(Targeted News Service Via Acquire Media NewsEdge) FERC Issues Letter Order Accepting Blythe Energy Inc's August 13, 2013, As Amended on February 21, 2014 Filing of the Updated Market Power Analysis in Compliance with Order No. 697 Under ER13-1523
WASHINGTON, March 28 -- The U.S. Department of Energy's Federal Energy Regulatory Commission issued the text of the following delegated order:
In Reply Refer To:
Blythe Energy Inc.
Docket No. ER13-1523-001
March 28, 2014
Mr. Jason Johns
Counsel for Blythe Energy Inc.
Stoel Rives LLP
900 S.W. Fifth Avenue
Portland, Oregon 97204
Reference: Updated Market Power Analysis in Compliance with Order No. 697
Dear Mr. Johns:
On August 13, 2013, as amended on February 21, 2014, you filed on behalf of Blythe Energy Inc. (Blythe Energy) 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 Blythe Energy authority to sell electric energy and capacity at market-based rates.
Your filings were noticed on August 14, 2013, and March 10, 2014, with comments, protests or interventions due on or before October 15, 2013, and March 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 Blythe Energy owns and operates a 507 megawatt generation facility located in the California Independent System Operator Corp. (CAISO) market, the output of which is fully committed under a long-term sales contract. You add that Blythe Energy is wholly owned by AltaGas Ltd., and is not affiliated with any other entities that own or control generation facilities in the Southwest region. You also state that Blythe Energy neither owns nor is affiliated with any transmission facilities. Further, you affirmatively state that Blythe Energy 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 all of Blythe Energy's generation capacity is fully committed under a long-term power purchase agreement and thus it does not have any uncommitted capacity in the CAISO market. Based on your representations, Blythe Energy's submittals satisfy the Commission's requirements for market-based rate authority regarding horizontal market power.
Based on your representations, Blythe Energy's submittals also satisfy the Commission's requirements for market-based rate authority regarding vertical market power.
Blythe Energy must file electronically with the Commission Electric Quarterly Reports. Blythe Energy 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 Blythe Energy.
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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