[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