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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations data fields will ensure that the relational database does not automatically make these Sellers affiliates of each other under 35.36a9iv,37 consistent with NextEra.38
21. Furthermore, this order does not make any new determinations regarding affiliation; rather, it implements the technical components necessary to ensure the relational database functions as contemplated in NextEra and Order Nos. 860 and 860A.39 Requests for the Commission to not move forward with these proposals are collateral attacks on those orders.40 As such, we decline to reconsider the Commissions determination to require Sellers to report certain ultimate upstream affiliates.
22. In addition, we decline to adopt a number of the suggestions proposed by EEI and EPSA, as well as their proposed edits to MBR Data Dictionary.
EEI and EPSA argue that a single field, Asset_Appendix_Reportable_Entity, should link affiliated Sellers for purposes of generating the asset appendix to simplify submittals in the relational database. However, we find that EEI and EPSA misunderstand the purpose of the Reportable_Entity_ID
field in this respect. The Reportable_
Entity_ID field is intended for Sellers to report their ultimate upstream affiliates.41 We believe that shifting this reporting obligation to a different field would, in certain circumstances, change the information submitted and obfuscate a Sellers ultimate upstream affiliate.
The three additional data fields we are adopting in this order minimize the burden on all Sellers because these fields apply to only Sellers whose securities have been acquired or whose upstream affiliates securities have been acquired by an ultimate upstream affiliate pursuant to a section 203a2
blanket authorization. As EEI and EPSA
note, thousands of Sellers will not have to change how they submit information into the relational database with the Commissions changes adopted herein.
Because the Reportable_Entity_ID field is where all Sellers must report their ultimate upstream affiliates, we find that it is less burdensome to keep the 37 18

CFR 35.36a9iv.
174 FERC 61,213 at P 52.
39 Id. P 56; Order No. 860A, 170 FERC 61,129
at P 11; Order No. 860, 168 FERC 61,039 at PP
121, 126127, 129.
40 We note that Commissioner Danlys dissent also raises concerns regarding the value of reporting ultimate upstream affiliates where those entities have received section 203a2 blanket authorization.
41 18 CFR 35.36a10.

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field limited to reporting only ultimate upstream affiliates under 35.36a10.
23. As to the use of the term utility in the data fields, we note that the Commission has defined utility to mean transmitting utilities, electric utility companies, or holding company systems containing such entities, as those terms have been used in section 203a2 blanket authorization orders.42
We find that continuing to use utility in this manner is consistent with how that term has also been used in section 203a2 blanket authorization orders.43
24. In addition, we appreciate EEIs and EPSAs concerns that the relational database is a complex system and that potential confusion may exist about how the adopted fields will be used when auto-generating asset appendices.
Based on these concerns, we agree that certain clarifications to the MBR Data Dictionary will help to alleviate confusion regarding the relational database. Specifically, we have updated the descriptions of the Reportable_
Entity_ID, Blanket_Auth_Docket_
Number, Utility_ID_Type_CD, and Utility_ID fields to clarify how the system constructs relationships for the auto-generated asset appendices.44 We have also added clarifying descriptions for the relationship_start_date and relationship_end_date fields.
25. Finally, we also appreciate EEIs and EPSAs concerns that the software that Sellers rely on for their XML
submissions will need to be updated to incorporate these revisions. For a stepby-step example of how to comply with these revisions, we direct Sellers to the MBR Quick Start Guide, which can be found on the Commissions website.45
III. Information Collection Statement 26. The information collection requirements contained in this order are subject to review by the Office of Management and Budget OMB under section 3507d of the Paperwork Reduction Act of 1995.46 OMBs regulations require approval of certain information collection requirements imposed by agency rules including 42 See
supra note 5.
note that, in many section 203a2 blanket authorization orders, the Commission has used the term U.S. Traded Utility to mean transmitting utilities, electric utility companies, or holding company systems containing such entities being acquired pursuant to section 203a2 blanket authorization orders. Utility, as used here, has the same meaning as U.S. Traded Utility used in section 203a2 blanket authorization orders.
44 See appendix A.
45 Federal Energy Regulatory Commission, Market-Based Rate Quick Start Guide August 2021, https mbrwebsat.ferc.gov/MbrHelpLinks/
DownLoadFiles/Quick%20Start%20Guide.
46 44 U.S.C. 3507d.
43 We
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reporting, record keeping, and public disclosure requirements.47 Upon approval of a collection of information, OMB will assign an OMB control number and expiration date.
Respondents subject to the filing requirements of this rule will not be penalized for failing to respond to the collection of information unless the collection of information displays a valid OMB control number. The following discussion describes and analyzes the collection of information to be revised by this order.
27. All burden estimates for the proposed information collection are discussed in this order. These provisions would affect the following information: FERC919A, Refinements to Policies and Procedures for Market Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities OMB
Control No. 19020317.
28. Interested persons may obtain information on the reporting requirements by contacting Ellen Brown, Office of the Executive Director, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426 via email DataClearance@
ferc.gov or telephone 202 5028663.
29. Send written comments on FERC
919A to the Office of Management and Budget OMB through www.reginfo.gov/public/do/PRAMain, Attention: Federal Energy Regulatory Commission Desk Officer. Please identify the OMB control number 19020317 in the subject line. Your comments should be sent within 30
days of publication of this notice in the Federal Register. OMB submissions must be formatted and filed in accordance with submission guidelines at www.reginfo.gov/public/do/PRAMain.
Using the search function under the Currently Under Review field, select Federal Energy Regulatory Commission;
click submit and select comment to the right of the subject collection.
30. These revisions affect Sellers that have ultimate upstream affiliates that own their voting securities pursuant to section 203a2 blanket authorizations.
Sellers continue to be required to report institutional investors who own 10% or more of their voting shares pursuant to section 203a2 blanket authorizations as their reportable ultimate upstream affiliate in the relational database.
However, these revisions also require these Sellers to identify their upstream affiliates whose securities have been acquired, 10% or more, pursuant to a section 203a2 blanket authorization.
This requirement includes submitting, 47 5

CFR 1320.

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