83 FR 12751 - Order on Intent To Revoke Market-Based Rate Authority
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 83, Issue 57 (March 23, 2018)
Federal Energy Regulatory Commission
Federal Register Volume 83, Issue 57 (March 23, 2018)
| Page Range | 12751-12752 | |
| FR Document | 2018-05975 |
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)] [Notices] [Pages 12751-12752] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05975] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Order on Intent To Revoke Market-Based Rate Authority Before Commissioners: Kevin J. McIntyre, Chairman; Cheryl A. LaFleur, Neil Chatterjee, Robert F. Powelson, and Richard Glick. ------------------------------------------------------------------------ Docket Nos. ------------------------------------------------------------------------ Electric Quarterly Reports............. ER02-2001-020 Fibrominn LLC.......................... ER12-1161-002 BluCo Energy LLC....................... ER12-1279-000 Alternate Power Source Inc............. ER11-4550-000 Atlantic Coast Energy Corporation...... ER13-734-000 ------------------------------------------------------------------------ 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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: Fibrominn LLC, BluCo Energy LLC, Alternate Power Source Inc., and Atlantic Coast Energy 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. --------------------------------------------------------------------------- \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, 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). --------------------------------------------------------------------------- 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 third quarter of 2017 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. --------------------------------------------------------------------------- \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), order on reh'g, Order No. 768-B, 150 FERC ] 61,075 (2015). \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 [[Page 12752]] 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: March 19, 2018. Kimberly D. Bose, Secretary. [FR Doc. 2018-05975 Filed 3-22-18; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices 12751
required to serve copies of filed 2. The Commission requires sellers 5. Pursuant to these requirements, the
documents on all other parties. with market-based rate authorization to Commission has revoked the market-
However, the non-party commentors file Electric Quarterly Reports based rate tariffs of market-based rate
will not receive copies of all documents summarizing contractual and sellers that failed to submit their
filed by other parties or issued by the transaction information related to their Electric Quarterly Reports.5
Commission (except for the mailing of market-based power sales as a condition 6. Sellers must file Electric Quarterly
environmental documents issued by the for retaining that authorization.2 Reports consistent with the procedures
Commission) and will not have the right Commission staff’s review of the set forth in Order Nos. 2001, 768,6 and
to seek court review of the Electric Quarterly Reports indicates that 770.7 The exact filing dates for Electric
Commission’s final order. the following four public utilities with Quarterly Reports are prescribed in 18
The Commission strongly encourages market-based rate authorization have CFR 35.10b (2017). As noted above,
electronic filings of comments, protests failed to file their Electric Quarterly Commission staff’s review of the
and interventions in lieu of paper using Reports: Fibrominn LLC, BluCo Energy Electric Quarterly Reports for the period
the eFiling link at http://www.ferc.gov. LLC, Alternate Power Source Inc., and up to the third quarter of 2017 identified
Persons unable to file electronically Atlantic Coast Energy Corporation. This four public utilities with market-based
should submit an original and 5 copies order notifies these public utilities that rate authorization that failed to file
of the protest or intervention to the their market-based rate authorizations Electric Quarterly Reports. Commission
Federal Energy Regulatory Commission, will be revoked unless they comply staff contacted or attempted to contact
888 First Street NE, Washington, DC with the Commission’s requirements these entities to remind them of their
20426. within 15 days of the date of issuance regulatory obligations. Despite these
Comment Date: 5 p.m. Eastern Time of this order. reminders, the public utilities listed in
on April 9, 2018. 3. In Order No. 2001, the Commission the caption of this order have not met
Dated: March 19, 2018. stated that: these obligations. Accordingly, this
Kimberly D. Bose, [i]f a public utility fails to file a[n] Electric order notifies these public utilities that
Secretary. Quarterly Report (without an appropriate their market-based rate authorizations
request for extension), or fails to report an will be revoked unless they comply
[FR Doc. 2018–05976 Filed 3–22–18; 8:45 am] agreement in a report, that public utility may with the Commission’s requirements
BILLING CODE 6717–01–P forfeit its market-based rate authority and within 15 days of the issuance of this
may be required to file a new application for order.
market-based rate authority if it wishes to
7. In the event that any of the above-
DEPARTMENT OF ENERGY resume making sales at market-based rates.3
captioned market-based rate sellers has
4. The Commission further stated that: already filed its Electric Quarterly
Federal Energy Regulatory
Commission [o]nce this rule becomes effective, the Reports in compliance with the
requirement to comply with this rule will Commission’s requirements, its
Order on Intent To Revoke Market- supersede the conditions in public utilities’ inclusion herein is inadvertent. Such
Based Rate Authority market-based rate authorizations, and failure market-based rate seller is directed,
to comply with the requirements of this rule
within 15 days of the date of issuance
Before Commissioners: Kevin J. McIntyre, will subject public utilities to the same
consequences they would face for not of this order, to make a filing with the
Chairman; Cheryl A. LaFleur, Neil
Chatterjee, Robert F. Powelson, and satisfying the conditions in their rate Commission identifying itself and
Richard Glick. authorizations, including possible revocation providing details about its prior filings
of their authority to make wholesale power that establish that it complied with the
Docket Nos. sales at market-based rates.4 Commission’s Electric Quarterly Report
filing requirements.
Electric Quarterly Reports ER02–2001–020 2001–F, 106 FERC ¶ 61,060 (2004), order revising 8. If any of the above-captioned
Fibrominn LLC ................... ER12–1161–002 filing requirements, Order No. 2001–G, 120 FERC ¶ market-based rate sellers does not wish
BluCo Energy LLC ............. ER12–1279–000 61,270, order on reh’g and clarification, Order No.
2001–H, 121 FERC ¶ 61,289 (2007), order revising to continue having market-based rate
Alternate Power Source Inc ER11–4550–000
filing requirements, Order No. 2001–I, FERC Stats. authority, it may file a notice of
Atlantic Coast Energy Cor- ER13–734–000 & Regs. ¶ 31,282 (2008). See also Filing
poration. cancellation with the Commission
Requirements for Electric Utility Service
Agreements, 155 FERC ¶ 61,280, order on reh’g and pursuant to section 205 of the FPA to
1. Section 205 of the Federal Power clarification, 157 FERC ¶ 61,180 (2016) (clarifying cancel its market-based rate tariff.
Act (FPA), 16 U.S.C. 824d (2012), and Electric Quarterly Reports reporting requirements The Commission orders:
18 CFR part 35 (2017), require, among
and updating Data Dictionary). (A) Within 15 days of the date of
2 See Refinements to Policies and Procedures for
other things, that all rates, terms, and issuance of this order, each public
Market-Based Rates for Wholesale Sales of Electric
conditions for jurisdictional services be Energy, Capacity and Ancillary Services by Public utility listed in the caption of this order
filed with the Commission. In Order No. Utilities, Order No. 816, FERC Stats. & Regs. ¶ shall file with the Commission all
2001, the Commission revised its public
31,374 (2015), order on reh’g, Order No. 816–A, 155 delinquent Electric Quarterly Reports. If
FERC ¶ 61,188 (2016); Market-Based Rates for a public utility subject to this order fails
utility filing requirements and Wholesale Sales of Electric Energy, Capacity and
established a requirement for public Ancillary Services by Public Utilities, Order No.
5 See, e.g., Electric Quarterly Reports, 82 FR
utilities, including power marketers, to 697, FERC Stats. & Regs. ¶ 31,252, at P 3, clarified,
121 FERC ¶ 61,260 (2007), order on reh’g, Order No. 60,976 (Dec. 26, 2017); Electric Quarterly Reports,
file Electric Quarterly Reports.1 697–A, FERC Stats. & Regs. ¶ 31,268, clarified, 124 80 FR 58,243 (Sep. 28, 2015); Electric Quarterly
FERC ¶ 61,055, order on reh’g, Order No. 697–B, Reports, 79 FR 65,651 (Nov. 5, 2014).
1 Revised Public Utility Filing Requirements, FERC Stats. & Regs. ¶ 31,285 (2008), order on reh’g, 6 Electricity Market Transparency Provisions of
amozie on DSK30RV082PROD with NOTICES
Order No. 2001, FERC Stats. & Regs. ¶ 31,127, reh’g Order No. 697–C, FERC Stats. & Regs. ¶ 31,291 Section 220 of the Federal Power Act, Order No.
denied, Order No. 2001–A, 100 FERC ¶ 61,074, (2009), order on reh’g, Order No. 697–D, FERC 768, FERC Stats. & Regs. ¶ 31,336 (2012), order on
reh’g denied, Order No. 2001–B, 100 FERC ¶ 61,342, Stats. & Regs. ¶ 31,305 (2010), aff’d sub nom. Mont. reh’g, Order No. 768–A, 143 FERC ¶ 61,054 (2013),
order directing filing, Order No. 2001–C, 101 FERC Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. order on reh’g, Order No. 768–B, 150 FERC ¶ 61,075
¶ 61,314 (2002), order directing filing, Order No. 2011), cert. denied, 133 S. Ct. 26 (2012). (2015).
3 Order No. 2001, FERC Stats. & Regs. ¶ 31,127
2001–D, 102 FERC ¶ 61,334, order refining filing 7 Revisions to Electric Quarterly Report Filing
requirements, Order No. 2001–E, 105 FERC ¶ at P 222. Process, Order No. 770, FERC Stats. & Regs. ¶
61,352 (2003), order on clarification, Order No. 4 Id. P 223. 31,338 (2012).
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![12752 Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices
to make the filings required in this Applicants: Empire Pipeline, Inc. Filed Date: 3/16/18.
order, the Commission will revoke that Description: eTariff filing per Accession Number: 20180316–5207.
public utility’s market-based rate 580(TheirDescription)DT–A: Empire Comments Due: 5 p.m. ET 3/28/18.
authorization and will terminate its Security Admin Compliance Filing to be Docket Numbers: RP18–536–001.
electric market-based rate tariff. The effective 4/19/2018. Applicants: American Midstream
Secretary is hereby directed, upon Filed Date: 3/15/18. (Midla), LLC.
expiration of the filing deadline in this Accession Number: 20180315–5106. Description: Tariff Amendment:
order, to promptly issue a notice, Comments Due: 5 p.m. ET 3/27/18.
Annual Fuel, Lost and Unaccounted-for
effective on the date of issuance, listing Docket Numbers: RP18–561–000. Gas Percentage Filing Amendment to be
the public utilities whose tariffs have Applicants: Equitrans, L.P. effective 4/1/2018.
been revoked for failure to comply with Description: § 4(d) Rate Filing: Filed Date: 3/16/18.
the requirements of this order and the Negotiated Rate Service Agreement—BP Accession Number: 20180316–5037.
Commission’s Electric Quarterly Report LPS 4/1/2018 to be effective 4/1/2018. Comments Due: 5 p.m. ET 3/28/18.
filing requirements. Filed Date: 3/15/18.
Accession Number: 20180315–5023. Docket Numbers: RP18–566–000.
(B) The Secretary is hereby directed to Applicants: Natural Gas Pipeline
publish this order in the Federal Comments Due: 5 p.m. ET 3/27/18.
Docket Numbers: RP18–562–000. Company of America.
Register. Description: § 4(d) Rate Filing:
Applicants: Empire Pipeline, Inc.
By the Commission. Negotiated Rate Filing—to be effective
Description: § 4(d) Rate Filing: Fuel
Issued: March 19, 2018. Tracket Tracker (Empire tracking 11/1/2017.
Kimberly D. Bose, Supply) 2018 to be effective 4/1/2018. Filed Date: 3/16/18.
Secretary. Filed Date: 3/15/18. Accession Number: 20180316–5000.
[FR Doc. 2018–05975 Filed 3–22–18; 8:45 am] Accession Number: 20180315–5062. Comments Due: 5 p.m. ET 3/28/18.
BILLING CODE 6717–01–P
Comments Due: 5 p.m. ET 3/27/18. Docket Numbers: RP18–567–000.
Docket Numbers: RP18–563–000. Applicants: Algonquin Gas
Applicants: Rockies Express Pipeline Transmission, LLC.
DEPARTMENT OF ENERGY LLC. Description: § 4(d) Rate Filing:
Description: § 4(d) Rate Filing: Neg Negotiated Rates—Bay State release to
Federal Energy Regulatory Rate 2018–03–15 CP to be effective 3/ Sequent 796084 to be effective 5/1/2018.
Commission 15/2018. Filed Date: 3/16/18.
Filed Date: 3/15/18. Accession Number: 20180316–5005.
Combined Notice of Filings Accession Number: 20180315–5104. Comments Due: 5 p.m. ET 3/28/18.
Take notice that the Commission has Comments Due: 5 p.m. ET 3/27/18. Docket Numbers: RP18–568–000.
received the following Natural Gas Docket Numbers: RP18–564–000. Applicants: Transcontinental Gas
Pipeline Rate and Refund Report filings: Applicants: Golden Pass Pipeline Pipe Line Company.
LLC. Description: Compliance filing Pro
Filings Instituting Proceedings Description: Golden Pass Pipeline Forma Pooling Charges Zones 5 and 6.
Docket Number: PR18–37–000. LLC submits tariff filing per 154.204: Filed Date: 3/16/18.
Applicants: ONEOK Texas Gas Revision to GPPL 2018 Annual Accession Number: 20180316–5094.
Storage, L.L.C. Retainage Report to be effective 4/1/ Comments Due: 5 p.m. ET 3/28/18.
Description: Tariff filing per 2018.
Docket Numbers: RP18–569–000.
284.123(b),(e)+(g): OTGS FERC 311 Rate Filed Date: 3/15/18.
Accession Number: 20180315–5107. Applicants: Columbia Gulf
Change to be effective 3/14/2018. Transmission, LLC.
Filed Date: 3/14/18. Comments Due: 5 p.m. ET 3/22/18.
Description: Compliance filing GXP
Accession Number: 201803145060. Docket Numbers: RP18–565–000.
Implementation Compliance Filing to be
Comments Due: 5 p.m. ET 4/4/18. Applicants: RRI Energy Services, LLC,
effective 4/1/2018.
284.123(g) Protests Due: 5 p.m. ET 5/ Kestrel Acquisition, LLC.
Description: Joint Petition of RRI Filed Date: 3/16/18.
14/18. Accession Number: 20180316–5133.
Energy Services, LLC, et al. for Limited
Docket Numbers: CP18–107–000. Comments Due: 5 p.m. ET 3/28/18.
Waiver of Capacity Release Regulations
Applicants: South Pipeline Company, The filings are accessible in the
and Tariff Provisions.
LP. Filed Date: 3/15/18. Commission’s eLibrary system by
Description: South Pipeline Company, Accession Number: 20180315–5110. clicking on the links or querying the
LP Application to Abandon X-Rate Comments Due: 5 p.m. ET 3/27/18. docket number.
Schedules between Gulf South and Any person desiring to intervene or
Docket Numbers: RP17–598–003.
Southern Natural. protest in any of the above proceedings
Applicants: Great Lakes Gas
Filed Date: 3/9/18. must file in accordance with Rules 211
Transmission Limited Partnership.
Accession Number: 20180309–5228. Description: Compliance filing and 214 of the Commission’s
Comments Due: 5 p.m. ET 3/30/18. Settlement Compliance to RP17–598 to Regulations (18 CFR 385.211 and
Docket Numbers: RP18–244–001. be effective 10/1/2017. 385.214) on or before 5:00 p.m. Eastern
Applicants: National Fuel Gas Supply Filed Date: 3/16/18. time on the specified date(s). Protests
Corporation. Accession Number: 20180316–5003. may be considered, but intervention is
amozie on DSK30RV082PROD with NOTICES
Description: Compliance filing Comments Due: 5 p.m. ET 3/28/18. necessary to become a party to the
Security Administrator Compliance Docket Numbers: RP18–264–002. proceeding.
Filing to be effective 4/19/2018. Applicants: Destin Pipeline Company, eFiling is encouraged. More detailed
Filed Date: 3/15/18. L.L.C. information relating to filing
Accession Number: 20180315–5103. Description: Compliance filing Mid- requirements, interventions, protests,
Comments Due: 5 p.m. ET 3/27/18. Year Fuel Retention Adjustment to be service, and qualifying facilities filings
Docket Numbers: RP18–245–001. effective 5/1/2018. can be found at: http://www.ferc.gov/
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Document Created: 2018-11-01 08:53:31
Document Modified: 2018-11-01 08:53:31
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| FR Citation | 83 FR 12751 |
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