FERC-921, (NOPR in RM15-23) Ongoing Electronic Delivery of RTO/ISO Data

Forms and Documents

Document Name	Status
FERC-921_RM15-23-NOPR_ Supporting Statement 9-22-15.docx Supporting Statement A	2015-09-23
RM15-23_921_ statute.doc Supplementary Document	2015-09-22
RM15-23_LaFleur State_20150917-3056.pdf Supplementary Document	2015-09-22
RM15-23NOPR news release_20150917-3054.pdf Supplementary Document	2015-09-22
CFR-2014-title18-vol1-sec35-28.pdf Supplementary Document	2015-04-24

IC Document Collections

IC ID	Document Title	Status
218316	NOPR in RM15-23	New
199897	FERC-921, Ongoing Electronic Delivery of RTO/ISO Data	Modified

ICR Details

OMB Control No: 1902-0257	ICR Reference No: 201509-1902-007
Status: Historical Inactive	Previous ICR Reference No: 201504-1902-005
Agency/Subagency: FERC	Agency Tracking No: FERC-921
Title: FERC-921, (NOPR in RM15-23) Ongoing Electronic Delivery of RTO/ISO Data
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 12/08/2015
	Date Received in OIRA: 09/29/2015
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11(c) of the Paperwork Reduction Act and is withholding approval of this collection at this time. This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. The agency shall examine public comment in response to the Notice of Proposed Rulemaking and will include in the supporting statement of the next ICR, to be submitted to OMB at the final rule stage, a description of how the agency has responded to any public comments on the ICR. This action has no effect on any current approvals.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2018	36 Months From Approved	09/30/2018
Responses	6	0	6
Time Burden (Hours)	588	0	588
Cost Burden (Dollars)	0	0	0

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Abstract: FERC-921 is used to enhance FERC's market monitoring and surveillance efforts. FERC has been requiring ongoing, electronic delivery of data from each RTO and ISO. The data has helped FERC detect anti-competitive or manipulative behavior, and ineffective market rules, and thus help ensure just and reasonable rates. NOPR in RM15-23. In the Notice of Proposed Rulemaking in Docket RM15-23 (Collection of Connected Entity Data from Regional Transmission Organizations and Independent System Operators), FERC proposes to amend its regulations to require each regional transmission organization (RTO) and independent system operator (ISO) to electronically deliver to the Commission, on an ongoing basis, data required from its market participants that would: (i) identify the market participants by means of a common alpha-numeric identifier; (ii) list their "Connected Entities," which includes entities that have certain ownership, employment, debt, or contractual relationships to the market participants, as specified in this NOPR; and (iii) describe in brief the nature of the relationship of each Connected Entity. Such information will assist screening and investigative efforts to detect market manipulation, an enforcement priority of the Commission. The initiative would also assist market monitors for the RTOs and ISOs in their individual and joint investigations of potential cross-market manipulation. Unless the RTOs and ISOs request continuation of existing affiliate disclosure requirements based on a particularized need, the Commission expects that this new disclosure obligation will supplant all existing affiliate disclosures requirements contained in the RTOs and ISOs tariffs. The proposed definitional uniformity of the term "Connected Entity" across all of the RTOs and ISOs may help ease compliance burdens on market participants that are active in more than one RTO or ISO, and that are now required to submit affiliate information that may be unique to each of the organized markets in which they participate.

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Authorizing Statute(s): US Code: 16 USC 824d, e, v; 825(b), f(a) Name of Law: Federal Power Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1902-AF10	Proposed rulemaking	80 FR 58382	09/29/2015

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
FERC-921, Ongoing Electronic Delivery of RTO/ISO Data
NOPR in RM15-23

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: In the NOPR in RM15-23, FERC proposes, pursuant to sections 222, 301(b), 307(a) and 309 of the Federal Power Act (FPA), to amend its regulations to require each regional transmission organization (RTO) and independent system operator (ISO) to electronically deliver to the Commission, on an ongoing basis, data required from its market participants that would: (i) identify the market participants by means of a common alpha-numeric identifier; (ii) list their "Connected Entities," which includes entities that have certain ownership, employment, debt, or contractual relationships to the market participants, as specified in this NOPR; and (iii) describe in brief the nature of the relationship of each Connected Entity. The uniform identification of market participants, together with the listing of entities that comprise a network of common interests, would enhance the Commission's efforts to detect and deter market manipulation, a central objective of the Commission as identified in its FY 2014-2018 Strategic Plan. Unless the RTOs and ISOs request continuation of existing affiliate disclosure requirements based on a particularized need, the Commission expects that this new disclosure obligation will supplant all existing affiliate disclosures requirements contained in the RTOs and ISOs tariffs. In FERC's Strategic Plan, the Commission cited monitoring and surveillance activities as a key function in meeting the objective of detecting and deterring market manipulation. In recent years the Commission has greatly enhanced its capabilities in this regard, having developed automated screens of market activities and set up analytical procedures to detect potential market manipulation. Understanding the ownership, employment, debt, and contractual relationships of market participants would provide context for such data, and help determine whether there appears to be a legitimate business rationale for seemingly anomalous trading patterns, or whether there may be market manipulation, fraud, or abuse. This in turn will further the Commission's goal of detecting and deterring possible market manipulation. As explained in the NOPR, the existing affiliate disclosure requirements do not appropriately enable the Commission to identify and monitor these business relationships.

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Annual Cost to Federal Government: $1,878,999

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/29/2015

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