forth in the regulation regarding Connected Entity
Information; and (ii) report its LEI. The Commission would not issue an
order approving the Initial Connected Entity Submission. We propose
that any current Virtual/FTR Participant submit the Initial Connected
Entity Submission within 90 days of the publication of a Final Rule in
the Federal Register. We further propose that, thereafter, any new
Virtual/FTR Participant submit an Initial Connected Entity Submission
within 30 days of commencing trading of virtual or FTR products. For
new Virtual/FTR Participants that commence trading of virtual or FTR
products during the initial 90-day period after publication of the
Final Rule in the Federal Register, the 30-day timeline for submission
of Connected Entity Information would begin to run after the 90 days
has elapsed. To the extent an entity is both an MBR seller and a
Virtual/FTR Participant, we propose that entity follow the submission
deadlines and requirements applicable to MBR sellers. We request
comments on this proposed submission process.
H. Baseline Submission Required of Existing MBR Sellers \63\
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\63\ For a short-hand summary of the proposed submission process
for both MBR sellers and Virtual/FTR Participants, see Attachment C:
Proposed Submission Processes for MBR sellers and Virtual/FTR
Participants.
---------------------------------------------------------------------------
60. In the case of existing MBR sellers, we propose to require each
MBR seller to make a baseline submission that will include both
Connected Entity and MBR Information in order to establish the
relational database.
61. The baseline submission would be due within 90 days of the
publication of a Final Rule in the Federal Register and include:
(i) The Connected Entity Ownership information set forth in the
regulation regarding Connected Entity Information (i.e., affiliates, as
defined in section 35.36(a)(9) of the Commission's regulations, that:
(a) Are ultimate affiliate owners; (b) participate in organized
wholesale electric markets; or (c) purchase or sell financial natural
gas or electric energy derivative products that settle off the price of
electric or natural gas energy products);
(ii) its LEI;
[[Page 51736]]
(iii) the MBR information as set forth in the data dictionary
(i.e., (a) MBR seller category status for each region in which the MBR
seller has MBR authority, (b) markets in which the MBR seller is
authorized ancillary services, (c) mitigation, if any, and (d) whether
the MBR seller has limited the regions in which it has MBR authority);
(iv) MBR Ownership information (i.e., affiliate owners that are:
(a) Ultimate affiliate owners \64\ and (b) affiliate owner that have a
franchised service area or MBR authority or directly own or control
generation; transmission intrastate natural gas transportation, storage
or distribution facilities; physical coal supply sources or ownership
of or control over who may access transportation of coal supplies;
---------------------------------------------------------------------------
\64\ When information, such as ultimate affiliate owner, is
required to be submitted for both MBR and analytics and surveillance
purposes, it should be designated as MBR Information and will be
treated as public information unless the filer specifically requests
non-public treatment in accordance with 18 CFR 388.112.
---------------------------------------------------------------------------
(v) Connected Entity Trader and Contracts information; and
(vi) Asset Appendix information as set forth in the data
dictionary.
MBR sellers should submit current information, even if different
from information included in their most recent MBR filing with the
Commission.
62. This submission is intended to establish a baseline of
information in the relational database, not to evaluate an MBR seller's
MBR authority. Thus, the Commission would not act on the baseline
filing. The information in this baseline submission would not be deemed
accepted or approved by the Commission.
I. Ongoing Connected Entity Information Submission Requirements
63. Thereafter, in the case of both MBR sellers and Virtual/FTR
Participants, changes in connection would be required to be submitted
within 30 days of the change. We propose to define a change in
connection for purposes of updating Connected Entity Information as
occurring when: (i) An entity becomes a Connected Entity of a Seller or
Virtual/FTR Participant; or (ii) an entity ceases to be a Connected
Entity of a Seller or Virtual/FTR Participant. With regard to the
Contracts category of Connected Entity relationships, we propose to
include a de minimis threshold of 100 MW for reporting changes in
connection. Thus, a change in connection related to connections that
are created by an agreement would occur when a Seller or Virtual/FTR
Participant enters into, terminates, or amends an agreement that
results in the parties conferring control of 100 MW or more of the
output of an electric generation asset. We seek comments on this
proposed definition of change in connection and our proposal to include
a 100 MW de minimis threshold for reporting changes of connection
related to the Contracts category.
64. The 30-day time period for submitting changes in connection
corresponds to the time period to report MBR-required changes in
status, thus permitting a single combined filing. For any submissions
required under this NOPR, entities subject to both MBR and Connected
Entity requirements may include both the MBR and Connected Entity
Information in the same format, so long as the time periods for
submission applicable to each category are met.
J. Ongoing MBR Seller Filing Requirements
65. We further propose to revise our regulations to add a new Sec.
35.51 requiring that new MBR sellers, within 30 days of the date of the
issuance of the order granting MBR authority, make a submission of
their: (i) Connected Entity Ownership information, as defined in Sec.
35.49(c)(1); (ii) Trader information, as defined in Sec. 35.49(d)(2);
and (iii) Contract information, as defined in Sec. 35.49(d)(3).
Thereafter, Sellers shall make filings updating this information within
30 days of a change in connection, as defined in section 35.49(e). We
also note that MBR sellers would still be required to make change in
status filings pursuant to Sec. 35.42(a), and would be required to
update other information quarterly, as set forth in the proposed Sec.
35.42(d).
66. We also propose a new Sec. 35.42(d) to require MBR sellers to
update the relational database on a quarterly basis to reflect any
changes to previously-submitted information that did not trigger a
change in status filing under Sec. 35.42(a), a change in connection
submission under the proposed Sec. 35.49(e), or any other MBR-related
filing such as a notice of cancellation of or revision to an MBR tariff
to change an MBR seller's category status.\65\ For example, updates
that would be required include: (1) Retirement of a generation asset;
(2) capacity rating changes to an existing generation asset; \66\ (3)
acquisition of a generation asset that is a reportable asset \67\ but
not required to be reported in a change in status filing; (4) loss of
affiliation with an affiliate owner that has a franchised service area
or MBR authority, or directly owns or controls generation,
transmission, interstate natural gas transportation, storage or
distribution facilities, physical coal supply sources, or ownership of
or control over who may access transportation of coal supplies that
does not trigger a change in connection submission; and (5) changes to
business card information of the Seller or its affiliate owner(s)
(e.g., name of legal entity name, headquarters address, address of
legal formation, Web site, business registry, and business registry
reference number) that will be used as a way to distinguish entities
with similar names and characteristics from one another. In this way,
information in the relational database would be fully updated on a
regular basis while avoiding duplication of other reporting
requirements. To the extent that a Seller needs to make a change in
status filing, change in connection submission, and/or a quarterly
update, it may do so in a single filing to the extent the Commission's
rules on timing of change in status filings and change in connection
are met. That is, a quarterly submission could include the requisite
change in status filing and/or the requisite change in connection
submission so long as it is not made more than 30 days after the
relevant change in status or change in connection event.
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\65\ When making any filing that affects information captured in
the relational database, including a notice of cancellation, MBR
sellers would be required to include an XML file to update the
relational database. See P [65], infra.
\66\ The Commission's change in status regulation regarding
generation-related assets is limited to cumulative net increases of
100 MW or more; thus, not all changes in generation assets create a
change in status filing obligation. See 18 CFR 35.42(a).
\67\ As the Commission clarified in Order No. 816, behind-the-
meter generation and certain qualifying facilities would not be
reportable assets. Order No. 816 FERC Stats. & Regs. ] 31,374 at PP
23, 44 (sellers are not required to include behind-the-meter
generation in their asset appendices, indicative screens, or for
purposes of calculating the change in status threshold; qualifying
facilities that are exempt from FPA section 205 and facilities that
are behind-the-meter facilities do not need to be reported in the
asset appendix or indicative screens).
---------------------------------------------------------------------------
67. Maintaining the accuracy of the database is not only important
to ensure the usefulness of the relational database for the
Commission's analytics and surveillance program, but is also necessary
to generate accurate asset appendices for inclusion in an MBR seller's
MBR filings and organizational charts for use by the Commission. As
described above, the relational database will generate an asset
appendix for the MBR seller based on information that is provided by
its affiliates. The quarterly update requirement will ensure that
[[Page 51737]]
when an MBR seller makes a filing requiring an asset appendix, the
asset appendix generated by the relational database would reflect
current information on its affiliates' assets.\68\ We propose that the
quarterly updates be treated as informational.
---------------------------------------------------------------------------
\68\ Currently, asset appendix information is only provided as
part of initial MBR applications, triennial updated market power
filings, and some notice of change in status filings.
---------------------------------------------------------------------------
68. Other than the changes identified herein, we propose that the
substantive requirements for MBR-related filings (i.e., initial
applications for MBR authority, triennial filings, and change in status
updates) remain the same as that currently in effect. However, such
filings would be made as an XML filing package that includes all of the
necessary attachments, as described above. Similarly, MBR sellers'
notices of cancellation of, or amendments to, their MBR tariffs would
include an XML file to update relevant relational database information,
if any. As noted elsewhere in this NOPR, instructions on the specific
formats and mechanics of such submissions will be included on the
Commission's Web site.
III. Information Collection Statement
69. The collections of information contained in this proposed rule
are being submitted to the Office of Management and Budget (OMB) for
review under section 3507(d) of the Paperwork Reduction Act of 1995, 44
U.S.C. 3507(d). We solicit comments on the Commission's need for this
information, whether the information will have practical utility, the
accuracy of the provided burden estimates, ways to enhance the quality,
utility, and clarity of the information to be collected, and any
suggested methods for minimizing respondents' burden, including the use
of automated information techniques. Respondents subject to the filing
requirements of this proposed rule will not be penalized for failing to
respond to these collections of information unless the collections of
information display a valid OMB control number.
70. The proposed rule will affect MBR sellers and Virtual/FTR
Participants. Burden estimates are provided for each category.\69\
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\69\ The estimated hourly cost (salary plus benefits) provided
in this section are based on the figures for May 2015 posted by the
Bureau of Labor Statistics for the Utilities sector (available at
https://www.bls.gov/oes/current/naics2_22.htm) and updated March 2016
for benefits information (at https://www.bls.gov/news.release/ecec.nr0.htm). The hourly estimates for salary plus benefits are:
Legal (code 23-0000)--$128.94; Computer and mathematical (code 15-
0000)--$60.54; Information systems manager (code 11-3021)--$91.63;
IT security analyst (code 15-1122)--$58.00; Auditing and accounting
(code 13-2011)--$53.78; Information and record clerk (referred to as
administrative work in the body) (code 43-4199)--$37.69.
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71. The Commission recognizes that there will be an initial
implementation burden associated with providing the Commission the
requested data. For example, MBR sellers and Virtual/FTR Participants
will be required to obtain an LEI if they do not already have one.\70\
LEI acquisition is largely administrative with some optional legal
review. We estimate one hour of person-time to acquire an LEI
($42.25),\71\ added to the estimated $250 cost of obtaining the LEI
itself totaling $292.25 in year one. There is also an estimated $150
annual fee for maintaining the LEI, plus the associated one burden hour
for an ongoing annual cost of $192.25. The LEI information may also be
submitted in the FERC-920 (Electric Quarterly Report).
---------------------------------------------------------------------------
\70\ While some other regulators already require that certain
entities obtain an LEI, for the purposes of these estimates, we
assume that no MBR seller or Virtual/FTR Participant already has an
LEI.
\71\ Using the average hourly cost of salary plus benefits
provided above, the following weights were applied to estimate the
average hourly cost of $42.25: ninety-five percent information and
record clerk, five percent legal.
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72. MBR sellers already submit most of the requested information to
the Commission as part of their applications, notices of change in
status and triennial updated market power analyses. For MBR sellers,
the proposed rule enlarges the scope of information to be collected
while also reducing requirements for some existing collections. In year
one, we estimate that the average MBR seller will spend forty to one-
hundred hours collecting and providing this additional information,
with an ongoing burden in subsequent years of thirteen hours.
73. Under the proposed rule, Virtual/FTR Participants will be
required to submit a subset of the information MBR sellers are required
to submit. Because exclusively Virtual/FTR Participants tend to be
smaller than MBR sellers and because the information collected is not
as extensive, we estimate that Virtual/FTR Participants, on average,
will spend twenty hours collecting and providing this information in
year one, with an ongoing burden in subsequent years of eight hours.
74. Some of the ongoing, incremental costs will be incurred by MBR
sellers and Virtual/FTR Participants when they are required to submit
information about certain changes within thirty days of the change.
Based on the current average of change in status filings submitted by
MBR sellers each year, we estimate that ten percent of affected
entities will submit changes on an annual basis.
75. All MBR sellers will incur the cost associated with submitting
quarterly updates to information previously submitted into the
relational database to the extent such changes did not trigger a change
in status or change in connection submission. We estimate that during a
given year, approximately half of the 2,100 MBR sellers will be
required to submit the quarterly report.
The following table summarizes the estimated burden and cost
changes due to the proposed rule: \72\
\72\ Note that the Commission is also proposing decreases in
certain requirements (such as providing organizational charts and a
reduction in the scope of ownership information). Any associated
burden decreases are not included in the table at this time because
the Commission is seeking comment on these changes. However, the EQR
changes we are currently seeking comment on are included in the
table.
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[[Page 51738]]
[GRAPHIC] [TIFF OMITTED] TP04AU16.007
BILLING CODE 6717-01-P
76. The table above contains estimates of the number of MBR sellers
and Virtual/FTR Participants. We estimate that there are 2,100 MBR
sellers based on the number of MBR filings; of those approximately half
are Category 1 in all regions and half are Category 2 in one or more
regions. We estimate 2,000 Virtual/FTR Participants using data
submitted by the RTO/ISOs in accordance with Order No. 760.
Titles: Refinements to Policies and Procedures for Market-Based
Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary
Services by Public Utilities; and Requirements for Sellers and Virtual/
FTR Participants for Analytics and Surveillance Purposes (FERC-919),
and Electric Quarterly Report (FERC-920).
Action: Proposed revisions to existing information collections.
OMB Control Nos.: 1902-0234 (FERC-919) and 1902-0255 (FERC-920).
Respondents for This Rulemaking: MBR sellers and Virtual/FTR
Participants.
Frequency of Information: Initial implementation, compliance
filing, and periodic updates (annually and quarterly).
77. Necessity of Information: The Commission's data collection
requirements and processes must keep pace with market developments and
technological advancements. Collecting and formatting data as discussed
in this NOPR will provide the Commission with the necessary information
to identify and address potential manipulative behavior, better inform
Commission policies and regulations, and generate asset appendices and
organizational charts, all while eliminating duplicative reporting
requirements. The new process will also make the information more
usable and
[[Page 51739]]
accessible to the Commission and its staff in the least burdensome
manner possible.
78. Internal Review: The Commission has made a preliminary
determination that the proposed revisions are necessary in light of
technological advances in data collection processes. The Commission has
assured itself, by means of its internal review, that there is
specific, objective support for the burden estimate associated with the
information requirements.
79. Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
Office of the Executive Director, 888 First Street NE., Washington, DC
20426 [Attention: Ellen Brown, email: DataClearance@ferc.gov, phone:
(202) 502-8663, fax: (202) 273-0873].
80. Comments concerning the information collections proposed in
this NOPR, and the associated burden estimates, should be sent to the
Commission in this docket and may also be sent to the Office of
Management and Budget, Office of Information and Regulatory Affairs,
Washington, DC 20503 [Attention: Desk Officer for the Federal Energy
Regulatory Commission]. For security reasons, comments should be sent
by email to OMB at the following email address:
oira_submission@omb.eop.gov. Please reference FERC-919 and FERC-920 and
OMB Control Nos. 1902-0234 (FERC-919) and 1902-0255 (FERC-920) in your
submission.
IV. Environmental Analysis
81. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\73\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\74\ The actions proposed here fall within a categorical
exclusion in the Commission's regulations, i.e., they involve
information gathering, analysis, and dissemination.\75\ Therefore,
environmental analysis is unnecessary and has not been performed.
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\73\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Regulations Preambles 1986-1990 ] 30,783 (1987).
\74\ Order No. 486, FERC Stats & Regs. ] 30,783.
\75\ 18 CFR 380.4 (2015).
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V. Regulatory Flexibility Act
82. The Regulatory Flexibility Act of 1980 (RFA) \76\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a rule so as to minimize any
significant economic impact on a substantial number of small entities.
The Small Business Administration's (SBA) Office of Size Standards
develops the numerical definition of a small business.\77\ The SBA
revised its size standard for electric utilities (effective January 22,
2014) to a standard based on the number of employees, including
affiliates (from a standard based on megawatt hours).\78\ Under SBA's
current size standards, MBR sellers likely come under one of the
following categories and associated size thresholds: \79\
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\76\ 5 U.S.C. 601-612.
\77\ 13 CFR 121.101.
\78\ SBA Final Rule on ``Small Business Size Standards:
Utilities,'' 78 FR 77343 (Dec. 23, 2013).
\79\ 13 CFR 121.201, Sector 22, Utilities.
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Hydroelectric power generation, at 500 employees
Fossil fuel electric power generation, at 750 employees
Nuclear electric power generation, at 750 employees
Other electric power generation (e.g., solar, wind,
geothermal, biomass, and other), at 250 employees
Electric bulk power transmission and control, at 500
employees
Electric power distribution, at 1,000 employees
Wholesale Trade Agents and Brokers,\80\ at 100 employees
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\80\ The NAICS category 425120 (Wholesale Electronic Markets and
Agents and Brokers, within Subsector 425) covers Power Marketers.
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83. Based on available data, the percentage of small firms affected
by the NOPR is estimated to be at least 78 percent.\81\ We recognize
that the rule will impact small electric utilities, electric power
distribution, electric bulk power transmission and control, and power
marketers and estimate the economic impact below. The economic impact
of this proposed rule is directly related to the size and complexity of
the organization, that is, the more entities to which a company is
related, the more generation assets it owns or controls, the more
traders it employs, and the more market activities in which it
participates, the more information must be reported. Therefore, it is
reasonable to assume that the cost of complying for small entities will
be significantly less than the cost for large ones, and the amount of
information that a small entity will be required to collect, maintain,
and transmit is likely to be small.
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\81\ For the analysis in this NOPR, we are using a conservative
number of 1000 employee threshold to conduct a comprehensive
analysis.
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84. We estimate the cost in year one (including burden hours, plus
cost of acquiring the LEI) for small companies to be $1,273-$6,644. The
annual cost starting in Year 2 (including burden hours, plus cost of
maintaining the LEI) is estimated to be $488-$826. According to SBA
guidance, the determination of significance of impact ``should be seen
as relative to the size of the business, the size of the competitor's
business, and the impact the regulation has on larger competitors.''
\82\ Based on the above analysis, the reporting requirements proposed
in this NOPR should not have a significant economic impact on a
substantial number of small entities.
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\82\ U.S. Small Business Administration, A Guide for Government
Agencies How to Comply with the Regulatory Flexibility Act, May
2012, https://www.sba.gov/sites/default/files/advocacy/rfaguide_0512_0.pdf, p. 18.
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VI. Comment Procedures
85. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due September 19, 2016. Comments must refer to
Docket No. RM16-17-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
86. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at https://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
87. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
88. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
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VII. Document Availability
89. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington DC 20426.
90. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
91. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 35
Electric power rates, Electric utilities, Reporting and
recordkeeping requirements.
By direction of the Commission.
Dated: July 21, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission proposes to amend
part 35 chapter I, title 18, Code of Federal Regulations, as follows.
PART 35--FILING OF RATE SCHEDULES AND TARIFFS
0
1. The authority citation for part 35 continues to read as follows:
Authority: 16 U.S.C. 791a-825r; 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
0
2. Amend Sec. 35.37 by revising paragraph (a)(2) and (c)(4)to read as
follows:
Sec. 35.37 Market power analysis required.
(a) * * *
(2) When submitting a market power analysis, whether as part of an
initial application or an update, a Seller must include a description
of its ownership structure that identifies all ultimate affiliate
owner(s), i.e., the furthest upstream affiliate(s) in the ownership
chain. A Seller must also identify all affiliate owners that have a
franchised service area or market-based rate authority, and all
affiliate owners that directly own or control: generation;
transmission; intrastate natural gas transportation, storage or
distribution facilities; physical coal supply sources or ownership of
or control over who may access transportation of coal supplies. The
term ``affiliate owner'' means any owner of the Seller that is an
affiliate of the Seller as defined in Sec. 35.36(a)(9). The Seller
must also provide a list of assets, certain specified information
regarding affiliate owners, and other required market-based rate
information in an XML schema for input into a relational database
prepared in conformance with the instructions posted on the
Commission's Web site.
* * * * *
(c) * * *
(4) A Seller must provide its horizontal market power screens in an
XML schema for input into the relational database, prepared in
conformance with the instructions posted on the Commission's Web site.
* * * * *
0
3. Amend Sec. 35.42 by:
0
a. Revising paragraphs (a)(2)(iii) and (iv).
0
b. Adding (a)(2)(v).
0
d. Revising paragraph (c).
0
e. Adding paragraph (d).
The revisions and additions read as follows:
Sec. 35.42 Change in status reporting requirement.
(a) * * *
(2) * * *
(iii) Owns, operates or controls transmission facilities;
(iv) Has a franchised service area; or
(v) Is an ultimate affiliate owner, defined as the furthest
upstream affiliate(s) in the ownership chain.
* * * * *
(c) Changes in status must be prepared in conformance with the
instructions posted on the Commission's Web site.
(d) A Seller must report on a quarterly basis any changes to its
previously-submitted relational database information. These submissions
will be made for each of the four calendar quarters of each year, in
accordance with the following schedule: for the period from January 1
through March 31, submit by April 30; for the period from April 1
through June 30, submit by July 31; for the period July 1 through
September 30, submit by October 31; and for the period October 1
through December 31, submit by January 31. The submission must be
prepared in conformance with the instructions posted on the
Commission's Web site.
Appendix A to Subpart H of Part 35 [Removed]
0
4. Remove Appendix A to Subpart H of Part 35.
Appendix B to Subpart H of Part 35 [Removed]
0
5. Remove Appendix B to Subpart H of Part 35.
0
6. Add subpart K to read as follows:
Subpart K--Data Collection Requirements for Sellers and
Participants in Organized Wholesale Electric Markets
Sec.
35.48 Applicability.
35.49 Definitions.
35.50 Requirements for Virtual/FTR Participant.
35.51 Requirements for new Sellers.
Sec. 35.48 Applicability.
This subpart establishes the requirements for Sellers and Virtual/
FTR Participants for the purpose of providing information to the
Commission to conduct surveillance and analysis of the wholesale
electric markets.
Sec. 35.49 Definitions.
As used in this subpart:
(a) Virtual/FTR Participant means an entity that buys, sells, or
bids for virtual instruments or financial transmission or congestion
rights or contracts, or holds such rights or contracts in organized
wholesale electric markets, not including entities defined in section
201(f) of the Federal Power Act.
(b) Seller refers to a Seller as defined in Sec. 35.36(a)(1).
(c) Organized wholesale electric market includes an independent
system operator and a regional transmission organization as those terms
are defined in Sec. 35.46.
(d) Connected Entity is defined as follows:
(1) Ownership. An entity that is an affiliate of a Seller or
Virtual/FTR Participant pursuant to Sec. 35.36(a)(9), and meets one or
more of the following criteria:
(i) Is an ultimate affiliate owner of the Seller or Virtual/FTR
Participant, as defined in Sec. 35.37(a)(2);
(ii) Participates in organized wholesale electric markets; or
(iii) Purchases or sells financial natural gas or electric energy
derivative products that settle off the price of physical electric or
natural gas energy products.
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(2) Traders. Traders employed or engaged by the Seller or Virtual/
FTR Participant. Trader means a person who makes, or participates in,
decisions and/or devises strategies for buying or selling physical or
financial Commission-jurisdictional electric products or physical
natural gas.
(3) Contracts. An entity that has entered into an agreement with a
Seller or Virtual/FTR Participant that confers control over an electric
generation asset that is used in, or offered into, wholesale electric
markets. Agreements that confer control are those that grant one of the
parties the right to make trading decisions for an electric generation
asset of another party or to offer an electric generation asset into
the wholesale electric markets.
(e) Change in connection occurs when:
(1) An entity becomes a Connected Entity of a Seller or Virtual/FTR
Participant as defined in Sec. 35.49(d); or
(2) An entity ceases to be a Connected Entity of a Seller or
Virtual/FTR Participant as defined in Sec. 35.49(d). With regard to
the Contracts category of Connected Entity relationships as described
in Sec. 35.49(d)(3), a change in connection occurs when a Seller or
Virtual/FTR Participant enters into, terminates, or amends an agreement
that results in the parties conferring control of 100 MW or more of the
output of an electric generation asset.
Sec. 35.50 Requirements for Virtual/FTR Participant
(a) Reporting requirement. Virtual/FTR Participant shall acquire a
Legal Entity Identifier designation, obtainable through the Global LEI
System, and identify their Connected Entities to the Commission through
the submission of an XML schema for input into a relational database,
consistent with the instructions posted on the Commission's Web site.
(b) Initial connected entity submission. Virtual/FTR Participants
that do not have market-based rate authority shall make an initial
submission, defined herein as an initial connected entity submission,
within 30 days of commencing participation in an organized wholesale
electric market. The initial connected entity submission shall contain
the Virtual/FTR Participant's ownership information, as defined in
Sec. 35.49(d)(1); trader information, as defined in Sec. 35.49(d)(2);
contract information, as defined in Sec. 35.49(d)(3); and Legal Entity
Identifier designation, obtainable through the Global LEI System.
(c) Ongoing reporting requirement. Virtual/FTR Participants shall
make submissions updating their information within 30 days of a change
of connection, as defined in Sec. 35.49(e).
(d) Communications. Consistent with the requirements imposed on
Sellers in Sec. 35.41(b), Virtual/FTR Participants must provide
accurate and factual information and not submit false or misleading
information, or omit material information, in any communication with
the Commission, Commission-approved market monitors, Commission-
approved regional transmission organizations, Commission-approved
independent system operators, or jurisdictional transmission providers,
unless the Virtual/FTR Participant exercises due diligence to prevent
such occurrences.
Sec. 35.51 Requirements for new Sellers.
Reporting requirement. Within 30 days of the order granting initial
market-based rate authority, Sellers shall provide, through the
submission of an XML schema for input into a relational database
consistent with the instructions posted on the Commission's Web site:
Ownership information, as defined in Sec. 35.49(d)(1); trader
information, as defined in Sec. 35.49(d)(2); and contract information,
as defined in Sec. 35.49(d)(3). Thereafter, Sellers shall make filings
updating their information within 30 days of a change of connection, as
defined in Sec. 35.49(e).
BILLING CODE 6717-01-P
Note: The following attachments A through D will not appear in
the Code of Federal Regulations.
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[FR Doc. 2016-17839 Filed 8-3-16; 8:45 am]
BILLING CODE 6717-01-C
