69 FR 101 pgs. 29708-29715 - Acadia Power Partners, LLC, et al.; Order Implementing New Generation Market Power Analysis and Mitigation Procedures
Type: NOTICEVolume: 69Number: 101Pages: 29708 - 29715
Docket number: [Docket No. ER02-1406-001, et al.]
FR document: [FR Doc. 04-11744 Filed 5-24-04; 8:45 am]
Agency: Energy Department
Sub Agency: Federal Energy Regulatory Commission
Official PDF Version: PDF Version
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. ER02-1406-001, et al.]
Acadia Power Partners, LLC, et al.; Order Implementing New Generation Market Power Analysis and Mitigation Procedures
Issued May 13, 2004.
Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell, and Joseph T. Kelliher
1. In this order, the Commission addresses the procedures for implementing the new interim generation market power analysis and mitigation policy announced in the Commission's April 14, 2004 Order in AEP Power Marketing, Inc., et al. , 107 FERC ¶ 61,018 (2004), reh'g pending (SMA Rehearing Order). This order benefits customers by implementing the policies adopted in the SMA Rehearing Order, which improve the assessment and mitigation of generation market power in wholesale markets, thus better ensuring that prices charged for jurisdictional sales are just and reasonable.
Background
2. In an order issued on November 20, 2001,1the Commission announced a new generation market power test, the Supply Margin Assessment (SMA), to be applied to market-based rate applications on an interim basis pending a generic review of new methods for analyzing market power. It also established mitigation measures applicable to entities that fail the interim generation market power test.
Footnotes:
1 See AEP Power Marketing, Inc., et al. , 97 FERC ¶ 61,219 (2001) (SMA Order).
3. In the SMA Rehearing Order, the Commission granted rehearing of the SMA Order to the extent that it replaced the SMA generation market power test with two "indicative screens" for assessing generation market power and modified the mitigation announced in the SMA Order. Concurrently with the SMA Rehearing Order, the Commission issued a notice establishing a generic rulemaking docket to initiate a comprehensive review of the appropriate analysis for granting market-based rate authority, in particular, the analysis of generation market power, transmission market power, other barriers to entry, and affiliate abuse and reciprocal dealing.2In the interim, the Commission indicated that the policies it was adopting in the SMA Rehearing Order (which deal with the generation market power part of the analysis) would apply to all pending and future market-based rate applications, including three-year market-based rate reviews, pending the completion of the market-based rate rulemaking. The Commission stated that it intended to issue a subsequent order addressing the implementation process for pending three-year market-based rate reviews as well as pending applications for initial market-based rate authority.
Footnotes:
2 See Initiation of Rulemaking Proceeding on Market-Based Rates and Notice of Technical Conference, Docket No. RM04-7-000, 107 FERC ¶ 61,109 (2004).
4. In the SMA Rehearing Order, the Commission stated it was not making any findings at that time in connection with the three-year market-based rate review filings of the three applicants that were the subject of the rehearing, nor was it imposing in that order mitigation on those applicants. Instead, each applicant was directed, within 60 days from the date of issuance of the SMA Rehearing Order, to make a filing with the Commission submitting revised generation market power analyses pursuant to the two indicative screens (pivotal supplier and market share) adopted in the order. As the Commission explained, each of these revised filings will be noticed in the Federal Register , with an opportunity for comment by interested parties. The Commission stated that, following its review of these analyses, it would issue an order addressing the filings on the indicative screens. We further stated that applicants that do not pass the two indicative screens (and thus are rebuttably presumed to possess generation market power) will have the option of presenting a more thorough analysis using the Delivered Price Test. In the alternative, the applicants may proceed directly to mitigation. Should they choose this route, we explained that each company will have the option of proposing specific mitigation tailored to its particular circumstances sufficient to alleviate any market power concerns, or adopting default rates, as set forth in the SMA Rehearing Order.3
Footnotes:
3 SMA Rehearing Order, 107 FERC ¶ 61,018 at P 206, 207.
Discussion
5. The purpose of this order is to provide a framework for applying the substantive and procedural requirements of the SMA Rehearing Order to other applicants with: (1) Pending three-year market-based rate reviews; (2) pending filings for initial market-based rate authority; or (3) future applications for initial market-based rate authority or future three-year market-based rate reviews.
6. Because the Commission has adopted a new interim approach for analyzing generation market power, we will require that the generation market power portion of all pending and future three-year reviews, as well as all pending and future initial applications for market-based rate authority, address the indicative screens (pivotal supplier and market share) adopted in the SMA Rehearing Order.4
Footnotes:
4 As we stated in the SMA Rehearing Order, we will apply this approach on an interim basis, pending a comprehensive generic review of the appropriate analysis for granting market-based rate authority in the market-based rate rulemaking proceeding. Id. at P 2.
Pending Three-Year Market-Based Rate Reviews
7. Consistent with the procedures set forth in the SMA Rehearing Order, all applicants with three-year market-based rate reviews pending before the Commission on or before the date of issuance of this order are directed to make a filing with the Commission to revise the generation market power portion of their three-year reviews to address the two interim indicative generation market power screens adopted in the SMA Rehearing Order.5The revised filings will be treated as amendments to the pending filings, and all pleadings on the pending filings will remain in the record.
Footnotes:
5 Moreover, to the extent that the factual circumstances have changed from those described in the pending filing regarding the other three parts of our four-part analysis ( i.e. , transmission market power, barriers to entry, and affiliate abuse and/or reciprocal dealing), such applicants should provide updated information regarding those parts of the test.
8. In order to facilitate the processing of the pending three-year market-based rate reviews, however, we have decided to stagger the time periods within which such revised filings must be made. In doing so, we have attempted to take into consideration resource issues from the standpoint of both the industry and the Commission. A schedule listing the time period within which each applicant's revised three-year market-based rate review filing must be made is set forth in Appendix A. Each applicant's revised filing will be noticed in the Federal Register , with an opportunity for comment by interested parties.
9. We believe it is appropriate to start with transmission-providing utilities because these utilities are required by the SMA Rehearing Order to undertake simultaneous import capability studies for their home control areas and for each of their interconnected first-tier control areas. As other utilities may need such simultaneous import capability information in order to perform their own generation market power analyses, as a practical matter it is necessary to require that the public utilities with the access to such simultaneous import information (the transmission-providing public utilities) be among the first directed to revise their pending three-year market-based rate reviews consistent with the interim screens adopted in the SMA Rehearing Order.
10. Similarly, because of the importance of information accessibility, we will address early on the three-year market-based rate reviews of public utilities located in ISO/RTOs with a single energy market under the control of the ISO/RTO ( e.g. , PJM, ISO NE, NYISO, and CAISO). Acting on these types of filings will provide other applicants seeking to obtain or retain market-based rate authority with needed market information that will facilitate the completion of their studies.
11. The timing for processing of the remaining filings is generally based on the age of the filings. We will consider the revised applications directed herein to be the next required three-year market-based rate review for the applicants listed in Appendix A. In the event that a public utility with a three-year market-based rate review pending before the Commission is not listed in Appendix A (and, accordingly, has not been assigned a date for submitting its revised generation market power analysis pursuant to the two indicative screens), such omission is inadvertent. Any such omitted public utility is directed, within 30 days of the date of issuance of this order, to identify itself and the pending docket number.
12. We remind applicants that they may provide streamlined applications, where appropriate, to show that they pass both screens.6For example, if an applicant would pass both screens without considering competing supplies imported from adjacent control areas, the applicant need not include such imports. Likewise, an applicant need only account for the minimum amount of capacity that would result in the applicant passing both screens. Accordingly, an applicant may not need to consider the capacity of all competitors within the relevant market. For example, if there are seven competitors in the relevant market and the applicant passes both screens when considering only three of those competitors, the applicant need not account for the other four competitors, nor consider competing supplies imported from adjacent control areas. Further, utilities meeting the criteria of section 35.27 of our regulations,7as clarified in LGE Capital Trimble County LLC, 98 FERC ¶ 61,261 at 62,034-35 (2002) (dealing with sales for resale from capacity for which construction commenced on or after July 9, 1996), may provide evidence demonstrating that they satisfy our regulations rather than submit a generation market power analysis.8
Footnotes:
6 See SMA Rehearing Order, 107 FERC ¶ 61,018 at P 38, 113-117.
7 18 CFR 35.27 (2003).
8 As we explained in the SMA Rehearing Order, however, if an applicant sites generation in an area where it or its affiliates own or control other generation assets, the applicant must address whether its new capacity, when added to existing capacity, raises generation market power concerns. 107 FERC ¶ 61,018 at P 38, 116.
13. In addition, consistent with the procedures set forth in the SMA Rehearing Order, applicants may forgo submitting a generation market power analysis and go directly to mitigation by proposing case-specific mitigation that eliminates the ability to exercise market power, or agreeing to the default rates.9
Footnotes:
9 Id. at P 39, 148.
14. Finally, we understand that there may be a number of utilities whose three-year market-based rate reviews are due to be filed with the Commission within the next 60 days. In order to provide such utilities an opportunity to incorporate the two indicative screens adopted in the SMA Rehearing Order into the generation market power portion of their three-year reviews, we will grant these utilities an extension of time of 60 days from the date of issuance of this order to submit their three-year market-based rate reviews.
Pending Applications for Initial Market-Based Rate Authority
15. A number of utilities have applications for initial market-based rate authority pending before the Commission, which were filed on or before the date of issuance of this order. These utilities are listed in Appendix B. In light of the Commission's decision to analyze generation market power based on the two indicative screens adopted in the SMA Rehearing Order, the generation market power studies submitted in connection with these pending applications have been rendered deficient. Accordingly, the utilities listed in Appendix B are directed to revise their filings within 60 days from the date of issuance of this order to reflect the new interim generation market power screens. In the alternative, these utilities can revise their filings to indicate that they will forgo submitting a generation market power analysis and go directly to mitigation by proposing case-specific mitigation that eliminates the ability to exercise market power, or agreeing to the default rates.
Future Initial Market-Based Rate Applications and Future Three-Year Reviews
16. All future applications for initial market-based rate authority and future three-year market-based rate reviews ( i.e. , those not currently pending and that are filed after the date of issuance of this order) should include generation market power analyses pursuant to the two indicative screens (pivotal supplier and market share) described in the SMA Rehearing Order, as well as the other three parts of our four-part analysis. In the alternative, new applicants for market-based rate authority, as well as applicants filing three-year market-based rate reviews, can forgo submitting a generation market power analysis and go directly to mitigation by proposing case-specific mitigation that eliminates the ability to exercise market power, or agreeing to the default rates.
The Commission orders:
(A) The applicants listed in Appendix A are directed to file, within the time period set forth in Appendix A, revised applications, as discussed in the body of this order.
(B) The applicants listed in Appendix B are directed to revise their applications for initial market-based rate authority, as discussed in the body of this order.
(C) Applicants with three-year market-based rate reviews due to be filed within the next 60 days are hereby granted an extension of time of 60 days from the date of issuance of this order, as discussed in the body of this order.
(D) The Secretary is hereby directed to promptly publish this order in the Federal Register .
By the Commission. Commissioner Kelly not participating.
Linda Mitry,
Acting Secretary.
Appendix A
| Group I (due within 90 days of the date of this order) | |
| Alliant Energy Corporate Services | ER99-230-002 |
| APS Energy Services, Inc | ER99-4122-004 |
| Arizona Public Service Company | ER99-4124-001 |
| Pinnacle West Capital Corporation | ER00-2268-003 |
| Pinnacle West Energy Corporation | ER00-3312-002 |
| CMS Generation Michigan Power LLC | ER99-3677-001 |
| Consumers Energy Company | ER98-4421-002 |
| Consolidated Water Power Company | ER98-4512-002 |
| El Paso Electric Company | ER99-2416-001 |
| Dayton Power Light Company | ER96-2602-004 |
| DPL Energy LLC | ER96-2601-015 |
| Duke Energy Morro Bay, LLC | ER98-2681-002 |
| Duke Energy Moss Landing, LLC | ER98-2680-002 |
| Duke Energy Oakland, LLC | ER98-2682-002 |
| Duke Energy South Bay, LLC | ER99-1785-001 |
| Duke Power Co. | ER96-110-007 |
| Duke Solutions, Inc | ER98-3813-007 |
| Kansas City Power Light Company | ER99-1005-001 |
| Public Service Company of New Mexico | ER96-1551-006 |
| ER01-615-003 | |
| Puget Sound Energy, Inc | ER99-845-003 |
| Group II (due within 135 days of the date of this order) | |
| Avista Energy Inc | ER96-2408-018 |
| Empire District Electric Company | ER99-1757-002 |
| ER99-1757-003 | |
| ER99-1757-004 | |
| AG-Energy, LP | ER98-2782-002 |
| Amergen Energy Company, LLC | ER99-754-008 |
| Commonwealth Edison Company | ER98-1734-006 |
| Exelon Edgar LLC | ER01-513-005 |
| Exelon Energy Company | ER97-3954-016 |
| Exelon Fore River Development, LLC | ER01-41-004 |
| Exelon Framingham LLC | ER01-513-005 |
| Exelon Generation Company, LLC | ER00-3251-005 |
| Exelon New Boston LLC | ER01-513-005 |
| Exelon New England Power Marketing, L.P | ER99-2404-001 |
| ER99-2404-004 | |
| Exelon Mystic Development, LLC | ER01-42-005 |
| Exelon West Medway LLC | ER01-513-005 |
| Exelon Wyman LLC | ER01-513-005 |
| PECO Energy Company | ER99-1872-005 |
| Power City Partners, L.P | ER98-2782-002 |
| Seneca Power Partners, L.P | ER98-2782-002 |
| Sithe Edgar LLC | ER98-1943-002 |
| Sithe New Boston LLC | ER98-1943-002 |
| Sithe Framingham LLC | ER98-1943-002 |
| Sithe West Medway LLC | ER98-1943-002 |
| Sithe Wyman LLC | ER98-1943-002 |
| Sithe Mystic LLC | ER98-1943-002 |
| Sithe Power Marketing, L.P | ER98-107-011 |
| Unicom Power Marketing, Inc | ER01-1919-002 |
| Sterling Power Partners, L.P | ER98-2782-002 |
| Idaho Power Company | ER97-1481-003 |
| Northeast Generation Company | ER99-4463-001 |
| Northeast Utilities Service Company | ER96-496-010 |
| Select Energy, Inc | ER99-14-007 |
| Athens Generating Company, L.P | ER99-4282-002 |
| Attala Generating Company, LLC | ER01-747-002 |
| Badger Generating Company, LLC | ER00-3457-001 |
| Covert Generating Company, LLC | ER01-520-002 |
| Harquahala Generating Company, LLC | ER01-748-002 |
| La Paloma Generating Company, LLC | ER00-107-001 |
| Lake Road Generating Company, L.P | ER99-1714-002 |
| Liberty Generating Company, LLC | ER00-1792-001 |
| Logan Generating Company, L.P | ER95-1007-014 |
| Madison Windpower LLC | ER00-1742-001 |
| Mantua Creek Generating Company, L.P | ER99-4162-002 |
| Millennium Power Partners, L.P | ER98-830-006 |
| Mountain View Power Partners, LLC | ER01-751-001 |
| ER01-751-005 | |
| Mountain View Power Partners II, LLC | ER01-1336-002 |
| Okeechobee Generating Company, LLC | ER99-3643-001 |
| PGE Dispersed Generating Company, LLC | ER00-2134-001 |
| PGE Energy Trading Power, L.P | ER95-1625-024 |
| Pittsfield Generating Company, L.P | ER98-4400-003 |
| Plains End, LLC | ER01-2741-002 |
| USGen New England, Inc | ER98-6-008 |
| Western Resources, Inc | ER98-2157-002 |
| Griffin Energy Marketing, LLC | ER97-4168-012 |
| Wisconsin Electric Power Company | ER98-855-002 |
| ER98-855-003 | |
| Wisconsin Public Service Corporation | ER95-1528-006 |
| WPS Energy Services, Inc | ER96-1088-031 |
| WPS Power Development, Inc | ER96-1088-031 |
| Group III (due within 180 days of the date of this order) | |
| AES Alamitos, LLC | ER98-2185-006 |
| AES Huntington Beach, LLC | ER98-2184-006 |
| AES Placerita, Inc | ER00-33-003 |
| AES Redondo Beach, LLC | ER98-2186-006 |
| Indianapolis Power Light Company | ER00-1026-006 |
| Citizens Power Sales | ER94-1685-031 |
| CPL Power Sales One, LLC | ER95-892-055 |
| CPL Power Sales Two, LLC | ER95-892-055 |
| CPL Power Sales Five, LLC | ER95-892-055 |
| CPL Power Sales Six, LLC | ER96-2652-049 |
| CPL Power Sales Seven, LLC | ER96-2652-049 |
| CPL Power Sales Eight, LLC | ER96-2652-049 |
| CPL Power Sales Nine, LLC | ER96-2652-049 |
| CPL Power Sales Ten, LLC | ER96-2652-049 |
| CPL Power Sales Twelve, LLC | ER99-893-007 |
| CPL Power Sales Thirteen, LLC | ER99-892-008 |
| CPL Power Sales Fourteen, LLC | ER99-891-008 |
| CPL Power Sales Fifteen, LLC | ER99-890-008 |
| CPL Power Sales Seventeen, LLC | ER99-4229-005 |
| CPL Power Sales Eighteen, LLC | ER99-4230-004 |
| CPL Power Sales Nineteen, LLC | ER99-4228-005 |
| CPL Power Sales Twenty, LLC | ER99-4231-004 |
| Edison Mission Marketing Trading, Inc | ER99-852-006 |
| EME Homer City Generation, L.P | ER99-666-002 |
| Midwest Generation, LLC | ER99-3693-001 |
| Sunrise Power Co | ER01-2217-002 |
| LGE Energy Marketing, Inc | ER94-1188-033 |
| Louisville Gas Electric Company | ER98-4540-002 |
| Kentucky Utilities Company | ER99-1623-001 |
| WKE Station 2, Inc | ER98-1278-008 |
| Western Kentucky Energy Corporation | ER98-1279-004 |
| Madison Gas Electric Company | ER00-586-002 |
| Mirant Americas Energy Marketing, LP | ER01-1265-002 |
| Mirant Bowline, LLC | ER01-1266-002 |
| Mirant California, LLC | ER01-1267-002 |
| ER01-1267-003 | |
| Mirant Canal, LLC | ER01-1268-003 |
| Mirant Chalk Point, LLC | ER01-1269-002 |
| Mirant Delta, LLC | ER01-1270-002 |
| ER01-1270-003 | |
| Mirant Energy Trading, LLC | ER02-1213-001 |
| Mirant Kendall, LLC | ER01-1271-003 |
| Mirant Las Vegas, LLC | ER03-160-001 |
| Mirant Lovett, LLC | ER01-1272-002 |
| Mirant Mid-Atlantic, LLC | ER01-1273-002 |
| Mirant NY-Gen, LLC | ER01-1275-002 |
| Mirant New England, LLC | ER01-1274-003 |
| Mirant Oregon, LLC | ER02-1331-002 |
| Mirant Peaker, LLC | ER01-1276-002 |
| Mirant Potomac River, LLC | ER01-1277-002 |
| Mirant Potrero, LLC | ER01-1278-002 |
| ER01-1278-003 | |
| Mirant Sugar Creek, LLC | ER02-900-001 |
| Mirant Zeeland, LLC | ER01-1263-002 |
| Shady Hills Power Company, LLC | ER02-537-002 |
| West Georgia Generating Company, LLC | ER02-1052-001 |
| Wrightsville Power Facility, LLC | ER02-1028-001 |
| Minnesota Power | ER01-2636-001 |
| Split Rock Energy, LLC | ER00-1857-002 |
| PPL Brunner Island, LLC | ER00-744-001 |
| PPL Colstrip I, LLC | ER99-3491-002 |
| PPL Colstrip II, LLC | ER99-3491-002 |
| PPL Electric Utilities Corp | ER00-1712-003 |
| PPL EnergyPlus, LLC | ER98-4608-005 |
| PPL Holtwood, LLC | ER00-744-001 |
| PPL Martins Creek, LLC | ER00-744-001 |
| PPL Montana, LLC | ER99-3491-002 |
| PPL Montour, LLC | ER00-744-001 |
| PPL Susquehanna, LLC | ER00-744-001 |
| Reliant Energy Coolwater, LLC | ER99-2082-002 |
| Reliant Energy Ellwood, LLC | ER99-2081-002 |
| Reliant Energy Etiwanda, LLC | ER99-2083-002 |
| Reliant Energy Mandalay, LLC | ER99-2080-002 |
| Reliant Energy Ormond Beach, LLC | ER99-2079-002 |
| Reliant Energy Services, Inc | ER99-1801-005 |
| Sempra Energy Solutions | ER00-3444-002 |
| Hardee Power Partners Limited | ER99-2341-001 |
| Panda Gila River, L.P | ER01-931-004 |
| Tampa Electric Company | ER99-2342-001 |
| TECO Energy Source, Inc | ER96-1563-017 |
| Union Power Partners, L.P | ER01-930-004 |
| Group IV (due within 225 days of the date of this order) | |
| Ameren Energy Development Co | ER01-294-002 |
| Ameren Energy Generating Co | ER00-3412-003 |
| Ameren Energy Marketing Co | ER00-816-001 |
| AmerenEnergy Medina Valley Cogen, LLC | ER04-8-002 |
| ER98-2440-003 | |
| AmerenEnergy Resources Generating Co | ER04-53-002 |
| Central Illinois Light Co | ER98-2440-002 |
| Union Electric Co | ER00-2687-002 |
| Aquila, Inc | ER03-1079-002 |
| Aquila Merchant Services, Inc | ER94-216-001 |
| MEP Investments, LLC | ER99-2322-001 |
| MEP Pleasant Hill, LLC | ER99-2858-002 |
| MEP Pleasant Hill Operating, LLC | ER01-905-001 |
| Pleasant Hill Marketing, LLC | ER00-1851-001 |
| Adirondack Hydro Development Corporation | ER00-3109-001 |
| Adirondack Hydro Fourth Branch, LLC | ER00-3774-001 |
| Black Hills Colorado, LLC | ER00-1952-001 |
| Black Hills Generation, Inc | ER01-1844-001 |
| Black Hills Pepperell Power Associates, Inc. | ER96-1635-008 |
| Black Hills Power, Inc | ER99-2287-001 |
| Fountain Valley Power, LLC | ER01-1784-004 |
| Harbor Cogeneration Company | ER99-1248-002 |
| ER99-1248-003 | |
| NYSD LP | ER00-3109-001 |
| Sissonville LP | ER00-3109-001 |
| Warrensburg Hydro Power LP | ER00-3109-001 |
| Acadia Power Partners, LLC | ER02-1406-001 |
| Cleco Evangeline, LLC | ER99-2928-001 |
| Cleco Marketing Trading, LLC | ER99-2300-004 |
| Cleco Power, LLC | ER99-3855-002 |
| Perryville Energy Partners, LLC | ER01-1397-002 |
| Delmarva Power Light Company | ER99-2781-002 |
| Crete Energy Venture, LLC | ER02-963-002 |
| The Detroit Edison Company | ER97-324-004 |
| DTE Edison America, Inc | ER98-3026-007 |
| DTE Energy Marketing, Inc | ER99-3368-003 |
| DTE Energy Trading, Inc | ER97-3834-010 |
| DTE Georgetown, LLC | ER00-1746-001 |
| DTE River Rouge No. 1, LLC | ER00-1816-002 |
| Armstrong Limited Energy Partnership, LLP | ER02-24-002 |
| Dominion Energy Marketing, Inc | ER01-468-001 |
| Dominion Nuclear Connecticut, Inc | ER00-3621-002 |
| Dominion Nuclear Marketing I, Inc | ER00-3620-002 |
| Dominion Nuclear Marketing II, Inc | ER00-3619-002 |
| Dominion Nuclear Marketing III, Inc | ER00-3746-003 |
| Dresden Energy, LLC | ER02-22-002 |
| Elwood Energy, LLC | ER99-1695-002 |
| Fairless Energy, LLC | ER02-23-002 |
| Kincaid Generation, LLC | ER99-1432-002 |
| Pleasants Energy, LLC | ER02-26-002 |
| State Line Energy, LLC | ER96-2869-005 |
| Troy Energy, LLC | ER02-25-002 |
| Virginia Electric Power Company | ER00-1737-004 |
| Backbone Windpower Holdings, LLC | ER02-2559-001 |
| Badger Windpower, LLC | ER01-1071-002 |
| Bayswater Peaking Facility, LLC | ER02-669-002 |
| Blythe Energy, LLC | ER02-2018-002 |
| Calhoun Power Company I, LLC | ER01-2074-002 |
| Doswell Limited Partnership | ER90-80-001 |
| ESI Vansycle Partners, L.P | ER98-2494-004 |
| Florida Power Light Company | ER97-3359-005 |
| FPL Energy Cape, LLC | ER00-3068-002 |
| FPL Energy Hancock County Wind, LLC | ER03-34-001 |
| FPL Energy Maine Hydro, Inc | ER98-3511-006 |
| FPL Energy Marcus Hook, L.P | ER02-1903-001 |
| FPL Energy Mason, LLC | ER98-3562-006 |
| FPL Energy MH 50, L.P | ER99-2917-003 |
| FPL Energy New Mexico Wind, LLC | ER03-179-002 |
| FPL Energy Pennsylvania Wind, LLC | ER02-2166-001 |
| FPL Energy Power Marketing, Inc | ER98-3566-009 |
| FPL Energy Rhode Island Energy, L.P | ER02-2120-001 |
| FPL Energy Seabrook, LLC | ER02-1838-001 |
| FPL Energy Vansycle, LLC | ER01-838-002 |
| FPL Energy Wyman, LLC | ER98-3563-006 |
| FPL Energy Wyman IV, LLC | ER98-3564-006 |
| Gray County Wind Energy, LLC | ER01-1972-002 |
| Hawkeye Power Partners, LLC | ER98-2076-005 |
| High Winds, LLC | ER03-155-001 |
| Jamaica Bay Peaking Facility, LLC | ER03-623-002 |
| Lake Benton Power Partners II, LLC | ER98-4222-001 |
| Mill Run Windpower, LLC | ER01-1710-002 |
| Somerset Windpower, LLC | ER01-2139-003 |
| West Texas Wind Energy Partners, LP | ER98-1965-002 |
| Florida Power Corporation | ER97-2846-003 |
| Group V (due within 270 days of the date of this order) | |
| The Cleveland Electric Illuminating Company | ER99-2330-001 |
| FirstEnergy Generation Corp | ER01-845-001 |
| FirstEnergy Solutions Corp | ER01-2968-002 |
| Jersey Central Power Light Company | ER99-2330-001 |
| Metropolitan Edison Company | ER99-2330-001 |
| Ohio Edison Company | ER99-2330-001 |
| Pennsylvania Electric Company | ER99-2330-001 |
| Pennsylvania Power Company | ER99-2330-001 |
| The Toledo Edison Company | ER99-2330-001 |
| Bluegrass Generation Company, LLC | ER02-506-002 |
| Cabrillo Power I LLC | ER99-1115-005 |
| Cabrillo Power II LLC | ER99-1116-005 |
| Calcasieu Power, LLC | ER00-1049-003 |
| Dynegy Danskammer, LLC | ER01-140-002 |
| Dynegy Midwest Generation, Inc | ER00-1895-002 |
| Dynegy Power Marketing, Inc | ER99-4160-003 |
| Dynegy Power Services, Inc | ER94-1612-026 |
| Dynegy Roseton, LLC | ER01-141-002 |
| El Segundo Power, LLC | ER98-1127-005 |
| Foothills Generating, LLC | ER02-554-001 |
| Heard County Power, LLC | ER01-943-002 |
| Illinova Energy Partners, Inc | ER94-1475-021 |
| Long Beach Generation LLC | ER98-1796-004 |
| Nicor Energy, LLC | ER01-1169-002 |
| Renaissance Power, LLC | ER01-3109-002 |
| Riverside Generating Company, LLC | ER01-1044-002 |
| Rockingham Power, LLC | ER99-1567-002 |
| Rocky Road Power, LLC | ER99-2157-002 |
| Rolling Hills Generating, LLC | ER02-553-001 |
| Energy USA-TPC Corp | ER01-1300-003 |
| Northern Indiana Public Service Company | ER00-2173-002 |
| Whiting Clean Energy, Inc | ER00-3219-002 |
| OGE Energy Resources, Inc | ER98-511-002 |
| Oklahoma Gas and Electric Company | ER97-4345-014 |
| Pepco Energy Services, Inc | ER98-3096-008 |
| Potomac Power Resources, LLC | ER01-202-001 |
| Portland General Electric Company | ER98-1643-006 |
| South Carolina Electric Gas Company | ER96-1085-006 |
| Tucson Electric Power Company | ER98-1150-002 |
| Northern States Power Company | ER98-2640-004 |
| Northern States Power Company (Wisconsin) | ER98-2640-004 |
| Public Service Company of Colorado | ER98-4590-002 |
| Southwestern Public Service Company | ER99-1610-008 |
| Xcel Energy Services Inc | ER01-205-004 |
| Group VI (due within 315 days of the date of this order) | |
| Astoria Gas Turbine Power LLC | ER99-3000-001 |
| CPN Pleasant Hill, LLC | ER01-915-002 |
| CPN Pleasant Hill Operating, LLC | ER01-915-002 |
| De Pere Energy LLC | ER97-1432-011 |
| Mobile Energy LLC | ER01-480-003 |
| Elkem Metals Company-Alloy L.P | ER00-2093-001 |
| Fresno Cogeneration Partners, L.P | ER00-2392-001 |
| HQ Energy Services (US) Inc | ER97-851-012 |
| ER97-851-013 | |
| Morgan Stanley Capital Group Inc | ER94-1384-030 |
| MS Retail Development Corp | ER03-1315-001 |
| Power Contract Finance, LLC | ER02-1485-003 |
| Power Contract Financing II, LLC | ER03-1108-002 |
| Power Contract Financing II, Inc | ER03-1109-002 |
| South Eastern Electric Development Corporation | ER99-2329-002 |
| South Eastern Generating Corporation | ER00-1803-001 |
| Louisiana Generating, LLC | ER00-1259-001 |
| NRG Energy Center Dover LLC | ER00-3160-001 |
| NRG Energy Center Paxton LLC | ER00-2313-001 |
| Onondaga Cogeneration Limited Partnership | ER00-895-001 |
| Otter Tail Corporation | ER00-3080-001 |
| Redbud Energy, LP | ER01-1011-002 |
| South Jersey Energy Company | ER97-1397-010 |
| WFEC GENCO, LLC | ER01-388-002 |
| Williams Energy Marketing Trading Company | ER99-1722-004 |
| Williams Flexible Generation, LLC | ER00-2469-001 |
| Williams Generation Company-Hazelton | ER97-4587-004 |
| Williams Power Company, Inc | ER03-1331-003 |
Appendix B
| Duquesne Power, L.P | ER04-268-000 |
| Hartford Steam Company | ER04-582-000 |
| ER04-582-001 | |
| ER04-582-002 | |
| PPL Distributed Generation, LLC | ER04-671-000 |
| Tor Power, Inc | ER04-698-000 |
[FR Doc. 04-11744 Filed 5-24-04; 8:45 am]
BILLING CODE 6717-01-P