138 FERC ¶ 61,191 

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION 

18 CFR Part 35 

(Docket No. RM01-8-012) 

Revised Public Utility Filing Requirements for Electric Quarterly Reports 

(March 15, 2012) 

AGENCY: Federal Energy Regulatory Commission. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes to 

revise the Electric Quarterly Report (EQR) Data Dictionary to add “Simultaneous 

Exchange” to the list of available Product Names in the EQR. This revision would allow 

for greater transparency in wholesale electricity markets through a greater understanding 

of these complex transactions. The Commission invites comment on this proposal. 

DATES: Comments on the proposal are due [insert date 60 days after publication in 

the FEDERAL REGISTER]. 

ADDRESSES: You may submit comments on the proposal, identified by Docket 

No. RM01-8-012, by one of the following methods: 

 Agency Web Site: http://www.ferc.gov. Documents created electronically using 

word processing software should be filed in native applications or print-to-PDF 

format and not in a scanned format. 

 Mail/Hand Delivery: Commenters unable to file comments electronically must 

mail or hand deliver an original copy of their comments to: Federal Energy 
Docket No. RM01-8-012 - 2 - 

Regulatory Commission, Secretary of the Commission, 888 First Street, NE, 

Washington, DC 20426. Additional requirements can be found on the 

Commission’s website, see, e.g., the “Quick Reference Guide for Paper 

Submissions,” available at http://www/ferc.gov/docs-filing/efiling.asp, or via 

phone from FERC Online Support at 202-502-6652 or toll-free at 1-866-208-3676. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Knudsen 

Federal Energy Regulatory Commission, Office of the General Counsel 

888 First Street, NE 

Washington, DC 20426 

(202) 502-6527 

andrew.knudsen@ferc.gov

Andrew Weinstein 

Federal Energy Regulatory Commission, Office of the General Counsel 

888 First Street, NE 

Washington, DC 20426 

(202) 502-6230 

andrew.weinstein@ferc.gov

SUPPLEMENTARY INFORMATION: 
138 FERC ¶ 61,191 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Revised Public Utility Filing Requirements Docket No. RM01-8-012 

 for Electric Quarterly Reports 

NOTICE OF PROPOSED RULEMAKING 

(March 15, 2012) 

1. The Commission proposes to revise the Electric Quarterly Report (EQR) Data 

Dictionary to add “Simultaneous Exchange” to the list of available Product Names in the 

EQR. This revision would allow for accurate reporting of simultaneous exchange 

transactions, which will bolster transparency in wholesale electricity markets by 

facilitating a greater understanding of these complex transactions. The Commission 

invites comment on this proposal. 

I. Background

A. Order No. 2001 

2. On April 25, 2002, the Commission set forth the EQR filing requirements in Order 

No. 2001.1

 Order No. 2001 requires public utilities to electronically file EQRs 

 

(continued...) 

1 Revised Public Utility Filing Requirements, Order No. 2001, 67 FR 31043 

(May 8, 2002), FERC Stats. & Regs. ¶ 31,127, reh’g denied, Order No. 2001-A, 

100 FERC ¶ 61,074, reh’g denied, Order No. 2001-B, 100 FERC ¶ 61,342, order 

directing filing, Order No. 2001-C, 101 FERC ¶ 61,314 (2002), order directing filing, 

Order No. 2001-D, 102 FERC ¶ 61,334, order refining filing requirements, Order 

No. 2001-E, 105 FERC ¶ 61,352 (2003), order on clarification, Order No. 2001-F, 

106 FERC ¶ 61,060 (2004), order revising filing requirements, Order No. 2001-G, 
Docket No. RM01-8-012 - 2 - 

summarizing transaction information for short-term and long-term cost-based sales and 

market-based rate sales and the contractual terms and conditions in their agreements for 

all jurisdictional services.2

 The Commission established the EQR reporting requirements 

to help ensure the collection of information needed to perform its regulatory functions 

over transmission and sales,3

 while making data more useful to the public and facilitating 

the ability of public utilities to fulfill their responsibility under FPA section 205(c)4

 to 

have rates on file in a convenient form and place.5

 As noted in Order No. 2001, the EQR 

data are designed to “provide greater price transparency, promote competition, enhance 

confidence in the fairness of the markets, and provide a better means to detect and 

discourage discriminatory practices.”6

 The requirement to file EQRs replaced the 

requirement to file quarterly transaction reports summarizing a utility's market-based rate 

transactions and sales agreements that conformed to the utility’s tariff. 

3. In Order No. 2001, the Commission also adopted a new section in its regulations, 

18 CFR 35.10b, which requires that the EQRs must conform to the Commission’s 

 

72 FR 56735 (Oct. 4, 2007), 120 FERC ¶ 61,270, order on reh’g and clarification, Order 

No. 2001-H, 73 FR 1876 (Jan. 10, 2008), 121 FERC ¶ 61,289 (2007), order revising 

filing requirements, Order No. 2001-I, 73 FR 65526 (Nov. 4, 2008), 125 FERC ¶ 61,103 

(2008). 

2

 Order No. 2001, FERC Stats. & Regs. ¶ 31,127. 

3 Id. P 13-14. 

4 16 U.S.C. 824d(c). 

5

 Order No. 2001, FERC Stats. & Regs.¶ 31,127 at P 31. 

6 Id. P 31. 
Docket No. RM01-8-012 - 3 - 

software and guidance posted and available from the Commission website. This obviates 

the need to revise 18 CFR 35.10b to implement revisions to the software and guidance. 

4. Since issuing Order No. 2001, the Commission has provided guidance and refined 

the reporting requirements, as necessary, to simplify the filing requirements and to reflect 

changes in the Commission’s regulations.7

 For instance, in 2007 the Commission 

adopted an Electric Quarterly Report Data Dictionary, which provides in one document 

the definitions of certain terms and values used in filing EQR data.8

 Moreover, in 2007, 

the Commission required transmission capacity reassignment to be reported in the EQR.9

 

The refinements to the existing EQR requirements proposed in this NOPR build upon the 

Commission’s prior improvements to the reporting requirements and enhance the goals of 

providing greater price transparency, promoting competition, instilling confidence in the 

fairness of the markets, and providing a better means to detect and discourage 

discriminatory and manipulative practices. 

 7 See, e.g., Revised Public Utility Filing Requirements for Electric Quarterly 

Reports, 124 FERC ¶ 61,244 (2008) (providing guidance on the filing of information on 

transmission capacity reassignments in EQRs); Notice of Electric Quarterly Reports 

Technical Conference, 73 FR 2477 (Jan. 15, 2008) (announcing a technical conference to 

discuss changes associated with the EQR Data Dictionary). 

8

 Order No. 2001-G, 120 FERC ¶ 61,270. 

9 Preventing Undue Discrimination and Preference in Transmission Service,

Order No. 890, 72 FR 12266 (Mar. 15, 2007), FERC Stats. & Regs. ¶ 31,241, at P 817, 

order on reh'g, Order No. 890-A, 73 FR 2984 (Jan. 16, 2008), FERC Stats. & Regs. 

¶ 31,261 (2007), order on reh'g and clarification, Order No. 890-B, 73 FR 39092 

(July 8, 2008), 123 FERC ¶ 61,299 (2008), order on reh’g, Order No. 890-C, 74 

FR 12540 (March 25, 2009), 126 FERC ¶ 61,228 (2009), order on clarification, Order 

No. 890-D, 74 FR 61511 (Nov. 25, 2009), 129 FERC ¶ 61,126. 
Docket No. RM01-8-012 - 4 - 

B. Docket No. EL10-71-000 

5. In an order issued on February 16, 2012, addressing a petition for declaratory 

order filed by Puget Sound Energy, Inc. (Puget), the Commission expressed concerns that 

certain “simultaneous exchange” transactions may resemble transmission service because 

they involve a party placing power onto the power grid at one delivery point and then 

simultaneously receiving power at another delivery point.10 The Commission defined 

simultaneous exchanges as: 

Simultaneous exchanges occur when a pair of simultaneously arranged (i.e., part 

of the same negotiations) wholesale power transactions between the same 

counterparties in which party A sells an electricity product to party B at one 

location and party B sells a similar electricity product to party A at a different 

location have an overlapping delivery period. The simultaneous exchange is the 

overlapping portion (both in volume and delivery period) of these wholesale 

power transactions.11 

In addressing Puget’s petition, the Commission determined that when a simultaneous 

exchange transaction involves the marketing function of a public utility transmission 

provider, the public utility must seek prior approval from the Commission if the 

transaction involves its affiliated transmission provider’s system.12 The Commission 

concluded that all other simultaneous exchange transactions do not require prior 

Commission approval beyond the necessary authorization under section 205 of the 

 10 Puget Sound Energy, Inc., 138 FERC ¶ 61,121, at P 13 (2012). 

11 Id. P 12. 

12 Id. P 1. 
Docket No. RM01-8-012 - 5 - 

Federal Power Act for the sale for resale of electric energy.13 However, due to general 

concerns regarding the potential for simultaneous exchanges to provide what amounts to 

transmission service without the reservation of service on the transmission system, the 

Commission stated that it would consider ways to enhance the transparency of these 

arrangements, including potential modifications to the EQR reporting requirements.14

II. Discussion

A. Reporting of Product Name

6. The Commission proposes to add the Product Name “Simultaneous Exchange” to 

the EQR Data Dictionary and to require all EQR filers to use this term, when appropriate, 

in the Contract Data section and the Transaction Data section. The Commission will 

define “Simultaneous Exchange” in the EQR Data Dictionary as follows: 

Simultaneous exchanges occur when a pair of simultaneously arranged (i.e., part 

of the same negotiations) wholesale power transactions between the same 

counterparties in which party A sells an electricity product to party B at one 

location and party B sells a similar electricity product to party A at a different 

location have an overlapping delivery period. The simultaneous exchange is the 

overlapping portion (both in volume and delivery period) of these wholesale 

power transactions. 

7. EQR filers engaging in simultaneous exchange transactions must report each 

transaction as a “Simultaneous Exchange” in the Transaction Data section. In the 

Contract Data section, appropriate reporting of these transactions depends on the 

contractual arrangement that governs the particular simultaneous exchange. If an EQR 

 13 Id. 

14 Id. P 16. 
Docket No. RM01-8-012 - 6 - 

filer engages in simultaneous exchange arrangements under a general power sales 

contract, the EQR filer would not identify such general power sales agreements as 

“Simultaneous Exchange” in the Contract Data section, but rather the specific 

simultaneous exchange arrangements under such power sales contracts would be reported 

in the Transaction Data section. However, if an EQR filer enters into a contract that 

specifically sets forth the terms for simultaneous exchange arrangements, the EQR filer 

would categorize the contract product as “Simultaneous Exchange” in the Contract Data 

section. 

8. Adding “Simultaneous Exchange” to the list of Product Names in the EQR Data 

Dictionary will enhance transparency in energy markets. The Commission understands 

that simultaneous exchanges occur in both organized and unorganized energy markets. 

These transactions are complicated and varied. Simultaneous exchanges may be 

executed through short-term or long-term contracts; may be arranged day-ahead, many 

months in advance or in real-time; and may range in size. The Commission is generally 

concerned that the complexity of simultaneous exchanges may obscure the true nature of 

these transactions, and may enable market participants to circumvent market rules. Thus, 

in order to enhance transparency, the Commission believes it is important that EQR filers 

report simultaneous exchanges in the EQR. 

B. Reporting of Overlapping Transactions 

9. As described above, a simultaneous exchange occurs when a pair of wholesale 

power transactions between the same counterparties is arranged as part of the same 

negotiations, and involves overlapping volumes of power purchased and sold and 
Docket No. RM01-8-012 - 7 - 

overlapping delivery periods for the power purchased and sold. Only the overlapping 

portion of a simultaneous exchange transaction should be reported as a simultaneous 

exchange. The non-overlapping portions of the arrangements should be reported in a 

separate entry as a power sale. Below are two examples of how to report a simultaneous 

exchange transaction involving two power sales involving overlapping volumes of power 

sold and overlapping periods for the power sold. 

EXAMPLE A 

Transactions: Party A sells 100 MWh to Party B from 1:00 p.m. to 2:00 p.m. at point X. 

 Party B sells 50 MWh to Party A from 1:00 p.m. to 2:00 p.m. at point Y.

Illustration of the Transactions As Reported in EQR 

50 MWh[1] 

Party A  Party B 

at point X 

50 MWh[2]

Party B  Party A 

at point Y 50 MWh[2]

Hour 1:00 p.m. 2:00 p.m.

Power Sale 

Simultaneous Exchange 

There are 2 separate transactions in this scenario that must be reported in the EQR (as 

indicated in the graphic). 

1.) Party A will report a power sale of 50 MWh to Party B from 1:00 p.m. to 2:00 

p.m. 

 
Docket No. RM01-8-012 - 8 - 

2.) Parties A and B will each report a simultaneous exchange of 50 MWh from 1:00 

p.m. to 2:00 p.m. at points X and Y.15

EXAMPLE B 

Transactions: Party A sells 50 MWh to Party B for every hour from 1:00 p.m. to 3:00 

p.m. at point X. Party B sells 50 MWh to Party A for every hour from 2:00 p.m. to 4:00 

p.m.

Illustration of the Transactions As Reported in EQR 

Party A  Party B 

at point X 50 MWh[1] 50 MWh[2]

Party B  Party A 

at point Y 50 MWh[2] 50 MWh[3] 

Hour 1:00 p.m. 2:00 p.m. 2:00 p.m. 3:00 p.m. 3:00 p.m. 4:00 p.m.

Power Sale 

Simultaneous Exchange 

There are 3 separate transactions in this scenario that must be reported in the EQR (as 

indicated in the graphic). 

1.) Party A will report a power sale of 50 MWh to Party B from 1:00 p.m. to 2:00 

p.m. 

2.) Parties A and B will each report a simultaneous exchange of 50 MWh from 2:00 

p.m. to 3:00 p.m. at points X and Y.16

3.) Party B will report a power sale of 50 MWh to Party A from 3:00 p.m. to 4:00 

p.m. 

 15 This assumes that both parties A and B are entities that are required to file EQR 

reports under the Commission’s regulations. See 18 CFR § 35.10b (2011).

16 This assumes that both parties A and B are entities that are required to file EQR 

reports under the Commission’s regulations. See 18 CFR § 35.10b (2011).
Docket No. RM01-8-012 - 9 - 

C. Price Reporting of Simultaneous Exchanges

10. The Commission proposes that parties reporting simultaneous exchange 

transactions report the price spread for these transactions, rather than the price assigned 

by the parties of the individual power sales that make up the simultaneous exchange.17 

The Commission proposes that the price spread be listed in the Price column (Field #64) 

and be reported as the net price that the filing entity receives per MWh for the overall 

simultaneous exchange position.18 A simple example of determining a price spread is 

given below: 

Company A and Company B enter into a simultaneous exchange transaction 

that involves Company A selling 100 MWh to Company B at $100/MWh and 

Company B selling 100 MWh back to Company A for $110/MWh. This 

transaction does not include any other credits or compensation as part of 

settlement for the simultaneous exchange. The price spread for this transaction 

would therefore be $10/MWh. Company A would report the price for this 

simultaneous exchange transaction as -$10/MWh (because it makes a net 

payment of $10 per MWh), and Company B would report the price for this 

locational exchange transaction as +$10/MWh (because it receives a net 

payment of $10 per MWh). 

11. The Commission proposes the adoption of the price spread reporting requirement 

to provide necessary transparency. For the parties to a simultaneous exchange 

 17 In a simultaneous exchange, a party sells power at one point in return for power 

at another point. Under current EQR rules, a company reports a “sale price” for the point 

in which it makes a power sale. The proposed rules for reporting prices are consistent 

with this existing policy in that they treat each filer as a net “seller,” with net buyers 

reporting a negative price spread. 

18 There may be transactions in which credits or compensation other than the 

nominal prices are negotiated as part of the simultaneous exchange. In such cases, all 

relevant compensation should be included in the determination of the price spread. 
Docket No. RM01-8-012 - 10 - 

transaction, prices assigned to the power at either point in the transaction (if applicable) 

do not necessarily represent the economic values of the power being exchanged at those 

points. Such prices are merely nominal, since the parties know that any price at one 

location is partially offset by the price at the other location. In such cases, the nominal 

prices may be meaningless, and the relevant value of the transaction is the price spread, 

i.e., the difference between the prices at the points in a simultaneous exchange.19 

Moreover, in some transactions, parties may not assign nominal prices to the power at 

either point in the simultaneous exchange and may simply negotiate a price spread that 

applies to the simultaneous exchange. Thus, to ensure the presence of meaningful price 

information in EQR, the Commission proposes to adopt the requirement that EQR filers 

report the price spread of each simultaneous exchange. 

D. Special Reporting Requirement for Simultaneous Exchange

Transactions

12. Because simultaneous exchange transactions involve simultaneously-arranged 

overlapping power sales, both the point of delivery and the point of receipt are relevant 

information that should be reported in the EQR. Thus, the Commission proposes to 

require each party entering into a simultaneous exchange to report both the point of 

delivery and the point of receipt associated with the simultaneous exchange transaction. 

 19 In a simultaneous exchange, the parties may be indifferent to the market price 

assigned to each point of the exchange. Thus, an exchange in which the power at point A 

is assigned a price of $10 and the power at point B is assigned a price of $12 is 

economically the same to the parties as an exchange where the power at point A is 

assigned a price of $20 and the power at point B is assigned a price of $22. 
Docket No. RM01-8-012 - 11 - 

13. To implement this special reporting requirement, the Commission proposes to add 

a “Simultaneous Exchange” selection (SIMX) to the Point of Delivery Balancing 

Authority field (Field #56) in the Transaction Data section of the EQR. After selecting 

Simultaneous Exchange in the Product field (Field #62), EQR filers must select 

Simultaneous Exchange (SIMX) in Field #56 to ensure that Point of Delivery Specific 

Location field (Field #57) allows for unrestricted text. In Field #57,20 the entity reporting 

the transaction should specify the points of both receipt and delivery. The proposed 

reporting conventions are described and illustrated in Appendix B. If no specific 

reporting requirement is indicated for a particular field in Appendix B, the general 

reporting requirements associated with the EQR Data Dictionary apply. 

III. Information Collection Statement

14. The Office of Management and Budget (OMB) regulations require approval of 

certain information collection requirements imposed by agency rules.21 Upon approval 

of a collection of information, OMB will assign an OMB control number and an 

expiration date. Respondents subject to the filing requirements of an agency rule w

be penalized for failing to respond to these collections of information unless the 

collections of information display a valid OMB control number. The Paperwork 

ill not 

 20 EQR filers must select Simultaneous Exchange (SIMX) in Field #56 to ensure 

that Field #57 allows for unrestricted text. 

21 5 CFR 1320.8. 
Docket No. RM01-8-012 - 12 - 

Reduction Act (PRA)22 requires each federal agency to seek and obtain OMB ap

before undertaking a collection of information directed to ten or more persons or 

contained in a rule of general applicability or addressed to all or a substantial majority of 

proval 

the 

s 

lity, 

inimizing respondents’ burden, including the use of automated information 

rting 

Burden and cost26 related to the proposed rule in Docket RM01-8-012 follows.

 

an industry.23

15. The following collection of information contained in this Proposed Rule is subject 

to review by the Office of Management and Budget (OMB) under section 3507(d) of 

Paperwork Reduction Act of 1995.24 OMB’s regulations require approval of certain 

information collection requirements imposed by agency rules.25 The Commission solicit

comments on the Commission’s need for this information, whether the information will 

have practical utility, the accuracy of the burden estimates, ways to enhance the qua

utility, and clarity of the information to be collected or retained, and any suggested 

methods for m

techniques. 

16. The Commission’s estimate of the additional average annual Public Repo

 22 44 U.S.C. 3501-3520. 

23 OMB’s regulations at 5 CFR 1320.3(c)(4) require that “Any recordkeeping, 

reporting, or disclosure requirement contained in a rule of general applicability is deemed 

to invo Any collection of information addressed to all or a 

substan s presumed to involve ten or more persons.” 

or purposes of calculating the annual average, the implementation burden and 

(continued...) 

lve ten or more persons”, or “

tial majority of an industry i

24 44 U.S.C. 3507(d) (2006). 

25 5 C.F.R. 1320.11 (2010). 

26 F
Docket No. RM01-8-012 - 13 - 

Implemeting Burden 

Recurring Operating 

Burden 

Average Annual 

Burden 

(implementing cost 

averaged over 3 

years) 

 

Number of 

Respondents 

Per Year 

Number of 

Responses 

Per Year 

Burden 

Hours Per 

Respondent 

Cost Per 

Respondent 

Burden 

Hours Per 

Respondent 

Cost Per 

Respondent 

Burden 

Hours Cost 

 

Current 

Respondents 1,143 4 

 

Estimated 

Respondents 

Affected by 

Proposed 

Rule 46 4 10 $69/hour 0.5 $69/hour 245.33 $16,927.77 

17. In calculating the number of respondents per year, the Commission looked at only 

those respondents that reported transactions during 2011. There were 1,143 respondents 

that filed transaction data in the EQR in 2011; therefore, the Commission proposes to use 

1,143 as the total number of respondents. Although the Commission estimates the total 

number of current respondents to be 1,143, this figure overstates the number of corporate 

families filing the EQR because some of the filings were made separately by affiliates 

from the same company. For instance, of the 1,143 unique respondent names, 72 were 

affiliates of NextEra Energy. This trend is common among EQR filers. 

18. The Commission recognizes that there will be an increased burden involved in the 

initial implementation associated with filing simultaneous exchange transactions in the 

EQR. This burden may include modifying the utility’s software to capture the transaction 

data from the utility’s internal computer systems and to place that data into a format that 

 

cost have been averaged, spread over the 3-year period, and added to the recurring burden 

and cost. 
Docket No. RM01-8-012 - 14 - 

captures the new product name “Simultaneous Exchanges” and associated data as 

required by this order. It is difficult to estimate how many parties use simultaneous 

exchanges. However, we believe that many parties currently report their simultaneous

exchanges using the existing Product Name “Exchange.” Of the 1,143 respondents th

filed transaction data in 2011, 21 respondents (or approximately 2 percent of the total 

respondents) filed transaction data using the Product Name “Exchange.” With such a 

small portion of the population of respondents using the current “Exchange” Produ

Name, we estimate that fewer than the 1,143 respondents will be affected if the 

Product Name were adopted. In an effort to provide a fair estimate, we will assume 

the percentage of affected respondents will be twice the current 2 percent that are 

reporting exchange transactions

at 

ct 

proposed 

that 

 in the EQR. We estimate that 4 percent of the 

ount for the required 

 existing 

uirements of filing EQRs. With the additional proposed Product Name, we 

estimate that filers’ recurring burden will increase by 0.5 hours. 

Cost to Comply

respondents, or 46 respondents, will be affected by the proposed change. For these 

estimated 46 respondents, we estimate that the additional data requirement will involve 

an initial burden of 10 hours. 

19. For the recurring effort involved in filing the EQR each subsequent quarter, we 

anticipate that the burden will be minimal, particularly as filing transaction data will be 

automated for companies that have designed their systems to acc

format. We have estimated that current filers spend about 16 hours to meet the

recurring req

: The Commission has projected the cost of compliance to be 

$16,927.77. 
Docket No. RM01-8-012 - 15 - 

Total Annual Hours for Collection 245.33 hours @ $69 an hour27 = $16,927.77 

Average cost per entity 16,927.77 / 46 = $368 (rounded) 

Title: FERC-516, Electric Rate Schedules and Tariff Filings 

Action: Proposed Modification to Existing Collection. 

OMB Control No. 1902-0096 

Respondents for this Rulemaking: Businesses or other for profit and/or not-for-profit 

institutions. 

Frequency of Information: As indicated in the table. 

Necessity of Information: The Commission is proposing to revise the EQR Data 

Dictionary to add “Simultaneous Exchange” to the list of available Product Names in the 

EQR. This proposal would allow for greater transparency in wholesale electricity 

markets through a greater understanding of these complex exchange transactions. The 

Commission is generally concerned that the complexity of simultaneous exchanges may 

obscure the true nature of these transactions, and may enable market participants to 

circumvent market rules. Thus, in order to enhance transparency, the Commission 

believes it is important that EQR filers report simultaneous exchanges in the EQR. 

Internal Review: The Commission has reviewed the proposed changes and has 

 27 It is assumed that this collection of information requires some effort from many 

types of employees. Therefore, the Commission is using an estimate that is derived from 

an average FERC employee cost (wages plus benefits), which includes analysts, 

managers, attorneys, administrative staff, and others. This methodology assumes that 

respondent entities employee costs are similar to FERC employee costs. 
Docket No. RM01-8-012 - 16 - 

determined that the changes are necessary. These requirements conform to the 

Commission’s need for efficient information collection, communication, and 

management within the energy industry. The Commission has assured itself, by means of 

internal review, that there is specific, objective support for the burden estimates 

associated with the information collection requirements. 

20. Interested persons may obtain information on the reporting requirements by 

contacting the following: Federal Energy Regulatory Commission, 888 First Street, NE, 

Washington, DC 20426 [Attention: Ellen Brown, Office of the Executive Director], 

e-mail: DataClearance@ferc.gov, Phone: (202) 502-8663, fax: (202) 273-0873. 

21. Comments on the collections of information and the associated burden estimates 

in the proposed rule should be sent to the Commission in this docket and may also be sent 

to the Office of Information and Regulatory Affairs, Office of Management and Budget, 

Washington DC 20503 [Attention: Desk Officer for the Federal Energy Regulatory 

Commission]. For security reasons, comments to OMB should be submitted by e-mail 

to: oira_submission@omb.eop.gov. Comments submitted to OMB should include 

Docket Number RM01-8-012 and OMB Control Number 1902-0096. 

IV. Environmental Analysis

22. The Commission is required to prepare an Environmental Assessment or an 

Environmental Impact Statement for any action that may have a significant adverse effect 
Docket No. RM01-8-012 - 17 - 

on the human environment.28 The actions taken here fall within categorical exclusions in 

the Commission’s regulations for information gathering, analysis, and dissemination.29 

Therefore, an environmental assessment is unnecessary and has not been prepared in this 

rulemaking. 

V. Regulatory Flexibility Act 

23. The Regulatory Flexibility Act of 1980 (RFA)30 generally requires a description 

and analysis of final rules that will have significant economic impact on a substantial 

number of small entities. The RFA mandates consideration of regulatory alternatives that 

accomplish the stated objectives of a proposed rule and that minimize any significant 

economic impact on a substantial number of small entities. The Small Business 

Administration’s (SBA) Office of Size Standards develops the numerical definition of a 

small business.31 The SBA has established a size standard for electric utilities, stating 

that a firm is small if, including its affiliates, it is primarily engaged in the transmission, 

generation and/or distribution of electric energy for sale and its total electric output for 

the preceding twelve months did not exceed four million megawatt hours.32 

 28 Regulations Implementing the National Environmental Policy Act, Order 

No. 486, FERC Stats. & Regs. ¶ 30,783 (1987). 

29 18 CFR 380.4(a)(5). 

30 5 U.S.C. 601-612. 

31 13 CFR 121.101. 

32 13 CFR 121.201, Sector 22, Utilities & n.1. 
Docket No. RM01-8-012 - 18 - 

24. Since the proposed change may affect small entities that file the EQR, the EIA 

Form 861 was analyzed to determine the potential impact on these filers. Based on EIA 

data, 198 public utilities reported wholesale sales in the Form 861. Of those 198 entities, 

56 entities reported a combined total of wholesale and retail sales of less than 4 million 

MWh. The Commission expects that fewer than the identified 56 entities will be 

impacted by this proposed rule. While this may be a substantial number, the direct, 

economic cost is estimated at $368 per entity. The Commission does not consider this a 

significant impact. Furthermore, those small entities that may be impacted may have IT 

systems that are capturing the necessary information and no modifications to those 

systems may be necessary. Finally, we note that public utilities may request, on an 

individual basis, waiver from the EQR reporting requirements.33 

25. Based on the above, the Commission certifies this rule will not have a significant 

economic impact on a substantial number of small entities, and therefore no initial 

regulatory flexibility analysis is required. 

VI. Comment Procedures

26. The Commission invites interested persons to submit comments on the matters and 

issues proposed in this notice to be adopted, including any related matters or alternative 

proposals that commenters may wish to discuss. Comments are due 60 days from 

 33 The Commission has granted requests for waiver of the EQR filing 

requirements. See Bridger Valley Elect. Assoc., Inc., 101 FERC ¶ 61,146 (2002). 

Entities with a waiver will continue to have a waiver and will not need to file a new 

request for waiver. 
Docket No. RM01-8-012 - 19 - 

publication in the Federal Register. Comments must refer to Docket No. RM10-12-000, 

and must include the commenter's name, the organization they represent, if applicable, 

and their address in their comments. 

27. The Commission encourages comments to be filed electronically via the eFiling 

link on the Commission's web site at http://www.ferc.gov. The Commission accepts 

most standard word processing formats. Documents created electronically using word 

processing software should be filed in native applications or print-to-PDF format and not 

in a scanned format. Commenters filing electronically do not need to make a paper 

filing. 

28. Commenters that are not able to file comments electronically must send an 

original and 14 copies of their comments to: Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First Street NE, Washington, DC 20426. 

29. All comments will be placed in the Commission's public files and may be viewed, 

printed, or downloaded remotely as described in the Document Availability section 

below. Commenters on this proposal are not required to serve copies of their comments 

on other commenters. 

VII. Document Availability

30. In addition to publishing the full text of this document in the Federal Register, the 

Commission provides all interested persons an opportunity to view and/or print the 

contents of this document via the Internet through FERC's Home Page 

(http://www.ferc.gov) and in FERC's Public Reference Room during normal business 
Docket No. RM01-8-012 - 20 - 

hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street, NE, Room 2A, 

Washington, DC 20426. 

31. From FERC's Home Page on the Internet, this information is available on 

eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft 

Word format for viewing, printing, and/or downloading. To access this document in 

eLibrary, type the docket number excluding the last three digits of this document in the 

docket number field. User assistance is available for eLibrary and the FERC’s website 

during normal business hours from FERC Online Support at (202) 502-6652 (toll free at 

1-866-208-3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room 

at (202) 502-8371, TTY (202) 502-8659. E-mail the Public Reference Room at 

public.referenceroom@ferc.gov. 

By direction of the Commission. 

( S E A L ) 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 
Docket No. RM01-8-012 - 21 - 

Appendix A: Proposed Addition to Existing EQR Product Names 

Product Name 

Contract 

Product 

Transaction 

Product Definition 

SIMULTANEOUS 

EXCHANGE  

Simultaneous exchanges occur 

when a pair of simultaneously 

arranged (i.e., part of the same 

negotiations) wholesale power 

transactions between the same 

counterparties in which party A 

sells an electricity product to party 

B at one location and party B sells 

a similar electricity product to 

party A at a different location 

have an overlapping delivery 

period. The simultaneous 

exchange is the overlapping 

portion (both in volume and 

delivery period) of these 

wholesale power transactions. 
Docket No. RM01-8-012 - 22 - 

Appendix B: Proposed Special Conventions for Reporting Simultaneous Exchange 

Transactions 

The Example column is meant for illustrative purposes only and may not reflect the 

actual data to be submitted. 

Field No. Field Name Special Conventions Example 

46 Transaction Unique ID T1 

47 Seller Company Name Reporting EQR seller Company A 

48 Customer Company Name

Counterparty in the simultaneous 

exchange Company B 

49 Customer DUNS Number 485948157 

50 FERC Tariff Reference 

FERC Electric Tariff 

Original Volume No. 1

51 

Contract Service 

Agreement ID SE-34 

52 

Transaction Unique 

Identifier SE-01122012 

53 Transaction Begin Date 

Begin Date/Time of overlapping 

transaction. 201201120600 

54 Transaction End Date 

End Date/Time of overlapping 

transaction. 201201120800 

55 Time Zone MS 

56 

Point of Delivery 

Balancing Authority 

List “SIMX” to represent 

simultaneous exchange. SIMX 

57 

Point of Delivery Specific 

Location 

Indicate the receipt point first with 

the entry “R:” Then enter a space 

followed by the four letter 

abbreviation for the balancing 

authority of the filer’s receipt point 

followed by a dash (-) and the 

specific location for the receipt 

point. Then enter a slash (“/”) to 

separate the receipt and delivery 

point information. Then indicate 

the filer’s delivery point with the 

entry “D:” Then enter the four 

letter abbreviation of the balancing 

authority for the seller’s delivery 

point, followed by a dash (-) and 

the specific location for the 

delivery point. R: PACE-Bonanza/D: 

PACE-Mona 
Docket No. RM01-8-012 - 23 - 

58 Class Name NF 

59 Term Name ST 

60 Increment Name H 

61 Increment Peaking Name OP 

62 Product Name 

List “SIMULTANEOUS 

EXCHANGE” Product Name. 

SIMULTANEOUS 

EXCHANGE 

63 Transaction Quantity 

List the amount delivered by the 

Seller Company. 50 

64 Price 

List the price spread representing 

the amount of net compensation 

that the filing party received for 

the simultaneous exchange. -10.00 

65 Rate Units $/MWH 

66 

Total Transmission 

Charge 0 

67 Total Transaction Charge -500