

[Federal Register: September 28, 2005 (Volume 70, Number 187)]
[Notices]               
[Page 56673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se05-109]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL05-151-000]

 
Public Service Company of New Mexico, Complainant, v. 
Southwestern Public Service Company, Respondent; Notice of Complaint

September 16, 2005.
    Take notice that on September 15, 2005, Public Service Company of 
New Mexico (PNM) filed a formal complaint against Southwestern Public 
Service Company (SPS) pursuant to section 206 of the Federal Power Act 
(FPA), 16 U.S.C. 824e (2000), and Rule 206 of the Commission's Rules of 
Practice and Procedure, 18 CFR 385.206 (2005). PNM states that: (1) 
SPS's cost-based rates for Interruptible Power Service to PNM pursuant 
to Service Schedule C of the Interconnection Agreement between PNM and 
SPS are excessive, are not just and reasonable and are unduly 
discriminatory or preferential, (2) SPS historically violated the fuel 
cost adjustment clause (FCAC) provisions applicable to Interruptible 
Power Service to PNM, as well as the Commission's FCAC regulations; and 
(3) SPS has historically and continues to violate the FCAC provisions 
applicable to two firm power sales contracts to PNM, as well as the 
Commission's FCAC regulations. PNM requests that the Commission 
establish a refund effective date of September 13, 2005 for SPS's cost-
based rates for Interruptible Power Service, and that the Commission 
establish an investigation of SPS's FCAC charges to PNM from January 
2001 through the present and on an ongoing basis during the pendency of 
the complaint proceeding.
    PNM certifies that copies of the complaint were served on the 
contacts for SPS as listed on the Commission's list of Corporate 
Officials, as well as on counsel for all parties to the proceedings in 
Docket Nos. EL05-19-000 and ER05-168-000.
    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 and 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. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant and all parties to this proceeding.
    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 e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
FERCOnlineSupport@ferc.gov, or call (866) 208-3676 (toll free). For 

TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on October 6, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5209 Filed 9-27-05; 8:45 am]

BILLING CODE 6717-01-P
