[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Notices]
[Pages 8249-8250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3931]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER02-2001-010; Docket No. ER06-1152-000; Docket No. ER07-
1247-000]


Order on Intent To Revoke Market-Based Rate Authority

February 19, 2009.
    Before Commissioners: Jon Wellinghoff, Acting Chairman; Suedeen G. 
Kelly, Marc Spitzer, and Philip D. Moeller.
    Electric Quarterly Reports: Docket No. ER02-2001-010.
    Celeren Corporation: Docket No. ER06-1152-000.
    FC Energy Services Company, LLC: Docket No. ER07-1247-000.
    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d 
(2006), 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 two utilities with authority to sell electric 
power at market-based rates have failed to file their Electric 
Quarterly Reports. 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\
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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. 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 two public utilities with 
authority to sell power at market-based rates that failed to file 
Electric Quarterly Reports through the third and fourth quarters of 
2008. 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 Celeren Corporation, Docket No. ER06-1152-000 (December 
19, 2008) (unpublished letter order); FC Energy Services Company, 
LLC, Docket No. ER07-1247-000 (December 19, 2008) (unpublished 
letter order).
    \6\ According to the Commission's records, the companies subject 
to this order last filed their Electric Quarterly Reports for the 
2nd quarter of 2008.
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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 any of the above-captioned market-based rate 
sellers 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 
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 any of the above-captioned market-based rate sellers do not 
wish to continue having market-based rate authority, they may file a 
notice of cancellation with the Commission pursuant to section 205 of 
the FPA to cancel their market-based rate tariff.
    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 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 utilities whose tariffs have

[[Page 8250]]

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. Commissioner Kelliher is not participating.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-3931 Filed 2-23-09; 8:45 am]
BILLING CODE 6717-01-P