When and What to File

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 18 C.F.R. § 35.36(a)(9).
  • Representations of how the applicant satisfies the Commission's concerns with regard to horizontal market power, consistent with 18 C.F.R. § 35.37 (b) and (c) (including standard screens consistent with Appendix A to subpart H of part 35, as necessary).
  • 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 asset appendix that includes separate sheets for reporting generation assets, long-term firm power purchase agreements, and transmission/natural gas assets owned or controlled by the applicant and any of its affiliates. Each of the sheets is required even if the applicant and its affiliates do not own any assets and must indicate that there are no assets by listing not applicable (n/a) in each column. The form and instructions for the asset appendix may be found in Appendix B to subpart H of part 35.
  • If appropriate, an eTariff that includes the required provisions in compliance with Order No. 697Order No. 697-AOrder No. 816Order No. 816-A, and Order No. 819.
  • If the updated market power analysis does not contain revised tariff language, it may be eFiled or submitted by paper.

The Commission will review sellers in each region every three years according to a rotating schedule detailed in Appendix D to Order No. 697, as revised and corrected in Appendix D, D-1, and D-2 to Order No. 697-AOrder No. 816, Appendix C.

Map of the U.S. regions for triennial review.

 

Sample Triennial Review    
 

This page was last updated on August 24, 2020