US FERC 18 CFR 35.42: Solar Change in Status Reporting Guide

Key Takeaways

• Solar photovoltaic facilities have a 100 MW cumulative net increase threshold for reporting.
• Quarterly change in status filings are due by April 30, July 31, October 31, and January 31.
• Monthly relational database updates must be submitted by the 15th day of the following month.
• Failure to timely file a change in status constitutes a tariff violation.

Understanding 18 CFR 35.42 for Solar Market-Based Rate Sellers

18 CFR 35.42 outlines mandatory change in status reporting requirements for sellers holding market-based rate (MBR) authority. This regulation, titled "Change in status reporting requirement," ensures that the Federal Energy Regulatory Commission (FERC) is informed of any changes that depart from the characteristics it relied upon when granting MBR authority. Compliance is a condition of obtaining and retaining market-based rate authority. This framework operates under FERC Order 816 and Order 860.

Solar Facility Reporting Thresholds

For solar photovoltaic facilities, a specific threshold triggers reporting obligations. You must report ownership or control of generation capacity or long-term firm purchases of capacity and/or energy that results in cumulative net increases of 100 MW or more of capacity. This threshold is based on the nameplate capacity of the solar photovoltaic facilities.

Quarterly Filing Schedule

Any change in status subject to paragraph (a) of 18 CFR 35.42 must be filed quarterly. The regulation specifies strict calendar deadlines for these filings:

• For the period from January 1 through March 31, you must file by April 30.
• For the period from April 1 through June 30, you must file by July 31.
• For the period July 1 through September 30, you must file by October 31.
• For the period October 1 through December 31, you must file by January 31.

Power sales contracts with future delivery are reportable once the physical delivery has begun.

Monthly Relational Database Updates

In addition to quarterly filings, sellers must report on a monthly basis changes to their previously-submitted relational database information. This excludes updates to the horizontal market power screens. These submissions must be made by the 15th day of the month following the change. The submission must be prepared in conformance with the instructions posted on the Commission's website.

Other Reporting Triggers and Liabilities

Several other changes can trigger a reporting requirement under 18 CFR 35.42. These include:

• Ownership, operation, or control of transmission facilities.
• Affiliation with any entity not disclosed in the application for market-based rate authority that has a franchised service area or is an ultimate upstream affiliate.

Failure to timely file a change in status constitutes a tariff violation. This can result in legal liabilities for the seller.