Acadia Power Partners, LLC, et al.; Order Implementing New Generation Market Power Analysis and Mitigation Procedures

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,

1

the 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.

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.

2

In 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.

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

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

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.

5

The revised filings will be treated as amendments to the pending filings, and all pleadings on the pending filings will remain in the record.

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.

6

For 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,

7

as clarified in LG&E 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

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

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

PG&E Dispersed Generating Company, LLC

ER00-2134-001

PG&E 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

LG&E 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