[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7047-7048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03679]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. ER02-2001-020, ER11-4386-001, ER17-297-001, ER11-4536-000,
ER17-2512-000, ER13-1120-001, ER11-3019-001, ER15-2466-000]
Before Commissioners: Neil Chatterjee, Chairman; Cheryl A.
LaFleur, Richard Glick, and Bernard L. McNamee; Electric Quarterly
Reports, AmericaWide Energy, LLC, Ampex Energy, LLC, Full Circle
Renewables, LLC, K&R Energy Partners LLC, Bluesource Energy LLC,
Greenbelt Energy, PJLB LLC; Order on Intent To Revoke Market-Based Rate
Authority
1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2012), and 18 CFR part 35 (2018), require, among other things, that
all rates, terms, and conditions for 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.\1\
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\1\ Revised Public Utility Filing Requirements, Order No. 2001,
99 FERC 61,107, reh'g denied, Order No. 2001-A, 100 FERC ] 61,074,
reh'g 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, order refining filing
requirements, Order No. 2001-E, 105 FERC ] 61,352 (2003), order on
clarification, Order No. 2001-F, 106 FERC ] 61,060 (2004), order
revising filing requirements, Order No. 2001-G, 120 FERC ] 61,270,
order on reh'g and clarification, Order No. 2001-H, 121 FERC ]
61,289 (2007), order revising filing requirements, Order No. 2001-I,
125 FERC 61,103 (2008). See also Filing Requirements for Electric
Utility Service Agreements, 155 FERC ] 61,280, order on reh'g and
clarification, 157 FERC ] 61,180 (2016) (clarifying Electric
Quarterly Reports reporting requirements and updating Data
Dictionary).
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2. The Commission requires sellers with market-based rate
authorization to file Electric Quarterly Reports summarizing
contractual and transaction information related to their market-based
power sales as a condition for retaining that authorization.\2\
Commission staff's review of the Electric Quarterly Reports indicates
that the following seven public utilities with market-based rate
authorization have failed to file their Electric Quarterly Reports:
AmericaWide Energy, LLC, Ampex Energy, LLC, Full Circle Renewables,
LLC, K&R Energy Partners LLC, Bluesource Energy LLC, Greenbelt Energy,
and PJLB LLC. 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.
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\2\ See Refinements to Policies and Procedures for Market-Based
Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary
Services by Public Utilities, Order No. 816, 153 FERC 61,065 (2015),
order on reh'g, Order No. 816-A, 155 FERC ] 61,188 (2016); Market-
Based Rates for Wholesale Sales of Electric Energy, Capacity and
Ancillary Services by Public Utilities, Order No. 697, 119 FERC
61,295, clarified, 121 FERC ] 61,260 (2007), order on reh'g, Order
No. 697-A, 123 FERC 61,055, clarified, 124 FERC ] 61,055, order on
reh'g, Order No. 697-B, 125 FERC 61,326 (2008), order on reh'g,
Order No. 697-C, 127 FERC 61,284 (2009), order on reh'g, Order No.
697-D, 130 FERC 61,206 (2010), aff'd sub nom. Mont. Consumer Counsel
v. FERC, 659 F.3d 910 (9th Cir. 2011), cert. denied sub nom. Public
Citizen, Inc. v. FERC, 567 U.S. 934 (2012).
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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, 99 FERC 61,107.
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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.
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5. Pursuant to these requirements, the Commission has revoked the
market-based rate tariffs of market-based rate sellers that failed to
submit their Electric Quarterly Reports.\5\
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\5\ See, e.g., Electric Quarterly Reports, 82 FR 60,976 (Dec.
26, 2017); Electric Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015);
Electric Quarterly Reports, 79 FR 65,651 (Nov. 5, 2014).
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6. Sellers must file Electric Quarterly Reports consistent with the
procedures set forth in Order Nos. 2001, 768,\6\ and 770.\7\ The exact
filing dates for Electric Quarterly Reports are prescribed in 18 CFR
35.10b (2018). As noted above, Commission staff's review of the
Electric Quarterly Reports for the period up to the third quarter of
2018 identified seven public utilities with market-based rate
authorization that failed to file Electric Quarterly Reports.
Commission staff contacted or attempted to contact these entities to
remind them of their regulatory obligations. Despite these reminders,
the 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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\6\ Electricity Market Transparency Provisions of Section 220 of
the Federal Power Act, Order No. 768, 140 FERC 61,232 (2012), order
on reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013), order on reh'g,
Order No. 768-B, 150 FERC ] 61,075 (2015).
\7\ Revisions to Electric Quarterly Report Filing Process, Order
No. 770, 141 FERC 61,120 (2012).
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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 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, 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 the filings required in
this order, the Commission will revoke that public utility's market-
based rate authorization and will terminate its electric market-based
rate tariff. The Secretary is hereby directed, upon expiration of the
filing deadline in this
[[Page 7048]]
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.
Issued: February 25, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-03679 Filed 2-28-19; 8:45 am]
BILLING CODE 6717-01-P