Applications, hearings, determinations, etc.: Duke Energy New Smyrna Beach Power Co. Ltd., L.L.P.,

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Federal Register: July 7, 1998 (Volume 63, Number 129)NoticesPage 36670-36671From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr07jy98-56

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Docket No. ER98-2624-000Duke Energy New Smyrna Beach Power Company Ltd., L.L.P.; Notice of Issuance of Order

June 30, 1998.

Duke Energy New Smyrna Beach Power Company Ltd., L.L.P. (Duke New Smyrna), an indirect wholly-owned subsidiary of Duke Energy Corporation, filedan application requesting Commission authorization to sell electric capacity and energy at market-based rates, and for certain waivers and authorizations. In particular, Duke New Smyrna requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liabilities by Duke New Smyrna. On June 25, 1998, the Commission issued an Order Accepting For Filing Proposed Tariffs For Market-Based Power Sales And Reassignment Of Transmission Capacity

[Page 36671](Order), in the above-docketed proceeding.

The Commission's June 25, 1998 Order granted the request for blanket approval under Part 34, subject to the conditions found in Ordering Paragraphs (G), (H), and (J):

  (G) Within 30 days of the date of this order any person desiring to be heard or to protest the Commission's blanket approval of issuances of securities or assumptions of liabilities by Duke New Smyrna 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 385.214.

  (H) Absent a request to be heard within the period set forth in Ordering Paragraph (G) above, Duke New Smyrna is hereby authorized to issue securities and assume obligations and liabilities as guarantor, indorser, surety or otherwise in respect of any security of another person; provided that such issue or assumption is for some lawful object within the corporate purposes of Duke New Smyrna, compatible with the public interest, and reasonably necessary or appropriate for such purposes.

  (J) The Commission reserves the right to modify this order to require a further showing that neither public nor private interests will be adversely affected by continued Commission approval of Duke New Smyrna's issuances of securities or assumptions of liabilities * * *.

Notice is hereby given that the deadline for filing motions to intervene or protests, as set forth above, is July 27, 1998.

Copies of the full text of the Order are available from the Commission's Public Reference Branch, 888 First Street, N.E., Washington, D.C. 20426. David P. Boergers, Acting Secretary.

FR Doc. 98-17880Filed7-6-98; 8:45 amBILLING CODE 6717-01-M

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