# Acadia Power Partners, LLC, et al.; Order Implementing New Generation Market Power Analysis and Mitigation Procedures > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A04-11744 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** May 25, 2004 - **Citation:** 69 FR 29708 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A04-11744. Public record. Not legal advice.