[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Notices]
[Pages 13493-13496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1206]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EC05-56-000, et al.]


Hardee Power Partners Limited, et al.; Electric Rate and 
Corporate Filings

March 14, 2005.

    The following filings have been made with the Commission. The 
filings are listed in ascending order within each docket 
classification.

[[Page 13494]]

1. Hardee Power Partners Limited, Invenergy TN LLC, Judith Gap Energy 
LLC, Spring Canyon Energy LLC

[Docket No. EC05-56-000]

    Take notice that on March 10, 2005, Hardee Power Partners Limited 
(Hardee Power), Invenergy TN LLC (Invenergy TN), Judith Gap Energy LLC 
(Judith Gap), and Spring Canyon Energy LLC (Spring Canyon), 
(collectively, the Applicants) submitted an application pursuant to 
section 203 of the Federal Power Act for authorization of an indirect 
disposition of jurisdictional facilities through two interrelated 
transactions that would result in changes to the upstream ownership 
interests held by existing indirect owners of the Applicants (the 
Transactions). Applicants state that Hardee Power owns and operates an 
approximately 370 MW natural gas/No. 2 oil-fired electricity generation 
facility located in Hardee Power and Polk Counties, Florida. Applicants 
state that Hardee Power's jurisdictional facilities consist of two 
long-term power sale agreements, a market-based rate tariff and 
contracts entered into thereunder, limited interconnection facilities, 
and related books and records. Applicants further state that Invenergy 
TN owns and operates an approximately 27 MW wind-powered generation 
facility located in Tennessee. Applicants also state that Invenergy 
TN's jurisdictional facilities consist of a market-based rate tariff 
and long-term contract entered into thereunder, limited interconnection 
facilities, and related books and records. Applicants state that once 
accepted for filing by the Commission, the jurisdictional facilities of 
Judith Gap and Spring Canyon will be their respective market-based rate 
tariffs. Applicants further state that the Transactions will not 
directly affect the Applicants direct ownership of their respective 
jurisdictional facilities nor will the Transactions affect the 
operation of such facilities.
    Comment Date: 5 p.m. Eastern Time on March 31, 2005.

2. Mesquite Investors, L.L.C.; San Joaquin Cogen, L.L.C.; Pawtucket 
Power Holding Company, L.L.C.; NAPG San Joaquin, L.L.C.; NAPG 
Pawtucket, L.L.C.;

[Docket No. EC05-57-000]

    Take notice that on March 11, 2005, Mesquite Investors, L.L.C. 
(Mesquite), San Joaquin Cogen, L.L.C. (San Joaquin), Pawtucket Power 
Holding Company, L.L.C. (Pawtucket), NAPG San Joaquin, L.L.C. (NAPG San 
Joaquin) and NAPG Pawtucket, L.L.C. (NAPG Pawtucket) (jointly, 
Applicants) filed with the Federal Energy Regulatory Commission an 
application pursuant to section 203 of the Federal Power Act requesting 
that the Commission authorize: (i) The sale and transfer of Mesquite's 
membership interests in San Joaquin to NAPG San Joaquin; and (ii) the 
sale and transfer of Mesquite's membership interests in Pawtucket to 
NAPG Pawtucket, and approve the conversion of San Joaquin's form of 
business organization to a limited liability company. Applicants 
requested privileged treatment for certain exhibits pursuant to 18 CFR 
33.9 and 388.112.
    Comment Date: 5 p.m. Eastern Time on April 1, 2005.

3. Mirant Corporation and Its Public Utility Subsidiaries

[Docket No. EC05-58-000]

    Take notice that on March 11, 2005, Mirant Corporation and its 
public utility subsidiaries (Applicants) filed with the Federal Energy 
Regulatory Commission an application pursuant to section 203 of the 
Federal Power Act requesting approval for certain internal asset 
transfers and a corporate restructuring (the Restructuring) to be 
implemented pursuant to the Plan of Reorganization filed with the 
United States Bankruptcy Court for the Northern District of Texas, Fort 
Worth Division (Bankruptcy Court) for Mirant and certain of its wholly-
owned subsidiaries on January 19, 2005, under Chapter 11 of the United 
States Bankruptcy Code. The Applicants request that the Commission 
provide them with certain limited flexibility to determine the specific 
manner by which the Restructuring will be implemented. The Applicants 
also request that the Commission issue an order approving the 
Restructuring no later than May 31, 2005, to permit the Plan of 
Reorganization to be confirmed by the Bankruptcy Court by June 30, 
2005. The Applicants further request certain limited waivers of the 
Commission's part 33 filing requirements.
    Comment Date: 5 p.m. Eastern Time on April 1, 2005.

4. Lake Benton Power Partners II, LLC

[Docket No. ER98-4222-003]

    Take notice that on March 10, 2005, Lake Benton Power Partners II, 
LLC (Lake Benton II) submitted a compliance filing pursuant to 
Investigation of Terms and Conditions of Public Utility Market-Based 
Rate Authorizations, 105 FERC ] 61,277 (2003), requiring that sellers 
with market-based rates that have not previously amended their tariffs 
to include the market behavior rules do so upon the filing of a three-
year market-based rate update. In addition, Lake Benton II submitted 
revised tariff sheets in compliance with the Commission Order No. 652 
issued February 10, 2005, Reporting Requirement for Changes in Status 
for Public Utilities with Market-Based Rate Authority, 110 FERC ] 
61,097 (2005). Lake Benton II also submitted amended tariff sheets in 
compliance with Order No. 614 issued March 31, 2000, Designation of 
Electric Rate Schedule Sheets, [1996-2000 Reg. Preambles] FERC Stats. & 
Regs. ] 31,096 (2000) and a revised Code of Conduct.
    Lake Benton II states that copies of the filing were served on 
parties on the official service list in the above-captioned proceeding 
and the Florida Public Service Commission.
    Comment Date: 5 p.m. Eastern Time on March 31, 2005.

5. New Mexico Electric Marketing, LLC

[Docket No. ER02-77-003]

    Take notice that on March 9, 2005, New Mexico Electric Marketing, 
LLC, (NewMex), submitted for filing, in response to a February 16, 2005 
deficiency letter, an amendment to its December 10, 2004 filing of its 
triennial updated market analysis.
    Comment Date: 5 p.m. Eastern Time on March 30, 2005.

6. Devon Power LLC, Middletown Power LLC, Montville Power LLC, Norwalk 
Power LLC, NRG Power Marketing Inc.

[Docket No. ER04-23-010]

    Take notice that on March 1, 2005, Devon Power LLC, Middletown 
Power LLC, Montville Power LLC, and Norwalk Power LLC (collectively 
NRG), submitted an Informational Filing showing the non-reliability 
must-run revenues earned during the period January 17, 2004 through 
December 31, 2004 by Devon Units 11-14, Montville Units 5, 6, 10 and 11 
and Middletown Units 2, 3, 4 and 10, pursuant to Paragraph II.5 of the 
Settlement Agreement approved by the Commission in an order issued 
January 27, 2005, in ISO New England Inc., et al., 110 FERC ] 61,079 
(2005).
    Comment Date: 5 p.m. Eastern Time on March 31, 2005.

7. Midwest Independent Transmission System Operator, Inc.; Public 
Utilities With Grandfathered Agreements in the Midwest ISO Region

[Docket Nos. ER04-691-029, EL04-104-028]

    Take notice that on March 10, 2005, the Midwest Independent 
Transmission System Operator, Inc. (Midwest ISO) submitted revisions to 
the Midwest ISO's Open Access Transmission and Energy Markets Tariff 
and other

[[Page 13495]]

information in compliance with the Commission's December 20, 2004 Order 
in Midwest Independent Transmission System Operator, Inc., et al., 109 
FERC ] 61,285 (2004). The Midwest ISO has requested a May 9, 2005, 
effective date for all tariff sheets submitted as part of this filing.
    The Midwest ISO states that it has electronically served a copy of 
this filing, with attachments, upon all Midwest ISO Members, Member 
representatives of Transmission Owners and Non-Transmission Owners, the 
Midwest ISO Advisory Committee participants, as well as all state 
commissions within the region. In addition, Midwest states that the 
filing has been electronically posted on the Midwest ISO's Web site at 
http://www.midwestiso.org under the heading ``Filings to FERC'' for 
other interested parties in this matter and that the Midwest ISO will 
provide hard copies to any interested parties upon request.
    Comment Date: 5 p.m. Eastern Time on March 31, 2005.

8. Central Maine Power Company

[Docket No. ER04-973-001]

    Take notice that on March 8, 2005, Central Maine Power Company 
(CMP) tendered for filing, a supplement to its June 30, 2004 
informational filing consisting of the annual update of the formula 
rates in CMP's Open Access Transmission Tariff. CMP states that the 
supplement to the annual informational filing is made in accordance 
with section 1.18 of the Settlement Agreement approved by the 
Commission on September 28, 2000 in Docket No. ER00-26-000, et al., 92 
FERC ] 61,272.
    CMP further states that the charges associated with the 
supplemental data took effect February 1, 2005, in conjunction with the 
effective date of the New England RTO operations.
    CMP states that copies of this filing were served on Commission 
staff and the Maine Public Utilities Commission.
    Comment Date: 5 p.m. Eastern Time on March 29, 2005.

9. Avista Corporation

[Docket No. ER05-577-001]

    Take notice that on March 10, 2005, Avista Corporation tendered for 
filing an amendment to its open access transmission tariff (OATT) to 
correct a typographical error in its compliance filing for Order 2003-B 
filed on February 15, 2005 in Docket No. ER05-577-000. Avista 
Corporation states that this revision does not change any portion of 
the pro forma Large Generator Interconnection Procedures and Large 
Generator Interconnection Agreement in Avista Corporation's OATT. 
Avista Corporation requests an effective date of January 19, 2005.
    Avista Corporation states that copies of this filing were supplied 
to Avista Corporation's existing transmission customers.
    Comment Date: Eastern Time on March 31, 2005.

10. Phoenix Energy Trading, LLC

[Docket No. ER05-654-001]

    Take notice that on March 9, 2005, Phoenix Energy Trading, LLC. 
(PHOENIX) filed an amendment to its February 28, 2005 petition for 
acceptance of PHOENIX Rate Schedule FERC No. 1; the granting of certain 
blanket approvals, including the authority to sell electricity at 
market-based rates; and the waiver of certain Commission regulations.
    Comment Date: 5 p.m. Eastern Time on March 21, 2005.

11. Public Service Company of New Mexico, Texas-New Mexico Power 
Company

[Docket No. ER05-689-000]

    Take notice that on March 9, 2005, Public Service Company of New 
Mexico (PNM) and Texas-New Mexico Power Company (TNMP) tendered for 
filing the Joint Open Access Transmission Tariff (Joint OATT), Original 
Volume No. 1, of the PNM Resources, Inc. (PNM Resources) Operating 
Companies. PNM and TNMP request that the Joint OATT become effective on 
the later of: (1) May 8, 2005, or (2) the closing date of the 
acquisition of TNMP's parent, TNP Enterprises, Inc., by PNM's parent, 
PNM Resources. PNM and TNMP state that the Joint OATT is being filed to 
combine into a common OATT the harmonized non-rate terms and conditions 
of the respective PNM and TNMP OATTs.
    PNM and TNMP state that copies of the filing have been served on 
all existing OATT customers of PNM and TNMP, the New Mexico Public 
Regulation Commission, and the New Mexico Attorney General. PNM and 
TNMP also state that copies of the filing are available for public 
inspection at PNM's offices in Albuquerque, New Mexico, and at TNMP's 
offices in Fort Worth, Texas.
    Comment Date: 5 p.m. Eastern Time on March 30, 2005.

12. Westar Energy, Inc.

[Docket No. ER05-690-000]

    Take notice that on March 9, 2005, Westar Energy, Inc. (Westar) 
submitted for filing a Notice of Cancellation for Rate Schedule FERC 
No. 228, an Electric Power Supply Agreement between Westar and the City 
of Marion, Kansas.
    Westar states that copies of the filing were served upon the Kansas 
Corporation Commission and the City of Marion, Kansas.
    Comment Date: 5 p.m. Eastern Time on March 30, 2005.

13. NorthWestern Energy

[Docket No. ER05-691-000]

    Take notice that on March 10, 2005, NorthWestern Energy tendered 
for filing an executed Generation Interconnection Agreement between 
NorthWestern Energy (Montana) and Exergy Development Group, LLC. 
Northwestern Energy requested an effective date of December 17, 2004.
    Comment Date: 5 p.m. Eastern Time on March 31, 2005.

14. PJM Interconnection, L.L.C.

[Docket No. ER05-692-000]

    Take notice that on March 10, 2005, PJM Interconnection, L.L.C. 
(PJM) submitted amendments to Schedule 2 of the PJM Open Access 
Transmission Tariff to incorporate the amended revenue requirements for 
reactive supply and voltage control from generation sources service for 
Allegheny Energy Supply Company, LLC (AE Supply), Monongahela Power 
Company (Mon Power), Duke Energy Lee, LLC (Duke Lee), Midwest 
Generation, LLC (MWGen), Rolling Hills Generating, L.L.C. (Rolling 
Hills), Ocean Peaking Power, L.L.C. (OPP), FPL Energy Marcus Hook, L.P. 
(Marcus Hook), Riverside Generating Company, L.L.C. (Riverside), and 
Buckeye Power, Inc. (Buckeye).
    PJM states that copies of this filing have been served on all PJM 
members, AE Supply, Mon Power, Duke Lee, MWGen, Rolling Hills, OPP, 
Marcus Hook, FPL Energy, Riverside, Buckeye, and each state electric 
utility regulatory commission in the PJM region.
    Comment Date: 5 p.m. Eastern Time on March 31, 2005.

15. PG Power Sales One, L.L.C.

[Docket No. ER05-693-000]

    Take notice that on March 10, 2005, PG Power Sales One, L.L.C. 
(PGPS 1), by and through Peabody Energy, submitted for filing a Notice 
of Cancellation of its Market-Based Rate Tariff, Rate Schedule No. 1. 
PGPS 1 requests an effective date of December 31, 2004.
    PGPS 1 states that notice of the proposed cancellation, has not 
been served on any party because PGPS 1 has not engaged in any sales of 
electric power or entered into any power or related contracts with any 
purchasers.
    Comment Date: 5 p.m. Eastern Time on March 31, 2005.

[[Page 13496]]

Standard Paragraph

    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 385.214). 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 notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant and all parties to this proceeding.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
[email protected], or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.

Linda Mitry,
Deputy Secretary.
[FR Doc. E5-1206 Filed 3-18-05; 8:45 am]
BILLING CODE 6717-01-P