[Federal Register: July 6, 2004 (Volume 69, Number 128)]
[Notices]
[Page 40630-40632]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy04-42]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. ER02-2001-003 et al.]
Electric Quarterly Reports Intent To Revoke Market-Based Rate
Authority
Issued: June 23, 2004.
Before Commissioners: Pat Wood, III, Chairman; Nora Mead
Brownell, and Joseph T. Kelliher. ER98-4240-002, ER00-2363-001,
ER00-1975-001, ER97-360-013, ER97-1428-006, ER97-3788-010, ER97-
2604-007, ER97-1643-001, ER96-659-017, ER97-1630-004, ER96-1283-008,
ER00-741-002, ER95-964-011, ER99-3005-003, ER97-2792-010, ER01-1279-
002, ER96-1798-006, ER01-2656-001, ER97-4427-004, ER97-4173-001,
ER94-1580-022, ER00-2248-001, ER96-280-016, ER98-1622-008, ER96-
3086-011, ER01-1897-002, ER98-1486-004, ER00-1453-001, ER97-2413-
012, ER98-3393-006, ER99-3142-001, ER96-795-011, ER97-3416-006,
ER98-2535-004, ER01-1760-002, ER97-4787-001, ER96-2583-002, ER95-
257-020, ER98-4264-001, ER96-594-006, ER96-2435-001, ER98-3433-005,
ER95-792-014, ER98-1148-006, ER96-1119-008, ER99-505-005, ER97-135-
001, ER98-174-007, ER99-1184-002, ER96-203-004, ER97-778-004, ER98-
3344-001, ER98-1824-009, ER98-1953-006, ER98-1421-006, ER95-914-013,
ER96-1930-011, ER97-3187-002, ER96-1754-001, ER96-332-008, ER94-931-
016, ER96-1-018, ER95-1234-017, ER95-473-012, ER96-947-015, ER01-40-
001, ER97-3056-004, ER98-3012-002, ER98-3261-003, ER97-765-008,
ER95-1047-011, ER96-2882-014, ER98-2175-008, ER99-4044-001, ER96-
1724-010, ER98-3526-007, ER95-385-010, ER01-1496-001, ER96-906-009,
ER94-1676-017, ER92-429-020, ER97-2900-002, ER02-517-003, ER01-36-
002, ER97-3306-003, ER00-1408-001, ER98-1829-009, ER97-2426-004,
ER96-525-012, ER95-1855-012, ER97-1248-005, ER96-1150-003, ER97-
3526-006, ER96-2914-007, ER97-2517-009, ER98-1823-005, Electric
Quarterly Reports, Abacus Group, Ltd., Allied Companies, LLC,
American Energy Savings, Inc., American Energy Trading, Inc.,
American Power Reserve Marketing, Anker Power Services, Inc.,
Applied Resources Integrated Services, Inc., APRA Energy Group,
Inc., Bonneville Fuels Management Corp., Brennan Power, Inc., BTU
Power Corporation, Canal Emirates Power International, Inc., CNB/
Olympic Gas Services, Coast Energy Group, Community Electric Power
Corporation, Connecticut
[[Page 40631]]
Energy Cooperative, Inc., CPS Capital, Limited, Credit Suisse First
Boston International, Electric Lite, Inc., Electrical Associates
Power Marketing, Inc., Energy Resource Marketing, Inc., Energy
Trading Company, Inc., Energy Transfer Group, LLC, Energy Unlimited,
Inc., Energy2, Inc., EOPT Power Group Nevada, Inc., Equinox Energy,
LLC, Essential Utility Resources, LLC, FINA Energy Services Company,
Fortistar Power Marketing, LLC, FPH Electric, LLC, Gateway Energy
Marketing, Global Energy & Technology, Inc., Hafslund Energy
Trading, LLC, Haleywest, LLC, High Island Marketing, Inc., Hubbard
Power & Light, Inc., Industrial Gas & Electric Services Co.,
International Energy Ventures, Inc., International Utility
Consultants Inc., J.D. Enterprises, JMF Power Marketing, K Power
Company, Inc., Kamps Propane, Inc., Kibler Energy Ltd, Lakeside
Energy Services, LLC, Manner Technologies, LLC, Millennium Energy
Corporation, Minnesota Agri-Power, LLC, Multi-Energies USA, Inc.,
NXIS, LLC, Omni Energy, Pacific Energy & Development Corp., PG
Energy PowerPlus, Polaris Electric Power Company, Inc., Power
Clearinghouse, Inc., Power Fuels, Inc., Power Systems Group Inc.,
Powerline Controls, Inc., PowerMark, LLC, PowerNet G.P., Powertec
International, LLC, Prairie Winds Energy, Inc., Proven Alternatives,
Inc., Quantum Energy Resources, Inc., Quinnipiac Energy, LLC, R.
Hadler and Company, Inc., Rainbow Power USA LLC, Reliable Energy,
Inc., Revelation Energy Resources Corporation, Ruffin Energy
Services, Inc., Russell Energy Services Company, Salem Electric,
Inc., Sandia Resources Corporation, SDS Petroleum Products, Inc.,
Shamrock Trading, LLC, Southeastern Energy Resources, Inc., Sundance
Energy, SuperSystems, Inc., Texas-Ohio Power Marketing, Inc., Torco
Energy Marketing, Inc., United Regional Energy, L.L.C., US Gas &
Electric, USPower Energy, LLC, UTIL Power Marketing Inc.,
Utilimax.com, Inc., UtiliSource Corporation, UtiliSys Corporation,
Utility Management & Consulting, Inc., VTEC Energy Inc., Wasatch
Energy Corporation, Wheeled Electric Power Co., Woodruff Energy,
Working Assets Green Power, Inc., Xenergy, Inc., XERXE Group, Inc.
1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2000), accord 18 CFR part 35 (2003), requires that all rates, terms
and conditions of jurisdictional services be filed with the Commission.
In Order No. 2001,\1\ a final rule establishing revised public utility
filing requirements for rates, terms and conditions of jurisdictional
services,\2\ the Commission required public utilities, including power
marketers, to file, among other things, 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 transaction
information (including rates) for short-term and long-term market-based
power sales and cost-based power sales during the most recent calendar
quarter. In Order No. 2001-C,\3\ the Commission required public
utilities to file their Electric Quarterly Reports using software
provided by the Commission. Commission staff review of the Electric
Quarterly Report submittals has revealed that a number of public
utilities that previously had been granted authority to sell power at
market-based rates have failed to file Electric Quarterly Reports.
Accordingly, this order notifies those public utilities that their
market-based rate authorizations will be revoked unless they comply
with the Commission's requirements.
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\1\ Revised Public Utility Filing Requirements, Order No. 2001,
67 FR 31043, FERC Stats. & Regs. ] 31,127 (April 25, 2002), reh'g
denied, Order No. 2001-A, 100 FERC ] 61,074, reconsideration and
clarification denied, Order No. 2001-B, 100 FERC ] 61,342, order
directing filings, Order No. 2001-C, 101 FERC ] 61,314 (2002).
\2\ Order No. 2001, FERC Stats. & Regs. ] 31,127 at P 11-12, 18-
21.
\3\ Order No. 2001-C, 101 FERC ] 61,314 at P 9.
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2. 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.\4\
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\4\ Order No. 2001, FERC Stats. & Regs. ] 31,127 at P 222.
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3. The Commission further stated that,
[t]he Electric Quarterly Reports are designed to satisfy the FPA
section 205(c) requirements. For power marketers, the Electric
Quarterly Report is intended to replace the current filing of
Quarterly Transaction Reports summarizing their market-based rate
transactions and the filing of long-term agreements. Electric
Quarterly Reports are also intended to replace the Quarterly
Transaction Reports and rate filings required of traditional
utilities with market-based rate authority. Once 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.\5\
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\5\ Id. at P 223.
4. Commission staff has determined that a number of public
utilities that had been granted market-based rate authority have failed
to file their Electric Quarterly Reports.\6\ Commission staff has made
a concerted effort to contact all of the non-filing utilities listed in
the caption by letter, by e-mail and by telephone to inform them of
their regulatory obligation. On April 24, 2003, the Secretary of the
Commission sent letters to 423 companies reminding them that they were
required to file the Electric Quarterly Report. The letters stated:
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\6\ In many cases, the utilities had previously failed to file
Power Marketer Quarterly Reports (the predecessor to the Electric
Quarterly Reports).
[w]ithin thirty (30) days of the date of this letter, your company
utility must file Electric Quarterly Reports for the 2nd, 3rd, and
4th Quarters of 2002 and the 1st Quarter of 2003. Failure to do so
may result in the Commission's revocation of your market-based rate
authority in accordance with Order No. 2001. * * * Please provide
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your immediate attention to this important compliance matter.\7\
\7\ Letter informing Abacus Group Ltd, et al., that to date
their Electric Quarterly Reports had not been filed and requesting
that the reports for the 2nd, 3rd, and 4th quarters of 2002, et al.,
be filed within 30 days (April 24, 2003).
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5. Most of the public utilities listed in the caption of this order
were sent this letter. In some cases, the letters were returned
unopened. Commission staff called the power marketer contacts on file
and searched Commission records and the Internet to identify alternate
addresses and contacts. Where an alternate address or contact could be
identified, a second letter and/or an e-mail was sent, or phone calls
were made. Most of these inquiries also received no response.
Notwithstanding efforts to find the non-filing public utilities listed
in the caption of this order to remind them of their filing
obligations, they have not complied with the requirement to file
Electric Quarterly Reports.
6. Accordingly, the market-based rate authorizations for those
public utilities identified in the caption of this order will be
revoked unless they comply with the Commission's requirements.
The Commission orders:
(A) Within 30 days of the date of issuance of this order, each
public utility listed in the caption of this order shall file its
Electric Quarterly Reports for the 2nd, 3rd, and 4th Quarters of 2002,
the 1st, 2nd, 3rd, and 4th Quarters of 2003 and the 1st and 2nd
Quarters of 2004. If a public utility fails to make this filing, the
Commission will revoke that public utility's authority to sell power at
market-based rates and terminate its electric market-based rate tariff.
Upon expiration of the filing deadline in this order, the Secretary
shall promptly issue a notice, effective on the date of
[[Page 40632]]
issuance, listing the public utilities whose tariffs have been
terminated.
(B) The Secretary is hereby directed to publish this order in the
Federal Register.
By the Commission. Commissioner Kelly not participating.
Linda Mitry,
Acting Secretary.
[FR Doc. 04-15153 Filed 7-2-04; 8:45 am]
BILLING CODE 6717-01-P