Data Collection for Analytics and Surveillance and Market-Based Rate Purposes, 17823-17828 [2021-06092]
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Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Notices
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Dated: March 30, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021–06985 Filed 4–5–21; 8:45 am]
BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RM16–17–000]
Data Collection for Analytics and
Surveillance and Market-Based Rate
Purposes
Federal Energy Regulatory
Commission.
ACTION: Proposed revision of collected
information; request for comments.
AGENCY:
The Federal Energy
Regulatory Commission (Commission)
proposes to collect additional data from
certain market-based rate (MBR) sellers
with ultimate upstream affiliates that
have been granted blanket
authorization. The Commission
proposes revisions to the data dictionary
that accompanies the relational database
established in Order No. 860 to include
new requirements for those MBR sellers
to report connections to an entity whose
securities were acquired pursuant to the
blanket authorization. In addition, the
Commission plans to request approval
from the Office of Management and
Budget (OMB) for this collection of
information.
SUMMARY:
Comments are due June 7, 2021.
Comments, identified by
docket number, may be filed in the
following ways. Electronic filing
through https://www.ferc.gov, is
preferred.
• Electronic Filing: Documents must
be filed in acceptable native
applications and print-to-PDF, but not
in scanned or picture format.
• For those unable to file
electronically, comments may be filed
by USPS mail or by hand (including
courier) delivery.
Æ Mail via U.S. Postal Service Only:
Addressed to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE,
Washington, DC 20426.
Æ Hand (Including Courier) Delivery:
Deliver to: Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
The Comment Procedures Section of
this document contains more detailed
filing procedures.
FOR FURTHER INFORMATION CONTACT:
Ryan Stertz (Technical Information),
Office of Energy Market Regulation,
Federal Energy Regulation
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–
6473, Ryan.Stertz@ferc.gov.
Regine Baus (Legal Information), Office
of the General Counsel, Federal
DATES:
ADDRESSES:
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Energy Regulation Commission, 888
First Street NE, Washington, DC
20426, (202) 502–8757, Regine.Baus@
ferc.gov.
SUPPLEMENTARY INFORMATION:
1. In this Notice, the Commission
requests comments on a proposal to
collect additional data from certain
market-based rate (MBR) sellers
(Sellers) 1 through revisions to the data
dictionary and XML schema that
accompany the relational database
established in Order No. 860 (MBR Data
Dictionary).2 Specifically, the
Commission proposes revisions to the
MBR Data Dictionary to require that
Sellers whose ultimate upstream
affiliate(s) 3 own their voting securities
pursuant to a section 203(a)(2) blanket
authorization, provide in the relational
database the docket number of the
section 203(a)(2) blanket authorization,
and the utility ID types and the utility
IDs of the upstream affiliates whose
securities were acquired pursuant to
that section 203(a)(2) blanket
authorization.4
I. Background
2. On July 18, 2019, the Commission
issued Order No. 860, which revised
certain aspects of the substance and
format of information Sellers submit to
the Commission for market-based rate
purposes. Among other things, the
Commission adopted the approach to
collect market-based rate information in
a relational database.5 The Commission
also specified that any significant
changes to the MBR Data Dictionary will
be proposed in a Commission order or
rulemaking, which would provide an
opportunity for comment.6
3. In support, the Commission
explained that the relational database
1 A Seller is defined as any person that has
authorization to or seeks authorization to engage in
sales for resale of electric energy, capacity or
ancillary services at market-based rates under
section 205 of the Federal Power Act (FPA). 18 CFR
35.36(a)(1); 16 U.S.C. 824d.
2 Data Collection for Analytics & Surveillance &
Mkt.-Based Rate Purposes, Order No. 860, 168
FERC ¶ 61,039 (2019), order on reh’g and
clarification, Order No. 860–A, 170 FERC ¶ 61,129
(2020).
3 ‘‘Ultimate upstream affiliate’’ is defined as the
furthest upstream affiliate(s) in the ownership
chain—i.e., each of the upstream of affiliate(s) of a
Seller, who itself does not have 10% or more of its
outstanding securities owned, held or controlled,
with power to vote, by any person (including an
individual or company). Order No. 860, 168 FERC
¶ 61,039 at P 5 n.10; see also 18 CFR 35.36(a)(10).
‘‘Upstream affiliate’’ means any entity described in
§ 35.36(a)(9)(i). 18 CFR 35.36(a)(10).
4 For purposes of this order, ‘‘utilities’’ are
defined as transmitting utilities, electric utility
companies, or holding company systems containing
such entities.
5 Order No. 860, 168 FERC ¶ 61,039 at P 4.
6 Id. P 220.
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construct provides for a more modern
and flexible format for the reporting and
retrieval of information. The
Commission noted that Sellers will be
linked to their market-based rate
affiliates through common ultimate
upstream affiliate(s) and that, through
this linkage, the relational database will
allow for the automatic generation of a
complete asset appendix based solely on
the information submitted into the
relational database.7
4. The Commission required that, as
part of its market-based rate application
or baseline submission, a Seller must
identify through the relational database
its ultimate upstream affiliate(s).
Because this is a characteristic the
Commission will rely upon in granting
market-based rate authority, the
Commission specified that Sellers must
also inform the Commission when they
have a new ultimate upstream affiliate
as part of their change in status
reporting obligations. The Commission
also required that any new ultimate
upstream affiliate information must also
be submitted into the relational database
and any changes updated on a monthly
basis.8
II. Discussion
A. Petition for Declaratory Order
5. In Docket No. EL21–14–000,
NextEra Energy, Inc., American Electric
Power Company, Inc., Evergy, Inc.,
Exelon Corporation, and Xcel Energy
Services Inc. on behalf of Xcel Energy
Inc. (Petitioners) filed a petition for
declaratory order (Petition) regarding,
among other things, affiliation under
FPA section 205 of an institutional
investor that has been granted blanket
authorization under FPA section
203(a)(2). Specifically, Petitioners
request that the Commission find that
no affiliation arises under section 205
when institutional investors acquire up
to 20% of the voting securities of
utilities pursuant to a section 203(a)(2)
blanket authorization order.
6. While we are denying the Petition
in a concurrently issued order, we are
providing guidance that will address, in
part, the concerns Petitioners raise.9 As
discussed more fully in the order
denying the Petition, we disagree with
Petitioners that no affiliation arises
under section 205 when institutional
investors acquire up to 20% of the
voting securities of utilities pursuant to
a section 203(a)(2) blanket authorization
order.10 However, we agree with
Petitioners that, as a result of the
conditions in a section 203(a)(2) blanket
authorization order, the institutional
investors subject to that order lack the
ability to control the utilities whose
voting securities they acquire.
Accordingly, because those conditions
prevent institutional investors from
exercising control over those utilities,
utilities commonly owned by an
institutional investor are not affiliates of
each other under 18 CFR
35.36(a)(9)(iv),11 so long as their
institutional investor owners remain
under the conditions imposed in its
section 203(a)(2) blanket authorization
order. As a result, the Commission’s
various affiliate restrictions would not
apply between utilities, including
market-based rate sellers, whose
securities are owned by a common
institutional investor pursuant to a
section 203(a)(2) blanket
authorization.12
7. However, the relational database, as
contemplated under Order Nos. 860 and
860–A, does not provide for a method
to distinguish between ultimate
upstream affiliates and those ultimate
upstream affiliates that acquired the
securities of the Seller through a section
203(a)(2) blanket authorization.
Accordingly, we propose changes to the
MBR Data Dictionary so that the
relational database can accurately reflect
the affiliations, or lack of affiliation,
among Sellers for which their ultimate
upstream affiliate is an institutional
investor who acquired their securities
pursuant to a section 203(a)(2) blanket
authorization.
B. Changes to the MBR Data Dictionary
8. We propose to collect certain data
in the relational database for purposes
of generating accurate asset appendices
when the voting securities of a Seller or
a Seller’s upstream affiliate have been
acquired, 10% or more, pursuant to a
section 203(a)(2) blanket authorization.
10 Id.
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7 Order
No. 860, 168 FERC ¶ 61,039 at PP 5–6.
‘‘Once a Seller identifies its own assets, the assets
of its affiliates without market-based rate authority,
and its ultimate upstream affiliate(s), the relational
database will contain sufficient information to
allow the Commission to identify all of that Seller’s
affiliates (i.e., those with a common ultimate
upstream affiliate) to create a complete asset
appendix for the Seller, which includes all of its
affiliates’ assets.’’ Id. P 40.
8 Id. P 121.
9 NextEra Energy, Inc., 174 FERC ¶ 61,213 (2021)
(NextEra).
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11 Under § 35.36(a)(9)(iv), an affiliate of a
specified company can also mean ‘‘[a]ny person
that is under common control with the specified
company.’’ 18 CFR 35.36(a)(9)(iv).
12 This does not mean that such utilities could
never be considered affiliates based on other
factors. For example, if public utilities have a
common upstream affiliate whose ownership of
those public utilities is not subject to a section
203(a)(2) blanket authorization, these public
utilities are affiliates of each other under 18 CFR
35.36(a)(9)(iv). See NextEra, 174 FERC ¶ 61,213 at
P 52 n.80.
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This new requirement would only be
required for Sellers with upstream
affiliates whose securities have been
acquired, 10% or more, pursuant to a
section 203(a)(2) blanket authorization;
thus, there will be no burden on other
Sellers.
9. Specifically, this Notice proposes to
update the MBR Data Dictionary and
add three new attributes to the Entities
to Entities table. These new attributes
are: The blanket authorization docket
number, and the utility ID types and the
utility IDs of the utilities whose
securities were purchased under the
corresponding blanket authorization
docket number. The appropriate Sellers
would be required to submit the docket
number of the proceeding in which the
Commission granted the section
203(a)(2) blanket authorization and the
upstream affiliate whose securities were
acquired pursuant to the section
203(a)(2) blanket authorization.
10. We believe that these new
attributes are necessary to prevent the
connection of unaffiliated entities when
auto-generating asset appendices,
consistent with our findings in NextEra.
The draft of the Entities to Entities table
in MBR Data Dictionary which describes
these fields in detail is attached in
Appendix A. We seek comment on these
changes.
11. We anticipate that the MBR Data
Dictionary with appropriate validations
will be posted on the Commission
website upon issuance of a final order
in this proceeding.
C. Impact on the Asset Appendix
12. As discussed in Order No. 860, the
relational database will auto-generate a
Seller’s asset appendix based on the
information that is submitted into the
relational database.13 Currently, the
ultimate upstream affiliate information
is used to connect affiliates through this
common affiliate in all instances.
However, as currently constructed, the
relational database would erroneously
link companies through common
ultimate upstream affiliates when the
securities of a Seller’s upstream affiliate
were acquired pursuant to a section
203(a)(2) blanket authorization.
Consistent with our findings in NextEra,
we propose that, under these
circumstances, the relational database
instead link MBR affiliates through the
upstream affiliate whose securities were
acquired pursuant to the section
203(a)(2) blanket authorization, with the
aim of providing the information
needed, while limiting the burden.
13 Order
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No. 860, 168 FERC ¶ 61,039 at P 16 n.26.
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III. Information Collection Statement
13. The Paperwork Reduction Act
(PRA) 14 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 15
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 this proposal
will not be penalized for failing to
respond to this collection of information
unless the collection of information
displays a valid OMB control number.
14. We plan to request OMB approval
for a revision of FERC–919A
(Refinements to Policies and Procedures
for Market Based Rates for Wholesale
Sales of Electric Energy, Capacity and
Ancillary Services by Public Utilities),
OMB Control Number 1902–0317. 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.
15. The proposal in this Notice will
affect Sellers that have ultimate
upstream affiliates that hold their voting
14 44
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15 5
U.S.C. 3501–3520.
CFR 1320.
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securities pursuant to section 203(a)(2)
blanket authorizations. Sellers continue
to be required to report institutional
investors who own 10% percent or more
of their voting shares pursuant to
section 203(a)(2) blanket authorizations
as their reportable ultimate upstream
affiliate in the relational database.
However, the proposal herein would
also require these Sellers to identify
their upstream affiliate(s) whose
securities have been acquired, 10% or
more, pursuant to a section 203(a)(2)
blanket authorization. This requirement
includes submitting into the relational
database the docket number of the order
granting the institutional investor
section 203(a)(2) blanket authorization,
the identifier of the upstream affiliate(s)
whose securities were acquired
pursuant to the section 203(a)(2) blanket
authorization, and the type of identifier
reported. The proposal would not
impose any additional reporting
requirements for Sellers whose ultimate
upstream affiliates do not hold their
voting securities pursuant to section
203(a)(2) blanket authorizations.
16. There are approximately 2,647
Sellers that will submit information into
the relational database. Six institutional
investors currently have section
203(a)(2) blanket authorizations, which
collectively own approximately 110
upstream affiliates that themselves own
Sellers. We are estimating an average of
four Sellers affected for every upstream
affiliate, equaling 440 total sellers.
Under this proposal, Sellers whose
ultimate upstream affiliates hold their
voting securities pursuant to section
203(a)(2) blanket authorizations would
be required to report the upstream
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17825
affiliate(s) whose securities have been
acquired pursuant to a section 203(a)(2)
blanket authorization, and certain
information pertaining to the
institutional investors, as described
above.
17. Burden Estimate: The estimated
burden and cost 16 for the requirements
proposed in this Notice follow. Our
estimate is limited to the proposal to
require Sellers reporting institutional
investors with section 203(a)(2) blanket
authorizations as their ultimate
upstream affiliates to add information
on the upstream affiliate(s) whose
securities have been acquired pursuant
to a section 203(a)(2) blanket
authorization in the above-noted fields
within the relational database.
18. The following table summarizes
the average estimated annual burden
and cost changes due to this notice
seeking comments and includes the
estimate from Order 860 being replaced
here: 17
16 The estimated hourly cost burden for
respondents—$93.08—is the average of mean
hourly wages from May 2019 Bureau of Labor
Statistics (BLS) data at https://www.bls.gov/oes/
current/oes_nat.htm, and BLS benefits data at
https://www.bls.gov/news.release/ecec.nr0.htm for
the following occupations: Legal Occupations (23–
0000), Computer and Information Systems
Managers (11–3021), Computer and Mathematical
Occupations (15–0000), and Information and
Record Clerks (43–4199).
17 We estimate that the additional burden of
reporting this information will have a net decrease
in overall burden because sellers will no longer be
affiliated through common ultimate upstream
affiliates with blanket authorizations, as
contemplated in Order Nos. 860 and 860–A. We
conservatively estimate that the net effect on the
impacted sellers reporting this information will be
zero.
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Respondent/incremental
burden category
Number of
respondents 18
Number of
responses per
respondent
Number of
responses
(B * C)
Burden
hours per
response
Hourly cost
($) per
response
Total annual
burden hours
(D * E)
Total cost ($)
(F * G)
A.
B.
C.
D.
E.
F.
G.
H.
First Year, proposed incremental cost associated with the collection of reporting connections to an entity whose securities were acquired pursuant to a blanket
authorization (Increase due to this notice seeking comments)
Impacted Sellers, as proposed in this Notice.
440
1
440
2 ............................
93.08
880 ........................
81,910.40.
Ongoing collection of reporting connections to an entity whose securities were acquired pursuant to a blanket authorization
Impacted Sellers, as proposed in this Notice.
440
1
440
68 ..........................
93.08
29,920 ...................
2,784,953.60.
Original estimate in Order 860, being replaced by the estimates above in this Notice
Original estimate in Order
860, being replaced by &
subtracted in this Notice—
Impacted Sellers Original
Estimate 19.
440
1
¥440
70 [former estimate, being replaced].
93.08
¥29,920 [former
estimate, being
replaced].
Cost Difference from Original
Estimate in Order 860
First Year Incremental Cost Total,
due to this Notice
Net (of above 2 rows) Additional
Cost, due to this Notice
IV. Environmental Analysis
19. 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.20 The Commission has
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.21 The actions proposed
here fall within a categorical exclusion
in the Commission’s regulations, i.e.,
they involve information gathering,
analysis, and dissemination.22
Therefore, environmental analysis is
unnecessary and has not been
performed.
V. Regulatory Flexibility Act
20. The Regulatory Flexibility Act of
1980 (RFA) 23 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. The RFA
mandates consideration of regulatory
alternatives that accomplish the stated
objectives of a proposed rule and
minimize any significant economic
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18 We
are estimating an average of four sellers
affected for every upstream affiliate, equaling 440
total sellers.
19 Order No. 860, 168 FERC ¶ 61,039 at P 323.
20 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783
(1987).
21 Id.
22 18 CFR 380.4.
23 5 U.S.C. 601–612.
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impact on a substantial number of small
entities. In lieu of preparing a regulatory
flexibility analysis, an agency may
certify that a proposed rule will not
have a significant economic impact on
a substantial number of small entities.
21. The Small Business
Administration’s (SBA) Office of Size
Standards develops the numerical
definition of a small business.24 The
SBA size standard for electric utilities is
based on the number of employees,
including affiliates.25 Under SBA’s
current size standards, an electric utility
(one that falls under NAICS codes
221122 [electric power distribution,
with a small business threshold of 1,000
employees], 221121 [electric bulk power
transmission and control, with a small
business threshold of 500 employees],
or 221118 [other electric power
generation, with a small business
threshold of 250 employees]) 26 are
small if it, including its affiliates,
employs 1,000 or fewer people.27
22. Of the 440 affected entities
discussed above, we estimate that none
of these will be small entities.
Therefore, no small entities will incur
24 13
CFR 121.101.
CFR 121.101.
26 The North American Industry Classification
System (NAICS) is an industry classification system
that Federal statistical agencies use to categorize
businesses for the purpose of collecting, analyzing,
and publishing statistical data related to the U.S.
economy. United States Census Bureau, North
American Industry Classification System, https://
www.census.gov/eos/www/naics/.
27 13 CFR 121.201 (Sector 22—Utilities). To be
conservative, we are using a small business
threshold of 1,000 employees.
25 13
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¥2,866,864.00
[former estimate,
being replaced].
¥81,910.40 [reduction].
81,910.40.
0.
additional cost due to this Notice.
Accordingly, we certify that this Notice
will not have a significant economic
impact on a substantial number of small
entities.
VI. Comment Procedures
23. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due June 7, 2021.
Comments must refer to Docket No.
RM16–17–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments. 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.
24. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
website 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.
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25. Commenters that are not able to
file comments electronically may file an
original of their comment by USPS mail
or by courier-or other delivery services.
For submission sent via USPS only,
filings should be mailed to: Federal
Energy Regulatory Commission, Office
of the Secretary, 888 First Street NE,
Washington, DC 20426. Submission of
filings other than by USPS should be
delivered to: Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
VII. Document Availability
26. 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). At this time, the
Commission has suspended access to
the Commission’s Public Reference
Room due to the President’s March 13,
2020 proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19).
27. 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.
28. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from the
Commission’s Online Support at 202–
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Issued: March 18, 2021.
Kimberly D. Bose,
Secretary.
APPENDIX A—DRAFT DATA DICTIONARY UPDATING THE ENTITIES TO ENTITIES TABLE
[Mapping of reporting entities to ultimate upstream affiliates (gray rows auto-populated by database system were removed for readability)]
entities_to_entities
No.
Identifier type
Indicates whether this is a new
submission or a submission to
update an existing record.
Identifier of existing record being
updated.
Options List:
• New.
• Update.
...........................
N
6 .....
record_type_cd
7 .....
reference_id ......
8 .....
reportable_entiUser selects one of the three
ty_ID_type_CD.
identifier types it will provide for
these 2 fields:
—Company Identifier/CID of the
reportable entity. (Required if
available.)
—Legal Entity Identifier/LEI of the
reportable entity. (Required if
available and CID is not available.)
—FERC generated ID/GID of the
reportable entity. (Required if
CID and LEI are not available.)
reportable_entiCID, LEI, or GID for the entity
ty_ID.
being reported.
9 .....
khammond on DSKJM1Z7X2PROD with NOTICES
Description
Nullable
SQL type
Format
Validations
CHARACTER
(6).
NA .....................
Y
INTEGER ..........
...........................
Options List:
• CID.
• LEI.
• GID.
N
CHARACTER
(3).
...........................
Must either be ‘‘New’’ or ‘‘Update’’ if information is included
in this table.
Required if record_type_cd is
‘‘Update.’’ Must match an existing entry from the ‘‘Entities to
Entities ID’’ column of the Entities to Entities Submitted Data
Table, found here.
Must be ‘‘CID,’’ ‘‘LEI,’’ or ‘‘GID.’’
Foreign Key
(CID).
Foreign Key
(LEI).
Foreign Key
(GID).
...........................
N
CHARACTER
...........................
(7).
CHARACTER
(20).
CHARACTER
(10).
CHARACTER
XXXX–X–XXX;
VARYING (15). XXXX–XX–XXX;
XXXX–XXX–
XXX; or
XXXX–XXXX–
XXX
Attribute
10 ...
Blanket_Auth_
Docket_Number.
Docket number of the section
203(a)(2) blanket authorization.
11 ...
Utility_ID_Type_
CD.
User selects one of the three
identifier types it will provide for
these 2 fields:
—Company Identifier/CID of the
reportable entity. (Required if
available.)
—Legal Entity Identifier/LEI of the
reportable entity. (Required if
available and CID is not available.)
—FERC generated ID/GID of the
reportable entity. (Required if
CID and LEI are not available.)
VerDate Sep<11>2014
17:34 Apr 05, 2021
Jkt 253001
PO 00000
Options List
• CID.
• LEI.
• GID.
Frm 00061
Fmt 4703
Y
Y
CHARACTER
(3).
Sfmt 4703
...........................
E:\FR\FM\06APN1.SGM
06APN1
Must match an active record
identifier. These identifiers can
be
found
using
General
Search, found here.
Required if the Reportable Entity
received a 203(a)(2) blanket
authorization.
Common relationships through ultimate upstream affiliates with
these authorizations do not impact a seller’s Asset Appendix.
Required if the Reportable Entity
received a 203(a)(2) blanket
authorization.
Must be either ‘‘CID,’’ ‘‘LEI,’’ or
‘‘GID.’’
17828
Federal Register / Vol. 86, No. 64 / Tuesday, April 6, 2021 / Notices
APPENDIX A—DRAFT DATA DICTIONARY UPDATING THE ENTITIES TO ENTITIES TABLE—Continued
[Mapping of reporting entities to ultimate upstream affiliates (gray rows auto-populated by database system were removed for readability)]
entities_to_entities
Description
Identifier type
Format
Validations
CHARACTER
(7).
CHARACTER
(20).
CHARACTER
(10).
...........................
N
DATE ................
Y
DATE ................
YYYY–MM–DD
(ANSI).
YYYY–MM–DD
(ANSI).
Required if the Reportable Entity
received a 203(a)(2) blanket
authorization.
Common relationships through
this utility are used to identify
affiliations in the asset appendix.
Must match an active record
identifier.
These identifiers can be found
using General Search, found
here.
Valid date.
Attribute
12 ...
Utility_ID ............
CID, LEI, or GID for the entity
whose securities were acquired
pursuant to the blanket authorization.
Foreign Key
(CID).
Foreign Key
(LEI).
Foreign Key
(GID).
Y
13 ...
relationship_
start_date.
relationship_
end_date.
Date reported relationship started
...........................
Date reported relationship ended
...........................
14 ...
[FR Doc. 2021–06092 Filed 4–5–21; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. OR21–6–000]
Cactus II Pipeline LLC; Notice of
Petition for Declaratory Order
khammond on DSKJM1Z7X2PROD with NOTICES
Nullable
No.
Take notice that on March 25, 2021,
pursuant to Rule 207(a)(2) of the Federal
Energy Regulatory Commission’s
(Commission) Rules of Practice and
Procedure, 18 CFR 385.207(a)(2) (2019),
Cactus II Pipeline LLC (Petitioner)
hereby petitions the Commission to
issue a declaratory order approving the
requested rulings set forth in its Petition
related to the ‘‘Cactus II Pipeline,’’
which is an existing pipeline system
that transports crude oil from locations
in the Permian Basin to South Texas,
along the U.S. Gulf Coast, all as more
fully explained in the petition.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR385.211, 385.214).
Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
theproceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed onor before the
comment date. Anyone filing a motion
to intervene or protest must serve a copy
of that document on the Petitioner.
The Commission encourages
electronic submission of protests and
VerDate Sep<11>2014
17:34 Apr 05, 2021
Jkt 253001
SQL type
interventions in lieu of paper using the
‘‘eFiling’’ link at https://www.ferc.gov.
Persons unable to file electronically may
mail similar pleadings to the Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426.
Hand delivered submissions in
docketed proceedings should be
delivered to Health and Human
Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
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) using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. At this
time, the Commission has suspended
access to the Commission’s Public
Reference Room, due to the
proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19), issued
by the President on March 13, 2020. For
assistance with any FERC Online
service, please email
FERCOnlineSupport@ferc.gov, or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Comment Date: 5:00 p.m. Eastern time
on April 26, 2021.
Dated: March 31, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021–07074 Filed 4–5–21; 8:45 am]
BILLING CODE 6717–01–P
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
Valid date.
Value must be ≥ relationship_
start_date.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Docket Numbers: RP21–659–000.
Applicants: Iroquois Gas
Transmission System, L.P.
Description: Compliance filing
3.29.21 Annual Fuel and Losses
Retention Calculations.
Filed Date: 3/29/21.
Accession Number: 20210329–5043.
Comments Due: 5 p.m. ET 4/12/21.
Docket Numbers: RP21–660–000.
Applicants: Bison Pipeline LLC.
Description: Compliance filing
Company Use Gas Annual Report 2021.
Filed Date: 3/29/21.
Accession Number: 20210329–5054.
Comments Due: 5 p.m. ET 4/12/21.
The filings are accessible in the
Commission’s eLibrary system (https://
elibrary.ferc.gov/idmws/search/
fercgensearch.asp) by querying the
docket number.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests may be considered, but
intervention is necessary to become a
party to the proceeding.
eFiling is encouraged. More detailed
information relating to filing
requirements, interventions, protests,
service, and qualifying facilities filings
can be found at: https://www.ferc.gov/
docs-filing/efiling/filing-req.pdf. For
E:\FR\FM\06APN1.SGM
06APN1
]]>Agencies
[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Pages 17823-17828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06092]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RM16-17-000]
Data Collection for Analytics and Surveillance and Market-Based
Rate Purposes
AGENCY: Federal Energy Regulatory Commission.
ACTION: Proposed revision of collected information; request for
comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to collect additional data from certain market-based rate (MBR) sellers
with ultimate upstream affiliates that have been granted blanket
authorization. The Commission proposes revisions to the data dictionary
that accompanies the relational database established in Order No. 860
to include new requirements for those MBR sellers to report connections
to an entity whose securities were acquired pursuant to the blanket
authorization. In addition, the Commission plans to request approval
from the Office of Management and Budget (OMB) for this collection of
information.
DATES: Comments are due June 7, 2021.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways. Electronic filing through https://www.ferc.gov, is
preferred.
Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
The Comment Procedures Section of this document contains more
detailed filing procedures.
FOR FURTHER INFORMATION CONTACT:
Ryan Stertz (Technical Information), Office of Energy Market
Regulation, Federal Energy Regulation Commission, 888 First Street NE,
Washington, DC 20426, (202) 502-6473, [email protected].
Regine Baus (Legal Information), Office of the General Counsel, Federal
Energy Regulation Commission, 888 First Street NE, Washington, DC
20426, (202) 502-8757, [email protected].
SUPPLEMENTARY INFORMATION:
1. In this Notice, the Commission requests comments on a proposal
to collect additional data from certain market-based rate (MBR) sellers
(Sellers) \1\ through revisions to the data dictionary and XML schema
that accompany the relational database established in Order No. 860
(MBR Data Dictionary).\2\ Specifically, the Commission proposes
revisions to the MBR Data Dictionary to require that Sellers whose
ultimate upstream affiliate(s) \3\ own their voting securities pursuant
to a section 203(a)(2) blanket authorization, provide in the relational
database the docket number of the section 203(a)(2) blanket
authorization, and the utility ID types and the utility IDs of the
upstream affiliates whose securities were acquired pursuant to that
section 203(a)(2) blanket authorization.\4\
---------------------------------------------------------------------------
\1\ A Seller is defined as any person that has authorization to
or seeks authorization to engage in sales for resale of electric
energy, capacity or ancillary services at market-based rates under
section 205 of the Federal Power Act (FPA). 18 CFR 35.36(a)(1); 16
U.S.C. 824d.
\2\ Data Collection for Analytics & Surveillance & Mkt.-Based
Rate Purposes, Order No. 860, 168 FERC ] 61,039 (2019), order on
reh'g and clarification, Order No. 860-A, 170 FERC ] 61,129 (2020).
\3\ ``Ultimate upstream affiliate'' is defined as the furthest
upstream affiliate(s) in the ownership chain--i.e., each of the
upstream of affiliate(s) of a Seller, who itself does not have 10%
or more of its outstanding securities owned, held or controlled,
with power to vote, by any person (including an individual or
company). Order No. 860, 168 FERC ] 61,039 at P 5 n.10; see also 18
CFR 35.36(a)(10). ``Upstream affiliate'' means any entity described
in Sec. 35.36(a)(9)(i). 18 CFR 35.36(a)(10).
\4\ For purposes of this order, ``utilities'' are defined as
transmitting utilities, electric utility companies, or holding
company systems containing such entities.
---------------------------------------------------------------------------
I. Background
2. On July 18, 2019, the Commission issued Order No. 860, which
revised certain aspects of the substance and format of information
Sellers submit to the Commission for market-based rate purposes. Among
other things, the Commission adopted the approach to collect market-
based rate information in a relational database.\5\ The Commission also
specified that any significant changes to the MBR Data Dictionary will
be proposed in a Commission order or rulemaking, which would provide an
opportunity for comment.\6\
---------------------------------------------------------------------------
\5\ Order No. 860, 168 FERC ] 61,039 at P 4.
\6\ Id. P 220.
---------------------------------------------------------------------------
3. In support, the Commission explained that the relational
database
[[Page 17824]]
construct provides for a more modern and flexible format for the
reporting and retrieval of information. The Commission noted that
Sellers will be linked to their market-based rate affiliates through
common ultimate upstream affiliate(s) and that, through this linkage,
the relational database will allow for the automatic generation of a
complete asset appendix based solely on the information submitted into
the relational database.\7\
---------------------------------------------------------------------------
\7\ Order No. 860, 168 FERC ] 61,039 at PP 5-6. ``Once a Seller
identifies its own assets, the assets of its affiliates without
market-based rate authority, and its ultimate upstream affiliate(s),
the relational database will contain sufficient information to allow
the Commission to identify all of that Seller's affiliates (i.e.,
those with a common ultimate upstream affiliate) to create a
complete asset appendix for the Seller, which includes all of its
affiliates' assets.'' Id. P 40.
---------------------------------------------------------------------------
4. The Commission required that, as part of its market-based rate
application or baseline submission, a Seller must identify through the
relational database its ultimate upstream affiliate(s). Because this is
a characteristic the Commission will rely upon in granting market-based
rate authority, the Commission specified that Sellers must also inform
the Commission when they have a new ultimate upstream affiliate as part
of their change in status reporting obligations. The Commission also
required that any new ultimate upstream affiliate information must also
be submitted into the relational database and any changes updated on a
monthly basis.\8\
---------------------------------------------------------------------------
\8\ Id. P 121.
---------------------------------------------------------------------------
II. Discussion
A. Petition for Declaratory Order
5. In Docket No. EL21-14-000, NextEra Energy, Inc., American
Electric Power Company, Inc., Evergy, Inc., Exelon Corporation, and
Xcel Energy Services Inc. on behalf of Xcel Energy Inc. (Petitioners)
filed a petition for declaratory order (Petition) regarding, among
other things, affiliation under FPA section 205 of an institutional
investor that has been granted blanket authorization under FPA section
203(a)(2). Specifically, Petitioners request that the Commission find
that no affiliation arises under section 205 when institutional
investors acquire up to 20% of the voting securities of utilities
pursuant to a section 203(a)(2) blanket authorization order.
6. While we are denying the Petition in a concurrently issued
order, we are providing guidance that will address, in part, the
concerns Petitioners raise.\9\ As discussed more fully in the order
denying the Petition, we disagree with Petitioners that no affiliation
arises under section 205 when institutional investors acquire up to 20%
of the voting securities of utilities pursuant to a section 203(a)(2)
blanket authorization order.\10\ However, we agree with Petitioners
that, as a result of the conditions in a section 203(a)(2) blanket
authorization order, the institutional investors subject to that order
lack the ability to control the utilities whose voting securities they
acquire. Accordingly, because those conditions prevent institutional
investors from exercising control over those utilities, utilities
commonly owned by an institutional investor are not affiliates of each
other under 18 CFR 35.36(a)(9)(iv),\11\ so long as their institutional
investor owners remain under the conditions imposed in its section
203(a)(2) blanket authorization order. As a result, the Commission's
various affiliate restrictions would not apply between utilities,
including market-based rate sellers, whose securities are owned by a
common institutional investor pursuant to a section 203(a)(2) blanket
authorization.\12\
---------------------------------------------------------------------------
\9\ NextEra Energy, Inc., 174 FERC ] 61,213 (2021) (NextEra).
\10\ Id.
\11\ Under Sec. 35.36(a)(9)(iv), an affiliate of a specified
company can also mean ``[a]ny person that is under common control
with the specified company.'' 18 CFR 35.36(a)(9)(iv).
\12\ This does not mean that such utilities could never be
considered affiliates based on other factors. For example, if public
utilities have a common upstream affiliate whose ownership of those
public utilities is not subject to a section 203(a)(2) blanket
authorization, these public utilities are affiliates of each other
under 18 CFR 35.36(a)(9)(iv). See NextEra, 174 FERC ] 61,213 at P 52
n.80.
---------------------------------------------------------------------------
7. However, the relational database, as contemplated under Order
Nos. 860 and 860-A, does not provide for a method to distinguish
between ultimate upstream affiliates and those ultimate upstream
affiliates that acquired the securities of the Seller through a section
203(a)(2) blanket authorization. Accordingly, we propose changes to the
MBR Data Dictionary so that the relational database can accurately
reflect the affiliations, or lack of affiliation, among Sellers for
which their ultimate upstream affiliate is an institutional investor
who acquired their securities pursuant to a section 203(a)(2) blanket
authorization.
B. Changes to the MBR Data Dictionary
8. We propose to collect certain data in the relational database
for purposes of generating accurate asset appendices when the voting
securities of a Seller or a Seller's upstream affiliate have been
acquired, 10% or more, pursuant to a section 203(a)(2) blanket
authorization. This new requirement would only be required for Sellers
with upstream affiliates whose securities have been acquired, 10% or
more, pursuant to a section 203(a)(2) blanket authorization; thus,
there will be no burden on other Sellers.
9. Specifically, this Notice proposes to update the MBR Data
Dictionary and add three new attributes to the Entities to Entities
table. These new attributes are: The blanket authorization docket
number, and the utility ID types and the utility IDs of the utilities
whose securities were purchased under the corresponding blanket
authorization docket number. The appropriate Sellers would be required
to submit the docket number of the proceeding in which the Commission
granted the section 203(a)(2) blanket authorization and the upstream
affiliate whose securities were acquired pursuant to the section
203(a)(2) blanket authorization.
10. We believe that these new attributes are necessary to prevent
the connection of unaffiliated entities when auto-generating asset
appendices, consistent with our findings in NextEra. The draft of the
Entities to Entities table in MBR Data Dictionary which describes these
fields in detail is attached in Appendix A. We seek comment on these
changes.
11. We anticipate that the MBR Data Dictionary with appropriate
validations will be posted on the Commission website upon issuance of a
final order in this proceeding.
C. Impact on the Asset Appendix
12. As discussed in Order No. 860, the relational database will
auto-generate a Seller's asset appendix based on the information that
is submitted into the relational database.\13\ Currently, the ultimate
upstream affiliate information is used to connect affiliates through
this common affiliate in all instances. However, as currently
constructed, the relational database would erroneously link companies
through common ultimate upstream affiliates when the securities of a
Seller's upstream affiliate were acquired pursuant to a section
203(a)(2) blanket authorization. Consistent with our findings in
NextEra, we propose that, under these circumstances, the relational
database instead link MBR affiliates through the upstream affiliate
whose securities were acquired pursuant to the section 203(a)(2)
blanket authorization, with the aim of providing the information
needed, while limiting the burden.
---------------------------------------------------------------------------
\13\ Order No. 860, 168 FERC ] 61,039 at P 16 n.26.
---------------------------------------------------------------------------
[[Page 17825]]
III. Information Collection Statement
13. The Paperwork Reduction Act (PRA) \14\ 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 \15\ 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 this proposal
will not be penalized for failing to respond to this collection of
information unless the collection of information displays a valid OMB
control number.
---------------------------------------------------------------------------
\14\ 44 U.S.C. 3501-3520.
\15\ 5 CFR 1320.
---------------------------------------------------------------------------
14. We plan to request OMB approval for a revision of FERC-919A
(Refinements to Policies and Procedures for Market Based Rates for
Wholesale Sales of Electric Energy, Capacity and Ancillary Services by
Public Utilities), OMB Control Number 1902-0317. 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.
15. The proposal in this Notice will affect Sellers that have
ultimate upstream affiliates that hold their voting securities pursuant
to section 203(a)(2) blanket authorizations. Sellers continue to be
required to report institutional investors who own 10% percent or more
of their voting shares pursuant to section 203(a)(2) blanket
authorizations as their reportable ultimate upstream affiliate in the
relational database. However, the proposal herein would also require
these Sellers to identify their upstream affiliate(s) whose securities
have been acquired, 10% or more, pursuant to a section 203(a)(2)
blanket authorization. This requirement includes submitting into the
relational database the docket number of the order granting the
institutional investor section 203(a)(2) blanket authorization, the
identifier of the upstream affiliate(s) whose securities were acquired
pursuant to the section 203(a)(2) blanket authorization, and the type
of identifier reported. The proposal would not impose any additional
reporting requirements for Sellers whose ultimate upstream affiliates
do not hold their voting securities pursuant to section 203(a)(2)
blanket authorizations.
16. There are approximately 2,647 Sellers that will submit
information into the relational database. Six institutional investors
currently have section 203(a)(2) blanket authorizations, which
collectively own approximately 110 upstream affiliates that themselves
own Sellers. We are estimating an average of four Sellers affected for
every upstream affiliate, equaling 440 total sellers. Under this
proposal, Sellers whose ultimate upstream affiliates hold their voting
securities pursuant to section 203(a)(2) blanket authorizations would
be required to report the upstream affiliate(s) whose securities have
been acquired pursuant to a section 203(a)(2) blanket authorization,
and certain information pertaining to the institutional investors, as
described above.
17. Burden Estimate: The estimated burden and cost \16\ for the
requirements proposed in this Notice follow. Our estimate is limited to
the proposal to require Sellers reporting institutional investors with
section 203(a)(2) blanket authorizations as their ultimate upstream
affiliates to add information on the upstream affiliate(s) whose
securities have been acquired pursuant to a section 203(a)(2) blanket
authorization in the above-noted fields within the relational database.
---------------------------------------------------------------------------
\16\ The estimated hourly cost burden for respondents--$93.08--
is the average of mean hourly wages from May 2019 Bureau of Labor
Statistics (BLS) data at https://www.bls.gov/oes/current/oes_nat.htm,
and BLS benefits data at https://www.bls.gov/news.release/ecec.nr0.htm for the following occupations: Legal Occupations (23-
0000), Computer and Information Systems Managers (11-3021), Computer
and Mathematical Occupations (15-0000), and Information and Record
Clerks (43-4199).
---------------------------------------------------------------------------
18. The following table summarizes the average estimated annual
burden and cost changes due to this notice seeking comments and
includes the estimate from Order 860 being replaced here: \17\
---------------------------------------------------------------------------
\17\ We estimate that the additional burden of reporting this
information will have a net decrease in overall burden because
sellers will no longer be affiliated through common ultimate
upstream affiliates with blanket authorizations, as contemplated in
Order Nos. 860 and 860-A. We conservatively estimate that the net
effect on the impacted sellers reporting this information will be
zero.
[[Page 17826]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Number of Number of Hourly cost Total annual
Respondent/incremental burden respondents responses per responses (B * Burden hours per ($) per burden hours (D * Total cost ($) (F
category \18\ respondent C) response response E) * G)
A. B. C. D. E................ F. G................ H.
--------------------------------------------------------------------------------------------------------------------------------------------------------
First Year, proposed incremental cost associated with the collection of reporting connections to an entity whose securities were acquired pursuant to a
blanket authorization (Increase due to this notice seeking comments)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impacted Sellers, as proposed 440 1 440 2................ 93.08 880.............. 81,910.40.
in this Notice.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ongoing collection of reporting connections to an entity whose securities were acquired pursuant to a blanket authorization
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impacted Sellers, as proposed 440 1 440 68............... 93.08 29,920........... 2,784,953.60.
in this Notice.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Original estimate in Order 860, being replaced by the estimates above in this Notice
--------------------------------------------------------------------------------------------------------------------------------------------------------
Original estimate in Order 860, 440 1 -440 70 [former 93.08 -29,920 [former -2,866,864.00
being replaced by & subtracted estimate, being estimate, being [former
in this Notice--Impacted replaced]. replaced]. estimate, being
Sellers Original Estimate \19\. replaced].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cost Difference from Original -81,910.40
Estimate in Order 860 [reduction].
--------------------------------------------------------------------------------------------------------------------------------------------------------
First Year Incremental Cost 81,910.40.
Total, due to this Notice
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net (of above 2 rows) 0.
Additional Cost, due to this
Notice
--------------------------------------------------------------------------------------------------------------------------------------------------------
IV. Environmental Analysis
---------------------------------------------------------------------------
\18\ We are estimating an average of four sellers affected for
every upstream affiliate, equaling 440 total sellers.
\19\ Order No. 860, 168 FERC ] 61,039 at P 323.
---------------------------------------------------------------------------
19. 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.\20\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\21\ The actions proposed here fall within a categorical
exclusion in the Commission's regulations, i.e., they involve
information gathering, analysis, and dissemination.\22\ Therefore,
environmental analysis is unnecessary and has not been performed.
---------------------------------------------------------------------------
\20\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
] 30,783 (1987).
\21\ Id.
\22\ 18 CFR 380.4.
---------------------------------------------------------------------------
V. Regulatory Flexibility Act
20. The Regulatory Flexibility Act of 1980 (RFA) \23\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and minimize any
significant economic impact on a substantial number of small entities.
In lieu of preparing a regulatory flexibility analysis, an agency may
certify that a proposed rule will not have a significant economic
impact on a substantial number of small entities.
---------------------------------------------------------------------------
\23\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------
21. The Small Business Administration's (SBA) Office of Size
Standards develops the numerical definition of a small business.\24\
The SBA size standard for electric utilities is based on the number of
employees, including affiliates.\25\ Under SBA's current size
standards, an electric utility (one that falls under NAICS codes 221122
[electric power distribution, with a small business threshold of 1,000
employees], 221121 [electric bulk power transmission and control, with
a small business threshold of 500 employees], or 221118 [other electric
power generation, with a small business threshold of 250 employees])
\26\ are small if it, including its affiliates, employs 1,000 or fewer
people.\27\
---------------------------------------------------------------------------
\24\ 13 CFR 121.101.
\25\ 13 CFR 121.101.
\26\ The North American Industry Classification System (NAICS)
is an industry classification system that Federal statistical
agencies use to categorize businesses for the purpose of collecting,
analyzing, and publishing statistical data related to the U.S.
economy. United States Census Bureau, North American Industry
Classification System, https://www.census.gov/eos/www/naics/.
\27\ 13 CFR 121.201 (Sector 22--Utilities). To be conservative,
we are using a small business threshold of 1,000 employees.
---------------------------------------------------------------------------
22. Of the 440 affected entities discussed above, we estimate that
none of these will be small entities. Therefore, no small entities will
incur additional cost due to this Notice. Accordingly, we certify that
this Notice will not have a significant economic impact on a
substantial number of small entities.
VI. Comment Procedures
23. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due June 7, 2021. Comments must refer to
Docket No. RM16-17-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments. 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.
24. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website 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.
[[Page 17827]]
25. Commenters that are not able to file comments electronically
may file an original of their comment by USPS mail or by courier-or
other delivery services. For submission sent via USPS only, filings
should be mailed to: Federal Energy Regulatory Commission, Office of
the Secretary, 888 First Street NE, Washington, DC 20426. Submission of
filings other than by USPS should be delivered to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
VII. Document Availability
26. 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). At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the President's March 13, 2020
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19).
27. 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.
28. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
[email protected].
By direction of the Commission.
Issued: March 18, 2021.
Kimberly D. Bose,
Secretary.
Appendix A--Draft Data Dictionary Updating the Entities to Entities Table
[Mapping of reporting entities to ultimate upstream affiliates (gray rows auto-populated by database system were removed for readability)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
entities_to_entities
----------------------------- Description Identifier type Nullable SQL type Format Validations
No. Attribute
--------------------------------------------------------------------------------------------------------------------------------------------------------
6....... record_type_cd.... Indicates whether this Options List: N CHARACTER (6)..... NA............... Must either be ``New''
is a new submission or New......... or ``Update'' if
a submission to update Update...... information is
an existing record. included in this
table.
7....... reference_id...... Identifier of existing ..................... Y INTEGER........... ................. Required if
record being updated. record_type_cd is
``Update.'' Must
match an existing
entry from the
``Entities to
Entities ID'' column
of the Entities to
Entities Submitted
Data Table, found
here.
8....... reportable_entity_ User selects one of the Options List: N CHARACTER (3)..... ................. Must be ``CID,''
ID_type_CD. three identifier types CID......... ``LEI,'' or ``GID.''
it will provide for LEI.........
these 2 fields: GID.........
--Company Identifier/
CID of the reportable
entity. (Required if
available.).
--Legal Entity
Identifier/LEI of the
reportable entity.
(Required if available
and CID is not
available.).
--FERC generated ID/GID
of the reportable
entity. (Required if
CID and LEI are not
available.).
9....... reportable_entity_ CID, LEI, or GID for Foreign Key (CID).... N CHARACTER (7)..... ................. Must match an active
ID. the entity being Foreign Key (LEI).... CHARACTER (20).... record identifier.
reported. Foreign Key (GID).... CHARACTER (10).... These identifiers can
be found using
General Search, found
here.
10...... Blanket_Auth_Docke Docket number of the ..................... Y CHARACTER VARYING XXXX-X-XXX; Required if the
t_Number. section 203(a)(2) (15). XXXX-XX-XXX;..... Reportable Entity
blanket authorization. XXXX-XXX-XXX; or. received a 203(a)(2)
XXXX-XXXX-XXX.... blanket
authorization.
Common relationships
through ultimate
upstream affiliates
with these
authorizations do not
impact a seller's
Asset Appendix.
11...... Utility_ID_Type_CD User selects one of the Options List Y CHARACTER (3)..... ................. Required if the
three identifier types CID......... Reportable Entity
it will provide for LEI......... received a 203(a)(2)
these 2 fields: GID......... blanket
--Company Identifier/ authorization.
CID of the reportable Must be either
entity. (Required if ``CID,'' ``LEI,'' or
available.). ``GID.''
--Legal Entity
Identifier/LEI of the
reportable entity.
(Required if available
and CID is not
available.).
--FERC generated ID/GID
of the reportable
entity. (Required if
CID and LEI are not
available.).
[[Page 17828]]
12...... Utility_ID........ CID, LEI, or GID for Foreign Key (CID). Y CHARACTER (7)..... ................. Required if the
the entity whose Foreign Key (LEI).... CHARACTER (20).... Reportable Entity
securities were Foreign Key (GID).... CHARACTER (10).... received a 203(a)(2)
acquired pursuant to blanket
the blanket authorization.
authorization. Common relationships
through this utility
are used to identify
affiliations in the
asset appendix.
Must match an active
record identifier.
These identifiers can
be found using
General Search, found
here.
13...... relationship_start Date reported ..................... N DATE.............. YYYY-MM-DD (ANSI) Valid date.
_date. relationship started.
14...... relationship_end_d Date reported ..................... Y DATE.............. YYYY-MM-DD (ANSI) Valid date.
ate. relationship ended. Value must be >=
relationship_start_da
te.
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[FR Doc. 2021-06092 Filed 4-5-21; 8:45 am]
BILLING CODE 6717-01-P
