Order on Intent To Revoke Market-Based Rate Authority, 38516 [2010-16131]
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Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices
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
Order on Intent To Revoke MarketBased Rate Authority
Issued June 25, 2010.
Before Commissioners: Jon Wellinghoff,
Chairman; Marc Spitzer, Philip D. Moeller,
and John R. Norris.
In the matter of: ER02–2001–015, ER00–
167–000, ER03–752–000, Electric Quarterly
Reports, Strategic Energy Management Corp.,
Solaro Energy Marketing Corporation.
1. Section 205 of the Federal Power
Act (FPA), 16 U.S.C. 824d (2006), and
18 CFR part 35 (2009), 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:
[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:
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[o]nce this rule becomes effective, the
requirement to comply with this rule will
18:27 Jul 01, 2010
Jkt 220001
3 Id.
P 223.
e.g., Electric Quarterly Reports, 75 FR
19,646 (Apr. 15, 2010); Electric Quarterly Reports,
74 FR 44,841 (Aug. 31, 2009).
5 See Solaro Energy Marketing Corporation,
Docket No. ER03–752–000 (April 22, 2010)
(unpublished letter order); Strategic Energy
Management Corp., Docket No. ER00–167–000
(April 22, 2010) (unpublished letter order).
6 According to the Commission’s records, both
companies subject to this order failed to file their
Electric Quarterly Reports for the 4th quarter of
2009 and the 1st quarter of 2010.
4 See,
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.
VerDate Mar<15>2010
5. Pursuant to these requirements, the
Commission has revoked the marketbased rate tariffs of several market-based
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 first
quarter of 2010. 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
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
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
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.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010–16131 Filed 7–1–10; 8:45 am]
BILLING CODE 6717–01–P
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AGENCY
[EPA–R01–OW–2010–0316, FRL–9170–4]
Massachusetts Marine Sanitation
Device Standard—Notice of
Determination
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of determination.
SUMMARY: The Regional Administrator
of the Environmental Protection
Agency—New England Region, has
determined that adequate facilities for
the safe and sanitary removal and
treatment of sewage from all vessels are
reasonably available for the coastal
waters of Pleasant Bay/Chatham Harbor,
MA.
ADDRESSES: Docket: All documents in
the docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available electronically in
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ann
Rodney, U.S. Environmental Protection
Agency—New England Region, Office of
Ecosystem Protection, Oceans and
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MA 02109–3912. Telephone: (617) 918–
1538. Fax number: (617) 918–0538. Email address: rodney.ann@epa.gov.
E:\FR\FM\02JYN1.SGM
02JYN1
]]>Agencies
[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Page 38516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16131]
[[Page 38516]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Order on Intent To Revoke Market-Based Rate Authority
Issued June 25, 2010.
Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer,
Philip D. Moeller, and John R. Norris.
In the matter of: ER02-2001-015, ER00-167-000, ER03-752-000,
Electric Quarterly Reports, Strategic Energy Management Corp.,
Solaro Energy Marketing Corporation.
1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2006), and 18 CFR part 35 (2009), 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, 75 FR 19,646 (Apr.
15, 2010); Electric Quarterly Reports, 74 FR 44,841 (Aug. 31, 2009).
---------------------------------------------------------------------------
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 first quarter of 2010.
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.
---------------------------------------------------------------------------
\5\ See Solaro Energy Marketing Corporation, Docket No. ER03-
752-000 (April 22, 2010) (unpublished letter order); Strategic
Energy Management Corp., Docket No. ER00-167-000 (April 22, 2010)
(unpublished letter order).
\6\ According to the Commission's records, both companies
subject to this order failed to file their Electric Quarterly
Reports for the 4th quarter of 2009 and the 1st quarter of 2010.
---------------------------------------------------------------------------
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 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.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-16131 Filed 7-1-10; 8:45 am]
BILLING CODE 6717-01-P
