[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Notices]
[Pages 58717-58719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29228]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER98-2791-000, et al.]


Arizona Public Service Company, et al.; Electric Rate and 
Corporate Regulation Filings

October 26, 1998.
    Take notice that the following filings have been made with the 
Commission:

1. Arizona Public Service Company

[Docket No. ER98-2791-001]

    Take notice that on October 21, 1998, Arizona Public Service 
Company (APS), tendered for filing a revised unexecuted service 
agreement for sales made through the California Power Exchange 
Corporation (PX), under the market based tariff of APS, in compliance 
to the Commission's Order issued on June 25, 1998, in Docket No. ER98-
2791-000.
    Copies of this filing have been served on the Arizona Corporation 
Commission, the, PX and APS' Merchant Group.
    Comment date: November 10, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

2. The Potomac Edison Company, West Penn Power Company, Monongahela 
Power Company, Cleveland Electric Illuminating Company, Toledo 
Edison Company, Ohio Edison Company, Pennsylvania Power Company, 
Alabama Power Company, Georgia Power Company, Gulf Power Company, 
Mississippi Power Company and Savannah Electric & Power Company v. 
Virginia Electric & Power Company

[Docket No. EL99-5-000]

    Take notice that on October 20, 1998, The Potomac Edison Company, 
West Penn Power Company, Monongahela Power Company, Alabama Power 
Company, Georgia Power Company, Gulf Power Company, Mississippi Power 
Company, Savannah Electric & Power Company, The Cleveland Electric 
Illuminating Company, The Toledo Edison Company, Ohio Edison Company, 
and Pennsylvania Power Company, tendered for filing a Complaint against 
Virginia Electric and Power Company arising out of a dispute under the 
GAPP Experiment Participation Agreement and the Commission's Order 
Accepting For Filing GAPP Experiment Participation Agreement dated 
March 25, 1997 (78 FERC para. 61, 314).
    Comment date: November 25, 1998, in accordance with Standard 
Paragraph E at the end of this notice. Answers to the Complaint are 
also due on or before November 25, 1998.

3. Braintree Electric Light Department v. Boston Edison Company

[Docket No. EL99-7-000]

    Take notice that on October 22, 1998, Braintree Electric Light 
Department tendered for filing with the Federal Energy Regulatory 
Commission a Petition for Declaratory Order Disclaiming Primary 
Jurisdiction pursuant to Section 207 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.207): (1) disclaiming primary 
jurisdiction over breach of contract, and contract amendment and 
termination issues, raised in Braintree's complaint in the 
Massachusetts Superior Court for Norfolk County (Case No. 98-01882--
Braintree Electric Light Department v. Boston Edison Company); and (2) 
determining that the Massachusetts state court is the appropriate forum 
for resolving the contract dispute raised before the Commission by 
Boston

[[Page 58718]]

Edison Company (BECO) in Docket No. ER99-35-000.
    Braintree requests the Commission decline primary jurisdiction over 
a contractual dispute implicated in both Braintree's civil complaint in 
Massachusetts Superior Court for Norfolk County for breach of contract, 
rescission and termination without liability of the Contract Demand 
Agreement between Braintree and BECO, and BECO's filing of 
contractually barred unilateral amendments to the Agreement in Docket 
No. ER99-35-000. Commission precedent requires disclaimer of primary 
jurisdiction over this dispute because (1) the Commission possesses no 
special expertise to resolve this contractual dispute, (2) there is no 
need for uniformity in the interpretation of this Contract, and (3) the 
issues raised in this case are distant in relation to the regulatory 
responsibilities of the Commission.
    Comment date: November 25, 1998, in accordance with Standard 
Paragraph E at the end of this notice. Answers to the Complaint are 
also due on or before November 25, 1998.

4. Reading Municipal Light Department v. Boston Edison Company

[Docket No. EL99-8-000]

    Take notice that on October 22, 1998, Reading Electric Light 
Department tendered for filing with the Federal Energy Regulatory 
Commission a Petition for Declaratory Order Disclaiming Primary 
Jurisdiction pursuant to Section 206 of the Federal Power Act and 
Section 207 of the Commission's Rules of Practice and Procedure (18 CFR 
385.207): (1) disclaiming primary jurisdiction over breach of contract, 
and contract amendment and termination issues, raised in Reading's 
complaint in the Massachusetts Superior Court for Middlesex County 
(Case No. 98-5245F--Reading Municipal Light Department v. Boston Edison 
Company); and (2) determining that the Massachusetts state court is the 
appropriate forum for resolving the contract dispute raised before the 
Commission by Boston Edison Company (BECO) in Docket No. ER99-35-000.
    Reading requests that the Commission decline primary jurisdiction 
over a contractual dispute implicated in both Reading's civil complaint 
in Massachusetts Superior Court for Middlesex County for breach of 
contract, rescission and termination without liability of the Contract 
Demand Agreement between Reading and BECO, and BECO's filing of 
contractually barred unilateral amendments to the agreement in Docket 
No. ER99-35-000. Commission precedent requires disclaimer of primary 
jurisdiction over this dispute because (1) the Commission possesses no 
special expertise to resolve this contractual dispute, (2) there is no 
need for uniformity in the interpretation of this Contract, and (3) the 
issues raised in this case are distant in relation to the regulatory 
responsibilities of the Commission.
    Comment date: November 25, 1998, in accordance with Standard 
Paragraph E at the end of this notice. Answers to the Complaint are 
also due on or before November 25, 1998.

5. Carolina Power & Light Company

[Docket No. ER99-258-000]

    Take notice that on October 21, 1998, Carolina Power & Light 
Company (CP&L), tendered for filing a Service Agreement for Short-Term 
Firm Point-to-Point Transmission Service with Consumers Energy Company 
and The Detroit Edison Company (collectively the Michigan Companies). 
Service to this Eligible Customer will be in accordance with the terms 
and conditions of Carolina Power & Light Company's Open Access 
Transmission Tariff.
    CP&L is requesting an effective date of September 28, 1998, for 
this Service Agreement.
    Copies of the filing were served upon the North Carolina Utilities 
Commission and the South Carolina Public Service Commission.
    Comment date: November 10, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

6. PP&L, Inc.

[Docket No. ER99-259-000]

    Take notice that on October 21, 1998, PP&L, Inc. (PP&L), tendered 
for filing a Service Agreement dated September 30, 1998, with 
Constellation Power Source, Inc. (Constellation), under PP&L's Market-
Based Rate and Resale of Transmission Rights Tariff, FERC Electric 
Tariff, Volume No. 5. The Service Agreement adds Constellation as an 
eligible customer under the Tariff.
    PP&L requests an effective date of October 21, 1998, for the 
Service Agreement.
    PP&L states that copies of this filing have been supplied to 
Constellation and to the Pennsylvania Public Utility Commission.
    Comment date: November 10, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

7. Central Maine Power Company

[Docket No. ER99-260-000]

    Take notice that on October 21, 1998, Central Maine Power Company 
(CMP), tendered for filing an executed service agreement for sale of 
capacity and/or energy entered into with TransCanada Power Marketing 
Ltd. Service will be provided pursuant to CMP's Wholesale Market 
Tariff, designated rate schedule CMP--FERC Electric Tariff, Original 
Volume No. 4.
    CMP respectfully requests that the Commission accept the Service 
Agreement for filing and requests waiver of the Commission's notice 
requirements to permit service under the Agreement to become effective 
as of October 20, 1998.
    Comment date: November 10, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

8. Central Maine Power Company

[Docket No. ER99-261-000]

    Take notice that on October 21, 1998, Central Maine Power Company 
(CMP), tendered for filing an executed service agreement for sale of 
capacity and/or energy entered into with Northeast Utilities Service 
Company (NUSCO). Service will be provided pursuant to CMP's Wholesale 
Market Tariff, designated rate schedule CMP--FERC Electric Tariff, 
Original Volume No. 4.
    CMP respectfully requests that the Commission accept the Service 
Agreement for filing and requests waiver of the Commission's notice 
requirements to permit service under the Agreement to become effective 
as of October 20, 1998.
    Comment date: November 10, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

9. Maine Electric Power Company

[Docket No. ER99-262-000]

    Take notice that on October 21, 1998, Maine Electric Power Co. 
(MEPCO), tendered for filing pursuant to Part 35 of the Federal Energy 
Regulatory Commission's Rules of Practice and Procedure, 18 CFR 35, a 
Letter Agreement amending the term of two service agreements entered 
into with Bangor Hydro-Electric Company (BHE), one dated July 9, 1996, 
and the other dated July 24, 1996 (each as originally accepted for 
filing in Docket No. ER96-2634-000 and extended under ER98-22-000), 
under which MEPCO is providing Firm Point-to-Point Transmission Service 
in accordance with the MEPCO Open Access Transmission Tariff (the 
Tariff). The Letter Agreement extends the term of

[[Page 58719]]

the Service Agreements to February 29, 2000.
    MEPCO respectfully requests that the Commission accept the Letter 
Agreement for filing and establish an effective date of no later than 
October 31, 1998. MEPCO requests waiver of the Commission's notice 
requirements.
    Comment date: November 10, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

10. Maine Electric Power Company

[Docket No. ER99-263-000]

    Take notice that on October 21, 1998, Maine Electric Power Company 
(MEPCO), tendered for filing a service agreement for Non-Firm Point-to-
Point Transmission Service entered into with TransCanada Power 
Marketing, Ltd. Service will be provided pursuant to MEPCO's Open 
Access Transmission Tariff, designated rate schedule MEPCO--FERC 
Electric Tariff, Original Volume No. 1, as supplemented.
    MEPCO respectfully requests that the Commission accept this Service 
Agreement for filing and requests waiver of the Commission's notice 
requirements to permit service under the agreement to become effective 
as of October 20, 1998.
    Comment date: November 10, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

11. Niagara Mohawk Power Corporation

[Docket No. OA96-194-005]

    Take notice that on October 23, 1998, Niagara Mohawk Power 
Corporation (Niagara Mohawk) tendered for filing its compliance report 
pursuant to the Commission's order issued October 14, 1998. Copies of 
the filing have been served by Niagara Mohawk upon the other parties to 
the above-captioned proceeding.
    Comment date: November 25, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

12. New England Power Company

[Docket Nos. OA97-237-004 and ER97-1327-001]

    Take notice that on October 20, 1998, New England Power Company, 
tendered for filing its refund compliance report associated with 
refunds made directly to customers from revenue received by New England 
Power Company for Excepted Transactions under the NEPOOL Tariff.
    Comment date: November 25, 1998, 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, 888 First Street, N.E., Washington, D.C. 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 these filings are on file with 
the Commission and are available for public inspection.
David P. Boergers,
Secretary.
[FR Doc. 98-29228 Filed 10-30-98; 8:45 am]
BILLING CODE 6717-01-P