[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Notices]
[Pages 17682-17683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1604]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL05-85-000]


Adrian Energy Associates, LLC, Cadillac Renewable Energy, LLC, 
Genesee Power Station, LP, Grayling Generating Station, LP, Hillman 
Power Company, LLC, T.E.S. Filer City Station, LP, Viking Energy of 
Lincoln, Inc., Viking Energy of McBain, Inc., Complainants, Michigan 
Public Service Commission, Commissioner J. Peter Lark, Commissioner 
Robert B. Nelson, Commissioner Laura Chapelle, Respondents; Notice of 
Complaint

March 31, 2005.
    Take notice that on March 30, 2005, Adrian Energy Associates, LLC, 
Cadillac Renewable Energy, LLC, Genesee Power Station, LP, Grayling 
Generating Station, LP, Hillman Power Company, LLC, T.E.S. Filer City 
Station, LP, Viking Energy of Lincoln, Inc. and Viking Energy of 
McBain, Inc. (collectively, Michigan QFs), filed a formal complaint and 
petition against the Michigan Public Service Commission (MPSC), and 
Commissioner J. Peter Lark, Commissioner Robert B. Nelson, and 
Commissioner Laura Chapelle, alleging that:
    1. The MPSC, in an opinion and order issued February 28, 2005, 
failed to Implement and enforce the Public Utility Regulatory Policies 
Act of 1978 (PURPA), including 16 U.S.C. 824a-3(f) et seq. and the 
rules of the Federal Energy Regulatory Commission, including 18 CFR 
292.401 et seq.;
    2. The MPSC's February 28, 2005, opinion and order contravenes the 
Federal Power Act, 16 U.S.C. 791a et seq., 16 U.S.C. 824(b), the PURPA 
And the FERC rules; and
    3. The MPSC's February 28, 2005, opinion and order improperly and 
unlawfully alters pre-existing Power Purchase Agreements, subjecting 
the Qualifying Facilities (QFs) to utility-type regulation in violation 
of 16 U.S.C. 824a-3(e)(1) and 18 CFR 292.602, and unlawfully 
discriminating against the QFs in violation of 16 U.S.C. 824e-3(b)(2) 
and 18 CFR 292.304.
    The Michigan QFs certify that copies of the complaint were served 
on the contacts for the Michigan Public Service Commission, 
Commissioner J. Peter Lark, Commissioner Robert B. Nelson, and 
Commissioner Laura Chapelle as listed on the Commission's List of 
Corporate Officials.
    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. The Respondent's 
answer and all interventions, or protests must be filed on or before 
the comment date. The Respondent's answer, motions to intervene, and 
protest must be served on the Complainants.
    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

[[Page 17683]]

Online service, please e-mail [email protected], or call (866) 
208-3676 (toll free). For TTY, call (202) 502-8659.
    Comment Date: April 20, 2005.

Linda Mitry,
Deputy Secretary.
[FR Doc. E5-1604 Filed 4-6-05; 8:45 am]
BILLING CODE 6717-01-P