When and What to File

The Commission requires Category 2 market-based rate Sellers, as defined in 18 CFR 35.36, to file updated market power analyses (Triennials) on an ongoing basis. If a Seller has not been designated as a Category 1 Seller for the specific region in question it is by default Category 2 and must file an updated market power analysis for that region.

An entity that has not been designated as a Category 1 Seller for the region must file an analysis even if it does not own assets in the region and does not transact in the region.

When preparing an updated market power analysis, a Seller's filing must include the following elements:

  • A transmittal letter explaining the filing and listing the documents submitted with the filing.
  • Contact information for the filing entity (including current phone number).
  • A description of the kinds of services the Commission has authorized the Seller to provide under its market-based rate tariff.
  • A description of the applicant's business activities.
  • A description of the owners and affiliates of the applicant that have a bearing on the Seller’s horizontal or vertical market power analyses - and that are not otherwise captured in the asset appendix, and a description of their business activities, including the identification of ultimate upstream affiliates. If the applicant has no affiliates, the application should represent that. Affiliates are defined in 18 C.F.R. § 35.36(a)(9).  Ultimate upstream affiliates are defined in 18 C.F.R. § 35.36(a)(10).  
  • Representations regarding how the applicant satisfies the Commission's concerns with regard to horizontal market power, consistent with 18 C.F.R. § 35.37 (b) and (c) (including the indicative study identifiers for the Sellers Market Share and Pivotal Supplier Screens submitted into the MBR Database.) 
  • Representations of how the applicant satisfies the Commission's concerns with regard to vertical market power, consistent with 18 C.F.R. § 35.37(d) and (e).
  • The serial number for its asset appendix. The Seller must reference either its most recently created asset appendix, or an asset appendix created fewer than 15 days before it makes its filing.   Accurate asset appendices are essential to the Commission’s mandate and Sellers should notify the Commission of any potential inaccuracies in their asset appendices.
  • If appropriate, a revised market-based rate tariff in eTariff that includes the required provisions in compliance with Order No. 697Order No. 697-AOrder No. 816Order No. 816-A, Order No. 819, and Order No. 860.
  • If the updated market power analysis does not contain revised tariff language, it may be eFiled or submitted by paper.  In either case, the indicative screen information must be submitted into the MBR Database.

The Commission will review Sellers in each region every three years according to a rotating schedule detailed in Appendix D to Order No. 697, as revised and corrected in Appendix D, D-1, and D-2 to Order No. 697-A, and Order No. 816, Appendix C.

Map of the U.S. regions for triennial review.

 

Sample Triennial Review    
 

This page was last updated on February 17, 2022