Upper Peninsula Power Co

EFFECTIVE DATE: Effective Date: This order will become effective upon publication in the Federal Register . The definitions adopted in this order shall be used in filing the Q1, 2009 EQR due on April 30, 2009 and in subsequent filings of the EQR.

FOR FURTHER INFORMATION CONTACT:

Mark Blazejowski (Technical Information), Office of Enforcement, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-6055.

Gary D. Cohen (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-8321.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff. 1. In this order, after consideration of the comments filed in response to our notices seeking comment, *1 we are revising the Electric Quarterly Report (EQR) Data Dictionary. Specifically, we are revising the EQR Data Dictionary to define and rename Field 22 of the EQR to "Commencement Date of Contract Terms," as this field is intended to be used to identify when the current terms of the reported contract became effective. This order also clarifies the information to be reported in the EQR concerning ancillary services.

*1 Revised Public Utility Filing Requirements for Electric Quarterly Reports, 73 FR 12983 (Mar. 11, 2008), FERC Stats. & Regs. [paragraph] 35,557 (2008) (EQR Ancillary Services Notice); Revised Public Utility Filing Requirements for Electric Quarterly Reports, 73 FR 30543 (May 28, 2008), FERC Stats. & Regs. [paragraph] 35,558 (2008) (Commencement Date Notice).

I. Background

A. EQRs and EQR Data Dictionary

2. On April 25, 2002, the Commission issued Order No. 2001, a final rule establishing revised public utility filing requirements. This rule requires public utilities to file EQRs summarizing specified pertinent data about their currently effective contracts (contract data) and data about wholesale power sales they made during the reporting period (transaction data). *2 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.

*2 Revised Public Utility Filing Requirements, Order No. 2001, 67 FR 31043, FERC Stats. & Regs. [paragraph] 31,127 (2002), reh'g denied, Order No. 2001-A, 100 FERC [paragraph] 61,074 (2002), reh'g denied, Order No. 2001-B, 100 FERC [paragraph] 61,342 (2002).

3. In Order No. 2001, the Commission also adopted a new section in its regulations, 18 CFR 35.10b, which requires that the EQRs are to be prepared in conformance with the Commission's software and guidance posted and available from the Commission's Web site. This provision obviates the need to revise the Commission's regulations to implement revisions to the EQR software and guidance. Since the issuance of Order No. 2001, as need has arisen, the Commission has issued orders to resolve questions raised by EQR users and has directed Staff to issue additional guidance on how to report certain transactions. *3

*3 See, e.g., Notice Providing Guidance on the Filing of Information on Transmission Capacity Reassignments in Electric Quarterly Reports, 124 FERC [paragraph] 61,244 (2008), which provided guidance on complying with the Commission's Order No. 890-B reporting requirements; Revised Public Utility Filing Requirements, Order No. 2001-E, 105 FERC [paragraph] 61,352 (2003), where the Commission standardized the terminology for control areas; and Revised Public Utility Filing Requirements, 67 FR 65973 (Oct. 29, 2002), FERC Stats. & Regs. [paragraph] 35,045 (Oct. 21, 2002), which provided general guidance for using the EQR software.

4. On September 24, 2007, the Commission issued Order No. 2001-G, adopting an EQR Data Dictionary that collected in one document the definitions of certain terms and values used in filing EQR data and providing formal definitions for fields that were previously undefined.

B. Commencement Date

5. On December 20, 2007, the Commission issued Order No. 2001-H, which addressed a pending request for rehearing and clarified the information to be reported in several EQR data fields. In Order No. 2001-H, the Commission defined Field 22 in the Contract Data section of the EQR, named "Contract Commencement Date," as:

The date the terms of the contract reported in the EQR were effective. If the terms reported in the Contract Data section of the EQR became effective or if service under those terms began on multiple dates (i.e., due to an amendment), the date to be reported as the Commencement Date is the date when service began pursuant to the most recent amendment to the terms reported in the Contract Data section of the EQR. *4

*4 Revised Public Utility Filing Requirements for Electric Quarterly Reports, Order No. 2001-H, 121 FERC [paragraph] 61,289 (2007), Data Dictionary at Field 22.

6. On February 26, 2008, the Commission held a technical conference to "review the EQR Data Dictionary and address questions from EQR users." *5

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During this technical conference, the participants discussed, among other matters, whether the Commission intended in Order No. 2001-H for the commencement date field to be used to report the date the contract terms reported in the EQR (original or amended) became effective. On April 17, 2008, in response to participants' requests, the Commission's Director, Office of Enforcement, issued a waiver, for the first quarter of 2008, of the requirement to file EQRs using the commencement date definition as clarified in Order No. 2001-H. *6 On July 9, 2008, the waiver was extended until final action is taken in this docket. *7

*5 See Notice of Electric Quarterly Reports Technical Conference, 73 FR 2477 (Jan. 15, 2008).

*6 See Edison Electric Institute, Docket Nos. RM01-8-000, RM01-8-007 and ER02-2001-000 (Apr. 17, 2008) (unpublished letter order).

*7 See Edison Electric Institute, Docket Nos. RM01-8-000, RM01-8-007 and ER02-2001-000 (July 9, 2008) (unpublished letter order).

7. On May 28, 2008, the Commission issued the Commencement Date Notice to invite comment on the issues raised in the technical conference. In addition, the Commencement Date Notice proposed defining commencement date as:

The date the terms of the contract reported in the Contract Products section of the EQR (Field Nos. 26 through 45) were effective. If the terms reported in the Contract Data section of the EQR became effective on multiple dates (i.e., due to one or more amendments), the date to be reported as the Commencement Date is the date the most recent amendment became effective. If the contract or the most recent reported amendment does not have an effective date, the date when service began pursuant to the contract or most recent reported amendment may be used. If the terms of the contract reported in the Contract Products section have not been amended since January 1, 2008, the initial date the contract became effective may be used. 8. The Commission also proposed renaming the field to "Commencement Date of Contract Terms." *8 On April 10, 2008, three entities filed timely comments on the Commencement Date Notice. *9

*8 As noted above, Field 22 has been previously titled "Contract Commencement Date."

*9 Timely comments on the Commencement Date Notice were filed by: Edison Electric Institute (EEI); Sempra Energy, Inc. (Sempra); and Occidental Power Services, Inc. (Occidental).

C. Ancillary Service Reporting

9. Order No. 888 adopted six ancillary services to be included in the open access transmission tariff (OATT): Scheduling, System Control and Dispatch (Schedule 1); Reactive Supply and Voltage Control (Schedule 2); Regulation and Frequency Response (Schedule 3); Energy Imbalance (Schedule 4); Operating Reserve--Spinning-or Spinning Reserve--(Schedule 5); and Operating Reserve-- Supplemental--or Supplemental Reserve--(Schedule 6). *10

*10 Promoting Wholesale Competition Through Open Access Non-discriminatory Transmission Services by Public Utilities; Recovery of Stranded Costs by Public Utilities and Transmitting Utilities, Order No. 888, 61 FR 21540 (May 10, 1996), FERC Stats. & Regs. [paragraph] 31,036 (1996), order on reh'g, Order No. 888-A, 62 FR 12274 (Mar. 14, 1997), FERC Stats. & Regs. [paragraph] 31,048 (1997), order on reh'g, Order No. 888-B, 81 FERC [paragraph] 61,248 (1997), order on reh'g, Order No. 888-C, 82 FERC [paragraph] 61,046 (1998), aff'd in relevant part sub nom. Transmission Access Policy Study Group v. FERC, 225 F.3d 667 (D.C. Cir. 2000) (TAPS v. FERC), aff'd sub nom. New York v. FERC, 535 U.S. 1 (2002).

10. The six ancillary services established in Order No. 888 are now offered under the Order No. 890 pro forma OATT. In Order No. 890, the Commission also adopted "generator imbalance" as a new ancillary service. *11

*11 Preventing Undue Discrimination and Preference in Transmission Service, Order No. 890, 72 FR 12266 (Mar. 15, 2007), FERC Stats. & Regs. [paragraph] 31,241, at P 668 (2007), order on reh'g, Order No. 890-A, 73 FR 2984 (Jan. 16, 2008), FERC Stats. and Regs. [paragraph] 31,261 (2007), order on reh'g, Order No. 890-B, 123 FERC [paragraph] 61,299 (2008).

11. On June 21, 2007, the Commission issued Order No. 697, a Final Rule that codified and, in certain respects, revised the Commission's standards for market-based rate authority for sales of electric energy, capacity, and ancillary services. *12 Among other matters, Order No. 697 addressed the posting and reporting requirements for third-party sellers of ancillary services at market-based rates.

*12 Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities, Order No. 697, 72 FR 39904 (July 20, 2007), FERC Stats. & Regs. [paragraph] 31,252 (2007), clarifying order, 121 FERC [paragraph] 61,260 (2007), order on reh'g, Order No. 697-A, 73 FR 25,832 (May 7, 2008), FERC Stats. & Regs. [paragraph] 31,268 (2008).

12. The matter of third-party sellers of ancillary services at market-based rates had previously been addressed in Avista Corporation, 87 FERC [paragraph] 61,223, order on reh'g, 89 FERC [paragraph] 61,136 (1999) (Avista), among other cases. Avista provided a policy that third-party ancillary service providers that could not perform a market power study would be allowed to sell ancillary services at market-based rates, under certain conditions. The authorization in Avista extended only to the following four ancillary services: Regulation Service; Energy Imbalance Service; Spinning Reserves; and Supplemental Reserves.

13. On March 3, 2008, the Commission issued the EQR Ancillary Services Notice to clarify the requirement to report third-party ancillary service transactions. The notice proposed adding the phrase "Reported for power sales and transmission-related transactions" to clarify the EQR reporting requirements with regard to Energy Imbalance, Regulation & Frequency Response, Spinning Reserve, and Supplemental Reserve--the four products identified in Avista --"to clarify that sales of these services must be reported both in the Contract and Transaction sections of the EQR." The notice also proposed to add Generator Imbalance as a Product Name in the EQR. *13 On June 27, 2008, three entities filed comments in response to the EQR Ancillary Services Notice. *14

*13 EQR Ancillary Services Notice, FERC Stats. & Regs. [paragraph] 35,557 at P 12.

*14 Timely comments on the EQR Ancillary Services Notice were filed by: EEI; California Independent System Operator Corporation (CAISO); and PJM Interconnection, L.L.C. (PJM).

II. Discussion

A. Commencement Date

1. Comments

14. CAISO states that it supports the intent of the proposed clarification of the definition of the "Contract Commencement Date" in the EQR Data Dictionary and the proposal to rename that EQR field as "Commencement Date of Contract Terms." However, CAISO is concerned that the proposed commencement date definition (Field 22) is confusing because it refers to "the Contract Data section of the EQR" in the second sentence and "the Contract Products section" elsewhere. *15 CAISO recommends that the Commission only require that entries to Field 22 be changed as a result of matters affecting the Contract Products section of the contract data and not based on any other revisions to a contract. CAISO argues that other information included in the EQR has no substantive effect on Field 22. CAISO also suggests that, rather than referring to the "Commencement Date," the definition should refer specifically to "Commencement Date of Contract Terms."

*15 EQR filers summarize their contracts in the Contract Data section of the EQR: Fields 14 through 45. Fields 14 through 20 of the Contract Data section capture the seller/customer identification information and fields 21 through 25 capture relevant contract dates such as commencement and termination dates. The Contract Products section (Fields 26 through 45) is a subset of the Contract Data section describing the various offerings under the contract such as firm and non-firm, long-term, short-term.

15. EEI's comments generally support the proposed modification. EEI, however, requests that the Commission modify the definition to make clear that if the terms of the contract reported in the Contract Products section have not been amended since January 1, 2008, the filer may, at its election, use the initial date the contract became effective (or absent an effective date the initial

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date when service began) as the contract commencement date, even if the terms of the contract reported in the Contract Products section were amended prior to January 1, 2008.

16. PJM states that the proposed commencement date definition seems to raise the possibility that an EQR filer may begin reporting a contract upon its effective date. PJM raises the concern that this conflicts with the statement in Order No. 2001 that "the requirement to file contract data and transaction data begins with the first Electric Quarterly Report filed after service commences under an agreement." *16 PJM asks that the Commission "permit public utilities to report agreements in their EQRs upon their effective dates * * * rather than when service is taken under the agreements."

*16 Order No. 2001, FERC Stats. & Regs. [paragraph] 31,127 at P 216.

2. Commission Determination

17. With regard to CAISO's comments regarding which revisions to contract terms necessitate changes to the date reported in the commencement date field, we note that, in Order No. 2001-H, the Commission stated:

There is a very real public interest in identifying when key terms of the contract were determined. As market conditions change over time, it is imperative to be able to sort the deals that occurred years ago from those that were confirmed more recently. To better understand the market conditions at the time a contract was put in place, it is necessary to document the date that key terms were established. *17

*17 Order No. 2001-H, 121 FERC [paragraph] 61,289 at P 12.

18. As discussed below, based on our consideration of the comments, the Commission concludes that additional specificity is needed to provide clarity. As an initial matter, we adopt the NOPR's proposal to change the name of Field 22 to "Commencement Date of Contract Terms." We note that several commenters filed comments supporting such a change, and no comment was filed that raised objections to this proposal.

19. In addition, as discussed below, we are also revising the definition of Field 22 to clearly delineate the contractual changes that would require a change in the date reported.

20. With regard to EEI's comments, we agree with the suggestion regarding pre-2008 amendments. In particular, EEI suggests we add the phrase "or absent an effective date the initial date when service began." We find this additional phrase further clarifies that the Commission does not intend to require filers to research contract histories to comply with its requirements for this field and, accordingly, we will adopt this proposal.

21. Second, we reject EEI's suggestion that we add the phrase "the Filer at its election may use" because we find that such a phrase would result in greater ambiguity, rather than clarity, by offering a range of options on what may be reported rather than requiring a standard by which all filers must comply. Further, the notion of inconsistent filings is contrary to the intention of the EQR Data Dictionary, which was created to reduce the range of possible interpretations for appropriate entries in the EQR. Such allowable disparities make the data less uniform and less useful.

22. Finally, we reject the EEI suggestion to add the phrase, "even if the terms of the contract reported in the Contract Products section were amended prior to January 1, 2008" because we find it redundant and subject to conflicting interpretations.

23. Accordingly, we rename Field 22 in the EQR as "Commencement Date of Contract Terms." The field is defined as:

The date the terms of the contract reported in fields 18, 23 and 25 through 45 (as defined in the data dictionary) became effective. If those terms became effective on multiple dates (i.e., due to one or more amendments), the date to be reported in this field is the date the most recent amendment became effective. If the contract or the most recent reported amendment does not have an effective date, the date when service began pursuant to the contract or most recent reported amendment may be used. If the terms reported in fields 18, 23 and 25 through 45 have not been amended since January 1, 2009, the initial date the contract became effective (or absent an effective date the initial date when service began) may be used.

24. This definition will become effective on January 1, 2009 and will be applicable for EQRs filed beginning in the first quarter of 2009. The start date for the reporting of contract amendments has been changed in the definition to January 1, 2009, to account for the effective date of the revised EQR Data Dictionary that we are adopting in this order. The limited waiver for compliance that the Commission granted on April 17, 2008 and extended on July 9, 2008 will apply to all 2008 EQRs. *18

*18 The expiration date of the limited waiver also applies to the Increment Name fields (Fields 28 and 60), for which additional time was provided to comply with Order No. 2001-G.

25. PJM is incorrect in its interpretation that the proposed commencement date definition raises the possibility that an EQR filer may begin reporting a contract upon its effective date. The commencement date definition specifies which date should be used to populate the field and does not otherwise address when a contract must first be reported in the EQR. The Commission recognizes that, logistically, it may be more convenient to begin reporting a contract upon execution. Although the requirement to file a contract in the EQR once service under that contract commences will remain in effect, the Commission neither prohibits nor discourages the earlier reporting of contracts.

B. Ancillary Service Reporting

1. Comments

26. With regard to third-party ancillary service transactions, the EQR Ancillary Services Notice proposed to add to the phrase "Reported for power sales and transmission-related transactions" to clarify the EQR reporting requirements with regard to Energy Imbalance, Regulation & Frequency Response, Spinning Reserve, and Supplemental Reserve in Appendix A (Product Names) to the EQR Data Dictionary. The notice also proposed to add the product "Generator Imbalance" in the Appendix.

27. In response to this notice, EEI filed comments arguing that ancillary services associated with transmission contracts should not be reported in the EQR. Thus, EEI suggests that the reporting requirements regarding Energy Imbalance, Regulation & Frequency Response, Spinning Reserve, and Supplemental Reserve be changed to read as follows: "For Contracts, reported if the contract provides for sale of the product. For Transactions, sales by third- party providers (i.e., non-transmission function) are reported." EEI argues that its proposed language is superior to that proposed by the Commission, because the language proposed in the EQR Ancillary Services Notice may cause confusion over whether transmission-related agreements are to be reported in the EQR. EEI states that "the Commission has never required transmission functions to report ancillary service sales in the Transactions portion of the EQR, which was established in Order No. 2001," and "the suggested changes to the Appendix A definitions may not clearly enough reflect this existing policy."

28. EEI also states that "the definition for Energy Imbalance and the proposed definition for Generator Imbalance do not indicate that they may be Ancillary Services" and asks "the Commission to clarify that Energy Imbalance and Generator Imbalance can be an [sic] Ancillary Services, and that * * *

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[o]nly ancillary services provided by a marketer are reportable transactions, though both marketers and transmission functions must list them in the Contracts section of the EQR."

2. Commission Determination

29. Order No. 2001 stated:

We clarify that ancillary service transaction data associated with transmission need not be reported when the transmission services are provided on an unbundled basis * * * On the other hand, ancillary service transaction data associated with power sales are currently required to be filed in Quarterly Transaction Reports and the requirement to file these data is retained in this rule. *19

*19 Order No. 2001 at P 271.

30. Our proposal in the EQR Ancillary Services Notice was intended to provide clarification regarding the EQR reporting requirements for ancillary services provided in association with unbundled sales of transmission services rather than to change the policy (quoted immediately above) that we established in Order No. 2001. *20

*20 Order No. 697, FERC Stats. & Regs. [paragraph] 31,252 at P 1058.

31. Accordingly, with regard to EEI's suggested changes to the reporting requirements for Energy Imbalance, Regulation & Frequency Response, Spinning Reserve, and Supplemental Reserve, the Commission finds that EEI's proposal provides additional clarity and we therefore adopt EEI's proposal.

32. Specifically, we revise the ancillary service Product Names as follows:

Energy Imbalance: Service provided when a difference occurs between the scheduled and the actual delivery of energy to a load obligation (Ancillary Service). For Contracts, reported if the contract provides for sale of the product. For Transactions, sales by third-party providers (i.e., non- transmission function) are reported.

Generator Imbalance: Service provided when a difference occurs between the output of a generator located in the Transmission Provider's Control Area and a delivery schedule from that generator to (1) another Control Area or (2) a load within the Transmission Provider's Control Area over a single hour (Ancillary Service). For Contracts, reported if the contract provides for sale of the product. For Transactions, sales by third-party providers (i.e., non- transmission function) are reported.

Regulation & Frequency Response: Service providing for continuous balancing of resources (generation and interchange) with load, and for maintaining scheduled interconnection frequency by committing on-line generation where output is raised or lowered and by other non-generation resources capable of providing this service as necessary to follow the moment-by-moment changes in load (Ancillary Service). For Contracts, reported if the contract provides for sale of the product. For Transactions, sales by third-party providers (i.e., non-transmission function) are reported.

Spinning Reserve: Unloaded synchronized generating capacity that is immediately responsive to system frequency and that is capable of being loaded in a short time period or non-generation resources capable of providing this service (Ancillary Service). For Contracts, reported if the contract provides for sale of the product. For Transactions, sales by third-party providers (i.e., non-transmission function) are reported.

Supplemental Reserve: Service needed to serve load in the event of a system contingency, available with greater delay than SPINNING RESERVE. This service may be provided by generating units that are on-line but unloaded, by quick- start generation, or by interruptible load or other non-generation resources capable of providing this service (Ancillary Service). For Contracts, reported if the contract provides for sale of the product. For Transactions, sales by third-party providers (i.e., non-transmission function) are reported.

C. Reporting of Ancillary Service Product Type Names

1. Comments

33. EEI asks the Commission to "clarify the appropriate manner to report the Product Type Name [Field No. 30] for ancillary service sales in the Contracts portion of the EQR," namely, that an ancillary service "reported by a transmission function" should be identified with a Product Type Name of "T," indicating the product was sold under a FERC-approved transmission tariff. Alternatively, a merchant sale would be reported as sold under a FERC-approved cost-based tariff by entering "CB" or market-based tariff by entering "MB" as "factual circumstances dictate."

34. Occidental seeks clarification "that imbalances that are settled in the real-time markets operated by the ISOs and RTOs are not intended to be reported as `Generator Imbalances' under the proposed revisions to the EQR Data Dictionary." Occidental states that "imbalances that are settled within the organized markets [are] handled through the settlement process, in which the generator pays the real-time price for any under production and is paid the real-time price for any over production [and] should not be reported in the EQRs as `Generator Imbalances' under this [FERC-proposed] definition."

2. Commission Determination

35. Regarding EEI's request for clarification, if the transmission provider (i.e., non-merchant function) makes an ancillary service sale, the product type is "T." With respect to third-party sales, the product type is listed as "CB," if the third-party sale is made under a cost-based rate tariff or "MB," if the third-party sale is made under a market-based rate tariff. We believe that Product Type Name [Field No. 30] adequately addresses this distinction and, thus, do not find any reason to revise the ancillary service reporting requirements that we proposed in the EQR Ancillary Services Notice to add clarity on this issue.

36. In addition, we find that Occidental is correct in its interpretation of the difference between energy imbalance service offered as an ancillary service in general and the method by which organized markets address imbalances through settlement in the Real-Time market. The Commission has adopted conventions for reporting trading within Real-Time markets. *21 This order does not change those conventions.

*21 Revised Public Utility Filing Requirements for Electric Quarterly Reports, Order No. 2001-G, 120 FERC [paragraph] 61,270, at P 55 (2007).

D. Whether Ancillary Services Not Included in the OATT Should Be Reported in EQRs

1. Comments

37. The EQR Ancillary Services Notice invited comment on the need to include additional non-OATT ancillary services in the list of Product Names in the EQR Data Dictionary. Two commenters filed comments addressing this issue. EEI states that it "recommends against including any other ancillary services in the EQR at this time."

38. Sempra comments that "the industry may benefit from additional clarification with respect to the reporting of ISO/RTO-specific ancillary services that may not be currently reflected" in the OATT. Sempra also suggests that there are benefits to clarifying "the reporting of other ISO/RTO-specific products." To this end, Sempra asks that the Commission clarify "the appropriate reporting `bucket' for other CAISO products, such

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as Instructed Imbalance Energy and Uninstructed Imbalance Energy." As to whether the Commission should add specific new ancillary services to the EQR Data Dictionary, Sempra asks that the Commission "consider whether any additional CAISO products or ancillary services should be included in the EQR Data Dictionary once the CAISO MRTU [Market Redesign and Technology Upgrade] program is put into effect." *22

*22 We note that, while Sempra asks the Commission to consider these matters, it does not explicitly advocate that the Commission add any additional products to the EQR Data Dictionary.

2. Commission Determination

39. The Commission will continue its policy of identifying only the standard OATT ancillary services as ancillary services in the Product Name field of the EQR. This policy is consistent with the Commission's intention, in establishing the EQR filing requirements, that the same kinds of information be reported by all EQR filers, in the same format and using the same definitions. This approach is intended to allow EQR users and Commission staff to readily compare and contrast the transactions and contracts reported by one utility to those of other utilities. We will continue to add products that reflect common and new offerings by the industry where it appears that these products are widely offered, but, in this case, we agree with EEI that the current list of ancillary service product names to be reported in the EQR is sufficient.

40. As to Sempra's comments about providing clarification regarding the appropriate reporting of the specific products offered by CAISO, in Order No. 2001-E, the Commission encouraged RTOs and ISOs to work with Commission staff to develop EQR-ready reports to ease the filing process for respondents and to improve consistency in reporting within and among the organized markets. *23 Three ISOs--New York ISO, Midwest ISO and ISO New England--currently provide reports to their members that format settlement data for the EQR. PJM expects to begin doing so by the end of 2008.

*23 Order No. 2001-E, 105 FERC [paragraph] 61,352 at P 11.

41. In addition, we note that CAISO's staff met with Commission staff and market participants on May 18, 2004 to map the CAISO's products to the EQR product list. *24 Likewise, we encourage CAISO to meet with Commission staff on MRTU product mapping and provide EQR-ready reports to ease the filing process for respondents.

*24 Notice of Electric Quarterly Reports Western Outreach Session, 69 FR 25897 (May 10, 2004). The mapping developed in this meeting is available on the Commission's Web site (http://www.ferc.gov/EventCalendar/EventDetails.aspx?ID=1096&CalType=%20&Date= 5/18/2004&CalendarID=116).

III. Document Availability

42. 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 the Commission's Home Page (http://www.ferc.gov) and in the Commission's Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.

43. From the Commission's Home Page on the Internet, this information is available in the eLibrary. The full text of this document is available in the eLibrary both in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type "RM01-8" in the docket number field. User assistance is available for eLibrary and the Commission's Web site during the Commission's normal business hours. For assistance contact the Commission's Online Support services at FERCOnlineSupport@ferc.gov or toll-free at (866) 208-3676, or for TTY, contact (202) 502-8659.

The Commission orders:

(A) The Commission hereby adopts the changes in the EQR Data Dictionary shown in the Attachment, as discussed in the body of this order.

(B) This order will become effective upon publication in the Federal Register . The definitions adopted in this order shall be used in filing the Q1, 2009 EQR due on April 30, 2009 and in subsequent filings of the EQR.

(C) The limited waiver for compliance granted on April 17, 2008 and extended on July 9, 2008 will apply to all 2008 EQRs and only to 2008 EQRs, regardless of when they are filed.

By the Commission.

Kimberly D. Bose,

Secretary.

Attachment

Electric Quarterly Report Data Dictionary Version 1.1 (Issued October 28, 2008)

     EQR Data Dictionary
Field Field          Required       Value          Definition
No.
1     Filer Unique   X              FR1            (Respondent)--An
      Identifier                                   identifier (i.e., "FR1")
                                                   used to designate a record
                                                   containing Respondent
                                                   identification information
                                                   in a comma-delimited (csv)
                                                   file that is imported into
                                                   the EQR filing. Only one
                                                   record with the FR1
                                                   identifier may be imported
                                                   into an EQR for a given
                                                   quarter.
1     Filer Unique   X              FS# (where "#" (Seller)--An identifier
      Identifier                    is an integer) (e.g., "FS1", "FS2") used
                                                   to designate a record
                                                   containing Seller
                                                   identification information
                                                   in a comma-delimited (csv)
                                                   file that is imported into
                                                   the EQR filing. One record
                                                   for each seller company
                                                   may be imported into an
                                                   EQR for a given quarter.
1     Filer Unique   X              FA1            (Agent)--An identifier
      Identifier                                   (i.e., "FA1") used to
                                                   designate a record
                                                   containing Agent
                                                   identification information
                                                   in a comma-delimited (csv)
                                                   file that is imported into
                                                   the EQR filing. Only one
                                                   record with the FA1
                                                   identifier may be imported
                                                   into an EQR for a given
                                                   quarter.
2     Company Name   X              Unrestricted   (Respondent)--The name of
                                    text (100      the company taking
                                    characters)    responsibility for
                                                   complying with the
                                                   Commission's regulations
                                                   related to the EQR.
2     Company Name   X              Unrestricted   (Seller)--The name of the
                                    text (100      company that is authorized
                                    characters)    to make sales as indicated
                                                   in the company's FERC
                                                   tariff(s). This name may
                                                   be the same as the Company
                                                   Name of the Respondent.
2     Company Name   X              Unrestricted   (Agent)--The name of the
                                    text (100      entity completing the EQR
                                    characters)    filing. The Agent's
                                                   Company Name need not be
                                                   the name of the company
                                                   under Commission
                                                   jurisdiction.
3     Company DUNS   for Respondent Nine digit     The unique nine digit
      Number         and Seller     number         number assigned by Dun and
                                                   Bradstreet to the company
                                                   identified in Field Number
                                                   2.
4     Contact Name   X              Unrestricted   (Respondent)--Name of the
                                    text (50       person at the Respondent's
                                    characters)    company taking
                                                   responsibility for
                                       compliance with the
                                                   Commission's EQR
                                                   regulations.
4     Contact Name   X              Unrestricted   (Seller)--The name of the
                                    text (50       contact for the company
                                    characters)    authorized to make sales
                                                   as indicated in the
                                                   company's FERC tariff(s).
                                                   This name may be the same
                                                   as the Contact Name of the
                                                   Respondent.
4     Contact Name   X              Unrestricted   (Agent)--Name of the
                                    text (50       contact for the Agent,
                                    characters)    usually the person who
                                                   prepares the filing.
5     Contact Title  X              Unrestricted   Title of contact
                                    text (50       identified in Field Number
                                    characters)    4.
6     Contact        X              Unrestricted   Street address for contact
      Address                       text           identified in Field Number
                                                   4.
7     Contact City   X              Unrestricted   City for the contact
                                    text (30       identified in Field Number
                                    characters)    4.
8     Contact State  X              Unrestricted   Two character state or
                                    text (2        province abbreviations for
                                    characters)    the contact identified in
                                                   Field Number 4.
9     Contact Zip    X              Unrestricted   Zip code for the contact
                                    text (10       identified in Field Number
                                    characters)    4.
                                    CA--Canada,
                                    MX--Mexico
10    Contact        X              US--United     Country (USA, Canada,
      Country Name                  States, UK--   Mexico, or United Kingdom)
                                    United Kingdom for contact address
                                                   identified in Field Number
                                                   4.
11    Contact Phone  X              Unrestricted   Phone number of contact
                                    text (20       identified in Field Number
                                    characters)    4.
12    Contact E-Mail X              Unrestricted   E-mail address of contact
                                    text           identified in Field Number
                                                   4.
13    Filing Quarter X              YYYYMM         A six digit reference
                                                   number used by the EQR
                                                   software to indicate the
                                                   quarter and year of the
                                                   filing for the purpose of
                                                   importing data from csv
                                                   files. The first 4 numbers
                                                   represent the year (e.g.,
                                                   2007). The last 2 numbers
                                                   represent the last month
                                                   of the quarter (e.g., 03 =
                                                   1st quarter; 06 = 2nd
                                                   quarter, 09 = 3rd quarter,
                                                   12 = 4th quarter).
14    Contract       X              An integer     An identifier beginning
      Unique ID                     preceded by    with the letter "C" and
                                    the letter "C" followed by a number
                                    (only used     (e.g., "C1", "C2") used to
                                    when importing designate a record
                                    contract data) containing contract
                                                   information in a comma-
                                                   delimited (csv) file that
                                                   is imported into the EQR
                                                   filing. One record for
                                                   each contract product may
                                                   be imported into an EQR
                                                   for a given quarter.
15    Seller Company X              Unrestricted   The name of the company
      Name                          text (100      that is authorized to make
                                    characters)    sales as indicated in the
                                                   company's FERC tariff(s).
                                                   This name must match the
                                                   name provided as a
                                                   Seller's "Company Name" in
                                                   Field Number 2 of the ID
                                                   Data (Seller Data).
16    Customer       X              Unrestricted   The name of the
      Company Name                  text (70       counterparty.
                                    characters)
17    Customer DUNS  X              Nine digit     The unique nine digit
      Number                        number         number assigned by Dun and
                                                   Bradstreet to the company
                                                   identified in Field Number
                                                   16.
18    Contract       X              Y (Yes), N     The customer is an
      Affiliate                     (No)           affiliate if it controls,
                                                   is controlled by or is
                                                   under common control with
                                                   the seller. This includes
                                                   a division that operates
                                                   as a functional unit. A
                                                   customer of a seller who
                                                   is an Exempt Wholesale
                                                   Generator may be defined
                                                   as an affiliate under the
                                                   Public Utility Holding
                                                   Company Act and the FPA.
19    FERC Tariff    X              Unrestricted   The FERC tariff reference
      Reference                     text (60       cites the document that
                                    characters)    specifies the terms and
                                                   conditions under which a
                                                   Seller is authorized to
                                                   make transmission sales,
                                                   power sales or sales of
                                                   related jurisdictional
                                                   services at cost-based
                                                   rates or at market-based
                                                   rates. If the sales are
                                                   market-based, the tariff
                                                   that is specified in the
                                                   FERC order granting the
                                                   Seller Market Based Rate
                                                   Authority must be listed.
20    Contract       X              Unrestricted   Unique identifier given to
      Service                       text (30       each service agreement
      Agreement ID                  characters)    that can be used by the
                                                   filing company to produce
                                                   the agreement, if
                                                   requested. The identifier
                                                   may be the number assigned
                                                   by FERC for those service
                                                   agreements that have been
                                                   filed with and accepted by
                                                   the Commission, or it may
                                                   be generated as part of an
                                                   internal identification
                                                   system.
21    Contract       X              YYYYMMDD       The date the contract was
      Execution Date                               signed. If the parties
                                                   signed on different dates,
                                                   use the most recent date
                                                   signed.
22    Commencement   X              YYYYMMDD       The date the terms of the
      Date of                                      contract reported in
      Contract Terms                               fields 18, 23 and 25
                                                   through 45 (as defined in
                                                   the data dictionary)
                                                   became effective. If those
                                                   terms became effective on
                                                   multiple dates (i.e.: due
                                                   to one or more
                                                   amendments), the date to
                                                   be reported in this field
                                                   is the date the most
                                                   recent amendment became
                                                   effective. If the contract
                                                   or the most recent
                                                   reported amendment does
                                                   not have an effective
                                                   date, the date when
                                                   service began pursuant to
                                                   the contract or most
                                                   recent reported amendment
                                                   may be used. If the terms
                                                   reported in fields 18, 23
                                                   and 25 through 45 have not
                                                   been amended since January
                                                   1, 2009, the initial date
                                                   the contract became
                                                   effective (or absent an
                                                   effective date the initial
                                                   date when service began)
                                                   may be used.
23    Contract       If specified   YYYYMMDD       The date that the contract
      Termination    in the                        expires.
      Date           contract
24    Actual         If contract    YYYYMMDD       The date the contract
      Termination    terminated                    actually terminates.
      Date
25    Extension      X              Unrestricted   Description of terms that
      Provision                     text           provide for the
      Description                                  continuation of the
                                                   contract.
26    Class Name     X                             See definitions of each
                                                   class name below.
26    Class Name     X              F--Firm        For transmission sales, a
                                                   service or product that
                                                   always has priority over
                                                   non-firm service. For
                                                   power sales, a service or
                                                   product that is not
                                                   interruptible for economic
                                                   reasons.
26    Class Name     X              NF--Non-firm   For transmission sales, a
                                                   service that is reserved
                                                   and/or scheduled on an as-
                                                   available basis and is
                                                   subject to curtailment or
                                                   interruption at a lesser
                                                   priority compared to Firm
                                                   service. For an energy
                                                   sale, a service or product
                                                   for which delivery or
                                                   receipt of the energy may
                                                   be interrupted for any
                                                   reason or no reason,
                                                   without liability on the
                                                   part of either the buyer
                                                   or seller.
26    Class Name     X              UP--Unit Power Designates a dedicated
                                    Sale           sale of energy and
                                                   capacity from one or more
                                                   than one specified
                                                   generation unit(s).
26    Class Name     X              N/A--Not       To be used only when the
                                    Applicable     other available Class
                                                   Names do not apply.
27    Term Name      X              LT--Long Term, Contracts with durations
                                    ST--Short      of one year or greater are
                                    Term, N/A--Not long-term. Contracts with
                                    Applicable     shorter durations are
                                                   short-term.
28    Increment Name X                             See definitions for each
                                                   increment below.
28    Increment Name X              H--Hourly      Terms of the contract (if
                                                   specifically noted in the
                                                   contract) set for up to 6
                                                   consecutive hours (</= 6
                                                   consecutive hours).
28    Increment Name X              D--Daily       Terms of the contract (if
                                                   specifically noted in the
                                                   contract) set for more
                                                   than 6 and up to 60
                                                   consecutive hours (> 6 and
                                                   </= 60 consecutive hours).
28    Increment Name X              W--Weekly      Terms of the contract (if
                                                   specifically noted in the
                                                   contract) set for over 60
                                                   consecutive hours and up
                                                   to 168 consecutive hours
                                                   (> 60 and </= 168
                                                   consecutive hours).
28    Increment Name X              M--Monthly     Terms of the contract (if
                                                   specifically noted in the
                                                   contract) set for more
                                                   than 168 consecutive hours
                                                   up to, but not including,
                                                   one year (>168 consecutive
                                                   hours and < 1 year).
28    Increment Name X              Y--Yearly      Terms of the contract (if
                                                   specifically noted in the
                                                   contract) set for one year
                                                   or more (>/= 1 year).
28    Increment Name X              N/A--Not       Terms of the contract do
                                    Applicable     not specify an increment.
29    Increment      X                             See definitions for each
      Peaking Name                                 increment peaking name
                                                   below.
29    Increment      X              FP--Full       The product described may
      Peaking Name                  Period         be sold during those hours
                                                   designated as on-peak and
                                                   off-peak in the NERC
                                                   region of the point of
                                                   delivery.
29    Increment      X              OP--Off-Peak   The product described may
      Peaking Name                                 be sold only during those
                                                   hours designated as off-
                                                   peak in the NERC region of
                                                   the point of delivery.
29    Increment      X              P--Peak        The product described may
      Peaking Name                                 be sold only during those
                                                   hours designated as on-
                                                   peak in the NERC region of
                                                   the point of delivery.
29    Increment      X              N/A--Not       To be used only when the
      Peaking Name                  Applicable     increment peaking name is
                                                   not specified in the
                                                   contract.
30    Product Type   X                             See definitions for each
      Name                                         product type below.
30    Product Type   X              CB--Cost Based Energy or capacity sold
      Name                                         under a FERC-approved
                                                   cost-based rate tariff.
30    Product Type   X              CR--Capacity   An agreement under which a
      Name