[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11367]


[[Page Unknown]]

[Federal Register: May 11, 1994]


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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. EL94-62-000, et al.]

 

Carolina Power & Light Company, et al.; Electric Rate and 
Corporate Regulation Filings

May 3, 1994
    Take notice that the following filings have been made with the 
Commission:

1. Carolina Power & Light Co. v. Stone Container Corp.

[Docket Nos. EL94-62-000 and QF85-102-005]

    Take notice that on April 20, 1994, Carolina Power & Light Company 
(CP&L) filed a complaint asking the Federal Energy Regulatory 
Commission to revoke the qualifying facility (``QF'') certification of 
Stone Container Corporation's cogeneration facility which was certified 
as a QF in Stone Container Corp., 31 FERC  62,036 (1985) and 
recertified in Stone Container Corp., 55 FERC  62,205 (1991). CP&L's 
complaint further requests that the Commission: (1) Assert jurisdiction 
(a) over Stone Container as a public utility and (b) over the contract 
for Stone Container's sales to CP&L of electric energy at wholesale in 
interstate commerce pursuant to the Federal Power Act, (2) determine 
the just and reasonable rate for Stone Container's sales to CP&L, and 
(3) order the payment of appropriate refunds, plus interest.
    Comment date: June 2, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

2. Rochester Gas and Electric Co.

[Docket No. ES94-23-000]

    Take notice that on April 28, 1994, Rochester Gas and Electric 
Company (RG&E) filed an application under section 204 of the Federal 
Power Act seeking authorization to issue not more than $200 million of 
notes and other short-term indebtedness from time to time as required, 
but in any event, not later than December 31, 1996. Also, RG&E requests 
expedited treatment and action by May 19, 1994.
    Comment date: May 17, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

3. Great Bay Power Corp.

[Docket No. ER94-1176-000]

    Take notice that on April 21, 1994, Great Bay Power Corporation 
(Great Bay) tendered for filing executed copies of service agreements 
for a number of customers and Great Bay under the Tariff submitted on 
September 1, 1993, as amended October 14, 1993, in Docket No. ER93-924-
000. Unexecuted copies of these service agreements were included as 
part of the original filing.
    Comment date: May 17, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

4. Georgia Power Co.

[Docket No. ER94-1175-000]

    Take notice that on April 22, 1994, Georgia Power Company filed a 
letter agreement dated April 11, 1994 revising the contract executed by 
the United States of America, Department of Energy, acting by and 
through the Southeastern Power Administration and Georgia Power 
Company. The letter agreement extends the term of the existing contract 
for six months to allow the parties to continue negotiations of a new 
arrangement.
    Comment date: May 17, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

5. Pacific Gas and Electric Co.

[Docket No. ER94-1186-000]

    Take notice that PacifiCorp, on April 26, 1994, Pacific Gas and 
Electric Company (PG&E) tendered for filing, both for itself and on 
behalf of Southern California Edison (SCE) and San Diego Gas & Electric 
Company (SDG&E), an agreement (Determination No. 3) which establishes 
the test Rated System Transfer Capability (RSTC) as RSTC. The 
Determination tendered for filing was agreed upon by the Administrative 
Representatives who administer the Coordinated Operations Agreement 
(COA), which coordinated operation of a portion of the 500 Kv Pacific 
Intertie with the 500 Kv California-Oregon Transmission Project. The 
COA has been filed with the Commission and is the subject of Docket 
ER92-626-000.
    Copies of this filing have been served upon the parties on the 
service list, including the CPUC.
    SCE and SDG&E both provided certificates of concurrence to this 
filing.
    Comment date: May 17, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

6. Entergy Power Asia Ltd.

[Docket No. EG94-56-000]

    On April 28, 1994, Entergy Power Asia Ltd. (``Entergy Asia''), 900 
S. Shackleford Road, Suite 210, Little Rock, Arkansas, 72211, filed 
with the Federal Energy Regulatory Commission an application for 
determination of exempt wholesale generator status pursuant to part 365 
of the Commission's regulations.
    Entergy Asia will directly own or operate, or both own and operate, 
the Datong No. 2 Power Plant (``Datong Facility''). The Datong Facility 
will consist of the Datong No. 2 Power Plant Phase(1), which consists 
of an existing operating coal fired power plant, the Datong No. 2 Power 
Plant Phase(2), consisting of two 600 MW pulverized coal units, which 
will be added to the Datong Facility, and the Datong No. 2 Power Plant 
Phase(3), which will also be added to the Datong Facility, increasing 
the plant size through two additional 600 MW generating units. Entergy 
Asia and its co-owners of the Datong Facility will provide step-up, 
auxiliary, and other transformers, and switchyard equipment necessary 
to interconnect the Datong Facility with the transmission grid. Entergy 
Asia states that it also may engage in project development activities 
associated with its acquisition of ownership interests in additional 
as-yet unidentified eligible facilities and/or exempt wholesale 
generators that meet the criteria in section 32 of the Public Utility 
Holding Company Act.
    Comment date: May 20, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

7. Central Power and Light Co.

[Docket No. ER94-1177-000]

    Take notice that on April 21, 1994, Central Power and Light Company 
(CPL) tendered for filing an amended agreement for Transmission 
Wheeling Service between CPL and Southwestern Electric Service Company 
(SESCO). Copies of the filing were served on SESCO and the Public 
Utility Commission of Texas.
    Comment date: May 17, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

8. Entergy Power Development Corp.

[Docket No. EG94-57-000]

    On April 28, 1994, Entergy Power Development Corporation (``Entergy 
Power''), 900 S. Shackleford Road, Little Rock, Arkansas, 72211, filed 
with the Federal Energy Regulatory Commission an application for 
determination of exempt wholesale generator status pursuant to part 365 
of the Commission's regulations.
    Entergy Power, indirectly through an affiliate, Entergy Richmond 
Power Corporation, owns and operates the Richmond Cogeneration 
Facility, a 250 MW electric generating facility, which is an eligible 
facility within the meaning of section 32(a)(2) of the Public Utility 
Holding Company Act of 1935 (``PUHCA''). In Richmond Power Enterprise, 
L.P., et al., 62 FERC 61,157 (1993), the Commission determined that 
Entergy Power is an exempt wholesale generator (``EWG'') as defined in 
section 32(a)(1) of PUHCA. In its application, Entergy Power states 
that it intends to: (i) Engage directly in activities that relate to 
the development and potential acquisition of ownership interests in as-
yet unidentified eligible facilities and/or EWGs and (ii) engage, 
indirectly through an affiliate--Entergy Power Asia Ltd. (``Entergy 
Asia'')--in the business of owning or operating, or both owning and 
operating, an additional eligible facility as defined under section 
32(a)(2) of PUHCA--the Datong No. 2 Power Plant located in the People's 
Republic of China (``Datong Facility'')--and selling electric energy at 
wholesale and/or retail, and conducting project development and 
acquisition activities.
    The Datong Facility will consist of the Datong No. 2 Power Plant 
Phase(1), which consists of an existing operating coal fired power 
plant, the Datong No. 2 Power Plant Phase(2), consisting of two 600 MW 
pulverized coal units, which will be added to the Datong Facility, and 
the Datong No. 2 Power Plant Phase(3), which will also be added to the 
Datong Facility, increasing the plant size through two additional 600 
MW generating units. Entergy Asia and its co-owners of the Datong 
Facility will provide step-up, auxiliary, and other transformers, and 
switchyard equipment necessary to interconnect the Datong Facility with 
the transmission grid.
    Comment date: May 20, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

9. LG&E Power Marketing Inc.

[Docket No. ER94-1188-000]

    Take notice that on April 26, 1994, LG&E Power Marketing Inc. (LPM) 
tendered for filing, pursuant to Rules 205 and 207 of the Commission's 
Rules of Practice and Procedure, 18 CFR 385.205 and 385.207 (1993), its 
Rate Schedule No. 1, an initial rate schedule for sales of energy and 
capacity at market-based rates. LPM is a fourth-tier subsidiary of LG&E 
Energy Corp., an exempt public utility holding company.
    LPM intends to purchase and sell electric energy and capacity as a 
marketer. Rate Schedule No. 1 provides for the sale of non-firm energy 
and firm energy and capacity at rates established by agreement between 
the parties. No sales may be made under the schedule to any entity 
controlled by, under common control with, or controlling LPM. LPM and 
its affiliated utility, Louisville Gas and Electric Company (LG&E), 
intend to offer nonaffiliated power marketers and brokers access to the 
same information to be provided by LG&E to LPM and access to the 
services to be provided by LPM by LG&E under the same terms and 
conditions applicable to LPM. LPM requests an order accepting its rate 
schedule, effective as of the date of filing, and also requests waivers 
and preapprovals under various regulations of the Commission.
    Comment date: May 16, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

10. The Montana Power Company

[Docket No. ER94-1189-000]

    Take notice that on April 28, 1994, The Montana Power Company 
(Montana) tendered for filing with the Federal Energy Regulatory 
Commission pursuant to 18 CFR Sec. 35.13, a Form of Service Agreements 
with Enron Power Marketing, Inc. (Enron) and Lassen Municipal Utility 
District (Lassen) under FERC Electric Tariff, Second Revised Volume No. 
1 (M-1 Tariff), as well as a revised Index of Purchasers under said 
Tariff.
    A copy of the filing was served upon Enron and Lassen.
    Comment date: May 16, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

11. Northern States Power Company (Minnesota)

[Docket No. ER94-1190-000]

    Take notice that on April 28, 1994, Northern States Power Company 
(Minnesota) tenders a Blue Lake Emergency Connection Agreement between 
NSP and City of Shakopee.
    NSP requests this Agreement be effective upon the date of 
execution, April 4, 1994. NSP requests waiver of the Commission's 
Notice Requirements under Part 35 so the Agreement may be effective as 
of the date of execution.
    Comment date: May 16, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

12. PacifiCorp

[Docket No. ER94-1191-000]

    Take notice that on April 28, 1994, PacifiCorp, tendered for 
filing, in accordance with 18 CFR Part 35 of the Commission's Rules and 
Regulations the April 11, 1994 Letter Agreement between PacifiCorp and 
Tri-State Generation and Transmission Association, Inc. (Tri-State).
    PacifiCorp respectfully requests, pursuant to 18 CFR Sec. 35.11 of 
the Commission's Rules and Regulations, that a waiver of prior notice 
be granted and that an effective date of May 1, 1994 be assigned to the 
Letter Agreement.
    Copies of this filing were supplied to the Wyoming Public Service 
Commission.
    Comment date: May 16, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

13. Public Service Company of New Mexico

[Docket No. ER94-1192-000]

    Take notice that on April 28, 1994, Public Service Company of New 
Mexico (PNM) tendered for filing a Notice of Termination of the 1991-
1994 Power Sale Agreement between Arizona Electric Power Cooperative, 
Inc. (AEPCO) and PNM (PNM Rate Schedule FERC No. 91). Termination of 
that agreement is to be effective as of May 31, 1994. PNM requests 
waiver of the applicable notice requirements.
    Copies of the filing have been served upon AEPCO and the New Mexico 
Public Utility Commission.
    Comment date: May 16, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

14. PSI Energy, Inc.

[Docket No. ER94-1193-000]

    Take notice that on April 28, 1994, PSI Energy, Inc. (PSI), 
tendered for filing an Interchange Agreement, dated February 1, 1994, 
between PSI and Big Rivers Electric Corporation (Big Rivers).
    The Interchange Agreement provides for the following service 
between PSI and Big Rivers.

1. Service Schedule A--Emergency Service
2. Service Schedule B--Short-Term Power and Energy
3. Service Schedule C--Economy Energy
4. Service Schedule D--Non-Displacement Energy
5. Service Schedule E--Limited-Term Capacity and Energy

    PSI and Big Rivers have requested an effective date of June 27, 
1994.
    Copies of the filing were served on Big Rivers Electric 
Corporation, the Kentucky Public Service Commission and the Indiana 
Utility Regulatory Commission.
    Comment date: May 16, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

15. Duke Power Co.

[Docket No. ER94-1194-000]

    Take notice that on April 28, 1994, Duke Power Company (Duke) 
tendered for filing with the Commission Supplement No. 7 to Supplement 
No. 24 to the Interchange Agreement between Duke and Carolina Power & 
Light Company (CP&L) dated June 1, 1961, as amended (Interchange 
Agreement). Supplement No. 7 changes Duke''s monthly transmission 
capacity rate under the Interchange Agreement from $1.1521 per kW per 
month to $1.1409 per kW per month. Duke has proposed an effective date 
of July 1, 1994, for the revised charge.
    Copies of this filing were mailed to Carolina Power & Light 
Company, the North Carolina Utilities Commission, and the South 
Carolina Public Service Commission.
    Comment date: May 16, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

16. Sierra Pacific Power Co.

[Docket No. ER94-1195-000]

    Take notice that on April 28, 1994, Sierra Pacific Power Company 
(Sierra) tendered for filing: (1) Transmission Service Agreement 
between Sierra and Mt. Wheeler Power, Inc. (Mt. Wheeler) and (2) 
Amendment No. 1 to Operating Agreement No. 2 between Sierra and Mt. 
Wheeler. Sierra proposes that both such contractual documents be 
accepted and permitted to become effective as of June 27, 1994 or such 
earlier date as the Commission may provide.
    Sierra states that the aforesaid transmission agreement is in 
substance merely an amendment and restatement of an existing agreement 
with the same expiration date and essentially the same pricing 
provisions. The basic purposes of the amendment and restatement are: 
(1) To put together a basic contract and several subsequent amendments 
and supplements in a single location and (2) somewhat to increase the 
stipulated level of service in order to meet the expanded needs of the 
customer. The basic purpose of the operating agreement amendment is to 
conform with the transmission agreement.
    Sierra asserts that the filing has been served on Mt. Wheeler and 
on the regulatory commissions of Nevada and California.
    Comment date: May 16, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

17. Tampa Electric Co.

[Docket No. ER94-1196-000]

    Take notice that on April 28, 1994, Tampa Electric Company (Tampa 
Electric) tendered for filing cost support schedules showing 
recalculation of the Committed Capacity and Short-Term Power 
Transmission Service rates under Tampa Electric's agreements to provide 
qualifying facility transmission service for Mulberry Phosphates, Inc. 
(Mulberry), Cargill Fertilizer, Inc. (Cargill), and Auburndale Power 
Partners, Limited Partnership (Auburndale). Tampa Electric states that 
the recalculated transmission service rates are based on 1993 Form No. 
1 data.
    Tampa Electric proposes that the recalculated transmission service 
rates be made effective as of May 1, 1994, and therefore requests 
waiver of the Commission's notice requirements.
    Copies of the filing have been served on Mulberry, Cargill, 
Auburndale, and the Florida Public Service Commission.
    Comment date: May 16, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

18. Tampa Electric Co.

[Docket No. ER94-1197-000]

    Take notice that on April 28, 1994, Tampa Electric Company (Tampa 
Electric) tendered for filing revised cost support schedules showing a 
change in the daily capacity charge for its scheduled short-term firm 
interchange service provided under interchange contracts with Florida 
Power Corporation, Florida Power & Light Company. Florida Municipal 
Power Agency, Fort Pierce Utilities Authority, Jacksonville Electric 
Authority, Kissimmee Utility Authority, Oglethorpe Power Corporation, 
Orlando Utilities Commission, Reedy Creek Improvement District, St. 
Cloud Electric Utilities, Seminole Electric Cooperative, Inc., 
Utilities Commission of the City of New Smyrna Beach, Utility Board of 
the City of Key West, and the Cities of Gainesville, Homestead, Lake 
Worth, Lakeland, Starke, Tallahassee, and Vero Beach, Florida. Tampa 
Electric also tendered for filing revised caps on the charges for 
emergency and scheduled short-term firm interchange transactions under 
the same contracts.
    Tampa Electric requests that the revised daily capacity charge and 
revised caps on charges be made effective as of May 1, 1994, and 
therefore requests waiver of the Commission's notice requirements.
    Tampa Electric states that a copy of the filing has been served 
upon each of the above-named parties to interchange contracts with 
Tampa Electric, as well as the Florida and Georgia Public Service 
Commissions.
    Comment date: May 16, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

19. Consumers Power Co.

[Docket No. ER94-1198-000]

    Take notice that on April 29, 1994, Consumers Power Company 
(Consumers) tendered for filing a revision to the annual charge rate 
for charges due Consumers from Northern Indiana Public Service Company 
(Northern), under the terms of the Barton Lake-Batavia Interconnection 
Facilities Agreement (designated Consumers Power Company Electric Rate 
Schedule FERC No. 44).
    The revised charge is provided for in Subsection 1.043 of the 
Agreement, which provides that the annual charge rate may be 
redetermined effective May 1, 1994 using year-end 1993 data with a new 
annual charge rate. As a result of the redetermination, the monthly 
charges to be paid by Northern were increased from $16,917.00 to 
$17,020.00. Consumers requests an effective date of May 1, 1994, and 
therefore requests waiver of the Commission's notice requirements.
    Copies of the filing were served upon Northern, the Michigan Public 
Service Commission and the Indiana Utility Regulatory Commission.
    Comment date: May 16, 1994, in accordance with Standard Paragraph E 
at the end of this notice.

Standard Paragraphs

    E. Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 825 North Capitol 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 18 CFR 385.214). All such 
motions or protests should be filed on or before the comment date. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceeding. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 94-11367 Filed 5-10-94; 8:45 am]
BILLING CODE 6717-01-P