[Federal Register: May 6, 2008 (Volume 73, Number 88)]
[Notices]
[Page 24967-24968]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my08-70]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. ER02-2001-007; Docket No. ER07-430-000; Docket No. ER07-
591-000]
Electric Quarterly Reports; Dunhill Power, L.P.; Exel Power
Sources, LLC; Order on Intent To Revoke Market-Based Rate Authority
Issued April 30, 2008.
Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G.
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.
1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2000), and 18 CFR part 35 (2005), 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\
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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).
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2. Commission staff's review of the Electric Quarterly Report
submittals has revealed that two utilities with authority to sell
electric power at market-based rates have failed to file their Electric
Quarterly Reports for more than one quarter. This order notifies these
public utilities that their market-based rate authorizations will be
revoked unless they comply with the Commission's requirements within 15
days of the date of issuance of this order.
3. In Order No. 2001, the Commission stated that,
[i]f a public utility fails to file a[n] Electric Quarterly
Report (without an appropriate request for extension), or fails to
report an agreement in a report, that public utility may forfeit its
market-based rate authority and may be required to file a new
application for market-based rate authority if it wishes to resume
making sales at market-based rates.\[2]\
\2\ Order No. 2001 at P 222.
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4. The Commission further stated that,
[o]nce this rule becomes effective, the requirement to comply
with this rule will supersede the conditions in public utilities'
market-based rate authorizations, and failure to comply with the
requirements of this rule will subject public utilities to the same
consequences they would face for not satisfying the conditions in
their rate authorizations, including possible revocation of their
authority to make wholesale power sales at market-based rates.[\3\]
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\3\ Id. at P 223.
5. Pursuant to these requirements, the Commission has revoked or
withdrawn the market-based rate tariffs of several
[[Page 24968]]
market-based rate sellers that failed to submit their Electric
Quarterly Reports.\4\
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\4\ See Electric Quarterly Reports, 115 FERC ] 61,073 (2006)
(April 2006 Revocation Order), Electric Quarterly Reports, 114 FERC
] 61,171 (2006) (February 2006 Revocation Order); Electric Quarterly
Reports, 107 FERC ] 61,310 (2004); Notice of Revocation of Market-
Based Rate Tariffs, 69 Fed. Reg. 57,679 (September 27, 2004);
Electric Quarterly Reports, 105 FERC ] 61,219 (2003); and Electric
Quarterly Reports, 104 FERC ] 61,139 (2003).
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6. Commission staff's review of the Electric Quarterly Report
submittals identified two public utilities with authority to sell power
at market-based rates that failed to file Electric Quarterly Reports
through the fourth quarter of 2007. Commission staff contacted these
entities to remind them of their regulatory obligations.\5\ None of the
public utilities listed in the caption of this order has met those
obligations.\6\
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\5\ See Dunhill, L.P., Docket No. ER07-430-000 (February 13,
2008) (unpublished letter order); Exel Power Sources, LLC, Docket
No. ER07-591-000 (February 13, 2008) (unpublished letter order).
\6\ According to the Commission's records, the companies subject
to this order last filed their Electric Quarterly Reports in the
quarters and years shown below: See table near footnote 6 reference.
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Respondent Last quarter filed
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Dunhill Power, L.P........................ 2007, Quarter 2
Exel Power Sources, L.L.C................. Never Filed
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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 either 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 either of the above-captioned market-based rate sellers does
not wish to continue having market-based rate authority and does not
foresee entering into any contracts to sell power at market-based
rates, it may file a notice of cancellation with the Commission
pursuant to section 205 of the FPA to cancel its market-based rate
tariff and end its obligation to submit further Electric Quarterly
Reports.
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 fails to make this filing, the Commission will revoke the
public utility's authority to sell power at market-based rates and
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.
Kimberly D. Bose,
Secretary.
[FR Doc. E8-9906 Filed 5-5-08; 8:45 am]
BILLING CODE 6717-01-P