[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Notices]
[Page 57565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22947]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL12-101-000]


New York Association of Public Power v. Niagara Mohawk Power 
Corporation; Notice of Complaint

    Take notice that on September 11, 2012, pursuant to Rule 206 of the 
Federal Energy Regulatory Commission's (Commission) Rules of Practice 
and Procedure, 18 CFR 385.206 and section 206 of the Federal Power Act, 
16 U.S.C. 824(e) and 825(e), New York Association of Public Power 
(Complainant) filed a formal complaint against Niagara Mohawk Power 
(Respondent) alleging that, the Respondent's return on common equity 
(ROE) currently reflected in the New York Independent System Operator, 
Inc's (NYISO) Open Access Transmission Tariff (OATT) rate is unjust and 
unreasonable. Complainant request that the Commission: (1) Institute 
paper hearing procedures to investigate the ROE and establish a just 
and reasonable equity return to be reflected in rates for transmission 
service provided over facilities owned by the Respondent under the 
NYISO OATT; (2) establish the earliest possible refund effective date 
(i.e., the date of this Complaint), consistent with Commission policy; 
and (3) direct the Respondent to make refunds reflecting the difference 
between transmission rates reflecting an 11.5 percent ROE and rates 
reflecting a just and reasonable ROE.
    The Complainant certifies that copies of the complaint were served 
on the contacts for the Respondent as listed in 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, 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 email 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please email 
[email protected], or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on October 1, 2012.

    Dated: September 12, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-22947 Filed 9-17-12; 8:45 am]
BILLING CODE 6717-01-P