[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30565-30566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15205]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER02-2001-012; Docket No. ER07-1250-000]


Electric Quarterly Reports; PowerGrid Systems, Inc. Order on 
Intent To Revoke Market-Based Rate Authority

Issued June 22, 2009.
    1. Section 205 of the Federal Power Act (FPA),\1\ and the 
Commission's regulations at 18 CFR Part 35, 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.\2\
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    \1\ 16 U.S.C. 824d (2006).
    \2\ 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 filing, Order No. 2001-C, 
101 FERC ] 61,314 (2002), order directing filing, 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 PowerGrid Systems, Inc. (PowerGrid) 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.3
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    \3\ 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.4
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    \4\ 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.\5\
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    \5\ See, e.g., Electric Quarterly Reports, 73 Fed. Reg. 31460 
(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 first quarter of 2009. 
Commission staff contacted this entity to remind it of its regulatory 
obligations.\6\ PowerGrid has not met those obligations.\7\ 
Accordingly, this order notifies PowerGrid 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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    \6\ See PowerGrid Systems, Inc., Docket No. ER07-1250-000 (April 
22, 2009) (unpublished letter order).
    \7\ \\ According to the Commission's records, PowerGrid last 
filed its Electric Quarterly Reports for the 3rd quarter of 2008.
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    7. In the event that PowerGrid has already filed its Electric 
Quarterly Report in compliance with the Commission's requirements, its 
inclusion herein is inadvertent. We direct PowerGrid, within 15 days of 
the date of issuance of this order, to make a filing with the 
Commission identifying

[[Page 30566]]

itself and providing details about its prior filings that establish 
that it complied with the Commission's Electric Quarterly Report filing 
requirements.
    8. If PowerGrid 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, PowerGrid 
shall file with the Commission all delinquent Electric Quarterly 
Reports. If PowerGrid fails to make this filing, the Commission will 
revoke its 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. E9-15205 Filed 6-25-09; 8:45 am]
BILLING CODE 6717-01-P