[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Notices]
[Pages 5508-5509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2451]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Order on Intent To Revoke Market-Based Rate Authority

Issued January 31, 2012.

Before Commissioners: Jon Wellinghoff, Chairman; Philip D. Moeller, 
John R. Norris, and Cheryl A. LaFleur.

    In the matter of: ER02-2001-017, Electric Quarterly Reports, 
ER07-491-000, Acacia Energy, Inc., ER07-155-000, LBPC Power, Inc., 
ER01-2311-000, Nordic Energy, L.L.C., ER03-888-000, Nordic Marketing 
of Illinois, L.L.C., ER04-264-000, Nordic Marketing of Michigan, 
L.L.C., ER00-774-000, Nordic Marketing, L.L.C., ER07-594-000, Pirin 
Solutions, Inc., ER95-581-000, Tennessee Power Company.

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d 
(2006), and 18 CFR part 35 (2011), 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 eight public 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, FERC Stats & Regs. ] 31,127 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.
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    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, 75 FR 63,468 (Oct. 
15, 2010); Electric Quarterly Reports, 75 FR 45,111 (Aug. 2, 2010).
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    6. As noted above, Commission staff's review of the Electric 
Quarterly Report submittals identified eight public utilities with 
authority to sell power at market-based rates that failed to file 
Electric Quarterly Reports.\5\ Commission staff contacted these 
entities to remind them of their regulatory obligations.\6\ Despite 
these reminders, the eight public utilities listed in the caption of 
this order have not met these obligations. 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.
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    \5\ 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:
    Respondent and Last Quarter Filed
    Acacia Energy, Inc.--2010, Quarter 1
    LBPC Power, Inc.--2010, Quarter 1
    Nordic Energy, L.L.C.--2010, Quarter 2
    Nordic Marketing of Illinois, L.L.C.--2010, Quarter 2
    Nordic Marketing of Michigan, L.L.C.--2010, Quarter 2
    Nordic Marketing, L.L.C.--2010, Quarter 2
    Pirin Solutions, Inc.--2010, Quarter 1
    Tennessee Power Company--2010, Quarter 1
    \6\ See Acacia Energy, Inc., Docket No. ER07-491-000 (Aug. 18, 
2011) (unpublished letter order); LBPC Power, Inc., Docket No. ER07-
155-000 (Aug. 18, 2011) (unpublished letter order); Nordic Energy, 
L.L.C., Docket No. ER01-2311-000 (Aug. 18, 2011) (unpublished letter 
order); Nordic Marketing of Illinois, L.L.C., Docket No. ER03-888-
000 (Aug. 18, 2011) (unpublished letter order); Nordic Marketing of 
Michigan, L.L.C., Docket No. ER04-264-000 (Aug. 18, 2011) 
(unpublished letter order); Nordic Marketing, L.L.C., Docket No. 
ER00-774-000 (Aug. 18, 2011) (unpublished letter order); Pirin 
Solutions, Inc., Docket No. ER07-594-000 (Aug. 18, 2011) 
(unpublished letter order); Tennessee Power Company, Docket No. 
ER95-581-000 (Aug. 18, 2011) (unpublished letter order).
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    7. In the event that any 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 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 subject to this order fails to make these filings, 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

[[Page 5509]]

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. 2012-2451 Filed 2-2-12; 8:45 am]
BILLING CODE 6717-01-P