Rules and Regulations. DEPARTMENT OF ENERGY
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/register/2002/01/03/02-67·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER02-22-000, ER02-23-000, ER02-24-000, and ER02-25-000] Dresden Energy, LLC, S.W.E.C., LLC, Armstrong Energy Limited Partnership, LLLP and Troy Energy, LLC; Notice of Issuance of Order December 27, 2001. Dresden Energy, LLC, S.W.E.C., LLC, Armstrong Energy Limited Partnership, LLLP, and Troy Energy, LLC (collectively, Applicants) filed with the Commission, in the above-docketed proceedings, applications for market-based rate authority, with accompanying tariffs (market-based rate tariffs).
The proposed market-based rate tariffs provide for sales of capacity, energy, and/or ancillary services and the resale of transmission rights. The Applicants also requested certain waivers and authorizations. In particular, the Applicants requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liabilities by the Applicants. On December 19, 2001, the Commission issued an order (Order) that accepted the Applicants' applications in these proceedings, subject to any tariff condition adopted by the Commission in Docket No.
ER01-118-000. The Commission's December 19, 2001 Order granted the Applicants' request for blanket approval under Part 34, subject to the conditions found in Appendix A in Ordering Paragraphs (2), (3), and (5):
(2)Within 30 days of the date of this order, any person desiring to be heard or to protest the Commission's blanket approval of issuances of securities or assumptions of liabilities by the Applicants should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.211 and 385.214.
(3)Absent a request to be heard within the period set forth in Ordering Paragraph
(2)above, the Applicants are hereby authorized to issue securities and assume obligations and liabilities as guarantor, indorser, surety or otherwise in respect of any security of another person; provided that such issue or assumption is for some lawful object within the corporate purposes of the Applicants, compatible with the public interest, and reasonably necessary or appropriate for such purposes.
(5)The Commission reserves the right to modify this order to require a further showing that neither public nor private interests will be adversely affected by continued Commission approval of the Applicants' issuances of securities or assumptions of liabilities. * * * Notice is hereby given that the deadline for filing motions to intervene or protests, as set forth above, is January 22, 2002. Copies of the full text of the Order are available from the Commission's Public Reference Branch, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the on the web at *http://www.ferc.gov* using the “RIMS” link, select “Docket#” and follow the instructions (call 202-208-2222 for assistance). Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. Linwood A. Watson, Jr., Acting Secretary. [FR Doc. 02-67 Filed 1-2-02; 8:45 am]
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