[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71639-71640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27992]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER02-2001-009; Docket No. ER07-559-000]


Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. 
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff; Electric 
Quarterly Reports, Flat Earth Energy, LLCOrder on Intent To Revoke 
Market-Based Rate Authority

November 20, 2008.
    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d 
(2000), and 18 CFR part 35 (2008), 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, 
FERC Stats. & Regs. ] 31,127, 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) order directing filings, Order No. 2001-
D, 102 FERC ] 61,334 (2003).
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    2. Commission staff's review of the Electric Quarterly Report 
submittals indicates that one utility with authority to sell electric 
power at market-based rates has failed to file its Electric Quarterly 
Reports. This order notifies this public utility that its market-based 
rate authorization will be revoked unless it complies 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\
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    \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 the 
market-based rate tariffs of several market-based rate sellers that 
failed to submit their Electric Quarterly Reports.\4\
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    \4\ See, e.g., Electric Quarterly Reports, 73 FR 31,460 (June 2, 
2008); Electric Quarterly Reports, 115 FERC ] 61,073 (2006), 
Electric Quarterly Reports, 114 FERC ] 61,171 (2006).
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    6. As noted above, Commission staff's review of the Electric 
Quarterly Report submittals identified one public utility with 
authority to sell power at market-based rates that failed to file 
Electric Quarterly Reports through the third quarter of 2008. 
Commission staff contacted this entity to remind it of its regulatory 
obligations.\5\ Nevertheless, the public utility listed in the caption 
of this order has not met those obligations.\6\ Accordingly, this order 
notifies this public utility that its market-based rate authorization 
will be revoked unless it complies with the Commission's requirements 
within 15 days of the issuance of this order.
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    \5\ See Flat Earth Energy, LLC, Docket No. ER07-559-000 (October 
7, 2008) (unpublished letter order).
    \6\ According to the Commission's records, the company subject 
to this order last filed its Electric Quarterly Reports for the 1st 
quarter of 2008.
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    7. In the event that the above-captioned market-based rate seller 
has already filed its Electric Quarterly Report 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

[[Page 71640]]

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 the above-captioned market-based rate seller does not wish to 
continue having market-based rate authority, it may file a notice of 
cancellation with the Commission pursuant to section 205 of the FPA to 
cancel its market-based rate tariff.
    The Commission orders:
    (A) Within 15 days of the date of issuance of this order, the 
public utility listed in the caption of this order shall file with the 
Commission all delinquent Electric Quarterly Reports. If the public 
utility fails to make this filing, the Commission will revoke that 
public utility's authority to sell power at market-based rates and will 
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 utility whose tariff has 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. E8-27992 Filed 11-24-08; 8:45 am]
BILLING CODE 6717-01-P