Order on Intent To Revoke Market-Based Rate Authority, 115-116 [E5-8159]
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115
Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Notices
Docket No.
Date received
Presenter or requester
1. Project Nos. 2539–000 and 12522–000 .............................................................................
2. Project Nos. 2539–000 and 12522–000 .............................................................................
Exempt:
1. CP04–411–000 ....................................................................................................................
2. CP05–412–000 ....................................................................................................................
3. ER05–1522–000, ER05–1533–000 ....................................................................................
12–7–05
12–19–05
Kristin LaChappelle.
Sister Joanne St. Hilaire.
12–16–05
12–16–05
11–30–05
4. Project No. 2630–004 .........................................................................................................
12–20–05
David L. Scott.
Herman Der.
Hon. Arnold
Schwarzenegger.
David Leonhardt.
Magalie R. Salas,
Secretary.
revealed that a number of public
utilities that previously had been
granted authority to sell power at
market-based rates have failed to file
Electric Quarterly Reports in 2005.
Accordingly, this order notifies those
public utilities that their market-based
rate authorizations will be revoked
unless they comply with the
Commission’s requirements.
3. In Order No. 2001, the Commission
stated that,
[FR Doc. E5–8160 Filed 12–30–05; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Order on Intent To Revoke MarketBased Rate Authority
rmajette on DSK29S0YB1PROD with NOTICES6
Issued December 22, 2005.
Before Commissioners: Joseph T. Kelliher,
Chairman; Nora Mead Brownell, and
Suedeen G. Kelly
In the matter of: ER02–2001–004, ER04–
0292–000, ER04–0646–000, ER02–0388–000,
ER03–0827–000, ER98–4301–000, ER02–
1324–000, ER03–0182–000, ER03–0261–000,
Electric Quarterly Reports, Bravo Energy
Resources, LLC, Core Equities, Inc., HC
Power Marketing, Maxim Energy Partners,
LLC, Mountainview Power Company, Mt.
Carmel Cogen, Inc., Phoenix Energy
Associates, L.L.C., USP&G (Pennsylvania),
Ltd.
1. Section 205 of the Federal Power
Act (FPA), 16 U.S.C. 824d (2000), and
18 CFR part 35 (2005), require, among
other things, that all rates, terms and
conditions of jurisdictional services be
filed with the Commission. In Order No.
2001, which established revised public
utility filing requirements for rates,
terms and conditions of jurisdictional
services, the Commission required
public utilities, including power
marketers, to file, among other things,
Electric Quarterly Reports summarizing
the contractual terms and conditions in
their agreements for all jurisdictional
services (including market-based power
sales, cost-based power sales, and
transmission service) and transaction
information (including rates) for shortterm and long-term power sales during
the most recent calendar quarter.1
2. Commission staff review of the
Electric Quarterly Report submittals has
[i]f a public utility fails to file a[n] Electric
Quarterly Report (without an appropriate
request for extension), or fails to report an
agreement in a report, that public utility may
forfeit its market-based rate authority and
may be required to file a new application for
market-based rate authority if it wishes to
resume making sales at market-based rates.2
4. The Commission further stated that,
[o]nce this rule becomes effective, the
requirement to comply with this rule will
supersede the conditions in public utilities’
market-based rate authorizations, and failure
to comply with the requirements of this rule
will subject public utilities to the same
consequences they would face for not
satisfying the conditions in their rate
authorizations, including possible revocation
of their authority to make wholesale power
sales at market-based rates.3
5. Pursuant to these requirements, the
Commission has revoked or withdrawn
the market-based rate tariffs of several
market-based rate sellers that failed to
submit their Electric Quarterly Report.4
6. Commission staff review of the
Electric Quarterly Report submittals has
identified a number of public utilities
that previously had been granted
authority to sell power at market-based
rates that have failed to file Electric
Quarterly Reports. Commission staff has
made a concerted effort to contact the
non-filing utilities listed in the caption
to remind them of their regulatory
obligations. None of the public utilities
2 Order
No. 2001, at P 222.
3 Id.
1 Revised Public Utility Filing Requirements,
Order No. 2001, 67 Fed. Reg. 31043, FERC Stats. &
Regs. ¶ 31,127 (April 25, 2002), reh’g denied, Order
No. 2001–A, 100 FERC ¶ 61,074, reconsideration
and clarification denied, Order No. 2001–B, 100
FERC ¶ 61,342, order directing filings, Order No.
2001–C, 101 FERC ¶ 61,314 (2002).
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15:46 Nov 10, 2010
Jkt 223001
at P 223.
4 See Intent to Revoke Market-Based Rate
Authority, 107 FERC ¶ 61,310 (2004); Notice of the
Revocation of Market-Based Rate Tariffs, et al., 69
Fed. Reg. 57,679 (September 27, 2004); Intent to
Withdraw Market-Based Rate Authority, 104 FERC
¶ 61,139 (2003); and Order on Market-Based Rates,
105 FERC ¶ 61,219 (2003).
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
listed in the caption of this order has
met those obligations.5
7. Accordingly, this order notifies
those public utilities that their marketbased rate authorizations will be
revoked unless they comply with the
Commission’s requirements within 15
days of the issuance of this order.
8. In addition, the above-captioned
companies’ failure to comply with their
Electric Quarterly Report filing
requirements provides a basis for the
Commission to institute a proceeding
under section 206 of the FPA, to
determine whether these companies
may continue to make wholesale power
sales at market-based rates and whether
any refunds would be appropriate. In
cases where, as here, the Commission
institutes a section 206 investigation on
its own motion, section 206(b) of the
FPA, as recently amended by section
1285 of the Energy Policy Act of 2005,6
requires that the Commission establish
a refund effective date that is no earlier
than the date of publication of notice of
its initiation of the investigation, but no
later than five months subsequent to
that date. Consistent with our general
policy,7 we will set the refund effective
date as the date publication of notice of
its initiation of the investigation.
9. In the event that any of the abovecaptioned market-based rate sellers have
5 According to the Commission’s records, the
companies subject to this order last filed their
Electric Quarterly Reports in the quarters and years
shown below:
Bravo Energy Resources, LLC, Docket No. ER04–
0292–000, 2004, Quarter 3.
Core Equities, Inc., Docket No. ER04–0646–000,
2004, Quarter 3.
HC Power Marketing, Docket No. ER02–0388–
000, 2003, Quarter 4.
Maxim Energy Partners, LLC, Docket No. ER03–
0827–000, 2004, Quarter 1.
Mountainview Power Company, Docket No.
ER98–4301–000, 2002, Quarter 4.
Mt. Carmel Cogen, Inc., Docket No. ER02–1324–
000, 2002, Quarter 4.
Phoenix Energy Associates, L.L.C., Docket No.
ER03–0182–000, 2004, Quarter 2.
USP&G (Pennsylvania), Ltd., Docket No. ER03–
0261–000, 2003, Quarter 4.
6 Energy Policy Act of 2005, Public Law No. 109–
58, 119 Stat. 594 (2005).
7 See, e.g., Seminole Electric Cooperative, Inc. v.
Florida Power & Light Co., 65 FERC ¶ 61,413 at
63,139 (1993); Canal Electric Co., 46 FERC ¶ 61,153
at 61,539, reh’g denied, 47 FERC ¶ 61,275 (1989).
E:\FR\FM\03JAN1.SGM
03JAN1
116
Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Notices
already filed their required Electric
Quarterly Reports in compliance with
the Commission’s requirements, its
inclusion herein is inadvertent. Any
such market-based rate seller is
directed, within 15 days of the date of
issuance of this order, to identify itself
and provide details about its prior
filings that establish that it complied
with the Commission’s Electric
Quarterly Report filing requirements.
10. If any of the above-captioned
market-based rate sellers does not wish
to continue having market-based rate
authority and does not foresee entering
into any contracts to sell power at
market-based rates, it may file a notice
of cancellation with the Commission
pursuant to section 205 of the FPA to
cancel its market-based rate tariff and
relieve it of its obligation to submit
further Electric Quarterly Reports.
rmajette on DSK29S0YB1PROD with NOTICES6
The Commission Orders
(A) Within 15 days of the date of
issuance of this order, each public
utility listed in the caption of this order
shall file all delinquent Electric
Quarterly Reports. If a public utility
fails to make this filing, the Commission
will revoke that public utility’s
authority to sell power at market-based
rates and terminate its electric marketbased rate tariff. Upon expiration of the
filing deadline in this order, the
Secretary shall promptly issue a notice,
effective on the date of issuance, listing
the public utilities whose tariffs have
been revoked.
(B) Pursuant to the authority
contained in and subject to the
jurisdiction conferred upon the Federal
Energy Regulatory Commission by
section 402(a) of the Department of
Energy Organization Act and by the
Federal Power Act, particularly section
206 thereof, and pursuant to the
Commission’s Rules of Practice and
Procedure and the regulations under the
Federal Power Act (18 CFR Chapter I),
the Commission hereby institutes a
proceeding to determine whether the
above-captioned companies may
continue to make wholesale power sales
at market-based rates and whether any
refunds would be appropriate, as
discussed in the body of this order.
(C) The Secretary is hereby directed to
publish this order in the Federal
Register.
By the Commission.
Magalie R. Salas,
Secretary.
[FR Doc. E5–8159 Filed 12–30–05; 8:45 am]
BILLING CODE 6717–01–P
VerDate Mar<15>2010
15:46 Nov 10, 2010
Jkt 223001
Letter is non-public material. The
Commission’s eFiling system is not
ready to accept non-public material at
this time and therefore, it is not
available for the filing of requests for
No-Action Letter.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. PL06–4–000]
Informal Staff Advice on Regulatory
Requirements; Notice of New Docket
Prefix ‘‘NL’’ and Guidelines for Filing
Request for No-Action Letter
December 27, 2005.
On November 18, 2005, the
Commission issued an Interpretive
Order Regarding No-Action Letter
Process 1 in Docket PL06–4–000. Notice
is hereby given that the Commission has
established a new docket prefix ‘‘NL’’ to
identify issuances related to No-Action
Letters.
The prefix will have the format
NLFY–NNN–000, where ‘‘FY’’ stands for
the fiscal year in which the request for
No-Action Letter was received by the
Commission and ‘‘NNN’’ is a sequential
number.
The Commission is also issuing with
this notice guidelines for filing requests
for No-Action Letter. The guidelines are
available on https://www.ferc.gov under
the Documents and Filing tab.
Magalie R. Salas,
Secretary.
Filing Guidelines for Requests for NoAction Letter
What to Submit: Submit one original
and two paper copies of the request,
along with a text-searchable file (or
files) on a 31⁄4’’ diskette or CD–ROM.
Each page of the request and any
supporting information or documents
should include a header or footer stating
‘‘Request for No-Action Letter.’’
Contact Info: Each request must
include the name, address, telephone
number, and e-mail address of the
person to whom the response should be
directed.
Where to Submit: Send your request
to: Federal Energy Regulatory
Commission, Office of the General
Counsel, Room 10A–01, ATTN: Request
for No-Action Letter, 888 First Street,
NE., Washington, DC 20426.
Use express mail or courier services to
submit a Request for No-Action Letter to
FERC. Regular mail sent through the US
Postal Service to the Commission is
subject to a 7–10 day delay for scanning.
The scanning process also may destroy
any diskettes and CD–ROMs included in
the submittal.
The Commission determined that, at
least initially, a Request for No-Action
1 Interpretive Order Regarding No-Action Letter
Process, 113 FERC ¶ 61,174 (2005).
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[FR Doc. E5–8178 Filed 12–30–05; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–ORD–2005–0553; FRL–8016–5]
Request for Nominations for a Human
Studies Review Board
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The U.S. Environmental
Protection Agency (EPA or Agency)
Office of the Science Advisor (OSA) is
soliciting nominations of qualified
individuals to serve on a proposed
Human Studies Review Board (HSRB).
The Agency anticipates establishment of
such a board to provide advice and
recommendations on issues related to
the scientific and ethical review of
human subjects research. EPA was
directed to establish such a Board
pursuant to the 2006 EPA
Appropriations Act and included such a
Board in a proposed rule for protection
of subjects in human research. See:
‘‘Department of Interior, Environment,
and Related Agencies Appropriations
Act, 2006’’, Public Law No. 109–54 and
‘‘Protections for Subjects in Human
Research: Proposed Rule,’’ 70 FR 53,838;
September 12, 2005.
DATES: Nominations should be
submitted to EPA no later than February
2, 2006.
ADDRESSES: Submit your nominations
(‘‘comments’’), identified by Docket ID
No. EPA–HQ–ORD–2005–0553, by one
of the following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: ORD.Docket@epa.gov.
• Mail: ORD Docket, Environmental
Protection Agency, Mailcode: 28221T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center
(EPA/DC), Room B102, EPA West
Building, 1301 Constitution Avenue,
NW., Washington, DC 20460, Attention
Docket ID No. EPA–HQ–ORD–2005–
0553. Deliveries are only accepted from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.
Special arrangements should be made
for deliveries of boxed information.
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Notices]
[Pages 115-116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-8159]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Order on Intent To Revoke Market-Based Rate Authority
Issued December 22, 2005.
Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead
Brownell, and Suedeen G. Kelly
In the matter of: ER02-2001-004, ER04-0292-000, ER04-0646-000,
ER02-0388-000, ER03-0827-000, ER98-4301-000, ER02-1324-000, ER03-
0182-000, ER03-0261-000, Electric Quarterly Reports, Bravo Energy
Resources, LLC, Core Equities, Inc., HC Power Marketing, Maxim
Energy Partners, LLC, Mountainview Power Company, Mt. Carmel Cogen,
Inc., Phoenix Energy Associates, L.L.C., USP&G (Pennsylvania), Ltd.
1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2000), and 18 CFR part 35 (2005), require, among other things, that
all rates, terms and conditions of jurisdictional services be filed
with the Commission. In Order No. 2001, which established revised
public utility filing requirements for rates, terms and conditions of
jurisdictional services, the Commission required public utilities,
including power marketers, to file, among other things, Electric
Quarterly Reports summarizing the contractual terms and conditions in
their agreements for all jurisdictional services (including market-
based power sales, cost-based power sales, and transmission service)
and transaction information (including rates) for short-term and long-
term power sales during the most recent calendar quarter.\1\
---------------------------------------------------------------------------
\1\ Revised Public Utility Filing Requirements, Order No. 2001,
67 Fed. Reg. 31043, FERC Stats. & Regs. ] 31,127 (April 25, 2002),
reh'g denied, Order No. 2001-A, 100 FERC ] 61,074, reconsideration
and clarification denied, Order No. 2001-B, 100 FERC ] 61,342, order
directing filings, Order No. 2001-C, 101 FERC ] 61,314 (2002).
---------------------------------------------------------------------------
2. Commission staff review of the Electric Quarterly Report
submittals has revealed that a number of public utilities that
previously had been granted authority to sell power at market-based
rates have failed to file Electric Quarterly Reports in 2005.
Accordingly, this order notifies those public utilities that their
market-based rate authorizations will be revoked unless they comply
with the Commission's requirements.
3. In Order No. 2001, the Commission stated that,
[i]f a public utility fails to file a[n] Electric Quarterly
Report (without an appropriate request for extension), or fails to
report an agreement in a report, that public utility may forfeit its
market-based rate authority and may be required to file a new
application for market-based rate authority if it wishes to resume
making sales at market-based rates.\2\
---------------------------------------------------------------------------
\2\ Order No. 2001, at P 222.
---------------------------------------------------------------------------
4. The Commission further stated that,
[o]nce this rule becomes effective, the requirement to comply
with this rule will supersede the conditions in public utilities'
market-based rate authorizations, and failure to comply with the
requirements of this rule will subject public utilities to the same
consequences they would face for not satisfying the conditions in
their rate authorizations, including possible revocation of their
authority to make wholesale power sales at market-based rates.\3\
\3\ Id. at P 223.
---------------------------------------------------------------------------
5. Pursuant to these requirements, the Commission has revoked or
withdrawn the market-based rate tariffs of several market-based rate
sellers that failed to submit their Electric Quarterly Report.\4\
---------------------------------------------------------------------------
\4\ See Intent to Revoke Market-Based Rate Authority, 107 FERC ]
61,310 (2004); Notice of the Revocation of Market-Based Rate
Tariffs, et al., 69 Fed. Reg. 57,679 (September 27, 2004); Intent to
Withdraw Market-Based Rate Authority, 104 FERC ] 61,139 (2003); and
Order on Market-Based Rates, 105 FERC ] 61,219 (2003).
---------------------------------------------------------------------------
6. Commission staff review of the Electric Quarterly Report
submittals has identified a number of public utilities that previously
had been granted authority to sell power at market-based rates that
have failed to file Electric Quarterly Reports. Commission staff has
made a concerted effort to contact the non-filing utilities listed in
the caption to remind them of their regulatory obligations. None of the
public utilities listed in the caption of this order has met those
obligations.\5\
---------------------------------------------------------------------------
\5\ According to the Commission's records, the companies subject
to this order last filed their Electric Quarterly Reports in the
quarters and years shown below:
Bravo Energy Resources, LLC, Docket No. ER04-0292-000, 2004,
Quarter 3.
Core Equities, Inc., Docket No. ER04-0646-000, 2004, Quarter 3.
HC Power Marketing, Docket No. ER02-0388-000, 2003, Quarter 4.
Maxim Energy Partners, LLC, Docket No. ER03-0827-000, 2004,
Quarter 1.
Mountainview Power Company, Docket No. ER98-4301-000, 2002,
Quarter 4.
Mt. Carmel Cogen, Inc., Docket No. ER02-1324-000, 2002, Quarter
4.
Phoenix Energy Associates, L.L.C., Docket No. ER03-0182-000,
2004, Quarter 2.
USP&G (Pennsylvania), Ltd., Docket No. ER03-0261-000, 2003,
Quarter 4.
---------------------------------------------------------------------------
7. Accordingly, this order notifies those public utilities that
their market-based rate authorizations will be revoked unless they
comply with the Commission's requirements within 15 days of the
issuance of this order.
8. In addition, the above-captioned companies' failure to comply
with their Electric Quarterly Report filing requirements provides a
basis for the Commission to institute a proceeding under section 206 of
the FPA, to determine whether these companies may continue to make
wholesale power sales at market-based rates and whether any refunds
would be appropriate. In cases where, as here, the Commission
institutes a section 206 investigation on its own motion, section
206(b) of the FPA, as recently amended by section 1285 of the Energy
Policy Act of 2005,\6\ requires that the Commission establish a refund
effective date that is no earlier than the date of publication of
notice of its initiation of the investigation, but no later than five
months subsequent to that date. Consistent with our general policy,\7\
we will set the refund effective date as the date publication of notice
of its initiation of the investigation.
---------------------------------------------------------------------------
\6\ Energy Policy Act of 2005, Public Law No. 109-58, 119 Stat.
594 (2005).
\7\ See, e.g., Seminole Electric Cooperative, Inc. v. Florida
Power & Light Co., 65 FERC ] 61,413 at 63,139 (1993); Canal Electric
Co., 46 FERC ] 61,153 at 61,539, reh'g denied, 47 FERC ] 61,275
(1989).
---------------------------------------------------------------------------
9. In the event that any of the above-captioned market-based rate
sellers have
[[Page 116]]
already filed their required Electric Quarterly Reports in compliance
with the Commission's requirements, its inclusion herein is
inadvertent. Any such market-based rate seller is directed, within 15
days of the date of issuance of this order, to identify itself and
provide details about its prior filings that establish that it complied
with the Commission's Electric Quarterly Report filing requirements.
10. If any of the above-captioned market-based rate sellers does
not wish to continue having market-based rate authority and does not
foresee entering into any contracts to sell power at market-based
rates, it may file a notice of cancellation with the Commission
pursuant to section 205 of the FPA to cancel its market-based rate
tariff and relieve it of its obligation to submit further Electric
Quarterly Reports.
The Commission Orders
(A) Within 15 days of the date of issuance of this order, each
public utility listed in the caption of this order shall file all
delinquent Electric Quarterly Reports. If a public utility fails to
make this filing, the Commission will revoke that public utility's
authority to sell power at market-based rates and terminate its
electric market-based rate tariff. Upon expiration of the filing
deadline in this order, the Secretary shall promptly issue a notice,
effective on the date of issuance, listing the public utilities whose
tariffs have been revoked.
(B) Pursuant to the authority contained in and subject to the
jurisdiction conferred upon the Federal Energy Regulatory Commission by
section 402(a) of the Department of Energy Organization Act and by the
Federal Power Act, particularly section 206 thereof, and pursuant to
the Commission's Rules of Practice and Procedure and the regulations
under the Federal Power Act (18 CFR Chapter I), the Commission hereby
institutes a proceeding to determine whether the above-captioned
companies may continue to make wholesale power sales at market-based
rates and whether any refunds would be appropriate, as discussed in the
body of this order.
(C) The Secretary is hereby directed to publish this order in the
Federal Register.
By the Commission.
Magalie R. Salas,
Secretary.
[FR Doc. E5-8159 Filed 12-30-05; 8:45 am]
BILLING CODE 6717-01-P
