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Comprehensive Overview of Market-Based Rate Filings and Triennial Reviews

This document outlines the process of market-based rate filings by public utilities under the Federal Power Act. It emphasizes the FERC's responsibility to ensure that wholesale power rates are just, reasonable, and non-discriminatory. The content includes key orders, the two-step approach for assessments, and what happens when applicants pass or fail the necessary screens. Additionally, it describes the roles of various divisions involved in the process, the implications of market power, and intervention opportunities regarding evidence presentation.

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Comprehensive Overview of Market-Based Rate Filings and Triennial Reviews

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  1. Introduction Market-Based Rate Filings Including Triennial Reviews And New Market-Based Rate Authorizations

  2. Team Effort • OMTR • All Four Rate Divisions • Front Office Staff • Policy Division • Administrative Division • Reliability Division • OGC • OMOI • OSEC

  3. FERC responsibility under the Federal Power Act: • To Ensure That Rates Charged By Public Utilities For Wholesale Power Are Just, Reasonable And Not Unduly Discriminatory Or Preferential

  4. Key Orders • April 14 Order (SMA Rehearing Order) 107 FERC ¶ 61,018 • May 13 Order (Implementation Order) 107 FERC ¶ 61,168 • July 8 Order (April 14 Rehearing Order) 108 FERC ¶ 61,026

  5. Two Step Approach • Step One: Submit Indicative Screens • Step Two: For Utilities That Fail • Delivered Price Test • Tailored Mitigation • Default Mitigation

  6. What Happens If Applicant Passes Both Screens? • Rebuttable Presumption Applicant Does Not Have MP… • …But Interveners Can Present Evidence To Disprove (Including Historical Sales Data And Evidence That Competing Suppliers Can’t Access The Market) • If No Evidence To Rebut The Presumption, Then Applicant Obtains/Retains MBR

  7. What Happens If Applicant Fails Either Screen • Rebuttable Presumption Applicant Has MP • …But Applicant Can Either Present Evidence To Disprove (Including Historical Sales Data And The Delivered Price Test) • …Applicant Can Propose Tailored Mitigation Or Adopt Default Rates • If Found To Have MP, It’s Denied MBR In All Geographic Markets Where It Has MP

  8. Results on This Agenda • 11 Passes • 6 Fails • 2 Additional Information Needed

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