[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Notices]
[Pages 54129-54132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27002]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. EL98-78-000, et al.]


Public Service Company of New Mexico, et al.; Electric Rate and 
Corporate Regulation Filings

October 1, 1998
    Take notice that the following filings have been made with the 
Commission:

1. Public Service Company of New Mexico

[Docket No. EL98-78-000]

    Take notice that on September 25, 1998, Public Service Company of 
New Mexico (PNM) submitted for filing a Petition for Declaratory Order 
and Expedited Action. The petition requests that the Federal Energy 
Regulatory Commission declare that it has exclusive jurisdiction over 
certain issues addressed by the New Mexico Public Utility Commission 
(NMPUC) in Case No. 2812. In particular, PNM requests that the Federal 
Energy Regulatory Commission find that: (1) the authority to order 
wholesale wheeling, including the type ordered by the NMPUC, is subject 
to the Commission's exclusive jurisdiction; (2) the authority to order 
interconnection, including the type ordered by the NMPUC, is subject to 
the Commission's exclusive jurisdiction; (3) the NMPUC order is 
procedurally and substantively inconsistent with federal law and 
requirements; (4) if the contract for wholesale electric services 
between PNM and the City of Gallup at issue in the NMPUC proceedings is 
subject to concurrent (rather than exclusive) Commission jurisdiction 
and interpretation with respect to the issues raised, the Commission 
should exercise its authority on the facts presented; and (5) the 
contract between PNM and the City of Gallup at issue in the NMPUC 
proceedings does not require PNM to deliver power to PNM's Yah-Ta-Hey 
substation. PNM requests an expedited decision on its petition.
    Comment date: November 2, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

2. Central Power and Light Company

[Docket No. ER95-1141-001]

    Take notice that on September 28, 1998, Central Power and Light 
Company (CPL), submitted for filing selected revised pages of a 
Transmission Service Agreement (TSA), between CPL and Rio Grande 
Electric Cooperative, Inc. (Rio Grande), filed July 1, 1996 in this 
docket in compliance with the Commission's ``Order Accepting in Part 
and Rejecting in Part Transmission Agreement and Declining to Rule on 
Termination Fee Issue'' (Order), issued May 30, 1996. CPL and Rio 
Grande have settled a number of issues in dispute between them at the 
Commission and in the Texas courts. As part of the settlement, CPL and 
Rio Grande agreed to withdraw all pending pleadings and requests for 
rehearing and CPL agreed to make a revised compliance filing in this 
docket.
    Copies of this filing were served upon Rio Grande and the Public 
Utility Commission of Texas.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

[[Page 54130]]

3. Advantage Energy, Inc., Strategic Energy Ltd., Tri-Valley 
Corporation, and Stand Energy Corporation

[Docket Nos. ER97-2758-003, ER96-3107-006, ER97-3428-004, and ER95-362-
014]

    Take notice that the following informational filings have been made 
with the Commission and are available for public inspection and copying 
in the Commission's Public Reference Room:
    On September 25, 1998, Advantage Energy, Inc. filed certain 
information as required by the Commission's July 14, 1997 order in 
Docket No. ER97-2758-000.
    On September 28, 1998, Strategic Energy Ltd. filed certain 
information as required by the Commission's November 13, 1996 order in 
Docket No. ER96-3107-000.
    On September 28, 1998, Tri-Valley Corporation filed certain 
information as required by the Commission's August 6, 1997 order in 
Docket No. ER97-3428-000.
    On September 30, 1998, Stand Energy Corporation filed certain 
information as required by the Commission's February 24, 1995 order in 
Docket No. ER95-362-012.

4. California Independent System Power Corporation

[Docket Nos. ER98-3760-001]

    Take notice that on September 28, 1998, the California Independent 
System Operator Corporation (ISO), tendered for filing a compliance 
filing in the above-referenced docket which includes a revision to the 
ISO Tariff. The ISO states that this filing was submitted to comply 
with the Commission's September 11, 1998, Order in this docket, 84 FERC 
para. 61,217 (1998).
    The ISO states that this filing has been served on all parties 
listed on the official service list in the above-referenced docket.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

5. Niagara Mohawk Power Corporation

[Docket No. ER98-4195-000]

    Take notice that on September 28, 1998, Niagara Mohawk Power 
Corporation (NMPC) tendered for filing with the Federal Energy 
Regulatory Commission an amended Transmission Service Agreement between 
NMPC and Allegheny Electric Cooperative, Inc. (Allegheny). This 
Transmission Service Agreement specifies that Allegheny 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.
    NMPC has served copies of the filing upon the New York State Public 
Service Commission, the New York Power Authority and Allegheny.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

6. Niagara Mohawk Power Corporation

[Docket No. ER98-4269-000]

    Take notice that on September 28, 1998, Niagara Mohawk Power 
Corporation (NMPC) tendered for filing with the Federal Energy 
Regulatory Commission an amended Transmission Service Agreement between 
NMPC and American Municipal Power--Ohio, Inc. (Amp-Ohio). This 
Transmission Service Agreement specifies that Amp-Ohio 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.
    NMPC has served copies of the filing upon the New York State Public 
Service Commission, the New York Power Authority and Amp-Ohio.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

7. Kansas City Power & Light Company

[Docket No. ER98-4303-000]

    Take notice that on September 28, 1998, Kansas City Power & Light 
Company (KCPL), tendered for filing ten revised Specifications for Firm 
Point-to-Point Transmission Service which identify the POD and POR for 
the transactions.
    In its filing, KCPL stated that the rates included in the above-
mentioned Service Agreement are KCPL's rates and charges in the 
compliance filing to FERC Order No. 888-A in Docket No. OA97-636-000.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

8. Northeast Utilities Service Company

[Docket No. ER98-4535-000]

    Take notice that on September 28, 1998, Northeast Utilities Service 
Company (NUSCO), tendered for filing a Non-Firm Point-to-Point 
Transmission Service Agreement between NUSCO and Griffin Energy 
Marketing, L.L.C. On September 11, 1998, Northeast Utilities (NUSCO), 
filed with FERC two Service Agreements between NUSCO and Griffin Energy 
Marketing, L.L.C., for Non-Firm Point-To-Point Transmission Service and 
Firm Point-To-Point Transmission Service under the NU System Companies' 
Open Access Transmission Tariff No. 9.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

9. Public Service Company of New Mexico

[Docket No. ER98-4662-000]

    Take notice that on September 28, Public Service Company of New 
Mexico, tendered for filing executed service agreements for point-to-
point transmission service under its Open Access transmission Service 
Tariff, with American Electric Power Service Corporation (2 agreements, 
dated September 23, 1998, for Non-firm and Firm Service).
    PNM requests an effective date of the date of execution for the 
service agreements.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

10. Pacific Gas and Electric Company

[Docket No. ER98-4663-000]

    Take notice that on September 28, 1998, Pacific Gas and Electric 
Company (PG&E), tendered for filing a revised Appendix A to the System 
Bulk Power and Purchase Agreement between PG&E and the City of Santa 
Clara, California (City or Santa Clara). The revised Appendix A changes 
the energy rates under PG&E's Rate Schedule FERC No. 108, for the firm 
system power sale by PG&E to the City.
    Copies of this filing were served upon City and the California 
Public Utilities Commission.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

11. Boralex Stratton Energy, Inc.

[Docket No. ER98-4652-000]

    Take notice that on September 28, 1998, Boralex Stratton Energy, 
Inc. (Boralex Stratton), petitioned the Commission for acceptance of 
Boralex Stratton 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.
    Boralex Stratton intends to engage in the wholesale sale of 
electric power from a 47 MW small power production facility, fueled by 
biomass, which it is acquiring in the United States. Boralex Stratton 
is a wholly-owned subsidiary of Boralex Industries Inc., which is a 
wholly-owned subsidiary of Boralex Inc., a Canadian corporation which 
has registered as a Foreign Utility Company with the Securities & 
Exchange Commission. Boralex Inc., owns in whole or in part eight 
hydroelectric

[[Page 54131]]

facilities and one gas-fired cogeneration facilities located in Canada, 
with an aggregate generation capacity of 61.4 MW. None of the 
electricity generated by Boralex Inc., is sold in or transmitted to the 
United States.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

12. Niagara Mohawk Power Company

[Docket No. ER98-4664-000]

    Take notice that on September 28, 1998, Niagara Mohawk Power 
Company (NMPC), tendered for filing with the Federal Energy Regulatory 
Commission an amended Transmission Service Agreement between NMPC and 
the Power Authority of the State of New York (NYPA), to permit NYPA to 
deliver power and energy from NYPA's FitzPatrick Plant, Bid Process 
Suppliers and Substitute Suppliers to the points where NMPC's 
transmission system connects to its retail distribution system East of 
NMPC's constrained Central-East Interface. This Transmission Service 
Agreement specifies that NYPA 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.
    NMPC requests an effective date of September 1, 1998. NMPC has 
requested waiver of the notice requirements for good cause shown.
    NMPC has served copies of the filing upon New York Public Service 
Commission and NYPA.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

13. Niagara Mohawk Power Corporation

[Docket No. ER98-4665-000]

    Take notice that on September 28, 1998, Niagara Mohawk Power 
Corporation (NMPC), tendered for filing with the Federal Energy 
Regulatory Commission an executed, amended Transmission Service 
Agreement between NMPC and the Power Authority of the State of New York 
(NYPA) to permit NYPA to deliver power and energy from NYPA's 
FitzPatrick Plant, Bid Process Suppliers and Substitute Suppliers to 
the points where NMPC's transmission system connects to its retail 
distribution system west of NMPC's constrained Central-West Interface. 
This Transmission Service Agreement specifies that NYPA 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.
    NMPC requests an effective date of September 1, 1998. NMPC has 
requested waiver of the notice requirements for good cause shown.
    NMPC has served copies of the filing upon New York Public Service 
Commission and NYPA.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

14. Cleco Corporation

[Docket No. ER98-4666-000]

    Take notice that on September 28, 1998, Cleco Corporation, (Cleco), 
tendered for filing a service agreement under which Cleco will make 
market based power sales under its MR-1, tariff with Illinois Power 
Company.
    Cleco requests that the Commission accept the Service Agreement 
with an effective date of July 29, 1998 and waive the prior notice 
requirement consistent with the Commission's practice with service 
agreements to existing tariffs.
    Cleco states that a copy of the filing has been served on Illinois 
Power Company.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

15. Central Hudson Gas & Electric Corporation

[Docket No. ER98-4667-000]

    Take notice that on September 28, 1998, Central Hudson Gas & 
Electric Corporation (CHG&E) tendered for filing pursuant to Section 
35.12 of the Federal Energy Regulatory Commission's Regulations in 18 
CFR, a Service Agreement for Non-Firm Point-to-Point Transmission 
Service between CHG&E and Duke/Louis Dreyfus, L.L.C. The terms and 
conditions of service under this Agreement are made pursuant to CHG&E'S 
FERC Open Access Schedule, Original Volume 1 (Transmission Tariff) 
filed in compliance with the Commission's Order 888 in Docket No. RM95-
8-000 and RM94-7-001 and amended in compliance with Commission Order 
dated May 28, 1997.
    CHG&E requests an effective date of September 9, 1998.
    A copy of this filing has been served on the Public Service 
Commission of the State of New York.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

16. Central Hudson Gas and Electric Corporation

[Docket No. ER98-4668-000]

    Take notice that on September 28, 1998, Central Hudson Gas and 
Electric Corporation (CHG&E), tendered for filing pursuant to Section 
35.12 of the Federal Energy Regulatory Commission's Regulations in 18 
CFR a Service Agreement between CHG&E and Statoil Energy Services, Inc. 
The terms and conditions of service under this Agreement are made 
pursuant to CHG&E's FERC Electric Rate Schedule, Original Volume 1 
(Power Sales Tariff) accepted by the Commission in Docket No. ER97-890-
000.
    CHG&E has requested waiver of the 60-day notice provision pursuant 
to 18 CFR 35.11 and requests an effective date of August 28, 1998.
    A copy of this filing has been served on the Public Service 
Commission of the State of New York.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

17. Wisconsin Electric Power Company

[Docket No. ER98-4669-000]

    Take notice that on September 28, 1998, Wisconsin Electric Power 
Company (Wisconsin Electric), tendered for filing a Consent to 
Assignment between itself and Duke Energy Trading and Marketing, 
L.L.C., (DETM). The agreement establishes DETM as a customer, in lieu 
of Duke/Louis Dreyfus L.L.C., under Wisconsin Energy Corporation 
Operating Companies' transmission service tariff (FERC Electric Tariff, 
Original Volume No. 1).
    Wisconsin Electric respectfully requests waiver of the Commission's 
notice requirements to permit an effective date of October 1, 1998, 
coincident with the assignment itself. Wisconsin Electric is authorized 
to state that DETM joins in the requested effective date.
    Copies of the filing have been served on DETM, the Michigan Public 
Service Commission, and the Public Service Commission of Wisconsin.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

18. Kentucky Utilities Company

[Docket No. ER98-4670-000]

    Take notice that on September 22, 1998, Kentucky Utilities Company 
(KU), tendered for filing an executed Power Services Agreement between 
KU and Florida Power & Light under KU's Power Services Tariff, Rate PS.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

19. Louisville Gas and Electric Company; Kentucky Utilities Company

[Docket No. ER98-4671-000]

    Take notice that on September 28, 1998, Louisville Gas and Electric 
Company/Kentucky Utilities (LG&E/

[[Page 54132]]

KU), tendered for filing an executed Service Agreement for Firm Point-
To-Point Transmission Service between LG&E/KU and Constellation Power 
Source, Inc., under LG&E/KU's Open Access Transmission Tariff.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

20. Nevada Power Company

[Docket No. ER98-4672-000]

    Take notice that on September 28, 1998, Nevada Power Company 
(Nevada Power), tendered for filing, an amendment to its Electric 
Service Coordination Tariff. The amendment is being made to make the 
unbundled rates for transmission service consistent with the rates 
filed by Nevada Power in Docket No. OA96-188-003 (Open Access 
Transmission Tariff compliance filing).
    Nevada Power requests an effective date of November 23, 1998.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

21. Southwest Power Pool Inc.

[Docket No. ER98-4675-000]

    Take notice that on September 28, 1998, Southwest Power Pool (SPP), 
tendered for filing two executed service agreements with PanCanadian 
Energy Services Inc., for short-term firm point-to-point transmission 
service and non-firm point-to-point firm transmission service under the 
SPP Open Access Transmission Tariff.
    SPP requests waiver of Section 35.3 of the Commission's 
Regulations, 18 CFR 35.3, to allow these agreements to become effective 
as of September 1, 1998.
    Copies of this filing were served upon each of the parties to these 
agreements.
    Comment date: October 16, 1998, in accordance with Standard 
Paragraph E at the end of this notice.

22. Montaup Electric Company

[Docket No. ER98-4676-000]

    Take notice that on September 28, 1998, Montaup Electric Company 
(Montaup), filed an interconnection agreement between itself and 
Tiverton Power Associates Limited Partnership (TPA).
    Montaup requests the Commission to waive the notice requirement in 
order to allow the agreement to become effective as of the filing date.
    Comment date: October 16, 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. 98-27002 Filed 10-7-98; 8:45 am]
BILLING CODE 6717-01-P