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ARTICLE · 28 SEPTEMBER 2016

FERC Seeks Comment On Potential Modifications To Its Market Power Analyses

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On September 22, 2016, FERC issued a Notice of Inquiry (NOI) seeking comment on whether and, if so, how FERC might modify or enhance its methods for identifying and assessing market power.

United StatesEnergy and Natural Resources
Scott Johnson
Scott Johnson
George (Chip) Cannon Jr.
George (Chip) Cannon Jr.
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On September 22, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comment on whether and, if so, how FERC might modify or enhance its methods for identifying and assessing market power in reviewing transactions under Section 203 of the Federal Power Act (FPA) and applications for market-based rate authority under  Section 205 of the FPA.  FERC also seeks comment on whether increased harmonization of its currently separate approaches to market power analysis under Sections 203 and 205 is warranted and feasible.  Certain of the potential changes, if adopted, would significantly alter FERC’s Section 203 and 205 analyses and could result in new burdens and benefits for affected entities.  Comments on the NOI will be due 60 days after publication of the NOI in the Federal Register.  After evaluating the comments on the NOI, FERC may or may not issue a notice of proposed rulemaking proposing revisions to its regulations regarding

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