30 Day Notice (Published)

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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices

FERC–725U: (MANDATORY RELIABILITY STANDARDS: RELIABILITY STANDARD CIP–014) CHANGE IN BURDEN
Number of
respondents 4

Number of
responses per
respondent

Total number
of responses

Average burden
hours & cost per
response

Total burden hours
& total cost

Average cost
per
respondent

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

(5) ÷ (1)

Change Annual Reporting and
Recordkeeping.
Total FERC–725U ............

344

1

344

32.71 hrs.; 2,845.77

11,252.24 hrs.;
$978,944.88.

$2,845.77

344

1

344

32.71 hrs.;
$2,845.77.

11,254.24 hrs.;
$978,944.88.

2,845.77

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;
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: September 1, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022–19399 Filed 9–7–22; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC22–19–000]

Commission Information Collection
Activities (FERC–919 and FERC–919A),
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, the Federal
Energy Regulatory Commission FERC–
919 (FERC–919, (Refinements to
Policies and Procedures for MarketBased Rates for Wholesale Sales of
Electric Energy, Capacity and Ancillary
Services by Public Utilities), and FERC–
919A, (Data Collection for Analytics and
Surveillance and Market-Based Rate

khammond on DSKJM1Z7X2PROD with NOTICES

SUMMARY:

4 The total number (344) of transmission owners
(326) plus transmission operators (18) not also
registered as owners, this represents the unique US
entities (taken from data as of May 6, 2022).

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Jkt 256001

Purposes), which will be submitted to
the Office of Management and Budget
(OMB) for review. No Comments were
received on the 60-day notice published
on June 24, 2022.
DATES: Comments on the collection of
information are due October 11, 2022.
ADDRESSES: Send written comments on
FERC–919 to OMB through
www.reginfo.gov/public/do/PRAMain.
Attention: Federal Energy Regulatory
Commission Desk Officer. Please
identify the OMB Control Number
(1902–0234) in the subject line of your
comments. Comments should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain.
Please submit copies of your
comments to the Commission. You may
submit copies of your comments
(identified by Docket No. IC22–19–000)
by one of the following methods:
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, Secretary of the
Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
Instructions: OMB submissions must
be formatted and filed in accordance
with submission guidelines at
www.reginfo.gov/public/do/PRAMain.
Using the search function under the
‘‘Currently Under Review’’ field, select
Federal Energy Regulatory Commission;
click ‘‘submit,’’ and select ‘‘comment’’
to the right of the subject collection.
FERC submissions must be formatted
and filed in accordance with submission
guidelines at: https://www.ferc.gov. For

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user assistance, contact FERC Online
Support by email at ferconlinesupport@
ferc.gov, or by phone at: (866) 208–3676
(toll-free).
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 https://www.ferc.gov/ferconline/overview.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov, telephone
at (202) 502–8663.
SUPPLEMENTARY INFORMATION:
Title: FERC–919, (Refinements to
Policies and Procedures for MarketBased Rates for Wholesale Sales of
Electric Energy, Capacity and Ancillary
Services by Public Utilities), and FERC–
919A, (Data Collection for Analytics and
Surveillance and Market-Based Rate
Purposes).
OMB Control No.: FERC–919 (1902–
0234), FERC–919A (1902–0317-moving
burden into 1902–0234)
Type of Request: Three-year extension
of these information collection
requirements for all collections
described below with no changes to the
current reporting requirements. Please
note: FERC–919A is a temporary
collection number proposed to be
combined into FERC–919.
Abstract: The FERC–919 collection 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.
FERC–919, as stated in 18 Code of
Federal Regulations (CFR) Part 35,
Subpart H,1 the Commission codifies
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), 119 FERC ¶ 61,295 (2007).

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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
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
market-based rate authority. Subpart H
mandates that sellers submit market
power analyses and related filings
(descriptions below). Market power
analyses must address both horizontal
and vertical market power.
Horizontal Market Power Analysis
To demonstrate a 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 or alternative
evidence to rebut the presumption of
horizontal market power. If a seller fails
to rebut the presumption of horizontal
market power, the Commission sets the
just and reasonable rate at the default
cost-based rate unless it approves
different mitigation based on case
specific circumstances. When
submitting horizontal market power
analyses, a seller must submit the
horizontal market power analysis into a
relational database for it to be
retrievable in conformance with the
instructions posted on the
Commission’s website.2 A seller must
also include all supporting materials
referenced in the indicative screens.
Vertical Market Power Analysis

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Change in Status Filings

Data Collection for Analytics and
Surveillance and Mkt.-Based Rate Purposes, Order
No. 860, 168 FERC ¶ 61,039 (2019), order on reh’g,
Order No. 860–A, 170 FERC ¶ 61,129 (2020).
3 A part of the associated burden is reported
separately in information collections FERC–516
(OMB Control Number: 1902–0096).

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In addition to the market power
analyses, a seller must submit
information into the relational database
in order to generate an asset appendix.
A seller must then reference this asset
appendix via serial number 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
• 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 inservice date and nameplate and/or
seasonal ratings by unit
• Must reflect if electric
transmissions and natural gas interstate
pipelines and/or gas storage facilities
are owned or controlled by the
corporate family and the balancing
authority areas of such facilities.
• List all long-term power purchases
and sales agreements attributed to a
seller and its affiliates by the corporate
family by balancing authority area, and
by geographic region, and provide the
start date and end date.
Sellers that own or control 500
megawatts or more 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.

• 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

VerDate Sep<11>2014

Asset Appendix

Triennial Market Power Analysis

To demonstrate a lack of vertical
market power, if a public utility with
market-based rates, or any of its
affiliates, owns, operates or controls
transmission facilities, that public
utility must:
• Have on file a Commissionapproved Open Access Transmission
Tariff 3

2 See

Æ Physical coal supply sources and
ownership or control over who may
access transportation of coal supplies
• Make an affirmative statement that
it and its affiliates have not erected and
will not erect barriers to entry into the
relevant market

Concerning changes in status filings,
the Commission requires that sellers file
notices of such changes no later than
each quarter after the change in status
occurs. The Commission also requires
that each seller must include an

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54993

appendix in the relational database
identifying specified assets with each
pertinent change in status notification
filed.
Relational Database Updates
A Seller must report on a monthly
basis changes to its previouslysubmitted relational database
information, excluding updates to the
horizontal market power screens. These
submissions must be made by the 15th
day of the month following the change.
These submissions include the asset
appendix information described above,
as well as other market-based
information concerning seller category,
operating reserves authorization,
identification of its ultimate upstream
affiliate(s), mitigation, and other
limitations.
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 500 megawatts or more of
generation in a 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
filing made to request such a
determination.
Type of Respondents: Public utilities,
wholesale electricity sellers.
Estimate of Annual Burden: 4 The
Commission estimates the total annual
burden and cost 5 for this information
collection as follows.
4 ‘‘Burden’’ is the total time, effort, or financial
resources expended by persons to generate,
maintain, retain, or disclose or provide information
to or for a Federal agency. For further explanation
of what is included in the information collection
burden, refer to Title 5 CFR 1320.3.
5 The estimated hourly cost (salary plus benefits)
provided in this section is based on the salary
figures for May 2021 posted by the Bureau of Labor
Statistics for the Utilities sector (available at http://
www.bls.gov/oes/current/naics2_22.htm#13-0000)
and scaled to reflect benefits using the relative
importance of employer costs in employee
compensation from May 2021 (available at https://
www.bls.gov/oes/current/naics2_22.htm). The
hourly estimates for salary plus benefits are:
Economist (Occupation Code: 19–3011), $75.75
Electrical Engineer (Occupation Code: 17–2071),
$72.15
Legal (Occupation Code: 23–0000), $142.25
The average hourly cost (salary plus benefits),
weighting all of these skill sets evenly, is $96.72.
The Commission rounds it to $97/hour.

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54994

Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices

FERC–919, REFINEMENTS TO POLICIES AND PROCEDURES FOR MARKET BASED RATES FOR WHOLESALE SALES OF
ELECTRIC ENERGY
Requirement

Number of
respondents

Annual
number of
responses per
respondent

Total number
of responses

Average burden &
cost per
response

Total annual burden
hours & cost

Annual cost
per
respondent
($)

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5) 5

(5) ÷ (1)

Market Power Analysis in New
Applications for Marketbased rates.
Triennial market power analysis.
Asset appendix addition to
change in status reports.
FERC–919A Burden carried
over from Order 860–A Category 1-(Ongoing).
FERC–919A Burden carried
over from Order 860–A Category 2-(Ongoing).
FERC–919A Burden Carried
over from Order 860–A Upstream Affiliates.

khammond on DSKJM1Z7X2PROD with NOTICES

Total .................................

144

1

144

135 hrs.; $13,095 ..

19,440 hrs.;
$1,885,680.

65

1

65

149

1

149

133.23 hrs.;
$12,923.31.
49 hrs.; $4,753 ......

1,000

.333

333

2.44 hrs; 6 $237.11

8,659.95 hrs.;
$840,015.15.
7,301 hrs.;
$708,197.
814 hrs.; $78,958 ..

1,500

1

1,500

4.10 hrs; 7 $397.96

6,154 hrs.;
$596,938.

440

1

440

46 hrs.; $4,462 ......

20,240 hrs.;
$1,963,280.

3,298

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

2,631

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

62,608.95 hrs.;
$6,073,068.15.

Row 1 (Market Power Analysis in
New Applications for Market-based
rates) will have 144 filings. Row 2
(Triennial market power analysis) will
have 65 filings. Row 3 (Asset appendix
addition to change in status reports) will
have 149 filings. There are a total of 358
filings in Rows 1 through 3.
Currently, there are 2,729 sellers that
would submit information into the
relational database. At the time of
implementation of Order No. 860, there
were 2,647 sellers that would submit
information into the relational database
in the first year of implementation. Six
institutional investors had FPA section
203(a)(2) blanket authorizations, which
collectively owned approximately 110
upstream affiliates that themselves
owned sellers. In the March Notice,8 the
Commission estimated an average of
four sellers affected for every upstream
affiliate, equaling 440 total sellers
during the first three years of
implementation of Order No. 860.
FERC–919A Burden carryover
explanation:
• RM16–17–000 Final Rule (Order
No. 860) (Category 1, 2nd Year and
Ongoing), as modified by Order of
August 2021—to 814 hrs.)
• RM16–17–000 Final Rule (Order
No. 860) (Category 2, 2nd Year and
6 The number used to calculate the costs is 2.4444
and was rounded for the table.
7 The number used to calculate the costs is 4.1026
and was rounded for the table.
8 Data Collection for Analytics & Surveillance &
Mkt.-Based Rate Purposes, 86 FR 17823 (Apr. 6,
2021), 174 FERC ¶ 61,214 (2021) (March Notice).

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18:19 Sep 07, 2022

Jkt 256001

Ongoing) as modified by Order of
August 2021—to 6,154 hrs.)
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;
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: September 1, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022–19404 Filed 9–7–22; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC22–18–000]

Commission Information Collection
Activities (FERC–715); Comment
Request; Extension
Federal Energy Regulatory
Commission.

AGENCY:

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$13,095
12,923.31
4,753
237.11
397.96
4,462

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

Notice of information collection
and request for comments.

ACTION:

In compliance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Energy Regulatory Commission
(Commission or FERC) is soliciting
public comment on the currently
approved information collection, FERC–
715 (Annual Transmission Planning and
Evaluation Report), which will be
submitted to the Office of Management
and Budget (OMB) for a review of the
information collection requirements.
DATES: Comments on the collection of
information are due October 11, 2022.
ADDRESSES: Send written comments on
FERC–715 to OMB through
www.reginfo.gov/public/do/PRAMain,
Attention: Federal Energy Regulatory
Commission Desk Officer. Please
identify the OMB control number
(1902–0171) in the subject line. Your
comments should be sent within 30
days of publication of this notice in the
Federal Register.
Please submit copies of your
comments (identified by Docket No.
IC22–18–000) to the Commission as
noted below. Electronic filing through
http://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.
SUMMARY:

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