[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12676-12677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04067]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER02-2001-020, ER13-2230-001, ER16-722-000, ER21-2089-000, 
ER12-2402-000, ER12-2403-000, ER12-2400-000]


Electric Quarterly Reports; Premier Empire Energy, LLC; Current 
Power & Gas Inc.; Elephant Energy, LLC; Liberty Power Maryland LLC; 
Liberty Power Holdings LLC; Liberty Power District of Columbia LLC; 
Order on Intent To Revoke Market-Based Rate Authority

    Before Commissioners: Willie L. Phillips, Acting Chairman; James P. 
Danly, Allison Clements, and Mark C. Christie.
    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 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 ] 61,003 ] 31,282 (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).
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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\

[[Page 12677]]

Commission staff's review of the Electric Quarterly Reports indicates 
that the following six public utilities with market-based rate 
authorization have failed to file their Electric Quarterly Reports: 
Premier Empire Energy, LLC, Current Power & Gas Inc., Elephant Energy, 
LLC, Liberty Power Maryland LLC, Liberty Power Holdings LLC, and 
Liberty Power District of Columbia 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 & Procs. for Mkt.-Based Rates 
for Wholesale Sales of Elec. Energy, Capacity & Ancillary Servs. by 
Pub. Utils., 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.
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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 (2021). As noted above, Commission staff's review of the 
Electric Quarterly Reports for the period up to the third quarter of 
2022 identified six 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\ Elec. Mkt. Transparency Provisions of Section 220 of the 
Fed. Power Act, Order No. 768, FERC 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 Elec. Q. Rep. 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 have 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, that seller 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: February 22, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-04067 Filed 2-27-23; 8:45 am]
BILLING CODE 6717-01-P