Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead Brownell, and Suedeen G. Kelly; Electric Quarterly Reports; Capital Power, Inc.; Energy Investments Management, Inc.; New Light Energy, LLC; Premier Energy Marketing, LLC; Sprague Energy Corp.; TME Energy Services; Order on Intent To Revoke Market-Based Rate Authority, 9531-9532 [E6-2654]

Download as PDF Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Notices 385.214. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5 p.m. Eastern Time on March 1, 2006. Magalie R. Salas, Secretary. [FR Doc. E6–2625 Filed 2–23–06; 8:45 am] appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5 p.m. Eastern Time on February 27, 2006. Magalie R. Salas, Secretary. [FR Doc. E6–2616 Filed 2–23–06; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER02–2001–005, ER03–622– 000, ER02–2338–000, ER04–683–000, ER03– 101–000, ER02–1499–000, ER02–1595–000] [Docket No. EL06–33–000] City of Banning, California; Notice of Filing wwhite on PROD1PC65 with NOTICES February 16, 2006. Take notice that on January 5, 2006, the City of Banning, California tendered for filing revisions to its third annual Transmission Revenue Balancing Account Adjustment filing on December 16, 2005. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as VerDate Aug<31>2005 18:03 Feb 23, 2006 Jkt 208001 Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead Brownell, and Suedeen G. Kelly; Electric Quarterly Reports; Capital Power, Inc.; Energy Investments Management, Inc.; New Light Energy, LLC; Premier Energy Marketing, LLC; Sprague Energy Corp.; TME Energy Services; Order on Intent To Revoke Market-Based Rate Authority Issued February 17, 2006. 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, the Commission revised its public utility filing requirements and established a requirement for public utilities, including power marketers, to PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 9531 file 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 providing transaction information (including rates) for short-term and long-term power sales during the most recent calendar quarter.1 2. Commission staff review of the Electric Quarterly Report submittals has revealed that a number of public utilities with authority to sell electric power at market-based rates have failed to file their Electric Quarterly Reports through the third quarter of 2005. Thus, this order notifies these public utilities that their market-based rate authorizations will be revoked unless they comply with the Commission’s requirements within 15 days of the date of issuance of this order. 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] 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 Reports.4 Further, the Commission has instituted proceedings under section 206 of the 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 Order No. 2001 at P 222. 3 Id. at P 223. 4 See Electric Quarterly Reports, 107 FERC ¶ 61,310 (2004); Electric Quarterly Reports, 69 FR 57,679 (September 27, 2004); Electric Quarterly Reports, 105 FERC ¶ 61,219 (2003); and Electric Quarterly Reports, 104 FERC ¶ 61,139 (2003). E:\FR\FM\24FEN1.SGM 24FEN1 9532 Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Notices wwhite on PROD1PC65 with NOTICES Federal Power Act against companies that failed to file.5 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 through the third quarter of 2005. Commission staff has contacted all non-filing utilities via email to remind them of their regulatory obligations. None of the public utilities listed in the caption of this order has met those obligations.6 Respondent/Last quarter filed Capital Power, Inc.—2005 Quarter 1 Energy Investments Management, Inc.—2005 Quarter 1 New Light Energy, LLC—2005 Quarter 1 TME Energy Services—2005 Quarter 1 Premier Energy Marketing, LLC—2005 Quarter 2 Sprague Energy Corp.—2005 Quarter 2 7. Accordingly, this order notifies these 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 proceedings under section 206 of the FPA. These proceedings will determine appropriate refunds in the event these companies continue to make wholesale power sales at market-based rates. 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 2005,7 requires the Commission to 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. Thus, we will set the refund effective date as the date of publication of this order in the Federal Register. 9. In the event that any of the abovecaptioned market-based rate sellers has already filed its required Electric Quarterly Reports in compliance with the Commission’s requirements, its inclusion herein is inadvertent. Any 5 See Electric Quarterly Reports, 113 FERC ¶ 61,305 (2005). 6 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: 7 Energy Policy Act of 2005, § 1285, Pub. L. No. 109–58, 119 Stat. 980 (2005). VerDate Aug<31>2005 18:03 Feb 23, 2006 Jkt 208001 such market-based rate seller is directed, within 15 days of the date of issuance of this order, to make a filing with the Commission identifying itself and providing 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 end 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 with the Commission 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. The Secretary is hereby directed, upon expiration of the filing deadline in this order, to promptly issue a notice, effective on the date of issuance, listing the public utilities whose tariffs have been revoked for failure to comply with the requirements of this order and the Commission’s Electric Quarterly Report filing requirements. (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 proceedings to determine the appropriate refunds if the abovecaptioned companies continue to make wholesale power sales at market-based rates. (C) The Secretary is hereby directed to publish this order in the Federal Register. By the Commission. Magalie R. Salas, Secretary. [FR Doc. E6–2654 Filed 2–23–06; 8:45 am] BILLING CODE 6717–01–P PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP06–60–000] Enbridge Pipelines (Midla) L.L.C.; Notice of Application February 16, 2006. Take notice that on February 6, 2006, Enbridge Pipelines (Midla) L.L.C., 1100 Louisiana, Suite 3300, Houston, Texas 77002, filed in Docket No. CP06–60–000 an application pursuant to section 7(b) of the Natural Gas Act (NGA) for permission and approval to abandon 22.4 miles of inactive mainline pipeline ranging in diameter from 10.75 to 22 inches and related surface appurtenances in Richland and Ouachita Parishes, Louisiana, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing may also be viewed on the Commission’s Web site at http:// www.ferc.gov using the ‘‘eLibrary’’ link, select ‘‘Docket #’’ and follow the instructions (call 202–502–8222 or for TTY, 202–502–8659). Midla proposes to abandon in place or by removal approximately the 22.4 miles of inactive mainline extending from Milepost 0.0 at its Desiard compressor station in Ouachita Parish and ending at Milepost 22.4 on the T–1 Mainline in Richland Parish. Midla states that this segment of 80-year old pipeline has been shut-in since a September 2001 rupture occurred. Midla also states that the U.S. Department of Transportation (DOT) ordered Midla to shut in the failed pipeline segment and to take certain corrective action. Midla further states that it took all DOT-required corrective action, except for hydrostatically testing the line. None of Midla’s existing customers would lose natural gas service following abandonment, because Midla has and will continue to provide service via its parallel Loop line. Any questions regarding this application should be directed to Cynthia A. Corcoran, FERC Chief Compliance Officer & Senior Counsel Specialist, Enbridge Pipelines (Midla) L.L.C., 1100 Louisiana, Suite 3300, Houston, Texas 77002 at (713) 821– 2265. There are two ways to become involved in the Commission’s review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 E:\FR\FM\24FEN1.SGM 24FEN1

Agencies

[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Notices]
[Pages 9531-9532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2654]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER02-2001-005, ER03-622-000, ER02-2338-000, ER04-683-000, 
ER03-101-000, ER02-1499-000, ER02-1595-000]


Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead 
Brownell, and Suedeen G. Kelly; Electric Quarterly Reports; Capital 
Power, Inc.; Energy Investments Management, Inc.; New Light Energy, 
LLC; Premier Energy Marketing, LLC; Sprague Energy Corp.; TME Energy 
Services; Order on Intent To Revoke Market-Based Rate Authority

Issued February 17, 2006.
    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, the Commission revised its 
public utility filing requirements and established a requirement for 
public utilities, including power marketers, to file 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 
providing 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 with 
authority to sell electric power at market-based rates have failed to 
file their Electric Quarterly Reports through the third quarter of 
2005. Thus, this order notifies these public utilities that their 
market-based rate authorizations will be revoked unless they comply 
with the Commission's requirements within 15 days of the date of 
issuance of this order.
    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 Reports.\4\ 
Further, the Commission has instituted proceedings under section 206 of 
the

[[Page 9532]]

Federal Power Act against companies that failed to file.\5\
---------------------------------------------------------------------------

    \4\ See Electric Quarterly Reports, 107 FERC ] 61,310 (2004); 
Electric Quarterly Reports, 69 FR 57,679 (September 27, 2004); 
Electric Quarterly Reports, 105 FERC ] 61,219 (2003); and Electric 
Quarterly Reports, 104 FERC ] 61,139 (2003).
    \5\ See Electric Quarterly Reports, 113 FERC ] 61,305 (2005).
---------------------------------------------------------------------------

    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 through the third 
quarter of 2005. Commission staff has contacted all non-filing 
utilities via e-mail to remind them of their regulatory obligations. 
None of the public utilities listed in the caption of this order has 
met those obligations.\6\
---------------------------------------------------------------------------

    \6\ 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:

    Respondent/Last quarter filed
    Capital Power, Inc.--2005 Quarter 1
    Energy Investments Management, Inc.--2005 Quarter 1
    New Light Energy, LLC--2005 Quarter 1
    TME Energy Services--2005 Quarter 1
    Premier Energy Marketing, LLC--2005 Quarter 2
    Sprague Energy Corp.--2005 Quarter 2

    7. Accordingly, this order notifies these 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 proceedings under section 206 of 
the FPA. These proceedings will determine appropriate refunds in the 
event these companies continue to make wholesale power sales at market-
based rates. 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,\7\ requires the Commission to 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. Thus, we will set the refund effective date as 
the date of publication of this order in the Federal Register.
---------------------------------------------------------------------------

    \7\ Energy Policy Act of 2005, Sec.  1285, Pub. L. No. 109-58, 
119 Stat. 980 (2005).
---------------------------------------------------------------------------

    9. In the event that any of the above-captioned market-based rate 
sellers has already filed its 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 make a filing with the 
Commission identifying itself and providing 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 end 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 with the 
Commission 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. The Secretary is 
hereby directed, upon expiration of the filing deadline in this order, 
to promptly issue a notice, effective on the date of issuance, listing 
the public utilities whose tariffs have been revoked for failure to 
comply with the requirements of this order and the Commission's 
Electric Quarterly Report filing requirements.
    (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 proceedings to determine the appropriate refunds if the 
above-captioned companies continue to make wholesale power sales at 
market-based rates.
    (C) The Secretary is hereby directed to publish this order in the 
Federal Register.

    By the Commission.
Magalie R. Salas,
Secretary.
 [FR Doc. E6-2654 Filed 2-23-06; 8:45 am]
BILLING CODE 6717-01-P