FERC Order to CalPeak Companies on Notice of Change in Status

WASHINGTON, Aug. 16 -- The U.S. Department of Energy'sFederal Energy Regulatory Commission issued the text of the following delegated order:

In Reply Refer To:

CalPeak Power LLC

Docket Nos. ER10-3077-002

CalPeak Power - Panoche LLC

ER10-3075-002

CalPeak Power - Vaca Dixon LLC

ER10-3076-002

CalPeak Power - Enterprise LLC

ER10-3074-002

CalPeak Power - Border LLC

ER10-3071-002

Tyr Energy, LLC

ER10-3079-005

Commonwealth Chesapeake Company, LLC

ER10-3078-001

Trademark Merchant Energy, LLC

ER12-126-007

Plains End, LLC

ER11-2539-002

Plains End II, LLC

ER11-2540-002

Rathdrum Power, LLC

ER11-2542-002

(collectively, CalPeak Companies)

August 16, 2013

Mr. Jonathan W. Gottlieb

Attorney for CalPeak Companies

Leonard, Street and Deinard, PA

1350 I Street, N.W., Suite 800

Washington, D.C. 20005

Reference: Notice of Change in Status

Dear Mr. Gottlieb:

On June 10, 2013, you filed on behalf of the CalPeak Companies a notice of change in status stating that an affiliate, Polaris Energy, LLC (Polaris Energy), made three acquisitions. You state that Polaris Energy has acquired 100 percent of the interest in Plains End, LLC, Plains End II, LLC, and Rathdrum Power (collectively, New CalPeak Companies). You further state that Polaris Energy acquired 35 percent of the interest in both of LSP-Whitewater Limited Partnership and LSP-Cottage Grove, L.P. You further state that Polaris Energy is owned by Polaris Generation Holdings, LLC, which in turn is owned by Polaris Funding, LLC (Polaris Funding), the parent company of the CalPeak Companies, as well as John Hancock Life & Health Insurance Company (U.S.A.), John Hancock Life Insurance Company of New York, John Hancock Life & Health Insurance Company (collectively, John Hancock Companies) and The Prudential Insurance Company of America (Prudential).

You represent that the membership interests the John Hancock Companies and Prudential own in Polaris Funding are indirect and non-managing. You state that these acquisitions do not affect the conditions the Commission relied upon when granting the CalPeak Companies market-based rate authority.

Your filing was noticed on June 11, 2013, with comments, protests or interventions due on or before July 1, 2013. 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, and based on your representations, the notice of change in status is accepted for filing.

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: Michelle Barnaby

Phone: (202) 502-8407

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

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