Order on Intent To Revoke Market-Based Rate Authority, 76345-76346 [2016-26422]

Download as PDF Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices Applicants: Natural Gas Pipeline Company of America. Description: § 4(d) Rate Filing: Tenaska Marketing Negotiated Rate to be effective 11/1/2016. Filed Date: 10/25/16. Accession Number: 20161025–5109. Comments Due: 5 p.m. ET 11/7/16. Docket Numbers: RP17–62–000. Applicants: Iroquois Gas Transmission System, L.P. Description: § 4(d) Rate Filing: 10/25/16 Negotiated Rates—Mercuria Energy America, Inc. (HUB) 7450–89 to be effective 11/1/2016. Filed Date: 10/25/16. Accession Number: 20161025–5110. Comments Due: 5 p.m. ET 11/7/16. The filings are accessible in the Commission’s eLibrary system by clicking on the links or querying the docket number. Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission’s Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://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: October 26, 2016. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2016–26443 Filed 11–1–16; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Order on Intent To Revoke MarketBased Rate Authority Before Commissioners: Norman C. Bay, Chairman; Cheryl A. LaFleur, and Colette D. Honorable. sradovich on DSK3GMQ082PROD with NOTICES Docket Nos. Electric Quarterly Reports AP&G Holdings LLC .......... Bargain Energy, LLC ......... CES Placerita, Incorporated. Crawfordsville Energy, LLC DES Wholesale, LLC ......... Dillon Power, LLC .............. VerDate Sep<11>2014 ER02–2001–020 ER12–2430–000 ER14–1343–001 ER14–57–000 ER15–631–001 ER12–1770–001 ER15–1810–000 17:18 Nov 01, 2016 Jkt 241001 Docket Nos. DownEast Power Company, LLC. Escanaba Green Energy, LLC. GearyEnergy, LLC ............. LVI Power, LLC ................. Madstone Energy Corp ..... NiGen, LLC ........................ R&R Energy, Inc ................ Societe Generale Energy LLC. Tall Bear Group, LLC ........ Western Reserve Energy Services, LLC. ER10–1304–002 ER12–2307–001 ER10–2817–000 ER12–2484–000 ER11–4482–000 ER15–567–001 ER11–4711–002 ER11–2775–000 ER12–2374–000 ER13–1706–000 1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d (2012), and 18 CFR part 35 (2016), require, among other things, that all rates, terms, and conditions of jurisdictional services be filed with the Commission. In Order No. 2001, the Commission revised its public utility filing requirements and established a requirement for public utilities, including power marketers, to file Electric Quarterly Reports summarizing the contractual terms and conditions in their agreements for all jurisdictional services (including market-based power sales, cost-based power sales, and transmission service) and providing transaction information (including rates) for short-term and long-term power sales during the most recent calendar quarter.1 2. The Commission requires sellers with market-based rate authorization to file Electric Quarterly Reports.2 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, 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). See also Filing Requirements for Electric Utility Service Agreements, 155 FERC ¶ 61,280 (2016) (order clarifying reporting requirements and updating data dictionary). 2 See Refinements to Policies and Procedures for Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities, Order No. 816, FERC Stats. & Regs. ¶ 31,374 (2015), order on reh’g, Order No. 816–A, 155 FERC ¶ 61,188 (2016); 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 P 3, clarified, 121 FERC ¶ 61,260 (2007), 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). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 76345 Commission staff’s review of the Electric Quarterly Reports indicates that the following 16 public utilities with market-based rate authorization have failed to file their Electric Quarterly Reports: AP&G Holdings LLC, Bargain Energy, LLC, CES Placerita, Incorporated, Crawfordsville Energy, LLC, DES Wholesale, LLC, Dillon Power, LLC, DownEast Power Company, LLC, Escanaba Green Energy, LLC, GearyEnergy, LLC, LVI Power, LLC, Madstone Energy Corp, NiGen, LLC, R&R Energy, Inc., Societe Generale Energy LLC, Tall Bear Group, LLC, and Western Reserve Energy Services, LLC. 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.3 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.4 5. Pursuant to these requirements, the Commission has revoked the marketbased rate tariffs of market-based rate sellers that failed to submit their Electric Quarterly Reports.5 6. Sellers must file Electric Quarterly Reports consistent with the procedures set forth in Order Nos. 2001, 768 6 and 770.7 The exact filing dates for Electric Quarterly Reports are prescribed in 18 CFR 35.10b (2016). As noted above, Commission staff’s review of the Electric Quarterly Reports for the period 3 Order No. 2001, FERC Stats. & Regs. ¶ 31,127 at P 222. 4 Id. P 223. 5 See, e.g., Electric Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015); Electric Quarterly Reports, 79 FR 65,651 (Nov. 5, 2014). 6 Electricity Market Transparency Provisions of Section 220 of the Federal Power Act, Order No. 768, FERC Stats. & Regs. ¶ 31,336 (2012), order on reh’g, Order No. 768–A, 143 FERC ¶ 61,054 (2013). 7 Revisions to Electric Quarterly Report Filing Process, Order No. 770, FERC Stats. & Regs. ¶ 31,338 (2012). E:\FR\FM\02NON1.SGM 02NON1 sradovich on DSK3GMQ082PROD with NOTICES 76346 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices up to the first quarter of 2016 identified 16 public utilities with market-based rate authorization that failed to file Electric Quarterly Reports. Commission staff contacted or attempted to contact these entities to remind them of their regulatory obligations. Despite these reminders, the 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 does not wish to continue having market-based rate authority, it may file a notice of cancellation with the Commission pursuant to section 205 of the FPA to cancel its 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 the filings required in this order, the Commission will revoke that public utility’s market-based rate authorization and will terminate its electric market-based rate tariff. The Secretary is hereby directed, upon expiration of the filing deadline in this order, to promptly issue a notice, effective on the date of issuance, listing the public utilities whose tariffs have been revoked for failure to comply with the requirements of this order and the Commission’s Electric Quarterly Report filing requirements. (B) The Secretary is hereby directed to publish this order in the Federal Register. By the Commission. Issued: October 27, 2016. Kimberly D. Bose, Secretary. [FR Doc. 2016–26422 Filed 11–1–16; 8:45 am] BILLING CODE 6717–01–P VerDate Sep<11>2014 17:18 Nov 01, 2016 Jkt 241001 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17–2–000] National Fuel Gas Supply Corporation; Notice of Application Take notice that on October 14, 2016, National Fuel Gas Supply Corporation (National Fuel), 6363 Main Street, Williamsville, New York 14221, filed in Docket No. CP17–2–000, an application pursuant to section 7(b) of the Natural Gas Act and part 157 of the Commission’s regulations requesting authorization to abandon its Heath Compressor Station and associated appurtenances located in Heath Township, Jefferson County, Pennsylvania, and to refunctionalize Line FM–92 from a transmission to gathering function, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing may be viewed on the web at http:// www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC at FERCOnlineSupport@ferc.gov or call toll-free, (886) 208–3676 or TYY, (202) 502–8659. Any questions regarding this Application should be directed to Laura P. Berloth, Attorney for National Fuel, 6363 Main Street, Williamsville, New York 14221, or call at 716–857–7001. Pursuant to section 157.9 of the Commission’s rules, 18 CFR 157.9, within 90 days of this notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission’s public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff’s issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission’s public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff’s FEIS or EA. There are two ways to become involved in the Commission’s review of this project. First, any person wishing to PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission’s Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 7 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission’s rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission’s environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission’s environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commentary will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission’s final order. The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the ‘‘eFiling’’ link at http:// www.ferc.gov. Persons unable to file E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Pages 76345-76346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26422]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Order on Intent To Revoke Market-Based Rate Authority

Before Commissioners: Norman C. Bay, Chairman; Cheryl A. LaFleur, 
and Colette D. Honorable.


------------------------------------------------------------------------
                                                   Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports.............  ER02-2001-020
AP&G Holdings LLC......................  ER12-2430-000
Bargain Energy, LLC....................  ER14-1343-001
CES Placerita, Incorporated............  ER14-57-000
Crawfordsville Energy, LLC.............  ER15-631-001
DES Wholesale, LLC.....................  ER12-1770-001
Dillon Power, LLC......................  ER15-1810-000
DownEast Power Company, LLC............  ER10-1304-002
Escanaba Green Energy, LLC.............  ER12-2307-001
GearyEnergy, LLC.......................  ER10-2817-000
LVI Power, LLC.........................  ER12-2484-000
Madstone Energy Corp...................  ER11-4482-000
NiGen, LLC.............................  ER15-567-001
R&R Energy, Inc........................  ER11-4711-002
Societe Generale Energy LLC............  ER11-2775-000
Tall Bear Group, LLC...................  ER12-2374-000
Western Reserve Energy Services, LLC...  ER13-1706-000
------------------------------------------------------------------------

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d 
(2012), and 18 CFR part 35 (2016), 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, 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). See also Filing 
Requirements for Electric Utility Service Agreements, 155 FERC ] 
61,280 (2016) (order clarifying reporting requirements and updating 
data dictionary).
---------------------------------------------------------------------------

    2. The Commission requires sellers with market-based rate 
authorization to file Electric Quarterly Reports.\2\ Commission staff's 
review of the Electric Quarterly Reports indicates that the following 
16 public utilities with market-based rate authorization have failed to 
file their Electric Quarterly Reports: AP&G Holdings LLC, Bargain 
Energy, LLC, CES Placerita, Incorporated, Crawfordsville Energy, LLC, 
DES Wholesale, LLC, Dillon Power, LLC, DownEast Power Company, LLC, 
Escanaba Green Energy, LLC, GearyEnergy, LLC, LVI Power, LLC, Madstone 
Energy Corp, NiGen, LLC, R&R Energy, Inc., Societe Generale Energy LLC, 
Tall Bear Group, LLC, and Western Reserve Energy Services, LLC. 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.
---------------------------------------------------------------------------

    \2\ See Refinements to Policies and Procedures for Market-Based 
Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary 
Services by Public Utilities, Order No. 816, FERC Stats. & Regs. ] 
31,374 (2015), order on reh'g, Order No. 816-A, 155 FERC ] 61,188 
(2016); 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 P 3, clarified, 121 FERC ] 61,260 
(2007), 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).
---------------------------------------------------------------------------

    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.\3\
---------------------------------------------------------------------------

    \3\ 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.\4\
---------------------------------------------------------------------------

    \4\ Id. P 223.

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

    \5\ See, e.g., Electric Quarterly Reports, 80 FR 58,243 (Sep. 
28, 2015); Electric Quarterly Reports, 79 FR 65,651 (Nov. 5, 2014).
---------------------------------------------------------------------------

    6. Sellers must file Electric Quarterly Reports consistent with the 
procedures set forth in Order Nos. 2001, 768 \6\ and 770.\7\ The exact 
filing dates for Electric Quarterly Reports are prescribed in 18 CFR 
35.10b (2016). As noted above, Commission staff's review of the 
Electric Quarterly Reports for the period

[[Page 76346]]

up to the first quarter of 2016 identified 16 public utilities with 
market-based rate authorization that failed to file Electric Quarterly 
Reports. Commission staff contacted or attempted to contact these 
entities to remind them of their regulatory obligations. Despite these 
reminders, the 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.
---------------------------------------------------------------------------

    \6\ Electricity Market Transparency Provisions of Section 220 of 
the Federal Power Act, Order No. 768, FERC Stats. & Regs. ] 31,336 
(2012), order on reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013).
    \7\ Revisions to Electric Quarterly Report Filing Process, Order 
No. 770, FERC Stats. & Regs. ] 31,338 (2012).
---------------------------------------------------------------------------

    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 does not 
wish to continue having market-based rate authority, it may file a 
notice of cancellation with the Commission pursuant to section 205 of 
the FPA to cancel its 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 the filings required in 
this order, the Commission will revoke that public utility's market-
based rate authorization and will terminate its electric market-based 
rate tariff. The Secretary is hereby directed, upon expiration of the 
filing deadline in this order, to promptly issue a notice, effective on 
the date of issuance, listing the public utilities whose tariffs have 
been revoked for failure to comply with the requirements of this order 
and the Commission's Electric Quarterly Report filing requirements.
    (B) The Secretary is hereby directed to publish this order in the 
Federal Register.

    By the Commission.

    Issued: October 27, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-26422 Filed 11-1-16; 8:45 am]
 BILLING CODE 6717-01-P