On April 18, 2013, the Commission denied the requests for rehearing and granted certain requests for clarification of its September 21, 2012 Final Rule in Order No. 768 to require non-jurisdictional utilities with more than a de minimis market presence to file Electric Quarterly Reports (EQRs). The Commission reiterated that the third quarter 2013 filings for such utilities will provide data for the period July 1, 2013 through September 30, 2013, and are due by October 31, 2013. Among the issues discussed in the Order on Rehearing include calculating the de minimis market presence for non-jurisdictional utilities, the e-Tag ID requirement, and the reporting of sales made to RTOs and ISOs.

Requests for Rehearing

Calculating the De Minimis Market Presence

In Order No. 768, the Commission stated it would exempt under the de minimis market presence threshold a non-jurisdictional utility that makes 4 million MWh or less of annual wholesale sales (based on the average of the wholesale sales it made in the preceding three years). The order also determined that certain types of wholesale sales made by non-jurisdictional utilities did not need to be reported in the EQR, including sales by a non-public utility cooperative to its members.

In this Order on Rehearing, the Commission rejected requests for the Commission to exclude non-jurisdictional utility cooperative sales to their members from the calculation of the de minimis market presence threshold. However, the Commission indicated that non-jurisdictional utilities may individually request a waiver from the EQR reporting requirements. Such requests for waiver will be considered by the Commission on a case-by-case basis.

The E-Tag ID Requirement

The Commission confirmed its decision in a prior order that EQR filers do not need to begin including e-Tag data in EQRs filed for the third quarter of 2013. The order noted that this partial extension will allow the Commission more time to assess the benefits and burdens associated with market participants linking e-Tag information and transactions in the EQR.

Reporting Sales Made to RTOs and ISOs

The Commission will continue to require the entities making wholesale sales, including sales to the RTO/ISO or through the RTO/ISO markets, to report such sales in their EQR, rather than requiring the RTO or ISO to report those sales. This requirement extends to non-jurisdictional utilities above the de minimis threshold. RTOs and ISOs may file power sales transaction information on behalf of a member or participant as an agent, if authorized by the member or participant to do so.

Requests for Clarification

Software Revisions to the Current EQR System

The Commission clarified that it does not plan to collect EQR information from non-jurisdictional utilities until after the Commission has implemented the new EQR software. The Commission also plans to transcribe EQR technical conferences and make them available via webcast.

Trade Date

With respect to instances where the price is amended subsequent to the initial contract execution date, the Commission clarified that parties should report the Trade Date as the date they agreed to the subsequent price change.

With respect to the proper Trade Date for a sale to an RTO or ISO, the correct Trade Date for a day-ahead sale to an RTO or ISO is the day before the power flowed; the proper trade date for a real-time energy sale is the day the power flowed.

Type of Rate

The Commission clarified several terms related to the type of rate which it stated would be included in the EQR Data Dictionary. A revised version of the EQR Data Dictionary is provided at the end of the Commission's Order on Rehearing and can be accessed here.

Standardization of Units

The Commission explained that a capacity rate based on a MW-year basis can be divided by 12 to get an appropriate MW-month rate, regardless of the number of days in the month.

EQR Data Dictionary

The Commission outlined several changes that would be made to the EQR Data Dictionary, which can be accessed using the link above.