Order on Intent To Revoke Market-Based Rate Authority, 8249-8250 [E9-3931]

Download as PDF Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Notices 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 appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to 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 https://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 https://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: March 19, 2009. Kimberly D. Bose, Secretary. [FR Doc. E9–3858 Filed 2–23–09; 8:45 am] [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 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER02–2001–010; Docket No. ER06–1152–000; Docket No. ER07–1247– 000] Order on Intent To Revoke MarketBased Rate Authority mstockstill on PROD1PC66 with NOTICES February 19, 2009. Before Commissioners: Jon Wellinghoff, Acting Chairman; Suedeen G. Kelly, Marc Spitzer, and Philip D. Moeller. Electric Quarterly Reports: Docket No. ER02–2001–010. Celeren Corporation: Docket No. ER06–1152–000. FC Energy Services Company, LLC: Docket No. ER07–1247–000. 17:23 Feb 23, 2009 Jkt 217001 [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, BILLING CODE 6717–01–P VerDate Nov<24>2008 1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d (2006), and 18 CFR part 35 (2008), 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 2. Commission staff’s review of the Electric Quarterly Report submittals indicates that two utilities with authority to sell electric power at market-based rates have failed to file their Electric Quarterly Reports. 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, 5. Pursuant to these requirements, the Commission has revoked the marketbased rate tariffs of several market-based 1 Revised Public Utility Filing Requirements, Order No. 2001, FERC Stats. & Regs. ¶ 31,127, 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) Order Directing Filings, Order No. 2001–D, 102 FERC ¶ 61,334 (2003). 2 Order No. 2001 at P 222. 3 Id. P 223. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 8249 rate sellers that failed to submit their Electric Quarterly Reports.4 6. As noted above, Commission staff’s review of the Electric Quarterly Report submittals identified two public utilities with authority to sell power at marketbased rates that failed to file Electric Quarterly Reports through the third and fourth quarters of 2008. Commission staff contacted these entities to remind them of their regulatory obligations.5 None of the public utilities listed in the caption of this order has met those obligations.6 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. 7. In the event that any of the abovecaptioned market-based rate sellers has already filed its Electric Quarterly Report in compliance with the Commission’s requirements, its inclusion herein is inadvertent. 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. 8. If any of the above-captioned market-based rate sellers do not wish to continue having market-based rate authority, they may file a notice of cancellation with the Commission pursuant to section 205 of the FPA to cancel their market-based rate tariff. 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 will 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 4 See, e.g., Electric Quarterly Reports, 73 FR 31,460 (June 2, 2008); Electric Quarterly Reports, 115 FERC ¶ 61,073 (2006), Electric Quarterly Reports, 114 FERC ¶ 61,171 (2006). 5 See Celeren Corporation, Docket No. ER06– 1152–000 (December 19, 2008) (unpublished letter order); FC Energy Services Company, LLC, Docket No. ER07–1247–000 (December 19, 2008) (unpublished letter order). 6 According to the Commission’s records, the companies subject to this order last filed their Electric Quarterly Reports for the 2nd quarter of 2008. E:\FR\FM\24FEN1.SGM 24FEN1 8250 Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Notices been revoked for failure to comply with the requirements of this order and the Commission’s Electric Quarterly Report filing requirements. (B) The Secretary is hereby directed to publish this order in the Federal Register. By the Commission. Commissioner Kelliher is not participating. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E9–3931 Filed 2–23–09; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OARM–2008–0829, FRL–8776–3] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Drug Testing for Contract Employees (Renewal), EPA ICR Number 2183.03, OMB Control Number 2030–0044 mstockstill on PROD1PC66 with NOTICES AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments must be submitted on or before March 26, 2009. ADDRESSES: Submit your comments, referencing docket ID number EPA–HQ– OARM–2008–0829, to (1) EPA online using www.regulations.gov (our preferred method), by e-mail to oei.docket@epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Office of Environmental Information Docket, Mail Code 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Donna Blanding, Environmental Protection Agency, Office of Acquisition Management, Mail Code 3802R, 1200 Pennsylvania Ave., NW., Washington, VerDate Nov<24>2008 17:23 Feb 23, 2009 Jkt 217001 DC 20460; (202) 564–1130; fax number: (202) 565–2475; e-mail address: blanding.donna@epa.gov. EPA has submitted the following ICR to OMB for review and approval according to procedures prescribed in 5 CFR 1320.12. On November 13, 2008 (73 FR 67152), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID number EPA–HQ–OARM–2008–0829, which is available for public viewing at https:// www.regulations.gov, or in person viewing at the EPA Docket Center (EPA/ DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566–1744, and the telephone number for the Office of Environmental Information Docket is (202) 566–1752. Use EPA’s electronic docket and comment system at https:// www.regulations.gov, to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select ‘‘docket search,’’ then key in the docket ID number identified above. Please note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at https://www.regulations.gov as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to https://www.regulations.gov. Titles: Drug Testing for Contractor Employees (Renewal). ICR numbers: EPA ICR No. 2183.03, OMB Control No. 2030–0044. ICR Status: This ICR is scheduled to expire on March 31, 2009. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after SUPPLEMENTARY INFORMATION: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. Abstract: EPA uses contractors to perform services throughout the nation with regard to environmental emergencies involving the release, or threatened release, of oil, radioactive materials or hazardous chemicals that may potentially affect communities and the surrounding environment. Releases may be accidental, deliberate, or may be caused by natural disasters. Emergency responders are available 24 hours-a-day to an incident, and respond with necessary personnel and equipment to eliminate dangers to the public and environment. Contractors responding to any of these types of incidents are responsible for conducting drug tests and applying Government-established suitability criteria in determining whether employees are acceptable to perform on given sites or on specific projects prior to contract employee performance. The information to be collected under the ICR for Drug Testing for Contractor Employees covers testing for the presence of marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP). The Contractor shall maintain records of all drug tests. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9 and are identified on the form and/or instrument, if applicable. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 1 hour per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of E:\FR\FM\24FEN1.SGM 24FEN1

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[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Notices]
[Pages 8249-8250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3931]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER02-2001-010; Docket No. ER06-1152-000; Docket No. ER07-
1247-000]


Order on Intent To Revoke Market-Based Rate Authority

February 19, 2009.
    Before Commissioners: Jon Wellinghoff, Acting Chairman; Suedeen G. 
Kelly, Marc Spitzer, and Philip D. Moeller.
    Electric Quarterly Reports: Docket No. ER02-2001-010.
    Celeren Corporation: Docket No. ER06-1152-000.
    FC Energy Services Company, LLC: Docket No. ER07-1247-000.
    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d 
(2006), and 18 CFR part 35 (2008), 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, 
FERC Stats. & Regs. ] 31,127, 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) Order Directing Filings, Order No. 2001-
D, 102 FERC ] 61,334 (2003).
---------------------------------------------------------------------------

    2. Commission staff's review of the Electric Quarterly Report 
submittals indicates that two utilities with authority to sell electric 
power at market-based rates have failed to file their Electric 
Quarterly Reports. 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. P 223.

    5. Pursuant to these requirements, the Commission has revoked the 
market-based rate tariffs of several market-based rate sellers that 
failed to submit their Electric Quarterly Reports.\4\
---------------------------------------------------------------------------

    \4\ See, e.g., Electric Quarterly Reports, 73 FR 31,460 (June 2, 
2008); Electric Quarterly Reports, 115 FERC ] 61,073 (2006), 
Electric Quarterly Reports, 114 FERC ] 61,171 (2006).
---------------------------------------------------------------------------

    6. As noted above, Commission staff's review of the Electric 
Quarterly Report submittals identified two public utilities with 
authority to sell power at market-based rates that failed to file 
Electric Quarterly Reports through the third and fourth quarters of 
2008. Commission staff contacted these entities to remind them of their 
regulatory obligations.\5\ None of the public utilities listed in the 
caption of this order has met those obligations.\6\
---------------------------------------------------------------------------

    \5\ See Celeren Corporation, Docket No. ER06-1152-000 (December 
19, 2008) (unpublished letter order); FC Energy Services Company, 
LLC, Docket No. ER07-1247-000 (December 19, 2008) (unpublished 
letter order).
    \6\ According to the Commission's records, the companies subject 
to this order last filed their Electric Quarterly Reports for the 
2nd quarter of 2008.
---------------------------------------------------------------------------

    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.
    7. In the event that any of the above-captioned market-based rate 
sellers has already filed its Electric Quarterly Report in compliance 
with the Commission's requirements, its inclusion herein is 
inadvertent. 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.
    8. If any of the above-captioned market-based rate sellers do not 
wish to continue having market-based rate authority, they may file a 
notice of cancellation with the Commission pursuant to section 205 of 
the FPA to cancel their market-based rate tariff.
    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 will 
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

[[Page 8250]]

been revoked for failure to comply with the requirements of this order 
and the Commission's Electric Quarterly Report filing requirements.
    (B) The Secretary is hereby directed to publish this order in the 
Federal Register.

    By the Commission. Commissioner Kelliher is not participating.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-3931 Filed 2-23-09; 8:45 am]
BILLING CODE 6717-01-P

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