EIA would track emissions, fuel use, and finances, but keep some data confidential, raising questions about trade secrets and agency authority.
Sheldon L. Bierman and David F. Stover are attorneys and consultants in the areas of utility fuel costs and purchasing practices, and economic and environmental regulation.
Should — and just as important, may — the Energy Information Administration (EIA) collect and publicly disclose non-aggregated information regarding the finances, operations, emissions, fuel consumption and costs of non-utility generators?
With the substantial increases in the portion of total electric generating capacity operated by non-utility generators (NUGs, representing the merchant gen sector), and the substantial public concerns about the performance of the electric power industry, EIA has proposed to collect such information and to keep much of it confidential.1
EIA proposes to require non-utility generators to file:
- a Financial Report, designated as EIA Form 412 (filed annually);
- a Report on Emissions (plus boiler-specific equipment and fuel data), designated as EIA Form 767 (filed annually); and
- a Fuel-Use Report (type, quantity, quality and delivered costs of fuel received at power plants), designated as EIA Form 423 (filed monthly).
The proposed reports parallel reports filed publicly by regulated utilities with the Federal Energy Regulatory Commission (FERC). However, unlike the public reports filed with the FERC, the EIA proposes not to disclose filed information regarding: