81 FR 76345 - Order on Intent To Revoke Market-Based Rate Authority

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 81, Issue 212 (November 2, 2016)

Page Range		76345-76346
FR Document		2016-26422
Federal Register, Volume 81 Issue 212 (Wednesday, November 2, 2016)
[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Pages 76345-76346]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26422]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Order on Intent To Revoke Market-Based Rate Authority

Before Commissioners: Norman C. Bay, Chairman; Cheryl A. LaFleur, 
and Colette D. Honorable.


------------------------------------------------------------------------
                                                   Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports.............  ER02-2001-020
AP&G Holdings LLC......................  ER12-2430-000
Bargain Energy, LLC....................  ER14-1343-001
CES Placerita, Incorporated............  ER14-57-000
Crawfordsville Energy, LLC.............  ER15-631-001
DES Wholesale, LLC.....................  ER12-1770-001
Dillon Power, LLC......................  ER15-1810-000
DownEast Power Company, LLC............  ER10-1304-002
Escanaba Green Energy, LLC.............  ER12-2307-001
GearyEnergy, LLC.......................  ER10-2817-000
LVI Power, LLC.........................  ER12-2484-000
Madstone Energy Corp...................  ER11-4482-000
NiGen, LLC.............................  ER15-567-001
R&R Energy, Inc........................  ER11-4711-002
Societe Generale Energy LLC............  ER11-2775-000
Tall Bear Group, LLC...................  ER12-2374-000
Western Reserve Energy Services, LLC...  ER13-1706-000
------------------------------------------------------------------------

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d 
(2012), and 18 CFR part 35 (2016), require, among other things, that 
all rates, terms, and conditions of 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 summarizing the contractual terms and conditions in their 
agreements for all jurisdictional services (including market-based 
power sales, cost-based power sales, and transmission service) and 
providing transaction information (including rates) for short-term and 
long-term power sales during the most recent calendar quarter.\1\
---------------------------------------------------------------------------

    \1\ Revised Public Utility Filing Requirements, Order No. 2001, 
FERC Stats. & Regs. ] 31,127, 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, FERC Stats. & Regs. ] 31,282 (2008). See also Filing 
Requirements for Electric Utility Service Agreements, 155 FERC ] 
61,280 (2016) (order clarifying reporting requirements and updating 
data dictionary).
---------------------------------------------------------------------------

    2. The Commission requires sellers with market-based rate 
authorization to file Electric Quarterly Reports.\2\ Commission staff's 
review of the Electric Quarterly Reports indicates that the following 
16 public utilities with market-based rate authorization have failed to 
file their Electric Quarterly Reports: AP&G Holdings LLC, Bargain 
Energy, LLC, CES Placerita, Incorporated, Crawfordsville Energy, LLC, 
DES Wholesale, LLC, Dillon Power, LLC, DownEast Power Company, LLC, 
Escanaba Green Energy, LLC, GearyEnergy, LLC, LVI Power, LLC, Madstone 
Energy Corp, NiGen, LLC, R&R Energy, Inc., Societe Generale Energy LLC, 
Tall Bear Group, LLC, and Western Reserve Energy Services, 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.
---------------------------------------------------------------------------

    \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, FERC Stats. & Regs. ] 
31,374 (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, 
FERC Stats. & Regs. ] 31,252 at P 3, clarified, 121 FERC ] 61,260 
(2007), order on reh'g, Order No. 697-A, FERC Stats. & Regs. ] 
31,268, clarified, 124 FERC ] 61,055, order on reh'g, Order No. 697-
B, FERC Stats. & Regs. ] 31,285 (2008), order on reh'g, Order No. 
697-C, FERC Stats. & Regs. ] 31,291 (2009), order on reh'g, Order 
No. 697-D, FERC Stats. & Regs. ] 31,305 (2010), aff'd sub nom. Mont. 
Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011), cert. 
denied, 133 S. Ct. 26 (2012).
---------------------------------------------------------------------------

    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, FERC Stats. & Regs. ] 31,127 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., Electric Quarterly Reports, 80 FR 58,243 (Sep. 
28, 2015); Electric 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 (2016). As noted above, Commission staff's review of the 
Electric Quarterly Reports for the period

[[Page 76346]]

up to the first quarter of 2016 identified 16 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.
---------------------------------------------------------------------------

    \6\ Electricity Market Transparency Provisions of Section 220 of 
the Federal Power Act, Order No. 768, FERC Stats. & Regs. ] 31,336 
(2012), order on reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013).
    \7\ Revisions to Electric Quarterly Report Filing Process, Order 
No. 770, FERC Stats. & Regs. ] 31,338 (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 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: October 27, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-26422 Filed 11-1-16; 8:45 am]
 BILLING CODE 6717-01-P
76346 Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices

up to the first quarter of 2016 identified DEPARTMENT OF ENERGY obtain legal status by becoming a party
16 public utilities with market-based to the proceedings for this project
rate authorization that failed to file Federal Energy Regulatory should, on or before the comment date
Electric Quarterly Reports. Commission Commission stated below, file with the Federal
staff contacted or attempted to contact [Docket No. CP17–2–000] Energy Regulatory Commission, 888
these entities to remind them of their First Street NE., Washington, DC 20426,
regulatory obligations. Despite these National Fuel Gas Supply Corporation; a motion to intervene in accordance
reminders, the public utilities listed in Notice of Application with the requirements of the
the caption of this order have not met Commission’s Rules of Practice and
these obligations. Accordingly, this Take notice that on October 14, 2016, Procedure (18 CFR 385.214 or 385.211)
order notifies these public utilities that National Fuel Gas Supply Corporation and the Regulations under the NGA (18
their market-based rate authorizations (National Fuel), 6363 Main Street, CFR 157.10). A person obtaining party
will be revoked unless they comply Williamsville, New York 14221, filed in status will be placed on the service list
with the Commission’s requirements Docket No. CP17–2–000, an application maintained by the Secretary of the
within 15 days of the issuance of this pursuant to section 7(b) of the Natural Commission and will receive copies of
Gas Act and part 157 of the all documents filed by the applicant and
order.
Commission’s regulations requesting by all other parties. A party must submit
7. In the event that any of the above- authorization to abandon its Heath
captioned market-based rate sellers has 7 copies of filings made with the
Compressor Station and associated Commission and must mail a copy to
already filed its Electric Quarterly appurtenances located in Heath
Reports in compliance with the the applicant and to every other party in
Township, Jefferson County, the proceeding. Only parties to the
Commission’s requirements, its Pennsylvania, and to refunctionalize
inclusion herein is inadvertent. Such proceeding can ask for court review of
Line FM–92 from a transmission to Commission orders in the proceeding.
market-based rate seller is directed, gathering function, all as more fully set
within 15 days of the date of issuance However, a person does not have to
forth in the application which is on file intervene in order to have comments
of this order, to make a filing with the with the Commission and open to
Commission identifying itself and considered. The second way to
public inspection. This filing may be participate is by filing with the
providing details about its prior filings viewed on the web at http://
that establish that it complied with the Secretary of the Commission, as soon as
www.ferc.gov using the ‘‘eLibrary’’ link. possible, an original and two copies of
Commission’s Electric Quarterly Report Enter the docket number excluding the
filing requirements. comments in support of or in opposition
last three digits in the docket number to this project. The Commission will
8. If any of the above-captioned field to access the document. For consider these comments in
market-based rate sellers does not wish assistance, please contact FERC at determining the appropriate action to be
to continue having market-based rate FERCOnlineSupport@ferc.gov or call taken, but the filing of a comment alone
authority, it may file a notice of toll-free, (886) 208–3676 or TYY, (202) will not serve to make the filer a party
cancellation with the Commission 502–8659. to the proceeding. The Commission’s
pursuant to section 205 of the FPA to Any questions regarding this rules require that persons filing
cancel its market-based rate tariff. Application should be directed to Laura comments in opposition to the project
The Commission orders: P. Berloth, Attorney for National Fuel, provide copies of their protests only to
(A) Within 15 days of the date of 6363 Main Street, Williamsville, New the party or parties directly involved in
issuance of this order, each public York 14221, or call at 716–857–7001. the protest.
utility listed in the caption of this order Pursuant to section 157.9 of the Persons who wish to comment only
shall file with the Commission all Commission’s rules, 18 CFR 157.9, on the environmental review of this
delinquent Electric Quarterly Reports. If within 90 days of this notice the project should submit an original and
a public utility subject to this order fails Commission staff will either: Complete two copies of their comments to the
to make the filings required in this its environmental assessment (EA) and Secretary of the Commission.
order, the Commission will revoke that place it into the Commission’s public Environmental commenters will be
public utility’s market-based rate record (eLibrary) for this proceeding; or placed on the Commission’s
authorization and will terminate its issue a Notice of Schedule for environmental mailing list, will receive
electric market-based rate tariff. The Environmental Review. If a Notice of copies of the environmental documents,
Secretary is hereby directed, upon Schedule for Environmental Review is and will be notified of meetings
expiration of the filing deadline in this issued, it will indicate, among other associated with the Commission’s
order, to promptly issue a notice, milestones, the anticipated date for the environmental review process.
effective on the date of issuance, listing Commission staff’s issuance of the final Environmental commenters will not be
the public utilities whose tariffs have environmental impact statement (FEIS) required to serve copies of filed
been revoked for failure to comply with or EA for this proposal. The filing of the documents on all other parties.
the requirements of this order and the EA in the Commission’s public record However, the non-party commentary
Commission’s Electric Quarterly Report for this proceeding or the issuance of a will not receive copies of all documents
filing requirements. Notice of Schedule for Environmental filed by other parties or issued by the
(B) The Secretary is hereby directed to Review will serve to notify federal and Commission (except for the mailing of
publish this order in the Federal state agencies of the timing for the environmental documents issued by the
sradovich on DSK3GMQ082PROD with NOTICES

Register. completion of all necessary reviews, and Commission) and will not have the right
By the Commission.
the subsequent need to complete all to seek court review of the
federal authorizations within 90 days of Commission’s final order.
Issued: October 27, 2016. The Commission strongly encourages
the date of issuance of the Commission
Kimberly D. Bose, staff’s FEIS or EA. electronic filings of comments, protests
Secretary. There are two ways to become and interventions in lieu of paper using
[FR Doc. 2016–26422 Filed 11–1–16; 8:45 am] involved in the Commission’s review of the ‘‘eFiling’’ link at http://
BILLING CODE 6717–01–P this project. First, any person wishing to www.ferc.gov. Persons unable to file

VerDate Sep<11>2014 17:18 Nov 01, 2016 Jkt 241001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\02NON1.SGM 02NON1
Document Created: 2016-11-02 01:40:45
Document Modified: 2016-11-02 01:40:45
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 76345
81 FR 76345 - Order on Intent To Revoke Market-Based Rate Authority

DEPARTMENT OF ENERGYFederal Energy Regulatory Commission

Federal Register Volume 81, Issue 212 (November 2, 2016)

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
