Accounts requirements, specifically parts 41, 101, and 141 of the
Commission's regulations, except sections 141.14 and 141.15. The
Commission clarified that any waiver of part 101 granted to a market-
based rate seller is limited such that the waiver of the provisions of
part 101 that apply to hydropower licensees is not granted with respect
to licensed hydropower

projects. The Commission stated that hydropower licensees are required
to comply with the requirements of the Uniform System of Accounts
pursuant to 18 CFR part 101 to the extent necessary to carry out their
responsibilities under Part I of the FPA, particularly sections 4(b),
10(d) and 14 of the FPA.\454\ The Commission further noted that a
licensee's status as a market-based rate seller under Part II of the
FPA does not exempt it from accounting responsibilities as a licensee
under Part I of the FPA.\455\ Thus, hydropower licensees that received
waiver of Part 101 of the Commission's regulations as part of their
market-based rate applications under Part II of the FPA are cautioned
that such waivers do not relieve them of their obligations to comply
with the Uniform System of Accounts to the extent necessary to carry
out their responsibilities under Part I of the FPA with respect to
their licensed projects.
---------------------------------------------------------------------------

    \454\ In Trafalgar Power Inc., 87 FERC ] 61,207, at 61,798 n.46
(1999) (Trafalgar Power), the Commission stated:
    Under [s]ection 14 of the FPA, the Federal government may take
over a project upon expiration of the project's licensee,
conditioned upon the government's payment to the licensee of the
`net investment of the licensee in the project or projects taken.'
Section 4(b) requires licensees to file a statement showing the
`actual legitimate original cost of construction of such project' to
enable the Commission to determine `the actual legitimate cost of
and the net investment in' the project. Section 10(d) requires
licensees to establish an amortization reserve account that will
reflect excess or surplus earnings of their licensed project if such
earnings have accumulated in excess of a reasonable rate of return
upon the `net investment' in the project during a period beginning
after the first twenty years of operations. Pursuant to [s]ection
10(d) of the FPA the amount transferred to the amortization reserve
may be used to reduce a licensee's net investment in the project,
and if, after expiration of the license, the government takes over
the project under [s]ection 14, it will be required to compensate
the licensee for its net investment in the project, reduced by the
amortization reserve for the project.
    \455\ See Seneca Gen., LLC et al., 145 FERC ] 61,096, at P 23
n.20 (2013) (Seneca Gen) (citing Trafalgar Power, 87 FERC at
61,798).
---------------------------------------------------------------------------

    340. The Commission further directed market-based rate sellers that
own licensed hydropower projects to ensure that their market-based rate
tariffs reflect appropriate limitations on any waivers that previously
have been granted. Specifically, to the extent that the hydropower
licensee has been granted waiver of part 101 as part of its market-
based rate authority, the licensee's market-based rate tariff
limitations and exemptions section should be revised to provide that
the seller has been granted waiver of part 101 of the Commission's
regulations with the exception that waiver of the provisions that apply
to hydropower licensees has not been granted with respect to licensed
hydropower projects. Similarly, to the extent that a hydropower
licensee has been granted waiver of part 141 as part of its market-
based rate authority, it should ensure that the limitation and
exemptions section of its market-based rate tariff specifies that
waiver of part 141 has been granted, with the exception of sections
141.14 and 141.15 (which pertain to the filing by hydropower licensees
of Form No. 80, Licensed Hydropower Development Recreation Report, and
the Annual Conveyance Report). \456\
---------------------------------------------------------------------------

    \456\ See Domtar Maine, LLC, 133 FERC ] 61,207, at P 23 (2010).
---------------------------------------------------------------------------

    341. The Commission stated that these market-based rate tariff
compliance filings are to be made the next time the hydropower licensee
proposes a change to its market-based rate tariff, files a notice of
change in status pursuant to 18 CFR 35.42, or submits an updated market
power analysis in accordance with 18 CFR 35.37. In addition, going
forward, any market-based rate seller requesting waivers of parts 101
and/or 141 should include these limitations in their market-based rate
tariffs, regardless of whether they own any licensed hydropower
projects. This will ensure that hydropower licensees understand the
limitations on parts 101 and 141 waivers. To the extent that the
market-based rate seller is not a licensee, these limitations should
not have any effect as they only deny waiver of certain provisions
affecting licensees. If a market-based rate seller becomes a hydropower
licensee after it receives market-based rate authority, it must file
revisions to its market-based rate tariff to reflect the limitations in
its parts 101 and 141 waivers within 30 days of the effective date of
its license.
2. Comments
    342. Some commenters oppose the Commission's clarification that
hydropower licensees are required to comply with the requirements of
the Uniform System of Accounts pursuant to 18 CFR part 101 to the
extent necessary to carry out their responsibilities under Part I of
the FPA.\457\ They submit that the Commission in Order No. 697 decided
against repealing waivers of the accounting requirements given to
certain market-based rate entities, finding that ``little purpose would
be served to require compliance with accounting regulations for
entities that do not sell at cost-based rates and do not have captive
customers.'' \458\ In addition, they assert that hydropower licensees
with market-based rate authorizations neither sell at cost-based rates
nor have captive customers.
---------------------------------------------------------------------------

    \457\ EPSA at 17-18; NHA at 2-10; EEI at 21-22. But see APPA/
NRECA at 5; Golden Spread at 7.
    \458\ See, e.g., EPSA at 18 (citing Order No. 697, FERC Stats. &
Regs. ] 31,252 at P 985).
---------------------------------------------------------------------------

    343. Further, these commenters contend that requiring licensees to
bring their accounts into conformance with the Uniform System of
Accounts is not only unnecessary, but also would be costly and
burdensome, require substantial work, and impose potential costs
associated with hiring new accounting personnel, while yielding no
identified benefit. According to commenters, hydropower licensees can
already satisfy the statutory requirements in FPA Part I by employing
Generally Applicable Accounting Principles.
    344. National Hydropower Association (NHA) contends that the
regulatory burden imposed on hydropower licensees to conform to the
Uniform System of Accounts is disproportionate to the concern
underlying the Commission's clarification of hydropower licensees'
responsibilities, particularly sections 4(b), 10(d), and 14 of the FPA.
According to NHA, the calculation of net investment and amortization
reserves only becomes relevant in case of a federal takeover of the
project under section 14 of the FPA and during relicensing, if the
project is awarded to a competing applicant.\459\ Further, NHA argues
that there has not been a federal takeover of a licensed hydroelectric
project and the Commission has yet to issue a new license to a
competing applicant since the enactment of the FPA. Accordingly, NHA
argues that the remote likelihood that a licensee will be paid its
``net investment'' for a project should allow licensees flexibility
when complying with the FPA Part I statutory provisions identified in
the NOPR.\460\ Additionally, NHA argues that, in similar circumstances
where the Commission addressed the FPA compliance obligations in light
of an evolving electric industry, the Commission chose to eliminate a
regulatory burden.\461\ Therefore, NHA asserts that since hydropower
licensees can rely on Generally Accepted Accounting Principles to
comply with applicable provisions of FPA Part I, the Commission's
concerns regarding the FPA Part I provisions would not be implicated by
allowing hydropower

licensees to use Generally Accepted Accounting Principles to fulfill
their statutory obligations. Thus, commenters ask the Commission to
find that hydropower licensees can meet FPA Part I statutory
requirements if they follow Generally Accepted Accounting Principles.
However, if the Commission determines that licensees must comply with
part 101 in order to fulfill their statutory obligations under FPA Part
I, then commenters request that the Commission: (1) Provide guidance
regarding which requirements of part 101 it considers necessary to
comply with FPA Part I; \462\ (2) only apply this policy prospectively;
\463\ and (3) delay implementation of this policy for at least one year
to provide sufficient time to allow affected licensees to bring their
accounting ledgers into compliance.\464\ Regarding which specific
accounts the Commission would expect licensees to maintain, NHA and EEI
state the Commission should limit the number of accounts it deems
necessary for a hydropower licensee to carry out its responsibilities
under FPA Part I in order to minimize cost and burden for
companies.\465\
---------------------------------------------------------------------------

    \459\ NHA at 6 (citing 16 U.S.C. 807(a); 808(a)(1)).
    \460\ Id. at 7-8.
    \461\ Id. at 8 (citing Payment of Dividends From Funds Included
in Capital Account, 148 FERC ] 61,020 (2014)).
    \462\ EEI at 22; EPSA at 18; NHA at 8-9.
    \463\ EEI at 22; EPSA at 18; NHA at 8-9.
    \464\ EEI at 22; NHA at 8-9.
    \465\ EEI at 22: NHA at 9.
---------------------------------------------------------------------------

3. Commission Determination
    345. We affirm the NOPR clarification that any waiver of part 101
granted to a market-based rate seller is limited such that the waiver
of the provisions of part 101 that apply to hydropower licensees is not
granted with respect to Commission-licensed hydropower projects. We
recognize that in Order No. 697, the Commission concluded that ``the
costs of complying with the Commission's [Uniform System of Accounts]
requirements and, specifically parts 41, 101, and 141 of the
Commission's regulations, outweigh any incremental benefits of such
compliance where the seller only transacts at market-based rates.''
\466\ However, a licensee's status as a market-based rate seller under
Part II of the FPA does not exempt it from accounting responsibilities
as a hydropower licensee under Part I of the FPA.\467\ Thus, while
hydropower licensees may have received waiver of part 101 of the
Commission's regulations as part of their market-based rate
authorizations under Part II of the FPA, that waiver does not relieve
them of their obligations to comply with the Uniform System of Accounts
to the extent necessary to carry out their responsibilities under Part
I of the FPA with respect to their licensed projects. Moreover, we note
that such responsibilities to maintain the information required for
compliance with part 101 existed prior to the establishment of the
Commission's market-based rate program.
---------------------------------------------------------------------------

    \466\ Order No. 697, FERC Stats. & Regs. ] 31,252 at P 985.
    \467\ See Seneca Gen., 145 FERC ] 61,096 at P 23 n.20 (citing
Trafalgar Power, 87 FERC at 61,798).
---------------------------------------------------------------------------

    346. Regarding comments that the Commission's clarification is not
only unnecessary, but also would be costly and burdensome, require
substantial work, and impose potential costs associated with hiring new
accounting personnel, while yielding no identified benefit, we
disagree. We find that use of Generally Accepted Accounting Principles
will not satisfy the statutory requirements under FPA sections
4(b),\468\ 14,\469\ and 10(d).\470\ Further, although NHA contends that
the chances are remote that the United States federal government would
take over a hydropower project under FPA section 14, the chance still
exists. Under part 101 of the Commission's regulations, licensed
hydropower projects are required to maintain records that may be used
to calculate net investment in the event that the Commission recommends
that the United States federal government take over a hydropower
project under FPA section 14 (or another entity takes over the license
pursuant to FPA section 15). Thus, there is a need for licensees to
maintain adequate books and records in case either of those situations
occur. However, we will attempt to minimize the burden of compliance as
discussed below.
---------------------------------------------------------------------------

    \468\ 16 U.S.C. 797(b) (relating to determining actual
legitimate original cost of and net investment in a licensed
project).
    \469\ 16 U.S.C. 807 (regarding the right of the Federal
government to take over a project by paying the licensee its net
investment).
    \470\ 16 U.S.C. 803(d) (relating to surplus accumulated in
excess of a specified reasonable rate of return and requirement to
maintain amortization reserves that may be applied from time to time
to reduce net investment).
---------------------------------------------------------------------------

    347. We find that a hydropower licensee that sells only at market-
based rates may meet its obligations to comply with the Uniform System
of Accounts by following General Instruction No. 16 under part 101 of
the Commission's regulations.\471\ Accordingly, we clarify that
hydropower licensees that make sales only at market-based rates and
that have been granted Commission waiver of part 101 as part of their
market-based rate tariffs may satisfy the requirements in part 101 of
the Commission's regulations by following General Instruction No. 16
under part 101. We find that doing so will not be unduly burdensome.
However, we further clarify that hydropower licensees that have a cost-
based rate tariff on file with the Commission are still required to
comply with the full requirements of FPA sections 4(b), 10(d), and 14
and the amortization reserve article in their licenses.
---------------------------------------------------------------------------

    \471\ 18 CFR part 101 (General Instruction No. 16).
---------------------------------------------------------------------------

    348. We deny commenters' request that the Commission implement
these clarifications prospectively and delay the implementation for at
least one year to provide sufficient time to allow affected licensees
to bring their accounting ledgers into compliance. We find it is not
unduly burdensome for a hydropower licensee that sells only at market-
based rates to meet its longstanding obligation to comply with the
Uniform System of Accounts by following General Instruction No. 16
under part 101 of the Commission's regulations.
    349. Accordingly, as discussed in the NOPR, we will direct market-
based rate sellers that own licensed hydropower projects to ensure that
their market-based rate tariffs reflect appropriate limitations on any
waivers that previously have been granted. Specifically, to the extent
that the hydropower licensee has been granted waiver of part 101 as
part of its market-based rate authority, the licensee's market-based
rate tariff limitations and exemptions section should be revised to
provide that the seller has been granted waiver of part 101 of the
Commission's regulations with the exception that waiver of the
provisions that apply to hydropower licensees has not been granted with
respect to licensed hydropower projects. Similarly, to the extent that
a hydropower licensee has been granted waiver of part 141 as part of
its market-based rate authority, it should ensure that the limitation
and exemptions section of its market-based rate tariff specifies that
waiver of part 141 has been granted, with the exception of sections
141.14 and 141.15 (which pertain to the filing by hydropower licensees
of Form No. 80, Licensed Hydropower Development Recreation Report, and
the Annual Conveyance Report).\472\ As explained in the NOPR, these
market-based rate tariff compliance filings are to be made the next
time the hydropower licensee proposes a change to its market-based rate
tariff, files a notice of change in status pursuant to 18 CFR 35.42, or
submits an updated market power analysis in accordance with 18 CFR
35.37. In addition, going forward, any

market-based rate seller requesting waivers of parts 101 and/or 141
should include these limitations in its market-based rate tariffs,
regardless of whether it owns any licensed hydropower projects. This
will ensure that hydropower licensees understand the limitations on
parts 101 and 141 waivers. To the extent that the market-based rate
seller is not a licensee, these limitations should not have any effect
as they only deny waiver of certain provisions affecting licensees.
---------------------------------------------------------------------------

    \472\ See Domtar Maine, LLC, 133 FERC ] 61,207 at P 23.
---------------------------------------------------------------------------

    350. If an existing market-based rate seller becomes a hydropower
licensee and the Commission previously accepted the seller's market-
based rate tariff with full waivers without the limitations relating to
hydropower licensees discussed herein, the seller must file revisions
to its market-based rate tariff to reflect the limitations in its parts
101 and 141 waivers within 30 days of the effective date of its
hydropower license.

H. Miscellaneous Issues

1. Regional Reporting Schedule
a. Commission Proposal
    351. In the NOPR, the Commission noted that that section
35.37(a)(1) of the Commission's regulations requires Category 2 sellers
to submit a market power analysis according to the regional schedule
contained in Order No. 697. The Commission proposed to revise section
35.37(a)(1) so that instead of referring to the schedule contained in
Order No. 697, section 35.37(a)(1) would to refer to an updated
regional reporting schedule posted on the Commission's Web site.\473\
The Commission noted that the revised regional reporting schedule and
associated map may be found on the Commission's Web site at http://www.ferc.gov/industries/electric/gen-info/mbr/triennial/when.asp.
---------------------------------------------------------------------------

    \473\ The NOPR also included an updated region map in Appendix
D.
---------------------------------------------------------------------------

b. Comments
    352. EEI encourages the Commission to confer with the regulated
community before making changes in the schedule and map, to ensure that
those changes are workable and appropriate.\474\ Additionally, EEI
states that one significant step that the Commission could undertake to
reduce the burden on Category 2 sellers would be to extend the time
frame for submitting updated analyses from every three years to every
four to five years. EEI states that the Commission would continue to
receive change in status filings as needed in the interim that would
alert the Commission of changes occurring in a given market that might
raise potential market power concerns, and if the Commission is
concerned about those changes, the Commission already has the right to
ask for more information or even an updated market power analysis from
the seller filing the change in status report.\475\
---------------------------------------------------------------------------

    \474\ EEI at 22.
    \475\ Id. at 23.
---------------------------------------------------------------------------

c. Commission Determination
    353. We adopt the NOPR's proposal to revise section 35.37(a)(1) of
the Commission's regulations with regard to the regional reporting
schedule. The regional reporting schedule and associated map can be
found on the Commission's Web site.\476\ In response to EEI's request
that the Commission confer with the regulated community before making
changes to the regional reporting schedule, we clarify that we are not
changing the regional reporting schedule; we simply are changing the
regulation to refer to the up-to-date schedule posted on the
Commission's Web site. Our intention is to make the reporting schedule
more transparent and accessible. We do not adopt EEI's suggestion to
extend the time frame for submitting updated market power analyses from
every three years to every four to five years. This suggestion is
outside the scope of the NOPR. In any event, we believe that three
years is a reasonable reporting schedule for filing updated market
power analyses. EEI contends that sellers would submit change in status
filings in the interim period. But change in status filings, while
important, often lack the level of detail provided in updated market
power analyses, such as indicative screens or SIL studies. Finally, in
response to EEI's request that the Commission confer with the regulated
community before making changes to the regional reporting schedule, we
note that the region map is reflective of circumstances (such as
mergers) that already have taken place. Future changes to the map would
occur if, for example, a seller moved from an RTO in one region to an
RTO in another region.
---------------------------------------------------------------------------

    \476\ The regional reporting schedule and region map can be
found on the Commission's Web site at http://www.ferc.gov/industries/electric/gen-info/mbr/triennial/when.asp. Additionally,
we include the regional reporting schedule in Appendix C of this
Final Rule and the region map in Appendix D of this Final Rule.
---------------------------------------------------------------------------

2. Affirmative Statement
a. Commission Proposal
    354. In the NOPR, the Commission noted that in Order No. 697, as
part of the vertical market power analysis, the Commission stated that
it would require sellers to make an affirmative statement that they
have not erected barriers to entry into the relevant market and will
not erect barriers to entry into the relevant market. The Commission
further noted that the requirement is codified at section 35.37(e)(4).
The Commission explained that although the Commission stated in Order
No. 697 that the obligation applies both to the seller and its
affiliates,\477\ many sellers have not mentioned their affiliates when
making their affirmative statements. Therefore, the Commission proposed
to revise section 35.37(e)(4) (which was proposed elsewhere in the NOPR
to be renumbered as section 35.37(e)(3)) to make clear that the
affirmative statement requirement applies to the seller and its
affiliates.
---------------------------------------------------------------------------

    \477\ See Order No. 697, FERC Stats. & Regs. ] 31,252 at P 447.
---------------------------------------------------------------------------

b. Comments
    355. APPA/NRECA and Golden Spread support clarifying that an
applicant for market-based rate authority must affirmatively state, on
behalf of itself and its affiliates, that they have not and will not
erect barriers to entry in the relevant market(s).\478\
---------------------------------------------------------------------------

    \478\ APPA/NRECA at 5; Golden Spread at 7.
---------------------------------------------------------------------------

c. Commission Determination
    356. We adopt the proposal in the NOPR concerning the affirmative
statement. No adverse comments were filed with respect to this
proposal. As noted above, this obligation already applies both to the
seller and its affiliates. However, because many sellers have not
mentioned their affiliates when making their affirmative statements, we
adopt the proposal to revise the regulations to make it clear that the
affirmative statement requirement applies to the seller and its
affiliates. The revised regulation will appear at section 35.37(e)(3).
3. Comments of Barrick
a. Comments
    357. Barrick Goldstrike Mines (Barrick) notes that the Commission
previously found that ``mitigated sellers and their affiliates are
prohibited from selling power at market based rates in the balancing
authority area in which the seller is found, or presumed, to have
market power.'' \479\ Barrick also notes

that, in Order No. 697, the Commission recognized that wholesale sales
made at the metered boundary for export lend themselves to being
monitored for compliance and concluded to allow mitigated sellers to
make such sales.\480\ Barrick further notes that in Order No. 697, to
ensure that the mitigated seller and its directly related companies did
not sell the same power purchased by a third party at the metered
boundary back into the balancing authority area where the seller is
mitigated, the Commission imposed record keeping requirements for these
sales.\481\ Barrick states that, ``rather than dealing with the
additional regulatory burdens and risk of non-compliance,'' mitigated
sellers may instead choose not to make any market-based rate sales at
the metered boundary and that this is problematic.\482\ Barrick argues
that permitting affiliates to choose not to sell at a metered boundary
hinders the development of more robust competition. Barrick also
represents that Berkshire Hathaway Energy Company's affiliates have
elected not to sell in a market based on a rebuttable presumption that
a seller has market power, but have done nothing to rebut or
substantiate that presumption.\483\ Barrick suggests that the
Commission reevaluate the mitigation rules and the definition of
``affiliate'' in certain cases.\484\
---------------------------------------------------------------------------

    \479\ Barrick at 6 (citing Order No. 697-C, FERC Stats. & Regs.
] 31,291 at P 42) (emphasis added by Barrick). Barrick states that
``affiliate'' is broadly defined in the market-based rate regulation
and may need to be refined to be limited to the relationship between
a franchised public utility with captive customers and its
associated market-regulated power sales company. Id.
    \480\ Id. at 7 (citing Order No. 697, FERC Stats. & Regs. ]
31,252 at P 820).
    \481\ Id.
    \482\ Id. (emphasis by Barrick).
    \483\ Id. at 8-9.
    \484\ In particular, where (a) no RTO or ISO exists in the
region so parties must depend on bilateral contracts; (b) dominant
utility power suppliers with geographically large balancing
authority areas and common ownership due to consolidation are
present; (c) construction of electric generation facilities in these
geographically large balancing authority areas is dominated by the
utility power suppliers because they have relatively easy access to
funding through retail ratepayer funding; and (d) dominant utility
power suppliers are refusing to sell wholesale power into balancing
authority areas, even where they have not been found to have market
power. Id. at 7-8 (arguing that Order No. 697 did not adequately
anticipate the possibilities brought about by the repeal of PUHCA of
1938, so now entities, are becoming too big to regulate with
traditional rules).
---------------------------------------------------------------------------

    358. Barrick further asserts that Order No. 697 should be amended
in such a way to allow full optimization of imbalance energy across the
broader footprint of CAISO Energy Imbalance Market \485\ (EIM) and the
sharing of other resources within the Northwest Power Pool.\486\
Barrick states that the mitigation rules adopted in Order No. 697 cause
imbalance energy across the broader CAISO EIM footprint to not be
optimized despite the fact that transmission between the entities in
the EIM is available, resulting in the inefficient implementation of
the CAISO EIM.\487\
---------------------------------------------------------------------------

    \485\ Id. at 10, 13 (citing Cal. Indep. Sys. Operator Corp.,
Transmittal Letter, Docket No. ER14-1836-000 (filed Feb. 28, 2014)
and Cal. Indep. Sys. Operator Corp., 147 FERC ] 61,231 (2014)).
    \486\ Id. at 10-13.
    \487\ Id. at 11 (explaining that CAISO and NV Energy will be
able to purchase and sell five-minute real-time energy under a
market-driven regime for meeting energy imbalance needs, and CAISO
and PacifiCorp will be able to purchase and sell five-minute real-
time energy under a market-driven regime for meeting energy
imbalance needs, but PacifiCorp and NV Energy will not be able to
purchase and sell five-minute real-time energy under a market-driven
regime for meeting energy imbalance needs).
---------------------------------------------------------------------------

b. Commission Determination
    359. With respect to Barrick's requests to revisit the Commission's
findings in Order No. 697 that ``mitigated sellers and their affiliates
are prohibited from selling power at market-based rates in the
balancing authority area in which the seller is found, or presumed, to
have market power'' and the definition of ``affiliate,'' at least in
certain cases, we find that they are beyond the scope of this
rulemaking. Accordingly, we will not address Barrick's comments in this
Final Rule.\488\
---------------------------------------------------------------------------

    \488\ Additionally, reply comments were filed in response to
Barrick's comments but they are not permitted in this proceeding.
---------------------------------------------------------------------------

V. Section-by-Section Analysis of Regulations

1. Section 35.36 Generally

    360. This section defines certain terms specific to Subpart H and
explains the applicability of subpart H.
    361. The NOPR proposed to redefine ``Category 1 Seller'' in
paragraph (a)(2) to clarify the distinction in determining the seller
category status of power marketers and power producers. Specifically,
that for purposes of determining category status, a power marketer
should include all affiliated generation capacity in that region, but
that a power producer only needs to include affiliated generation that
is located in the same region as the power producer's generation
assets.
    362. The Final Rule adopts the regulatory text changes proposed in
the NOPR regarding the definition of Category 1 Seller in paragraph
(a)(2).

2. Section 35.37 Market Power Analysis Required

    363. This section describes the market power analysis the
Commission employs, as discussed in the preamble, and when sellers must
file one. It is intended to identify the key aspects of the analysis.
    364. The NOPR proposed to change the reference in paragraph (a)(1)
for the location of the regional reporting schedule from Order No. 697
to the Commission's Web site. The NOPR proposed to add a requirement in
paragraph (a)(2) that sellers include as part of their updated market
power analyses, an organizational chart depicting their current
corporate structure, indicating all upstream owners, energy
subsidiaries and energy affiliates. The NOPR proposed to revise
paragraph (c)(4) to specify that sellers must file their indicative
screens in an electronic spreadsheet format. The NOPR proposed to add
paragraph (c)(5) to require that sellers use the format provided in
appendix A of subpart H of part 35 and, if applicable, file SIL
Submittals 1 and 2 in the electronic spreadsheet format provided on the
Commission's Web site. The NOPR also proposed to add paragraph (c)(6)
to provide that sellers in RTO/ISO markets with Commission-approved
market monitoring and mitigation may, in lieu of submitting the
indicative screens, include a statement that they are relying on such
mitigation to address any potential horizontal market power concerns.
The NOPR proposed to remove paragraph (e)(2) to remove the requirement
that sellers address sites for generation capacity development as part
of their market power analyses and to renumber paragraphs (e)(3) and
(e)(4) as paragraphs (e)(2) and (e)(3) respectively and to revise new
paragraph (e)(3) to clarify that the vertical market power affirmative
statement must be made on behalf of the seller and its affiliates.
    365. The Final Rule adopts the regulatory text changes proposed in
the NOPR regarding the location of the schedule for updated market
power filings in paragraph (a)(1). The Final Rule also adopts the NOPR
proposal to revise the language in paragraph (a)(2) to require an
organizational chart; however the language varies from that proposed in
the NOPR to limit the organizational chart to depicting affiliates as
discussed in the Corporate Families discussion above. The Final Rule
also adopts the NOPR regulatory text changes to paragraphs (c)(4) and
(c)(5) regarding submission of the indicative screens and SIL
Submittals 1 and 2 in electronic spreadsheet formats. Consistent with
the Horizontal Market Power discussion, the Final Rule does not adopt
the NOPR proposal to add a new paragraph allowing sellers in RTO/ISO
markets to rely on market monitoring and mitigation in lieu of
submitting indicative screens. The Final Rule adopts the NOPR proposal
to

amend the language of paragraph (e)(3) to clarify that the affirmative
statement must be made on behalf of the seller and its affiliates.

3. Section 35.42 Change in Status Reporting Requirement

    366. The NOPR proposed several revisions to the regulation,
including a change to paragraph (a)(1) to clarify that the 100 MW
reporting threshold is not limited to market previously studied and
includes both the relevant market and any first-tier markets. The NOPR
proposed a change to paragraph (a)(2)(i) to apply a 100 MW threshold
for reporting new affiliations and to include in that threshold long-
term firm purchases of capacity and/or energy and to included
cumulative increases in the first-tier markets as well as the relevant
market. The NOPR also proposed to revise paragraph (c) to require
sellers to submit organizational chart unless the change in status does
not affect the seller's structure. In addition, the NOPR proposed
revisions to paragraph (b) to remove a reference to change in status
filings to report acquisition of control of sites for new generation
capacity development and to remove paragraphs (d) and (e), which
address site control reporting, which is being eliminated as explained
in the Notices of Change in Status discussion.
    367. The Final Rule adopts the proposed edits to paragraph (a)
except as discussed herein. In paragraphs (a)(1) and (a)(2)(i), the
language proposed in the NOPR including first-tier markets is not
included in accordance with the Notices of Change in Status discussion
and the requirement is limited to 100 MW or more change in any
individual relevant geographic market. The Final Rule adopts the NOPR
proposal to add a 100 MW threshold to the change in status reporting
requirement and, consistent with the Capacity Ratings discussion, adds
language in paragraph (a)(2)(i) to specify that energy-limited
resources may use a five-year capacity rating for purposes of
calculating the threshold.
    368. Consistent with the Vertical Market Power--Land Acquisition
Reporting discussion, the Final Rule adopts the proposals to remove
references to reporting new sites for generation capacity development,
removing paragraphs (d) and (e) in their entirety and deleting the
reference to site reporting from paragraph (b).
    369. Finally, the Final Rule adopts the proposed edits to paragraph
(c) except as discussed herein. Consistent with the Corporate
Organizational Charts discussion, the Final Rule does not include the
reference to upstream owners and energy subsidiaries, and requires only
that the organizational charts indicate all affiliates.

4. Miscellaneous

VI. Information Collection Statement

    370. The Office of Management and Budget (OMB) regulations require
approval of certain information collection and data retention
requirements imposed by agency rules.\489\ Upon approval of a
collection(s) of information, OMB will assign an OMB control number and
an expiration date. Respondents subject to the filing requirements of a
rule will not be penalized for failing to respond to these collections
of information unless the collections of information display a valid
OMB control number.
---------------------------------------------------------------------------

    \489\ 5 CFR 1320.11(b) (2015).
---------------------------------------------------------------------------

    371. The Commission is submitting the proposed modifications to its
information collections to OMB for review and approval in accordance
with section 3507(d) of the Paperwork Reduction Act of 1995.\490\ In
the NOPR, the Commission solicited comments on the Commission's need
for this information, whether the information will have practical
utility, the accuracy of the burden estimates, ways to enhance the
quality, utility, and clarity of the information to be collected or
retained, and any suggested methods for minimizing respondents' burden,
including the use of automated information techniques. The Commission
included a table that listed the estimated public reporting burdens for
the proposed reporting requirements, as well as a projection of the
costs of compliance for the reporting requirements.
---------------------------------------------------------------------------

    \490\ 44 U.S.C. 3507(d) (2012).
---------------------------------------------------------------------------

Comments

    372. In response to the Commission's proposals regarding changes to
the indicative screen reporting requirements, EEI notes that, if the
Commission wants sellers to submit the indicative screens in appendix A
in formats other than the standard formats, such as Adobe, Excel, or
Word, the Commission should acknowledge that requiring the use of more
complex formats and new details in appendix A will entail some
additional burden on sellers filing the information, at least during
the initial round of using such formats.\491\
---------------------------------------------------------------------------

    \491\ EEI at 10.
---------------------------------------------------------------------------

Commission Determination

    373. We revise the Information Collection Statement estimates
contained in the NOPR because the Commission has made several changes
to its NOPR proposal in this Final Rule, which are discussed below.
    374. First, we do not adopt in the Final Rule the NOPR proposal to
eliminate the requirement in section 35.37 \492\ to file the indicative
screens as part of a horizontal market power analysis for any seller in
an RTO if the seller is relying on Commission-approved monitoring and
mitigation to mitigate any potential market power it may have. The NOPR
presupposed a decrease in its burden estimate regarding this proposal,
and we have adjusted the burden estimate in the table below to reflect
that this burden will not change from current regulations.
---------------------------------------------------------------------------

    \492\ 18 CFR 35.37.
---------------------------------------------------------------------------

    375. Second, we will modify the NOPR's proposal to require sellers
to file corporate organizational charts including all upstream owners,
energy subsidiaries, and energy affiliates in initial market-based rate
applications and related filings. The organizational charts will still
be required, but they will be limited to include the seller's
affiliates as defined in section 35.36(a)(9) of the Commission's
regulations rather than all upstream owners, ``energy subsidiaries''
and ``energy affiliates.'' This modification of the NOPR proposal
constitutes a small burden decrease from the NOPR. Because the
corporate organizational chart filing is similar to that proposed in
the NOPR, we are not modifying the estimated public reporting burdens
for this proposed reporting requirement in the table below. We believe
that the revised burden estimates below are representative of the
average burden on filers.
    376. Third, we do not adopt the NOPR proposal to clarify that
sellers must report behind-the-meter generation in the indicative
screens and asset appendices, and have such generation count toward
change in status and category status thresholds. These changes
represent a small decrease in burden due to the reduction in filings
from not including behind-the-meter generation as part of the 100 MW
generation threshold to trigger filing a notice of change in status for
new affiliations.
    377. Fourth, we modify the NOPR's proposed changes to the asset
appendix by (1) requiring separate worksheets in the Asset Appendix for
long-term PPAs and end notes, (2) adding new columns to the generation
asset list for explanatory end note numbers and information regarding
capacity ratings, and (3) adding new columns to the

transmission list for citation to the order accepting the OATT or
approving transfer of transmission facility to an RTO/ISO and
explanatory end note numbers. The NOPR presupposed a burden decrease in
its burden estimate regarding this proposal, and we have adjusted the
burden estimate in the table below to reflect that, as amended, the
burden will not change from current regulations. While these changes
represent a small increase in burden, this burden is counterbalanced by
the decrease in burden from eliminating the proposed requirements to
report behind-the-meter generation in indicative screens and for change
in status and seller category thresholds. Thus, we believe that the
overall burden will not change when these two changes are averaged
together.
    378. In response to EEI's comment that the use of more complex
formats for indicative screens will entail additional burden,
Commission regulations already require the submission of indicative
screens, and the Final Rule adopts the NOPR proposal to require these
screens in electronic format. We view this as a de minimis decrease in
burden for several reasons. While the new rows in the indicative
screens may appear to require additional information to complete the
screens (e.g., rows A1, B1, L1, M, U, and V in the market share
screen), the information entered in these new rows is simply
disaggregated information that was previously required, but often
erroneously aggregated into values in other rows. Requiring sellers to
explicitly enter this information will reduce computation errors and
subsequent phone calls from staff to correct problems in the screens.
Also, these new screens are workable electronic spreadsheets with pre-
programmed formulas in certain cells that compute intermediate and
final cell values. Embedding these pre-programmed formulas into the
worksheet will reduce the amount of time that sellers will spend
creating and calculating the indicative screens, increase the accuracy
of the values entered (e.g., sellers will now enter only positive
values and no longer have to enter values surrounded by parentheses to
indicate a negative value), and eliminate computation errors that
sellers have frequently made in the past. Thus, we consider the
electronic format and the additional columns of information in the
indicative screens to average out to be a de minimis decrease in burden
for filers and project that the average burden on filers will not
change from current regulations.

                                                          FERC-919 (Final Rule in RM14-14-000)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Annual number  of                     Average  burden &     Total annual
                                            Number of        responses  per    Total number  of      cost  per       burden hours  &        Cost per
                                           respondents         respondent         responses        response \493\   total annual cost   respondent  ($)
                                                      (1)                (2)      (1)*(2) = (3)                (4)      (3)*(4) = (5)          (5) / (1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Applications for Market-Based                     213                  1                213          \494\ 250             53,250            $21,268
 Rates (18 CFR 35.37..................                                                                     $21,268         $4,529,998
Triennial Market Power Analysis in                     83                  1                 83                250             20,750            $21,268
 Category 2 Seller Updates (18 CFR                                                                         $21,268         $1,765,203
 35.37)...............................
Quarterly Land Acquisition Reports [18                  0                  0                  0                  0                  0                 $0
 CFR 35.42(d)]........................                                                                          $0                 $0
Change in Status Reports [18 CFR                       27                  1                 27                250              6,750            $21,268
 35.42(a)], With Screens..............                                                                     $21,268           $574,222
Change in Status reports [18 CFR                      186                  1                186                 20              3,720             $1,701
 35.42(a)], No Screens................                                                                      $1,701           $316,460
    Total.............................                                                      509                                84,470            $14,118
                                                                                $7,185,883
--------------------------------------------------------------------------------------------------------------------------------------------------------

    After implementation of the proposed changes, the total estimated
annual cost of burden to respondents is $7,185,882.90 [84,470 hours x
$85.07 \495\) = $7,185,882.90].
---------------------------------------------------------------------------

    \493\ The Commission estimates this figure based on the Bureau
of Labor Statistics data (for the Utilities sector, at http://www.bls.gov/oes/current/naics2_22.htm, plus benefits information at
http://www.bls.gov/news.release/ecec.nr0.htm). The salaries (plus
benefits) for the three occupational categories are:
     Economist: $67.75/hour
     Electric Engineer: $59.62/hour
     Lawyer: $128.02/hour
    ($67.57 + $59.62 + $128.02) / 3 = $85.07
    \494\ The Commission notes that the estimate of 250 hours per
new application is a conservative estimate and most likely
overstates burden because some sellers (i.e., power marketers with
no generation to study and sellers that only have fully committed
generation) will not have to file indicative screens with their
initial applications.
    \495\ The Commission estimates this figure based on the Bureau
of Labor Statistics data (for the Utilities sector, at http://www.bls.gov/oes/current/naics2_22.htm, plus benefits information at
http://www.bls.gov/news.release/ecec.nr0.htm). The salaries (plus
benefits) for the three occupational categories are:
     Economist: $67.75/hour
     Electric Engineer: $59.62/hour
     Lawyer: $128.02/hour
    ($67.57 + $59.62 + $128.02)/3 = $85.07

---------------------------------------------------------------------------

    Title: Proposed Revisions to Market Based Rates for Wholesale Sales
of Electric Energy, Capacity and Ancillary Services by Public Utilities
(FERC-919).
    Action: Revision of Currently Approved Collection of Information.
    OMB Control No.: 1902-0234.
    Respondents for this Rulemaking: Public utilities, wholesale
electricity sellers, businesses, or other for profit and/or not for
profit institutions.
    Frequency of Responses:
    Initial Applications: On occasion.
    Updated Market Power Analyses: Updated market power analyses are
filed every three years by Category 2 sellers seeking to retain market-
based rate authority.
    Land Acquisitions: We will eliminate this requirement under the
Final Rule.
    Change in Status Reports: On occasion.
    Necessity of the Information:
    Initial Applications: In order to receive market-based rate
authority, the Commission must first evaluate whether a seller has the
ability to exercise market power. Initial applications help inform the
Commission as to whether an entity seeking market-based rate authority
lacks market power, and whether sales by that entity will be just and
reasonable.
    Updated Market Power Analyses: Triennial updated market power
analyses allow the Commission to monitor market-based rate sellers to
detect changes in market power or potential abuses of market power. The
updated market power analysis permits the Commission to determine that
continued market-based rate authority will still yield rates that are
just and reasonable.
    Change in Status Reports: The change in status requirement provides
the Commission with information regarding changes that could affect
facts the Commission relied upon in granting market-based rate
authority and thus permits the Commission to ensure that rates and
terms of service offered by market-based rate sellers remain just and
reasonable.
    Internal Review: The Commission has reviewed the reporting
requirements and made a determination that revising the reporting
requirements will ensure the Commission has the necessary data to carry
out its statutory mandates, while eliminating unnecessary burden on
industry. The Commission has assured itself, by means of its internal
review, that there is specific, objective support for the burden
estimate associated with the information requirements.
    379. Interested persons may obtain information on the reporting
requirements by contacting: Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426 [Attention: Ellen Brown, Office
of the Executive Director, email<EMAIL_ADDRESS>phone: (202)
502-8663, fax:<PHONE_NUMBER>]. Comments concerning the requirements of
this rule may also be sent to the Office of Information and Regulatory
Affairs, Office of Management and Budget, Washington, DC 20503
[Attention: Desk Officer for the Federal Energy Regulatory Commission].
For security reasons, comments should be sent by email to OMB at
<EMAIL_ADDRESS>Comments submitted to OMB should refer to
FERC-919 and OMB Control Number 1902-0234.

VII. Environmental Analysis

    380. 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.\496\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural, or that do not substantially change the
effect of the regulations being amended.\497\ The actions here fall
within this categorical exclusion in the Commission's regulations.
---------------------------------------------------------------------------

    \496\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \497\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------

VIII. Regulatory Flexibility Act

    381. The Regulatory Flexibility Act of 1980 (RFA) \498\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
Thus, the Commission estimates that the rulemaking will impose only a
minimal additional burden on responsible entities, as described below.
---------------------------------------------------------------------------

    \498\ 5 U.S.C. 601-612 (2012).
---------------------------------------------------------------------------

    382. The final rule in RM14-14-000 is expected to impose an
additional burden on 2,002 entities. Comparison of the applicable
entities with FERC's small business data indicates that approximately
1,634, or 82 percent \499\ of the 2,002 entities are small entities
affected by this Final Rule.\500\
---------------------------------------------------------------------------

    \499\ 81.6 percent.
    \500\ The Small Business Administration sets the threshold for
what constitutes a small business. Public utilities may fall under
one of several different categories, each with a size threshold
based on the company's number of employees, including affiliates,
the parent company, and subsidiaries. For the analysis in this Final
Rule, we use a 750 employee threshold for each affected entity. Each
entity is classified as Electric Bulk Power Transmission and Control
(NAICS code 221121), Fossil Fuel Generation (NAICS code 221112), or
Nuclear Power Generation (NAICS code 221113).
---------------------------------------------------------------------------

    383. On average, each small entity affected may have a one-time
cost of $4,207.19, representing 84,470 hours at $67.57/hour (for
economists), $59.62/hour (for electrical engineers), and $128.02/hour
(for lawyers). These figures represent the implementation burden of the
changes to FERC-919 per the RM14-14-000 Final Rule, as explained above
in the information collection statement. Accordingly, the Commission
certifies that this rulemaking will not have a significant economic
impact on a substantial number of small entities. The Commission seeks
comment on this certification.

IX. Document Availability

    384. 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 (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    385. 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.
    386. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
X. Effective Date and Congressional Notification

    387. This Final Rule is effective January 28, 2016. The Commission
has

determined, with the concurrence of the Administrator of the Office of
Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996. This Final Rule is being
submitted to the Senate, House, and Government Accountability Office.

List of Subjects in 18 CFR Part 35

    Electric power rates, Electric utilities, Reporting and
recordkeeping requirements.

    By the Commission.

    Issued: October 16, 2015.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission amends part 35,
chapter I, title 18, Code of Federal Regulations, as follows:

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

0
1. The authority citation for part 35 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

0
2. Amend Sec.  35.36 by revising paragraph (a)(2) to read as follows:

Sec.  35.36  Generally.

    (a) * * *
    (2) Category 1 Seller means a Seller that:
    (i) Is either a wholesale power marketer that controls or is
affiliated with 500 MW or less of generation in aggregate per region or
a wholesale power producer that owns, controls or is affiliated with
500 MW or less of generation in aggregate in the same region as its
generation assets;
    (ii) Does not own, operate or control transmission facilities other
than limited equipment necessary to connect individual generating
facilities to the transmission grid (or has been granted waiver of the
requirements of Order No. 888, FERC Stats. & Regs. ] 31,036);
    (iii) Is not affiliated with anyone that owns, operates or controls
transmission facilities in the same region as the Seller's generation
assets;
    (iv) Is not affiliated with a franchised public utility in the same
region as the Seller's generation assets; and
    (v) Does not raise other vertical market power issues.
* * * * *

0
3. Amend Sec.  35.37 as follows:
0
a. In paragraph (a)(1), remove the phrase ``contained in Order No. 697,
FERC Stats. & Regs. ] 31,252'' and add in its place ``posted on the
Commission's Web site''.
0
b. Revise paragraphs (a)(2) and (c)(4).
0
c. Add paragraph (c)(5).
0
d. Remove paragraph (e)(2) and redesignate paragraphs (e)(3) and (4) as
paragraphs (e)(2) and (3), respectively.
0
e. Remove the period at the end of newly redesignated paragraph (e)(2)
and add ``; and'' in its place.
0
f. Revise newly redesignated paragraph (e)(3).
    The revisions and additions read as follows:

Sec.  35.37  Market power analysis required.

    (a) * * *
    (2) When submitting a market power analysis, whether as part of an
initial application or an update, a Seller must include an appendix of
assets, in the form provided in appendix B of this subpart, and an
organizational chart. The organizational chart must depict the Seller's
current corporate structure indicating all affiliates.
* * * * *
    (c) * * *
    (4) When submitting the indicative screens, a Seller must use the
format provided in appendix A of this subpart and file the indicative
screens in an electronic spreadsheet format. A Seller must include all
supporting materials referenced in the indicative screens.
    (5) Sellers submitting simultaneous transmission import limit
studies must file Submittal 1, and, if applicable, Submittal 2, in the
electronic spreadsheet format provided on the Commission's Web site.
* * * * *
    (e) * * *
    (3) A Seller must ensure that this information is included in the
record of each new application for market-based rates and each updated
market power analysis. In addition, a Seller is required to make an
affirmative statement that it and its affiliates have not erected
barriers to entry into the relevant market and will not erect barriers
to entry into the relevant market.
* * * * *

0
4. Amend Sec.  35.42 as follows:
0
a. Revise paragraphs (a)(1) and (2) and (c).
0
b. In paragraph (b), remove the phrase ``, other than a change in
status submitted to report the acquisition of control of a site or
sites for new generation capacity development,''.
0
c. Remove paragraphs (d) and (e).
    The revisions read as follows:

Sec.  35.42  Change in status reporting requirement.

    (a) * * *
    (1) Ownership or control of generation capacity or long-term firm
purchases of capacity and/or energy that results in cumulative net
increases (i.e., the difference between increases and decreases in
affiliated generation capacity) of 100 MW or more of nameplate capacity
in any individual relevant geographic market, or of inputs to electric
power production, or ownership, operation or control of transmission
facilities; or
    (2) Affiliation with any entity not disclosed in the application
for market-based rate authority that:
    (i) Owns or controls generation facilities or has long-term firm
purchases of capacity and/or energy that results in cumulative net
increases (i.e., the difference between increases and decreases in
affiliated generation capacity) of 100 MW or more of capacity based on
nameplate or seasonal capacity ratings, or, for energy-limited
resources, five-year average capacity factors, in any individual
relevant geographic market;
    (ii) Owns or controls inputs to electric power production;
    (iii) Owns, operates or controls transmission facilities; or
    (iv) Has a franchised service area.
* * * * *
    (c) When submitting a change in status notification regarding a
change that impacts the pertinent assets held by a Seller or its
affiliates with market-based rate authorization, a Seller must include
an appendix of all assets, including the new assets and/or affiliates
reported in the change in status, in the form provided in appendix B of
this subpart, and an organizational chart. The organizational chart
must depict the Seller's prior and new corporate structures indicating
all affiliates unless the Seller demonstrates that the change in status
does not affect the corporate structure of the Seller's affiliations.

0
5. Revise appendix A to subpart H to read as follows:

Appendix A to Subpart H of Part 35--Standard Screen Format

BILLING CODE 6717-01-P

[GRAPHIC] [TIFF OMITTED] TR30OC15.000

[GRAPHIC] [TIFF OMITTED] TR30OC15.001

0
6. Revise appendix B to subpart H to read as follows:

Appendix B to Subpart H of Part 35--Corporate Entities and Assets
Sample Appendix
[GRAPHIC] [TIFF OMITTED] TR30OC15.002

[GRAPHIC] [TIFF OMITTED] TR30OC15.003

[GRAPHIC] [TIFF OMITTED] TR30OC15.004

[GRAPHIC] [TIFF OMITTED] TR30OC15.005

    Note: The following appendices will not be published in the Code
of Federal Regulations.

Appendix C to the Final Rule: Regional Reporting Schedule
[GRAPHIC] [TIFF OMITTED] TR30OC15.006

[GRAPHIC] [TIFF OMITTED] TR30OC15.007

[GRAPHIC] [TIFF OMITTED] TR30OC15.008

[GRAPHIC] [TIFF OMITTED] TR30OC15.009

[GRAPHIC] [TIFF OMITTED] TR30OC15.010

[GRAPHIC] [TIFF OMITTED] TR30OC15.011

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[GRAPHIC] [TIFF OMITTED] TR30OC15.013

BILLING CODE 6717-01-C

Appendix F to the Final Rule: List of Commenters and Acronyms

------------------------------------------------------------------------
                Commenter                        Short name/acronym
------------------------------------------------------------------------
American Antitrust Institute.............  AAI
American Electric Power Service            AEP
 Corporation.
American Public Power Association and      APPA/NRECA
 National Rural Electric Cooperative
 Association.
Avista Corporation and Puget Sound         Avista/Puget
 Energy, Inc.
Barrick Goldstrike Mines.................  Barrick
Romkaew Broehm and Gerald A. Taylor......  Broehm/Taylor
E.ON Climate & Renewables North America    E.ON
 LLC.
Edison Electric Institute................  EEI
El Paso Electric Company.................  El Paso
Electric Power Supply Association........  EPSA
FirstEnergy Service Company..............  FirstEnergy
Golden Spread Electric Cooperative, Inc..  Golden Spread
Idaho Power Company......................  Idaho Power Company
Indicated Western Utilities (Arizona       Indicated Utilities
 Public Service Company; Idaho Power
 Company; NV Energy, Inc.; PacifiCorp;
 and Portland General Electric Company).
National Hydropower Association..........  NHA
NextEra Energy, Inc......................  NextEra
Potomac Economics, Ltd...................  Potomac Economics
Southeast Transmission Owners (Duke        Southeast Transmission Owners
 Energy Carolinas, LLC; Duke Energy
 Progress, Inc.; Louisville Gas and
 Electric Company and Kentucky Utilities
 Company; South Carolina Electric & Gas
 Company; and Southern Company Services,
 Inc., acting as agent for Alabama Power
 Company, Georgia Power Company, Gulf
 Power Company and Mississippi Power
 Company).
Southern California Edison Company.......  SoCal Edison
Julie R. Solomon and Matthew E. Arenchild  Solomon/Arenchild
SunEdison Inc............................  SunEdison
NRG Companies (over 120 entities wholly    NRG Companies
 or partially owned subsidiaries of NRG
 Energy, Inc.).
Transmission Access Policy Study Group...  TAPS
------------------------------------------------------------------------

[FR Doc. 2015-26908 Filed 10-39-15; 8:45 am]
BILLING CODE 6717-01-P