`Washington, D.C. 20426
`
`In Reply Refer To:
`Docket Nos. ER112602000
`ER112602001
`ER112597000
`ER112597001
`ER112600000
`ER112600001
`ER112596000
`ER112596001
`ER112608000
`ER112608001
`ER112595000
`ER112595001
`ER112605000
`ER112605001
`ER112604000
`ER112604001
`ER102578002
`ER102578004
`
`April 13, 2011
`
`CalPeak Power LLC
`
`CalPeak Power – Panoche LLC
`
`CalPeak Power – Vaca Dixon LLC
`
`CalPeak Power – El Cajon LLC
`
`CalPeak Power – Enterprise LLC
`
`CalPeak Power – Border LLC
`
`Tyr Energy, LLC
`
`Commonwealth Chesapeake Company, LLC
`
`Fox Energy Company, LLC
`
`(collectively, Tyr Entities)
`
`
`Mr. Jonathan W. Gottlieb
`Attorney for the Tyr Entities
`Leonard, Street and Deinard, PA
`1350 I Street, NW
`Suite 800
`Washington, D.C. 20005
`
`Reference: Notice of Change in Status, Request for Category 1 Status and Tariff
`Revisions
`
`Dear Mr. Gottlieb:
`
`On January 3, 2011 and January 4, 2011, as amended on February 22, 2011, you
`filed on behalf of the Tyr Entities, a notice of change in status. You state that Tyr
`Acquisition Company, LLC acquired interests in Kiowa Power Partners, LLC, Tenaska
`
`
`
`Docket No. ER112602000, et al.
`
`2
`
`Alabama II Partners, L.P., Tenaska Gateway Partners, Ltd., Tenaska Georgia Partners,
`L.P., and Tenaska Virginia Partners, L.P.1 Additionally, Tyr Keenan II, LLC (Tyr
`Keenan), acquired a 42 percent interest in CPV Keenan II Renewable Energy Company,
`LLC (CPV Keenan).2 As a result of these acquisitions, the Tyr Entities have become
`affiliated with additional generation in the Southern Power Pool (SPP) and Southern
`Company, Inc. balance authority areas and the PJM Interconnection, L.L.C. market. You
`further represent that Tyr Keenan’s 42 percent interest in CPV Keenan has been found to
`be a passive interest. You state that the acquisitions do not affect the conditions the
`Commission relied upon when granting the Tyr Entities marketbased rate authority.
`
`Additionally, you filed on behalf of CalPeak Power LLC, CalPeak Power –
`Panoche LLC, CalPeak Power – Vaca Dixon LLC, CalPeak Power – El Cajon LLC
`CalPeak Power – Enterprise LLC, and CalPeak Power – Border LLC (collectively,
`CalPeak Entities) a request for category 1 Status representing that each meets the criteria
`for Category 1 Status in the Northeast, Southeast, Central, SPP and Northwest regions.
`You also filed on behalf of Fox Energy Company, LLC (Fox Energy) a request for
`Category 1 status representing it meets the criteria for Category 1 status in the Northeast,
`Southeast, SPP, Southwest and Northwest regions.
`
`
`You filed revised marketbased rate tariffs which reflect the following change: 1)
`CalPeak Entities remain Category 2 sellers in the Southwest region and changes to a
`Category 1 sellers in all other regions; 2) Commonwealth Chesapeake Company, LLC
`(Commonwealth Chesapeake) changes to a Category 2 seller in the Northeast region and
`remains a Category 1 seller in all other regions; 3) Tyr Energy, LLC changes to a
`Category 2 seller in the Northeast, Southeast, Central and SPP regions and remains a
`Category 1 seller in the Southwest and Northwest regions; and 4) Fox Energy remains a
`Category 2 seller in the Central region and changes to a Category 1 seller in all other
`regions.3
`
`1 The related disposition of jurisdictional facilities was authorized by the
`Commission in Tenaska Energy, Inc., 133 FERC ¶ 62,189 (2010).
`
`2 The related disposition of jurisdictional facilities was authorized by the
`Commission in EFS Keenan II, LLC, 132 FERC ¶ 62,202 (2010).
`3 MarketBased Rates for Wholesale Sales of Electric Energy, Capacity and
`Ancillary Services by Public Utilities, Order No. 697, FERC Stats. & Regs. ¶ 31,252, at P
`62, clarified, 121 FERC ¶ 61,260 (2007), order on reh’g, Order No. 697A, FERC Stats.
`& Regs. ¶ 31,268, 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. 697C, FERC Stats.
`& Regs. ¶ 31,291 (2009), order on reh’g, Order No. 697D, FERC Stats. & Regs. ¶
`31,305 (2010). Applicants must file an updated market power analysis in compliance
`
`
`
`Docket No. ER112602000, et al.
`
`3
`
`You state that CalPeak Entities do not own or control over 500 megawatts of
`generation in aggregate in the Northeast, Southeast, Central, SPP and Northwest regions.
`You also state that neither CalPeak Entities nor any of their affiliates own or control
`transmission facilities in those regions. You add that CalPeak Entities and their affiliates
`are not affiliated with a franchised public utility in those regions, and that neither
`CalPeak Entities nor their affiliates raise any other vertical market power issues.
`
`You also state that Fox Energy does not own or control over 500 megawatts of
`generation in aggregate in the Northeast, Southeast, SPP, Southwest and Northwest
`regions. You state that neither Fox Energy nor any of its affiliates own or control
`transmission facilities in those regions. You add that Fox Energy and its affiliates are not
`affiliated with a franchised public utility in those regions, and that neither Fox Energy nor
`its affiliates raise any other vertical market power issues.
`
`Your filings were noticed on January 3, 2011, January 5, 2011, February 22, 2011
`and March 18, 2011, with comments, protests or interventions due on or before January
`24, 2011, January 25, 2011, March 15, 2011 and March 25, 2011, respectively. None
`was filed.
`
`Pursuant to the authority delegated to the Director, Division of Electric Power
`Regulation West, under 18 C.F.R. § 375.307, your submittals filed in the referenced
`dockets are accepted for filing, effective March 4, 2011, as requested. Based on your
`representations, the CalPeak Entities meet the criteria for Category 1 sellers in the
`Northeast, Southeast, Central, SPP and Northwest regions and are so designated, and Fox
`Energy meets the criteria for Category 1 seller in the Northeast, Southeast, Southwest,
`SPP and Northwest regions and is so designated.4 Based on your representations, the
`notice of change in status is also 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).
`
`with the regional reporting schedule adopted in Order No. 697. Order No. 697, FERC
`Stats. & Regs. ¶ 31,252 at P 882.
`4 Order No. 697, FERC Stats. & Regs. ¶ 31,252, at P 84850.
`
`
`
`Docket No. ER112602000, et al.
`
`4
`
`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. § 385.713.
`
`Questions regarding the above order should be directed to:
`
`Federal Energy Regulatory Commission
`Attn: Ryan Anderson
`Phone: (202) 5028122
`Office of Energy Market Regulation
`888 First Street, N.E.
`Washington, D.C. 20426
`
`Sincerely,
`
`Steve P. Rodgers, Director
`Division of Tariffs and Market
`Development West
`
`



