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

    123. The Commission also proposes to increase the six-decimal limit
to ten decimal places for ``Standardized Price'' to allow Sellers to
report very small quantities and allow more complete accounting of
transactional data.

V. Proposed Continued Collection of Current Data Fields

    124. Under this NOPR, the requirements for reporting information
related to the following data fields would remain unchanged: \67\
---------------------------------------------------------------------------

    \67\ The ``*'' designates data fields with increases in decimal
limits, but no other modifications.

 ``Extension Provision Description'' (Current Field No. 25)
 ``Increment Name'' (Current Field Nos. 28 and 61)
 ``Quantity'' (Current Field No. 32) (in the Contract Data
only)
 ``Units'' (Current Field No. 33) (in the Contract Data only)
 ``Rate'' (Current Field No. 34)
 ``Rate Minimum'' (Current Field No. 35)
 ``Rate Maximum'' (Current Field No. 36)
 ``Increment Peaking Name'' (Current Field No. 62) (in the
Transaction Data only)
 ``Transaction Quantity'' (Current Field No. 64) *
 ``Price'' (Current Field No. 65) *
 ``Total Transmission Charge'' (Current Field No. 69)
 ``Total Transaction Charge'' (Current Field No. 70)

VI. Fields Dependent on Future System Design

    125. Possible revisions to certain system-generated data fields,
including ``Filer Unique Identifier'' (Current Field No. 1),\68\
``Contract Unique ID'' (Current Field No. 15), and ``Transaction Unique
ID'' (Current Field No. 45), depend on the outcome of the system design
phase for XBRL-CSV. Therefore, any proposed changes to these current
data fields are not set forth in this NOPR. The proposed reporting
requirements and definitions for these data fields would be issued
after publication of the FERC EQR taxonomies and interested parties
would be able to provide comments.
---------------------------------------------------------------------------

    \68\ As discussed above, the Commission proposes to delete
``Filer Unique Identifier'' (Current Field No. 71) in connection
with the current requirement for a Seller to identify whether its
transactions were reported to index price publishers.
---------------------------------------------------------------------------

VII. Information Collection Statement

    126. The collection of information contained in this proposed rule
is being submitted to the Office of Management and Budget (OMB) for
review under section 3507(d) of the Paperwork Reduction Act of 1995, 44
U.S.C. 3507(d). We solicit comments on the Commission's need for this
information, whether the information will have practical utility, the
accuracy of the provided burden estimates, ways to enhance the quality,
utility, and clarity of the information to be collected, and any
suggested methods for minimizing respondents' burden, including the use
of automated information techniques. Specifically, the Commission asks
that any proposed burden or cost estimates submitted by commenters be
supported by sufficient detail to understand how the proposed estimates
are generated. Respondents subject to the filing requirements of this
proposed 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.
    127. The proposed rule will affect entities required to file an EQR
and RTOs/ISOs. The estimated hourly cost is based on FERC's 2022
Commission-wide average salary cost (salary plus benefits) of $91.00/
hour. The Commission staff believes the FERC full-time equivalent (FTE)
average cost for wages plus benefits is representative of the
corresponding cost for the industry respondents.
    128. The revisions proposed in this NOPR would: (a) implement a new
collection method based on the XBRL-CSV standard; (b) require RTOs and
ISOs to produce reports containing market participant transaction data
in XBRL-CSV format that adhere to the FERC EQR taxonomies; and (c) make
substantive changes to eliminate or modify the information collected in
the EQR. The information collected in the EQR is required to be
submitted quarterly to the Commission under existing regulations and
reporting requirements adopted under the FPA. Compliance with the
changes proposed in this NOPR would be mandatory. We estimate that
affected respondents would incur the following burden and other
costs.\69\
---------------------------------------------------------------------------

    \69\ Burden is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to 5 CFR 1320.3.

     Table No. 1--Changes in Burden for the Data Collected Due to Modification of Data Fields and Associated
                                                  Requirements
----------------------------------------------------------------------------------------------------------------
                                                                            Updated total for      Difference
                                     Incremental burden      Currently           the data      between currently
     No.             Formula              category            approved       collected in the     approved and
                                                                                EQR           updated total
----------------------------------------------------------------------------------------------------------------
(a)..........  ...................  Number of                        2,929              3,111                182
                                     Respondents \70\.
(b)..........  ...................  Annual Number of                     4                  4                  0
                                     Responses per
                                     Respondent.
(c)..........  (a)(b) = (c).......  Total Annual Number             11,716             12,444                728
                                     of Responses.
(d)..........  ...................  Average Burden                    18.1               20.3                2.2
                                     Hours per Response
                                     \71\.
(e)..........  ...................  Hourly Cost per                    $87                $91                 $4
                                     Response \72\.
(f)..........  (b)(d) = (f).......  Total Annual Burden               72.4               81.2                8.8
                                     Hours per
                                     Respondent \73\.
(g)..........  (d)(e) = (g).......  Total Burden Cost               $1,575             $1,847               $272
                                     per Response.
(h)..........  (b)(g) = (h).......  Total Annual Burden             $6,300             $7,389             $1,089
                                     Cost per
                                     Respondent.
(i)..........  (a)(f) = (i).......  Total Annual Burden            212,060            252,613             40,553
                                     Hours for All
                                     Respondents.
(j)..........  (e)(i) = (j).......  Total Annual Burden        $18,449,220        $22,987,783         $4,538,563
                                     Cost for All
                                     Respondents.
----------------------------------------------------------------------------------------------------------------

    129. The compliance burden estimate for the proposed substantive
changes to the information collected in the EQR are reflected as
changes to previously approved estimates submitted to OMB for the EQR
(FERC-920 (OMB Control No. 1902-0255)), as shown in Table No. 1 in the
Column labeled Currently Approved. We estimate that the number of
respondents has increased to 3,111 based on normal industry
fluctuations.\74\ The estimated burden increase of 2.2 hours per
response to comply with the modification of data fields and associated
requirements, as shown in Table No. 1, Row (d), results in a new total
Average Burden Hours per Response of 20.3 hours. The Annual Burden Cost
per Respondent for complying with the proposed modifications to the EQR
reporting requirements would increase by $1,600, bringing the total
estimated Annual Burden Cost per Respondent to $7,389 (Table No. 1, Row
(h)).
---------------------------------------------------------------------------

    \70\ The Number of Respondents of 2,929 is based on the OMB
inventory of respondents, current as of the issuance of this NOPR.
    \71\ The estimated increase in Average Burden Hours per Response
is 2.2 hours, where the estimated Year 1 hours are 3.6, Year 2 hours
are 2, and Year 3 hours is 1 ((3.6 + 2 + 1)/3 = 2.2 hours).
    \72\ The estimated hourly cost is based on FERC's 2022
Commission-wide average salary cost (salary plus benefits) of
$91.00/hour. The Commission staff believes the FERC FTE average cost
for wages plus benefits is representative of the corresponding cost
for the industry respondents. Therefore, we are updating the hourly
pay rate of $87 used in the 2021 OMB renewal of the EQR collection
to reflect the cost of $91.00/hour.
    \73\ The formulas shown in Table No. 1 apply solely to the
Columns labeled Currently Approved and Updated Total for the Data
Collected in the EQR.
    \74\ The estimated number of respondents is based on the 2022 Q3
EQR submissions.

  Table No. 2--One-Time Formatting Submission in XBRL-CSV for First Quarter of First Year, Burden Estimate for
                                             Submission in XBRL-CSV
----------------------------------------------------------------------------------------------------------------
                                                         Filers using FERC   Filers creating     Filers with no
   Row No.           Formula         Incremental burden    templates for         XBRL-CSV          change to
                                          category          submissions        submissions         submission
                                                                       (A)                (B)                (C)
----------------------------------------------------------------------------------------------------------------
(a)..........  ...................  Number of                        1,866                778                467
                                     Respondents \75\.
(b)..........  ...................  Number of Responses                  1                  1                  1
                                     per Respondent.
(c)..........  (a)(b) = (c).......  Total Number of                  1,866                778                467
                                     Responses.
(d)..........  ...................  Average Burden                       5                 20                  1
                                     Hours per Response.
(e)..........  ...................  Hourly Cost per                    $91                $91                $91
                                     Response.
(f)..........  (b)(d) = (f).......  Total Burden Hours                   5                 20                  1
                                     per Respondent.
(g)..........  (d)(e) = (g).......  Total Burden Cost                 $455             $1,820                $91
                                     per Response.
(h)..........  (b)(g) = (h).......  Total Burden Cost                 $455             $1,820                $91
                                     per Respondent.
(i)..........  (a)(f) = (i).......  Total 1st Quarter                9,330             15,560                467
                                     Burden Hours.
(j)..........  (e)(i) = (j).......  Total 1st Quarter             $849,030         $1,415,960            $42,497
                                     Burden Cost.
----------------------------------------------------------------------------------------------------------------

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

    \75\ For the first filing of Year 1: 60% of Respondents would
use the FERC Templates for submissions, 25% would create an XBRL-CSV
submission, and 15% would have no change to their submission.

              Table No. 3--First Year, Quarters 2, 3 & 4 Burden Estimate for Submission in XBRL-CSV
----------------------------------------------------------------------------------------------------------------
                                                         Filers using FERC   Filers creating     Filers with no
   Row No.           Formula          Burden  category     templates for         XBRL-CSV          change to
                                                            submissions        submissions         submission
                                                                       (A)                (B)                (C)
----------------------------------------------------------------------------------------------------------------
(k)..........  ...................  Number of                        1,866                778                467
                                     Respondents \76\.
(l)..........  ...................  Number of Responses                  3                  3                  3
                                     per Respondent for
                                     Quarters 2, 3, and
                                     4 of First Year.
(m)..........  (k)(l) = (m).......  Total Number of                  5,598              2,334              1,401
                                     Responses for
                                     Quarters 2, 3, and
                                     4 of First Year.
(n)..........  ...................  Average Burden                       2                  3                  1
                                     Hours Per Response.
(o)..........  ...................  Hourly Cost Per                    $91                $91                $91
                                     Response.
(p)..........  (l)(n) = (p).......  Total Burden Hours                   6                  9                  3
                                     per Respondent.
(q)..........  (n)(o) = (q).......  Total Burden Cost                 $182               $273                $91
                                     per Response.
(r)..........  (l)(q) = (r).......  Total Burden Cost                 $546               $819               $273
                                     per Respondent.
(s)..........  (k)(p) = (s).......  Total Burden Hours              11,196              7,002              1,401
                                     for Quarters 2-4
                                     of First Year.
(t)..........  (k)(r) = (t).......  Total Burden Cost           $1,018,836           $637,182           $127,491
                                     for Quarters 2-4
                                     of First Year.
----------------------------------------------------------------------------------------------------------------

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

    \76\ For Year 1, quarters 2 through 4: 60% of Respondents would
use the FERC Templates for submissions, 25% would create an XBRL-CSV
submission, and 15% would have no change to their submission.

                   Table No. 4--Years 2 & 3 Annual Burden Estimate for Submission in XBRL-CSV
----------------------------------------------------------------------------------------------------------------
                                                         Filers using FERC   Filers creating     Filers with no
   Row No.           Formula          Burden category      templates for         XBRL-CSV          change to
                                                            submissions        submissions         submission
                                                                       (A)                (B)                (C)
----------------------------------------------------------------------------------------------------------------
(u)..........  ...................  Number of                        1,866                778                467
                                     Respondents \77\.
(v)..........  ...................  Annual Number of                     4                  4                  4
                                     Responses Per
                                     Respondent.
(w)..........  (u)(v) = (w).......  Total Annual Number              7,464              3,112              1,868
                                     of Responses.
(x)..........  ...................  Average Burden                       1                  1               0.25
                                     Hours Per Response.
(y)..........  ...................  Hourly Cost Per                    $91                $91                $91
                                     Response.
(z)..........  (x)(y) = (z).......  Total Burden Cost                  $91                $91                $23
                                     per Response.
(D)..........  (v)(x) = (D).......  Total Annual Burden                  4                  4                  1
                                     Hours per
                                     Respondent.
(E)..........  (D)(y) = (E).......  Total Annual Burden               $364               $364                $91
                                     Cost per
                                     Respondent.
(F)..........  (x)(w) = (F).......  Total Annual Burden              7,464              3,112                467
                                     Hours for All
                                     Respondents.
(G)..........  (F)(y) = (G).......  Total Annual Burden           $679,224           $283,192            $42,497
                                     Cost for All
                                     Respondents.
----------------------------------------------------------------------------------------------------------------

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

    \77\ For Years 2 and 3: 60% of Respondents would use the FERC
Templates for submissions, 25% would create an XBRL-CSV submission,
and 15% would have no change to their submission.

Table No. 5--Summary of Burden for Formatting Submission in XBRL-CSV for
                            Years 1 Through 3
------------------------------------------------------------------------
   Row No.          Formula            Description           Totals
------------------------------------------------------------------------
(H).........  (iA) + (iB) + (iC)   Three-Year Total               67,042
               + (sA) + (sB) +      Burden Hours.
               (sC) + 2((FA) +
               (FB) + (FC)) = (H).
(I).........  (H)/3 = (I)........  Average Burden                 22,347
                                    Hours Per Year
                                    (forecast through
                                    third year).
(J).........  (H)(yA) = (J)......  Three-Year Total           $6,100,822
                                    Burden Cost.
(K).........  (J)/3 = (K)........  Average Annual             $2,033,607
                                    Total Burden Cost
                                    (forecast through
                                    third year).
------------------------------------------------------------------------

    130. The burden estimate related to changing the submission format
to XBRL-CSV is shown in Table Nos. 2 through 5. The estimate presents
three options, in different time periods, for filers to: (1) submit the
EQRs using pre-formatted FERC Templates that adhere to the FERC EQR
taxonomies (Column (A) of Table Nos. 2-4); (2) prepare XBRL-CSV
submission files that adhere to the FERC EQR taxonomies (Column (B) of
Table Nos. 2-4), or (3) submit a response that indicates there was no
change from the previous quarter (Column (C) of Table Nos. 3-4). We
estimate that 60% of filers would be able to use the FERC Templates and
that the burden would decrease over time. For the filers using the FERC
Templates, the Total Burden Cost per Respondent for the first quarter
of the first year would be $455, and would decrease to $182 on a
quarterly basis for quarters 2 through 4 of the first year, and would
decrease further to $91 per response for Years 2 and 3. For the filers
creating XBRL-CSV submissions, the Total Burden Cost per Respondent
would follow a similar downward quarterly trend over time. For the
filers that only report Identification Data or Identification and
Contract Data, and have no change to the submission from the previous
quarter, the Total Burden Cost per Respondent would remain one hour per
quarter over Years 1-3. This proposed submission option would simplify
the EQR filing process for those Sellers that do not report Transaction
Data.
    131. As shown in Table No. 4, Row (u), after the first submission
in XBRL-CSV, we estimate that 467 Respondents, i.e., 15% of the 3,111
Total Respondents, as shown in Table No. 1, Row (a), would elect to use
the proposed new option that would only require filers to confirm that
no changes to the EQR occurred from the previous quarter. We estimate
that 1,866 Respondents, as shown in Table No. 3, Row (k), i.e., 60% of
3,111 Total Respondents, would continue to use the FERC Templates in
the second quarter of Year 1 and beyond. The Average Burden Hours per
Respondent for filers creating their own XBRL-CSV submissions (i.e.,
778 Respondents),\78\ as shown in Table No. 3, Row (k), Column (B),
decreases on a quarterly basis from 20 hours in the first quarter of
Year 1, to 9 hours for each of the remaining quarters of Year 1, and 4
hours for each quarter in Years 2-3. We anticipate that the Annual
Burden Hours per Respondent would decrease further, as these
Respondents become more familiar with the new system.
---------------------------------------------------------------------------

    \78\ Calculated as 25% of 3,111 Total Respondents, as shown in
Table No. 4, Row (u).
---------------------------------------------------------------------------

    132. As reflected in Table Nos. 2 through 4, we estimate that
changing the submission format to XBRL-CSV would result in the
following expenses. Filers using FERC Templates would incur a total
expense of $1,729 for Years 1

through 3.\79\ For those filers creating XBRL-CSV submissions, we
expect a total expense of $3,367 for the same time period.\80\ Finally,
for those filers with no changes to their submissions after the initial
quarter of Year 1, we expect a total expense of $546 for the same time
period.\81\
---------------------------------------------------------------------------

    \79\ $1,729 is the sum total of $455 (Table No. 2, Row (h),
Column (A)) + $546 (Table No. 3, Row (r), Column (A)) + ($364*2)
(Table No. 4, Row (E), Column (A), where $364 is multiplied by 2 to
reflect the Total Annual Burden Cost per Respondent for Years 2 and
3).
    \80\ $3,367 is the sum total of $1,820 (Table No. 2, Row (h),
Column (B)) + $819 (Table No. 3, Row (r), Column (B)) + ($364*2)
(Table No. 4, Row (E), Column (B), where $364 is multiplied by 2 to
reflect the Total Annual Burden Cost per Respondent for Years 2 and
3).
    \81\ $546 is the sum total of $91 (Table No. 2, Row (h), Column
(C)) + $273 (Table No. 3, Row (r), Column (C)) + ($91*2) (Table No.
4, Row (E), Column (C), where $91 is multiplied by 2 to reflect the
Total Annual Burden Cost per Respondent for Years 2 and 3).
---------------------------------------------------------------------------

    133. Table Nos. 6 through 8 estimate the burden on RTOs/ISOs to
produce and make available transaction data reports that adhere to the
FERC EQR taxonomies for use by their market participants in submitting
EQRs. Table No. 6 outlines the burden estimate for RTOs/ISOs to
implement this proposed requirement in the first year. Specifically,
for RTOs/ISOs that currently produce EQR transaction data reports for
their market participants, the first year's Total Burden Cost per
Respondent to create XBRL-CSV formatted reports, as shown in Row (h),
Column (A) of Table No. 6, is estimated to be $6,108. For RTOs/ISOs
that do not currently produce EQR transaction data reports for their
market participants, the first year's Total Burden Cost per Respondent
is estimated to be $24,432, as shown in Row (h), Column (B) of Table
No. 6. Table No. 7 reflects the estimated annual costs that RTOs/ISOs
would incur in Years 2 and 3 to maintain their systems.

                           Table No. 6--First Year Burden Estimate for RTO/ISO Reports
----------------------------------------------------------------------------------------------------------------
                                                                              RTOs/ISOs with       RTOs/ISOs
                                                                               existing EQR     without existing
      Row No.                  Formula                Burden category        transaction data   EQR transaction
                                                                                reports          data reports
                                                                                (A)                (B)
----------------------------------------------------------------------------------------------------------------
(a)................  ..........................  Number of Respondents....                  5                  1
(b)................  ..........................  Response per Respondent                    1                  1
                                                  to Incorporate New
                                                  System Requirements.
(c)................  (a)(b) = (c)..............  Total Number of Responses                  5                  1
(d)................  ..........................  Average Burden Hours per                  80                320
                                                  Response.
(e)................  ..........................  Hourly Cost per Response              $76.35             $76.35
                                                  \82\.
(f)................  (d)(e) = (f)..............  Total Burden Cost per                 $6,108            $24,432
                                                  Response.
(g)................  (b)(d) = (g)..............  Total Burden Hours per                    80                320
                                                  Respondent.
(h)................  (g)(e) = (h)..............  Total Burden Cost per                 $6,108            $24,432
                                                  Respondent.
(i)................  (a)(g) = (i)..............  Total Annual Burden Hours                400                320
                                                  for All Respondents.
(j)................  (i)(e) = (j)..............  Total Annual Burden Cost.            $30,540            $24,432
----------------------------------------------------------------------------------------------------------------

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

    \82\ The estimated hourly costs (salary plus benefits) are based
on Bureau of Labor Statistics information, as of May 2022 (at http://www.bls.gov/oes/current/naics2_22.htm, with updated benefits
information for March 2022 at http://www.bls.gov/news.release/ecec.nr0.htm), for a Computer and Information Analyst (15-1210).

              Table No. 7--Annual Burden Estimate for RTO/ISO Reports, Forecasted for Years 2 and 3
----------------------------------------------------------------------------------------------------------------
                Row No.                           Formula                Burden category          All RTO/ISO
----------------------------------------------------------------------------------------------------------------
                                                                                (E)
----------------------------------------------------------------------------------------------------------------
(k)....................................  .........................  Number of Respondents....                  6
(l)....................................  .........................  Annual Number of                           1
                                                                     Responses per Respondent.
(m)....................................  (k)(l) = (m).............  Total Number of Responses                  6
(n)....................................  .........................  Average Burden hours per                  36
                                                                     Response.
(o)....................................  .........................  Hourly Cost per Response.             $76.35
(p)....................................  (n)(o) = (p).............  Total Burden Cost per                 $2,749
                                                                     Response.
(q)....................................  (l)(n) = (q).............  Total Annual Burden Hours                 36
                                                                     per Respondent.
(r)....................................  (q)(o) = (r).............  Total Burden Cost per                 $2,749
                                                                     Respondent.
(s)....................................  (k)(q) = (s).............  Total Annual Burden Hours                216
(t)....................................  (o)(s) = (t).............  Total Annual Burden Cost.            $16,492
----------------------------------------------------------------------------------------------------------------

 Table No. 8--Summary of Burden for All RTOs/ISOs for Years 1 Through 3
------------------------------------------------------------------------
   Row No.          Formula          Burden category         Totals
------------------------------------------------------------------------
(u).........  (iA) + (iB) + 2(sE)  Three-Year Total                1,152
               = (u).               Burden Hours.
(v).........  (v) = (u)/3........  Average Burden                    384
                                    Hours Per Year.
(w).........  (u)(o) = (w).......  Three-Year Total              $87,955
                                    Burden Cost.
(x).........  (x) = (w)/3........  Average Annual                $29,318
                                    Total Burden Cost.
------------------------------------------------------------------------

    134. The Commission proposes to direct its staff to help Sellers
and RTOs/ISOs with the initial implementation of the proposed reporting
requirements and filing process by convening staff-led technical
conference(s). The conference(s) would be available by webcast.
    Title: FERC-920, Electric Quarterly Report (EQR) [OMB No.: 1902-
0255].
    Action: Proposed new EQR filing system and additional reporting
requirements for all filers.
    OMB Control No.: 1902-0255.
    Respondents: Electric utilities.
    Frequency of Responses: Quarterly.
    Necessity of the Information: The Commission proposes to implement
a new collection method for EQR reporting based on the XBRL-CSV
standard; amend its regulations to require Regional Transmission
Organizations (RTO) and Independent System Operators (ISO) to produce
reports containing market participant transaction data; and modify or
clarify EQR reporting requirements.
    Internal Review: The Commission has reviewed the proposed changes
and has determined that the changes are necessary. These requirements
conform to the Commission's need for efficient information collection,
communication, and management within the energy industry. The
Commission has assured itself, by means of internal review, that there
is specific, objective support for the burden estimates associated with
the information collection requirements.
    135. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426 [Attention: Ellen
Brown, Office of the Executive Director, email: [email protected],
phone:<PHONE_NUMBER>]. Please send comments concerning the collection
of information and the associated burden estimates to the Commission.

VIII. Environmental Analysis

    136. 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.\83\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment.\84\ The proposed rule is categorically excluded as an
electric rate filing submitted by a public utility under sections 205
and 206 of the FPA.\85\ Accordingly, no environmental assessment is
necessary and none has been prepared in this NOPR.
---------------------------------------------------------------------------

    \83\ Reguls. Implementing the Nat'l Envt'l Pol'y Act, Order No.
486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. ] 30,783
(1987) (cross-referenced at 41 FERC ] 61,284).
    \84\ 18 CFR 380.4.
    \85\ 18 CFR 380.4(a)(15).
---------------------------------------------------------------------------

IX. Regulatory Flexibility Act

    137. The Regulatory Flexibility Act of 1980 (RFA) \86\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The Commission is not required to perform this sort of analysis if the
proposed activities within the NOPR would not have such an effect.
---------------------------------------------------------------------------

    \86\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    138. As discussed above, the EQR is required to be filed under FPA
sections 205(c) and 220. The NOPR proposes updates to the filing
requirements and the method through which respondents submit EQR data
to the Commission. The annual cost currently associated with filing the
EQR is $6,300 per respondent, which includes preparing the data and
submitting it to the Commission. The Commission estimates an increase
of $1,089 per respondent to the annual cost of filing EQRs as a result
of implementing the proposed modifications to the data fields and
associated requirements. In addition, the Commission estimates an
increase in the first-year cost for submitting EQRs using XBRL-CSV. The
costs for submitting the EQR in XBRL-CSV would be $1,001 per respondent
for the 60% of filers that are anticipated to use FERC Templates;
$2,639 for the 25% of respondents that are anticipated to create their
own XBRL-CSV submission system; and $364 for the remaining 15% of
respondents that are anticipated to have no change to their submission
during the first year.
    139. In Years 2 and 3, the Commission estimates that the XBRL-CSV
submission cost would decline to a level of $364 for the respondents
that used FERC Templates or created their own systems. For respondents
that submit EQRs without changes in Year 1, the annual cost would
decline to $91 per respondent. The cost for Year 2 or 3 per respondent
would be $1,180, calculated as ($1,089 + $91) if a respondent submits
no changes to its data in the proposed system, and $1,453, calculated
as ($1,089 + $364) if a respondent uses the FERC Templates or develops
its own XBRL-CSV system. For Years 2 and 3, the percentage of
respondents selecting each submission option is estimated to remain as
stated for Year 1. The Commission estimates that the relatively small
increase in EQR filing costs for Years 1 through 3 following the
implementation of the proposed modifications would not have a
significant economic impact on small entities.
    140. In the second quarter of 2022 (Q2 2022), the Commission
received 3,058 EQR filings. Among the Sellers were electric utilities
and other companies that are required to file the EQR, and therefore
are subject to the requirements adopted by this rule. To evaluate if
this NOPR will significantly impact small entities, the Commission used
a random sample (342 entities) of Q2 2022 filers and researched the
number of companies that would be categorized as small as defined by
the Small Business Administration (SBA).\87\ Since the EQR

is required by a range of filers, there was also a range in number of
employees due to the type of power generation, transmission, or
distribution. The employee totals ranged from 250 employees (e.g.,
solar) to 1,000 employees (e.g., electric power distribution).
---------------------------------------------------------------------------

    \87\ The small business size standards are provided in 13 CFR
121.201. In 13 CFR 121.201, the SBA uses the North American Industry
Classification System (NAICS) codes. The Commission used the SBA
standards for the utilities subsector (221). [NAICS Codes 221111
(Hydroelectric Power Generation), 221112 (Fossil Fuel Electric Power
Generation), 221113 (Nuclear Electric Power Generation), 221114
(Solar Electric Power Generation), 221115 (Wind Electric Power
Generation), 221116 (Geothermal Electric Power Generation), 221117
(Biomass Electric Power Generation, 221118 (Other Electric Power
Generation), 221121 (Electric Bulk Power Transmission Control),
221122 (Electric Power Distribution)]. SBA classifies utilities
subsector companies with 250 to 1000 employees as small businesses
depending on more specific industry categories.
---------------------------------------------------------------------------

    141. Using the random sample of 342 filers for Q2 2022, the
Commission estimates 143 entities would be considered small as defined
by SBA regulations. All of the small entities in our analysis fall
under the 1,000 employee threshold, in fact, they fall under the 250-
employee threshold or are unknown, in which case, we assume they are
small entities. Furthermore, the Commission estimates that 199 entities
would surpass the small business threshold according to the SBA
standards. Out of the Commission's random sample, approximately 42% of
respondents would be considered small and 58%--the majority of
respondents--would not be considered small.
    142. Given the number of respondents that are categorized as small,
the Commission is taking steps to ease the burden of the transition by
helping respondents through technical conference(s). This mechanism can
be used by all firms that would be required to comply with a final rule
in this proceeding and are intended to reduce the transition burden.
Additionally, the proposed FERC Templates can be used to reduce the
need for a respondent to create their own XBRL-CSV system.
    143. The Commission finds that the additional support provided by
the technical conference(s) and templates will reduce the economic
burden below the threshold of significant.
    144. Accordingly, the Commission certifies that the revised
requirements set forth in this NOPR will not have a significant
economic impact on a substantial number of small entities, and no
regulatory flexibility analysis is required.

X. Comment Procedures

    145. The Commission invites interested persons to submit comments
on the matters and issues proposed in this document to be adopted,
including any related matters or alternative proposals that commenters
may wish to discuss. Comments are due December 26, 2023. Comments must
refer to Docket No. RM23-9-000, and must include the commenter's name,
the organization they represent, if applicable, and their address in
their comments. All comments will be placed in the Commission's public
files and may be viewed, printed, or downloaded remotely as described
in the Document Availability section below. Commenters on this proposal
are not required to serve copies of their comments on other commenters.
    146. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website at https://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software must be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    147. Commenters that are not able to file comments electronically
may file an original of their comment by USPS mail or by courier-or
other delivery services. For submission sent via USPS only, filings
should be mailed to: Federal Energy Regulatory Commission, Office of
the Secretary, 888 First Street NE, Washington, DC 20426. Submission of
filings other than by USPS should be delivered to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.

XI. Document Availability

    148. 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).
    149. 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.
    150. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
[email protected] to schedule access to view the contents
of this document in person during normal business hours (8:30 a.m. to
5:00 p.m. Eastern time) at 888 First Street NE, Washington, DC 20426.

List of Subjects in 18 CFR Part 35

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

    By direction of the Commission.

    Issued October 19, 2023.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission proposes to amend
18 CFR Chapter I, Part 35, as set forth below:

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.  35.10b by revising the introductory text and adding
paragraph (d) to read as follows:

Sec.  35.10b  Electric Quarterly Reports.

    Each public utility as well as each non-public utility with more
than a de minimis market presence shall file an updated Electric
Quarterly Report with the Commission covering all services it provides
pursuant to this part, for each of the four calendar quarters of each
year, in accordance with the following schedule: for the period from
January 1 through March 31, file by July 31; for the period from April
1 through June 30, file by October 31; for the period July 1 through
September 30, file by January 31 of the following year; and for the
period October 1 through December 31, file by April 30 of the following
year. Electric Quarterly Reports must be prepared in conformance with
the Commission's guidance posted on the FERC website (https://www.ferc.gov).
* * * * *
    (d) Each RTO/ISO must prepare and make available transaction data
reports that adhere to the Commission's filing and formatting
requirements for use by its market participants in submitting their
EQRs.
0
3. Amend Sec.  35.41 by revising paragraph (c) to read as follows:

Sec.  35.41  Market behavior rules.

* * * * *
    (c) Price reporting. To the extent a Seller engages in reporting of
transactions to publishers of electric or natural gas price indices,
Seller must provide accurate and factual information, and not knowingly
submit false or misleading information or omit material information to
any such publisher, by reporting its transactions in a manner
consistent with the procedures set forth in the Policy

Statement on Natural Gas and Electric Price Indices, issued by the
Commission in Docket No. PL03-3-000, and any clarifications thereto. In
addition, Seller must adhere to any other standards and requirements
for price reporting as the Commission may order.
* * * * *
[FR Doc. 2023-23592 Filed 10-26-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 9, 2006 (Volume 71, Number 89)]
[Notices]
[Page 26947-26948]
[DOCID:fr09my06-77]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-328-000]

Vector Pipeline L.P.; Notice of Tariff Filing

May 2, 2006.
    Take notice that on April 28, 2006, Vector Pipeline L.P. (Vector),
tendered for filing certain negotiated rate agreements and revised
tariff sheets to its FERC Gas Tariff, Volume No. 1, for the purpose of
deleting sheets summarizing negotiated rate contracts and substituting
a sheet listing non-conforming contracts pursuant to an Audit Letter
issued April 28, 2006. Vector requests an effective date for the tariff
sheets of June 1, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR

154.210). Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-6973 Filed 5-8-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Notices]
[Page 44384]
[FR Doc No: 2022-16001]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-2411-000]

PGR 2021 Lessee 13, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
PGR 2021 Lessee 13, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 9, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    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) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: July 20, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16001 Filed 7-25-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4325-4327]
[FR Doc No: 2015-01375]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74107; File No. SR-BX-2015-005]

Self-Regulatory Organizations; NASDAQ OMX BX; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Changes To Amend Rule
7018 To Amend Fees and Rebates in Connection With BX's Retail Price
Improvement Program

January 21, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 12, 2015, NASDAQ OMX BX, Inc. (``BX'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing changes to amend BX Rule 7018 to amend
fees and rebates in connection with BX's Retail Price Improvement
Program.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxbx.cchwallstreet.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this proposal is to amend BX Rule 7018 to amend fees
and rebates for execution of orders under BX's Retail Price Improvement
(``RPI'') program. BX recently adopted the RPI program,\3\ which
provides incentives to member firms (or a division thereof) approved by
the Exchange to participate in the program (a ``Retail Member
Organization'' or ``RMO'') to submit designated ``Retail Orders'' \4\
for the purpose of seeking price improvement. All BX members may enter
retail price improvement orders (``RPI Orders''),\5\ a form of non-
displayed orders that are priced more aggressively than the Protected
National Best Bid or Offer (``NBBO'') by at least $0.001 per share, for
the purpose of offering such price improvement. RMOs may use two types
of Retail Orders. A Type 1 Retail Order is eligible to execute only
against RPI Orders and other orders (such as midpoint pegged orders)
that will provide price improvement. Type 2 Retail Orders interact
first with available RPI Orders and other price improving orders, and
then are eligible to access non-price improving liquidity on the BX
book and to route to other trading venues if so designated.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 73410 (October 23,
2014), 79 FR 64447 (October 29, 2014) (SR-BX-2014-048) (proposing
RPI program and exemption from SEC Rule 612 under Regulation NMS, 17
CFR 242.612, in connection therewith); see also Securities Exchange
Act Release No. 73836 (December 15, 2014), 79 FR 75852 (December 19,
2014) (SR-BX-2014-059).
    \4\ A Retail Order is defined in BX Rule 4780(a)(2), in part, as
``an agency or riskless principal order that satisfies the criteria
of FINRA Rule 5320.03, that originates from a natural person and is
submitted to the Exchange by a Retail Member Organization, provided
that no change is made to the terms of the order with respect to
price (except in the case that a market order is changed to a
marketable limit order) or side of market and the order does not
originate from a trading algorithm or any other computerized
methodology.''
    \5\ A Retail Price Improvement Order is defined in BX Rule
4780(a)(3), in part, as consisting of ``non-displayed liquidity on
the Exchange that is priced better than the Protected NBBO by at
least $0.001 and that is identified as such.''
---------------------------------------------------------------------------

    BX currently offers a rebate of $0.0025 per share executed to RMOs
with respect to Retail Orders that execute against RPI Orders. RMO
Retail Orders that execute against other orders providing price
improvement with respect to the NBBO will receive a rebate otherwise
applicable to executions of orders that access liquidity. For Type 2
Retail Orders that execute against non-price improving orders on the BX
book, BX offers a rebate otherwise applicable to execution of orders
that access liquidity. Similarly, when Type 2 Retail Orders are routed
and execute at another trading venue, BX charges the fee otherwise
applicable to execution of routed orders. For RPI Orders that provide
liquidity, BX charges a fee of $0.0025 per share executed. Other orders
that provide liquidity to Retail Orders will receive the credit or pay
the fee otherwise applicable to orders that provide liquidity.
    BX is proposing to provide greater incentives to RMOs to
participate in the program by providing two new tiers of credits
provided under the program. Specifically, BX proposes to provide RMOs a
credit of $0.0005 per share executed for a Retail Order that accesses
non-Retail Price Improvement midpoint liquidity. This is the same
credit all orders that execute against midpoint pegged orders currently
receive under

Rule 7018(a). BX is now including the credit as a stand-alone credit
incorporated into the program. BX is also providing RMOs with a new
credit of $0.0017 per share executed for a Retail Order that accesses
other liquidity on the Exchange book. Currently, such an order would
receive a credit ranging from $0.0004 to $0.0015 per share executed
under Rule 7018(a), depending on a member firm's removing and adding
activity during the month. BX is adding the new increased credit for a
Retail Order that accesses other liquidity on the Exchange book, which
will not be tied to the member firm's average daily volume during the
month.
    As a consequence of adding the two new credit tiers to the RPI
Program, BX is eliminating language under the rule that encompasses
such orders, noting that the fees under Rule 7018(a) and (b) apply.
Specifically, BX is deleting language concerning Retail Orders that
access other liquidity at a price better than the national best bid or
best offer. Such Retail Orders may be either Type 1 or Type 2.
Likewise, BX is deleting language concerning Type 2 Retail Orders that
access other liquidity from the Exchange book. The orders covered by
these two sections are now included in the two new credit tiers of the
rule. For example, an order that would qualify under the proposed new
tier applicable to Retail Orders that accesses non-Retail Price
Improvement midpoint liquidity currently falls under the section
concerning a Retail Order that accesses other liquidity at a price
better than the national best bid and offer. Similarly, an order that
would qualify under the proposed new tier applicable to a Retail Order
that accesses other liquidity on the Exchange book currently falls
under one of the deleted sections, as such orders must be either a
Retail Order that accesses other liquidity at a price better than the
national best bid or best offer, or is a Type 2 Retail Order that
accesses other liquidity from the Exchange book.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\6\ in general, and with Sections
6(b)(4) and 6(b)(5) of the Act,\7\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which BX operates or controls, and is not designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The proposed new credits provided to RMOs under the RPI program are
reflective of BX's ongoing efforts to use pricing incentive programs to
attract orders of retail customers to BX and improve market quality.
The goal of this program and similar pricing incentives is to provide
meaningful incentives for members that represent the orders of retail
customers to increase their participation on BX. The proposed credit of
$0.0005 per share executed with respect to Retail Orders that access
non-Retail Price Improvement Order midpoint liquidity is reasonable
because it merely incorporates the current credit provided for such
orders under Rule 7018(a) into the RPI program. The change is
consistent with an equitable allocation of fees because it will allow
BX to disassociate the credit from the credit provided under Rule
7018(a) so that the RPI program credit will not be affected by changes
to the credit under Rule 7018(a). Moreover, all member firms that
qualify for the new tier will receive the credit. BX further believes
that the proposed credit tier is not unreasonably discriminatory
because it is designed to separate order activity under the program
from the normal credit provided under Rule 7018(a). As such, BX may
increase the proposed credit, or reduce the related credit under Rule
7018(a), resulting in a more meaningful economic benefit to member
firms that participate in the RPI program. Such incentive pricing in
consistent with the goal of increasing participation in this beneficial
program.
    Similarly, BX believes that the proposed credit of $0.0017 per
share executed with respect to Retail Orders that access other
liquidity on the Exchange book is reasonable because it provides
greater incentive to member firms to participate in this beneficial
program. The proposed credit is greater than the highest credit tier
currently available for such orders under Rule 7018(a). Moreover, as
opposed to the other tiers under Rule 7018(a) the new credit is not
tied to any other measure, which provides further incentive to member
firms to participate in the program. The proposed change is consistent
with an equitable allocation of fees because it provides incentive
pricing to all member firms that qualify under the program. BX further
believes that the proposed credit tier is not unreasonably
discriminatory because it is designed to provide further meaningful
incentives for members that represent the orders of retail customers to
increase their participation on BX. Because retail orders are likely to
reflect long-term investment intentions, they promote price discovery.
Accordingly, their presence in the BX market has the potential to
benefit all market participants. For this reason, BX believes that it
is equitable and not unfairly discriminatory to provide significant
financial incentives to encourage greater retail participation in the
market.
    Elimination of the existing sections of the RPI Program that note
that certain orders will be subject to the current fees and credits
under Rule 7018(a) and (b) is reasonable because they are replaced by
the new credit tiers, as discussed above. The Exchange believes that
elimination of these sections is an equitable allocation and not
unfairly discriminatory because they allow the Exchange to offer
incentive pricing to a wider range of beneficial order activity, which
will be provided to all member firms that meet the requirements for the
credits.
    Finally, BX notes that it operates in a highly competitive market
in which market participants can readily favor competing venues if they
deem fee levels at a particular venue to be excessive. In such an
environment, BX must continually adjust its fees to remain competitive
with other exchanges and with alternative trading systems that have
been exempted from compliance with the statutory standards applicable
to exchanges. BX believes that the proposed rule change reflects this
competitive environment because it is designed to allow BX to compete
with other exchanges that offer similar price improvement programs for
retail orders.

B. Self-Regulatory Organization's Statement on Burden on Competition

    BX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. In this instance,
the RPI program is designed to allow BX to compete more effectively
with the New York Stock Exchange, NYSE MKT LLC, NYSE Arca, Inc. and the
BATS-Y Exchange, all of which offer similar programs designed to
attract retail order flow. BX believes that the proposed higher credit
with respect to Retail Orders will enhance competition by drawing
additional retail order flow to BX and, as a consequence, possibly
encouraging other trading venues to make competitive pricing changes.
    For these reasons and the reasons discussed in connection with the
statutory basis for the proposed rule change, BX does not believe that
the proposed changes will impose any

burden on competition, but rather may promote competition among order
execution venues for orders of retail customers.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and paragraph (f) of Rule 19b-4
thereunder.\9\ At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2015-005 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2015-005. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-BX-2015-005,
and should be submitted on or before February 17, 2015.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Brent J. Fields,
Secretary.
[FR Doc. 2015-01375 Filed 1-26-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12751-12752]
[FR Doc No: 2018-05975]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Order on Intent To Revoke Market-Based Rate Authority

Before Commissioners: Kevin J. McIntyre, Chairman; Cheryl A.
LaFleur, Neil Chatterjee, Robert F. Powelson, and Richard Glick.

------------------------------------------------------------------------
                                                   Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports.............  ER02-2001-020
Fibrominn LLC..........................  ER12-1161-002
BluCo Energy LLC.......................  ER12-1279-000
Alternate Power Source Inc.............  ER11-4550-000
Atlantic Coast Energy Corporation......  ER13-734-000
------------------------------------------------------------------------

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2012), and 18 CFR part 35 (2017), require, among other things, that
all rates, terms, and conditions for jurisdictional services be filed
with the Commission. In Order No. 2001, the Commission revised its
public utility filing requirements and established a requirement for
public utilities, including power marketers, to file Electric Quarterly
Reports.\1\
---------------------------------------------------------------------------

    \1\ Revised Public Utility Filing Requirements, Order No. 2001,
FERC Stats. & Regs. ] 31,127, reh'g denied, Order No. 2001-A, 100
FERC ] 61,074, reh'g denied, Order No. 2001-B, 100 FERC ] 61,342,
order directing filing, Order No. 2001-C, 101 FERC ] 61,314 (2002),
order directing filing, Order No. 2001-D, 102 FERC ] 61,334, order
refining filing requirements, Order No. 2001-E, 105 FERC ] 61,352
(2003), order on clarification, Order No. 2001-F, 106 FERC ] 61,060
(2004), order revising filing requirements, Order No. 2001-G, 120
FERC ] 61,270, order on reh'g and clarification, Order No. 2001-H,
121 FERC ] 61,289 (2007), order revising filing requirements, Order
No. 2001-I, FERC Stats. & Regs. ] 31,282 (2008). See also Filing
Requirements for Electric Utility Service Agreements, 155 FERC ]
61,280, order on reh'g and clarification, 157 FERC ] 61,180 (2016)
(clarifying Electric Quarterly Reports reporting requirements and
updating Data Dictionary).
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    2. The Commission requires sellers with market-based rate
authorization to file Electric Quarterly Reports summarizing
contractual and transaction information related to their market-based
power sales as a condition for retaining that authorization.\2\
Commission staff's review of the Electric Quarterly Reports indicates
that the following four public utilities with market-based rate
authorization have failed to file their Electric Quarterly Reports:
Fibrominn LLC, BluCo Energy LLC, Alternate Power Source Inc., and
Atlantic Coast Energy Corporation. This order notifies these public
utilities that their market-based rate authorizations will be revoked
unless they comply with the Commission's requirements within 15 days of
the date of issuance of this order.
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    \2\ See 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), order on reh'g, Order No. 816-A, 155 FERC ] 61,188
(2016); 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 3, clarified, 121 FERC ] 61,260
(2007), order on reh'g, Order No. 697-A, FERC Stats. & Regs. ]
31,268, clarified, 124 FERC ] 61,055, order on reh'g, Order No. 697-
B, FERC Stats. & Regs. ] 31,285 (2008), order on reh'g, Order No.
697-C, FERC Stats. & Regs. ] 31,291 (2009), order on reh'g, Order
No. 697-D, FERC Stats. & Regs. ] 31,305 (2010), aff'd sub nom. Mont.
Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011), cert.
denied, 133 S. Ct. 26 (2012).
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    3. In Order No. 2001, the Commission stated that:

[i]f a public utility fails to file a[n] Electric Quarterly Report
(without an appropriate request for extension), or fails to report
an agreement in a report, that public utility may forfeit its
market-based rate authority and may be required to file a new
application for market-based rate authority if it wishes to resume
making sales at market-based rates.\3\
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    \3\ Order No. 2001, FERC Stats. & Regs. ] 31,127 at P 222.

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    4. The Commission further stated that:

[o]nce this rule becomes effective, the requirement to comply with
this rule will supersede the conditions in public utilities' market-
based rate authorizations, and failure to comply with the
requirements of this rule will subject public utilities to the same
consequences they would face for not satisfying the conditions in
their rate authorizations, including possible revocation of their
authority to make wholesale power sales at market-based rates.\4\
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    \4\ Id. P 223.

    5. Pursuant to these requirements, the Commission has revoked the
market-based rate tariffs of market-based rate sellers that failed to
submit their Electric Quarterly Reports.\5\
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    \5\ See, e.g., Electric Quarterly Reports, 82 FR 60,976 (Dec.
26, 2017); Electric Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015);
Electric Quarterly Reports, 79 FR 65,651 (Nov. 5, 2014).
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    6. Sellers must file Electric Quarterly Reports consistent with the
procedures set forth in Order Nos. 2001, 768,\6\ and 770.\7\ The exact
filing dates for Electric Quarterly Reports are prescribed in 18 CFR
35.10b (2017). As noted above, Commission staff's review of the
Electric Quarterly Reports for the period up to the third quarter of
2017 identified four public utilities with market-based rate
authorization that failed to file Electric Quarterly Reports.
Commission staff contacted or attempted to contact these entities to
remind them of their regulatory obligations. Despite these reminders,
the public utilities listed in the caption of this order have not met
these obligations. Accordingly, this order notifies these public
utilities that their market-based rate authorizations will be revoked
unless they comply with the Commission's requirements within 15 days of
the issuance of this order.
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    \6\ Electricity Market Transparency Provisions of Section 220 of
the Federal Power Act, Order No. 768, FERC Stats. & Regs. ] 31,336
(2012), order on reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013),
order on reh'g, Order No. 768-B, 150 FERC ] 61,075 (2015).
    \7\ Revisions to Electric Quarterly Report Filing Process, Order
No. 770, FERC Stats. & Regs. ] 31,338 (2012).
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    7. In the event that any of the above-captioned market-based rate
sellers has already filed its Electric Quarterly Reports in compliance
with the Commission's requirements, its inclusion herein is
inadvertent. Such market-based rate seller is directed, within 15 days
of the date of issuance of this order, to make a filing with the
Commission identifying itself and providing details about its prior
filings that establish that it complied with the Commission's Electric
Quarterly Report filing requirements.
    8. If any of the above-captioned market-based rate sellers does not
wish to continue having market-based rate authority, it may file a
notice of cancellation with the Commission pursuant to section 205 of
the FPA to cancel its market-based rate tariff.
    The Commission orders:
    (A) Within 15 days of the date of issuance of this order, each
public utility listed in the caption of this order shall file with the
Commission all delinquent Electric Quarterly Reports. If a public
utility subject to this order fails

to make the filings required in this order, the Commission will revoke
that public utility's market-based rate authorization and will
terminate its electric market-based rate tariff. The Secretary is
hereby directed, upon expiration of the filing deadline in this order,
to promptly issue a notice, effective on the date of issuance, listing
the public utilities whose tariffs have been revoked for failure to
comply with the requirements of this order and the Commission's
Electric Quarterly Report filing requirements.
    (B) The Secretary is hereby directed to publish this order in the
Federal Register.

    By the Commission.

    Issued: March 19, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-05975 Filed 3-22-18; 8:45 am]
 BILLING CODE 6717-01-P