Filing Requirements for Electric Utility Service Agreements; Electricity Market Transparency; Revisions to Electric Quarterly Report Filing Process; Electric Quarterly Reports, 69731-69739 [2016-23447]
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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
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SUMMARY:
1 16
U.S.C. 824d, 824t.
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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).
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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).
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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.’’
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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
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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.
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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.
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21 Order
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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
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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
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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.
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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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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 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: (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%.
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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 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-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 (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.
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 824d, 824t.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\5\ Filing Requirements for Electric Utility Service Agreements,
155 FERC ] 61,280 (2016) (June 16 Order).
\6\ Id. P 5.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
[[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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\16\ See Order No. 768, FERC Stats. & Regs. ] 31,336 at P 121.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\17\ Order No. 2001, FERC Stats. & Regs. ] 31,127 at P 282.
\18\ Id.
\19\ Id. P 285.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\20\ Id. P 8 n.9 (emphasis added).
\21\ Order No. 2001-A, 100 FERC ] 61,074 at P 22.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\22\ 44 U.S.C. 3501-3520.
\23\ 5 CFR 1320.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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 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: (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\
---------------------------------------------------------------------------
\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%.
---------------------------------------------------------------------------
For ``Distinguishing Booked Out Transactions,'' the
estimated cost is $80/hour.\28\
---------------------------------------------------------------------------
\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%.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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%.
---------------------------------------------------------------------------
For ``Reinstating `Time Zone' Field in Contracts,'' the
estimated cost is $61/hour.\30\
---------------------------------------------------------------------------
\30\ This estimate is based on the following percentage of time
spent: Computer and mathematical, 100%.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 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.
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 (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.
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
