[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6533-6534]
[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.

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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


[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Notices]
[Page 26620]
[DOCID:fr10my07-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-45-004]

Northwest Pipeline Corporation; Notice of Compliance Filing

May 4, 2007.
    Take notice that on April 26, 2007, Northwest Pipeline Corporation
(Northwest) tendered for filing as part of its FERC Gas Tariff, Third
Revised Volume No. 1, the following tariff sheets, to be effective as
of the date Northwest's Parachute Lateral facilities are placed into
service:

Substitute Tenth Revised Sheet No. 1
2nd Substitute Thirty-Second Revised Sheet No. 5
Substitute Fourth Revised Sheet No. 5-B
2nd Substitute Seventh Revised Sheet No. 5-C
2nd Substitute Second Revised Sheet No. 5-D

    Northwest states that the purpose of this filing is to submit
substitute tariff sheets in Docket No. CP06-45 reflecting rates filed
by Northwest in Docket No. RP06-416-002.
    Northwest states that copies of the filing were served on parties
on the official service list in the above-captioned proceeding.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on May 11, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8967 Filed 5-9-07; 8:45 am]

BILLING CODE 6717-01-P