E4-2977. Aquila Merchant Services, Inc, Complainant v. Southwest Power Pool, Inc., Respondent; Notice of Complaint

October 27, 2004.

Take notice that on October 26, 2004, Aquila Merchant Services, Inc. (AMS) filed a formal complaint against Southwest Power Pool, Inc. (SPP) pursuant to section 206 of the Federal Power Act, 16 U.S.C. 824e, and Rule 206 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission, alleging that SPP has incorrectly failed to apply the demand charge cap set forth in Schedule 7, section 2 of SPP's Open Access Transmission Tariff (OATT) as required under the terms of the SPP OATT and Order No. 888 with respect to redirected service under section 22.2 of the SPP OATT.

Aquila certifies that copies of the complaint were served on the contacts for SPP as listed on the Commission's list of Corporate Officials.

Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). 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 notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants.

The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.

This filing is accessible on-line at http://www.ferc.gov,, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail [e-mail], or call [phone] (toll free). For TTY, call [phone].

Comment Date: 5 p.m. eastern time on November 17, 2004.

Linda Mitry,

Acting Secretary.