Electric - Market-Based Rates
How to Get Authorization
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Request a Docket Number
You must request a docket number prior to submitting your application.
Once you receive a docket number from the Commission you must file your market-based rate application within 72 hours. In that submission you are required to include the email response from the Commission granting you a docket number as the first page of the submittal.
Failure to submit your application within 72 hours of the email response will result in the docket number being cancelled and unusable for submission.
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An applicant obtains market-based rate authorization by order of the Commission. To obtain market-based rate authorization, an applicant must make a filing under Section 205 of the Federal Power Act.
In an application for electric market-based rate authorization, in accordance with 18 CFR Part 35, Subpart H and Order No. 697, an applicant must demonstrate that:
- It and its affiliates satisfy the Commission's standards for the grant of market-based rate authority regarding horizontal market power;
- It and its affiliates satisfy the Commission's standards for the grant of market-based rate authority regarding vertical market power; and
- Its tariff contains those provisions the Commission requires.
An application should 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 phone number).
- The names and addresses of those on whom the filing has been served.
- A description of the kinds of services to be offered under the 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 contain such a statement. Affiliates include upstream owners and are defined in Order No. 697-A
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- 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).
- Any requests for waivers or authorizations.
- FERC Electric Tariff, Original Volume No. 1 that is in compliance with Order No. 614
 and includes the required provisions in compliance with Order No. 697 , and Order No. 697-A .
- 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. This appendix is required even if the applicant and its affiliates do not own any assets.
Market-based rate tariffs shall be tendered for filing with the Commission and posted not less than 60 days nor more than 120 days prior to the date on which the tariff will become effective.
Note: Some Qualifying Facilities may be exempt from section 205 of the Federal Power Act. For more information read Order No. 671
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