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Docket No. EC14-31-000
ORDER AUTHORIZING DISPOSITION OF JURISDICTIONAL FACILITIES
(Issued
On
Prairie Breeze, an exempt wholesale generator, is developing and will construct, own, and operate a 200.6 megawatt (MW) wind-powered generating facility (Facility) to be located near
Prairie Breeze is a direct wholly-owned subsidiary of
EFS Prairie Breeze is an indirect, wholly-owned subsidiary of
BALIA is an indirect, wholly-owned subsidiary of
BALIA Subsidiary will be a special purpose vehicle wholly-owned and controlled by BALIA. According to Prairie Breeze, the
Under the Proposed Transaction, each of
Prairie Breeze states that the Proposed Transaction is consistent with the public interest and will have no adverse effect on competition, rates, or regulation. With respect to horizontal market power, Prairie Breeze states that the Proposed Transaction raises no concerns. Prairie Breeze asserts that the Proposed Transaction involves only the transfer of passive, non-controlling interests and thus will not result in the
With regard to vertical market power, Prairie Breeze states that the Proposed Transaction raises no concerns. Prairie Breeze asserts that none of the
With regard to rates, Prairie Breeze states that the Proposed Transaction will not have an adverse effect. Prairie Breeze states that it has filed for market-base rate authority, and that it will sell power to its customers pursuant to negotiated rates under its market-based rate tariff filed with the Commission. Prairie Breeze also asserts that the Proposed Transaction will not affect the rates that Prairie Breeze will be authorized to charge under its market-based tariff. In addition, Prairie Breeze states that it does not provide transmission services and, therefore, it has no transmission customers.
With regard to regulation, Prairie Breeze states that the Proposed Transaction will not have an adverse effect. Prairie Breeze states that once it becomes jurisdictional, that status will not change as a result of the Proposed Transaction.
Prairie Breeze states that, based on facts and circumstances known to it or that are reasonably foreseeable, the Proposed Transaction will not result in, at the time of the closing or in the future, cross-subsidization of a non-utility associate company or the pledge or encumbrance of assets of a traditional public utility that has captive customers or that owns or provides transmission service over jurisdictional facilities for the benefit of an associate company. Specifically, Prairie Breeze states that the Proposed Transaction does not involve a franchised public utility with captive customers and will not result in, at the time of the Proposed Transaction or in the future: (1) any transfer of facilities between a traditional public utility associate company that has captive customers or that owns or provides transmission service over jurisdictional transmission facilities, and an associate company; (2) any new issuance of securities by a traditional public utility associate company that has captive customers or that owns or provides transmission service over jurisdictional transmission facilities, for the benefit of an associate company; (3) any new pledge or encumbrance of assets of a traditional public utility associate company that has captive customers or that owns or provides transmission service over jurisdictional transmission facilities, for the benefit of an associate company; or (4) any new affiliate contract between a non-utility associate company and a traditional public utility associate company that has captive customers or that owns or provides transmission service over jurisdictional transmission facilities, other than non-power goods and service agreements subject to review under sections 205 and 206 of the FPA.
The filing was noticed on
Notices of intervention and unopposed timely filed motions to intervene are granted pursuant to the operation of Rule 214 of the Commission's Rules of Practice and Procedure (18 C.F.R. section 385.214) (2013). Any opposed or untimely filed motion to intervene is governed by the provisions of Rule 214.
Information and/or systems connected to the bulk system involved in this transaction may be subject to reliability and cybersecurity standards approved by the Commission pursuant to FPA section 215. Compliance with these standards is mandatory and enforceable regardless of the physical location of the affiliates or investors, information database, and operating systems. If affiliates, personnel or investors are not authorized for access to such information and/or systems connected to the bulk power system, a public utility is obligated to take the appropriate measures to deny access to this information and/or the equipment/software connected to the bulk power system. The mechanisms that deny access to information, procedures, software, equipment, etc., must comply with all applicable reliability and cybersecurity standards. The Commission,
Order No. 652 requires that sellers with market-based rate authority 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. The foregoing authorization may result in a change in status. Accordingly, Prairie Breeze is advised that it must comply with the requirements of Order No. 652. In addition, Prairie Breeze shall make any necessary filings under section 205 of the FPA to implement the Proposed Transaction.
After consideration, it is concluded that the Proposed Transaction is consistent with the public interest and is authorized, subject to the following conditions:
(1) The Proposed Transaction is authorized upon the terms and conditions and for the purposes set forth in the application;
(2) The foregoing authorization is without prejudice to the authority of the Commission or any other regulatory body with respect to rates, service, accounts, valuation, estimates or determinations of costs, or any other matter whatsoever now pending or which may come before the Commission;
(3) Nothing in this order shall be construed to imply acquiescence in any estimate or determination of cost or any valuation of property claimed or asserted;
(4) The Commission retains authority under sections 203(b) and 309 of the FPA to issue supplemental orders as appropriate;
(5) If the Proposed Transaction results in changes in the status or upstream ownership of Prairie Breeze's affiliated qualifying facilities, if any, an appropriate filing for recertification pursuant to 18 C.F.R. section 292.207 (2012) shall be made;
(6) Prairie Breeze shall make appropriate filings under section 205 of the FPA, as necessary, to implement the Proposed Transaction; and
(7)Prairie Breeze shall notify the Commission within 10 days of the date that the disposition of jurisdictional facilities has been consummated. This action is taken pursuant to the authority delegated to the Director,
Director
TNS 30TacordaCheng-131219-4583382 30TacordaCheng
| Copyright: | (c) 2013 Targeted News Service |
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