Order On Intent To Revoke Market-Based Rate Authority, 43665-43666 [2018-18462]

Download as PDF 43665 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices Defense concerning the DoD’s ‘‘Operational Reserve’’ definition. Meeting Accessibility: Pursuant to 5 U.S.C. 552b, as amended and 41 CFR 102–3.140 through 102–3.165, and subject to the availability of space, the meeting is open to the public from 8:30 a.m. to 4:30 p.m. Seating is based on a first-come, first-served basis. All members of the public who wish to attend the public meeting must contact Mr. Alex Sabol, the Designated Federal Officer, not later than 12:00 p.m. on Tuesday, September 11, 2018, as listed in the FOR FURTHER INFORMATION CONTACT. Written Statements: Pursuant to 41 CFR 102–3.105(j) and 102–3.140 and section 10(a)(3) of the FACA, interested persons may submit written statements to the RFPB at any time about its approved agenda or at any time on the Board’s mission. Written statements should be submitted to the RFPB’s Designated Federal Officer at the address or facsimile number listed in the FOR FURTHER INFORMATION CONTACT section. If statements pertain to a specific topic being discussed at the planned meeting, then these statements must be submitted no later than five (5) business days prior to the meeting in question. Written statements received after this date may not be provided to or considered by the RFPB until its next meeting. The Designated Federal Officer will review all timely submitted written statements and provide copies to all the committee members before the meeting that is the subject of this notice. Please note that since the RFPB operates under the provisions of the FACA, all submitted comments and public presentations will be treated as public documents and will be made available for public inspection, including, but not limited to, being posted on the RFPB’s website. Dated: August 22, 2018. Shelly E. Finke, Alternate OSD Federal Register, Liaison Officer, Department of Defense. [FR Doc. 2018–18501 Filed 8–24–18; 8:45 am] amozie on DSK3GDR082PROD with NOTICES1 BILLING CODE 5001–06–P VerDate Sep<11>2014 17:51 Aug 24, 2018 Jkt 244001 Online service, please email FERCOnlineSupport@ferc.gov. or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER18–2252–000] Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: MC Project Company LLC This is a supplemental notice in the above-referenced proceeding of MC Project Company LLC’s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant’s request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is September 10, 2018. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at https:// www.ferc.gov. To facilitate electronic service, persons with internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The filings in the above-referenced proceeding are accessible in the Commission’s eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission’s Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 Dated: August 21, 2018. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2018–18466 Filed 8–24–18; 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: Kevin J. McIntyre, Chairman; Cheryl A. LaFleur, Neil Chatterjee, and Richard Glick. Docket Nos. Electric Quarterly Reports ........... L&L Energy LLC .......................... Bartram Lane LLC ....................... Aspirity Energy, LLC .................... Palama, LLC ................................ Promet Energy Partners, LLC ..... ER02–2001–020 ER12–327–000 ER12–2309–000 ER16–1458–000 ER10–2809–000 ER12–733–001 1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d (2012), and 18 CFR part 35 (2017), require, among other things, that all rates, terms, and conditions for 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.1 2. The Commission requires sellers with market-based rate authorization to file Electric Quarterly Reports summarizing contractual and transaction information related to their market-based power sales as a condition for retaining that authorization.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, order on reh’g and clarification, 157 FERC ¶ 61,180 (2016) (clarifying Electric Quarterly Reports 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. ¶ E:\FR\FM\27AUN1.SGM Continued 27AUN1 43666 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices Commission staff’s review of the Electric Quarterly Reports indicates that the following five public utilities with market-based rate authorization have failed to file their Electric Quarterly Reports: L&L Energy LLC, Bartram Lane LLC, Aspirity Energy, LLC, Palama, LLC, and Promet Energy Partners, 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 amozie on DSK3GDR082PROD with NOTICES1 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 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, sub nom. Public Citizen, Inc. v. FERC, 567 U.S. 934 (2012). 3 Order No. 2001, FERC Stats. & Regs. ¶ 31,127 at P 222. 4 Id. P 223. 5 See, e.g., Electric Quarterly Reports, 82 FR 60,976 (Dec. 26, 2017); 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), order on reh’g, Order No. 768–B, 150 FERC ¶ 61,075 (2015). VerDate Sep<11>2014 17:51 Aug 24, 2018 Jkt 244001 770.7 The exact filing dates for Electric Quarterly Reports are prescribed in 18 CFR 35.10b (2017). As noted above, Commission staff’s review of the Electric Quarterly Reports for the period up to the first quarter of 2018 identified five 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. 7 Revisions to Electric Quarterly Report Filing Process, Order No. 770, FERC Stats. & Regs. ¶ 31,338 (2012). PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 (B) The Secretary is hereby directed to publish this order in the Federal Register. By the Commission. Issued August 21, 2018. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2018–18462 Filed 8–24–18; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 Take notice that the Commission received the following exempt wholesale generator filings: Docket Numbers: EG18–122–000. Applicants: Green River Wind Farm Phase 1, LLC. Description: Notice of SelfCertification of Exempt Wholesale Generator Status for Green River Wind Farm Phase 1, LLC. Filed Date: 8/17/18. Accession Number: 20180817–5034. Comments Due: 5 p.m. ET 9/7/18. Take notice that the Commission received the following electric rate filings: Docket Numbers: ER18–2231–000. Applicants: Duke Energy Carolinas, LLC. Description: § 205(d) Rate Filing: DEC Revised Depreciation Rates to be effective 8/1/2018. Filed Date: 8/16/18. Accession Number: 20180816–5123. Comments Due: 5 p.m. ET 9/6/18. Docket Numbers: ER18–2232–000. Applicants: PJM Interconnection, L.L.C. Description: § 205(d) Rate Filing: Revisions to OA Sections RE Confidentiality of Data and Information to be effective 10/15/2018. Filed Date: 8/16/18. Accession Number: 20180816–5136. Comments Due: 5 p.m. ET 9/6/18. Docket Numbers: ER18–2233–000. Applicants: Ohio Power Company, AEP Ohio Transmission Company, Inc., PJM Interconnection, L.L.C. Description: § 205(d) Rate Filing: AEP Ohio et al. submits ILDSA, Service Agreement No. 1336 btwn AEPSC and Buckeye to be effective 7/17/2018. Filed Date: 8/17/18. Accession Number: 20180817–5020. Comments Due: 5 p.m. ET 9/7/18. Docket Numbers: ER18–2234–000. Applicants: Public Service Company of Colorado. Description: § 205(d) Rate Filing: 2018–08–17 Spring Canyon, Tri-State E:\FR\FM\27AUN1.SGM 27AUN1

Agencies

[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43665-43666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18462]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Order On Intent To Revoke Market-Based Rate Authority

Before Commissioners: Kevin J. McIntyre, Chairman; Cheryl A. 
LaFleur, Neil Chatterjee, and Richard Glick.

------------------------------------------------------------------------
                                                    Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports..............  ER02-2001-020
L&L Energy LLC..........................  ER12-327-000
Bartram Lane LLC........................  ER12-2309-000
Aspirity Energy, LLC....................  ER16-1458-000
Palama, LLC.............................  ER10-2809-000
Promet Energy Partners, LLC.............  ER12-733-001
------------------------------------------------------------------------

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d 
(2012), and 18 CFR part 35 (2017), require, among other things, that 
all rates, terms, and conditions for 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.\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, order on reh'g and clarification, 157 FERC ] 61,180 (2016) 
(clarifying Electric Quarterly Reports reporting requirements and 
updating Data Dictionary).
---------------------------------------------------------------------------

    2. The Commission requires sellers with market-based rate 
authorization to file Electric Quarterly Reports summarizing 
contractual and transaction information related to their market-based 
power sales as a condition for retaining that authorization.\2\

[[Page 43666]]

Commission staff's review of the Electric Quarterly Reports indicates 
that the following five public utilities with market-based rate 
authorization have failed to file their Electric Quarterly Reports: L&L 
Energy LLC, Bartram Lane LLC, Aspirity Energy, LLC, Palama, LLC, and 
Promet Energy Partners, 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, sub nom. Public Citizen, Inc. v. FERC, 567 U.S. 934 (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, 82 FR 60,976 (Dec. 
26, 2017); 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 (2017). As noted above, Commission staff's review of the 
Electric Quarterly Reports for the period up to the first quarter of 
2018 identified five 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), 
order on reh'g, Order No. 768-B, 150 FERC ] 61,075 (2015).
    \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 August 21, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-18462 Filed 8-24-18; 8:45 am]
BILLING CODE 6717-01-P