Filing Requirements for Electric Utility Service Agreements; Electricity Market Transparency; Revisions to Electric Quarterly Report Filing Process; Electric Quarterly Reports, 69731-69739 [2016-23447]

Download as PDF Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 35 [Docket Nos. RM01–8–000, RM10–12–000, RM12–3–000, ER02–2001–000] Filing Requirements for Electric Utility Service Agreements; Electricity Market Transparency; Revisions to Electric Quarterly Report Filing Process; Electric Quarterly Reports Federal Energy Regulatory Commission, Department of Energy. ACTION: Proposed revisions to electric quarterly report reporting requirements. AGENCY: In this document, pursuant to sections 205 and 220 of the Federal Power Act (FPA), the Federal Energy Regulatory Commission (Commission) seeks comments on proposed revisions and clarifications of Electric Quarterly Report (EQR) reporting requirements and corresponding updates to the EQR Data Dictionary. In particular, this document proposes to: Require transmission providers to report ancillary services transaction data, to require filers to submit in the EQR certain tariff-related information that they submit in the e-Tariff system, and to require filers to submit time zone information in connection with transmission capacity reassignment transactions. This document also proposes to clarify how filers should report booked out transactions and seeks comments on issues relating to booked out transactions. DATES: Comments on this proposal are due December 6, 2016. FOR FURTHER INFORMATION CONTACT: Donald Callow (Technical Information), Office of Enforcement, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502–8838. Maria Vouras (Legal Information), Office of Enforcement, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502–8062. SUPPLEMENTARY INFORMATION: 1. In this document, pursuant to sections 205 and 220 of the Federal Power Act,1 the Commission requests comments on proposed revisions and clarifications of certain Electric Quarterly Report (EQR) reporting requirements and corresponding updates to the EQR Data Dictionary. Specifically, the Commission seeks mstockstill on DSK3G9T082PROD with PROPOSALS SUMMARY: 1 16 U.S.C. 824d, 824t. VerDate Sep<11>2014 16:37 Oct 06, 2016 Jkt 241001 comments on whether to: (1) Require transmission providers to report ancillary services transaction data; (2) require filers to submit into the FERC Tariff Reference fields in the EQR certain tariff-related information that they currently submit in the e-Tariff system; and (3) require filers to submit time zone information in connection with transmission capacity reassignment transactions. The Commission also proposes to clarify how booked out transactions should be reported in the EQR. I. Background 2. In Order No. 2001,2 the Commission amended its filing requirements to require companies subject to Commission regulations under FPA section 205 to electronically file EQRs summarizing the contractual terms and conditions in their agreements for all jurisdictional services, including cost-based sales, market-based rate sales, and transmission service, as well as transaction information for short-term and long-term market-based power sales and cost-based power sales. In Order No. 768,3 the Commission, among other things, revised the EQR filing requirement to include non-public utilities 4 with more than a de minimis market presence. 3. On June 16, 2016, the Commission issued an order implementing certain clarifications to the EQR reporting requirements and updating the EQR Data Dictionary.5 Specifically, the June 16 Order clarified reporting requirements related to ‘‘Increment Name’’ and ‘‘Commencement Date of Contract Terms;’’ affirmed the requirement that transmission providers must report transmission-related data in their EQRs; made certain updates to the 2 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 filing, Order No. 2001–D, 102 FERC ¶ 61,334, order refining filing requirements, Order No. 2001–E, 105 FERC ¶ 61,352 (2003), order on clarification, 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). 3 Electricity Market Transparency Provisions of Section 220 of the Federal Power Act, Order No. 768, FERC Stats. & Regs. ¶ 31,336 (2012), order on reh’g, Order No. 768–A, 143 FERC ¶ 61,054 (2013), order on reh’g, Order No. 768–B, 150 FERC ¶ 61,075 (2015). 4 Order No. 768, FERC Stats. & Regs. ¶ 31,336 at P 19. See also 16 U.S.C. 824(f). 5 Filing Requirements for Electric Utility Service Agreements, 155 FERC ¶ 61,280 (2016) (June 16 Order). PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 69731 EQR Data Dictionary; and clarified that future minor or non-material changes to EQR reporting requirements and the EQR Data Dictionary, such as those outlined in the June 16 Order, will be posted directly to the Commission’s Web site and EQR users will be alerted via email of these changes. The June 16 Order further clarified that ‘‘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.’’ 6 4. The Commission proposes to make further revisions and clarifications to the existing EQR reporting requirements based on a review of existing EQR data and reporting practices. Unlike the minor or non-material changes implemented in the June 16 Order, the revisions and clarifications proposed in this document may be more significant for EQR filers to implement. Accordingly, the Commission seeks comments on the revisions and clarifications proposed in this document. II. Discussion A. Ancillary Services Transaction Data 5. In Order No. 888, the Commission adopted six ancillary services to be included in the Open Access Transmission Tariff (OATT).7 The six ancillary services established in Order No. 888 are now offered under the Order No. 890 pro forma OATT. In Order No. 890, the Commission also adopted ‘‘generator imbalance’’ as a new ancillary service.8 6 Id. P 5. 7 Promoting Wholesale Competition Through Open Access Non-discriminatory Transmission Services by Public Utilities; Recovery of Stranded Costs by Public Utilities and Transmitting Utilities, Order No. 888, FERC Stats. & Regs. ¶ 31,036 (1996), order on reh’g, Order No. 888–A, FERC Stats. & Regs. ¶ 31,048 (1997), order on reh’g, Order No. 888–B, 81 FERC 61,248, order on reh’g, Order No. 888–C, 82 FERC ¶ 61,046 (1998), aff’d in relevant part sub nom. Transmission Access Policy Study Group v. FERC, 225 F.3d 667 (D.C. Cir. 2000), aff’d sub nom. New York v. FERC, 535 U.S. 1 (2002). The ancillary services available under the Order No. 888 OATT were Scheduling, System Control and Dispatch (Schedule 1), Reactive Supply and Voltage Control (Schedule 2), Regulation and Frequency Response (Schedule 3), Energy Imbalance (Schedule 4), Operating Reserve–Spinning Reserve (Schedule 5), Operating Reserve–Supplemental Reserve (Schedule 6). 8 Preventing Undue Discrimination and Preference in Transmission Service, Order No. 890, FERC Stats. & Regs. ¶ 31,241, at PP 667–68, order on reh’g, Order No. 890–A, FERC Stats. & Regs. ¶ 31,261 (2007), order on reh’g, Order No. 890–B, 123 FERC ¶ 61,299 (2008), order on reh’g, Order No. 890–C, 126 FERC ¶ 61,228, order on clarification, Order No. 890–D, 129 FERC ¶ 61,126 (2009). E:\FR\FM\07OCP1.SGM 07OCP1 69732 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules mstockstill on DSK3G9T082PROD with PROPOSALS 6. In Order No. 697,9 the Commission revised its standards for market-based rate authority for sales of electric energy, capacity, and ancillary services. Among other things, Order No. 697 addressed the posting and reporting requirements for third-party sellers of ancillary services at market-based rates. In particular, the Commission required third-party sellers of ancillary services at market-based rates to provide information about their ancillary services transactions in the EQR.10 The Commission concluded that the EQR filing requirement for third-party sellers of ancillary services at market-based rates provides an adequate means to monitor ancillary services sales by third parties.11 7. Following the issuance of Order No. 697, in Order No. 2001–I, the Commission clarified that third-party providers of ancillary services must submit information about their ancillary services associated with unbundled sales of transmission services in the Transaction Data section of the EQR, and that information about ancillary services reported by transmission providers should only be reported in the Contract Data section of the EQR.12 The Commission based its clarifications on Order No. 2001, in which the Commission determined that ancillary services transaction data associated with transmission need not be reported when the transmission services are provided on an unbundled basis whereas ancillary services transaction data associated with power sales would need to be reported.13 Accordingly, the Commission revised the EQR Data Dictionary definitions for ancillary services-related product names in Appendix A 14 to state: ‘‘For Contracts, reported if the contract provides for sale of the product. For Transactions, sales 9 Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities, Order No. 697, FERC Stats. & Regs. ¶ 31,252, clarified, 121 FERC ¶ 61,260 (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). 10 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at PP 1057–58. 11 Id. P 1058. 12 Order No. 2001–I, FERC Stats. & Regs. ¶ 31,282 at PP 29–30. 13 Id. P 29 (citing Order No. 2001, FERC Stats. & Regs. 31,127 at P 271). 14 These product names include ‘‘Energy Imbalance,’’ ‘‘Generator Imbalance,’’ ‘‘Regulation & Frequency Response,’’ ‘‘Spinning Reserve,’’ and ‘‘Supplemental Reserve.’’ VerDate Sep<11>2014 16:37 Oct 06, 2016 Jkt 241001 by third-party providers (i.e., nontransmission function) are reported.’’ 15 8. As stated above, unlike third-party providers of ancillary services, which must report information about their ancillary services in both the Contract Data and Transaction Data sections of the EQR, the Commission has required transmission providers to report only information about their ancillary services agreements in the Contract Data section if the contract provides for the sale of the ancillary services product. We propose to require transmission providers to report information about transactions made under their ancillary services agreements in the Transaction Data section of the EQR. Although transmission providers currently report information about their ancillary services agreements, without information about the transactions taking place under those agreements, there is inadequate visibility into the actual sales and rates being charged for ancillary services, especially where transmission providers have increased their reliance on markets to meet their ancillary services obligations. Therefore, we propose to obtain additional information about ancillary services from transmission providers to help the Commission, the public, and the industry determine the actual rates being charged for service under these agreements and to increase price transparency into the wholesale ancillary services markets. In addition, this information would enable the Commission to better evaluate the competitiveness of these markets and strengthen its ability to monitor them. 9. We seek comments on this proposal and on our proposal to revise the definitions of ancillary services-related product names in Appendix A to delete: ‘‘For Transactions, sales by third-party providers (i.e., non-transmission function) are reported.’’ B. FERC Tariff Reference (Field Numbers 19 and 48) 10. The ‘‘FERC Tariff Reference’’ in Field Numbers 19 and 48 must be reported in both the Contract Data and Transaction Data sections of the EQR. Based on a review of EQR data, the tariff-related information submitted in these fields can be inconsistent or inaccurate. As a result, we propose that sellers input in Field Numbers 19 and 48 a subset of the tariff information that sellers currently use to report their tariff-related data in the e-Tariff system. In particular, we propose to require sellers to submit, in Field Numbers 19 and 48, four of the Business Names 15 Order PO 00000 No. 2001–I, FERC Stats. & Regs. ¶ 31,282. Frm 00014 Fmt 4702 Sfmt 4702 associated with their tariff (i.e., Tariff Identifier, Filing Identifier, Tariff Record Identifier, and Option Code) in the same format that they currently provide this data in the e-Tariff system. This approach would allow greater consistency between the tariff designations used by sellers in the EQR and e-Tariff system. We seek comments on this proposal and on our proposal to revise the definitions in Field Numbers 19 and 48 to add: ‘‘The FERC tariff reference must include four of the Business Names currently submitted in the e-Tariff system: Tariff Identifier, Filing Identifier, Tariff Record Identifier, and Option Code.’’ C. Time Zone Field in Contract Data Section 11. In Order No. 768, the Commission eliminated ‘‘Time Zone’’ (previously listed as Field Number 45) from the Contract Data Section of the EQR.16 However, since the issuance of Order No. 768, the Commission has determined that, while time zone information may not be necessary with respect to the contract-related information captured in the Contract Data Section of the EQR, it may be necessary for accurately reporting transmission capacity reassignment transactions, which are reported in the Contract Data Section of the EQR. As a result, the Commission proposes to add options related to time zone information in Field Number 30 in the Contract Data Section of the EQR, and seeks comments on this proposal. D. Booked Out Transactions 12. ‘‘Booked Out Power’’ is a product currently defined in Appendix A of the EQR Data Dictionary as ‘‘[e]nergy or capacity contractually committed bilaterally for delivery but not delivered due to some offsetting or countervailing trade (Transaction only).’’ As stated in Order No. 2001, the power sales that make up book out transactions are typically for the sale for resale of electric energy in interstate commerce.17 The Commission noted that the price, quantity and other agreement details in such agreements are indistinguishable from those in any other power sale agreement and that the agreements obligate the seller to provide power and obligate the buyer to pay the agreed-on prices.18 Furthermore, the Commission noted that such book out transactions plainly affect or relate to those 16 See Order No. 768, FERC Stats. & Regs. ¶ 31,336 at P 121. 17 Order No. 2001, FERC Stats. & Regs. ¶ 31,127 at P 282. 18 Id. E:\FR\FM\07OCP1.SGM 07OCP1 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules 69733 Capacity.’’ ‘‘Booked Out Energy’’ will be defined in Appendix A as: ‘‘Energy contractually committed for delivery but not actually delivered due to some offsetting or countervailing trade (Transaction only).’’ ‘‘Booked Out Capacity’’ will be defined in Appendix A as: ‘‘Capacity contractually committed for delivery but not actually delivered due to some offsetting or countervailing trade (Transaction only).’’ We seek comments on the burden and impact of these proposals. 15. With respect to our proposed clarifications on how EQR filers should report booked out transactions, we note that, in Order No. 2001, the Commission explained that booked out transactions occur ‘‘when the cumulative effect of a number of separate sales between two parties is such that they mutually agree to exchange their obligations to physically deliver power to each other, while maintaining all their other obligations, including payment.’’ 20 In Order No. 2001–A, the Commission also explained that book outs are the offsetting of opposing buy-sell transactions at the same time and place and gave examples of how to report booked out transactions, which involved Company A and Company B.21 16. Some of the inaccuracies or inconsistencies in reporting booked out transactions may stem from filers’ confusion as to whether booked out transactions need only be reported when they involve the same two counterparties rather than multiple parties. The Commission hereby proposes to clarify that booked out transactions must be reported in the EQRs regardless of the number of parties involved in these transactions. In an effort to further clarify which booked out transactions should be reported, we provide the following examples and seek comment on whether they are sufficiently clear. First, we note that a booked out transaction can be set forth as a direct countervailing transaction that occurs when two companies, both of whom are selling physical energy to each other for the same delivery period, mutually agree to exchange their physical delivery obligations to each other, but maintain all of their other obligations, including payment. In practice, this would look like the following: Company A is contractually committed to sell 100 megawatt hours (MWh) to Company B on 5/5/15 from 10:00 a.m. to 11:00 a.m. for $50/MWh. When scheduling and tagging, the scheduler notices that Company B is contractually committed to sell 50 MWh to Company A on 5/5/15 from 10:00 a.m. to 11:00 a.m. for $40/MWh. Because there is no need to pay for transmission of both complete transactions (i.e., 100 MWh from Company A to Company B and 50 MWh from Company B to Company A), Company A and Company B agree to book the overlapping sale out and settle that portion financially. 17. Company A and Company B should report this booked out transaction in the EQR as shown in the table below: 18. Second, a booked out transaction as a curtailment occurs when one company is selling energy to another company and, in real time, the company buying the energy signals the seller to reduce the amount of energy it is providing to the buyer, in exchange for a curtailment payment commensurate with the reduced production. In practice, this would look like the following: Company C is contractually committed to sell 100 MWh to Company D on 5/5/15 from 11:00 a.m. to 12:00 p.m. for $30/MWh. On 5/5/15, just prior to 11:00 a.m., Company C is signaled to curtail its transmission of energy from 11:00 a.m. to 12:00 p.m. from 100 MWh to 50 MWh. Company C will receive a curtailment payment based on its contract with Company D equal to $35/ MWh times the difference between Company C’s curtailed level of production (i.e., 50 MWh) and the level of production it would have otherwise had (100 MWh). Because Company C received payment for 50 MWh of physically scheduled energy which was not delivered, Company C would book out that amount at the contractually set rate of $35/MWh and Company D would not report the transaction in the EQR. 19. Company C should report this transaction as shown in the table below: 19 Id. P 285. VerDate Sep<11>2014 20 Id. 16:37 Oct 06, 2016 Jkt 241001 PO 00000 P 8 n.9 (emphasis added). Frm 00015 Fmt 4702 Sfmt 4702 21 Order E:\FR\FM\07OCP1.SGM No. 2001–A, 100 FERC ¶ 61,074 at P 22. 07OCP1 EP07OC16.007</GPH> mstockstill on DSK3G9T082PROD with PROPOSALS transactions and prices paid for power sales that go to delivery.19 13. Based on a review of EQR data, it appears that submissions related to ‘‘Booked Out Power’’ frequently contain inconsistent or inaccurate information. Without accurate reporting of booked out transactions, it is difficult to determine how much power is being traded compared to how much power is actually being delivered. Moreover, such inconsistencies or inaccuracies in reporting booked out transactions can distort the price and volume information related to power sales that is reported in the EQR. As a result, the Commission proposes to further clarify below what should be considered booked out transactions and provides several examples of how to properly report this information. 14. In addition, we find that, based on the current EQR database configuration, it is not possible to differentiate book outs of energy or capacity because EQR filers do not have the option to distinguish between the two products. As a result, we propose to replace the existing product name ‘‘Booked Out Power’’ in Appendix A of the EQR Data Dictionary with the product names ‘‘Booked Out Energy’’ and ‘‘Booked Out Capacity.’’ Accordingly, if the booked out transaction involves a book out of energy, the EQR filer should report it under the product name ‘‘Booked Out Energy,’’ and if the booked out transaction involves a book out of capacity, the EQR filer should report it under the product name ‘‘Booked Out 69734 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules committed to sell 100 MWh to Company F on 5/5/15 from 12:00 p.m. to 1:00 p.m. for $30/MWh. Company F is contractually committed to sell 50 MWh to Company G on 5/5/15 from 12:00 p.m. to 1:00 p.m. for $30/MWh. Company G is contractually committed to sell 20 MWh to Company E on 5/5/ 15 from 12:00 p.m. to 1:00 p.m. for $30/ MWh. Because there is no need to pay for transmission of each complete transaction (i.e., 100 MWh from Company E to Company F, 50 MWh from Company F to Company G, and 20 MWh from Company G to Company E), they agree to book out and settle the overlapping portion financially. 21. Company E, Company F, and Company G should report this booked out transaction in the EQR as shown in the table below: 22. We also seek comments on whether there are other aspects of booked out transactions that have caused filers confusion and that the Commission should clarify. 24. 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. 25. The proposals in this document will affect public utilities and certain non-public utilities. The proposals would require transmission providers to report ancillary services transaction data; require filers to submit into the FERC Tariff Reference fields in the EQR certain tariff-related information that they currently submit in the e-Tariff system; and require EQR filers to submit time zone information in connection with transmission capacity reassignment transactions. The proposals in this document also clarify how booked out transactions should be reported in the EQR. 26. There are approximately 2,196 public utilities and about 40 non-public utilities that currently file EQRs. About 405 of the 2,196 public utilities only submit data in the ID Data section of the EQR 24 because they have no data to report in the Contract or Transaction Data sections of the EQR. We estimate there are about 266 public utilities and 14 non-public utilities that would be impacted by the proposal to report ancillary service transaction data, based on the number of public utility and nonpublic utility transmission providers that are currently reporting ancillary services in the Contract Data section of the EQR. Of the total 2,196 public utilities, approximately 1,791 have e-Tariffs on file and submit data in the Contract and/or Transaction Data sections of the EQR and would, therefore, be impacted by the proposal to submit additional tariff-related information in their EQRs. Similarly, about 14 non-public utilities have e-Tariffs on file and submit data in the Contract and/or Transaction Data sections of the EQR and would, therefore, be impacted. We also estimate that approximately 29 public utilities mstockstill on DSK3G9T082PROD with PROPOSALS III. Information Collection Statement 23. The Paperwork Reduction Act (PRA) 22 requires each federal agency to seek and obtain Office of Management and Budget (OMB) approval before undertaking a collection of information directed to ten or more persons or contained in a rule of general applicability. OMB regulations 23 require approval of certain information collection requirements imposed by agency rules. Upon approval of a collection of information, OMB will assign an OMB control number and an expiration date. Respondents subject to the filing requirements of these proposals will not be penalized for failing to respond to this collection of information unless the collection of information displays a valid OMB control number. 22 44 23 5 U.S.C. 3501–3520. CFR 1320. VerDate Sep<11>2014 16:37 Oct 06, 2016 Jkt 241001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 24 The ID Data section generally captures contact information identifying the seller company and the agent who prepared the company’s filing, along with the applicable filing quarter. E:\FR\FM\07OCP1.SGM 07OCP1 EP07OC16.008</GPH> EP07OC16.009</GPH> 20. Finally, a booked out transaction known as a daisy chain occurs when there are at least three companies in a chain of energy sales and at least one company appears twice in that chain (e.g., as a seller and as a buyer). It could be considered as an ‘‘indirect countervailing transaction’’ if compared to the direct countervailing transaction. In practice, this would look like the following: Company E is contractually Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules 69735 to require EQR filers to distinguish between and separately report booked out energy and booked out capacity. The Commission previously provided burden and cost estimates for complying with the requirement to report booked out transactions when the requirement was initially set forth in Order No. 2001.26 Four Unique Data Fields Associated with Tariff in e-Tariff,’’ the estimated cost is $53/hour.29 • For ‘‘Reinstating ‘Time Zone’ Field in Contracts,’’ the estimated cost is $61/ hour.30 • For ‘‘Distinguishing Booked Out Transactions,’’ there is no additional ongoing cost. Title: FERC–920, Electric Quarterly Report (EQR). Action: Revision of currently approved collection of information. OMB Control No.: 1902–0255. Respondents: Public Utilities and Certain Non-Public Utilities. Frequency of Information: Initial implementation and quarterly updates. 28. Necessity of Information: The Commission’s EQR reporting requirements must keep pace with market developments and technological advancements. Collecting and formatting data as discussed in this document will provide the Commission with the necessary information to identify and address potential exercises of market power and better inform Commission policies and regulations. 29. 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 25 The estimated hourly cost (salary plus benefits) are based on the figures for May 2015 posted by the Bureau of Labor Statistics for the Utilities sector (available at http://www.bls.gov/oes/current/naics2_ 22.htm) and updated March 2016 for benefits information (at http://www.bls.gov/news.release/ ecec.nr0.htm). The hourly estimates for salary plus benefits are: (a) Legal (code 23–0000), $128.94; (b) Computer and mathematical (code 15–0000), $60.54; (c) Information systems manager (code 11– 3021), $91.63; (d) IT security analyst (code 15– 1122), $58.00; (e) Auditing and accounting (code 13–2011), $53.78; and (f) Information and record clerk (code 43–4199), $37.69. 26 See Order No. 2001, FERC Stats. & Regs. ¶ 31,127 at PP 368–378. 27 This estimate is based on the following percentages (rounded) of time spent: (a) Legal, 12.5%; (b) Computer and mathematical, 37.5%; (c) Information systems manager, 16.7%; (d) IT security analyst, 12.5%; (e) Auditing and accounting, 12.5%; and (f) Information and record clerk, 8.3%. 28 This estimate is based on the following percentages of time spent: (a) Legal, 28.6%; (b) Computer and mathematical, 14.3%; (c) Information systems manager, 14.3%; (d) IT security analyst, 14.3%; (e) Auditing and accounting, 14.3%; and (f) Information and record clerk, 14.3%. 29 This estimate is based on the following percentages (rounded) of time spent: (a) Computer and mathematical, 25%; (b) IT security analyst, 25%; (c) Auditing and accounting, 25%; and (d) Information and record clerk, 25%. 30 This estimate is based on the following percentage of time spent: Computer and mathematical, 100%. VerDate Sep<11>2014 16:37 Oct 06, 2016 Jkt 241001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\07OCP1.SGM 07OCP1 EP07OC16.010</GPH> and booked out capacity and, therefore, would be impacted by the proposal to separately identify and report these transactions. 27. Burden Estimate: The estimated burden and cost 25 for the requirements proposed in this document follow. With respect to the burden and cost estimate associated with booked out transactions, our estimate is limited to the proposal For public and non-public utilities, the hourly cost (rounded, for salary plus benefits) for one-time implementation are computed as follows: • For ‘‘Reporting Ancillary Service Transactions,’’ ‘‘Reporting e-Tariff Data Fields,’’ and ‘‘Reinstating ‘Time Zone’ Field in Contracts,’’ the estimated cost is $71/hour.27 • For ‘‘Distinguishing Booked Out Transactions,’’ the estimated cost is $80/ hour.28 For public and non-public utilities, the ongoing hourly costs (rounded, for salary plus benefits) are computed as follows. • For the ‘‘Reporting Ancillary Service Transactions’’ and ‘‘Submitting mstockstill on DSK3G9T082PROD with PROPOSALS and 3 non-public utilities are currently reporting transmission capacity reassignment transactions and would be affected by the proposal to include the time zone information in connection with these transactions. Finally, we estimate that about 20 public utilities and 5 non-public utilities would need to distinguish between booked out energy 69736 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules is specific, objective support for the burden estimate associated with the information requirements. 30. 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]. 31. Comments concerning the information collections proposed in this document, 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 Office 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–920 and OMB Control No. 1902–0255 (FERC–920) in your submission. IV. Environmental Analysis 32. 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.31 The Commission has categorically excluded certain actions from these requirements as not having a significant effect on the human environment.32 The actions proposed here fall within a categorical exclusion Implementing National Environmental Policy Act of 1969, Order No. 486, FERC Stats. & Regs. ¶ 30,783 (1987). 32 Id. mstockstill on DSK3G9T082PROD with PROPOSALS 31 Regulations VerDate Sep<11>2014 16:37 Oct 06, 2016 Jkt 241001 in the Commission’s regulations, i.e., they involve information gathering, analysis, and dissemination.33 Therefore, environmental analysis is unnecessary and has not been performed. V. Comment Procedures 33. The Commission invites interested persons to submit comments on the matters and issues posted in this document, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due December 6, 2016. Comments must refer to Docket Nos. RM01–8, RM10–12, RM12–3, or ER02– 2001 and must include the commenter’s name, the organization they represent, if applicable, and their address. The Commission encourages comments to be filed electronically via the eFiling link on the Commission’s Web site at http:// 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-toPDF format and not in a scanned format. Commenters filing electronically do not need to make a paper filing. 34. 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. 35. 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. 33 18 PO 00000 Fmt 4702 36. 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 (http:// 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. 37. 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. 38. User assistance is available for eLibrary and the Commission’s Web site during the Commission’s normal business hours from Commission’s Online Support services 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. By direction of the Commission. Issued September 22, 2016. Nathaniel J. Davis, Sr., Deputy Secretary. Attachment—Proposed Revisions to Electric Quarterly Report Data Dictionary BILLING CODE 6717–01–P CFR 380.4 (2016). Frm 00018 VI. Document Availability Sfmt 4702 E:\FR\FM\07OCP1.SGM 07OCP1 mstockstill on DSK3G9T082PROD with PROPOSALS VerDate Sep<11>2014 EQR Data Dictionary Contract Data Field# Field Required Value 19 FERC Tariff Reference ,/ Jkt 241001 lf e-TariffHolder, enter: tariff id:n, filing id:n, record id:n, 02tion code:C, PO 00000 lf e-TariffHolder enter values as e-TariffElement Name:e-TariffElement Value (where n is an integer u2 to 10 digits and C is a character from A-Z) Frm 00019 lf Non-Public Utilitv. ente NPUifNon-Public Utilil.Y, Fmt 4702 W- PrsEI-Hot Type Waffi6 + rn "· ~.- .. n 'J Sfmt 4725 CR - AD - Canacitt Reassignment 30 Product Ty2e Name ,/ CR - AP - Canaci)y Reassignment 30 Product Ty2e Name - ,/ CR - AS - Canaci)y Reassignment 30 Product Ty2e Name ,/ - CR - CD - Ca2acitt Reassignment 30 Product Ty2e Name ,/ - CR - CP - Camci)y Reassignment Product Ty2e Name ,/ - CR - CS - Ca2aci)y Reassignment Product Tyge Name - ,/ CR - ED - Caoocitv Reassignment Product Ty2e Name - ,/ CR - EP - Ca2acitv Reassignment i\R agreemeRt aooer whish a tFansmissisR previ:Eler sells. assi:gHS sr transfers all sr i)Srti:sR sf its rights ts aR ehgffile oastsmer. An agreement under which a transmission 2rovider sells, assign§ or transfers all or 2ortion of its rights to an eligible customer. re2orted in Atlantic Daylight time. An agreement under which a transmission 2rovider sells, assigps or transfers all or 2ortion of its rights to an eligible customer. re2orted in Atlantic Prevailing time. An agreement under which a transmission 2rovider sells, assign§ or transfers all or 2ortion of its rights to an eligible customer. re2orted in Atlantic Standard time. An agreement under which a transmission grovider sells, assigns or transfers all or 2ortion of its rights to an eligible customer. re2orted in Central Daylight time. An agreement under which a transmission 2rovider sells, assign§ or transfers all or 2ortion of its rights to an eligible customer. re2orted in Central Prevailing time. An agreement under which a trdnsmission 2rovider sells, assi~ or transfers all or 2ortion of its rights to an eligible customer. re2orted in Central Standard time. An agreement under which a transmission 2rovider sells, assign§ or transfers all or 2ortion of its rights to an eligible customer. re2orted in Eastern Daylight time. An agreement under which a transmission 2rovider sells, assign§ or transfers all or 2ortion of its rights to an eligible customer. re2orted in Eastern Prevailing time. 69737 ,/ 30 07OCP1 Product Ty2e Name 30 E:\FR\FM\07OCP1.SGM 30 30 EP07OC16.011</GPH> !Example: !tariff id:l filing id:235 record id:5000 ontion code:A Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules 16:37 Oct 06, 2016 Um=estrioteEl te?<t (80 ohafaoters) Definition The FERC tariff reference cites the document that specifies the terms and conditions mder which a Seller is authorized to make transmission sales, power sales or sales of related jurisdictional services at cost-based rates or market-based rates. The FERC tariff reference must include four of the Business Names submitted in the e-Tariff svstem: Tariff Identifier Filing Identifier Tariff Record Identifier. and Ontion Code. Ifthe sales are market-based, the tariff that is specified in the FERC order granting the Seller Market !Based Rate Authority must be listed. If a non-public utility does not have a FERC Tariff !Reference, it should enter ''NPU" for the FERC Tariff Reference. mstockstill on DSK3G9T082PROD with PROPOSALS 69738 VerDate Sep<11>2014 Product Type Name 30 Product Type Name 30 Product Type Name 30 Product Type Name 30 Sfmt 4725 30 PO 00000 Frm 00020 E:\FR\FM\07OCP1.SGM 48 ,/ CR - ES - Capacity Reassignment ,/ CR - MD -Capacity Reassignment - ,/ CR - MP - Capacity Reassignment ,/ CR - MS - Capacity Reassignment ,/ - CR - PD - Capacity Reassignment Product Type Name ,/ CR - PP - Capacity Reassignment Product Type Name ,/ CR - PS - CaPl!city Reassignment FERC Tariff Reference - - - :Ym:estf.ieteEl te~a ~SQ ehafaeters) ,/ 07OCP1 If e-TariffHolder. enter: tariff id:n, filing id:n, record id:n, ogtion code:C, (where n is an integer up to lO digits and C is a character from A-Z) If Non-Public Utilitx, enterNPU EP07OC16.012</GPH> An agreement under which a transmission provider sells, assigm! or transfers all or portion of its rights to an eligible customer, reported in Eastern Standard time. An agreement under which a transmission provider sells, assign§ or transfers all or portion of its rights to an eligible customer, reported in Mountain Daylight time. An agreement under which a transmission provider sells, assigps or transfers all or portion of its rights to an eligible customer, reported in Mountain Prevailing time. An agreement under which a transmission provider sells, assign§ or transfers all or portion of its rights to an eligible customer, reported in Mountain Standard time. An agreement under which a transmission provider sells, assigps or transfers all or portion of its rights to an eligible customer. reported in Pacific Daylight time. An agreement under which a transmission provider sells, assigm! or transfers all or portion of its rights to an eligible customer, reported in Pacific Prevailing time. An agreement under which a transmission grovider sells, assigns or transfers all or portion of its rights to an eligible customer. reported in Pacific Standard time. The FERC tariff reference cites the document that specifies the terms and conditions under which a Seller is authorized to make transmission sales, power sales or sales of related jurisdictional services at cost-based rates or market-based rates. The FERC tariff reference must include four of the Business Names submitted in the e-Tariff system: Tariff Identifier, Filing Identifier, Tariff Record Identifier, and Option Code. If the sales are market-based, the tariff that is specified in the FERC order granting the Seller Market Based Rate Authority must be listed. If a non-public utility does not have a FERC TariffReference, it should enter "NPU" for the FERC Tariff Reference. Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules 30 Jkt 241001 Product Type Name Fmt 4702 16:37 Oct 06, 2016 30 mstockstill on DSK3G9T082PROD with PROPOSALS Product N arne Transaction Product BOOKED OUT CAP A CITY ./ - BOOKED OUT ENERGY ./ Energy contractually committed for deliveJ.Y but not actually delivered due to some offsetting or countervailing trade (Transaction only}. BOOKED OUT PO'.VBR + BOOI'gj' Sf 68fla6ity 6Sffiffi6ffially esmmittsa bilatsmlly fef ElslPiSIJ' bl:lt H:St aetHally aslP.•sfsa Effie ts ssme sffsettiag sf esHRts~·ailiag tmas ET£aasaetisa saly~. PO 00000 Frm 00021 ./ ./ GENERATOR IMBALANCE ./ ./ REGULATION & FREQUENCY RESPONSE ./ ./ SPINNING RESERVE ./ ./ ./ ./ Fmt 4702 ENERGY IMBALANCE SUPPLEMENTAL RESERVE Sfmt 9990 E:\FR\FM\07OCP1.SGM 07OCP1 Service provided when a difference occurs between the scheduled and the actual delivery of energy to a load obligation (Ancillary Service). For Contracts, reported if the contract provides for sale of the product. ¥sf T£ansaetisas, sales by Htiffi fl<lffj' Jlm•Aasfs Ei.s., asa tffiH:smissisa fuH:Gtis~ aFs HlJlsftea. Service provided when a difference occurs between the output of a generator located in the Transmission Provider's Control Area and a delivery schedule from that generator to (1) another Control Area or (2) a load within the Transmission Provider's Control Area over a single hour (Ancillary Service). For Contracts, reported if the contract provides for sale of the product. ¥sf T£aasaetisas, sales by Htiffi fl<lffj' Jlm•Aasfs Ei.s., H:SH: tffiasmissisa fuH:Gtis~ a£e fSJlSftea. Service providing for continuous balancing of resources (generation and interchange) with load, and for maintaining scheduled interconnection frequency by committing on-line generation where output is raised or lowered and by other nongeneration resources capable of providing this service as necessary to follow the moment-by-moment changes in load (Ancillary Service). For Contracts, reported if the contract provides for sale of the product. ¥sf T£aH:saetisas, sales b~ Htiffi fl<lffj Jlm•Aasfs Ei.s., H:SH: tffiH:smissisa fuH:Gtis~ aFs feJlsftea. Unloaded synchronized generating capacity that is il1llllediately responsive to system frequency and that is capable of being loaded in a short time period or nongeneration resources capable of providing this service (Ancillary Service). For Contracts, reported if the contract provides for sale of the product. fief Tmnsaetisas, sales sy HllfEI flai'IJ' JlfSYiEISfS (i.s., H:SH: tmnsmissisa fooetisa) afS fefJSfteEI. Service needed to serve load in the event of a system contingency, available with greater delay than SPINNING RESERVE. This service may be provided by generating units that are on-line but unloaded, by quick-start generation, or by interruptible load or other non-generation resources capable of providing this service (Ancillary Service). For Contracts, reported if the contract provides for sale of the product. ¥sf T£ansaetisns, sales by Hllfa IJarty fJfsviasfs U.s., H:SH: tmasmissisa fuaetis~ afs fSfJSftsa. 69739 EP07OC16.013</GPH> Definition CaQacity contractually committed for de liven: but not actually delivered due to some offsetting or countervailing trade (Transaction only}. Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules Jkt 241001 [FR Doc. 2016–23447 Filed 10–6–16; 8:45 am] 16:37 Oct 06, 2016 BILLING CODE 6717–01–C VerDate Sep<11>2014 .. Contract Product

Agencies

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Proposed Rules]
[Pages 69731-69739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23447]



[[Page 69731]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket Nos. RM01-8-000, RM10-12-000, RM12-3-000, ER02-2001-000]


Filing Requirements for Electric Utility Service Agreements; 
Electricity Market Transparency; Revisions to Electric Quarterly Report 
Filing Process; Electric Quarterly Reports

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Proposed revisions to electric quarterly report reporting 
requirements.

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SUMMARY: In this document, pursuant to sections 205 and 220 of the 
Federal Power Act (FPA), the Federal Energy Regulatory Commission 
(Commission) seeks comments on proposed revisions and clarifications of 
Electric Quarterly Report (EQR) reporting requirements and 
corresponding updates to the EQR Data Dictionary. In particular, this 
document proposes to: Require transmission providers to report 
ancillary services transaction data, to require filers to submit in the 
EQR certain tariff-related information that they submit in the e-Tariff 
system, and to require filers to submit time zone information in 
connection with transmission capacity reassignment transactions. This 
document also proposes to clarify how filers should report booked out 
transactions and seeks comments on issues relating to booked out 
transactions.

DATES: Comments on this proposal are due December 6, 2016.

FOR FURTHER INFORMATION CONTACT:
Donald Callow (Technical Information), Office of Enforcement, Federal 
Energy Regulatory Commission, 888 First Street NE., Washington, DC 
20426, (202) 502-8838.
Maria Vouras (Legal Information), Office of Enforcement, Federal Energy 
Regulatory Commission, 888 First Street NE., Washington, DC 20426, 
(202) 502-8062.

SUPPLEMENTARY INFORMATION:
    1. In this document, pursuant to sections 205 and 220 of the 
Federal Power Act,\1\ the Commission requests comments on proposed 
revisions and clarifications of certain Electric Quarterly Report (EQR) 
reporting requirements and corresponding updates to the EQR Data 
Dictionary. Specifically, the Commission seeks comments on whether to: 
(1) Require transmission providers to report ancillary services 
transaction data; (2) require filers to submit into the FERC Tariff 
Reference fields in the EQR certain tariff-related information that 
they currently submit in the e-Tariff system; and (3) require filers to 
submit time zone information in connection with transmission capacity 
reassignment transactions. The Commission also proposes to clarify how 
booked out transactions should be reported in the EQR.
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    \1\ 16 U.S.C. 824d, 824t.
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I. Background

    2. In Order No. 2001,\2\ the Commission amended its filing 
requirements to require companies subject to Commission regulations 
under FPA section 205 to electronically file EQRs summarizing the 
contractual terms and conditions in their agreements for all 
jurisdictional services, including cost-based sales, market-based rate 
sales, and transmission service, as well as transaction information for 
short-term and long-term market-based power sales and cost-based power 
sales. In Order No. 768,\3\ the Commission, among other things, revised 
the EQR filing requirement to include non-public utilities \4\ with 
more than a de minimis market presence.
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    \2\ 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 filing, Order No. 2001-D, 102 FERC ] 61,334, order 
refining filing requirements, Order No. 2001-E, 105 FERC ] 61,352 
(2003), order on clarification, 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).
    \3\ Electricity Market Transparency Provisions of Section 220 of 
the Federal Power Act, Order No. 768, FERC Stats. & Regs. ] 31,336 
(2012), order on reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013), 
order on reh'g, Order No. 768-B, 150 FERC ] 61,075 (2015).
    \4\ Order No. 768, FERC Stats. & Regs. ] 31,336 at P 19. See 
also 16 U.S.C. 824(f).
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    3. On June 16, 2016, the Commission issued an order implementing 
certain clarifications to the EQR reporting requirements and updating 
the EQR Data Dictionary.\5\ Specifically, the June 16 Order clarified 
reporting requirements related to ``Increment Name'' and ``Commencement 
Date of Contract Terms;'' affirmed the requirement that transmission 
providers must report transmission-related data in their EQRs; made 
certain updates to the EQR Data Dictionary; and clarified that future 
minor or non-material changes to EQR reporting requirements and the EQR 
Data Dictionary, such as those outlined in the June 16 Order, will be 
posted directly to the Commission's Web site and EQR users will be 
alerted via email of these changes. The June 16 Order further clarified 
that ``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.'' \6\
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    \5\ Filing Requirements for Electric Utility Service Agreements, 
155 FERC ] 61,280 (2016) (June 16 Order).
    \6\ Id. P 5.
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    4. The Commission proposes to make further revisions and 
clarifications to the existing EQR reporting requirements based on a 
review of existing EQR data and reporting practices. Unlike the minor 
or non-material changes implemented in the June 16 Order, the revisions 
and clarifications proposed in this document may be more significant 
for EQR filers to implement. Accordingly, the Commission seeks comments 
on the revisions and clarifications proposed in this document.

II. Discussion

A. Ancillary Services Transaction Data

    5. In Order No. 888, the Commission adopted six ancillary services 
to be included in the Open Access Transmission Tariff (OATT).\7\ The 
six ancillary services established in Order No. 888 are now offered 
under the Order No. 890 pro forma OATT. In Order No. 890, the 
Commission also adopted ``generator imbalance'' as a new ancillary 
service.\8\
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    \7\ Promoting Wholesale Competition Through Open Access Non-
discriminatory Transmission Services by Public Utilities; Recovery 
of Stranded Costs by Public Utilities and Transmitting Utilities, 
Order No. 888, FERC Stats. & Regs. ] 31,036 (1996), order on reh'g, 
Order No. 888-A, FERC Stats. & Regs. ] 31,048 (1997), order on 
reh'g, Order No. 888-B, 81 FERC 61,248, order on reh'g, Order No. 
888-C, 82 FERC ] 61,046 (1998), aff'd in relevant part sub nom. 
Transmission Access Policy Study Group v. FERC, 225 F.3d 667 (D.C. 
Cir. 2000), aff'd sub nom. New York v. FERC, 535 U.S. 1 (2002). The 
ancillary services available under the Order No. 888 OATT were 
Scheduling, System Control and Dispatch (Schedule 1), Reactive 
Supply and Voltage Control (Schedule 2), Regulation and Frequency 
Response (Schedule 3), Energy Imbalance (Schedule 4), Operating 
Reserve-Spinning Reserve (Schedule 5), Operating Reserve-
Supplemental Reserve (Schedule 6).
    \8\ Preventing Undue Discrimination and Preference in 
Transmission Service, Order No. 890, FERC Stats. & Regs. ] 31,241, 
at PP 667-68, order on reh'g, Order No. 890-A, FERC Stats. & Regs. ] 
31,261 (2007), order on reh'g, Order No. 890-B, 123 FERC ] 61,299 
(2008), order on reh'g, Order No. 890-C, 126 FERC ] 61,228, order on 
clarification, Order No. 890-D, 129 FERC ] 61,126 (2009).

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[[Page 69732]]

    6. In Order No. 697,\9\ the Commission revised its standards for 
market-based rate authority for sales of electric energy, capacity, and 
ancillary services. Among other things, Order No. 697 addressed the 
posting and reporting requirements for third-party sellers of ancillary 
services at market-based rates. In particular, the Commission required 
third-party sellers of ancillary services at market-based rates to 
provide information about their ancillary services transactions in the 
EQR.\10\ The Commission concluded that the EQR filing requirement for 
third-party sellers of ancillary services at market-based rates 
provides an adequate means to monitor ancillary services sales by third 
parties.\11\
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    \9\ Market-Based Rates for Wholesale Sales of Electric Energy, 
Capacity and Ancillary Services by Public Utilities, Order No. 697, 
FERC Stats. & Regs. ] 31,252, clarified, 121 FERC ] 61,260 (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).
    \10\ Order No. 697, FERC Stats. & Regs. ] 31,252 at PP 1057-58.
    \11\ Id. P 1058.
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    7. Following the issuance of Order No. 697, in Order No. 2001-I, 
the Commission clarified that third-party providers of ancillary 
services must submit information about their ancillary services 
associated with unbundled sales of transmission services in the 
Transaction Data section of the EQR, and that information about 
ancillary services reported by transmission providers should only be 
reported in the Contract Data section of the EQR.\12\ The Commission 
based its clarifications on Order No. 2001, in which the Commission 
determined that ancillary services transaction data associated with 
transmission need not be reported when the transmission services are 
provided on an unbundled basis whereas ancillary services transaction 
data associated with power sales would need to be reported.\13\ 
Accordingly, the Commission revised the EQR Data Dictionary definitions 
for ancillary services-related product names in Appendix A \14\ to 
state: ``For Contracts, reported if the contract provides for sale of 
the product. For Transactions, sales by third-party providers (i.e., 
non-transmission function) are reported.'' \15\
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    \12\ Order No. 2001-I, FERC Stats. & Regs. ] 31,282 at PP 29-30.
    \13\ Id. P 29 (citing Order No. 2001, FERC Stats. & Regs. 31,127 
at P 271).
    \14\ These product names include ``Energy Imbalance,'' 
``Generator Imbalance,'' ``Regulation & Frequency Response,'' 
``Spinning Reserve,'' and ``Supplemental Reserve.''
    \15\ Order No. 2001-I, FERC Stats. & Regs. ] 31,282.
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    8. As stated above, unlike third-party providers of ancillary 
services, which must report information about their ancillary services 
in both the Contract Data and Transaction Data sections of the EQR, the 
Commission has required transmission providers to report only 
information about their ancillary services agreements in the Contract 
Data section if the contract provides for the sale of the ancillary 
services product. We propose to require transmission providers to 
report information about transactions made under their ancillary 
services agreements in the Transaction Data section of the EQR. 
Although transmission providers currently report information about 
their ancillary services agreements, without information about the 
transactions taking place under those agreements, there is inadequate 
visibility into the actual sales and rates being charged for ancillary 
services, especially where transmission providers have increased their 
reliance on markets to meet their ancillary services obligations. 
Therefore, we propose to obtain additional information about ancillary 
services from transmission providers to help the Commission, the 
public, and the industry determine the actual rates being charged for 
service under these agreements and to increase price transparency into 
the wholesale ancillary services markets. In addition, this information 
would enable the Commission to better evaluate the competitiveness of 
these markets and strengthen its ability to monitor them.
    9. We seek comments on this proposal and on our proposal to revise 
the definitions of ancillary services-related product names in Appendix 
A to delete: ``For Transactions, sales by third-party providers (i.e., 
non-transmission function) are reported.''

B. FERC Tariff Reference (Field Numbers 19 and 48)

    10. The ``FERC Tariff Reference'' in Field Numbers 19 and 48 must 
be reported in both the Contract Data and Transaction Data sections of 
the EQR. Based on a review of EQR data, the tariff-related information 
submitted in these fields can be inconsistent or inaccurate. As a 
result, we propose that sellers input in Field Numbers 19 and 48 a 
subset of the tariff information that sellers currently use to report 
their tariff-related data in the e-Tariff system. In particular, we 
propose to require sellers to submit, in Field Numbers 19 and 48, four 
of the Business Names associated with their tariff (i.e., Tariff 
Identifier, Filing Identifier, Tariff Record Identifier, and Option 
Code) in the same format that they currently provide this data in the 
e-Tariff system. This approach would allow greater consistency between 
the tariff designations used by sellers in the EQR and e-Tariff system. 
We seek comments on this proposal and on our proposal to revise the 
definitions in Field Numbers 19 and 48 to add: ``The FERC tariff 
reference must include four of the Business Names currently submitted 
in the e-Tariff system: Tariff Identifier, Filing Identifier, Tariff 
Record Identifier, and Option Code.''

C. Time Zone Field in Contract Data Section

    11. In Order No. 768, the Commission eliminated ``Time Zone'' 
(previously listed as Field Number 45) from the Contract Data Section 
of the EQR.\16\ However, since the issuance of Order No. 768, the 
Commission has determined that, while time zone information may not be 
necessary with respect to the contract-related information captured in 
the Contract Data Section of the EQR, it may be necessary for 
accurately reporting transmission capacity reassignment transactions, 
which are reported in the Contract Data Section of the EQR. As a 
result, the Commission proposes to add options related to time zone 
information in Field Number 30 in the Contract Data Section of the EQR, 
and seeks comments on this proposal.
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    \16\ See Order No. 768, FERC Stats. & Regs. ] 31,336 at P 121.
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D. Booked Out Transactions

    12. ``Booked Out Power'' is a product currently defined in Appendix 
A of the EQR Data Dictionary as ``[e]nergy or capacity contractually 
committed bilaterally for delivery but not delivered due to some 
offsetting or countervailing trade (Transaction only).'' As stated in 
Order No. 2001, the power sales that make up book out transactions are 
typically for the sale for resale of electric energy in interstate 
commerce.\17\ The Commission noted that the price, quantity and other 
agreement details in such agreements are indistinguishable from those 
in any other power sale agreement and that the agreements obligate the 
seller to provide power and obligate the buyer to pay the agreed-on 
prices.\18\ Furthermore, the Commission noted that such book out 
transactions plainly affect or relate to those

[[Page 69733]]

transactions and prices paid for power sales that go to delivery.\19\
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    \17\ Order No. 2001, FERC Stats. & Regs. ] 31,127 at P 282.
    \18\ Id.
    \19\ Id. P 285.
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    13. Based on a review of EQR data, it appears that submissions 
related to ``Booked Out Power'' frequently contain inconsistent or 
inaccurate information. Without accurate reporting of booked out 
transactions, it is difficult to determine how much power is being 
traded compared to how much power is actually being delivered. 
Moreover, such inconsistencies or inaccuracies in reporting booked out 
transactions can distort the price and volume information related to 
power sales that is reported in the EQR. As a result, the Commission 
proposes to further clarify below what should be considered booked out 
transactions and provides several examples of how to properly report 
this information.
    14. In addition, we find that, based on the current EQR database 
configuration, it is not possible to differentiate book outs of energy 
or capacity because EQR filers do not have the option to distinguish 
between the two products. As a result, we propose to replace the 
existing product name ``Booked Out Power'' in Appendix A of the EQR 
Data Dictionary with the product names ``Booked Out Energy'' and 
``Booked Out Capacity.'' Accordingly, if the booked out transaction 
involves a book out of energy, the EQR filer should report it under the 
product name ``Booked Out Energy,'' and if the booked out transaction 
involves a book out of capacity, the EQR filer should report it under 
the product name ``Booked Out Capacity.'' ``Booked Out Energy'' will be 
defined in Appendix A as: ``Energy contractually committed for delivery 
but not actually delivered due to some offsetting or countervailing 
trade (Transaction only).'' ``Booked Out Capacity'' will be defined in 
Appendix A as: ``Capacity contractually committed for delivery but not 
actually delivered due to some offsetting or countervailing trade 
(Transaction only).'' We seek comments on the burden and impact of 
these proposals.
    15. With respect to our proposed clarifications on how EQR filers 
should report booked out transactions, we note that, in Order No. 2001, 
the Commission explained that booked out transactions occur ``when the 
cumulative effect of a number of separate sales between two parties is 
such that they mutually agree to exchange their obligations to 
physically deliver power to each other, while maintaining all their 
other obligations, including payment.'' \20\ In Order No. 2001-A, the 
Commission also explained that book outs are the offsetting of opposing 
buy-sell transactions at the same time and place and gave examples of 
how to report booked out transactions, which involved Company A and 
Company B.\21\
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    \20\ Id. P 8 n.9 (emphasis added).
    \21\ Order No. 2001-A, 100 FERC ] 61,074 at P 22.
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    16. Some of the inaccuracies or inconsistencies in reporting booked 
out transactions may stem from filers' confusion as to whether booked 
out transactions need only be reported when they involve the same two 
counterparties rather than multiple parties. The Commission hereby 
proposes to clarify that booked out transactions must be reported in 
the EQRs regardless of the number of parties involved in these 
transactions. In an effort to further clarify which booked out 
transactions should be reported, we provide the following examples and 
seek comment on whether they are sufficiently clear. First, we note 
that a booked out transaction can be set forth as a direct 
countervailing transaction that occurs when two companies, both of whom 
are selling physical energy to each other for the same delivery period, 
mutually agree to exchange their physical delivery obligations to each 
other, but maintain all of their other obligations, including payment. 
In practice, this would look like the following: Company A is 
contractually committed to sell 100 megawatt hours (MWh) to Company B 
on 5/5/15 from 10:00 a.m. to 11:00 a.m. for $50/MWh. When scheduling 
and tagging, the scheduler notices that Company B is contractually 
committed to sell 50 MWh to Company A on 5/5/15 from 10:00 a.m. to 
11:00 a.m. for $40/MWh. Because there is no need to pay for 
transmission of both complete transactions (i.e., 100 MWh from Company 
A to Company B and 50 MWh from Company B to Company A), Company A and 
Company B agree to book the overlapping sale out and settle that 
portion financially.
    17. Company A and Company B should report this booked out 
transaction in the EQR as shown in the table below:
[GRAPHIC] [TIFF OMITTED] TP07OC16.007

    18. Second, a booked out transaction as a curtailment occurs when 
one company is selling energy to another company and, in real time, the 
company buying the energy signals the seller to reduce the amount of 
energy it is providing to the buyer, in exchange for a curtailment 
payment commensurate with the reduced production. In practice, this 
would look like the following: Company C is contractually committed to 
sell 100 MWh to Company D on 5/5/15 from 11:00 a.m. to 12:00 p.m. for 
$30/MWh. On 5/5/15, just prior to 11:00 a.m., Company C is signaled to 
curtail its transmission of energy from 11:00 a.m. to 12:00 p.m. from 
100 MWh to 50 MWh. Company C will receive a curtailment payment based 
on its contract with Company D equal to $35/MWh times the difference 
between Company C's curtailed level of production (i.e., 50 MWh) and 
the level of production it would have otherwise had (100 MWh). Because 
Company C received payment for 50 MWh of physically scheduled energy 
which was not delivered, Company C would book out that amount at the 
contractually set rate of $35/MWh and Company D would not report the 
transaction in the EQR.
    19. Company C should report this transaction as shown in the table 
below:

[[Page 69734]]

[GRAPHIC] [TIFF OMITTED] TP07OC16.008

    20. Finally, a booked out transaction known as a daisy chain occurs 
when there are at least three companies in a chain of energy sales and 
at least one company appears twice in that chain (e.g., as a seller and 
as a buyer). It could be considered as an ``indirect countervailing 
transaction'' if compared to the direct countervailing transaction. In 
practice, this would look like the following: Company E is 
contractually committed to sell 100 MWh to Company F on 5/5/15 from 
12:00 p.m. to 1:00 p.m. for $30/MWh. Company F is contractually 
committed to sell 50 MWh to Company G on 5/5/15 from 12:00 p.m. to 1:00 
p.m. for $30/MWh. Company G is contractually committed to sell 20 MWh 
to Company E on 5/5/15 from 12:00 p.m. to 1:00 p.m. for $30/MWh. 
Because there is no need to pay for transmission of each complete 
transaction (i.e., 100 MWh from Company E to Company F, 50 MWh from 
Company F to Company G, and 20 MWh from Company G to Company E), they 
agree to book out and settle the overlapping portion financially.
    21. Company E, Company F, and Company G should report this booked 
out transaction in the EQR as shown in the table below:
[GRAPHIC] [TIFF OMITTED] TP07OC16.009

    22. We also seek comments on whether there are other aspects of 
booked out transactions that have caused filers confusion and that the 
Commission should clarify.

III. Information Collection Statement

    23. The Paperwork Reduction Act (PRA) \22\ requires each federal 
agency to seek and obtain Office of Management and Budget (OMB) 
approval before undertaking a collection of information directed to ten 
or more persons or contained in a rule of general applicability. OMB 
regulations \23\ require approval of certain information collection 
requirements imposed by agency rules. Upon approval of a collection of 
information, OMB will assign an OMB control number and an expiration 
date. Respondents subject to the filing requirements of these proposals 
will not be penalized for failing to respond to this collection of 
information unless the collection of information displays a valid OMB 
control number.
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    \22\ 44 U.S.C. 3501-3520.
    \23\ 5 CFR 1320.
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    24. 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.
    25. The proposals in this document will affect public utilities and 
certain non-public utilities. The proposals would require transmission 
providers to report ancillary services transaction data; require filers 
to submit into the FERC Tariff Reference fields in the EQR certain 
tariff-related information that they currently submit in the e-Tariff 
system; and require EQR filers to submit time zone information in 
connection with transmission capacity reassignment transactions. The 
proposals in this document also clarify how booked out transactions 
should be reported in the EQR.
    26. There are approximately 2,196 public utilities and about 40 
non-public utilities that currently file EQRs. About 405 of the 2,196 
public utilities only submit data in the ID Data section of the EQR 
\24\ because they have no data to report in the Contract or Transaction 
Data sections of the EQR. We estimate there are about 266 public 
utilities and 14 non-public utilities that would be impacted by the 
proposal to report ancillary service transaction data, based on the 
number of public utility and non-public utility transmission providers 
that are currently reporting ancillary services in the Contract Data 
section of the EQR. Of the total 2,196 public utilities, approximately 
1,791 have e-Tariffs on file and submit data in the Contract and/or 
Transaction Data sections of the EQR and would, therefore, be impacted 
by the proposal to submit additional tariff-related information in 
their EQRs. Similarly, about 14 non-public utilities have e-Tariffs on 
file and submit data in the Contract and/or Transaction Data sections 
of the EQR and would, therefore, be impacted. We also estimate that 
approximately 29 public utilities

[[Page 69735]]

and 3 non-public utilities are currently reporting transmission 
capacity reassignment transactions and would be affected by the 
proposal to include the time zone information in connection with these 
transactions. Finally, we estimate that about 20 public utilities and 5 
non-public utilities would need to distinguish between booked out 
energy and booked out capacity and, therefore, would be impacted by the 
proposal to separately identify and report these transactions.
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    \24\ The ID Data section generally captures contact information 
identifying the seller company and the agent who prepared the 
company's filing, along with the applicable filing quarter.
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    27. Burden Estimate: The estimated burden and cost \25\ for the 
requirements proposed in this document follow. With respect to the 
burden and cost estimate associated with booked out transactions, our 
estimate is limited to the proposal to require EQR filers to 
distinguish between and separately report booked out energy and booked 
out capacity. The Commission previously provided burden and cost 
estimates for complying with the requirement to report booked out 
transactions when the requirement was initially set forth in Order No. 
2001.\26\
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    \25\ The estimated hourly cost (salary plus benefits) are based 
on the figures for May 2015 posted by the Bureau of Labor Statistics 
for the Utilities sector (available at http://www.bls.gov/oes/current/naics2_22.htm) and updated March 2016 for benefits 
information (at http://www.bls.gov/news.release/ecec.nr0.htm). The 
hourly estimates for salary plus benefits are: (a) Legal (code 23-
0000), $128.94; (b) Computer and mathematical (code 15-0000), 
$60.54; (c) Information systems manager (code 11-3021), $91.63; (d) 
IT security analyst (code 15-1122), $58.00; (e) Auditing and 
accounting (code 13-2011), $53.78; and (f) Information and record 
clerk (code 43-4199), $37.69.
    \26\ See Order No. 2001, FERC Stats. & Regs. ] 31,127 at PP 368-
378.
[GRAPHIC] [TIFF OMITTED] TP07OC16.010

    For public and non-public utilities, the hourly cost (rounded, for 
salary plus benefits) for one-time implementation are computed as 
follows:
     For ``Reporting Ancillary Service Transactions,'' 
``Reporting e-Tariff Data Fields,'' and ``Reinstating `Time Zone' Field 
in Contracts,'' the estimated cost is $71/hour.\27\
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    \27\ This estimate is based on the following percentages 
(rounded) of time spent: (a) Legal, 12.5%; (b) Computer and 
mathematical, 37.5%; (c) Information systems manager, 16.7%; (d) IT 
security analyst, 12.5%; (e) Auditing and accounting, 12.5%; and (f) 
Information and record clerk, 8.3%.
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     For ``Distinguishing Booked Out Transactions,'' the 
estimated cost is $80/hour.\28\
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    \28\ This estimate is based on the following percentages of time 
spent: (a) Legal, 28.6%; (b) Computer and mathematical, 14.3%; (c) 
Information systems manager, 14.3%; (d) IT security analyst, 14.3%; 
(e) Auditing and accounting, 14.3%; and (f) Information and record 
clerk, 14.3%.
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    For public and non-public utilities, the ongoing hourly costs 
(rounded, for salary plus benefits) are computed as follows.
     For the ``Reporting Ancillary Service Transactions'' and 
``Submitting Four Unique Data Fields Associated with Tariff in e-
Tariff,'' the estimated cost is $53/hour.\29\
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    \29\ This estimate is based on the following percentages 
(rounded) of time spent: (a) Computer and mathematical, 25%; (b) IT 
security analyst, 25%; (c) Auditing and accounting, 25%; and (d) 
Information and record clerk, 25%.
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     For ``Reinstating `Time Zone' Field in Contracts,'' the 
estimated cost is $61/hour.\30\
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    \30\ This estimate is based on the following percentage of time 
spent: Computer and mathematical, 100%.
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     For ``Distinguishing Booked Out Transactions,'' there is 
no additional ongoing cost.
    Title: FERC-920, Electric Quarterly Report (EQR).
    Action: Revision of currently approved collection of information.
    OMB Control No.: 1902-0255.
    Respondents: Public Utilities and Certain Non-Public Utilities.
    Frequency of Information: Initial implementation and quarterly 
updates.
    28. Necessity of Information: The Commission's EQR reporting 
requirements must keep pace with market developments and technological 
advancements. Collecting and formatting data as discussed in this 
document will provide the Commission with the necessary information to 
identify and address potential exercises of market power and better 
inform Commission policies and regulations.
    29. 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

[[Page 69736]]

is specific, objective support for the burden estimate associated with 
the information requirements.
    30. 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].
    31. Comments concerning the information collections proposed in 
this document, 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 Office 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-920 and OMB Control 
No. 1902-0255 (FERC-920) in your submission.

IV. Environmental Analysis

    32. 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.\31\ The 
Commission has categorically excluded certain actions from these 
requirements as not having a significant effect on the human 
environment.\32\ The actions proposed here fall within a categorical 
exclusion in the Commission's regulations, i.e., they involve 
information gathering, analysis, and dissemination.\33\ Therefore, 
environmental analysis is unnecessary and has not been performed.
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    \31\ Regulations Implementing National Environmental Policy Act 
of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \32\ Id.
    \33\ 18 CFR 380.4 (2016).
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V. Comment Procedures

    33. The Commission invites interested persons to submit comments on 
the matters and issues posted in this document, including any related 
matters or alternative proposals that commenters may wish to discuss. 
Comments are due December 6, 2016. Comments must refer to Docket Nos. 
RM01-8, RM10-12, RM12-3, or ER02-2001 and must include the commenter's 
name, the organization they represent, if applicable, and their 
address. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's Web site at http://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.
    34. 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.
    35. 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.

VI. Document Availability

    36. 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 (http://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.
    37. 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.
    38. User assistance is available for eLibrary and the Commission's 
Web site during the Commission's normal business hours from 
Commission's Online Support services 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.

    By direction of the Commission.

    Issued September 22, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

Attachment--Proposed Revisions to Electric Quarterly Report Data 
Dictionary

BILLING CODE 6717-01-P

[[Page 69737]]

[GRAPHIC] [TIFF OMITTED] TP07OC16.011


[[Page 69738]]


[GRAPHIC] [TIFF OMITTED] TP07OC16.012


[[Page 69739]]


[GRAPHIC] [TIFF OMITTED] TP07OC16.013

[FR Doc. 2016-23447 Filed 10-6-16; 8:45 am]
 BILLING CODE 6717-01-C