
[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]               
[Page 66637-66638]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de09-64]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM04-7-007]

 
Market-Based Rates For Wholesale Sales of Electric Energy, 
Capacity and Ancillary Services by Public Utilities; Notice of Request 
for Clarification

October 30, 2009.
    Take notice that on March 9, 2009, as amended on October 28, 2009, 
the Compliance Working Group\1\ filed a request for clarification 
regarding which employees can be ``shared'' for purposes of compliance 
with the Commission's Affiliate Restrictions adopted under Order No. 
697.\2\
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    \1\ The members of the Compliance Working Group taking part in 
the filing are: Allegheny Energy, Inc., American Electric Power 
Company, Inc., Cleco Corporation, Consumers Energy Company, Dominion 
Resources, Inc., Duke Energy Corporation, Edison International, El 
Paso Electric Company, Energy East Corp., Entergy Corporation, 
Exelon Corporation, FirstEnergy Corp., FPL Group, Inc., Pacific Gas 
and Electric Co., Progress Energy, Inc., Public Service Enterprise 
Group Inc., and Westar Energy, Inc.
    \2\ Market-Based Rates for Wholesale Sales of Electric Energy, 
Capacity and Ancillary Services by Public Utilities, Order No. 697, 
FERC Stats. & Regs. ] 31,252 (Order No. 697), clarified, 121 FERC ] 
61,260 (2007), order on reh'g, Order No. 697-A, FERC Stats. & Regs. 
] 31,268 (2008); clarified, 124 FERC ] 61,055 (2008), order on 
reh'g, Order No. 697-B, FERC Stats. & Regs. ] 31,285 (2008), order 
on reh'g, Order No. 697-C, FERC Stats. & Regs. ] 31,291 (2009).

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[[Page 66638]]

    The Compliance Working Group states that the question presented 
arises because of an unintended inconsistency in the treatment of 
shared employees under the two major rulemakings--Order Nos. 697 and 
717--that impose restrictions on employee interactions and 
communications. The Compliance Working Group states that Order No. 697 
sought to ensure consistency between the two rules by holding that 
shared employees, for purposes of its Affiliate Restrictions, would be 
the same as later defined by the Standards of Conduct. It states that 
an inconsistency later arose because Order No. 717 ultimately revised 
the Standards of Conduct by eliminating the concept of shared employees 
altogether.\3\ The Compliance Working Group states that this disconnect 
has created a compliance conundrum that should be remedied.
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    \3\ Standards of Conduct for Transmission Providers, Order No. 
717, FERC Stats. Regs. ] 31,280 (2008), order on reh'g, Order No. 
717-A, 129 FERC ] 61,043 (2009).
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    The Compliance Working Group asks the Commission to interpret the 
Affiliate Restrictions to permit sharing of employees who are not 
``transmission function employees'' or ``marketing function 
employees''--the same sharing that is now permitted under the Standards 
of Conduct. The Compliance Working Group states that this 
interpretation is consistent with the purpose of Order Nos. 697 and 
717, will facilitate compliance by regulated companies, and enhance 
enforcement by the Commission. It also states that, as was the case 
with Order No. 717, this interpretation would not eliminate the 
residual protection afforded by the rule against undue discrimination.
    Any person desiring to comment in the above-referenced proceeding 
may file comments with the Commission on or before 5 p.m. Eastern time 
on November 30, 2009.
    The Commission encourages electronic submission of comments 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 comments 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.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-29907 Filed 12-15-09; 8:45 am]

BILLING CODE 6717-01-P
