Duke Energy New Smyrna Beach Power Company, Ltd., L.L.P., et al. Electric Rate and Corporate Regulation Filings

Federal RegisterApr 30, 1998

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EG98-65-000, et al.]

Duke Energy New Smyrna Beach Power Company, Ltd., L.L.P., et al.

Electric Rate and Corporate Regulation Filings

April 24, 1998.

Take notice that the following filings have been made with the

Commission:

1. Duke Energy New Smyrna Beach Power Company, Ltd., L.L.P.

[Docket No. EG98-65-000]

On April 22, 1998, Duke Energy New Smyrna Beach Power Company Ltd,

L.L.P. (``Duke New Smyrna''), 422 South Church Street, Legal PB05E,

Charlotte, N.C. 28202-1904, filed with the Federal Energy Regulatory

Commission an application for determination of exempt wholesale

generator status pursuant to Part 365 of the Commission's regulations.

Duke New Smyrna is a wholly owned, indirect affiliate of Duke

Energy Corporation. Duke New Smyrna is developing a power plant

consisting of two combustion turbines and one steam turbine with an

overall combined capacity of approximately 500 MW. Duke Energy New

Smyrna intends to sell capacity and energy from the Facility at

wholesale at rates to be negotiated with purchasers. On April 21, 1998,

Duke New Smyrna filed an application pursuant to Section 205 of the

Federal Power Act for acceptance of its market-based rate schedule.

Comment date: May 15, 1998, in accordance with Standard Paragraph E

at the end of this notice. The Commission will limit its consideration

of comments to those that concern the adequacy or accuracy of the

application.

2. Massachusetts Department of Telecommunications and Energy

[Docket No. EL98-42-000]

Take notice that on April 14, 1998, the Massachusetts Department of

Telecommunications and Energy tendered for filing a Petition for

Declaratory Order in the above-referenced docket.

Comment date: May 21, 1998, in accordance with Standard Paragraph E

at the end of this notice.

3. Denver City Energy Associates, L.P.

[Docket No. ER97-4084-002]

Take notice that on April 21, 1998, Denver City Energy Associates,

L.P. (DCE) tendered for filing a revised Code of Conduct in compliance

with the letter order issued March 23, 1998 in Docket No ER97-4084-001.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

4. New York State Electric & Gas Corporation

[Docket No. ER98-2047-000]

Take notice that on April 10, 1998, New York State Electric & Gas

Corporation tendered for filing a Notice of Withdrawal in the above

referenced docket.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

5. Rochester Gas and Electric Company

[Docket No. ER98-2561-000]

Take notice that on April 16, 1998, Rochester Gas and Electric

Company tendered for filing its quarterly report of transactions for

the period January 1, 1998 to March 31, 1998.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

6. Commonwealth Electric Company Cambridge Electric Light Company

[Docket No. ER98-2563-000]

Take notice that on April 16, 1998, Commonwealth Electric Company

(Commonwealth) and Cambridge Electric Light Company (Cambridge),

collectively referred to as the ``Companies,'' tendered for filing with

the Federal Energy Regulatory Commission their quarterly reports under

Commonwealth's Market-Based Power Sales Tariff (FERC Electric Tariff

Original Volume No. 7) and Cambridge's Market-Based Power Sales Tariff

(FERC Electric Tariff Original Volume No. 9) for the period of January

1, 1998 to March 31, 1998.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

7. PJM Interconnection, L.L.C.

[Docket No. ER98-2574-000]

Take notice that on April 17, 1998, PJM Interconnection, L.L.C.

(PJM) tendered for filing signature pages (in some instances executed

and in other instances unexecuted) of Load Serving entities required to

the parties to the Reliability Assurance Agreement among Load Serving

Entities in the PJM Control Area (RAA).

PJM requests a waiver of the Commission's notice requirements to

permit an effective date of January 1, 1998 for the addition of the

parties to the RAA, consistent with the effective date of the RAA.

PJM states that it served a copy of its filing on all parties to

the RAA, including each of the parties for which a signature page is

being tendered with this filing, and each of the state regulatory

commissions within the PJM Control Area.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

8. PJM Interconnection, L.L.C.

[Docket No. ER98-2578-000]

Take notice that on April 17, 1998, PJM Interconnection, L.L.C.

(PJM), tendered for filing two executed service agreements with

Cargill-Alliant, L.L.C. for point-to-point service under the PJM Open

Access Transmission Tariff.

Copies of this filing were served upon Cargill-Alliant, L.L.C.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

[[Page 23774]]

9. Project Owner, Powerhouse Systems, Inc.

[Docket No. ER98-2611-000]

Take notice that on April 20, 1998, Powerhouse Systems, Inc. filed

a conditional tariff filing in compliance with the Commission's order

of February 11, 1998, in Connecticut Valley Electric, Inc. v.

Wheelabrator Claremont Company, L.P., et al., Docket No. EL94-10-000,

et al.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

10. Wisconsin Electric Power Company

[Docket No. ER98-2616-000]

Take notice that on April 21, 1998, Wisconsin Electric Power

Company (Wisconsin Electric) tendered for filing an electric service

agreement under its Market Rate Sales Tariff (FERC Electric Tariff,

Original Volume No. 8) with Merchant Energy Group of the Americas, Inc.

(MEGA). Wisconsin Electric respectfully requests an effective date of

May 15, 1998, to allow for economic transactions.

Copies of the filing have been served on MEGA, the Michigan Public

Service Commission, and the Public Service Commission of Wisconsin.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

11. Wisconsin Electric Power Company

[Docket No. ER98-2617-000]

Take notice that on April 21, 1998, Wisconsin Electric Power

Company (Wisconsin Electric) tendered for filing an electric service

agreement under its Market Rate Sales Tariff (FERC Electric Tariff,

Original Volume No. 8) with Northern/AES Energy, LLC (Northern).

Wisconsin Electric respectfully requests an effective date of April 24,

1998 to allow for economic transactions.

Copies of the filing have been served on Northern, the Michigan

Public Service Commission, and the Public Service Commission of

Wisconsin.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

12. Nautilus Energy Company, LLC

[Docket No. ER98-2618-000]

Take notice that on April 21, 1998, Nautilus Energy Company, LLC

(Nautilus) petitioned the Commission for acceptance of Nautilus Rate

Schedule FERC No. 1; the granting of certain blanket approvals,

including the authority to sell electricity at market-based rates; and

the waiver of certain Commission regulations.

Nautilus intends to engage in wholesale electric power and energy

purchases and sales as a marketer. Nautilus is not in the business of

generating or transmitting electric power.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

13. Otter Lane Hydro LLC

[Docket No. ER98-2619-000]

Take notice that on April 21, 1998, Otter Lane Hydro LLC filed a

conditional tariff filing in compliance with the Commission's order of

February 11, 1998, in Connecticut Valley Electric Company Inc. v.

Wheelabrator Claremont Company, L.P., et al., Docket No. EL94-10-000,

et al., 82 FERC 61,116 (1998).

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

14. Ohio Power Company

[Docket No. ER98-2620-000]

Take notice that on April 21, 1998, Ohio Power Company (OPC)

tendered for filing a Letter Agreement dated February 26, 1998, between

OPC, Buckeye Power, Inc. (Buckeye) and Hancock-Wood Electric

Cooperative, Inc. (HWEC). HWEC is an Ohio electricity cooperative and a

member of Buckeye Power, Inc.

HWEC has requested OPC provide a delivery point, pursuant to

provisions of the Power Delivery Agreement between OPC, Buckeye, The

Cincinnati Gas & Electric Company, The Dayton Power and Light Company,

Monongahela Power Company, Columbus Southern Power Company and Toledo

Edition Company, dated January 1, 1968. OPC requests an effective date

of August 7, 1998, for the tendered agreements.

OPC states that copies of its filing were served upon Hancock-Wood

Electric Cooperative, Inc., Buckeye Power, Inc. and the Public

Utilities Commission of Ohio.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

15. Rochester Gas and Electric Corporation

[Docket No. ER98-2621-000]

Take notice that on April 21, 1998, Rochester Gas and Electric

Corporation (RG&E) filed a Service Agreement between RG&E and NEV East,

LLC (Customer). This Service Agreement specifies that the Customer has

agreed to the rates, terms and conditions of the RG&E open access

transmission tariff filed on July 9, 1996 in Docket No. OA96-141-000.

RG&E requests waiver of the Commission's sixty (60) day notice

requirements and an effective date of April 1, 1998 for the NEV East,

LLC Service Agreement. RG&E has served copies of the filing on the New

York State Public Service Commission and on the Customer.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

16. Duke Energy New Smyrna Beach Power Company Ltd., L.L.P.

[Docket No. ER98-2624-000]

Take notice that on April 21, 1998, Duke Energy New Smyrna Beach

Power Company Ltd., L.L.P. (Duke New Smyrna) tendered for filing

pursuant to Rule 205, 18 CFR Sec. 385.205, an application for an order

accepting its rates for filing, determining rates to be just and

reasonable, and granting certain waivers and preapprovals.

Duke New Smyrna is developing an approximately 500 MW generation

facility in New Smyrna Beach, Florida. Duke New Smyrna proposes to sell

the facility's energy and capacity at market-based rates in the

peninsular Florida market. Duke New Smyrna also seeks authority to

sell, assign, or transfer transmission rights that it may acquire in

the course of its power marketing activities.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

17. Idaho Power Company

[Docket No. ER98-2625-000]

Take notice that on April 21, 1998, Idaho Power Company (IPC)

tendered for filing Service Agreements under Idaho Power Company FERC

Electric Tariff No. 6, Market Rate Power Sales Tariff, between Idaho

Power Company and Tucson Electric Power.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

18. West Texas Utilities Company

[Docket No. ER98-2627-000]

Take notice that on April 21, 1998, West Texas Utilities Company

(WTU) submitted for filing Facilities Schedule A-4 to the

Interconnection and Power Interchange Agreement between WTU and Brazos

Electric Power Cooperative, Inc. (Brazos), dated December 12, 1996.

Facilities Schedule A-4 provides for an interconnection point between

WTU and Brazos to permit WTU to serve the City of Hearne, Texas

(Hearne).

WTU requests an effective date of April 16, 1998. Accordingly, WTU

requests waiver of the Commission's

[[Page 23775]]

notice requirements. A copy of this filing has been served on Brazos,

Hearne, and the Public Utility Commission of Texas.

A copy of the filing has been provided to the Minnesota Public

Utilities Commission and the Minnesota Department of Public Service.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

19. Minnesota Power & Light Company

[Docket No. ER98-2628-000]

Take notice that on April 21, 1998, Minnesota Power & Light Company

(Minnesota Power) submitted for filing a transmission service agreement

with its merchant operations arm, MPEX, for the provision of firm

point-to-point transmission service for MPEX. Minnesota Power requests

Commission approval on or before May 28, 1998.

A copy of the filing has been provided to the Minnesota Public

Utilities Commission and the Minnesota Department of Public Service.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

20. Minnesota Power & Light Company

[Docket No. ER98-2629-000]

Take notice that on April 21, 1998, Minnesota Power & Light Company

(Minnesota Power) submitted for filing a service agreement under

Minnesota Power's Wholesale Coordination Service tariff WCS-1 by which

Minnesota Power's merchant operations arm, MPEX, will deliver power and

energy on behalf of Minnkota Power Cooperative, Inc. (Minnkota) using

transmission service obtained by MPEX under Minnesota Power's open

access transmission tariff. Minnesota Power requests Commission

approval on or before May 28, 1998.

A copy of the filing has been provided to the Minnesota Public

Utilities Commission and the Minnesota Department of Public Service.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

21. Niagara Mohawk Power Corporation

[Docket No. ER98-2641-000]

Take notice that on April 21, 1998, Niagara Mohawk Power

Corporation (NMPC) tendered for filing an executed Transmission Service

Agreement between NMPC and Aquila Power Corporation. The Transmission

Service Agreement specifies that Aquila Power Corporation has signed on

to and has agreed to the terms and conditions of NMPC's Open Access

Transmission Tariff as filed in Docket No. OA96-194-000. The Tariff,

filed with FERC on July 9, 1996, will allow NMPC and Aquila Power

Corporation to enter into separately scheduled transactions under which

NMPC will provide transmission service for Aquila Power Corporation as

the parties may mutually agree.

NMPC requests an effective date of April 9, 1998. NMPC has

requested waiver of the notice requirements for good cause shown.

NMPC has served copies of the filing upon the New York State Public

Service Commission and Aquila Power Corporation.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

22. Niagara Mohawk Power Corporation

[Docket No. ER98-2642-000]

Take notice that on April 21, 1998, Niagara Mohawk Power

Corporation (NMPC) tendered for filing an executed Transmission Service

Agreement between NMPC and Aquila Power Corporation. The Transmission

Service Agreement specifies that Aquila Power Corporation has signed on

to and has agreed to the terms and conditions of NMPC's Open Access

Transmission Tariff as filed in Docket No. OA96-194-000. The Tariff,

filed on July 9, 1996, will allow NMPC and Aquila Power Corporation to

enter into separately scheduled transactions under which NMPC will

provide transmission service for Aquila Power Corporation as the

parties may mutually agree.

NMPC requests an effective date of April 9, 1998. NMPC has

requested waiver of the notice requirements for good cause shown.

NMPC has served copies of the filing upon the New York State Public

Service Commission and Aquila Power Corporation.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

23. AES Redondo Beach, L.L.C.

[Docket No. ER98-2646-000]

On April 21, 1998, AES Redondo Beach, L.L.C. (AES Redondo Beach), a

subsidiary of The AES Corporation, unilaterally tendered for filing

pursuant to Section 205 of the Federal Power Act, 16 U.S.C. Sec. 824d,

and Rule 205, 18 CFR 285.205, an unexecuted Participating Generator

Agreement (Agreement) with the California Independent System Operator

Corporation (ISO).

AES Redondo Beach states that the tendered Agreement is materially

identical to the Participating Generator Agreements that the Commission

accepted for filing, suspended for a nominal period, and set for

hearing on March 30, 1998, in Docket No. ER98-1910-000, et al. It

requests that the Commission accept the Agreement for filing, grant

waiver of notice so that the Agreement may take effect on the date that

AES Redondo Beach acquires a generating facility, and set the Agreement

for hearing. AES Redondo Beach states that a copy of its filing has

been served on the ISO.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

24. AES Alamitos, L.L.C.

[Docket No. ER98-2647-000]

On April 21, 1998, AES Alamitos, L.L.C. (AES Alamitos), a

subsidiary of The AES Corporation, tendered for filing pursuant to

Section 205 of the Federal Power Act, 16 U.S.C. Sec. 824d, and Rule

205, 18 CFR 285.205, an unexecuted Meter Service Agreement (Agreement)

with the California Independent System Operator Corporation (ISO).

AES Alamitos states that the tendered Agreement is materially

identical to the Meter Service Agreements that the Commission accepted

for filing, suspended for a nominal period, and set for hearing on

March 30, 1998, in Docket No. ER98-1842-000, et al. It requests that

the Commission accept the Agreement for filing, to be effective on the

date that AES Alamitos acquires a generating facility, and set the

Agreement for hearing. AES Alamitos states that a copy of its filing

has been served on the ISO.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

25. AES Huntington Beach, L.L.C.

[Docket No. ER98-2648-000]

On April 21, 1998, AES Huntington Beach, L.L.C. (AES Huntington

Beach), a subsidiary of The AES Corporation, tendered for filing

pursuant to Section 205 of the Federal Power Act, 16 U.S.C. Sec. 824d,

and Rule 205, 18 CFR 285.205, an unexecuted Meter Service Agreement

(Agreement) with the California Independent System Operator Corporation

(ISO).

AES Huntington Beach states that the tendered Agreement is

materially identical to the Meter Service Agreements that the

Commission accepted for filing, suspended for a nominal period, and set

for hearing on March 30, 1998, in Docket No. ER98-1842-000, et al. It

requests that the

[[Page 23776]]

Commission accept the Agreement for filing, to be effective on the date

that AES Huntington Beach acquires a generating facility, and set the

Agreement for hearing. AES Huntington Beach states that a copy of its

filing has been served on the ISO.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

26. AES Huntington Beach, L.L.C.

[Docket No. ER98-2649-000]

Take notice that on April 21, 1998, AES Huntington Beach, L.L.C.

(AES Huntington Beach), a limited liability subsidiary of The AES

Corporation, unilaterally tendered for filing pursuant to Section 205

of the Federal Power Act, 16 U.S.C. Sec. 824d, and Rule 205, 18 CFR

285.205, an unexecuted Participating Generator Agreement (Agreement)

with the California Independent System Operator Corporation (ISO).

AES Huntington Beach states that the tendered Agreement is

materially identical to the Participating Agreements that the

Commission accepted for filing, suspended for a nominal period, and set

for hearing on March 30, 1998, in Docket No. ER98-1910-000, et al. It

requests that the Commission accept the Agreement for filing, grant

waiver of notice so that the Agreement may take effect on the date that

AES Huntington Beach acquires a generating facility, and set the

Agreement for hearing. AES Huntington Beach states that a copy of its

filing has been served on the ISO.

Comment date: May 11, 1998, in accordance with Standard Paragraph E

at the end of this notice.

27. AES Redondo Beach, L.L.C.

[Docket No. ER98-2650-000]