FERC Issues Letter Order Accepting Iberdrola Companiess 12/20/13, as Amended on 3/28/14 Filing of an Updated Market Power Analysis in Compliance with Order No. 697 Under ER10-2822 et al
WASHINGTON, June 4 -- The U.S. Department of Energy's Federal Energy Regulatory Commission issued the text of the following delegated order:
In Reply Refer To:
Docket Nos. ER10-2822-005
Atlantic Renewable Projects II LLC
Big Horn Wind Project LLC
Big Horn II Wind Project LLC
Colorado Green Holdings LLC
Hay Canyon Wind LLC
Iberdrola Renewables, LLC
Juniper Canyon Wind Power LLC
Klamath Energy LLC
Klamath Generation LLC
Klondike Wind Power LLC
Klondike Wind Power II LLC
Klondike Wind Power III LLC
Leaning Juniper Wind Power II LLC
Pebble Springs Wind LLC
San Luis Solar LLC
Star Point Wind Project LLC
Twin Buttes Wind LLC
(collectively, the Iberdrola Companies)
June 4, 2014
Ms. Natasha Gianvecchio
Attorney for the Iberdrola Companies
Latham & Watkins LLP
555 Eleventh Street
Washington, D.C. 20004
Reference: Updated Market Power Analysis in Compliance with Order No. 697
Dear Ms. Gianvecchio:
On December 20, 2013, as amended on March 28, 2014, you filed on behalf of the Iberdrola Companies an updated market power analysis for the Northwest region in compliance with the regional reporting schedule adopted in Order No. 697 and pursuant to the Commission's orders granting the Iberdrola Companies authority to sell electric energy and capacity at market-based rates.
Your filings were noticed on December 23, 2013, and March 31, 2014, with comments, protests or interventions due on or before February 18, 2014, and April 18, 2014, respectively. None was filed.
Pursuant to the authority delegated to the Director, Division of Electric Power Regulation - West, under 18 C.F.R. section 375.307, your submittals filed in the referenced dockets are accepted for filing.
You state that the Iberdrola Companies own or control approximately 2,417 megawatts (MW) of generation capacity in the Bonneville Power Administration (BPA) balancing authority area and approximately 272 MW of generation capacity in the Public Service Company of Colorado (PSCo) balancing authority area. You further state that the Iberdrola Companies own or control generation capacity in the market controlled by California Independent System Operator Corporation (CAISO), which is first-tier to the BPA balancing authority area. You add that Iberdrola Renewables LLC (Iberdrola Renewables) is an indirect, wholly-owned subsidiary of Iberdrola, S.A, and Iberdrola Renewables either wholly or partially owns the remaining Iberdrola Companies.
You state that Colorado Green has received waiver of the Commission's Open Access Transmission Tariff requirements with regard to its facilities. Further, you state that the Iberdrola Companies are affiliated with transmission facilities in the New York Independent System Operator, Inc. (NYISO) and ISO New England Inc. (ISO-NE) markets. You further represent that the affiliates of the Iberdrola Companies have turned over control of their transmission facilities to the NYISO and ISO-NE and therefore have mitigated any transmission market power. Further, you affirmatively state that the Iberdrola Companies have not erected barriers to entry and will not erect barriers to entry into the relevant market.
Market-Based Rate Authorization
The Commission allows power sales at market-based rates if the seller and its affiliates do not have, or have adequately mitigated, horizontal and vertical market power.
You state that the Iberdrola Companies rely on Sierra Pacific Power Company's recently accepted market power analysis to demonstrate that the Iberdrola Companies pass both the pivotal supplier and the wholesale market share screens for the BPA balancing authority area. You state that the Iberdrola Companies rely on Public Service Company of New Mexico's market power analysis to demonstrate that the Iberdrola Companies pass both the pivotal supplier and the wholesale market share screens for the PSCo balancing authority area. Accordingly, based on your representations and subject to the Commission's determinations in Public Service of New Mexico's pending proceeding, the Iberdrola Companies' submittals satisfy the Commission's requirements for market-based rate authority regarding horizontal market power.
Based on your representations, the Iberdrola Companies' submittals also satisfy the Commission's requirements for market-based rate authority regarding vertical market power.
The Iberdrola Companies must file electronically with the Commission Electric Quarterly Reports. The Iberdrola Companies further must timely report to the Commission any change in status that would reflect a departure from the characteristics the Commission relied upon in granting market-based rate authority in accordance with Order No. 697.
This action does not constitute approval of any service, rate, charge, classification, or any rule, regulation, or practice affecting such rate or service provided for in the filed documents; nor shall such action be deemed as recognition of any claimed contractual right or obligation affecting or relating to such service or rate; and such acceptance is without prejudice to any findings or orders which have been or may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against any of the applicant(s).
This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R section 385.713.
Questions regarding the above order should be directed to:
Federal Energy Regulatory Commission
Attn: Debra Irwin
Phone: (202) 502-6253
Office of Energy Market Regulation
888 First Street, N.E.
Washington, D.C. 20426
Steve P. Rodgers, Director
Division of Electric Power
Regulation - West
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