PUBLISHED IC14-2-000 (FERC-919) 60dy

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Notices

Federal Register
Vol. 78, No. 198
Friday, October 11, 2013

This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC14–2–000]

Commission Information Collection
Activities (FERC–919); Comment
Request; Extension
Federal Energy Regulatory
Commission.
ACTION: Notice of information collection
and request for comments.
AGENCY:

In compliance with the
requirements of the Paperwork
Reduction Act of 1995, 44 U.S.C.
3506(c)(2)(A), the Federal Energy
Regulatory Commission (Commission or
FERC) is soliciting public comment on
the currently approved information
collection, FERC–919 (Market Based
Rates for Wholesale Sales of Electric
Energy).

SUMMARY:

Comments on the collection of
information are due December 10, 2013.
ADDRESSES: You may submit comments
(identified by Docket No. IC14–2–000)
by either of the following methods:
• eFiling at Commission’s Web site:
http://www.ferc.gov/docs-filing/
efiling.asp.
• Mail/Hand Delivery/Courier:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
Instructions: All submissions must be
formatted and filed in accordance with
submission guidelines at: http://www.
ferc.gov/help/submission-guide.asp. For
user assistance contact FERC Online
Support by email at ferconlinesupport@
ferc.gov, or by phone at: (866) 208–3676
(toll-free), or (202) 502–8659 for TTY.
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at http://www.ferc.gov/docsfiling/docs-filing.asp.

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DATES:

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FOR FURTHER INFORMATION CONTACT:

Ellen Brown may be reached by email
at DataClearance@FERC.gov, telephone
at (202) 502–8663, and fax at (202) 273–
0873.
SUPPLEMENTARY INFORMATION:
Title: Market Based Rates for
Wholesale Sales of Electric Energy.
OMB Control No.: 1902–0234.
Type of Request: Three-year extension
of the FERC–919 information collection
requirements with no changes to the
current reporting requirements.
Abstract: The FERC–919 is necessary
to ensure that market-based rates
charged by public utilities are just and
reasonable as mandated by Federal
Power Act (FPA) sections 205 and 206.
Section 205 of the FPA requires just and
reasonable rates and charges. Section
206 allows the Commission to revoke a
seller’s market-based rate authorization
if it determines that the seller may have
gained market power since it was
originally granted market-based rate
authorization by the Commission.
In 18 Code of Federal Regulations
(CFR) Part 35, Subpart H,1 the
Commission codifies market-based rate
standards for generating electric utilities
for use in the Commission’s
determination of whether a wholesale
seller of electric energy, capacity, or
ancillary services qualify for marketbased rate authority. Subpart H
mandates that sellers submit market
power analyses and related filings.
Horizontal Market Power Analysis
Market power analyses must address
both horizontal and vertical market
power. To demonstrate lack of
horizontal market power, the
Commission requires two indicative
market power screens:The uncommitted
pivotal supplier screen (which is based
on the annual peak demand of the
relevant market) and the uncommitted
market share screen applied on a
seasonal basis. The Commission
presumes sellers that fail either screen
to have market power and such sellers
may submit a delivered price test
analysis to rebut the presumption of
horizontal market power. If a seller fails
to rebut the presumption of horizontal
market power, the Commission sets the
1 Market-Based Rates for Wholesale Sales of
Electric Energy, Capacity and Ancillary Services by
Public Utilities, Order No. 697, 72 FR 39904 (Jul.
20, 2007), FERC Stats. & Regs. ¶ 31,252 (2007)
(Final Rule).

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just and reasonable rate at the default
cost-based rate unless it approves
different mitigation based on casespecific circumstances. When
submitting horizontal market power
analyses, a seller must use the form
provided in Appendix A of Subpart H
and include all materials referenced.
Vertical Market Power Analysis
To demonstrate a lack of vertical
market power to the extent that a public
utility with market-based rates, or any of
its affiliates, owns, operates or controls
transmission facilities, it must:
• Have on file a Commission-approved
Open Access Transmission Tariff 2
• Demonstrate that neither it nor its
affiliates can erect other barriers to
entry
• Submit a description of its ownership
or control of, or affiliation with an
entity that owns or controls:
Æ Intrastate natural gas
transportation, intrastate natural gas
storage or distribution facilities
Æ Sites for generation capacity
development; and physical coal
supply sources and ownership or
control over who may access
transportation of coal supplies
• Make an affirmative statement that it
has not erected and will not erect
barriers to entry into the relevant
market
Asset Appendix
In addition to the market power
analyses, a seller must submit an asset
appendix with its initial application for
market-based rate authorization or
updated market power analysis, and all
relevant change in status filings. The
asset appendix must:
• List, among other things, all affiliates
that have market-based rate authority
and identify any generation assets
owned or controlled by the seller and
any such affiliate
• List all generation assets owned
(clearly identifying which affiliate
owns which asset) or controlled
(clearly identifying which affiliate
controls which asset) by the corporate
family by balancing authority area,
and by geographic region, and provide
the in-service date and nameplate
and/or seasonal ratings by unit
2 Burden reported separately in information
collections FERC–516 (OMB Control Number:
1902–0096) and FERC–917 (OMB Control Number:
1902–0233).

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Federal Register / Vol. 78, No. 198 / Friday, October 11, 2013 / Notices
• Must reflect all electric transmission
and natural gas intrastate pipelines
and/or gas storage facilities owned or
controlled by the corporate family and
the location of such facilities 3
Triennial Market Power Analysis
Update
Sellers that own or control more than
500 megawatts of generation and/or that
own, operate or control transmission
facilities, are affiliated with any entity
that owns, operates or controls
transmission facilities in the same
region as the seller’s generation assets,
or with a franchised public utility in the
same region as the seller’s generation
assets are required to file updated
market power analyses every three
years. The updated market power
analyses must demonstrate that a seller
does not possess horizontal market
power.
Change in Status Filings
Concerning change of status filings,
the Commission requires that sellers file
notices of such changes no later than 30
days after the change in status occurs.

filing made to request such a
determination.

The Commission also requires that each
seller include an appendix identifying
specified assets with each pertinent
change in status notification filed.
Entities must submit a notification of
change in status to report the
acquisition of control of a site or sites
for new generation capacity (described
in the Quarterly Land Acquisition
section below).

Quarterly Land Acquisition Reports

Exemptions From Submitting Updated
Market Power Analyses
Wholesale power marketers and
wholesale power producers that are not
affiliated with franchised public utilities
or transmission owners, that do not own
transmission, and that do not, together
with all of their affiliates, own or
control more than 500 MW of generation
in the relevant region are not required
to submit updated market power
analyses. The Commission determines
which sellers are in this category
through information filed by the utility
either when the seller files its initial
application for market-based rate
authorization or through a separate

FERC also requires that all entities
with market-based rate authorization to
report on a quarterly basis,4 the
acquisition of control of a site or sites
for new generation capacity
development for which site control has
been demonstrated in the
interconnection process and for which
the potential number of megawatts that
are reasonably commercially feasible on
the site or sites for which new
generation capacity development is
equal to 100 megawatts or more.
The market power analyses help to
inform the Commission as to whether
entities have market power and whether
market-based rate authority yields rates
that are just and reasonable.
Type of Respondents: Public utilities,
wholesale electricity sellers
Estimate of Annual Burden: 5 The
Commission estimates the total Public
Reporting Burden for this information
collection as:

FERC–919—MARKET BASED RATES FOR WHOLESALE SALES OF ELECTRIC ENERGY

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Requirements

Number of
respondents

Number of
responses per
respondent

Total
number of
responses

Average
burden hours
per response

Estimated
total annual
burden

(A)

(B)

(A)×(B)=(C)

(D)

(C)×(D)

Market Power Analysis in New Applications for Market-based
Rates [18 CFR 35.37(a)] ..............................................................
Triennial market power analysis in seller updates [18 CFR
35.37(a)] .......................................................................................
Quarterly land acquisition reports [18 CFR 35.42(d)] .....................
Appendix B addition to change in status reports [18 CFR
35.42(a)] .......................................................................................
Total ..........................................................................................

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

The total estimated annual cost
burden to respondents is $7,268,721
[85,444 hours * $85.07) 6 = $7,268,721].
Comments: Comments are invited on:
(1) Whether the collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden and cost of the collection
of information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility
and clarity of the information collection;
3 See

Subpart H, Appendix B for standard form.
other change in status reports must be filed
no later than 30 days after the change in status
occurs. (18 CFR 35.42)
5 The Commission defines burden as the total
time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or
4 All

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213

1

213

250

53,250

83
373

1
2.15

83
802

250
4

20,750
3,208

237

1

237

34.75

8,236

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

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

85,444

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

and (4) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
Dated: October 4, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013–24440 Filed 10–10–13; 8:45 am]
BILLING CODE 6717–01–P

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Federal Energy Regulatory
Commission
[Project No. 349–182]

Alabama Power Company; Notice of
Application Accepted for Filing,
Soliciting Comments, Motions To
Intervene, and Protests
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection:

provide information to or for a Federal agency. For
further explanation of what is included in the
information collection burden, reference 5 CFR
1320.3.
6 The Commission staff calculated this figure
using an average of salaries (including benefits:
http://www.bls.gov/news.release/ecec.nr0.htm)

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DEPARTMENT OF ENERGY

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between three occupational categories (http://bls.
gov/oes/current/naics2_22.htm):
Economist: $67.57/hour
Electrical Engineer: $59.62/hour
Lawyer: $128.02/hour
($67.57 + $59.62 + $128.02) ÷ 3 = $85.07/hour

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