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FERC Issues Letter Order Accepting Kendall Green Energy LLC's 6/25/14, as Supplemented on 9/22/14 Filing of an Updated Market Power Analysis in...(Targeted News Service Via Acquire Media NewsEdge) FERC Issues Letter Order Accepting Kendall Green Energy LLC's 6/25/14, as Supplemented on 9/22/14 Filing of an Updated Market Power Analysis in Compliance with Order No. 697 Under ER14-1363 WASHINGTON, Oct. 14 -- The U.S. Department of Energy's Federal Energy Regulatory Commission issued the text of the following delegated order: In Reply Refer To: Kendall Green Energy LLC Docket No. ER14-1363-003 October 14, 2014 Ms. Nicole S. Allen Counsel for Kendall Green Energy LLC Schiff Hardin LLP 901 K Street, N.W. Suite 700 Washington, D.C. 20001 Reference: Updated Market Power Analysis in Compliance with Order No. 697 Dear Ms. Allen: On June 25, 2014, as supplemented on September 22, 2014, you filed on behalf of Kendall Green Energy LLC (Kendall Green) an updated market power analysis for the Northeast region in compliance with the regional reporting schedule adopted in Order No. 697 and pursuant to the Commission's order granting Kendall Green authority to sell electric energy and capacity at market-based rates. Your filing was noticed on June 26, 2014, with comments, protests or interventions due on or before August 25, 2014. 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 submittal filed in the referenced docket is accepted for filing. You state that Kendall Green owns and operates a 256 megawatt (MW) generation facility located in Cambridge, Massachusetts, within the ISO New England Inc. (ISO-NE) market. You add that Kendall Green is wholly owned by Kendall Green Energy Holdings LLC, and is affiliated with entities that own or control generation facilities in the ISO-NE, Southwest Power Pool, Inc., PJM Interconnection, L.L.C., and Midcontinent Independent System Operator, Inc. markets. You state that Kendall Green and its affiliates do not own any transmission facilities. Further, you affirmatively state that Kendall Green and its affiliates have 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. Kendall Green prepared the pivotal supplier and wholesale market share screens for the ISO-NE market consistent with the requirements of Order No. 697. Kendall Green's horizontal market power screens have been reviewed, and Kendall Green passes both the pivotal supplier and wholesale market share screens in those markets. Based on your representations, Kendall Green's submittals satisfy the Commission's requirements for market-based rate authority regarding horizontal market power. Based on your representations, Kendall Green's submittals also satisfy the Commission's requirements for market-based rate authority regarding vertical market power. Kendall Green must file electronically with the Commission Electric Quarterly Reports. Kendall Green 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 any of the applicant(s). 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 Sincerely, Steve P. Rodgers, Director Division of Electric Power Regulation - West TNS 18EstebanLiz-141015-30FurigayJane-4898380 30FurigayJane (c) 2014 Targeted News Service |