Industries Electric Market-Based Rates
The Commission requires Category 2 market-based rate sellers, as defined in 18 CFR 35.36, to file updated market power analyses (Triennials) on an ongoing basis. We note that if a seller has not been designated as a Category 1 seller for the specific region in question it is by default Category 2 and must submit an updated market power analysis for that region.
An entity that has not been designated as a Category 1 seller for the region must file an analysis even if it does not own assets in the region and does not transact in the region.
When preparing an updated market power analysis a seller's filing must include the following elements:
- A transmittal letter explaining the filing and listing the documents submitted with the filing.
- Contact information for the filing entity (including current phone number).
- A description of the kinds of services the Commission has authorized the seller to provide under its market-based rate tariff.
- A description of the applicant's business activities.
- A description of the affiliates of the applicant and their business activities. If the applicant has no affiliates, the application should include a representation to that effect. Affiliates include upstream owners and are defined in Order No. 697-A .
- Representations of how the applicant satisfies the Commission's concerns with regard to horizontal market power (including standard screens consistent with those that appear as Appendix A to Subpart H).
- Representations of how the applicant satisfies the Commission's concerns with regard to vertical market power, consistent with 18 C.F.R. § 35.37(d) and (e).
- An appendix which includes all generation and transmission assets, and natural gas intrastate pipelines and gas storage facilities owned or controlled by applicant and its affiliates, by balancing authority area, a sample of which appears as Appendix B to Subpart H.
- [If Appropriate] An updated market-based rate tariff that is in compliance with Order No. 714 and includes the required provisions in compliance with Order No. 697 , and Order No. 697-A . This filing must be submitted through the eTariff system.
- If the updated market power analysis does not contain revised tariff language, it may be eFiled or submitted by paper.