[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Notices]
[Page 51696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25357]


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DEPARTMENT OF ENERGY
[Docket No. RM95-8-000; RM94-7-001]


Notice of Extension of Time and Clarifying Service and Docketing 
Procedures

September 27, 1996.
    In the matter of Promoting Wholesale Competition Through Open 
Access Non-discriminatory Transmission Services by Public Utilities 
and Recovery of Stranded Costs by Public Utilities and Transmitting 
Utilities.

    This Notice extends the date by which public utilities that are 
members of tight power pools or are within loose power pools must take 
service under joint pool-wide open access transmission pro forma 
tariffs. It also extends the date by which public utilities that are 
members of holding companies must begin to take service under their 
system-wide tariffs.

Order No. 888

    In Order No. 888,\1\ the Commission required that public utilities 
that are members of tight power pools or are within loose power pools 
file joint pool-wide Final Rule pro forma tariffs no later than 
December 31, 1996 and begin to take service under those tariffs for all 
pool transactions no later than December 31, 1996. The Commission also 
required that they file reformed power pooling agreements no later than 
December 31, 1996.\2\
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    \1\ Promoting Wholesale Competition Through Open Access Non-
discriminatory Transmission Services by Public Utilities, and 
Recovery of Stranded Costs by Public Utilities and Transmitting 
Utilities, 61 FR 21540 (May 10, 1996); FERC Stats. & Regs. para. 
31,036 (Order No. 888), reh'g pending.
    \2\ 61 FR at 21594 and 21694; Order No. 888, mimeo at 270-73 and 
780-81.
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    With respect to public utility holding companies (except the 
Central and South West (CSW) System), the Commission required public 
utilities that are members of holding companies to file a single 
system-wide Final Rule pro forma tariff permitting transmission service 
across the entire holding company system at a single price within 60 
days of publication of the Final Rule in the Federal Register.\3\ As to 
CSW, the Commission directed the public utility subsidiaries of CSW to 
file no later than December 31, 1996, a system tariff that provides 
comparable service to all wholesale users on the CSW System.\4\ 
Moreover, the Commission extended the date by which public utilities 
that are members of holding companies must take service under the 
system tariff for wholesale trades between and among the public utility 
operating companies within the holding company system to no later than 
December 31, 1996.
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    \3\ 61 FR at 21594 and 21694; Order No. 888, mimeo at 274 and 
780-81.
    \4\ 61 FR at 21595 and 21694; Order No. 888, mimeo at 276 and 
780-81.
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    The Commission also noted that registered holding companies may 
need to reform their holding company equalization agreements to 
recognize the non-discriminatory terms and conditions of transmission 
service required under the Final Rule pro forma tariff.\5\ However, it 
did not set a date by which reformed equalization agreements should be 
filed.
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    \5\ 61 FR at 21595 and 21694; Order No. 888, mimeo at 276-77 and 
780-81.
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Discussion

    Under Order No. 888, the joint pool-wide section 206 compliance 
tariffs would become effective December 31, 1996, and the requirement 
to take service under those tariffs would be effective no later than 
December 31, 1996; however, proposed amendments to the related pooling 
agreements would need to be made pursuant to section 205 of the FPA and 
could not become effective until 60 days after filing (i.e., 60 days 
after December 31, 1996 for those utilities that file on December 31, 
1996). The Commission believes it is important to review in tandem the 
revised tariffs and proposed power pool amendments, and to have the 
opportunity to act on both prior to their effectiveness. Accordingly, 
in order to permit Commission review of both the joint pool-wide 
tariffs and the amended power pooling agreements required by Order No. 
888 prior to the time the tariffs become effective, the Commission will 
extend the date by which public utilities that are members of tight 
power pools or are within loose power pools must begin to take service 
under new pool-wide tariffs. Joint pool-wide section 206 compliance 
tariffs must be filed no later than December 31, 1996, and pool members 
must begin to take service under the tariffs 60 days after the section 
206 filing.\6\ Amendments to power pool agreements also must be filed 
no later than December 31, 1996, and will take effect 60 days after 
filing unless otherwise ordered by the Commission.\7\
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    \6\ As a reminder to affected entities, the Commission will 
assign OA docket designations to the joint pool-wide section 206 
compliance tariff filings and will provide notice of such filings 
with a period of 30 days for interested entities to respond. See 
Order Clarifying Order Nos. 888 and 889 Compliance Matters, 76 FERC 
para. 61,009 (1996) (Clarifying Order). In addition, as also 
explained in the Clarifying Order, electronic versions of the 
compliance tariff filings must be submitted for posting on the 
Commission's Electronic Bulletin Board and copies of the compliance 
filings must be provided on electronic diskette (via overnight 
delivery) to any eligible customer (as well as any state regulatory 
agency) that requests a copy. In order to receive such a copy, a 
request must be made prior to the date the compliance tariff is 
filed and must include an indication of the entity's agreement to 
pay the costs associated with such service. Moreover, we will 
require loose and tight power pools, as defined in Order No. 888, to 
serve copies of their compliance filings (via overnight wholesale 
service from the pool after the date of issuance of the Open Access 
NOPR and on the state agencies that regulate public utilities in the 
states of the power pools and customers.
    \7\ Any amended pooling agreements, as well as any reformed 
equalization agreements, will be designated ER dockets, consistent 
with the Commission's current practice.
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    The Commission also will give members of public utility holding 
companies, including CSW, an extension of time to begin to take service 
under their system-wide tariff until no later than March 1, 1997, which 
is 60 days after December 31, 1996. This is consistent with our 
treatment of power pools.

    By direction of the Commission.
Lois D. Cashell,
Secretary.
[FR Doc. 96-25357 Filed 10-2-96; 8:45 am]
BILLING CODE 6717-01-M