Safe Harbor Policy for Data Providers to Price Index Developers
Published Date: 11/25/2025
Proposed Rule
Summary
The Federal Energy Regulatory Commission has decided to stop the plan to officially protect data providers who share price info with index developers. This means no new rules will be made, and the previous proposal from 2021 is now canceled as of November 25, 2025. If you’re a company sharing energy price data, nothing changes for now, and no new costs or deadlines are coming your way.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Safe Harbor Policy Continues in Practice
The Commission reaffirmed that the Safe Harbor Policy — including a rebuttable presumption that data providers report in good faith and that inadvertent reporting errors will not be treated as violations — remains in effect, as reiterated in the April 21, 2022 Revised Policy Statement. The Commission notes it has not investigated or penalized any company for inadvertent reporting errors for over two decades.
Reporting Burden Reduced by 2022 Policy
The Commission notes the 2022 Revised Policy Statement reduced reporting burden by allowing data providers to report monthly transactions without also reporting daily transactions, and that 23 new companies began reporting in 2023 via Form No. 552. If you are a data provider, this change can reduce how often you must file transaction reports.
NOPR Withdrawn; Status Quo Maintained
The Federal Energy Regulatory Commission withdrew the March 2, 2021 notice of proposed rulemaking and terminated the proceeding as of November 25, 2025. If you are a company that shares energy price data, nothing changes right now and no new costs or deadlines are being imposed because of this withdrawal.
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