
[Federal Register: December 17, 2008 (Volume 73, Number 243)]
[Notices]               
[Page 76632]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de08-66]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PL09-3-000]

 
Control and Affiliation for Purposes of the Commission's Market-
Based Rate Requirements Under Section 205 of the Federal Power Act and 
the Requirements of Section 203 of the Federal Power Act; Notice 
Inviting Post-Workshop Comments

December 9, 2008.
    On December 3, 2008, Commission staff convened a workshop with 
interested persons to discuss issues raised by the filing of the 
Electric Power Supply Association docketed in Docket No. PL09-3-000. 
The agenda for the workshop was published in a notice issued in this 
docket on November 21, 2008.
    Topics discussed at the workshop included, but were not limited to, 
the meaning of the term ``control'' for purposes of sections 203 and 
205 of the Federal Power Act (FPA); what actions by upstream investors 
should be deemed to constitute the exercise of control for purposes of 
sections 203 and 205 of the FPA; whether the Commission should rely on 
representations made by an investor on the Securities and Exchange 
Commission's Schedule 13G for purposes of determining whether the 
investor can exercise control over a public utility; and what actions 
by an upstream investor should be deemed to affect a seller's market-
based rate authority.
    The Commission invites written comments from workshop participants 
on any of the matters discussed at the workshop, including 
recommendations on actions the Commission can take to resolve any of 
the issues discussed. Comments should be submitted in this docket by 
January 16, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-29851 Filed 12-16-08; 8:45 am]

BILLING CODE 6717-01-P
