Electricity Restructuring: Action Needed to Address Emerging Gaps in Federal Information Collection

On July 31, 2007, FERC reported that its Information Assessment Team had reported its findings to the Commission and that, in response, FERC developed and acquired a comprehensive set of data sources to meet it oversight needs. FERC considers this recommendation as fully implemented and closed. On July 28, 2004, FERC reported that it has created the Information Assessment Team to identify information needs. The team will present its findings to the Commission in fall 2004.

On July, 31, 2007, FERC reported that On May 25, 2005, the Information Assessment Team (referred to in FERC's 2004 response) presented its final recommendations to the Commission on information the Commission needs to promote greater market transparency in electricity markets. For example, the Commission acted on a number of data collections to streamline filings, update methodologies, or reduce the amount of information submitted to the Commission. The Commission streamlined Nuclear Decommissioning Trust Fund reports and hydroelectric project preliminary permit application requirements and allowed utilities to file electronically securities issuance applications and certain natural gas pipeline and oil pipeline data, thereby giving the Commission more timely access to this data. The Commission also proposed to permit utility information on interlocking positions and customers to be filed electronically. Electronic filing aids the Commission by increasing the reliability and completeness of the information, and gives the Commission greater ability to analyze it in the course of performing its market monitoring functions. The Commission also issued two Notices of Inquiry (NOI) through the FIAT effort. The first sought comment on collecting electric generator run status information. A second NOI sought comment on collecting and calculating Available Transfer Capability (ATC) data. ATC is a measure of unused electric transmission system capability that a utility can offer for sale. Market participants have told the Commission that variations in the way ATC is calculated provide opportunities for undue discrimination and create obstacles to doing business. Neither NOI became a rulemaking, however, comments filed in response to these NOIs helped inform the Commission's Order No. 890 (referenced above). Order No. 890 does several things to increase transparency: (1) Increases non-discriminatory access to the grid by eliminating the wide discretion that transmission providers have in calculating ATC. The rule requires public utilities, working through the North American Electric Reliability Corp., to develop consistent ATC calculation methodologies and to publish those methodologies to increase transparency. (2)Increases the ability of customers to access new generating resources by requiring an open, transparent and coordinated transmission planning process. Each transmission provider's planning process must meet nine specified planning principles: coordination; openness; transparency; information exchange; comparability; dispute resolution; regional coordination; economic planning studies and cost allocation. (3) Requires that transmission providers post on their OASIS all business rules, practices and standards related to transmission services provided under the pro forma Open Access Transmission Tariff, or OATT.

On July 28, 2004, FERC reported that there are provisions in pending legislation that would grant FERC explicit authority to assure market transparency and to oversee the reliability of the transmission system. These provisions would be adequate authority to permit FERC to meet its information collection needs, according to FERC.

On July 28, 2004, FERC reported that OMOI has developed creative ways to obtain information without imposing new burdens on the reporting public through the acquisition of third party vendor information, and through sharing arrangements with regional transmission organizations and their market monitoring units. The Information Assessment Team will also examine what information is supplied to other federal agencies and how FERC can access that information rather than imposing new reporting burdens on the industry directly.