Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices 40181 

1Revised Public Utility Filing Requirements, 

Order No. 2001, FERC Stats. & Regs. ¶ 31,127, reh’g 

denied, Order No. 2001–A, 100 FERC ¶ 61,074, 

reconsideration and clarification denied, Order No. 

2001–B, 100 FERC ¶ 61,342, order directing filings, 

Order No. 2001–C, 101 FERC ¶ 61,314 (2002) order 

directing filings, Order No. 2001–D, 102 FERC ¶ 

61,334 (2003). 

2Order No. 2001 at P 222. 

3 Id. P 223. 

4See, e.g., Electric Quarterly Reports, 73 FR 

31,460 (June 2, 2008), Notice of Revocation of 

Market-Based Rate Tariff; Electric Quarterly 

Reports, 115 FERC ¶ 61,073 (2006), Electric 

Quarterly Reports, 114 FERC ¶ 61,171 (2006). 

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. Such notices, motions, or 

protests must be filed on or before the 

comment date. Anyone filing a motion 

to intervene or protest must serve a copy 

of that document on the Applicant and 

all the parties in this proceeding. 

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 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: 5 p.m. Eastern Time 

on August 21, 2009. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E9–19128 Filed 8–10–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ES09–31–001] 

Entergy Texas, Inc.; Notice of Filing 

August 4, 2009. 

Take notice that on July 28, 2009, 

Entergy Texas, Inc. filed a supplement 

providing additional explanation to its 

April 30, 2009 application. 

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, 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. Such notices, motions, or 

protests must be filed on or before the 

comment date. Anyone filing a motion 

to intervene or protest must serve a copy 

of that document on the Applicant and 

all the parties in this proceeding. 

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 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: 5 p.m. Eastern Time 

on August 7, 2009. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E9–19130 Filed 8–10–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER02–2001–013, Docket No. 

ER08–19–000, Docket No. ER04–197–000, 

Docket No. ER06–792–000, Docket No. 

ER04–848–000, Docket No. ER00–167–000, 

Docket No. ER06–298–000] 

Electric Quarterly Reports, Energy 

Algorithms, LLC, Forest Energy 

Partners, LLC, Norge Power Marketing 

Corporation, Ohms Energy Company, 

LLC, Strategic Energy Management 

Corp., The Energy Group of America 

Inc.; Order on Intent To Revoke 

Market-Based Rate Authority 

Issued August 5, 2009. 

Before Commissioners: Jon Wellinghoff, 

Chairman; Suedeen G. Kelly, Marc Spitzer, 

and Philip D. Moeller. 

1. Section 205 of the Federal Power 

Act (FPA), 16 U.S.C. 824d (2006), and 

18 CFR Part 35 (2009), require, among 

other things, that all rates, terms, and 

conditions of jurisdictional services be 

filed with the Commission. In Order No. 

2001, the Commission revised its public 

utility filing requirements and 

established a requirement for public 

utilities, including power marketers, to 

file Electric Quarterly Reports 

summarizing the contractual terms and 

conditions in their agreements for all 

jurisdictional services (including 

market-based power sales, cost-based 

power sales, and transmission service) 

and providing transaction information 

(including rates) for short-term and 

long-term power sales during the most 

recent calendar quarter.1

2. Commission staff’s review of the 

Electric Quarterly Report submittals 

indicates that six utilities with authority 

to sell electric power at market-based 

rates have failed to file their Electric 

Quarterly Reports. This order notifies 

these public utilities that their marketbased rate authorizations will be 

revoked unless they comply with the 

Commission’s requirements within 15 

days of the date of issuance of this 

order. 

3. In Order No. 2001, the Commission 

stated that, 

[i]f a public utility fails to file a[n] Electric 

Quarterly Report (without an appropriate 

request for extension), or fails to report an 

agreement in a report, that public utility may 

forfeit its market-based rate authority and 

may be required to file a new application for 

market-based rate authority if it wishes to 

resume making sales at market-based rates.2

4. The Commission further stated that, 

[o]nce this rule becomes effective, the 

requirement to comply with this rule will 

supersede the conditions in public utilities’ 

market-based rate authorizations, and failure 

to comply with the requirements of this rule 

will subject public utilities to the same 

consequences they would face for not 

satisfying the conditions in their rate 

authorizations, including possible revocation 

of their authority to make wholesale power 

sales at market-based rates.3

5. Pursuant to these requirements, the 

Commission has revoked the marketbased rate tariffs of several market-based 

rate sellers that failed to submit their 

Electric Quarterly Reports.4

6. As noted above, Commission staff’s 

review of the Electric Quarterly Report 

submittals identified six public utilities 

with authority to sell power at marketbased rates that failed to file Electric 


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