[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5414-5415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01590]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Order on Intent To Revoke Market-Based Rate Authority
------------------------------------------------------------------------
Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports............. ER02-2001-020
Mint Energy, LLC....................... ER10-1110-000
Westmoreland Partners.................. ER10-2291-001
E-T Global Energy, LLC................. ER11-2039-001
BBPC, LLC.............................. ER11-3028-002
Amerigreen Energy, Inc................. ER11-3879-001
Mac Trading, Inc....................... ER11-4447-000
Liberty Hill Power LLC................. ER12-1202-001
Imperial Valley Solar Company (IVSC) 1, ER12-1170-003
LLC.
Lexington Power & Light, LLC........... ER15-455-000
Clear Choice Energy, LLC............... ER13-183-000
Energy Discounters, LLC................ ER14-663-001
Infinite Energy Corporation............ ER14-2421-000
North Energy Power, LLC................ ER15-626-000
------------------------------------------------------------------------
1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2018), and 18 CFR part 35 (2019), 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\
---------------------------------------------------------------------------
\1\ Revised Pub. Util. 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 Elec.
Util. Serv. 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).
---------------------------------------------------------------------------
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 thirteen public utilities with market-based rate
authorization have failed to file their Electric Quarterly Reports:
Mint Energy, LLC, Westmoreland Partners, E-T Global Energy, LLC, BBPC,
LLC, Amerigreen Energy, Inc., Mac Trading, Inc., Liberty Hill Power
LLC, Imperial Valley Solar Company (IVSC) 1, LLC, Lexington Power &
Light, LLC, Clear Choice Energy, LLC, Energy Discounters, LLC, Infinite
Energy Corporation, and North Energy Power, 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
fifteen days of the date of issuance of this order.
---------------------------------------------------------------------------
\2\ See Refinements to Policies and Procedures for Market-Based
Rates for Wholesale Sales of Elect. Energy, Capacity and Ancillary
Servs. by Public Utils., 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 Elec. Energy, Capacity and
Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC ] 61,295
(2007), at P 3, clarified, 121 FERC ] 61,260 (2007), order on reh'g,
Order No. 697-A, 123 FERC ] 61,055 (2008), 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).
---------------------------------------------------------------------------
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\]
---------------------------------------------------------------------------
\3\ Order No. 2001, 99 FERC ] 61,107 at P 222.
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\]
---------------------------------------------------------------------------
\4\ Id. P 223.
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\
---------------------------------------------------------------------------
\5\ See, e.g., Elec. Quarterly Reports, 82 FR 60,976 (Dec. 26,
2017); Elec. Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015); Elec.
Quarterly Reports, 79 FR 65,651 (Nov. 5, 2014).
---------------------------------------------------------------------------
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 (2019). As noted above, Commission staff's review of the
Electric Quarterly Reports for the period up to the third quarter of
2019 identified thirteen 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 fifteen
days of the issuance of this order.
---------------------------------------------------------------------------
\6\ Elec. Mkt. Transparency Provisions of Section 220 of the
Fed. 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\ See Revisions to Elec. Quarterly Report Filing Process,
Order No. 770, 141 FERC ] 61,120 (2012).
---------------------------------------------------------------------------
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 fifteen
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.
[[Page 5415]]
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 fifteen 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 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: January 23, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-01590 Filed 1-29-20; 8:45 am]
BILLING CODE 6717-01-P