FERC Issues Letter Order Accepting Coalinga Cogeneration Company's et al 6/28/14 Filing of an Updated Market Power Analysis in Compliance with Order...
(Targeted News Service Via Acquire Media NewsEdge) FERC Issues Letter Order Accepting Coalinga Cogeneration Company's et al 6/28/14 Filing of an Updated Market Power Analysis in Compliance with Order No. 697, Request for Category 1 Status, and Tariff Revisions Under ER13-1846 et al
WASHINGTON, March 19 -- The U.S. Department of Energy's Federal Energy Regulatory Commission issued the text of the following delegated order:
In Reply Refer To:
Docket Nos. ER13-1846-000
Coalinga Cogeneration Company
Kern River Cogeneration Company
Mid-Set Cogeneration Company
Sargent Canyon Cogeneration Company
Sunrise Power Company, LLC
Sycamore Cogeneration Company
Salinas River Cogeneration Company
March 19, 2014
Mr. Andrew B. Young
Attorney for Sellers
K&L Gates LLP
1601 K Street, N.W.
Washington, D.C. 20006
Reference: Updated Market Power Analysis in Compliance with Order No. 697, Request for Category 1 Status, and Tariff Revisions
Dear Mr. Young:
On June 28, 2013, you filed on behalf of Sellers an updated market power analysis for the Southwest region in compliance with the regional reporting schedule adopted in Order No. 697 and pursuant to the Commission's orders granting Sellers authority to sell electric energy and capacity at market-based rates. You also submitted a request for Category 1 status representing that Sellers meet the criteria for Category 1 status in the Northeast, Southeast, Central, Southwest Power Pool, and Northwest regions. Finally, you submitted revised market-based rate tariffs to incorporate the required provision adopted by the Commission in Order No. 697-A, and to make minor administrative changes.
Your filing was noticed on June 28, 2013, with comments, protests or interventions due on or before August 27, 2013. None was filed.
Pursuant to the authority delegated to the Director, Division of Electric Power Regulation - West, under 18 C.F.R. section 375.307, your submittal filed in the referenced dockets is accepted for filing, effective June 29, 2013, as requested. Based on your representations, Sellers each meet the criteria for Category 2 sellers in the Southwest region and Category 1 sellers in the Northeast, Southeast, Central, Southwest Power Pool, and Northwest regions and are so designated.
You state that Sellers own and operate several qualifying facilities in the California Independent System Operator Corp. (CAISO) totaling 588 megawatts (MW) of uncommitted capacity. You further represent that Sellers are owned by Edison Mission Energy and Chevron Corporation, and are affiliated with approximately 13,241 MW of generation in the CAISO market. Additionally, you state that Sellers are affiliated with Southern California Edison Company (SCE), which owns transmission facilities in the CAISO market and has transferred operational control over its transmission facilities to CAISO, and therefore has mitigated any transmission market power. Further, you affirmatively state that Sellers have not erected barriers to entry and will not erect barriers to entry into the relevant market.
You state that Sellers each meet the criteria for Category 1 seller status in all regions, except for the Southwest region. You represent that Sellers own generation in the Southwest region, and they do not own generation in any other regions. You also represent that Sellers do not own, operate, or control transmission facilities other than the limited equipment necessary to connect individual generating facilities to the transmission grid. You add that with exception of SCE, which is located in the Southwest region, Sellers are not affiliated with anyone that owns, operates, or controls transmission facilities. Lastly, you represent that other than SCE, Sellers are not affiliated with a franchised public utility, and do not raise any other vertical market power issues.
Market-Based Rate Authorization
The Commission allows power sales at market-based rates if the seller and its affiliates do not have, or have adequately mitigated, horizontal and vertical market power.
Sellers have prepared the pivotal supplier and wholesale market share screens for the CAISO market consistent with the requirements of Order No. 697, when the Commission-accepted Simultaneous Transmission Import Limit (SIL) study results are taken into consideration for the CAISO market.
Your horizontal market power screens have been reviewed, and you pass both the pivotal supplier and wholesale market share screens in the CAISO market when the Commission-accepted SIL values for those areas are applied. Based on your representations, your submittal satisfies the Commission's requirements for market-based rate authority regarding horizontal market power.
Based on your representations, Sellers' submittal also satisfies the Commission's requirements for market-based rate authority regarding vertical market power.
Sellers must file electronically with the Commission Electric Quarterly Reports. Sellers further must timely report to the Commission any change in status that would reflect a departure from the characteristics the Commission relied upon in granting market-based rate authority in accordance with Order No. 697.
This action does not constitute approval of any service, rate, charge, classification, or any rule, regulation, or practice affecting such rate or service provided for in the filed documents; nor shall such action be deemed as recognition of any claimed contractual right or obligation affecting or relating to such service or rate; and such acceptance is without prejudice to any findings or orders which have been or may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against any of the applicant(s).
This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R section 385.713.
Questions regarding the above order should be directed to:
Federal Energy Regulatory Commission
Attn: Debra Irwin
Phone: (202) 502-6253
Office of Energy Market Regulation
888 First Street, N.E.
Washington, D.C. 20426
Steve P. Rodgers, Director
Division of Electric Power
Regulation - West
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