[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
[Notices]
[Pages 24967-24968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9906]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER02-2001-007; Docket No. ER07-430-000; Docket No. ER07-
591-000]


Electric Quarterly Reports; Dunhill Power, L.P.; Exel Power 
Sources, LLC; Order on Intent To Revoke Market-Based Rate Authority

Issued April 30, 2008.

Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. 
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d 
(2000), and 18 CFR part 35 (2005), require, among other things, that 
all rates, terms, and conditions of jurisdictional services be filed 
with the Commission. In Order No. 2001, the Commission revised its 
public utility filing requirements and established a requirement for 
public utilities, including power marketers, to file Electric Quarterly 
Reports summarizing the contractual terms and conditions in their 
agreements for all jurisdictional services (including market-based 
power sales, cost-based power sales, and transmission service) and 
providing transaction information (including rates) for short-term and 
long-term power sales during the most recent calendar quarter.\1\
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    \1\ Revised Public Utility Filing Requirements, Order No. 2001, 
67 FR 31043, FERC Stats. & Regs. ] 31,127 (April 25, 2002), reh'g 
denied, Order No. 2001-A, 100 FERC ] 61,074, reconsideration and 
clarification denied, Order No. 2001-B, 100 FERC ] 61,342, order 
directing filings, Order No. 2001-C, 101 FERC ] 61,314 (2002).
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    2. Commission staff's review of the Electric Quarterly Report 
submittals has revealed that two utilities with authority to sell 
electric power at market-based rates have failed to file their Electric 
Quarterly Reports for more than one quarter. This order notifies these 
public utilities that their market-based rate authorizations will be 
revoked unless they comply with the Commission's requirements within 15 
days of the date of issuance of this order.
    3. In Order No. 2001, the Commission stated that,

    [i]f a public utility fails to file a[n] Electric Quarterly 
Report (without an appropriate request for extension), or fails to 
report an agreement in a report, that public utility may forfeit its 
market-based rate authority and may be required to file a new 
application for market-based rate authority if it wishes to resume 
making sales at market-based rates.\[2]\

    \2\ Order No. 2001 at P 222.

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    4. The Commission further stated that,

    [o]nce this rule becomes effective, the requirement to comply 
with this rule will supersede the conditions in public utilities' 
market-based rate authorizations, and failure to comply with the 
requirements of this rule will subject public utilities to the same 
consequences they would face for not satisfying the conditions in 
their rate authorizations, including possible revocation of their 
authority to make wholesale power sales at market-based rates.[\3\]
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    \3\ Id. at P 223.

    5. Pursuant to these requirements, the Commission has revoked or 
withdrawn the market-based rate tariffs of several

[[Page 24968]]

market-based rate sellers that failed to submit their Electric 
Quarterly Reports.\4\
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    \4\ See Electric Quarterly Reports, 115 FERC ] 61,073 (2006) 
(April 2006 Revocation Order), Electric Quarterly Reports, 114 FERC 
] 61,171 (2006) (February 2006 Revocation Order); Electric Quarterly 
Reports, 107 FERC ] 61,310 (2004); Notice of Revocation of Market-
Based Rate Tariffs, 69 Fed. Reg. 57,679 (September 27, 2004); 
Electric Quarterly Reports, 105 FERC ] 61,219 (2003); and Electric 
Quarterly Reports, 104 FERC ] 61,139 (2003).
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    6. Commission staff's review of the Electric Quarterly Report 
submittals identified two public utilities with authority to sell power 
at market-based rates that failed to file Electric Quarterly Reports 
through the fourth quarter of 2007. Commission staff contacted these 
entities to remind them of their regulatory obligations.\5\ None of the 
public utilities listed in the caption of this order has met those 
obligations.\6\
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    \5\ See Dunhill, L.P., Docket No. ER07-430-000 (February 13, 
2008) (unpublished letter order); Exel Power Sources, LLC, Docket 
No. ER07-591-000 (February 13, 2008) (unpublished letter order).
    \6\ According to the Commission's records, the companies subject 
to this order last filed their Electric Quarterly Reports in the 
quarters and years shown below: See table near footnote 6 reference.

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                Respondent                       Last quarter filed
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Dunhill Power, L.P........................  2007, Quarter 2
Exel Power Sources, L.L.C.................  Never Filed
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    Accordingly, this order notifies these public utilities that their 
market-based rate authorizations will be revoked unless they comply 
with the Commission's requirements within 15 days of the issuance of 
this order.
    7. In the event that either of the above-captioned market-based 
rate sellers has already filed its Electric Quarterly Reports in 
compliance with the Commission's requirements, its inclusion herein is 
inadvertent. Such market-based rate seller is directed, within 15 days 
of the date of issuance of this order, to make a filing with the 
Commission identifying itself and providing details about its prior 
filings that establish that it complied with the Commission's Electric 
Quarterly Report filing requirements.
    8. If either of the above-captioned market-based rate sellers does 
not wish to continue having market-based rate authority and does not 
foresee entering into any contracts to sell power at market-based 
rates, it may file a notice of cancellation with the Commission 
pursuant to section 205 of the FPA to cancel its market-based rate 
tariff and end its obligation to submit further Electric Quarterly 
Reports.
    The Commission orders:
    (A) Within 15 days of the date of issuance of this order, each 
public utility listed in the caption of this order shall file with the 
Commission all delinquent Electric Quarterly Reports. If a public 
utility fails to make this filing, the Commission will revoke the 
public utility's authority to sell power at market-based rates and 
terminate its electric market-based rate tariff. The Secretary is 
hereby directed, upon expiration of the filing deadline in this order, 
to promptly issue a notice, effective on the date of issuance, listing 
the public utilities whose tariffs have been revoked for failure to 
comply with the requirements of this order and the Commission's 
Electric Quarterly Report filing requirements.
    (B) The Secretary is hereby directed to publish this order in the 
Federal Register.

    By the Commission.
Kimberly D. Bose,
Secretary.
 [FR Doc. E8-9906 Filed 5-5-08; 8:45 am]
BILLING CODE 6717-01-P