82 FR 56013 - Order on Intent To Revoke Market-Based Rate Authority

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 82, Issue 226 (November 27, 2017)

[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56013-56014]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25485]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Order on Intent To Revoke Market-Based Rate Authority

Before Commissioners: Neil Chatterjee, Chairman; Cheryl A. LaFleur, 
and Robert F. Powelson.

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                                                   Docket Nos.
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Electric Quarterly Reports.............  ER02-2001-020
Niagara Generation, LLC................  ER10-3154-000
C2K Energy, LLC........................  ER14-1751-001
RDAF Energy Solutions, LLC.............  ER16-895-002
Castlebridge Energy Group LLC..........  ER11-4629-000
Intercom Energy, Inc...................  ER11-125-000
Chesapeake Renewable Energy LLC........  ER13-28-001
EmpireCo Limited Partnership...........  ER11-2882-001
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    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d 
(2012), and 18 CFR part 35 (2017), 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, 
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, 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: 
Niagara Generation, LLC, C2K Energy, LLC, RDAF Energy Solutions, LLC, 
Castlebridge Energy Group LLC, Intercom Energy, Inc., Chesapeake 
Renewable Energy LLC, and EmpireCo Limited Partnership. 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, 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).
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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, FERC Stats. & Regs. ] 31,127 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

[[Page 56014]]

sellers that failed to submit their Electric Quarterly Reports.\5\
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    \5\ See, e.g., 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 (2017). As noted above, Commission staff's review of the 
Electric Quarterly Reports for the period up to the second quarter of 
2017 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, 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).
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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: November 20, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-25485 Filed 11-24-17; 8:45 am]
 BILLING CODE 6717-01-P