Electric - Market-Based Rates
Updated Market Power Analysis (Triennial)
The Commission requires Category 2 market-based rate sellers, as defined in 18 CFR 35.36(a), to file updated market power analyses on an ongoing basis based on a regional review schedule detailed in Appendix D to Order No. 697  , and in Appendix D, D-1, and D-2 to Order No. 697-A | What should seller’s filing include?
When preparing an updated market power analysis a seller's filing 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 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 contain such a statement. 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. 614 and includes the required provisions in compliance with Order No. 697 , and Order No. 697-A .
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