Preparing FERC market-based rate tariffs manually requires extensive research across FERC orders, regulations, and official templates, often taking 6-8 hours of attorney time. Energy lawyers must cross-reference multiple FERC orders (697, 697-A, 860), verify regional category status, ensure 18 CFR Part 35 compliance, and format documents according to eTariff requirements—all while risking costly filing errors.
Preparing a FERC-compliant market-based rate tariff requires extensive knowledge of Order 697, Order 860, and complex eTariff formatting requirements. Energy attorneys spend 12-20 hours drafting comprehensive tariffs that incorporate market power analysis, regional category determinations, and ongoing compliance commitments. Manual drafting risks omitting critical regulatory provisions or failing to meet FERC's technical filing requirements.
CaseMark automates the entire FERC tariff drafting process by analyzing your authorization order and market power data to generate complete, filing-ready tariffs. The platform incorporates all applicable FERC regulations, formats documents for eTariff submission, and ensures compliance with current Commission precedent. Receive a professionally drafted tariff in minutes, not days.
This workflow is applicable across multiple practice areas and use cases
M&A attorneys need to draft or update FERC market-based rate tariffs when acquiring power generation assets or energy companies, as market-based rate authority must be transferred or newly obtained post-transaction.
FERC authorization and tariff compliance are critical due diligence and post-closing requirements in energy sector M&A, particularly for transactions involving wholesale power sellers or generation assets.
Corporate finance teams at energy companies need FERC market-based rate tariffs when structuring wholesale power sales transactions and securing financing for power generation projects.
Market-based rate authority is essential for energy companies' revenue models and capital raising activities, making tariff preparation a critical corporate finance function for utilities and independent power producers.
Asset purchase transactions involving power generation facilities or wholesale electricity sales rights require new or amended FERC market-based rate tariffs to authorize the purchaser's market participation.
Buyers of energy assets must obtain FERC market-based rate authority to legally sell power at wholesale, making tariff preparation an essential component of asset purchase closing requirements.
New renewable energy companies and independent power producers need FERC market-based rate tariffs as part of their initial formation and market entry strategy to legally participate in wholesale power markets.
Obtaining market-based rate authority is a foundational regulatory requirement for newly formed energy companies planning to sell electricity at wholesale, making it integral to corporate formation in the energy sector.
You'll need your FERC authorization order (including docket number and authorization date), market power analysis showing your category status in each regional market, and basic corporate information like legal name and state of formation. CaseMark extracts this information from uploaded documents and automatically populates the tariff with all required regulatory provisions and compliance commitments.
Yes, CaseMark formats all tariffs to meet FERC's technical eTariff specifications, including proper section numbering, headers, footers, and pagination. The output is a filing-ready document that can be submitted immediately through FERC's electronic filing system upon your review and approval.
The platform analyzes your market power data and creates a comprehensive regional matrix showing your Category 1 or Category 2 status in each of the six FERC-defined markets (Northeast, Southeast, Southwest, Central, Northwest, and California). It automatically incorporates the appropriate compliance language and reporting requirements based on your specific category determinations in each region.
Absolutely. CaseMark reviews your authorization order to identify any market power mitigation measures, generation capacity caps, geographic restrictions, or affiliate transaction limitations. These conditions are automatically incorporated into the appropriate tariff sections with precise regulatory language and cross-references to the authorization order's specific findings.
The generated tariff includes comprehensive commitments for all FERC-required reporting, including triennial market power updates, quarterly Electric Quarterly Reports (EQR), change in status notifications within 30 days of material events, and asset appendix maintenance. Each obligation is specified with exact timing, format, and content requirements per 18 CFR § 35.42 and Order 860.