Electric rate and corporate regulation filings: Southern Company Energy Marketing, L.P., et al.,

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Federal Register: July 17, 1998 (Volume 63, Number 137)NoticesPage 38634-38638From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr17jy98-53

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Docket No. EL98-56-000, et al.Southern Company Energy Marketing, L.P., et al.; Electric Rate and Corporate Regulation Filings

July 8, 1998.

Take notice that the following filings have been made with the Commission:

1. Southern Company Energy Marketing L.P.

Docket No. EL98-56-000

Take notice that on June 30, 1998, Southern Company Energy Marketing L.P. (Southern), tendered for filing a notice of termination, emergency request for waiver of notice, and alternative request for relief concerning certain agreements for the provision of electric service to Power Company of America, LP

Comment date: August 3, 1998, in accordance with Standard Paragraph E at the end of this notice.

2. California Power Exchange Corporation

Docket Nos. EC96-19-033 and ER96-1663-034

Take notice that on July 1, 1998, the California Power Exchange Corporation (PX), tendered for filing compliance changes to the PX Operating Agreement and Tariff and Protocols incorporating PX Tariff Amendment No. 1, in response to the Commission order issued June 1, 1998, California Power Exchange Corporation, 83 FERC para. 61,241 (1998).

The PX states that its filing has been served on all parties listed on the official service list in the above-captioned dockets.

Comment date: July 28, 1998, in accordance with Standard Paragraph E at the end of this notice.

3. Central Maine Power Company, The Union Water-Power Company, Cumberland Securities Corporation, Central Securities Corporation, FPL Energy Maine, Inc., FPL Energy Maine Hydro, LLC, FPL Energy Mason, LLC, FPL Energy Wyman IV, LLC, FPL Energy Wyman, LLC, FPL Energy AVEC, LLC

Docket Nos. EC98-45-000 and ER98-3507-000

Take notice that on June 26, 1998, Central Maine Power Company, the Union Water-Power Company, Cumberland Securities Corporation, Central Securities Corporation, (collectively referred to as Central

[Page 38635]Maine) and FPL Energy Maine, Inc., FPL Energy Maine Hydro, LLC, FPL Energy Mason, LLC, FPL Energy Wyman IV, LLC, FPL Energy Wyman, LLC and FPL Energy AVEC, LLC (collectively referred to as FPL Energy Maine), tendered for filing an application under Sections 203 and 205 of the Federal Power Act in connection with the sale and purchase of all of Central Maine's fossil, hydroelectric and biomass generation facilities to FPL Energy Maine.

This sale is made pursuant to the terms of an Asset Purchase Agreement dated January 6, 1998 and an executed Term Sheet Regarding Supplemental Agreements dated June 16, 1998 (together the Asset Agreement). The Asset Agreement permits FPL Energy Maine to assign its interest in the purchased assets, and FPL Energy Maine has assigned its rights, in large part, to FPL Energy Maine Hydro, LLC, FPL Energy Mason, LLC, FPL Energy Wyman IV, LLC, FPL Energy Wyman, LLC and FPL Energy AVEC, LLC.

Pursuant to FPA Section 205, 16 U.S.C. Sec . 824d, the Applicants also are requesting approval of certain agreements made in connection with the sale of generation assets, including the Continuing Site/ Interconnection Agreement, the First Amendment to the Continuing Site/ Interconnection Agreement and the two Transitional Power Sale Agreements.

Comment date: August 7, 1998, in accordance with Standard Paragraph E at the end of this notice.

4. Steel Dynamics, Inc., v. American Electric Power Service Corporation and AEP Power Marketing, Inc., and All Other Unnamed Persons and Entities, Authorized To Sell Electric Energy and Capacity at Wholesale Market-Based Rates

Docket No. EL98-54-000

Take notice that on June 29, 1998, Steel Dynamics, Inc. (Steel Dynamics), tendered for filing a Complaint against American Electric Power Service Corporation and AEP Power Marketing, Inc., and All Other Unnamed Persons and Entities Authorized to Sell Electric Energy and Capacity at Wholesale Market-Based Rates in the ECAR region. Steel Dynamics requests that the Commission: (1) Initiate an investigation into the electric energy and capacity supply situation in the Midwest; (2) Initiate an investigation to determine the reasons for the extraordinary high prices; (3) Investigate whether refunds should be ordered; (4) Suspend all grants of authority to sell electric energy and capacity at market-based rates; (5) Initiate an emergency energy pricing ceiling of $100/Mwh for all transactions; (6) Impose harsh penalties for non-compliance with the order, and (6) Issue the order on an interim basis until the Commission has completed its investigation.

Comment date: August 7, 1998, in accordance with Standard Paragraph E at the end of this notice. Answer to the Complaint shall be due on or before August 7, 1998.

5. Indiana Municipal Power Agency v. PSI Energy, Inc.

Docket No. EL98-55-000

Take notice that on June 29, 1998, Indiana Municipal Power Agency (IMPA), tendered for filing a Complaint against PSI Energy, Inc. (PSI). IMPA requests that the Commission (1) Rule that PSI is violating the Power Coordination Agreement between PSI and IMPA by charging IMPA for Supplemental Power and Energy as if certain loads are being served by PSI when they are in fact being served from IMPA's power supply resources; (2) Rule that PSI's charges of this nature are unjust and unreasonable; (3) Establish a refund effective date no later than August 28, 1998, 60 days after the filing of this complaint; (4) Establish the basis upon which PSI's charges for Supplemental Power and Energy are thereafter to be developed to ensure proper credit for IMPA resources; (5) In the event that changes in the language of the applicable service schedule are determined to be necessary to provide proper credit for IMPA's resources, modify the provisions of the service schedule accordingly to be thereafter observed and in force; and (6) If unable to grant the requested relief on the basis of the pleadings, initiate an investigation and hearing procedures.

Comment date: August 7, 1998, in accordance with Standard Paragraph E at the end of this notice. Answer to the Complaint shall be due on or before August 7, 1998.

6. New Energy Ventures, L.L.C.

Docket No. EL98-57-000

Take notice that on June 30, 1998, New Energy Ventures, L.L.C. (NEV), tendered for filing a notice of termination, emergency request for waiver of notice, and alternative request for relief concerning certain agreements for the provision of electric service to The Power Company of America, L.P., entered into pursuant to NEV's Rate Schedule FERC No. 1.

Comment date: August 3, 1998, in accordance with Standard Paragraph E at the end of this notice.

7. PacifiCorp

Docket No. ER95-1240-003

Take notice that on July 1, 1998, PacifiCorp, tendered for filing in accordance with 18 CFR 35 of the Commission's Rules and Regulations and the Commission's Order under FERC Docket No. ER95-1240-000, dated April 21, 1998, a refund report.

Copies of this filing were supplied to the Colorado Public Utilities Commission, the Wyoming Public Service Commission, the Arizona Corporation Commission, the California Public Utilities Commission, the Montana Public Service Commission, the Public Utility Commission of Oregon, and the Washington Utilities and Transportation Commission and all affected wholesale customers.

A copy of this filing may be obtained from PacifiCorp's Transmission Function's Bulletin Board System through a personal computer by calling (503) 813-5758 (9600 baud, 8 bits, no parity, 1 stop bit).

Comment date: August 21, 1998, in accordance with Standard Paragraph E at the end of this notice.

8. Total Gas & Electricity, Inc.

Docket No. ER97-4202-003

Take notice that on July 2, 1998, Total Energy, Inc., tendered for filing notice of name change to Total Gas & Electricity, Inc.

Comment date: July 23, 1998, in accordance with Standard Paragraph E at the end of this notice.

9. Pacific Gas and Electric Company

Docket No. ER98-557-000

Take notice that on July 2, 1998, Pacific Gas and Electric Company (PG&E), tendered for filing revisions to its April 30, 1998, filing made in Docket No. ER98-556-000 in response to the Federal Energy Regulatory Commission's (Commission) March 31, 1998, Order Clarifying Prior Order and Granting and Denying Requests for Rehearing in that Docket.

Copies of this filing have been served upon the parties on the service list and the California Public Utilities Commission.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

10. Northern States Power Company (Minnesota Company)

Docket No. ER98-3555-000

Take notice that on June 30, 1998, Northern States Power Company (Minnesota) (NSP), tendered for filing an Agreement dated June 15, 1998, between NSP and the City of Shakopee

[Page 38636](City). In a previous agreement dated June 10, 1997, between the two parties, City agreed to continue paying NSP the current wholesale distribution substation rate of $0.47/kW-month until June 30, 1998. Since the June 10, 1997, agreement has terminated, this new Agreement has been executed to continue the current wholesale distribution substation rate of $0.47/kW-month until June 30, 1999.

NSP requests that the Agreement be accepted for filing effective July 1, 1998, and requests waiver of the Commission's notice requirements in order for the Agreement to be accepted for filing on the date requested.

Comment date: July 20, 1998, in accordance with Standard Paragraph E at the end of this notice.

11. Pacific Gas and Electric Company

Docket No. ER98-3582-000

Take notice that on July 1, 1998, Pacific Gas and Electric Company (PG&E), tendered for filing Amendment No. 6, to the Comprehensive Agreement between State of California Department of Water Resources and Pacific Gas and Electric Company (Agreement). Amendment No. 6, modifies certain terms and provisions of the Agreement to extend its term and to accommodate DWR becoming its own Scheduling Coordinator under the Tariffs and Protocols of the California Independent Systems Operator.

The Agreement and its appendices were originally accepted for filing by the Commission in FERC Docket No. ER83-142-000 and designated as PG&E Rate Schedule FERC No. 77.

Copies of this filing were served upon DWR and the California Public Utilities Commission.

Comment date: July 21, 1998, in accordance with Standard Paragraph E at the end of this notice.

12. Southwest Power Pool

Docket No. ER98-3583-000

Take notice that on July 1, 1998, Southwest Power Pool (SPP), tendered for filing ten executed service agreements for Short-Term Firm Point-To-Point transmission service and Non-Firm Point-To-Point Firm Transmission Service under SPP's Open Access Transmission Tariff.

Copies of this filing were served upon each of the parties to these agreements.

Comment date: July 21, 1998, in accordance with Standard Paragraph E at the end of this notice.

13. Public Service Company of New Mexico

Docket No. ER98-3584-000

Take notice that on July 1, 1998, Public Service Company of New Mexico (PNM), submitted for filing a service agreement dated June 22, 1998, for Firm Point-To-Point Transmission Service between PNM (Transmission Provider) and Southwestern Public Service Company (Transmission Customer), under the terms of PNM's Open Access Transmission Service Tariff. The transmission service is for specified MW amounts of Reserved Capacity for the months of July and August 1998, from the Four Corners (345 kV) Switchyard (Point of Receipt) to the Roosevelt 230 kV Bus (Point of Delivery).

PNM requests an effective date of July 1, 1998, for this agreement.

PNM's filing is available for public inspection at its offices in Albuquerque, New Mexico.

Comment date: July 21, 1998, in accordance with Standard Paragraph E at the end of this notice.

14. Public Service Company of New Mexico

Docket No. ER98-3585-000

Take notice that on July 1, 1998, Public Service Company of New Mexico (PNM), submitted for filing an executed service agreement, for Short-Term Firm Point-to-Point Transmission Service under the terms of PNM's Open Access Transmission Service Tariff, with Arizona Public Service Company (APS) dated June 25, 1998. PNM will provide APS with firm transmission service for a three-month period beginning July 1, 1998, on PNM's Palo Verde to Westwing transmission path.

Comment date: July 21, 1998, in accordance with Standard Paragraph E at the end of this notice.

15. Southwestern Public Service

Docket No. ER98-3586-000

Take notice that on July 1, 1998, Southwestern Public Service Company (SPS), submitted a Power Sale Agreement with Lubbock Power and Light, City of Lubbock (LP&L).

SPS proposes to make the effective date for the Agreement June 20, 1998, the date service to LP&L began.

Comment date: July 21, 1998, in accordance with Standard Paragraph E at the end of this notice.

16. Allegheny Power Service Corp., on Behalf of Monongahela Power Co. The Potomac Edison Company, and West Penn Power Company (Allegheny Power)

Docket No. ER98-3587-000

Take notice that on July 1, 1998, Allegheny Power Service Corporation on behalf of Monongahela Power Company, The Potomac Edison Company and West Penn Power Company (Allegheny Power), tendered for filing Supplement No. 31 to add Eastern Power Distribution, Inc. (EPDI), to Allegheny Power's Open Access Transmission Service Tariff which has been submitted for filing in Docket No. OA96-18-000. Accordingly Supplement No. 31 includes a Non-Firm Point-To-Point Transmission Service Agreement with EPDI.

The proposed effective date under the Service Agreement is June 30, 1998.

Copies of the filing have been provided to the Public Utilities Commission of Ohio, the Pennsylvania Public Utility Commission, the Maryland Public Service Commission, the Virginia State Corporation Commission, the West Virginia Public Service Commission.

Comment date: July 21, 1998, in accordance with Standard Paragraph E at the end of this notice.

17. Enron Energy Services, Inc.

Docket No. ER98-3588-000

Take notice that on July 1, 1998, Enron Energy Services, Inc. (Enron Energy), tendered for filing a Notification of Change in Status (Notification). The Notification informs the Commission that Enron Energy's affiliate Portland General Electric Company (PGE), intends to offer certain non-jurisdictional brokering services to all participants in the Western Systems Coordinating Council, including Enron Energy and other PGE affiliates, and concludes that these transactions do not alter the characteristics that the Commission relied upon in approving the market-based pricing for EES.

Comment date: July 21, 1998, in accordance with Standard Paragraph E at the end of this notice.

18. Enron Power Marketing, Inc.

Docket No. ER98-3589-000

Take notice that on July 1, 1998, Enron Power Marketing, Inc. (EPMI), tendered for filing a Notification of Change in Status (Notification). The Notification informs the Commission that EPMI's affiliate Portland General Electric Company (PGE), intends to offer certain non-jurisdictional brokering services to all participants in the

[Page 38637]Western Systems Coordinating Council, including EPMI and other PGE affiliates, and concludes that these transactions do not alter the characteristics that the Commission relied upon in approving the market-based pricing for EPMI.

Comment date: July 21, 1998, in accordance with Standard Paragraph E at the end of this notice.

19. Wisconsin Electric Power Company

Docket No. ER98-3591-000

Take notice that on July 2, 1998, Wisconsin Electric Power Company (Wisconsin Electric), tendered for filing a Short-Term Firm and Non- Firm Transmission Service Agreement under Wisconsin Energy Corporation Operating Company's FERC Electric Tariff, Original Volume No. 1.

Wisconsin Electric respectfully requests an effective date coincident with its filing.

Copies of the filing have been served on all transmission service customers, the Michigan Public Service Commission, and the Public Service Commission of Wisconsin.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

20. Commonwealth Edison Company

Docket No. ER98-3592-000

Take notice that on July 2, 1998, Commonwealth Edison Company (ComEd), tendered for filing a service agreement establishing Amoco Energy Trading Corporation (AETC), Duke/Louis Dreyfus, L.L.C. (LDFS), El Paso Energy Marketing (EPEM), Entergy Services, Inc. (EPMI), Griffin Energy Marketing L.L.C. (GEM), MidAmerican Energy Company (MEC), Tractebel Energy Marketing Inc. (TEMI), as customers under ComEd's FERC Electric Market Based-Rate Schedule for power sales.

ComEd requests an effective date of June 17, 1998 and, accordingly, seek waiver of the Commission's notice requirements.

ComEd states that a copy of the filing was served on the Illinois Commerce Commission and an abbreviated copy of the filing was served on each affected customer.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

21. PJM Interconnection, L.L.C.

Docket No. ER98-3593-000

Take notice that on July 2, 1998, PJM Interconnection, L.L.C. (PJM), filedon behalf of the Members of the LLC, membership applications of DTE Edison America, Inc., Enron Energy Services, Inc., and Tosco Power, Inc. PJM requests an effective date on the day after this Notice of Filing is received by FERC.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

22. The Dayton Power and Light Company

Docket No. ER98-3595-000

Take notice that on July 2, 1998, The Dayton Power and Light Company (Dayton), submitted service agreements establishing with e prime, Inc., Engage Energy US, L.P., Rainbow Energy Marketing Corporation as customers under the terms of Dayton's Open Access Transmission Tariff.

Dayton requests an effective date of one day subsequent to this filing for the service agreements. Accordingly, Dayton requests waiver of the Commission's notice requirements.

Copies of the this filing were served upon e prime, Inc., Engage Energy US, L.P., Rainbow Energy Marketing Corporation and the Public Utilities Commission of Ohio.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

23. The Dayton Power and Light Company

Docket No. ER98-3596-000

Take notice that on July 2, 1998, The Dayton Power and Light Company (Dayton), tendered for filing Short-Term Firm Transmission Service Agreements with Allegheny Power Service Corporation, Electric Clearinghouse, Inc., e prime, Inc., Morgan Stanley Capital Group Inc., under the terms of Dayton's Open Access Transmission Tariff.

Dayton requests an effective date of one day subsequent to this filing for the service agreements. Accordingly, Dayton requests waiver of the Commission's notice requirements.

Copies of the this filing were served Allegheny Power Service Corporation, Electric Clearinghouse, Inc., e prime, Inc., Morgan Stanley Capital Group Inc., and the Public Utilities Commission of Ohio.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

24. The Dayton Power and Light Company

Docket No. ER98-3597-000

Take notice that on July 2, 1998 The Dayton Power and Light Company (Dayton), submitted service agreements establishing Delmarva Power and Light Company, Plum Street Energy Marketing, Inc., Ohio Valley Electric Corporation as a customer under the terms of Dayton's Market-Based Sales Tariff.

Dayton requests an effective date of one day subsequent to this filing for the service agreements. Accordingly, Dayton requests waiver of the Commission's notice requirements.

Copies of the this filing were served upon Delmarva Power and Light Company, Plum Street Energy Marketing, Inc., Ohio Valley Electric Corporation and the Public Utilities Commission of Ohio.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

25. Carolina Power & Light Company

Docket No. ER98-3598-000

Take notice that on July 2, 1998, Carolina Power & Light Company (CP&L), tendered for filing an executed Service Agreement with First Energy Trading and Power Marketing Inc., under the provisions of CP&L's Market-Based Rates Tariff, FERC Electric Tariff No. 4. This Service Agreement supersedes the un-executed Agreement originally filedin Docket No. ER98-3395-000.

Copies of the filing were served upon the North Carolina Utilities Commission and the South Carolina Public Service Commission.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

26. Idaho Power Company

Docket No. ER98-3599-000

Take notice that on July 2, 1998, Idaho Power Company (IPC), tendered for filing with the Federal Energy Regulatory Commission a Service Agreement for Firm Point-to-Point Transmission Service between Idaho Power Company and The Montana Power Company under Idaho Power Company FERC Electric Tariff No. 5, Open Access Transmission Tariff.

Idaho Power Company requests that the service agreement become effective June 15, 1998.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

27. Niagara Mohawk Power Corporation

Docket No. ER98-3600-000

Take notice that on July 2, 1998, Niagara Mohawk Power Corporation (Niagara Mohawk), tendered for filing Notice of Cancellation of FERC Rate Schedule No. 205 and any supplements thereto, effective June 10, 1994 with

[Page 38638]New York State Electric and Gas Corporation (NYSEG).

Copies of this Notice of the proposed cancellation has been served upon New York State Electric and Gas Corporation.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

28. Enron Power Marketing, Inc.

Docket No. ER98-3601-000

Take notice that on July 2, 1998, Enron Power Marketing, Inc., tendered for filing a Notice of Cancellation of its Electric Rate Schedule FERC No. 44, to become effective September 30, 1998.

Enron Power Marketing, Inc., served a copy of the filing on the Bonneville Power Administration, the only other party to Rate Schedule FERC No. 44.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

29. Consolidated Edison Company of New York, Inc.

Docket No. ER98-3603-000

Take notice that on July 2, 1998, Consolidated Edison Company of New York, Inc. (Con Edison), tendered for filing a Supplement to Con Edison Rate Schedule FERC No. 94 for transmission service for Long Island Lighting Company (LILCO).

The Rate Schedule provides for transmission of power and energy from the New York Power Authority's Blenheim-Gilboa station. The Supplement provides for a decrease in annual revenues under the Rate Schedule.

Con Edison has requested that this increase take effect on July 1, 1998.

Con Edison states that a copy of this filing has been served by mail upon LILCO.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

30. Texas-New Mexico Power Company

Docket No. ER98-3604-000

Take notice that on July 2, 1998, Texas-New Mexico Power Company (TNMP), tendered for filing an Interconnection Agreement between TNMP, Public Service Company of New Mexico (PNM) and the City of Las Cruces. TNMP tenders with the filing a PNM certificate of concurrence.

TNMP requests that the Commission waive its notice requirement an effective date as of February 1, 1998.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

31. Doswell Limited Partnership

Docket No. ER98-3606-000

Take notice that on July 2, 1998, Doswell Limited Partnership (Doswell), tendered for filing an amendment to the Power Purchase and Operating Agreement (the Second Amendment) between Doswell and Virginia Electric and Power Company (Virginia Power). Doswell states that the Second Amendment modifies certain components of the energy rate, as well as certain non-rate terms and conditions, for Doswell's sales of generating capacity and energy to Virginia Power. The amount of capacity to be sold, and the capacity charge component of the rate, are unaffected by the Second Amendment.

Comment date: July 22, 1998, in accordance with Standard Paragraph E at the end of this notice.

Standard Paragraphs

E. Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions or protests should be filedon or before the comment date. Protests 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. Any person wishing to become a party must file a motion to intervene. Copies of these filings are on file with the Commission and are available for public inspection. David P. Boergers, Acting Secretary.

FR Doc. 98-19064Filed7-16-98; 8:45 amBILLING CODE 6717-01-P

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