[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Notices]
[Pages 58717-58719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29228]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. ER98-2791-000, et al.]
Arizona Public Service Company, et al.; Electric Rate and
Corporate Regulation Filings
October 26, 1998.
Take notice that the following filings have been made with the
Commission:
1. Arizona Public Service Company
[Docket No. ER98-2791-001]
Take notice that on October 21, 1998, Arizona Public Service
Company (APS), tendered for filing a revised unexecuted service
agreement for sales made through the California Power Exchange
Corporation (PX), under the market based tariff of APS, in compliance
to the Commission's Order issued on June 25, 1998, in Docket No. ER98-
2791-000.
Copies of this filing have been served on the Arizona Corporation
Commission, the, PX and APS' Merchant Group.
Comment date: November 10, 1998, in accordance with Standard
Paragraph E at the end of this notice.
2. The Potomac Edison Company, West Penn Power Company, Monongahela
Power Company, Cleveland Electric Illuminating Company, Toledo
Edison Company, Ohio Edison Company, Pennsylvania Power Company,
Alabama Power Company, Georgia Power Company, Gulf Power Company,
Mississippi Power Company and Savannah Electric & Power Company v.
Virginia Electric & Power Company
[Docket No. EL99-5-000]
Take notice that on October 20, 1998, The Potomac Edison Company,
West Penn Power Company, Monongahela Power Company, Alabama Power
Company, Georgia Power Company, Gulf Power Company, Mississippi Power
Company, Savannah Electric & Power Company, The Cleveland Electric
Illuminating Company, The Toledo Edison Company, Ohio Edison Company,
and Pennsylvania Power Company, tendered for filing a Complaint against
Virginia Electric and Power Company arising out of a dispute under the
GAPP Experiment Participation Agreement and the Commission's Order
Accepting For Filing GAPP Experiment Participation Agreement dated
March 25, 1997 (78 FERC para. 61, 314).
Comment date: November 25, 1998, in accordance with Standard
Paragraph E at the end of this notice. Answers to the Complaint are
also due on or before November 25, 1998.
3. Braintree Electric Light Department v. Boston Edison Company
[Docket No. EL99-7-000]
Take notice that on October 22, 1998, Braintree Electric Light
Department tendered for filing with the Federal Energy Regulatory
Commission a Petition for Declaratory Order Disclaiming Primary
Jurisdiction pursuant to Section 207 of the Commission's Rules of
Practice and Procedure (18 CFR 385.207): (1) disclaiming primary
jurisdiction over breach of contract, and contract amendment and
termination issues, raised in Braintree's complaint in the
Massachusetts Superior Court for Norfolk County (Case No. 98-01882--
Braintree Electric Light Department v. Boston Edison Company); and (2)
determining that the Massachusetts state court is the appropriate forum
for resolving the contract dispute raised before the Commission by
Boston
[[Page 58718]]
Edison Company (BECO) in Docket No. ER99-35-000.
Braintree requests the Commission decline primary jurisdiction over
a contractual dispute implicated in both Braintree's civil complaint in
Massachusetts Superior Court for Norfolk County for breach of contract,
rescission and termination without liability of the Contract Demand
Agreement between Braintree and BECO, and BECO's filing of
contractually barred unilateral amendments to the Agreement in Docket
No. ER99-35-000. Commission precedent requires disclaimer of primary
jurisdiction over this dispute because (1) the Commission possesses no
special expertise to resolve this contractual dispute, (2) there is no
need for uniformity in the interpretation of this Contract, and (3) the
issues raised in this case are distant in relation to the regulatory
responsibilities of the Commission.
Comment date: November 25, 1998, in accordance with Standard
Paragraph E at the end of this notice. Answers to the Complaint are
also due on or before November 25, 1998.
4. Reading Municipal Light Department v. Boston Edison Company
[Docket No. EL99-8-000]
Take notice that on October 22, 1998, Reading Electric Light
Department tendered for filing with the Federal Energy Regulatory
Commission a Petition for Declaratory Order Disclaiming Primary
Jurisdiction pursuant to Section 206 of the Federal Power Act and
Section 207 of the Commission's Rules of Practice and Procedure (18 CFR
385.207): (1) disclaiming primary jurisdiction over breach of contract,
and contract amendment and termination issues, raised in Reading's
complaint in the Massachusetts Superior Court for Middlesex County
(Case No. 98-5245F--Reading Municipal Light Department v. Boston Edison
Company); and (2) determining that the Massachusetts state court is the
appropriate forum for resolving the contract dispute raised before the
Commission by Boston Edison Company (BECO) in Docket No. ER99-35-000.
Reading requests that the Commission decline primary jurisdiction
over a contractual dispute implicated in both Reading's civil complaint
in Massachusetts Superior Court for Middlesex County for breach of
contract, rescission and termination without liability of the Contract
Demand Agreement between Reading and BECO, and BECO's filing of
contractually barred unilateral amendments to the agreement in Docket
No. ER99-35-000. Commission precedent requires disclaimer of primary
jurisdiction over this dispute because (1) the Commission possesses no
special expertise to resolve this contractual dispute, (2) there is no
need for uniformity in the interpretation of this Contract, and (3) the
issues raised in this case are distant in relation to the regulatory
responsibilities of the Commission.
Comment date: November 25, 1998, in accordance with Standard
Paragraph E at the end of this notice. Answers to the Complaint are
also due on or before November 25, 1998.
5. Carolina Power & Light Company
[Docket No. ER99-258-000]
Take notice that on October 21, 1998, Carolina Power & Light
Company (CP&L), tendered for filing a Service Agreement for Short-Term
Firm Point-to-Point Transmission Service with Consumers Energy Company
and The Detroit Edison Company (collectively the Michigan Companies).
Service to this Eligible Customer will be in accordance with the terms
and conditions of Carolina Power & Light Company's Open Access
Transmission Tariff.
CP&L is requesting an effective date of September 28, 1998, for
this Service Agreement.
Copies of the filing were served upon the North Carolina Utilities
Commission and the South Carolina Public Service Commission.
Comment date: November 10, 1998, in accordance with Standard
Paragraph E at the end of this notice.
6. PP&L, Inc.
[Docket No. ER99-259-000]
Take notice that on October 21, 1998, PP&L, Inc. (PP&L), tendered
for filing a Service Agreement dated September 30, 1998, with
Constellation Power Source, Inc. (Constellation), under PP&L's Market-
Based Rate and Resale of Transmission Rights Tariff, FERC Electric
Tariff, Volume No. 5. The Service Agreement adds Constellation as an
eligible customer under the Tariff.
PP&L requests an effective date of October 21, 1998, for the
Service Agreement.
PP&L states that copies of this filing have been supplied to
Constellation and to the Pennsylvania Public Utility Commission.
Comment date: November 10, 1998, in accordance with Standard
Paragraph E at the end of this notice.
7. Central Maine Power Company
[Docket No. ER99-260-000]
Take notice that on October 21, 1998, Central Maine Power Company
(CMP), tendered for filing an executed service agreement for sale of
capacity and/or energy entered into with TransCanada Power Marketing
Ltd. Service will be provided pursuant to CMP's Wholesale Market
Tariff, designated rate schedule CMP--FERC Electric Tariff, Original
Volume No. 4.
CMP respectfully requests that the Commission accept the Service
Agreement for filing and requests waiver of the Commission's notice
requirements to permit service under the Agreement to become effective
as of October 20, 1998.
Comment date: November 10, 1998, in accordance with Standard
Paragraph E at the end of this notice.
8. Central Maine Power Company
[Docket No. ER99-261-000]
Take notice that on October 21, 1998, Central Maine Power Company
(CMP), tendered for filing an executed service agreement for sale of
capacity and/or energy entered into with Northeast Utilities Service
Company (NUSCO). Service will be provided pursuant to CMP's Wholesale
Market Tariff, designated rate schedule CMP--FERC Electric Tariff,
Original Volume No. 4.
CMP respectfully requests that the Commission accept the Service
Agreement for filing and requests waiver of the Commission's notice
requirements to permit service under the Agreement to become effective
as of October 20, 1998.
Comment date: November 10, 1998, in accordance with Standard
Paragraph E at the end of this notice.
9. Maine Electric Power Company
[Docket No. ER99-262-000]
Take notice that on October 21, 1998, Maine Electric Power Co.
(MEPCO), tendered for filing pursuant to Part 35 of the Federal Energy
Regulatory Commission's Rules of Practice and Procedure, 18 CFR 35, a
Letter Agreement amending the term of two service agreements entered
into with Bangor Hydro-Electric Company (BHE), one dated July 9, 1996,
and the other dated July 24, 1996 (each as originally accepted for
filing in Docket No. ER96-2634-000 and extended under ER98-22-000),
under which MEPCO is providing Firm Point-to-Point Transmission Service
in accordance with the MEPCO Open Access Transmission Tariff (the
Tariff). The Letter Agreement extends the term of
[[Page 58719]]
the Service Agreements to February 29, 2000.
MEPCO respectfully requests that the Commission accept the Letter
Agreement for filing and establish an effective date of no later than
October 31, 1998. MEPCO requests waiver of the Commission's notice
requirements.
Comment date: November 10, 1998, in accordance with Standard
Paragraph E at the end of this notice.
10. Maine Electric Power Company
[Docket No. ER99-263-000]
Take notice that on October 21, 1998, Maine Electric Power Company
(MEPCO), tendered for filing a service agreement for Non-Firm Point-to-
Point Transmission Service entered into with TransCanada Power
Marketing, Ltd. Service will be provided pursuant to MEPCO's Open
Access Transmission Tariff, designated rate schedule MEPCO--FERC
Electric Tariff, Original Volume No. 1, as supplemented.
MEPCO respectfully requests that the Commission accept this Service
Agreement for filing and requests waiver of the Commission's notice
requirements to permit service under the agreement to become effective
as of October 20, 1998.
Comment date: November 10, 1998, in accordance with Standard
Paragraph E at the end of this notice.
11. Niagara Mohawk Power Corporation
[Docket No. OA96-194-005]
Take notice that on October 23, 1998, Niagara Mohawk Power
Corporation (Niagara Mohawk) tendered for filing its compliance report
pursuant to the Commission's order issued October 14, 1998. Copies of
the filing have been served by Niagara Mohawk upon the other parties to
the above-captioned proceeding.
Comment date: November 25, 1998, in accordance with Standard
Paragraph E at the end of this notice.
12. New England Power Company
[Docket Nos. OA97-237-004 and ER97-1327-001]
Take notice that on October 20, 1998, New England Power Company,
tendered for filing its refund compliance report associated with
refunds made directly to customers from revenue received by New England
Power Company for Excepted Transactions under the NEPOOL Tariff.
Comment date: November 25, 1998, in accordance with Standard
Paragraph E at the end of this notice.
Standard Paragraphs
E. Any person desiring to be heard or to protest said filing should
file a motion to intervene or protest with the Federal Energy
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426,
in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such
motions or protests should be filed on or before the comment date.
Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a motion to intervene. Copies of these filings are on file with
the Commission and are available for public inspection.
David P. Boergers,
Secretary.
[FR Doc. 98-29228 Filed 10-30-98; 8:45 am]
BILLING CODE 6717-01-P
