[Federal Register Volume 75, Number 187 (Tuesday, September 28, 2010)]
[Notices]
[Pages 59707-59708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24293]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. ER02-2001-016; Docket No. ER06-885-000; Docket No. ER04-
289-000]
Electric Quarterly Reports; BM2 LLC; DJGW, LLC; Order on Intent
To Revoke Market-Based Rate Authority
Issued September 22, 2010.
Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer,
Philip D. Moeller, John R. Norris, and Cheryl A. LaFleur.
1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2006), and 18 CFR part 35 (2010), 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
[[Page 59708]]
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,
FERC Stats. & Regs. ] 31,127, 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), order directing filings, Order No.
2001-D, 102 FERC ] 61,334 (2003).
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2. Commission staff's review of the Electric Quarterly Report
submittals indicates that two utilities with authority to sell electric
power at market-based rates have failed to file their Electric
Quarterly Reports. 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]\
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\2\ Order No. 2001, FERC Stats & Regs. ] 31,127 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. P 223.
5. Pursuant to these requirements, the Commission has revoked the
market-based rate tariffs of several market-based rate sellers that
failed to submit their Electric Quarterly Reports.\4\
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\4\ See, e.g., Electric Quarterly Reports, 75 FR 45,111 (Aug. 2,
2010); Electric Quarterly Reports, 75 FR 19,646 (Apr. 15, 2010).
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6. As noted above, 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 in the first and second quarters of 2010.
Commission staff contacted these entities to remind them of their
regulatory obligations.\5\
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\5\ See BM2 LLC, Docket No. ER06-885-000 (August 2, 2010)
(unpublished letter order); DJGW, LLC, Docket No. ER04-289-000
(August 2, 2010) (unpublished letter order).
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The two public utilities listed in the caption of this order have
not met these obligations.\6\ 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.
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\6\ According to the Commission's records, the companies subject
to this order failed to file their Electric Quarterly Reports for
the 1st and 2nd quarters of 2010.
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7. In the event that the above-captioned market-based rate sellers
have already filed its Electric Quarterly Report 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 the above-captioned market-based rate sellers do not wish to
continue having market-based rate authority, they may file a notice of
cancellation with the Commission pursuant to section 205 of the FPA to
cancel their 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 fails to make this filing, the Commission will revoke that
public utility's authority to sell power at market-based rates 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.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-24293 Filed 9-27-10; 8:45 am]
BILLING CODE 6717-01-P