The Brattle Group provides expert testimony and economic analysis involving sellers’ requests before the U.S. Federal Energy Regulatory Commission (FERC) for authority to sell at market-based rates (MBR) in the wholesale electricity markets.

On behalf of utilities and independent power producers in preparing their triennial market-based rates and change in status compliance filings, Brattle performs the FERC’s two indicative screen analyses (Pivotal Supplier and Market Share Screens) and prepares supporting affidavits. We see our role as not simply conducting the required FERC analyses, but also supplying economic reasons to explain the underlying competitive conditions and key assumptions, and facilitating the process by working collaboratively with our clients. For example, we have worked with our clients’ transmission teams in preparing simultaneous import limits (SILs) that are required by FERC in order to determine proper relevant market and product definitions. Our SIL studies have also been accepted by the FERC for the California ISO and New York ISO markets.

Our knowledge and experience also allows us to aid clients in identifying whether a mitigation measure is needed. We have utilized our in-house Delivered Price Test (DPT) model to rebut the presumption of market power and to recommend appropriate mitigation measures.

We have applied MBR analyses for clients in a variety of settings, including potential mergers and acquisitions, and in several geographic regions, including New York, New England, the Mid Atlantic, the Midwest, Florida, the Southeast, and the Western U.S.