Kingfisher Wind, LLC; Order Granting Market-Based Rate Authorization and Request for Waivers and Providing Guidance on Vertical Market Power Representations, 38679-38684 [2015-16589]
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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
Docket Numbers: ER15–2082–000.
Applicants: ExxonMobil Baton Rouge
Complex.
Description: Compliance filing:
Compliance to be effective 7/1/2015.
Filed Date: 6/30/15.
Accession Number: 20150630–5266.
Comments Due: 5 p.m. ET 7/21/15.
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other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
Dated: June 30, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015–16603 Filed 7–6–15; 8:45 am]
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DEPARTMENT OF ENERGY
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time on the specified comment date.
The filings are accessible in the
Commission’s eLibrary system by
clicking on the links or querying the
docket number.
eFiling is encouraged. More detailed
information relating to filing
requirements, interventions, protests,
service, and qualifying facilities filings
can be found at: https://www.ferc.gov/
docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
Dated: June 29, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015–16588 Filed 7–6–15; 8:45 am]
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket Nos. ER15–1308–000; ER15–1308–
001]
Kingfisher Wind, LLC; Order Granting
Market-Based Rate Authorization and
Request for Waivers and Providing
Guidance on Vertical Market Power
Representations
Before Commissioners: Norman C. Bay,
Chairman; Philip D. Moeller, Cheryl A.
LaFleur, Tony Clark, and Colette D.
Honorable.
1. In this order, we grant Kingfisher
Wind, LLC (Kingfisher Wind) authority
to make wholesale sales of electric
energy, capacity, and ancillary services
at market-based rates, effective June 30,
2015, as requested. Also, as discussed
below, we grant Kingfisher Wind’s
request for waiver of the Commission’s
requirements to file an Open Access
Transmission Tariff (OATT), to establish
and maintain an Open Access SameTime Information System (OASIS), and
to comply with the Commission’s
Standards of Conduct. In addition, as
discussed below, we provide guidance
with regard to interconnection facilities
that qualify for the blanket OATT
waiver provided in Order No. 807.1 We
also grant Kingfisher Wind’s request for
other waivers commonly granted to
market-based rate sellers, except as
noted herein.
2. Additionally, we find that
Kingfisher Wind meets the criteria for a
Category 1 seller in the Northwest,
Northeast, Southwest, Southeast, and
Central regions and a Category 2 seller
in the Southwest Power Pool (SPP)
region, and is so designated. Kingfisher
Wind must file updated market power
analyses for the SPP region in
compliance with the regional reporting
schedule adopted in Order No. 697.2
1 Subsequent to the filing of this application, the
Commission issued Order No. 807, which will be
effective June 30, 2015. In Order No. 807, the
Commission amended its regulations to waive the
OATT requirements of 18 CFR 35.28, the OASIS
requirements of part 37, and the Standards of
Conduct requirements of part 358, under certain
conditions, for entities that own interconnection
facilities. See Open Access and Priority Rights on
Interconnection Customer’s Interconnection
Facilities, Order No. 807, FERC Stats. & Regs.
¶ 31,367 (2015).
2 See Market-Based Rates for Wholesale Sales of
Electric Energy, Capacity and Ancillary Services by
Public Utilities, Order No. 697, FERC Stats. & Regs.
¶ 31,252, at PP 848–850, clarified, 121 FERC
¶ 61,260 (2007) (Clarification Order), order on reh’g,
Order No. 697–A, FERC Stats. & Regs. ¶ 31,268,
clarified, 124 FERC ¶ 61,055, order on reh’g, Order
No. 697–B, FERC Stats. & Regs. ¶ 31,285 (2008),
order on reh’g, Order No. 697–C, FERC Stats. &
Continued
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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
I. Background
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3. On March 17, 2015, as amended
May 18, 2015, pursuant to section 205
of the Federal Power Act (FPA),3
Kingfisher Wind filed an application for
market-based rate authority with an
accompanying tariff providing for the
sale of electric energy, capacity, and
ancillary services at market-based rates.4
4. Kingfisher Wind states that it owns
a 298 megawatt (MW) wind generation
facility located in Canadian and
Kingfisher Counties, Oklahoma (the
Project), within the SPP market.
5. Kingfisher Wind states that it will
also own limited interconnection
facilities which will consist of 34.5
kilovolt (kV) collection lines and related
facilities, including a collection
substation, transformers and disconnect
switches, and a share of a 25-mile, 345
kV generator tie line and related
equipment and facilities (Shared
Facilities) 5 that are necessary to
interconnect the Project to the 345 kV
Cimarron substation owned by OG&E
and the transmission system operated
by SPP.
6. Kingfisher Wind states that it will
utilize the interconnection facilities
solely to interconnect the Project to the
transmission system operated by SPP.
Kingfisher Wind states that the
interconnection facilities do not
comprise an integrated transmission
system and are limited and discrete.
Kingfisher Wind requests that the
Commission waive the requirements
Regs. ¶ 31,291 (2009), order on reh’g, Order No.
697–D, FERC Stats. & Regs. ¶ 31,305 (2010), aff’d
sub nom. Mont. Consumer Counsel v. FERC, 659
F.3d 910 (9th Cir. 2011), cert. denied, 133 S. Ct. 26
(2012).
3 16 U.S.C. 824d (2012).
4 Kingfisher Wind requests authorization to sell
ancillary services in the markets administered by
PJM Interconnection, L.L.C., New York Independent
System Operator, Inc., ISO New England Inc.,
California Independent System Operator Corp.,
Midcontinent Independent System Operator, Inc.
(MISO), and SPP, as well as authorization to engage
in the sale of certain ancillary services as a thirdparty provider in other markets.
5 Kingfisher Wind states that it will acquire 30
percent tenancy-in-common interests of the Shared
Facilities from Canadian Hills Wind, LLC (Canadian
Hills). Kingfisher adds that Canadian Hills is an
exempt wholesale generator which owns and
operates a wind generation facility that is
interconnected with the Oklahoma Gas and Electric
Company (OG&E) transmission system via the
Shared Facilities. Kingfisher Wind states that the
Commission granted Canadian Hills waiver of the
OATT requirement. See Canadian Hills Wind, LLC,
143 FERC ¶ 61,261 (2013); see also Canadian Hills
Wind, LLC, Docket No. ER15–1372–000 (May 14,
2015) (delegated letter order).
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under Order Nos. 888,6 889,7 890,8
2004,9 and 717,10 and section 35.28,11
and Parts 37 12 and 358 13 of the
Commission’s regulations for all of the
limited interconnection facilities,
including but not limited to, the Shared
Facilities.
7. Kingfisher Wind states that it is a
wholly-owned subsidiary of FR
Kingfisher Holdings II LLC, which is an
indirect subsidiary of First Reserve
Energy Infrastructure Fund II, L.P.
(Fund II), which is controlled by senior
officers of First Reserve, a global private
equity firm focused on the energy
industry. Kingfisher Wind states that
Fund II is managed and controlled by its
general partner, First Reserve Energy
Infrastructure GP II, L.P., which in turn,
is managed and controlled by its general
partner, First Reserve Energy
Infrastructure G.P. II Limited (First
Reserve GP II). Kingfisher Wind states
that its affiliates that own or control
generation facilities in the United States
are either exempt wholesale generators
or owners of qualifying facilities under
6 Promoting Wholesale Competition Through
Open Access Non-Discriminatory Transmission
Services by Public Utilities; Recovery of Stranded
Costs by Public Utilities and Transmitting Utilities,
Order No. 888, FERC Stats. & Regs. ¶ 31,036 (1996),
order on reh’g, Order No. 888–A, FERC Stats. &
Regs. ¶ 31,048, order on reh’g, Order No. 888–B, 81
FERC ¶ 61,248 (1997), order on reh’g, Order No.
888–C, 82 FERC ¶ 61,046 (1998), aff’d in relevant
part sub nom. Transmission Access Policy Study
Group v. FERC, 225 F.3d 667 (D.C. Cir. 2000), aff’d
sub nom. New York v. FERC, 535 U.S. 1 (2002).
7 Open Access Same-Time Information System
and Standards of Conduct, Order No. 889, FERC
Stats. & Regs. ¶ 31,035 (1996), order on reh’g, Order
No. 889–A, FERC Stats. & Regs. ¶ 31,049, reh’g
denied, Order No. 889–B, 81 FERC ¶ 61,253 (1997).
8 Preventing Undue Discrimination and
Preference in Transmission Service, Order No. 890,
FERC Stats. & Regs. ¶ 31,241, order on reh’g, Order
No. 890–A, FERC Stats. & Regs. ¶ 31,261 (2007),
order on reh’g, Order No. 890–B, 123 FERC ¶ 61,299
(2008), order on reh’g, Order No. 890–C, 126 FERC
¶ 61,228, order on clarification, Order No. 890–D,
129 FERC ¶ 61,126 (2009).
9 Standards of Conduct for Transmission
Providers, Order No. 2004, FERC Stats. & Regs.
¶ 31,155 (2003), order on reh’g, Order No. 2004–A,
FERC Stats. & Regs. ¶ 31,161, order on reh’g, Order
No. 2004–B, FERC Stats. & Regs. ¶ 31,166, order on
reh’g, Order No. 2004–C, FERC Stats. & Regs.
¶ 31,172 (2004), order on reh’g, Order No. 2004–D,
110 FERC ¶ 61,320 (2005), vacated and remanded
as it applies to natural gas pipelines sub nom.
National Fuel Gas Supply Corp. v. FERC, 468 F.3d
831 (D.C. Cir. 2006); see Standards of Conduct for
Transmission Providers, Order No. 690, FERC Stats.
& Regs. ¶ 31,237, order on reh’g, Order No. 690–A,
FERC Stats. & Regs. ¶ 31,243 (2007).
10 Standards of Conduct for Transmission
Providers, Order No. 717, FERC Stats. & Regs.
¶ 31,280 (2008), order on reh’g, Order No. 717–A,
FERC Stats. & Regs. ¶ 31,297, order on reh’g, Order
No. 717–B, 129 FERC ¶ 61,123 (2009), order on
reh’g, Order No. 717–C, 131 FERC ¶ 61,045 (2010),
order on reh’g, Order No. 717–D, 135 FERC ¶ 61,017
(2011).
11 18 CFR 35.28 (2014).
12 18 CFR 37 (2014).
13 18 CFR 358 (2014).
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the Public Utility Regulatory Policies
Act of 1978.14 Kingfisher Wind
represents that it is affiliated with
approximately 918 MW of generation
capacity in the SPP market, all of which
is fully committed under long-term
power purchase agreements.
II. Notice of Filings
8. Notices of Kingfisher Wind’s filings
were published in the Federal
Register,15 with interventions and
protests due on or before June 9, 2015.
None was filed.
9. Notice of Kingfisher Wind’s request
for blanket authorization under part 34
of the Commission’s regulations was
separately published in the Federal
Register,16 with interventions or
protests due on or before April 7, 2015.
None was filed.
III. Discussion
10. As discussed below, we will grant
Kingfisher Wind’s request for
authorization to make wholesale sales of
electric energy, capacity, and ancillary
services at market-based rates and we
will accept its market-based rate tariff,
effective June 30, 2015, as requested.17
We will also grant Kingfisher Wind’s
request for certain waivers.
A. Market-Based Rate Authorization
11. The Commission allows power
sales at market-based rates if the seller
and its affiliates do not have, or have
adequately mitigated, horizontal and
vertical market power.18
1. Horizontal Market Power
12. The Commission has adopted two
indicative screens for assessing
horizontal market power: the pivotal
supplier screen and the wholesale
market share screen.19 The Commission
has stated that passage of both screens
establishes a rebuttable presumption
that the applicant does not possess
14 16
U.S.C. 2601 et seq. (2012).
FR 15,779 (2015); 80 FR 30,223 (2015).
16 80 FR 15,784 (2015).
17 We note that Kingfisher Wind is not being
granted authority to make third-party sales of
operating reserves to a public utility that is
purchasing ancillary services to satisfy its own open
access transmission tariff requirements to offer
ancillary services to its own customers. If
Kingfisher Wind seeks such authority, it must make
the required showing and receive Commission
authorization prior to making such sales. See ThirdParty Provision of Ancillary Services; Accounting
and Financial Reporting for New Electric Storage
Technologies, Order No. 784, FERC Stats. & Regs.
¶ 31,349, at PP 200–202 (2013), order on
clarification, Order No. 784–A, 146 FERC ¶ 61,114
(2014).
18 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at
PP 62, 399, 408, 440.
19 Id. P 62.
15 80
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horizontal market power, while failure
of either screen creates a rebuttable
presumption that the applicant has
horizontal market power.20
13. Kingfisher Wind represents that it
relies on Westar Energy, Inc.’s recently
accepted market power analysis to
demonstrate that Kingfisher Wind
passes both the pivotal supplier and the
wholesale market share screens for the
SPP market.21
14. Based on Kingfisher Wind’s
representations, we find that Kingfisher
Wind satisfies the Commission’s
requirements for market-based rates
regarding horizontal market power.
2. Vertical Market Power
15. In cases where a public utility, or
any of its affiliates, owns, operates, or
controls transmission facilities, the
Commission requires that there be a
Commission-approved OATT on file or
that the seller has received waiver of the
OATT requirement before granting a
seller market-based rate authorization.22
Kingfisher Wind states that neither
Kingfisher Wind nor its affiliates owns
transmission facilities other than those
limited and discrete facilities that are
necessary to interconnect generation
facilities to the transmission grid. As
discussed more fully below, the
Commission will grant Kingfisher
Wind’s request for waiver of the
requirement to have an OATT on file for
the interconnection facilities.
16. The Commission also considers a
seller’s ability to erect other barriers to
entry as part of the vertical market
power analysis.23 The Commission
requires a seller to provide a description
of its ownership or control of, or
affiliation with an entity that owns or
controls, intrastate natural gas
transportation, intrastate natural gas
storage or distribution facilities; sites for
new generation capacity development;
and physical coal supply sources and
ownership of or control over who may
access transportation of coal supplies
(collectively, inputs to electric power
production).24 The Commission also
20 Id.
PP 33, 62–63.
Westar Energy, Inc., Docket No. ER14–724–
000 (Feb. 28, 2014) (delegated letter order).
Kingfisher Wind relies on historical data for the
SPP market for the study period of December 2011
through November 2012 contained in the Westar
pivotal supplier and market share screens study.
Kingfisher Wind states that the use of more recent
data (i.e., December 2012 through November 2013)
would not result in significantly higher market
shares because conditions would not change
materially over one year. See Clarification Order,
121 FERC ¶ 61,260 at P 12.d.
22 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at
P 408.
23 Id. P 440.
24 Order No. 697–A, FERC Stats. & Regs. ¶ 31,268
at P 176.
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21 See
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requires sellers to make an affirmative
statement that they have not erected
barriers to entry into the relevant market
and will not erect barriers to entry into
the relevant market.25 The Commission
adopted a rebuttable presumption that
the ownership or control of, or
affiliation with any entity that owns or
controls, inputs to electric power
production does not allow a seller to
raise entry barriers but will allow
intervenors to demonstrate otherwise.26
17. Regarding other barriers to entry,
Kingfisher Wind states that neither it
nor any of its affiliates owns or controls
physical coal supply sources, entities
that may access transportation of coal
supplies, or sites to develop new
generation capacity. Kingfisher Wind
states that it has affiliates that own or
control intrastate natural gas
transportation, storage or distribution
facilities, but that these assets will not
allow Kingfisher Wind to erect barriers
to entry.27
18. Finally, consistent with Order No.
697, Kingfisher Wind affirmatively
states that it and its affiliates have not
erected, and will not erect, barriers to
entry in SPP.
19. Based on Kingfisher Wind’s
representations, we find that Kingfisher
Wind satisfies the Commission’s
requirements for market-based rates
regarding vertical market power.
B. Waiver Requests
1. OATT, OASIS, and Standards of
Conduct
20. Kingfisher Wind seeks waiver of
the requirements to file an OATT,
establish and maintain an OASIS, and
abide by the Standards of Conduct with
respect to the interconnection facilities
that it owns.28 In support, Kingfisher
Wind represents that the
interconnection facilities are limited
and discrete and that it will utilize them
solely to interconnect the Project to the
transmission system operated by SPP.
Kingfisher Wind further states that the
interconnection facilities do not
25 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at
P 447.
26 Id. P 446.
27 Kingfisher Wind states that it is affiliated with:
(1) Crestwood Midstream Partners, LP, which owns
gathering pipelines and natural gas storage facilities
located in a number of geographic regions,
including some gathering pipelines located in or
near SPP; (2) the Arthur C. Nielsen Pipeline System
and Clearfield Pipeline System, intrastate natural
gas pipelines located within Pennsylvania; and (3)
FREIF Caliber Holdings, which owns gathering
pipelines located in MISO. See Kingfisher Wind
May 18 Supplement at 2–3.
28 Notwithstanding the issuance of Order No. 807,
Kingfisher Wind requests that the Commission rule
on its requested waiver herein. Kingfisher Wind
May 18 Supplement at n.5.
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comprise an integrated transmission
system.
21. Order Nos. 888 and 890 and
section 35.28 of the Commission’s
regulations require public utilities that
own, operate, or control facilities used
for the transmission of electric energy in
interstate commerce to file an OATT.
Order No. 889 and part 37 of the
Commission’s regulations require public
utilities to establish and maintain an
OASIS. Order Nos. 889, 2004, and 717
and Part 358 of the Commission’s
regulations require public utilities to
abide by certain Standards of
Conduct.29 In prior orders, the
Commission has enunciated the
standards for exemption from some or
all of the requirements of Order Nos.
888, 889, and 890.30 The Commission
has stated that the criteria for waiver of
the requirements of Order No. 890 and
Order No. 2004 are unchanged from
those used to evaluate requests for
waiver under Order Nos. 888 and 889.31
Order No. 717 did not change those
criteria.32
22. The Commission may grant
requests for waiver of the obligation to
file an OATT to public utilities that can
show that they own, operate, or control
only limited and discrete transmission
facilities (facilities that do not form an
integrated transmission grid), until such
time as the public utility receives a
request for transmission service. Should
the public utility receive such a request,
the Commission has determined that the
public utility must file with the
Commission a pro forma tariff within 60
days of the date of the request, and must
comply with any additional
requirements that are effective on the
date of the request.33
23. The Commission has also
determined that waiver of the
requirement to establish an OASIS and
abide by the Standards of Conduct
would be appropriate for a public utility
if the applicant: (1) Owns, operates, or
controls only limited and discrete
transmission facilities (rather than an
integrated transmission grid); or (2) is a
small public utility that owns, operates,
or controls an integrated transmission
grid, unless other circumstances are
29 Order No. 889, FERC Stats. & Regs. ¶ 31,035 at
31,590; Order No. 2004, FERC Stats. &
Regs. ¶ 31,155 at P 16; Order No. 717, FERC Stats.
& Regs. ¶ 31,280 at P 313.
30 See, e.g., Black Creek Hydro, Inc., 77 FERC
¶ 61,232, at 61,941 (1996) (Black Creek); Entergy
Mississippi, Inc., 112 FERC ¶ 61,228, at P 22 (2005)
(Entergy).
31 See Alcoa Power Generating Inc., 120 FERC
¶ 61,035, at P 3 (2007); Alcoa Power Generating
Inc., 108 FERC ¶ 61,243, at P 27 (2004).
32 See Order No. 717, FERC Stats. & Regs.
¶ 31,280 at PP 31–33.
33 Black Creek, 77 FERC at 61,941.
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present that indicate that a waiver
would not be justified.34 The
Commission has held that waiver of
Order No. 889 will remain in effect until
the Commission takes action in
response to a complaint to the
Commission that an entity evaluating its
transmission needs could not get the
information necessary to complete its
evaluation (for OASIS waivers) or an
entity complains that the public utility
has unfairly used its access to
information about transmission to
benefit the utility or its affiliate (for
Standards of Conduct waivers).35
24. Based on the statements in
Kingfisher Wind’s application, we find
that its interconnection facilities qualify
as limited and discrete. Kingfisher Wind
will use the facilities solely to
interconnect the Project to the
transmission grid. Accordingly, we will
grant Kingfisher Wind waiver of the
requirements of Order Nos. 888 and 890
and section 35.28 of the Commission’s
regulations to have an OATT on file
with respect to the interconnection
facilities. However, if Kingfisher Wind
receives a request for transmission
service, it must file with the
Commission a pro forma OATT within
60 days of the date of the request.36
25. The Commission will also grant
Kingfisher Wind waiver of the
requirements of Order No. 889 and part
37 of the Commission’s regulations with
respect to OASIS and Order Nos. 889,
2004, and 717 and Part 358 with respect
to the Standards of Conduct. We note
that Kingfisher Wind’s waiver of the
requirement to establish an OASIS will
remain in effect until the Commission
takes action in response to a complaint
to the Commission that an entity
evaluating its transmission needs could
not get the information necessary to
complete its evaluation.37 Likewise,
Kingfisher Wind’s waiver of the
Standards of Conduct will remain in
effect unless and until the Commission
34 Id. Although the Commission originally
precluded waiver of the requirements for OASIS
and the Standards of Conduct for a small public
utility that is a member of a tight power pool, in
Black Hills Power, Inc., 135 FERC ¶ 61,058, at PP
2–3 (2011) (Black Hills), the Commission explained
that membership in a tight power pool is no longer
a factor in the determination for waiver of
Standards of Conduct. Moreover, Black Hills did
not affect waivers based on a public utility
disposing of no more than 4 million megawatthours annually.
35 Entergy, 112 FERC ¶ 61,228 at P 23 (citing
Cent. Minn. Mun. Power Agency, 79 FERC ¶ 61,260,
at 62,127 (1997) (Central Minnesota); Easton Utils.
Comm’n, 83 FERC ¶ 61,334, at 62,343 (1998)
(Easton)).
36 Black Creek, 77 FERC at 61,941.
37 Entergy, 112 FERC ¶ 61,228 at P 23 (citing
Central Minnesota, 79 FERC at 62,127; Easton, 83
FERC at 62,343).
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takes action on a complaint by an entity
that Kingfisher Wind has unfairly used
its access to information to unfairly
benefit itself or its affiliates.38
26. Given that Order No. 807 will be
effective June 30, 2015, we take this
opportunity to explain how marketbased rate applicants and sellers may
demonstrate a lack of vertical market
power once the blanket waiver provided
for in 18 CFR 35.28(d)(2) takes effect. In
Order No. 807, the Commission
modified its policy to provide an
additional method for obtaining waiver
of the OATT requirements. Specifically,
the Commission stated that a marketbased rate seller or any of its affiliates
that own, operate, or control
transmission facilities may satisfy the
vertical market power requirements in
18 CFR 35.37(d) by one of the following:
(1) Have a Commission-approved OATT
on file; (2) receive waiver of the OATT
requirement under 18 CFR 35.28(d)(1);
or (3) satisfy the requirements for a
blanket waiver under 18 CFR
35.28(d)(2).39
27. We provide guidance herein that
an applicant that qualifies for the
blanket OATT waiver under 18 CFR
35.28(d)(2) should affirm in its marketbased rate application that it qualifies
for the blanket OATT waiver. As the
Commission stated in Order No. 807,
‘‘[s]uch a waiver is justified because the
usually limited and discrete nature of
[Interconnection Customer’s
Interconnection Facilities (ICIF)] and
ICIF’s dedicated interconnection
purpose means that such facilities do
not typically present the concerns about
discriminatory conduct that the
Commission’s OATT, OASIS, and
Standards of Conduct requirements
were intended to address.’’ 40 In
accordance with Order No. 807, the
waivers referenced in 18 CFR
35.28(d)(2) shall be deemed in effect
unless revoked as of the date the public
utility ceases to satisfy the qualifications
of 18 CFR 35.28(d)(2), and also may be
revoked by the Commission if the
Commission determines that it is in the
public interest to do so.41 Thus,
38 Id. Kingfisher Wind must notify the
Commission if there is a material change in facts
that affects its waiver within 30 days of the date of
such change. Material Changes in Facts Underlying
Waiver of Order No. 889 and Part 358 of the
Commission’s Regulations, 127 FERC ¶ 61,141, at
P 5 (2009).
39 Order No. 807, FERC Stats. & Regs. ¶ 31,367 at
P 57.
40 Id. P 55.
41 Id. P 101 (‘‘the [blanket] waiver would be
deemed to be revoked as of the date the public
utility ceases to satisfy the qualifications for such
waiver. . . . [I]f the ICIF that are covered by a
blanket waiver become integrated into a
transmission system such that they can no longer
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Fmt 4703
Sfmt 4703
applicants who attest that they qualify
for the blanket authorization do not
need to request, nor should they
request, a waiver of the OATT, OASIS
and Standards of Conduct requirements.
We also note that the Commission stated
in Order No. 807 that an entity that has
already been issued a waiver of the
OATT, OASIS and Standards of
Conduct requirements and that is
eligible for the blanket waiver under
Order No. 807 will be deemed to be
operating under the blanket waiver
without further filings necessary with
respect to the previously-issued
waiver.42
28. As stated above, Kingfisher Wind
specifically requests that the
Commission rule on its requested OATT
waiver, and we hereby grant this waiver.
2. Other Waivers and Authorizations
29. Kingfisher Wind also requests the
following waivers and authorizations:
(1) Waiver of the filing requirements of
subparts B and C of part 35 of the
Commission’s regulations, except
sections 35.12(a), 35.13(b), 35.15, and
35.16; (2) waiver of the accounting and
other requirements of parts 41, 101, and
141 of the Commission’s regulations,
except sections 141.14 and 141.15; and
(3) blanket authorization under section
204 of the FPA 43 and Part 34 of the
Commission’s regulations for all future
issuances of securities and assumptions
of liability.
30. The Commission will grant the
requested waivers and authorizations
consistent with those granted to other
entities with market-based rate
authorizations.44 Notwithstanding the
be considered ICIF, the blanket waiver would be
deemed to be revoked.’’). After revocation of its
waivers, the public utility must comply with the
requirements that had been waived within 60 days
of revocation. Id. at regulatory text (to be codified
at 18 CFR 35.28(d)(2)(i)).
42 Id. P 176 (referencing P 89, which states, in
part, that ‘‘if an entity has previously received a
specific waiver of the OATT and related obligations
pursuant to the Commission’s ‘limited and discrete’
or ‘small entity’ standards, the blanket waiver will
supersede the existing waiver’’).
43 16 U.S.C. 824c (2012).
44 We note that the Commission has examined
and approved the continued applicability of the
waiver of its accounting and reporting requirements
in parts 41, 101, and 141 of the Commission’s
regulations, as well as the continued applicability
of the blanket authorization for the issuance of
securities and the assumption of liabilities in part
34 of the Commission’s regulations. See Order No.
697, FERC Stats. & Regs. ¶ 31,252 at PP 984–985
(regarding waiver of parts 41, 101, and 141) and PP
999–1000 (regarding blanket approval under part
34). However, waiver of the provisions of part 101
that apply to hydropower licensees is not granted
with respect to licensed hydropower projects.
Hydropower licensees are required to comply with
the requirements of the Uniform System of
Accounts pursuant to 18 CFR part 101 to the extent
necessary to carry out their responsibilities under
part I of the FPA. We further note that a licensee’s
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waiver of the accounting and reporting
requirements, the Commission expects
Kingfisher Wind to keep its accounting
records in accordance with generally
accepted accounting principles.
tkelley on DSK3SPTVN1PROD with NOTICES
C. Reporting Requirements
31. An entity with market-based rate
authorization must file an Electric
Quarterly Report (EQR) with the
Commission, consistent with Order Nos.
2001 45 and 768,46 to fulfill its
responsibility under FPA section
205(c) 47 to have rates on file in a
convenient form and place.48 Kingfisher
Wind must file EQRs electronically with
the Commission consistent with the
procedures set forth in Order No. 770.49
Failure to timely and accurately file an
EQR is a violation of the Commission’s
regulations for which Kingfisher Wind
may be subject to refund, civil penalties,
and/or revocation of market-based rate
authority.50
32. Additionally, Kingfisher Wind
must timely report to the Commission
any change in status that would reflect
a departure from the characteristics the
Commission relied upon in granting
market-based rate authority.51
status as a market-based rate seller under part II of
the FPA does not exempt it from its accounting
responsibilities as a licensee under part I of the
FPA. See Seneca Gen., LLC, 145 FERC ¶ 61,096, at
P 23 n.20 (2013) (citing Trafalgar Power Inc., 87
FERC ¶ 61,207, at 61,798 (1999) (noting that ‘‘all
licensees are required to comply with the
requirements of the Uniform System of Accounts to
the extent necessary to carry out their
responsibilities under [s]ections 4(b), 10(d) and 14
of the FPA’’)).
45 Revised Public Utility Filing Requirements,
Order No. 2001, FERC Stats. & Regs. ¶ 31,127, reh’g
denied, Order No. 2001–A, 100 FERC ¶ 61,074,
reh’g denied, Order No. 2001–B, 100 FERC ¶
61,342, order directing filing, Order No. 2001–C,
101 FERC ¶ 61,314 (2002), order directing filing,
Order No. 2001–D, 102 FERC ¶ 61,334, order
refining filing requirements, Order No. 2001–E, 105
FERC ¶ 61,352 (2003), order on clarification, Order
No. 2001–F, 106 FERC ¶ 61,060 (2004), order
revising filing requirements, Order No. 2001–G, 120
FERC ¶ 61,270, order on reh’g and clarification,
Order No. 2001–H, 121 FERC ¶ 61,289 (2007), order
revising filing requirements, Order No. 2001–I,
FERC Stats. & Regs. ¶ 31,282 (2008).
46 Electricity Mkt. Transparency Provisions of
Section 220 of the Fed. Power Act, Order No. 768,
FERC Stats. & Regs. ¶ 31,336 (2012), order on reh’g,
Order No. 768–A, 143 FERC ¶ 61,054 (2013).
47 16 U.S.C. 824d(c) (2012).
48 See Revisions to Electric Quarterly Report
Filing Process, Order No. 770, FERC Stats. & Regs.
¶ 31,338, at P 3 (2012) (citing Order No. 2001, FERC
Stats. & Regs. ¶ 31,127 at P 31).
49 Order No. 770, FERC Stats. & Regs. ¶ 31,338.
50 The exact filing dates for these reports are
prescribed in 18 CFR 35.10b (2014). Forfeiture of
market-based rate authority may require a new
application for market-based rate authority if the
applicant wishes to resume making sales at marketbased rates.
51 Reporting Requirement for Changes in Status
for Public Utilities with Market-Based Rate
Authority, Order No. 652, FERC Stats. & Regs. ¶
31,175, order on reh’g, 111 FERC ¶ 61,413 (2005);
18 CFR 35.42 (2014).
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33. In Order No. 697, the Commission
created two categories of sellers.52
Category 1 sellers are not required to file
regularly scheduled updated market
power analyses. Category 1 sellers are
wholesale power marketers and
wholesale power producers that own or
control 500 MW or less of generation in
aggregate per region; that do not own,
operate, or control transmission
facilities other than limited equipment
necessary to connect individual
generation facilities to the transmission
grid (or have been granted waiver of the
requirements of Order No. 888); that are
not affiliated with anyone that owns,
operates, or controls transmission
facilities in the same region as the
seller’s generation assets; that are not
affiliated with a franchised public
utility in the same region as the seller’s
generation assets; and that do not raise
other vertical market power issues.53
Sellers that do not fall into Category 1
are designated as Category 2 sellers and
are required to file updated market
power analyses.54
34. Kingfisher Wind requests Category
1 seller status in the Northwest,
Northeast, Southwest, Southeast, and
Central regions, and Category 2 seller
status in the SPP region. Kingfisher
Wind states that it is located in the SPP
region, where it and its affiliates own or
control more than 500 MW of generation
capacity. Kingfisher Wind represents
that it does not own or control
generation in any other region.
Kingfisher Wind further represents that
neither it nor its affiliates own, operate
or control transmission facilities other
than limited facilities necessary to
connect individual generating facilities
to the transmission grid. Kingfisher
Wind also represents that it is not
affiliated with any entity that owns,
operates or controls transmission
facilities in the same region as its
generation assets nor with a franchised
public utility in the same region as its
generation assets. Finally, Kingfisher
Wind represents that neither it nor its
affiliates raise other vertical market
power concerns.
35. Based on Kingfisher Wind’s
representations, we grant Kingfisher
Wind Category 1 seller status in the
Northwest, Northeast, Southwest,
Southeast and Central regions and
Category 2 seller status in the SPP
region. Kingfisher Wind must file an
updated market power analysis for the
SPP region in compliance with the
52 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at
P 848.
53 18 CFR 35.36(a) (2014).
54 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at
P 850.
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38683
regional reporting schedule adopted in
Order No. 697.55 The Commission also
reserves the right to require such an
analysis at any time for any region.56
The Commission orders:
(A) Kingfisher Wind’s market-based
rate tariff is hereby accepted for filing,
effective June 30, 2015, as requested, as
discussed in the body of this order.
(B) Kingfisher Wind’s request for
waiver of the requirements to file an
OATT, to establish and maintain an
OASIS, and to comply with the
Standards of Conduct is hereby granted,
as discussed in the body of this order.
(C) Waiver of the provisions of
subparts B and C of part 35 of the
Commission’s regulations, with the
exception of sections 35.12(a), 35.13(b),
35.15, and 35.16, is hereby granted.
(D) Waiver of part 101 of the
Commission’s regulations is hereby
granted, with the exception that waiver
of the provisions of Part 101 that apply
to hydropower licensees is not granted
with respect to licensed hydropower
projects. Waiver of parts 41 and 141 of
the Commission’s regulations is hereby
granted, with the exception of sections
141.14 and 141.15.
(E) Blanket authorization under part
34 of the Commission’s regulations for
all future issuances of securities and
assumptions of liability is hereby
granted. Kingfisher Wind is hereby
authorized to issue securities and
assume obligations or liabilities as
guarantor, indorser, surety, or otherwise
in respect of any security of another
person; provided that such issue or
assumption is for some lawful object
within the corporate purposes of
Kingfisher Wind, compatible with the
public interest, and reasonably
necessary or appropriate for such
purposes.
(F) The Commission reserves the right
to modify this order to require a further
showing that neither the public nor
private interests will be adversely
affected by continued Commission
approval of Kingfisher Wind’s issuance
of securities or assumptions of liability.
(G) Kingfisher Wind is hereby
required to file EQRs in compliance
with Order Nos. 2001 and 768. If the
effective date of Kingfisher Wind’s
market-based rate tariff falls within a
quarter of the year that has already
expired, Kingfisher Wind’s EQRs for the
expired quarter are due within 30 days
of the date of this order.
(H) The Secretary is hereby directed
to publish a copy of this order in the
Federal Register.
By the Commission.
55 Id.
56 Id.
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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
Issued: June 30, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015–16589 Filed 7–6–15; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2003–0026; FRL–9930–14–
OW]
Proposed Information Collection
Request; Comment Request; National
Water Quality Inventory Reports
(Renewal)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency is planning to submit an
information collection request (ICR),
‘‘National Water Quality Inventory
Reports (Renewal)’’ (EPA ICR No.
1560.11, OMB Control No. 2040–0071)
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
Before submitting the ICR to OMB, EPA
is soliciting public comments on
specific aspects of the proposed
information collection as described
below. This is a request for renewal of
an existing collection. 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.
DATES: Comments must be submitted on
or before September 8, 2015.
ADDRESSES: Submit your comments,
referencing Docket ID No. EPA–HQ–
OW–2003–0026, online using
www.regulations.gov (our preferred
method), by email to OW-Docket@
epa.gov, or by mail to: EPA Docket
Center, Environmental Protection
Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington,
DC 20460.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
the comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute.
FOR FURTHER INFORMATION CONTACT:
Charles Kovatch, Assessment and
Watershed Protection Division, Office of
Water, Mail Code: 4503T,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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20:31 Jul 06, 2015
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DC 20460; telephone number: 202–566–
0399# ; fax number: 202–566–1331;
email address: Kovatch.charles@
epa.gov.
SUPPLEMENTARY INFORMATION:
Supporting documents that explain in
detail the information that the EPA will
be collecting are available in the public
docket for this ICR. The docket can be
viewed online at www.regulations.gov
or in person at the EPA Docket Center,
WJC West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The telephone number for the
Docket Center is 202–566–1744. For
additional information about EPA’s
public docket, visit https://www.epa.gov/
dockets.
Pursuant to section 3506(c)(2)(A) of
the PRA, EPA is soliciting comments
and information to enable it to: (i)
Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Agency, including
whether the information will have
practical utility; (ii) evaluate the
accuracy of the Agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(iii) enhance the quality, utility, and
clarity of the information to be
collected; and (iv) minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses. EPA will consider the
comments received and amend the ICR
as appropriate. The final ICR package
will then be submitted to OMB for
review and approval. At that time, EPA
will issue another Federal Register
notice to announce the submission of
the ICR to OMB and the opportunity to
submit additional comments to OMB.
Abstract: The Clean Water Act section
305(b) reports contain information on
the water quality standards attainment
status of assessed waters, and, when
waters are impaired, the pollutants and
potential sources affecting water quality.
This information helps track State
progress in addressing water pollution.
Section 303(d) of the Clean Water Act
requires States to identify and rank
waters that cannot meet water quality
standards (WQS) following the
implementation of technology-based
controls. Under section 303(d), States
are also required to establish total
maximum daily loads (TMDLs) for
listed waters not meeting standards as a
result of pollutant discharges. In
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developing the section 303(d) lists,
States are required to consider various
sources of water quality related data and
information, including the section
305(b) State water quality reports.
Section 106(e) requires that states
annually update monitoring data and
use it in their section 305(b) report.
Section 314(a) requires states to report
on the condition of their publiclyowned lakes within the section 305(b)
report.
EPA’s Assessment and Watershed
Protection Division (AWPD) works with
its Regional counterparts to review and
approve or disapprove State section
303(d) lists and TMDLs from 56
respondents (the 50 States, the District
of Columbia, and the five Territories).
Section 303(d) specifically requires
States to develop lists and TMDLs ‘‘from
time to time,’’ and EPA to review and
approve or disapprove the lists and the
TMDLs. EPA also collects State 305(b)
reports from 59 respondents (the 50
States, the District of Columbia, five
Territories, and 3 River Basin
Commissions).
Tribes are not required to submit
section 305(b) reports. However, to meet
the needs of Tribes at all levels of
development, EPA has prepared
guidance that presents the basic steps a
Tribe should take to collect the water
quality information it needs to make
effective decisions about its program, its
goals, and its future directions. Tribal
water quality monitoring and reporting
activities are covered under the Section
106 Tribal Grants Program and not
included in the burden estimates for
this ICR.
During the period covered by this ICR
renewal, respondents will: Complete
their 2016 section 305(b) reports and
2016 section 303(d) lists; complete their
2018 section 305(b) reports and 2018
section 303(d) lists; transmit annual
electronic updates of ambient
monitoring data via the Water Quality
Exchange; and continue to develop
TMDLs according to their established
schedules. EPA will prepare biennial
updates on assessed and impaired
waters for Congress and the public for
the 2016 reporting cycle and for the
2018 cycle, and EPA will review 303(d)
list and TMDL submissions from
respondents.
The burdens of specific activities that
States undertake as part of their section
305(b) and 303(d) programs are derived
from a project among EPA, States and
other interested stakeholders to develop
a tool for estimating the States’ resource
needs for State water quality
management programs. This project has
developed the State Water Quality
Management Workload Model
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]]>Agencies
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38679-38684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16589]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. ER15-1308-000; ER15-1308-001]
Kingfisher Wind, LLC; Order Granting Market-Based Rate
Authorization and Request for Waivers and Providing Guidance on
Vertical Market Power Representations
Before Commissioners: Norman C. Bay, Chairman; Philip D. Moeller,
Cheryl A. LaFleur, Tony Clark, and Colette D. Honorable.
1. In this order, we grant Kingfisher Wind, LLC (Kingfisher Wind)
authority to make wholesale sales of electric energy, capacity, and
ancillary services at market-based rates, effective June 30, 2015, as
requested. Also, as discussed below, we grant Kingfisher Wind's request
for waiver of the Commission's requirements to file an Open Access
Transmission Tariff (OATT), to establish and maintain an Open Access
Same-Time Information System (OASIS), and to comply with the
Commission's Standards of Conduct. In addition, as discussed below, we
provide guidance with regard to interconnection facilities that qualify
for the blanket OATT waiver provided in Order No. 807.\1\ We also grant
Kingfisher Wind's request for other waivers commonly granted to market-
based rate sellers, except as noted herein.
---------------------------------------------------------------------------
\1\ Subsequent to the filing of this application, the Commission
issued Order No. 807, which will be effective June 30, 2015. In
Order No. 807, the Commission amended its regulations to waive the
OATT requirements of 18 CFR 35.28, the OASIS requirements of part
37, and the Standards of Conduct requirements of part 358, under
certain conditions, for entities that own interconnection
facilities. See Open Access and Priority Rights on Interconnection
Customer's Interconnection Facilities, Order No. 807, FERC Stats. &
Regs. ] 31,367 (2015).
---------------------------------------------------------------------------
2. Additionally, we find that Kingfisher Wind meets the criteria
for a Category 1 seller in the Northwest, Northeast, Southwest,
Southeast, and Central regions and a Category 2 seller in the Southwest
Power Pool (SPP) region, and is so designated. Kingfisher Wind must
file updated market power analyses for the SPP region in compliance
with the regional reporting schedule adopted in Order No. 697.\2\
---------------------------------------------------------------------------
\2\ See Market-Based Rates for Wholesale Sales of Electric
Energy, Capacity and Ancillary Services by Public Utilities, Order
No. 697, FERC Stats. & Regs. ] 31,252, at PP 848-850, clarified, 121
FERC ] 61,260 (2007) (Clarification Order), order on reh'g, Order
No. 697-A, FERC Stats. & Regs. ] 31,268, clarified, 124 FERC ]
61,055, order on reh'g, Order No. 697-B, FERC Stats. & Regs. ]
31,285 (2008), order on reh'g, Order No. 697-C, FERC Stats. & Regs.
] 31,291 (2009), order on reh'g, Order No. 697-D, FERC Stats. &
Regs. ] 31,305 (2010), aff'd sub nom. Mont. Consumer Counsel v.
FERC, 659 F.3d 910 (9th Cir. 2011), cert. denied, 133 S. Ct. 26
(2012).
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[[Page 38680]]
I. Background
3. On March 17, 2015, as amended May 18, 2015, pursuant to section
205 of the Federal Power Act (FPA),\3\ Kingfisher Wind filed an
application for market-based rate authority with an accompanying tariff
providing for the sale of electric energy, capacity, and ancillary
services at market-based rates.\4\
---------------------------------------------------------------------------
\3\ 16 U.S.C. 824d (2012).
\4\ Kingfisher Wind requests authorization to sell ancillary
services in the markets administered by PJM Interconnection, L.L.C.,
New York Independent System Operator, Inc., ISO New England Inc.,
California Independent System Operator Corp., Midcontinent
Independent System Operator, Inc. (MISO), and SPP, as well as
authorization to engage in the sale of certain ancillary services as
a third-party provider in other markets.
---------------------------------------------------------------------------
4. Kingfisher Wind states that it owns a 298 megawatt (MW) wind
generation facility located in Canadian and Kingfisher Counties,
Oklahoma (the Project), within the SPP market.
5. Kingfisher Wind states that it will also own limited
interconnection facilities which will consist of 34.5 kilovolt (kV)
collection lines and related facilities, including a collection
substation, transformers and disconnect switches, and a share of a 25-
mile, 345 kV generator tie line and related equipment and facilities
(Shared Facilities) \5\ that are necessary to interconnect the Project
to the 345 kV Cimarron substation owned by OG&E and the transmission
system operated by SPP.
---------------------------------------------------------------------------
\5\ Kingfisher Wind states that it will acquire 30 percent
tenancy-in-common interests of the Shared Facilities from Canadian
Hills Wind, LLC (Canadian Hills). Kingfisher adds that Canadian
Hills is an exempt wholesale generator which owns and operates a
wind generation facility that is interconnected with the Oklahoma
Gas and Electric Company (OG&E) transmission system via the Shared
Facilities. Kingfisher Wind states that the Commission granted
Canadian Hills waiver of the OATT requirement. See Canadian Hills
Wind, LLC, 143 FERC ] 61,261 (2013); see also Canadian Hills Wind,
LLC, Docket No. ER15-1372-000 (May 14, 2015) (delegated letter
order).
---------------------------------------------------------------------------
6. Kingfisher Wind states that it will utilize the interconnection
facilities solely to interconnect the Project to the transmission
system operated by SPP. Kingfisher Wind states that the interconnection
facilities do not comprise an integrated transmission system and are
limited and discrete. Kingfisher Wind requests that the Commission
waive the requirements under Order Nos. 888,\6\ 889,\7\ 890,\8\
2004,\9\ and 717,\10\ and section 35.28,\11\ and Parts 37 \12\ and 358
\13\ of the Commission's regulations for all of the limited
interconnection facilities, including but not limited to, the Shared
Facilities.
---------------------------------------------------------------------------
\6\ Promoting Wholesale Competition Through Open Access Non-
Discriminatory Transmission Services by Public Utilities; Recovery
of Stranded Costs by Public Utilities and Transmitting Utilities,
Order No. 888, FERC Stats. & Regs. ] 31,036 (1996), order on reh'g,
Order No. 888-A, FERC Stats. & Regs. ] 31,048, order on reh'g, Order
No. 888-B, 81 FERC ] 61,248 (1997), order on reh'g, Order No. 888-C,
82 FERC ] 61,046 (1998), aff'd in relevant part sub nom.
Transmission Access Policy Study Group v. FERC, 225 F.3d 667 (D.C.
Cir. 2000), aff'd sub nom. New York v. FERC, 535 U.S. 1 (2002).
\7\ Open Access Same-Time Information System and Standards of
Conduct, Order No. 889, FERC Stats. & Regs. ] 31,035 (1996), order
on reh'g, Order No. 889-A, FERC Stats. & Regs. ] 31,049, reh'g
denied, Order No. 889-B, 81 FERC ] 61,253 (1997).
\8\ Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, FERC Stats. & Regs. ] 31,241,
order on reh'g, Order No. 890-A, FERC Stats. & Regs. ] 31,261
(2007), order on reh'g, Order No. 890-B, 123 FERC ] 61,299 (2008),
order on reh'g, Order No. 890-C, 126 FERC ] 61,228, order on
clarification, Order No. 890-D, 129 FERC ] 61,126 (2009).
\9\ Standards of Conduct for Transmission Providers, Order No.
2004, FERC Stats. & Regs. ] 31,155 (2003), order on reh'g, Order No.
2004-A, FERC Stats. & Regs. ] 31,161, order on reh'g, Order No.
2004-B, FERC Stats. & Regs. ] 31,166, order on reh'g, Order No.
2004-C, FERC Stats. & Regs. ] 31,172 (2004), order on reh'g, Order
No. 2004-D, 110 FERC ] 61,320 (2005), vacated and remanded as it
applies to natural gas pipelines sub nom. National Fuel Gas Supply
Corp. v. FERC, 468 F.3d 831 (D.C. Cir. 2006); see Standards of
Conduct for Transmission Providers, Order No. 690, FERC Stats. &
Regs. ] 31,237, order on reh'g, Order No. 690-A, FERC Stats. & Regs.
] 31,243 (2007).
\10\ Standards of Conduct for Transmission Providers, Order No.
717, FERC Stats. & Regs. ] 31,280 (2008), order on reh'g, Order No.
717-A, FERC Stats. & Regs. ] 31,297, order on reh'g, Order No. 717-
B, 129 FERC ] 61,123 (2009), order on reh'g, Order No. 717-C, 131
FERC ] 61,045 (2010), order on reh'g, Order No. 717-D, 135 FERC ]
61,017 (2011).
\11\ 18 CFR 35.28 (2014).
\12\ 18 CFR 37 (2014).
\13\ 18 CFR 358 (2014).
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7. Kingfisher Wind states that it is a wholly-owned subsidiary of
FR Kingfisher Holdings II LLC, which is an indirect subsidiary of First
Reserve Energy Infrastructure Fund II, L.P. (Fund II), which is
controlled by senior officers of First Reserve, a global private equity
firm focused on the energy industry. Kingfisher Wind states that Fund
II is managed and controlled by its general partner, First Reserve
Energy Infrastructure GP II, L.P., which in turn, is managed and
controlled by its general partner, First Reserve Energy Infrastructure
G.P. II Limited (First Reserve GP II). Kingfisher Wind states that its
affiliates that own or control generation facilities in the United
States are either exempt wholesale generators or owners of qualifying
facilities under the Public Utility Regulatory Policies Act of
1978.\14\ Kingfisher Wind represents that it is affiliated with
approximately 918 MW of generation capacity in the SPP market, all of
which is fully committed under long-term power purchase agreements.
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\14\ 16 U.S.C. 2601 et seq. (2012).
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II. Notice of Filings
8. Notices of Kingfisher Wind's filings were published in the
Federal Register,\15\ with interventions and protests due on or before
June 9, 2015. None was filed.
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\15\ 80 FR 15,779 (2015); 80 FR 30,223 (2015).
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9. Notice of Kingfisher Wind's request for blanket authorization
under part 34 of the Commission's regulations was separately published
in the Federal Register,\16\ with interventions or protests due on or
before April 7, 2015. None was filed.
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\16\ 80 FR 15,784 (2015).
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III. Discussion
10. As discussed below, we will grant Kingfisher Wind's request for
authorization to make wholesale sales of electric energy, capacity, and
ancillary services at market-based rates and we will accept its market-
based rate tariff, effective June 30, 2015, as requested.\17\ We will
also grant Kingfisher Wind's request for certain waivers.
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\17\ We note that Kingfisher Wind is not being granted authority
to make third-party sales of operating reserves to a public utility
that is purchasing ancillary services to satisfy its own open access
transmission tariff requirements to offer ancillary services to its
own customers. If Kingfisher Wind seeks such authority, it must make
the required showing and receive Commission authorization prior to
making such sales. See Third-Party Provision of Ancillary Services;
Accounting and Financial Reporting for New Electric Storage
Technologies, Order No. 784, FERC Stats. & Regs. ] 31,349, at PP
200-202 (2013), order on clarification, Order No. 784-A, 146 FERC ]
61,114 (2014).
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A. Market-Based Rate Authorization
11. The Commission allows power sales at market-based rates if the
seller and its affiliates do not have, or have adequately mitigated,
horizontal and vertical market power.\18\
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\18\ Order No. 697, FERC Stats. & Regs. ] 31,252 at PP 62, 399,
408, 440.
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1. Horizontal Market Power
12. The Commission has adopted two indicative screens for assessing
horizontal market power: the pivotal supplier screen and the wholesale
market share screen.\19\ The Commission has stated that passage of both
screens establishes a rebuttable presumption that the applicant does
not possess
[[Page 38681]]
horizontal market power, while failure of either screen creates a
rebuttable presumption that the applicant has horizontal market
power.\20\
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\19\ Id. P 62.
\20\ Id. PP 33, 62-63.
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13. Kingfisher Wind represents that it relies on Westar Energy,
Inc.'s recently accepted market power analysis to demonstrate that
Kingfisher Wind passes both the pivotal supplier and the wholesale
market share screens for the SPP market.\21\
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\21\ See Westar Energy, Inc., Docket No. ER14-724-000 (Feb. 28,
2014) (delegated letter order). Kingfisher Wind relies on historical
data for the SPP market for the study period of December 2011
through November 2012 contained in the Westar pivotal supplier and
market share screens study. Kingfisher Wind states that the use of
more recent data (i.e., December 2012 through November 2013) would
not result in significantly higher market shares because conditions
would not change materially over one year. See Clarification Order,
121 FERC ] 61,260 at P 12.d.
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14. Based on Kingfisher Wind's representations, we find that
Kingfisher Wind satisfies the Commission's requirements for market-
based rates regarding horizontal market power.
2. Vertical Market Power
15. In cases where a public utility, or any of its affiliates,
owns, operates, or controls transmission facilities, the Commission
requires that there be a Commission-approved OATT on file or that the
seller has received waiver of the OATT requirement before granting a
seller market-based rate authorization.\22\ Kingfisher Wind states that
neither Kingfisher Wind nor its affiliates owns transmission facilities
other than those limited and discrete facilities that are necessary to
interconnect generation facilities to the transmission grid. As
discussed more fully below, the Commission will grant Kingfisher Wind's
request for waiver of the requirement to have an OATT on file for the
interconnection facilities.
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\22\ Order No. 697, FERC Stats. & Regs. ] 31,252 at P 408.
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16. The Commission also considers a seller's ability to erect other
barriers to entry as part of the vertical market power analysis.\23\
The Commission requires a seller to provide a description of its
ownership or control of, or affiliation with an entity that owns or
controls, intrastate natural gas transportation, intrastate natural gas
storage or distribution facilities; sites for new generation capacity
development; and physical coal supply sources and ownership of or
control over who may access transportation of coal supplies
(collectively, inputs to electric power production).\24\ The Commission
also requires sellers to make an affirmative statement that they have
not erected barriers to entry into the relevant market and will not
erect barriers to entry into the relevant market.\25\ The Commission
adopted a rebuttable presumption that the ownership or control of, or
affiliation with any entity that owns or controls, inputs to electric
power production does not allow a seller to raise entry barriers but
will allow intervenors to demonstrate otherwise.\26\
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\23\ Id. P 440.
\24\ Order No. 697-A, FERC Stats. & Regs. ] 31,268 at P 176.
\25\ Order No. 697, FERC Stats. & Regs. ] 31,252 at P 447.
\26\ Id. P 446.
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17. Regarding other barriers to entry, Kingfisher Wind states that
neither it nor any of its affiliates owns or controls physical coal
supply sources, entities that may access transportation of coal
supplies, or sites to develop new generation capacity. Kingfisher Wind
states that it has affiliates that own or control intrastate natural
gas transportation, storage or distribution facilities, but that these
assets will not allow Kingfisher Wind to erect barriers to entry.\27\
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\27\ Kingfisher Wind states that it is affiliated with: (1)
Crestwood Midstream Partners, LP, which owns gathering pipelines and
natural gas storage facilities located in a number of geographic
regions, including some gathering pipelines located in or near SPP;
(2) the Arthur C. Nielsen Pipeline System and Clearfield Pipeline
System, intrastate natural gas pipelines located within
Pennsylvania; and (3) FREIF Caliber Holdings, which owns gathering
pipelines located in MISO. See Kingfisher Wind May 18 Supplement at
2-3.
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18. Finally, consistent with Order No. 697, Kingfisher Wind
affirmatively states that it and its affiliates have not erected, and
will not erect, barriers to entry in SPP.
19. Based on Kingfisher Wind's representations, we find that
Kingfisher Wind satisfies the Commission's requirements for market-
based rates regarding vertical market power.
B. Waiver Requests
1. OATT, OASIS, and Standards of Conduct
20. Kingfisher Wind seeks waiver of the requirements to file an
OATT, establish and maintain an OASIS, and abide by the Standards of
Conduct with respect to the interconnection facilities that it
owns.\28\ In support, Kingfisher Wind represents that the
interconnection facilities are limited and discrete and that it will
utilize them solely to interconnect the Project to the transmission
system operated by SPP. Kingfisher Wind further states that the
interconnection facilities do not comprise an integrated transmission
system.
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\28\ Notwithstanding the issuance of Order No. 807, Kingfisher
Wind requests that the Commission rule on its requested waiver
herein. Kingfisher Wind May 18 Supplement at n.5.
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21. Order Nos. 888 and 890 and section 35.28 of the Commission's
regulations require public utilities that own, operate, or control
facilities used for the transmission of electric energy in interstate
commerce to file an OATT. Order No. 889 and part 37 of the Commission's
regulations require public utilities to establish and maintain an
OASIS. Order Nos. 889, 2004, and 717 and Part 358 of the Commission's
regulations require public utilities to abide by certain Standards of
Conduct.\29\ In prior orders, the Commission has enunciated the
standards for exemption from some or all of the requirements of Order
Nos. 888, 889, and 890.\30\ The Commission has stated that the criteria
for waiver of the requirements of Order No. 890 and Order No. 2004 are
unchanged from those used to evaluate requests for waiver under Order
Nos. 888 and 889.\31\ Order No. 717 did not change those criteria.\32\
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\29\ Order No. 889, FERC Stats. & Regs. ] 31,035 at 31,590;
Order No. 2004, FERC Stats. & Regs. ] 31,155 at P 16; Order No. 717,
FERC Stats. & Regs. ] 31,280 at P 313.
\30\ See, e.g., Black Creek Hydro, Inc., 77 FERC ] 61,232, at
61,941 (1996) (Black Creek); Entergy Mississippi, Inc., 112 FERC ]
61,228, at P 22 (2005) (Entergy).
\31\ See Alcoa Power Generating Inc., 120 FERC ] 61,035, at P 3
(2007); Alcoa Power Generating Inc., 108 FERC ] 61,243, at P 27
(2004).
\32\ See Order No. 717, FERC Stats. & Regs. ] 31,280 at PP 31-
33.
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22. The Commission may grant requests for waiver of the obligation
to file an OATT to public utilities that can show that they own,
operate, or control only limited and discrete transmission facilities
(facilities that do not form an integrated transmission grid), until
such time as the public utility receives a request for transmission
service. Should the public utility receive such a request, the
Commission has determined that the public utility must file with the
Commission a pro forma tariff within 60 days of the date of the
request, and must comply with any additional requirements that are
effective on the date of the request.\33\
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\33\ Black Creek, 77 FERC at 61,941.
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23. The Commission has also determined that waiver of the
requirement to establish an OASIS and abide by the Standards of Conduct
would be appropriate for a public utility if the applicant: (1) Owns,
operates, or controls only limited and discrete transmission facilities
(rather than an integrated transmission grid); or (2) is a small public
utility that owns, operates, or controls an integrated transmission
grid, unless other circumstances are
[[Page 38682]]
present that indicate that a waiver would not be justified.\34\ The
Commission has held that waiver of Order No. 889 will remain in effect
until the Commission takes action in response to a complaint to the
Commission that an entity evaluating its transmission needs could not
get the information necessary to complete its evaluation (for OASIS
waivers) or an entity complains that the public utility has unfairly
used its access to information about transmission to benefit the
utility or its affiliate (for Standards of Conduct waivers).\35\
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\34\ Id. Although the Commission originally precluded waiver of
the requirements for OASIS and the Standards of Conduct for a small
public utility that is a member of a tight power pool, in Black
Hills Power, Inc., 135 FERC ] 61,058, at PP 2-3 (2011) (Black
Hills), the Commission explained that membership in a tight power
pool is no longer a factor in the determination for waiver of
Standards of Conduct. Moreover, Black Hills did not affect waivers
based on a public utility disposing of no more than 4 million
megawatt-hours annually.
\35\ Entergy, 112 FERC ] 61,228 at P 23 (citing Cent. Minn. Mun.
Power Agency, 79 FERC ] 61,260, at 62,127 (1997) (Central
Minnesota); Easton Utils. Comm'n, 83 FERC ] 61,334, at 62,343 (1998)
(Easton)).
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24. Based on the statements in Kingfisher Wind's application, we
find that its interconnection facilities qualify as limited and
discrete. Kingfisher Wind will use the facilities solely to
interconnect the Project to the transmission grid. Accordingly, we will
grant Kingfisher Wind waiver of the requirements of Order Nos. 888 and
890 and section 35.28 of the Commission's regulations to have an OATT
on file with respect to the interconnection facilities. However, if
Kingfisher Wind receives a request for transmission service, it must
file with the Commission a pro forma OATT within 60 days of the date of
the request.\36\
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\36\ Black Creek, 77 FERC at 61,941.
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25. The Commission will also grant Kingfisher Wind waiver of the
requirements of Order No. 889 and part 37 of the Commission's
regulations with respect to OASIS and Order Nos. 889, 2004, and 717 and
Part 358 with respect to the Standards of Conduct. We note that
Kingfisher Wind's waiver of the requirement to establish an OASIS will
remain in effect until the Commission takes action in response to a
complaint to the Commission that an entity evaluating its transmission
needs could not get the information necessary to complete its
evaluation.\37\ Likewise, Kingfisher Wind's waiver of the Standards of
Conduct will remain in effect unless and until the Commission takes
action on a complaint by an entity that Kingfisher Wind has unfairly
used its access to information to unfairly benefit itself or its
affiliates.\38\
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\37\ Entergy, 112 FERC ] 61,228 at P 23 (citing Central
Minnesota, 79 FERC at 62,127; Easton, 83 FERC at 62,343).
\38\ Id. Kingfisher Wind must notify the Commission if there is
a material change in facts that affects its waiver within 30 days of
the date of such change. Material Changes in Facts Underlying Waiver
of Order No. 889 and Part 358 of the Commission's Regulations, 127
FERC ] 61,141, at P 5 (2009).
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26. Given that Order No. 807 will be effective June 30, 2015, we
take this opportunity to explain how market-based rate applicants and
sellers may demonstrate a lack of vertical market power once the
blanket waiver provided for in 18 CFR 35.28(d)(2) takes effect. In
Order No. 807, the Commission modified its policy to provide an
additional method for obtaining waiver of the OATT requirements.
Specifically, the Commission stated that a market-based rate seller or
any of its affiliates that own, operate, or control transmission
facilities may satisfy the vertical market power requirements in 18 CFR
35.37(d) by one of the following: (1) Have a Commission-approved OATT
on file; (2) receive waiver of the OATT requirement under 18 CFR
35.28(d)(1); or (3) satisfy the requirements for a blanket waiver under
18 CFR 35.28(d)(2).\39\
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\39\ Order No. 807, FERC Stats. & Regs. ] 31,367 at P 57.
---------------------------------------------------------------------------
27. We provide guidance herein that an applicant that qualifies for
the blanket OATT waiver under 18 CFR 35.28(d)(2) should affirm in its
market-based rate application that it qualifies for the blanket OATT
waiver. As the Commission stated in Order No. 807, ``[s]uch a waiver is
justified because the usually limited and discrete nature of
[Interconnection Customer's Interconnection Facilities (ICIF)] and
ICIF's dedicated interconnection purpose means that such facilities do
not typically present the concerns about discriminatory conduct that
the Commission's OATT, OASIS, and Standards of Conduct requirements
were intended to address.'' \40\ In accordance with Order No. 807, the
waivers referenced in 18 CFR 35.28(d)(2) shall be deemed in effect
unless revoked as of the date the public utility ceases to satisfy the
qualifications of 18 CFR 35.28(d)(2), and also may be revoked by the
Commission if the Commission determines that it is in the public
interest to do so.\41\ Thus, applicants who attest that they qualify
for the blanket authorization do not need to request, nor should they
request, a waiver of the OATT, OASIS and Standards of Conduct
requirements. We also note that the Commission stated in Order No. 807
that an entity that has already been issued a waiver of the OATT, OASIS
and Standards of Conduct requirements and that is eligible for the
blanket waiver under Order No. 807 will be deemed to be operating under
the blanket waiver without further filings necessary with respect to
the previously-issued waiver.\42\
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\40\ Id. P 55.
\41\ Id. P 101 (``the [blanket] waiver would be deemed to be
revoked as of the date the public utility ceases to satisfy the
qualifications for such waiver. . . . [I]f the ICIF that are covered
by a blanket waiver become integrated into a transmission system
such that they can no longer be considered ICIF, the blanket waiver
would be deemed to be revoked.''). After revocation of its waivers,
the public utility must comply with the requirements that had been
waived within 60 days of revocation. Id. at regulatory text (to be
codified at 18 CFR 35.28(d)(2)(i)).
\42\ Id. P 176 (referencing P 89, which states, in part, that
``if an entity has previously received a specific waiver of the OATT
and related obligations pursuant to the Commission's `limited and
discrete' or `small entity' standards, the blanket waiver will
supersede the existing waiver'').
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28. As stated above, Kingfisher Wind specifically requests that the
Commission rule on its requested OATT waiver, and we hereby grant this
waiver.
2. Other Waivers and Authorizations
29. Kingfisher Wind also requests the following waivers and
authorizations: (1) Waiver of the filing requirements of subparts B and
C of part 35 of the Commission's regulations, except sections 35.12(a),
35.13(b), 35.15, and 35.16; (2) waiver of the accounting and other
requirements of parts 41, 101, and 141 of the Commission's regulations,
except sections 141.14 and 141.15; and (3) blanket authorization under
section 204 of the FPA \43\ and Part 34 of the Commission's regulations
for all future issuances of securities and assumptions of liability.
---------------------------------------------------------------------------
\43\ 16 U.S.C. 824c (2012).
---------------------------------------------------------------------------
30. The Commission will grant the requested waivers and
authorizations consistent with those granted to other entities with
market-based rate authorizations.\44\ Notwithstanding the
[[Page 38683]]
waiver of the accounting and reporting requirements, the Commission
expects Kingfisher Wind to keep its accounting records in accordance
with generally accepted accounting principles.
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\44\ We note that the Commission has examined and approved the
continued applicability of the waiver of its accounting and
reporting requirements in parts 41, 101, and 141 of the Commission's
regulations, as well as the continued applicability of the blanket
authorization for the issuance of securities and the assumption of
liabilities in part 34 of the Commission's regulations. See Order
No. 697, FERC Stats. & Regs. ] 31,252 at PP 984-985 (regarding
waiver of parts 41, 101, and 141) and PP 999-1000 (regarding blanket
approval under part 34). However, waiver of the provisions of part
101 that apply to hydropower licensees is not granted with respect
to licensed hydropower projects. Hydropower licensees are required
to comply with the requirements of the Uniform System of Accounts
pursuant to 18 CFR part 101 to the extent necessary to carry out
their responsibilities under part I of the FPA. We further note that
a licensee's status as a market-based rate seller under part II of
the FPA does not exempt it from its accounting responsibilities as a
licensee under part I of the FPA. See Seneca Gen., LLC, 145 FERC ]
61,096, at P 23 n.20 (2013) (citing Trafalgar Power Inc., 87 FERC ]
61,207, at 61,798 (1999) (noting that ``all licensees are required
to comply with the requirements of the Uniform System of Accounts to
the extent necessary to carry out their responsibilities under
[s]ections 4(b), 10(d) and 14 of the FPA'')).
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C. Reporting Requirements
31. An entity with market-based rate authorization must file an
Electric Quarterly Report (EQR) with the Commission, consistent with
Order Nos. 2001 \45\ and 768,\46\ to fulfill its responsibility under
FPA section 205(c) \47\ to have rates on file in a convenient form and
place.\48\ Kingfisher Wind must file EQRs electronically with the
Commission consistent with the procedures set forth in Order No.
770.\49\ Failure to timely and accurately file an EQR is a violation of
the Commission's regulations for which Kingfisher Wind may be subject
to refund, civil penalties, and/or revocation of market-based rate
authority.\50\
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\45\ Revised Public Utility Filing Requirements, Order No. 2001,
FERC Stats. & Regs. ] 31,127, reh'g denied, Order No. 2001-A, 100
FERC ] 61,074, reh'g denied, Order No. 2001-B, 100 FERC ] 61,342,
order directing filing, Order No. 2001-C, 101 FERC ] 61,314 (2002),
order directing filing, Order No. 2001-D, 102 FERC ] 61,334, order
refining filing requirements, Order No. 2001-E, 105 FERC ] 61,352
(2003), order on clarification, Order No. 2001-F, 106 FERC ] 61,060
(2004), order revising filing requirements, Order No. 2001-G, 120
FERC ] 61,270, order on reh'g and clarification, Order No. 2001-H,
121 FERC ] 61,289 (2007), order revising filing requirements, Order
No. 2001-I, FERC Stats. & Regs. ] 31,282 (2008).
\46\ Electricity Mkt. Transparency Provisions of Section 220 of
the Fed. Power Act, Order No. 768, FERC Stats. & Regs. ] 31,336
(2012), order on reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013).
\47\ 16 U.S.C. 824d(c) (2012).
\48\ See Revisions to Electric Quarterly Report Filing Process,
Order No. 770, FERC Stats. & Regs. ] 31,338, at P 3 (2012) (citing
Order No. 2001, FERC Stats. & Regs. ] 31,127 at P 31).
\49\ Order No. 770, FERC Stats. & Regs. ] 31,338.
\50\ The exact filing dates for these reports are prescribed in
18 CFR 35.10b (2014). Forfeiture of market-based rate authority may
require a new application for market-based rate authority if the
applicant wishes to resume making sales at market-based rates.
---------------------------------------------------------------------------
32. Additionally, Kingfisher Wind must timely report to the
Commission any change in status that would reflect a departure from the
characteristics the Commission relied upon in granting market-based
rate authority.\51\
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\51\ Reporting Requirement for Changes in Status for Public
Utilities with Market-Based Rate Authority, Order No. 652, FERC
Stats. & Regs. ] 31,175, order on reh'g, 111 FERC ] 61,413 (2005);
18 CFR 35.42 (2014).
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33. In Order No. 697, the Commission created two categories of
sellers.\52\ Category 1 sellers are not required to file regularly
scheduled updated market power analyses. Category 1 sellers are
wholesale power marketers and wholesale power producers that own or
control 500 MW or less of generation in aggregate per region; that do
not own, operate, or control transmission facilities other than limited
equipment necessary to connect individual generation facilities to the
transmission grid (or have been granted waiver of the requirements of
Order No. 888); that are not affiliated with anyone that owns,
operates, or controls transmission facilities in the same region as the
seller's generation assets; that are not affiliated with a franchised
public utility in the same region as the seller's generation assets;
and that do not raise other vertical market power issues.\53\ Sellers
that do not fall into Category 1 are designated as Category 2 sellers
and are required to file updated market power analyses.\54\
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\52\ Order No. 697, FERC Stats. & Regs. ] 31,252 at P 848.
\53\ 18 CFR 35.36(a) (2014).
\54\ Order No. 697, FERC Stats. & Regs. ] 31,252 at P 850.
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34. Kingfisher Wind requests Category 1 seller status in the
Northwest, Northeast, Southwest, Southeast, and Central regions, and
Category 2 seller status in the SPP region. Kingfisher Wind states that
it is located in the SPP region, where it and its affiliates own or
control more than 500 MW of generation capacity. Kingfisher Wind
represents that it does not own or control generation in any other
region. Kingfisher Wind further represents that neither it nor its
affiliates own, operate or control transmission facilities other than
limited facilities necessary to connect individual generating
facilities to the transmission grid. Kingfisher Wind also represents
that it is not affiliated with any entity that owns, operates or
controls transmission facilities in the same region as its generation
assets nor with a franchised public utility in the same region as its
generation assets. Finally, Kingfisher Wind represents that neither it
nor its affiliates raise other vertical market power concerns.
35. Based on Kingfisher Wind's representations, we grant Kingfisher
Wind Category 1 seller status in the Northwest, Northeast, Southwest,
Southeast and Central regions and Category 2 seller status in the SPP
region. Kingfisher Wind must file an updated market power analysis for
the SPP region in compliance with the regional reporting schedule
adopted in Order No. 697.\55\ The Commission also reserves the right to
require such an analysis at any time for any region.\56\
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\55\ Id.
\56\ Id. P 853.
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The Commission orders:
(A) Kingfisher Wind's market-based rate tariff is hereby accepted
for filing, effective June 30, 2015, as requested, as discussed in the
body of this order.
(B) Kingfisher Wind's request for waiver of the requirements to
file an OATT, to establish and maintain an OASIS, and to comply with
the Standards of Conduct is hereby granted, as discussed in the body of
this order.
(C) Waiver of the provisions of subparts B and C of part 35 of the
Commission's regulations, with the exception of sections 35.12(a),
35.13(b), 35.15, and 35.16, is hereby granted.
(D) Waiver of part 101 of the Commission's regulations is hereby
granted, with the exception that waiver of the provisions of Part 101
that apply to hydropower licensees is not granted with respect to
licensed hydropower projects. Waiver of parts 41 and 141 of the
Commission's regulations is hereby granted, with the exception of
sections 141.14 and 141.15.
(E) Blanket authorization under part 34 of the Commission's
regulations for all future issuances of securities and assumptions of
liability is hereby granted. Kingfisher Wind is hereby authorized to
issue securities and assume obligations or liabilities as guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issue or assumption is for some lawful
object within the corporate purposes of Kingfisher Wind, compatible
with the public interest, and reasonably necessary or appropriate for
such purposes.
(F) The Commission reserves the right to modify this order to
require a further showing that neither the public nor private interests
will be adversely affected by continued Commission approval of
Kingfisher Wind's issuance of securities or assumptions of liability.
(G) Kingfisher Wind is hereby required to file EQRs in compliance
with Order Nos. 2001 and 768. If the effective date of Kingfisher
Wind's market-based rate tariff falls within a quarter of the year that
has already expired, Kingfisher Wind's EQRs for the expired quarter are
due within 30 days of the date of this order.
(H) The Secretary is hereby directed to publish a copy of this
order in the Federal Register.
By the Commission.
[[Page 38684]]
Issued: June 30, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-16589 Filed 7-6-15; 8:45 am]
BILLING CODE 6717-01-P
