[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6533-6534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02361]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Order on Intent To Revoke Market-Based Rate Authority

Before Commissioners: Richard Glick, Chairman; James P. Danly, Allison 
Clements, Mark C. Christie, and Willie L. Phillips.

[[Page 6534]]



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                                                   Docket Nos.
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Electric Quarterly Reports; Liberty      ER02-2001-020; ER12-2401-000;
 Power Delaware LLC; Liberty Power        ER12-1707-000; ER15-1557-001;
 Wholesale Supply, LLC; Entrust Energy    ER14-209-001.
 East, Inc.; PowerOne Corporation.
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    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and 
18 CFR part 35 (2021), 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 ] 61,003 ] 31,282 (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 four public utilities with market-based rate 
authorization have failed to file their Electric Quarterly Reports: 
Liberty Power Delaware LLC, Liberty Power Wholesale Supply, LLC, 
Entrust Energy East, Inc., and PowerOne Corporation. 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 & Procedures for Mkt.-Based 
Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary 
Servs. by Pub. Utilils., Order No. 816, 153 FERC ] 61,065, at P 353 
(2015), order on reh'g, Order No. 816-A, 155 FERC ] 61,188 (2016); 
Mkt.-Based Rates for Wholesale Sales of Elec. Energy, Capacity & 
Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC ] 61,295, 
at P 882, 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).
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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 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 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. As noted above, Commission staff's review of the Electric 
Quarterly Reports for the period up to the third quarter of 2021 
identified four 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 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 31, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-02361 Filed 2-3-22; 8:45 am]
BILLING CODE 6717-01-P