FERC Moves To Revoke MBR Authority Of Numerous Retail Suppliers For Alleged Failure To Update Baseline Submission, Affiliate Database

FERC has issued a notice proposing to revoke the electricity market-based rate authority of over 100 entities -- including numerous retail suppliers and marketers -- for their alleged failure to file an updated baseline tariff and relational database due to new reporting requirements concerning affiliates

In Order No. 860 (order on rehearing issued in 2020), the Commission revised certain aspects of the substance and format of the ownership information MBR sellers must submit in order to obtain or retain market-based rate authority.

Specifically, Order No. 860 requires that, as part of its market-based rate application or baseline submission, an MBR seller must identify its ultimate upstream affiliate(s) through a new relational database.

In accordance with Order No. 860, as modified by Order No. 860-A (2021), the Order Adopting Revisions to Information Collection, and the Notice of Extension of Time, each seller with a market-based rate tariff on file with the Commission was required to make a baseline submission to the market-based rate relational database by February 1, 2022.

FERC said, "Commission staff’s review of the baseline submissions to the market-based rate relational database indicates that the sellers with market-based rate authorization listed in the caption of this order failed to file their baseline submissions."

See the caption of the order listing such MBR entities whose MBR authority is subject to revocation, barring compliance within the deadline noted below, here

"This order notifies these sellers that their market-based rate authorizations will be revoked unless they comply with the Commission’s requirements within 15 days of the date of issuance of this order," FERC said