[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Pages 60848-60849]
[FR Doc No: 2011-25148]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

National Mammography Quality Assurance Advisory Committee; Notice
of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: National Mammography Quality Assurance Advisory
Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on November 4, 2011, from 8
a.m. to 6 p.m.
    Location: Holiday Inn, Ballroom, 2 Montgomery Village Ave,
Gaithersburg, MD 20879. The hotel's telephone number is<PHONE_NUMBER>.
    Contact Person: Shanika Craig, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Ave., Silver
Spring, MD 20993,<PHONE_NUMBER><EMAIL_ADDRESS>or FDA
Advisory Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in
the Washington, DC area), and follow the prompts to the desired center
or product area. Please call the Information Line for up-to-date
information on this meeting. A notice in the Federal Register about
last minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the Agency's Web site
and call the appropriate advisory committee hot line/phone line to
learn about possible modifications before coming to the meeting.
    Agenda: On November 4, 2011, the committee will provide advice and
recommendations on the following issues: (1) Proposed changes to the
Mammography Quality Standard Act (MQSA) policies and inspection
procedures; (2) accreditation body review of soft copy mammography
images; and (3) reporting breast density on mammography reports and
patient lay summaries. The committee will also receive updates on the
MQSA program and the status of the Full Field Digital Mammography
universal quality control manual.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views,

orally or in writing, on issues pending before the committee. Written
submissions may be made to the contact person on or before October 21,
2011. Oral presentations from the public will be scheduled between
approximately 1 p.m. and 2 p.m. immediately following lunch. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
October 13, 2011. Time allotted for each presentation may be limited.
If the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by October 14,
2011.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact James Clark, at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, at least 7 days in advance of
the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: September 26, 2011.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2011-25148 Filed 9-29-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Rules and Regulations]
[Pages 33375-33387]
[FR Doc No: 2016-12427]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM14-14-001; Order No. 816-A]

Refinements to Policies and Procedures for Market-Based Rates for
Wholesale Sales of Electric Energy, Capacity and Ancillary Services by
Public Utilities

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule; Order on rehearing and clarification.

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SUMMARY: The Federal Energy Regulatory Commission is denying requests
for rehearing and granting, in part, clarification of its
determinations in Order No. 816, which amended its regulations that
govern market-based rate authorizations for wholesale sales of electric
energy, capacity, and ancillary services by public utilities pursuant
to the Federal Power Act.

DATES: This rule will become effective July 25, 2016.

FOR FURTHER INFORMATION CONTACT:
Greg Basheda (Technical Information), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER>.

Carol Johnson (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

                                                               Paragraph
                                                                 Nos.

I. Introduction.............................................           1
II. Discussion..............................................          12
    A. Sellers with Fully Committed Long-Term Generation              12
     Capacity...............................................
    B. Reporting of Long-Term Firm Purchases................          18
    C. Clarification of the Definition or Duration of Long-           26
     Term Firm Transmission Reservations....................
    D. Notices of Change in Status..........................          29
    E. New Affiliation and Behind-the-Meter Generation......          38
    F. Corporate Organizational Charts......................          45
    G. Part 101 Waivers.....................................          48
    H. Capacity Ratings.....................................          52
    I. Inputs to Electric Power Production..................          55
    J. Transmission/Natural Gas Assets Sheet................          58
    K. Long-Term Firm Power Purchases List..................          60
    L. Generation Assets Sheet, Rows [B] and [H]............          62
III. Information Collection Statement.......................          65
IV. Document Availability...................................          68
V. Effective Date...........................................          71

Order No. 816-A

Order on Rehearing and Clarification

I. Introduction

    1. On October 16, 2015, the Federal Energy Regulatory Commission
(Commission) issued Order No. 816,\1\ which amended its regulations
that govern market-based rate authorizations for wholesale sales of
electric energy, capacity, and ancillary services by public utilities
pursuant to the Federal Power Act (FPA). In this order, we address
requests for rehearing and clarification of Order No. 816.\2\
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    \1\ Refinements to Policies and Procedures for Market-Based
Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary
Services by Public Utilities, Order No. 816, FERC Stats. & Regs. ]
31,374 (2015) (Final Rule).
    \2\ Order No. 816 became effective on January 28, 2016. On
December 23, 2015, upon consideration of requests for a stay of the
corporate organizational chart requirement, the Commission issued an
order granting an extension of time such that market-based rate
applicants and sellers would not be required to comply with the
corporate organizational chart requirement prior to the issuance of
an order on the merits of the requests for rehearing. Refinements to
Policies and Procedures for Market-Based Rates for Wholesale Sales
of Electric Energy, Capacity and Ancillary Services by Public
Utilities, 153 FERC ] 61,337 (2015).
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    2. Nine requests for rehearing and clarification were filed.\3\ The
requests for rehearing and clarification concern

the following topics: Sellers with fully committed long-term generation
capacity; the reporting of long-term firm purchases; the definition or
duration of long-term firm transmission reservations; notices of change
in status; new affiliation and behind-the-meter generation; corporate
organizational charts; and waiver of Part 101 of the Commission's
regulations.\4\
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    \3\ The requests for rehearing and clarification were filed by
the following entities: EDF Renewable Energy, Inc. and E.ON Climate
& Renewables North America LLC (IPP Developers); Edison Electric
Institute (EEI); Electric Power Supply Association (EPSA); Invenergy
Thermal Development LLC and Invenergy Wind Development LLC
(Invenergy); National Hydropower Association (NHA); NextEra Energy,
Inc. (NextEra); Southern California Edison Company (SoCal Edison);
Southern Company Services, Inc. (Southern); and Transmission Access
Policy Study Group (TAPS).
    \4\ 18 CFR pt. 101 (2015).
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    3. In this order, in most respects, we affirm the Commission's
determinations made in Order No. 816. However, regarding some issues,
we provide clarification.
    4. Specifically, as discussed further below, we deny rehearing
regarding the requirement to include the expiration date of the
contract when a seller claims that its capacity is fully committed. To
the extent that the expiration date is not known at the time a seller
files for market-based rate authority, we confirm that a subsequent
filing to report the contract expiration date will be treated as an
informational filing rather than as an amendment to a pending
application.
    5. We grant clarification regarding the requirement for applicants
within a regional transmission organization or independent system
operator (RTO/ISO) market to report all long-term firm energy and
capacity purchases from generation capacity located within the RTO/ISO
market if the generation is designated as a resource with capacity
obligations. We clarify that this requirement does not apply if the
generation is from a qualifying facility exempt from section 205 of the
FPA. In addition, we affirm that a market-based rate seller must list
all of its long-term firm power purchases in its asset appendix,
Appendix B, even if it does not have market-based rate authority in its
home balancing authority area.
    6. We clarify that the Commission did not intend to change the
definition of long-term firm transmission reservations in Order No. 816
and clarify that long-term firm transmission reservations are longer
than 28 days.
    7. Regarding the Commission's 100 megawatt (MW) threshold for the
requirement to report new affiliations, we affirm the determinations
made in Order No. 816 but clarify which markets would be a seller's
relevant geographic market for purposes of the 100 MW threshold
reporting requirement. We also deny a rehearing request to find that
capacity in first-tier markets \5\ be included for determining the 100
MW change in status threshold.
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    \5\ We clarify that for purposes of this order, the term
``first-tier markets'' includes all first-tier areas, whether they
are a balancing authority area or an RTO/ISO market.
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    8. We affirm the Commission's determination in Order No. 816 that
sellers are not required to include behind-the-meter generation in the
100 MW change in status threshold, the 500 MW Category 1 seller status
threshold, or to include such generation in the asset appendices and
indicative screens.
    9. Additionally, we clarify that a hydropower licensee that
otherwise sells power only at market-based rates will not be subject to
the full requirements of the Uniform System of Accounts as a
consequence of filing a cost-based reactive power tariff with the
Commission, and may satisfy the requirements in Part 101 of the
Commission's regulations by complying with General Instruction 16 of
the Uniform System of Accounts.
    10. We also provide clarification regarding other aspects of the
Final Rule, including revisions to regulatory text and instructions in
the asset appendix to ensure consistency with the Commission's
determinations in the Final Rule.
    11. Further, as discussed below, we grant an additional extension
of time such that market-based rate applicants and sellers will not be
required to comply with the corporate organizational chart requirement
until the Commission issues an order at a later date.

II. Discussion

A. Sellers With Fully Committed Long-Term Generation Capacity

1. Final Rule
    12. In Order No. 816, the Commission clarified that sellers may
explain that their generation capacity in the relevant geographic
market (including first-tier markets) is fully committed, in lieu of
submitting indicative screens, in order to satisfy the Commission's
market-based rate requirements regarding horizontal market power in
instances where all generation owned or controlled by a seller and its
affiliates in the relevant balancing authority areas or markets
(including first-tier markets) is fully committed. The Commission
clarified that to qualify as fully committed, a seller must commit the
capacity to a non-affiliated buyer so that none of it is available to
the seller or its affiliates for one year or longer. The Commission
also adopted the proposal that sellers claiming that all of their
relevant capacity is fully committed must provide the following
information: the amount of generation capacity that is fully committed,
the names of the counterparties, the length of the long-term contract,
the expiration date of the contract, and a representation that the
contract is for firm sales for one year or longer.\6\
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    \6\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 39.
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    13. In response to NextEra's concern that at the time a seller
files for market-based rate authority, the expiration date may be
unknown, the Commission stated that if a contract expiration date is
unknown at the time of the market-based rate filing, the seller must,
within 30 days of the date becoming known, submit an informational
filing, in the docket in which the seller was granted market-based rate
authorization, to inform the Commission of the contract expiration
date. In response to another commenter's remark that the expiration
date is reported separately in electric quarterly report (EQR) filings,
the Commission noted that many contracts reported in EQR filings do not
include expiration dates and determined that it would require
expiration date information in order to show that generation capacity
is fully committed.\7\
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    \7\ Id. P 44.
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2. Requests for Rehearing
    14. NextEra requests rehearing of the Commission's determination
concerning sellers with fully committed long-term generation capacity,
stating that the Commission erred in requiring a market-based rate
seller to report the expiration date of a long-term contract to the
Commission within 30 days of the date being known, rather than simply
in an EQR filing.\8\ NextEra contends that the Commission erred by
failing to set forth an explanation of the specific after-the-fact need
for the contract expiration date, as the seller is also required to
provide the length of the long-term contract in order to demonstrate
that it has no uncommitted capacity.\9\ NextEra states that if the
Commission concludes that there is an actual need for this information
given that after-the-fact reporting means that the expiration date can
only be used in an ex post analysis, the Commission should clarify that
it will permit sellers to provide the information to the Commission
either through an EQR submission or on an after-the-fact basis.\10\
NextEra states that to the extent that a seller informs the Commission
of the contract expiration date within 30 days of the date becoming
known, the Commission should clarify that it will treat such filings as
informational filings rather

than as amendments to pending applications.\11\
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    \8\ NextEra Rehearing Request at 2.
    \9\ Id. at 12.
    \10\ Id. at 13.
    \11\ Id. at 14.
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3. Commission Determination
    15. The Commission stated in Order No. 816 that sellers claiming
that capacity is fully committed must provide, among other things, the
length of the long-term contract and the expiration date of the
contract. The same information must be provided for long-term firm
sales of affiliated generation capacity located in the relevant
balancing authority areas or markets, including first-tier markets.
Including this information in the record of a seller's market-based
rate filing is necessary so that a seller's claims of fully committed
capacity can be verified as needed.
    16. In Order No. 816, the Commission addressed comments submitted
by NextEra regarding contract expiration dates. In consideration of
NextEra's contention that the expiration date may be unknown at the
time a seller files for market-based rate authority,\12\ the Commission
determined that, in such instances, the seller must follow up with an
informational filing to inform the Commission of the contract
expiration date, within 30 days of the date becoming known.\13\
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    \12\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 38.
    \13\ Id. P 44.
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    17. In its request for rehearing, NextEra questions the necessity
of requiring the expiration date given that sellers are required to
provide the length of the contract. We continue to believe that the
expiration date is an important piece of information for sellers to
provide. The expiration date provides the Commission with a specific
date as to when the affected generation capacity may become uncommitted
and the expiration date allows the Commission to verify the information
previously provided by the seller for purposes of the Commission's ex
ante analysis of the seller's potential market power. With regard to
NextEra's argument that the Commission erred in requiring the market-
based rate seller to report the expiration date of a contract to the
Commission within 30 days of the date being known, rather than in an
EQR filing, we note that, as the Commission stated in Order No. 816,
many contracts reported in EQR filings do not include expiration
dates.\14\ Finally, consistent with Order No. 816, we grant NextEra's
request that the Commission clarify that filings reporting contract
expiration dates in support of a seller's claim that capacity is fully
committed will be treated as informational filings rather than as
amendments to filings.\15\
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    \14\ Id.
    \15\ Id.
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B. Reporting of Long-Term Firm Purchases

1. Final Rule
    18. The Commission adopted the proposal to report in the indicative
screens long-term firm purchases of capacity and/or energy that have an
associated long-term firm transmission reservation. The Commission
stated that requiring applicants under the market-based rate program to
report all of their long-term firm purchases of energy and/or capacity,
regardless of whether the applicant has operational control of the
generation capacity supplying the purchased power, will improve the
accuracy of the indicative screens.\16\ The Commission stated that
long-term firm power purchase agreements that are reported in the
indicative screens also should be reported in the asset appendix,
Appendix B, and created a separate sheet in Appendix B specifically for
applicants to report all such long-term firm purchases.\17\
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    \16\ Id. P 130.
    \17\ Id. P 139.
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    19. The Commission stated that the requirement that applicants only
include long-term firm power purchase agreements in their indicative
screens if they have an associated long-term transmission reservation
will not apply within RTO/ISO markets if that RTO/ISO does not have
long-term firm transmission reservations or their equivalent. Instead,
applicants in such RTO/ISO markets will be required to report all long-
term firm energy and/or capacity purchases from generation capacity
located within the RTO/ISO market if the generation is designated as a
network resource or as a resource with capacity obligations.\18\
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    \18\ Id. P 145.
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2. Requests for Rehearing
    20. SoCal Edison and NextEra seek clarification with regard to the
reporting of long-term firm purchases.
    21. SoCal Edison seeks clarification that the requirement to report
all long-term firm energy and/or capacity purchases from generation
capacity located within the RTO/ISO market if the generation is
designated as a resource with capacity obligations does not apply if
the generation is a qualifying facility exempt from section 205 of the
FPA. SoCal Edison asserts that there is no reason why an applicant that
holds a long-term contract with a qualifying facility exempt from FPA
section 205 should have to report that in the appendix and screens,
even if the facility has capacity obligations, when affiliate-owned
exempt qualifying facilities would be excluded from the reporting
requirement.\19\
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    \19\ SoCal Edison Rehearing Request at 2.
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    22. NextEra seeks clarification related to the necessity of
reporting long-term power purchases in the asset appendix, Appendix B,
by entities that do not have market-based rate authorization in their
balancing authority area and as a result are not required to submit
indicative screens.\20\ NextEra states that in Order No. 816, the
Commission stated that long-term firm power purchase agreements that
are reported in the indicative screens also should be reported in the
asset appendix. NextEra states that based on this statement, NextEra
understands that the Commission will not require the inclusion of long-
term power purchase agreements if a seller does not have market-based
rate authority in its balancing authority area, but instead makes only
cost-based sales.\21\ NextEra asks the Commission to confirm that the
inclusion of such information is only required for companies that have
market-based authority in the relevant geographic market.\22\
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    \20\ NextEra Rehearing Request at 2.
    \21\ Id. at 14.
    \22\ Id. at 15.
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3. Commission Determination
    23. We grant SoCal Edison's requested clarification. Applicants
purchasing energy and/or capacity from a qualifying facility that is
exempt from section 205 of the FPA under a long-term firm power
purchase agreement do not need to include such purchases in their
indicative screens or in their asset appendix. In Order No. 816, the
Commission determined that qualifying facilities that are exempt from
section 205 of the FPA do not need to be reported in the asset appendix
or indicative screens.\23\ Therefore, to ensure consistency in
horizontal market power analyses filed by sellers we clarify that this
exemption applies equally to long-term firm power purchases agreements
backed by such resources.
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    \23\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 255.
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    24. We reject NextEra's requested clarification. A market-based
rate seller must list all of its generation assets in its asset
appendix even if it does not have market-based rate authority in its
balancing authority area or, indeed, even if its generation is fully
committed and it is not submitting any indicative

screens. We see no reason to treat long-term firm power purchase
agreements differently than other generation capacity. In Order No.
816, the Commission determined that long-term firm power purchase
agreements with an associated long-term firm transmission reservation
(or that are capacity resources in RTO/ISO markets) must be reported in
a seller's indicative screens and asset appendix. Excluding long-term
firm power purchase agreements as requested by NextEra would be
inconsistent with that policy. In addition, sellers without market-
based rate authority in their own balancing authority area typically
seek market-based rate authority elsewhere and do so by submitting
indicative screens for their first-tier markets. A seller's long-term
firm power purchase agreements are a resource that would need to be
reflected in the screens for the seller's first-tier markets. Since
these agreements are reflected in the screens to the extent that they
provide potential exports from a seller's balancing authority area to
first-tier markets, they should be included in the seller's asset
appendix.
    25. We also clarify that the generation capacity associated with a
unit-specific long-term contract should be reported in the ``Notes''
portion of the asset appendix. An example of this will be posted on the
Commission's Web site.

C. Clarification of the Definition or Duration of Long-Term Firm
Transmission Reservations

1. Final Rule
    26. In the Final Rule, the Commission provided clarification on the
preparation of simultaneous transmission import limit (SIL) studies. In
discussing SIL studies, the Commission declined a request to redefine
the applicable duration of long-term firm transmission reservations,
stating that it is currently defined as 28 days or longer.\24\
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    \24\ Id. P 197.
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2. Requests for Rehearing
    27. Southern states that Order No. 816 appears to erroneously refer
to long-term firm transmission reservations as comprising reservations
that are 28 days or longer. Southern maintains that this is contrary to
precedent indicating that the expectation for entities performing SIL
studies was that only transmission reservations with a duration longer
than 28 days (i.e., a duration of 29 days and greater) should be
considered to be long-term firm reservations.
3. Commission Determination
    28. We clarify that the Commission did not intend to change the
definition of long-term firm transmission reservations in Order No.
816. We reaffirm prior Commission guidance that short-term reservations
are up to one month and long-term reservations are greater than one
month.\25\ February is the shortest month, which means that long-term
firm transmission reservations must be longer than 28 days. Thus, we
clarify that long-term firm transmission reservations are longer than
28 days.
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    \25\ Market-Based Rates for Wholesale Sales of Electric Energy
Capacity and Ancillary Services by Public Utilities, Order No. 697-
B, FERC Stats. & Regs. ] 31,285 at P 25 (2008).
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D. Notices of Change in Status

1. Final Rule
    29. In the Notice of Proposed Rulemaking (NOPR), the Commission
proposed to revise the change in status regulations at 18 CFR 35.42 to
include a 100 MW threshold for reporting new affiliations. The
Commission stated that a market-based rate seller that has a new
affiliation would not be required to file a change in status for an
affiliation with an entity with generation assets until its new
affiliations result in a cumulative net increase of 100 MW or more of
nameplate capacity in any relevant geographic market.\26\ In the Final
Rule, the Commission adopted the proposed changes to the change in
status requirements of section 35.42 of the Commission's
regulations.\27\
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    \26\ Refinements to Policies and Procedures for Market-Based
Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary
Services by Public Utilities, FERC Stats. & Regs. ] 32,702, at P 96
(2014) (NOPR).
    \27\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 251.
---------------------------------------------------------------------------

    30. In the Final Rule, the Commission stated that the 100 MW
threshold applies to each new relevant market (not previously studied)
in which a seller and/or its affiliates acquire a cumulative net
increase of 100 MW.\28\ The Commission clarified that the phrase ``any
relevant market'' refers to a market in which a seller already has
generation located and acquires an additional 100 MW or accumulates 100
MW or more in a new market that the seller had not studied
previously.\29\ The Commission also clarified that the 100 MW threshold
does not include generation capacity that can be imported from first-
tier markets.\30\ The Commission agreed with commenters that generation
capacity in first-tier markets should not be treated the same as
capacity located in the seller's relevant geographic market/study
area.\31\
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    \28\ Id. P 231.
    \29\ Id. P 237.
    \30\ Id. P 18.
    \31\ Id. P 229.
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2. Requests for Rehearing
    31. IPP Developers request that the Commission make the following
three clarifications: (1) If an affiliate of a seller acquires or
controls 100 MW of generating capacity (including long-term firm
purchases), the seller must submit a notice of change in status report
if that 100 MW is located in the same relevant market that was studied
as the basis for the seller's grant of market-based rate authority; (2)
if an affiliate of the seller acquires or controls 100 MW or more of
generating capacity (including long-term firm purchases) in a market
that is two tiers away or more, the seller is not required to submit a
notice of change in status report; and (3) if an affiliate of the
seller acquires or controls 100 MW or more of generating capacity
(including long-term firm purchases) in a market that is in the first-
tier, the seller is not required to submit a notice of change in status
report.\32\ IPP Developers state that these three clarification
requests appear to be a proper application of the Commission's
statements in Order No. 816. IPP Developers conclude that a seller does
not have a change in status reporting obligation in regard to an
affiliate's generation in first-tier and beyond areas.\33\
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    \32\ IPP Developers Rehearing Request at 1-3.
    \33\ Id.
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    32. However, IPP Developers state that the following statement in
paragraph 238 of Order No. 816 makes this reporting obligation unclear:
``if a seller's affiliate is granted market based rate authority, and
that results in 100 MW or more of new generation in a market, then the
seller will have to file a corresponding change in status.'' \34\ IPP
Developers state that ``a market'' could be any market other than the
seller's studied relevant market, i.e., affiliate generation in first-
tier or beyond markets.\35\ IPP Developers state that this statement
appears to say that a seller must file a notice of change in status
report regardless of the market in which an affiliate of the seller
acquires or controls 100 MW or more of generating capacity.\36\
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    \34\ Id. at 3-4 (citing Order No. 816, FERC Stats. & Regs. ]
31,374 at P 238 (emphasis added)).
    \35\ Id. at 4.
    \36\ Id.
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    33. IPP Developers state that if the Commission is not inclined to
provide the clarifications above, then IPP Developers request
rehearing.\37\
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    \37\ Id. at 3.
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    34. TAPS seeks rehearing of the threshold calculation, arguing that

capacity in first-tier markets should be included for determining
changes in the 100 MW change in status threshold.\38\ TAPS states that
in the NOPR, the Commission proposed to clarify that the ``relevant
geographic market'' for purposes of that 100 MW trigger included
generation capacity that could be imported from first-tier markets.\39\
TAPS states that the Commission then reversed the NOPR proposal,
stating that it would ``exclude markets and balancing authority areas
that are first-tier to the seller's study area.'' \40\ TAPS states that
the Commission erred and should grant rehearing to revise Order No. 816
to include generation in first-tier markets for purposes of change in
status reporting, whether or not it is supported by a long-term firm
transmission reservation.\41\ Specifically, TAPS states that the
Commission should require sellers to: (1) Include first-tier capacity
when there is a long-term transmission reservation associated with the
capacity; and (2) include all other first-tier capacity either in its
entirety or, in the alternative, on a pro rata basis consistent with
the inclusion of such generation in market power screens.\42\
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    \38\ TAPS Rehearing Request at 1.
    \39\ Id. at 4 (citing NOPR, FERC Stats. & Regs. ] 32,702 at P
96).
    \40\ Id. at 5 (citing Order No. 816, FERC Stats. & Regs. ]
31,374 at P 230).
    \41\ Id. at 6.
    \42\ Id. at 5.
---------------------------------------------------------------------------

    35. TAPS states that the NOPR's proposal to include first-tier
generation capacity is both simple and adequate.\43\ TAPS states that
the Commission could allow sellers, with appropriate support, to
prorate generation in markets first-tier to the study area in the same
way capacity is assigned pro rata for indicative screen analyses
(assuming there are no firm transmission reservations associated with
the first-tier capacity, in which case it should be accorded its full
megawatt value). TAPS states that this approach would be consistent
with the methodology used in the indicative screens, but would require
more analysis than reporting of all first-tier capacity for purposes of
change in status reports.\44\
---------------------------------------------------------------------------

    \43\ Id. at 6-7.
    \44\ Id. at 7.
---------------------------------------------------------------------------

3. Commission Determination
    36. We grant clarification regarding IPP Developers' three examples
of the application of Order No. 816. The scenarios presented by IPP
Developers are a proper application of the Final Rule, assuming that
the seller is not a power marketer (i.e., the seller owns generation).
We also grant clarification regarding the Commission's statement in
paragraph 238 of Order No. 816. In paragraph 238 of Order No. 816, the
Commission stated that ``if a seller's affiliate is granted market-
based rate authority, and that results in 100 MW or more of new
generation in a market, then the seller will have to file a
corresponding change in status.'' \45\ We clarify that the phrase ``in
a market'' means any relevant geographic market for the seller at the
time of the change in status filing. Further, we note that the relevant
geographic market for a particular seller depends on whether the seller
is a power producer or a power marketer, whether the seller owns
transmission or is interconnected to an affiliated transmission system,
and whether the seller's generation is in an RTO/ISO. The relevant
markets for a power marketer include any market where the power
marketer's affiliates own generation. Thus, a power marketer that does
not own any generation itself would need to report a change in status
for a 100 MW net increase in any market where an affiliate owns
generation and has been granted market-based rate authority.\46\
However, for a power producer, the relevant geographic market is where
the seller's generation is physically located. Thus, a power producer
would not need to report a 100 MW affiliate net increase in a market
where the power producer itself does not own any generation. Similarly,
in traditional (non-RTO/ISO) markets, the default relevant geographic
market is ``first, the balancing authority area where the seller is
physically located, and second, the markets directly interconnected to
the seller's balancing authority area.'' \47\ However, ``[w]here a
generator is interconnecting to a non-affiliate owned or controlled
transmission system, there is one relevant geographic market (i.e., the
balancing authority area in which the generator is located).'' \48\ For
a seller located in an RTO/ISO market, the seller may consider the RTO/
ISO as the default relevant geographic market.\49\ In each
circumstance, the market-based rate seller will have to determine
whether any 100 MW increase is in a market that would be a relevant
geographic market for that seller.
---------------------------------------------------------------------------

    \45\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 238
(emphasis added).
    \46\ A power marketer with no affiliated generation is a
Category 1 seller (exempt from filing triennial updated market power
analysis) in all regions and has no relevant geographic market. A
power marketer that acquires generation via a long-term power
purchase agreement has a relevant geographic market where the power
associated with this agreement is delivered (sinks), not where it
originates (unless source and sink are in the same market, which is
often the case). In this scenario, the power marketer is a Category
1 or 2 seller in the relevant geographic market depending on the MWs
associated with the contract(s). Category 2 sellers must submit
triennial update market power analyses.
    \47\ Market-Based Rates for Wholesale Sales of Electric Energy
Capacity and Ancillary Services by Public Utilities, Order No. 697,
FERC Stats. & Regs. ] 31,252 at P 232 (2007).
    \48\ Id. P 232 n.217.
    \49\ Id. P 235 (noting that a seller may consider the RTO/ISO as
the default relevant geographic market ``unless the Commission has
already found the existence of a submarket'').
---------------------------------------------------------------------------

    37. We deny TAPS's request that capacity in first-tier markets be
included for determining the 100 MW change in status threshold. As the
Commission stated in Order No. 816, when a seller has a change in
status in a particular market, it does not need to include any changes
in adjoining first-tier markets in calculating the 100 MW threshold,
even when a purchaser has long-term firm transmission rights to import
affiliated capacity located in a first-tier market. We reiterate that,
with respect to the calculation of the 100 MW threshold, 100 MW located
outside of the study area is not equivalent to 100 MW inside the study
area. In addition, requiring sellers to consider generation capacity in
first-tier markets, and prorate generation from the first-tier markets
into the study area, creates uncertainty as to when a seller would trip
the 100 MW threshold and effectively would force a seller to prepare
import analyses to determine how much of their additional first-tier
capacity could be imported into the study area. We believe that the
increased burden of preparing such studies would outweigh the potential
benefit gained from receiving additional information about a seller's
affiliated generation.

E. New Affiliation and Behind-the-Meter Generation

1. Final Rule
    38. As stated above, the Commission adopted the NOPR proposal to
establish a 100 MW threshold for reporting new affiliations in change
of status filings. The Commission stated that a market-based rate
seller that has a new affiliation will not be required to file a change
in status for an affiliation with an entity with generation assets
until its new affiliations result in a cumulative net increase of 100
MW of capacity in a relevant geographic market.\50\ The

Commission stated that the 100 MW threshold will be determined for each
relevant geographic market but will not consider generation capacity
additions in first-tier markets.\51\
---------------------------------------------------------------------------

    \50\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 251. The
Commission noted that if a seller files a notice of change in status
for another reason, e.g., to report the entrance into a power
purchase agreement of more than 100 MW, the seller should note that
it has a new affiliate with market-based rate authority and include
that new affiliate and any related assets in the seller's asset
appendix. Id. P 251 n.334.
    \51\ Id. P 251.
---------------------------------------------------------------------------

    39. The Commission did not adopt the NOPR proposal to count behind-
the-meter generation in the 100 MW change in status threshold and 500
MW Category 1 seller threshold or to include such generation in the
asset appendix and indicative screens.\52\
---------------------------------------------------------------------------

    \52\ Id. P 252.
---------------------------------------------------------------------------

    40. The Commission stated that the output of behind-the-meter
generation should be reflected in the load data reported in the FERC
Form No. 714, which reflects the fact that the load is lower than it
otherwise would be if a portion of the load were not served by behind-
the-meter generation. The Commission also stated that, since behind-
the-meter generation is netted out of the load data, requiring sellers
to count behind-the-meter generation as installed capacity could result
in double-counting a portion of the seller's generation capacity. The
Commission clarified that behind-the-meter generation that is consumed
on-site by the host load and not sold into the wholesale market, or is
not synchronized to the transmission grid, is not relevant to the
Commission's horizontal market power analysis.\53\
---------------------------------------------------------------------------

    \53\ Id. P 253.
---------------------------------------------------------------------------

2. Requests for Rehearing
    41. TAPS requests rehearing and/or clarification, arguing that
behind-the-meter generation that is available to make wholesale sales
and that is not reflected as a reduction in load reported in Form No.
714 should be included in seller reporting obligations, including the
100 MW change in status threshold, the indicative screens, the asset
appendix, and the 500 MW Category 1 seller status threshold.
    42. Specifically, TAPS states that the Commission should make clear
that behind-the-meter generation that is not consumed on-site by the
host load and reflected in Form No. 714 load data must, consistent with
the Commission's duty to assess market power, be included in seller
reporting obligations and indicative screens and category seller status
determinations. TAPS contends that generation that participates in the
wholesale markets influences a seller's market power regardless of
whether it may be termed behind-the-meter.\54\ TAPS argues that even if
it were otherwise permissible, the exclusion for behind-the-meter
generation would be arbitrary and capricious. TAPS states that because
Order No. 816 fails to limit the scope of the behind-the-meter
exclusion to that included in load reported in Form No. 714 or not
synchronized to the grid and provides no definition of behind-the-meter
generation, sellers are left to their own devices to determine what is
meant by behind-the-meter generation and then to exclude those
resources for purposes of reporting under Order No. 816.\55\
---------------------------------------------------------------------------

    \54\ TAPS Rehearing Request at 11.
    \55\ Id.
---------------------------------------------------------------------------

    43. TAPS states that the Commission should clarify that its
exclusion of behind-the-meter generation was intended to be restricted
by its clarification at paragraph 253 of the Final Rule--that only
generation that is reflected in Form No. 714 or not synchronized would
be excludable from generation from market-based rate reporting and
market power screens. Alternatively, TAPS states that the Commission
should grant rehearing and: (1) Adopt its NOPR proposal to include
behind-the-meter generation, with El Paso's clarification--i.e., that
behind-the-meter generation that is not reflected as a decrease in load
on Form No. 714 should be included in seller reporting obligations and
all market power screens; or (2) otherwise avoid creating a behind-the-
meter generation blind spot of undefined proportions in its market
power monitoring and assessment regimen.\56\
---------------------------------------------------------------------------

    \56\ Id. at 13.
---------------------------------------------------------------------------

3. Commission Determination
    44. We deny TAPS's request for rehearing. As the Commission stated
in the Final Rule, the output of behind-the-meter generation largely
should be reflected in the load data reported in the FERC Form No. 714,
which reflects the fact that the load is lower than it otherwise would
be if a portion of the load were not served by behind-the-meter
generation. Accordingly, since behind-the-meter generation is netted
out of the load data, requiring sellers to count behind-the-meter
generation as installed capacity could result in double-counting a
portion of some sellers' generation capacity. Further, the Commission
stated in the Final Rule that behind-the-meter generation not sold into
the wholesale market is not relevant to the Commission's horizontal
market power analysis. Regarding TAPS's concern about behind-the-meter
generation that is available to make wholesale sales and is not
reflected in load reported in Form No. 714, we believe, at this time,
that this category of generation is relatively limited and that the
burden of sellers reporting this behind-the-meter generation would
outweigh the benefits of such reporting. Therefore, at this time, we
will not require sellers to report this type of generation.

F. Corporate Organizational Charts

1. Final Rule
    45. In the Final Rule, the Commission adopted the proposal to
require a seller to include a corporate organizational chart when
filing an initial application for market-based rate authority, an
updated market power analysis, or, in some circumstances, a notice of
change in status reporting new affiliations.\57\ The Commission revised
the regulatory text in section 35.37(a)(2) and in section 35.42(c) in
this regard.
---------------------------------------------------------------------------

    \57\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 21.
---------------------------------------------------------------------------

2. Requests for Rehearing
    46. Invenergy, SoCal Edison, NextEra, EEI, and EPSA request
rehearing and/or clarification with respect to the requirement to
submit corporate organizational charts. Parties argue, among other
things, that the requirement imposes a substantial administrative
burden on filers and is at odds with the objective of streamlining the
market-based rate filing process.
3. Commission Determination
    47. As noted above, upon consideration of requests for a stay of
the corporate organizational chart requirement, the Commission issued
an order granting an extension of time such that market-based rate
applicants and sellers would not be required to comply with the
corporate organizational chart requirement prior to the issuance of an
order on the merits of the requests for rehearing.\58\ Upon
consideration of the concerns raised by the parties on rehearing
regarding this requirement, we grant an additional extension of time
such that market-based rate applicants and sellers will not be required
to comply with the corporate organizational chart requirement until the
Commission issues an order at a later date addressing this requirement.
The extension will allow the Commission more time to fully consider the
benefits and burdens associated with the corporate organizational chart
requirement.\59\
---------------------------------------------------------------------------

    \58\ Refinements to Policies and Procedures for Market-Based
Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary
Services by Public Utilities, 153 FERC ] 61,337 (2015).
    \59\ The Commission continues to consider appropriate mechanisms
for consolidating the Commission's data collection requirements,
including this organizational chart requirement, with the proposed
rulemakings in Docket Nos. RM15-23 and RM16-3.

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

G. Part 101 Waivers

1. Final Rule
    48. The Commission clarified that granting waiver of 18 CFR part
101 under market-based rate authority does not waive the requirements
under Part I of the FPA for hydropower licensees. In addition, the
Commission clarified that hydropower licensees that only make sales at
market-based rates may satisfy the requirements in Part 101 of the
Commission's regulations (Uniform System of Accounts) by complying with
General Instruction 16 of the Uniform System of Accounts, and confirmed
that hydropower licensees that have Commission-approved cost-based
rates are required to comply with the full requirements of the Uniform
System of Accounts.\60\
---------------------------------------------------------------------------

    \60\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 22.
---------------------------------------------------------------------------

2. Requests for Rehearing
    49. NHA requests clarification that a hydropower licensee that
otherwise sells power only at market-based rates will not be subject to
the full requirements of the Uniform System of Accounts as a
consequence of filing a cost-based reactive power tariff with the
Commission.\61\ Alternatively, NHA requests that the Commission clarify
that it will allow licensees that otherwise sell only at market-based
rates to request authorization, on a case-by-case basis, to continue to
rely on General Instruction 16 of the Uniform System of Accounts at the
time a reactive power tariff is filed with the Commission.\62\
---------------------------------------------------------------------------

    \61\ NHA Clarification Request at 3-5.
    \62\ Id. at 5.
---------------------------------------------------------------------------

    50. NHA argues that the Commission determined in Order No. 697 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.'' \63\ NHA represents that the Commission
has previously found that reactive power tariffs do not have captive
customers and do not raise the same concerns as other cost-based rate
tariffs.\64\ Additionally NHA notes that entities with a reactive power
tariff and a market-based rate tariff have been previously granted
waiver of Part 101.\65\
---------------------------------------------------------------------------

    \63\ Id. at 3 (citing Order No. 697, FERC Stats. & Regs. ]
31,252 at P 984).
    \64\ Id. at 3-4 (citing Order No. 697, FERC Stats. & Regs. ]
31,252 at P 483 (``concerns underlying the affiliate restrictions do
not apply to sales of reactive power because those sales are
typically either made to transmission providers so that the
transmission provider can satisfy its obligation to provide reactive
power or made by the transmission provider under its applicable
[open access transmission tariff]'')).
    \65\ Id. (citing Sunbury Generation, LLC, 108 FERC ] 61,160
(2004) (Sunbury); Illinois Power Generating Co., 148 FERC ] 61,238
(2014) (granting waivers of Parts 41, 101, and 141 of the
Commission's regulations to entities with a cost-based rate reactive
power tariff and a market-based rate tariff)).
---------------------------------------------------------------------------

3. Commission Determination
    51. We clarify that a hydropower licensee that otherwise sells
power only at market-based rates will not be subject to the full
requirements of the Uniform System of Accounts as a consequence of
filing a cost-based reactive power tariff with the Commission. Such a
seller may satisfy the requirements in Part 101 of the Commission's
regulations by complying with General Instruction 16 of the Uniform
System of Accounts. We find that this clarification is consistent with
previous Commission findings in Order No. 697 and Sunbury, as noted by
NHA. We continue to find, however, that hydropower licensees that have
Commission-approved cost-based rates are required to comply with the
full requirements of the Uniform System of Accounts.\66\ Additionally,
we remind sellers that ``previously granted waivers of the accounting
requirements will continue to be rescinded where a seller is found to
have market power (or where the sellers accepts a presumption of market
power) and the seller proposes cost-based rate mitigation or the
Commission imposes cost-based rate mitigation.'' \67\
---------------------------------------------------------------------------

    \66\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 22.
    \67\ Order No. 697, FERC Stats. & Regs. ] 31,252 at P 986.
---------------------------------------------------------------------------

H. Capacity Ratings

1. Final Rule
    52. In the Final Rule, the Commission revised the regulations at 18
CFR 35.42 relating to the change in status reporting requirements to
permit sellers to use nameplate or seasonal capacity ratings for the
100 MW threshold for most generation and allow energy-limited
generation to use either nameplate or a five-year average capacity
factor.\68\ The Commission found that solar photovoltaic and solar
thermal facilities are energy limited and determined that, due to their
unique characteristics, solar photovoltaic facilities, unlike other
energy-limited facilities, must use nameplate capacity and may not use
five-year average capacity factors.\69\
---------------------------------------------------------------------------

    \68\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 232.
    \69\ Id. P 15.
---------------------------------------------------------------------------

2. Request for Rehearing
    53. Southern notes the Commission's determination in the Final Rule
permitted sellers to use nameplate or seasonal capacity ratings for the
100 MW threshold for most generation. Southern states that the
regulatory text accompanying the Final Rule includes the phrase ``or
seasonal'' in 18 CFR 35.42(a)(2)(i) but not in 18 CFR 35.42(a)(1).
Southern requests that the Commission add the phrase ``or seasonal'' to
18 CFR 35.42(a)(1) to align with the discussion in the Final Rule.\70\
---------------------------------------------------------------------------

    \70\ Southern Rehearing Request at 7 n.15 (citing Order No. 816,
FERC Stats. & Regs. ] 31,374 at P 232).
---------------------------------------------------------------------------

3. Commission Determination
    54. We find that it is appropriate to revise 18 CFR 35.42(a)(1) to
add the phrase ``or seasonal.'' Additionally, we are revising both 18
CFR 35.42(a)(1) and (a)(2)(i) to further align the regulations with the
discussion in the Final Rule. Specifically, the revised regulations
will indicate that the 100 MW or more of capacity should be based on
nameplate or seasonal capacity ratings and, for energy-limited
resources, with the exception of solar photovoltaic facilities, the
capacity ratings should be based on nameplate or five-year average
capacity factors. These revised regulations will indicate that for
solar photovoltaic facilities, the capacity ratings should be based on
nameplate capacity.

I. Inputs to Electric Power Production

1. Final Rule
    55. The Commission considers a seller's ability to erect other
barriers to entry as part of the vertical market power analysis and, as
such, the Commission requires a seller to provide a description of its
inputs to electric power production.\71\ Section 35.36(a)(4) of the
Commission's regulations define inputs to electric power production to
mean intrastate natural gas transportation, intrastate natural gas
storage or distribution facilities, sites for generation capacity
development, physical coal supply sources and ownership of or control
over who may access transportation of coal supplies.
---------------------------------------------------------------------------

    \71\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 6.
---------------------------------------------------------------------------

    56. In the Final Rule, the Commission eliminated the requirement
that market-based rate sellers file quarterly land acquisition reports
and provide information on sites for generation capacity development in
market-based rate applications and triennial updated market power
analyses. Specifically, the Commission adopted the proposal to

revise the regulations at 18 CFR 35.42 relating to the change in status
reporting requirements regarding sites for new generation capacity
development and also adopted the proposal to revise the regulations at
18 CFR 35.37 to remove the requirement that sellers provide information
regarding sites for generation capacity development to demonstrate a
lack of vertical market power. However, no changes to the definition of
inputs to electric power production were made in the Final Rule.
2. Commission Determination
    57. In light the determinations made in the Final Rule, we revise
our regulations at 18 CFR 35.36(a)(4) to remove sites for generation
capacity development from the definition of inputs to electric power
production. However, we clarify that the affirmative statement
regarding barriers to entry required in 18 CFR 35.37(e)(3) continues to
cover sites for generation capacity development.

J. Transmission/Natural Gas Assets Sheet

1. Final Rule
    58. In the NOPR, the Commission proposed to require any seller that
has been granted waiver of the requirement to file an open access
transmission tariff (OATT) for its transmission facilities to report in
its Transmission/Natural Gas Assets Sheet the citation to the
Commission order granting the OATT waiver for those transmission
facilities.\72\ The Commission did not adopt the NOPR proposal in the
Final Rule, agreeing with SoCal Edison that this requirement would not
provide useful information in light of Order No. 807.\73\ The
Commission further stated that, ``even if a seller has been granted
waiver of the requirement to file an OATT, those transmission
facilities should be reported in its asset appendix.'' \74\
---------------------------------------------------------------------------

    \72\ NOPR, FERC Stats. & Regs. ] 32,702 at P 120.
    \73\ Order No. 816, FERC Stats. & Regs. ] 31,374 at P 300
(citing Open Access and Priority Rights on Interconnection
Customer's Interconnection Facilities, Order No. 807, FERC Stats. &
Regs. ] 31,367 (2015) (amending Commission regulations to waive the
OATT requirements of section 35.28, the OASIS requirements of Part
37, and the Standards of Conduct requirements of Part 358, under
certain conditions, for entities that own interconnection
facilities)).
    \74\ Id. P 295 (citing Order No. 697-A, FERC Stats. & Regs. ]
31,268 at P 378 (``We clarify that the transmission facilities that
we require to be included in that asset appendix are limited to
those the ownership or control of which would require an entity to
have an OATT on file with the Commission (even if the Commission has
waived the OATT requirement for a particular seller).'')).
---------------------------------------------------------------------------

2. Commission Determination
    59. Upon further consideration, we modify the requirement to report
in the asset appendix transmission facilities that have been granted an
individual OATT waiver or that qualify for a blanket waiver under Order
No. 807 and find that sellers are no longer required to include such
facilities in their Transmission/Natural Gas Assets Sheet. We find that
the burden of providing information on such facilities outweighs any
benefit to reporting it. For this reason, we eliminate the requirement
to report in the Transmission/Natural Gas Assets Sheet facilities that
qualify for blanket waiver of the OATT requirement under Order No. 807
and those that have been granted an individual OATT waiver.

K. Long-Term Firm Power Purchases List

1. Final Rule
    60. In the Final Rule, the Commission established a new, separate
list in the asset appendix in which market-based rate sellers are to
report their Long-Term Firm Power Purchase Agreements (PPAs).\75\ The
Commission agreed with commenters that the format of the Generation
Assets Sheet was not well suited for reporting long-term firm
purchases.
---------------------------------------------------------------------------

    \75\ Id. P 270.
---------------------------------------------------------------------------

2. Commission Determination
    61. Subsequent to the issuance of Order No. 816, Commission Staff
received numerous calls from sellers requesting guidance with respect
to completing the Long-Term Firm PPAs Sheet. Upon further
consideration, we recognize that certain modifications to this sheet
and its instructions are warranted to improve its clarity. To that end,
we are making the following changes. First, we are eliminating the
existing column B, ``Docket # where MBR authority was granted'' as this
is duplicative of information required elsewhere in the asset appendix.
In response to questions as to whether the ``Market/Balancing Authority
Area'' column was referring to the source or sink of the transaction,
we are adding a column and specifically requesting sellers to identify
both the source and sink of the transaction in separate designated
columns. Finally, in response to other questions raised by market-based
rate filers, we are adding a column requiring sellers to indicate
whether a particular long-term firm purchase agreement is backed by a
specific identified generation unit or by the supplier's generation
fleet (i.e., a ``system'' contract). Instructions for the Long-Term
Firm PPAs Sheet have been modified to reflect these changes and to make
certain other clean up edits.

L. Generation Assets Sheet, Rows [B] and [H]

1. Final Rule
    62. The Final Rule contained instructions for completing the asset
appendix. The description of Row [B] indicated that, if applicable,
sellers should include the docket number where market-based rate or
qualifying facility status was originally granted, and that it can be
an EL or QF docket number. The description of Row [H] listed the six
market-based rate regions but mistakenly listed the Southeast region
twice and failed to mention the Northwest region.
2. Commission Determination
    63. We revise the instructions for Row [B] of the asset appendix to
remove references to EL and QF dockets. This revision does not change
the Commission's determinations in Order No. 816. Rather, this revision
aligns the description and format information regarding Row [B] with
the Commission's intent that Row [B] contain the docket number where
market-based rate authority was granted.
    64. We revise the instructions to Row [H] of the Generation Assets
Sheet to delete the second reference to ``Southeast'' and replace it
with ``Northwest.''

III. Information Collection Statement

    65. The Office of Management and Budget (OMB) regulations
implementing the Paperwork Reduction Act of 1995 \76\ require that OMB
approve certain information collection requirements imposed by an
agency.\77\ 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.
---------------------------------------------------------------------------

    \76\ 44 U.S.C. 3507(d) (2012).
    \77\ 5 CFR 1320.11.
---------------------------------------------------------------------------

    66. The revisions made in Order No. 816 to the information
collection requirements for market-based rate sellers were approved
under FERC-919 (OMB Control No. 1902-0234).\78\ This order clarifies
and makes minor revisions to some aspects of the existing information
collection requirements for the market-based rate program. The

changes to the information collection include:
---------------------------------------------------------------------------

    \78\ OMB approved the information collection in Order No. 816 on
December 22, 2015.
---------------------------------------------------------------------------

     Removing the need to list transmission facilities in the
Transmission/Natural Gas Assets Sheet that have an OATT waiver or that
qualify for the blanket OATT waiver (a slight burden decrease)
     adding a source/sink column and a column for generation
unit/system contract type to the Long-Term Firm PPAs Sheet (slight
burden increases)
     removing column B, ``Docket # where MBR authority was
granted'' from the Long-Term Firm PPAs Sheet and removing references to
``EL'' and ``QF'' in the instructions for Row [B] of the Generation
Assets Sheet (de minimis decreases)
     removing sites for generation capacity development from
the definition of inputs to electric power production at 18 CFR
35.36(a)(4) (no change to burden).

The Commission estimates that there will be no net change to burden.
This Final Rule will be submitted to OMB for review and approval of a
``No Material/Nonsubstantive Change.''
    Title: Market Based Rates for Wholesale Sales of Electric Energy,
Capacity and Ancillary Services by Public Utilities (FERC-919).
    Action: Clarification and 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.
    67. 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.

IV. Document Availability

    68. 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 FERC's Home Page (http://www.ferc.gov) and in FERC'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.
    69. From FERC'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.
    70. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at 202-502-
6652 (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>
V. Effective Date

    71. These regulations are effective July 25, 2016.

List of Subjects in 18 CFR Part 35

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

    By the Commission.

    Issued: May 19, 2016.
Nathaniel J. Davis, Sr.,
Deputy 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.

Sec.  35.36  [Amended]

0
2. Amend Sec.  35.36 as follows:
0
a. In paragraph (a)(4), remove the comma and add in its place a
semicolon.
0
b. In paragraph (a)(4), remove the phrase ``sites for generation
capacity development;''.

0
3. Amend Sec.  35.42 by revising paragraphs (a)(1) and (a)(2)(i) to
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 capacity based on
nameplate or seasonal capacity ratings, or, for solar photovoltaic
facilities, nameplate capacity, or, for other energy-limited resources,
nameplate or five-year average capacity factors, in any individual
relevant geographic market, or of inputs to electric power production,
or ownership, operation or control of transmission facilities; or
    (2) * * *
    (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 solar photovoltaic
facilities, nameplate capacity, or, for other energy-limited resources,
nameplate or five-year average capacity factors, in any individual
relevant geographic market;
* * * * *

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

Appendix B to Subpart H of Part 35--Corporate Entities and Assets
Sample Appendix

BILLING CODE 6717-0-P

[GRAPHIC] [TIFF OMITTED] TR26MY16.039

[GRAPHIC] [TIFF OMITTED] TR26MY16.040

[GRAPHIC] [TIFF OMITTED] TR26MY16.041

[GRAPHIC] [TIFF OMITTED] TR26MY16.042

[FR Doc. 2016-12427 Filed 5-25-16; 8:45 a.m.]
 BILLING CODE 6717-01-C


[Federal Register: October 24, 2007 (Volume 72, Number 205)]
[Notices]
[Page 60367-60368]
[DOCID:fr24oc07-93]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0936; FRL-8154-1]

Notice of Filing of Pesticide Petitions for Residues of Pesticide
Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the initial filing of pesticide
petitions proposing the establishment or modification of regulations
for residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before November 23, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest, by one
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the assigned docket ID number
and the pesticide petition number of interest. EPA's policy is that all
comments received will be included in the docket without change and may
be made available on-line at http://www.regulations.gov, including any

personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in

hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The person listed at the end of the
pesticide petition summary of interest.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed at the end of the pesticide petition
summary of interest.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.

    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Docket ID Numbers

    When submitting comments, please use the docket ID number and the
pesticide petition number of interest, as shown in the table.

------------------------------------------------------------------------
                 PP Number                        Docket ID Number
------------------------------------------------------------------------
PP 6F7135                                   EPA-HQ-OPP-2007-0495
------------------------------------------------------------------------
PP 0F6201                                   EPA-HQ-OPP-2007-0495
------------------------------------------------------------------------
PP 7F7211                                   EPA-HQ-OPP-2007-0507
------------------------------------------------------------------------
PP 7F7223                                   EPA-HQ-OPP-2007-0507
------------------------------------------------------------------------

III. What Action is the Agency Taking?

    EPA is printing notice of the filing of pesticide petitions
received under section 408 of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a, proposing the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. EPA has determined that the pesticide
petitions described in this notice contain data or information
regarding the elements set forth in FFDCA section 408(d)(2); however,
EPA has not fully evaluated the sufficiency of the submitted data at
this time or whether the data support granting of the pesticide
petitions. Additional data may be needed before EPA rules on these
pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
included in this notice, prepared by the petitioner, is included in a
docket EPA has created for each rulemaking. The docket for each of the
petitions is available on-line at http://www.regulations.gov.

New Tolerance

    1. PP 6F7135. (EPA-HQ-OPP-2007-0495). Dow AgroSciences LLC, 9330
Zionsville Road, Indianapolis, IN 46268, proposes to establish a
tolerance for residues of the insecticide methoxyfenozide, Intrepid 2F
in or on food commodities animal feed, non-grass, group 18, forage at
35 parts per million (ppm); animal feed, non-grass, group 18, hay at 85
ppm; poultry-liver at 0.2 ppm; and eggs at 0.04 ppm. Adequate
enforcement methods are available for determination of methoxyfenozide
residues in plant commodities. The available Analytical Enforcement
Methodology was previously reviewed in the Federal Register of
September 20, 2002 (67 FR 59193). Contact: Mark Suarez,<PHONE_NUMBER>,
e-mail address<EMAIL_ADDRESS>
Amendment to Existing Tolerance

    1. PP 0F6201. (EPA-HQ-OPP-2007-0495). Dow AgroSciences LLC, 9330
Zionsville Road, Indianapolis, IN 46268, proposes to amend the
tolerances in 40 CFR 180.544 to reestablish the time-limited tolerances
for indirect or inadvertent residues of insecticide methoxyfenozide and
its metabolites RH-117,236 free phenol of methoxyfenozide; 3,5-
dimethylbenzoic acid N-tert-butyl-N'-(3-hydroxy-2-methylbenzoyl)
hydrazide, RH-151,055 glucose conjugate of RH-117,236; 3,5-
dimethylbenzoic acid N-tert-butyl-N-[3([beta]-D-glucopyranosyloxy)-2-
methylbenzoyl]-hydrazide) and RH-152,072 the malonylglycosyl conjugate
of RH-117,236 in or on the food commodities vegetable, root and tuber,
group 1 at 0.1 parts per million (ppm); vegetable, leaves of root and
tuber, group 2 at 0.2 ppm; vegetable, bulb, group 3 at 0.2 ppm;
vegetable, legume, group 6 at 0.1 ppm; vegetable, foliage of legume,
group 7 at 10 ppm; grain, cereal, forage, fodder, and straw, group 16
at 10 ppm; grass, forage, fodder and hay, group 17 at 10 ppm; animal
feed, non-grass, group 18 at 10 ppm; and herb and spice, group 19 at 10
ppm. Adequate enforcement methods are available for determination of
methoxyfenozide residues in plant commodities, based on the Rohm and
Haas Company Technical Report No. 34-98-87, ``Tolerance Enforcement
Method for Parent RH-2485 in Pome Fruit.'' The available Analytical
Enforcement Methodology was previously reviewed in the Federal Register
of September 20, 2002 (67 FR 59193).
    Rohm and Haas Company requested these tolerances under the Federal
Food, Drug, and Cosmetic Act, as amended by the Food Quality Protection
Act of 1996. A Notice of Filing was submitted and published in the
Federal Register of March 19, 2001 (66 FR 15443) (FRL-6766-7). Based on
the data submitted by Rohm and Haas Company, the Agency determined that
only time-limited tolerances for these residues could be established.
The final rule was published on September 20, 2002 (67 FR 59193) (FRL-
7198-5) with time-limited tolerances expiring on September 30, 2007. To
enable establishment of permanent tolerances, 24 additional rotational
crop trials were requested. The data were submitted to the Agency on
March 3 and June 17, 2003. An extension of the tolerances which expired
September 30, 2007 is needed to allow for Agency review of the
additional rotational crop data. Contact: Mark Suarez,<PHONE_NUMBER>,
e-mail address<EMAIL_ADDRESS>    2. PPs 7F7211 and 7F7223. (EPA-HQ-OPP-2007-0507). Gowan Company,
370 South Main Street, Yuma, AZ 85364, proposes to amend the tolerances
in 40 CFR 180.448 for residues of the miticide hexythiazox (trans-5-(4-
chlorophenyl)-N-cyclohexyl-4-methyl-2-oxothiazolidine-3-carboxamide)
and its metabolites containing the (4-chlorophenyl)-4-methyl-2-oxo-3-
thiazolidine moiety in or on the processed food commodities citrus
dried pulp from 1.5 ppm to 0.6 ppm; and citrus oil from 0.9 ppm to 26
ppm (PP 7F7223). Gowan Company also proposes to amend the existing
tolerances in or on the food commodities pome fruit, crop group 11 from
1.7 ppm to 0.25 ppm; wet apple pomace from 2.5 ppm to 0.74 ppm; and the
meat byproducts of cattle, goat, horse and sheep from 0.12 ppm to 0.02
ppm (PP 7F7211). A practical analytical method, high pressure liquid
chromatography with an ultraviolet detector, which detects and measures
residues of hexythiazox and its metabolites as a common moiety, is
available for enforcement purposes with a limit of detection that
allows monitoring of food with residues at or above the levels set in
these tolerances. Contact: Olga Odiott,<PHONE_NUMBER>, e-mail address:
<EMAIL_ADDRESS>

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: October 16, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-20967 Filed 10-23-07; 8:45 am]

BILLING CODE 6560-50-S