Order on Intent To Revoke Market-Based Rate Authority, 5508-5509 [2012-2451]

Download as PDF 5508 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Notices For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov; call tollfree at (866) 208–3676; or, for TTY, contact (202) 502–8659. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, mail an original and seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. Please put the project number (P–2299–075) on the first page of the filing. If no such motions are filed, the restricted service list will be effective at the end of the 15 day period. Otherwise, a further notice will be issued ruling on any motion or motions filed within the 15 day period. Dated: January 27, 2012. Kimberly D. Bose, Secretary. [FR Doc. 2012–2379 Filed 2–2–12; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Order on Intent To Revoke MarketBased Rate Authority Issued January 31, 2012. tkelley on DSK3SPTVN1PROD with NOTICES Before Commissioners: Jon Wellinghoff, Chairman; Philip D. Moeller, John R. Norris, and Cheryl A. LaFleur. In the matter of: ER02–2001–017, Electric Quarterly Reports, ER07–491–000, Acacia Energy, Inc., ER07–155–000, LBPC Power, Inc., ER01–2311–000, Nordic Energy, L.L.C., ER03–888–000, Nordic Marketing of Illinois, L.L.C., ER04–264–000, Nordic Marketing of Michigan, L.L.C., ER00–774–000, Nordic Marketing, L.L.C., ER07–594–000, Pirin Solutions, Inc., ER95–581–000, Tennessee Power Company. 1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d (2006), and 18 CFR part 35 (2011), 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 VerDate Mar<15>2010 20:48 Feb 02, 2012 Jkt 226001 long-term power sales during the most recent calendar quarter.1 2. Commission staff’s review of the Electric Quarterly Report submittals indicates that eight public 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 marketbased 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 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 eight public utilities with authority to sell power at market-based rates that failed to file Electric Quarterly Reports.5 Commission 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, FERC Stats & Regs. ¶ 31,127 at P 222. 3 Id. P 223. 4 See, e.g., Electric Quarterly Reports, 75 FR 63,468 (Oct. 15, 2010); Electric Quarterly Reports, 75 FR 45,111 (Aug. 2, 2010). 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: Respondent and Last Quarter Filed Acacia Energy, Inc.—2010, Quarter 1 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 staff contacted these entities to remind them of their regulatory obligations.6 Despite these reminders, the eight public utilities listed in the caption of this order have not met these obligations. 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 Reports 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 subject to this order fails to make these filings, 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 LBPC Power, Inc.—2010, Quarter 1 Nordic Energy, L.L.C.—2010, Quarter 2 Nordic Marketing of Illinois, L.L.C.—2010, Quarter 2 Nordic Marketing of Michigan, L.L.C.—2010, Quarter 2 Nordic Marketing, L.L.C.—2010, Quarter 2 Pirin Solutions, Inc.—2010, Quarter 1 Tennessee Power Company—2010, Quarter 1 6 See Acacia Energy, Inc., Docket No. ER07–491– 000 (Aug. 18, 2011) (unpublished letter order); LBPC Power, Inc., Docket No. ER07–155–000 (Aug. 18, 2011) (unpublished letter order); Nordic Energy, L.L.C., Docket No. ER01–2311–000 (Aug. 18, 2011) (unpublished letter order); Nordic Marketing of Illinois, L.L.C., Docket No. ER03–888–000 (Aug. 18, 2011) (unpublished letter order); Nordic Marketing of Michigan, L.L.C., Docket No. ER04–264–000 (Aug. 18, 2011) (unpublished letter order); Nordic Marketing, L.L.C., Docket No. ER00–774–000 (Aug. 18, 2011) (unpublished letter order); Pirin Solutions, Inc., Docket No. ER07–594–000 (Aug. 18, 2011) (unpublished letter order); Tennessee Power Company, Docket No. ER95–581–000 (Aug. 18, 2011) (unpublished letter order). E:\FR\FM\03FEN1.SGM 03FEN1 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Notices 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. BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IS12–88–000] Dixie Pipeline Company LLC; Notice of Technical Conference tkelley on DSK3SPTVN1PROD with NOTICES Take notice that the Commission will convene a technical conference on Tuesday, February 28, 2012, at 9 a.m. (EDT), in a room to be designated at the offices of the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.1 The technical conference will address all aspects of Dixie’s FERC Tariff No. 99.1.0, which cancels FERC Tariff No. 99.0.0 and modifies language regarding Injection Capacity Allocation under Item 70 ‘‘Proration,’’ as discussed in the Commission’s Order issued on January 13, 2012.2 Dixie’s proposed revision would affect the manner in which longhaul shippers’ historical volumes are used in allocating capacity during periods of constraint. FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an email to accessibility@ferc.gov or call toll free (866) 208–3372 (voice) or (202) 502– 8659 (TTY), or send a fax to (202) 208– 2106 with the required accommodations. All interested persons are permitted to attend. For further information please contact Jenifer Lucas at (202) 502–8362 or email jenifer.lucas@ferc.gov. Dated: January 26, 2012. Kimberly D. Bose, Secretary. [FR Doc. 2012–2385 Filed 2–2–12; 8:45 am] BILLING CODE 6717–01–P 1 Dixie Pipeline Company has changed its name to Dixie Pipeline Company LLC. 2 Dixie Pipeline Co., 138 FERC ¶ 61,022 (2012). 20:48 Feb 02, 2012 [EPA–HQ–OPPT–2012–0051; FRL–9335–8] Certain New Chemicals; Receipt and Status Information Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Chemical Substances Inventory (TSCA Inventory)) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish in the Federal Register a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish in the Federal Register periodic status reports on the new chemicals under review and the receipt of notices of commencement (NOC) to manufacture those chemicals. This document, which covers the period from January 2, 2012 to January 13, 2012, and provides the required notice and status report, consists of the PMNs pending or expired, and the NOC to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. DATES: Comments identified by the specific PMN number or TME number, must be received on or before March 5, 2012. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2012–0051, and the specific PMN number or TME number for the chemical related to your comment, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. • Hand Delivery: OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is (202) 564–8930. Such deliveries are only accepted during the DCO’s normal hours of operation, and special SUMMARY: [FR Doc. 2012–2451 Filed 2–2–12; 8:45 am] VerDate Mar<15>2010 ENVIRONMENTAL PROTECTION AGENCY Jkt 226001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 5509 arrangements should be made for deliveries of boxed information. Instructions: EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the docket index available at https://www.regulations.gov. 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 at https://www.regulations.gov, or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be E:\FR\FM\03FEN1.SGM 03FEN1

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[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Notices]
[Pages 5508-5509]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2451]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Order on Intent To Revoke Market-Based Rate Authority

Issued January 31, 2012.

Before Commissioners: Jon Wellinghoff, Chairman; Philip D. Moeller, 
John R. Norris, and Cheryl A. LaFleur.

    In the matter of: ER02-2001-017, Electric Quarterly Reports, 
ER07-491-000, Acacia Energy, Inc., ER07-155-000, LBPC Power, Inc., 
ER01-2311-000, Nordic Energy, L.L.C., ER03-888-000, Nordic Marketing 
of Illinois, L.L.C., ER04-264-000, Nordic Marketing of Michigan, 
L.L.C., ER00-774-000, Nordic Marketing, L.L.C., ER07-594-000, Pirin 
Solutions, Inc., ER95-581-000, Tennessee Power Company.

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d 
(2006), and 18 CFR part 35 (2011), 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).
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    2. Commission staff's review of the Electric Quarterly Report 
submittals indicates that eight public 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, FERC Stats & Regs. ] 31,127 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 63,468 (Oct. 
15, 2010); Electric Quarterly Reports, 75 FR 45,111 (Aug. 2, 2010).
---------------------------------------------------------------------------

    6. As noted above, Commission staff's review of the Electric 
Quarterly Report submittals identified eight public utilities with 
authority to sell power at market-based rates that failed to file 
Electric Quarterly Reports.\5\ Commission staff contacted these 
entities to remind them of their regulatory obligations.\6\ Despite 
these reminders, the eight public utilities listed in the caption of 
this order have not met these obligations. 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.
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    \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:
    Respondent and Last Quarter Filed
    Acacia Energy, Inc.--2010, Quarter 1
    LBPC Power, Inc.--2010, Quarter 1
    Nordic Energy, L.L.C.--2010, Quarter 2
    Nordic Marketing of Illinois, L.L.C.--2010, Quarter 2
    Nordic Marketing of Michigan, L.L.C.--2010, Quarter 2
    Nordic Marketing, L.L.C.--2010, Quarter 2
    Pirin Solutions, Inc.--2010, Quarter 1
    Tennessee Power Company--2010, Quarter 1
    \6\ See Acacia Energy, Inc., Docket No. ER07-491-000 (Aug. 18, 
2011) (unpublished letter order); LBPC Power, Inc., Docket No. ER07-
155-000 (Aug. 18, 2011) (unpublished letter order); Nordic Energy, 
L.L.C., Docket No. ER01-2311-000 (Aug. 18, 2011) (unpublished letter 
order); Nordic Marketing of Illinois, L.L.C., Docket No. ER03-888-
000 (Aug. 18, 2011) (unpublished letter order); Nordic Marketing of 
Michigan, L.L.C., Docket No. ER04-264-000 (Aug. 18, 2011) 
(unpublished letter order); Nordic Marketing, L.L.C., Docket No. 
ER00-774-000 (Aug. 18, 2011) (unpublished letter order); Pirin 
Solutions, Inc., Docket No. ER07-594-000 (Aug. 18, 2011) 
(unpublished letter order); Tennessee Power Company, Docket No. 
ER95-581-000 (Aug. 18, 2011) (unpublished letter order).
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    7. In the event that any of the above-captioned market-based rate 
sellers has already filed its Electric Quarterly Reports 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 subject to this order fails to make these filings, 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

[[Page 5509]]

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. 2012-2451 Filed 2-2-12; 8:45 am]
BILLING CODE 6717-01-P
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