(Targeted News Service Via Acquire Media NewsEdge) FERC Issues Letter Order Accepting Inland Empire Energy Center, LLC's June 13, 2013, as Supplemented on February 10, 2014, Filing of an Updated Market Power Analysis in Compliance with Order No. 697 Under ER10-3140
WASHINGTON, March 13 -- The U.S. Department of Energy's Federal Energy Regulatory Commission issued the text of the following delegated order:
In Reply Refer To:
Inland Empire Energy Center, LLC
Docket No. ER10-3140-013
March 13, 2014
Mr. Adam Wenner
Counsel for Inland Empire Energy Center, LLC
Orrick, Herrington & Sutcliffe LLP
1152 15th Street, N.W.
Washington, D.C. 20005
Reference: Updated Market Power Analysis in Compliance with Order No. 697
Dear Mr. Wenner:
On June 13, 2013, as supplemented on February 10, 2014, you filed on behalf of Inland Empire Energy Center, LLC (Inland Empire) an updated market power analysis for the Southwest Region in compliance with the regional reporting schedule adopted in Order No. 697 and pursuant to the Commission's order granting Inland Empire authority to sell electric energy and capacity at market-based rates.
Your filings were noticed on June 14, 2013, and February 11, 2014, with comments, protests or interventions due on or before August 12, 2013, and February 20, 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 docket is accepted for filing.
You state that Inland Empire owns and operates an 819 megawatts (MW) generating facility located in Riverside County, California. You add that Inland Empire is owned by Inland Empire Holdings Limited I, Inc. and Inland Empire Holdings Limited II, Inc., both of which are wholly owned by CALGEN Holdings, Inc., a subsidiary of General Electric Company. You further add that Inland Empire is affiliated with entities that own a combined 1,479 MW of generation capacity in the CAISO market. You represent that Inland Empire is not affiliated with any entities that own, operate, or control transmission facilities in the Southwest region. You state that Inland Empire is affiliated with Linden VTF which owns a transmission facility and has turned over control of its transmission to PJM Interconnection, L.L.C. and therefore has mitigated any transmission market power. Further, you affirmatively state that Inland Empire has 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 Inland Empire relies on Agua Caliente Solar, LLC's recently accepted market power analysis to demonstrate that Inland Empire passes both the pivotal supplier and the wholesale market share screens for the CAISO market. Accordingly, Inland Empire's submittals satisfy the Commission's requirements for market-based rate authority regarding horizontal market power.
Based on your representations, Inland Empire's submittals also satisfy the Commission's requirements for market-based rate authority regarding vertical market power.
Inland Empire must file electronically with the Commission Electric Quarterly Reports. Inland Empire 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 Inland Empire.
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: Melissa Lozano
Phone: (202) 502-6267
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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