FERC's Encore: Electricity Sellers Keep Papering the Past
Published Date: 12/31/2025
Notice
Summary
FERC is extending the current rules that require certain energy companies to keep records for market-based rate authorizations—no changes, just a three-year extension. This affects public utility companies that sell electricity across state lines, and they need to keep their paperwork in order. Comments on this extension are due by March 2, 2026, but there’s no new cost or extra work involved.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Records Used for Enforcement and Investigations
The five-year retention requirement exists so FERC can use retained billing and price data in investigations, civil penalty actions, and to enforce the anti-manipulation rule (referencing Order No. 670). Sellers' retained records may be relevant to enforcement and statute-of-limitations matters.
Five-Year Record Rule Extended
FERC is extending the current FERC-915 rule for three years and is not changing the rule. Sellers who make wholesale electricity sales must continue to keep all billing and price data for five years under 18 CFR 35.41(d); comments are due March 2, 2026.
Estimated Annual Burden and Costs
FERC estimates 2,510 respondents will each spend about 1 hour per year on this recordkeeping, totaling 2,510 hours and $90,360 in labor costs. FERC also estimates $15,600 in annual off-site storage costs (about $6.22 per respondent), for a total annual cost of $100,940 or about $40.22 per respondent.
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Key Dates
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