NOPR Tariff Formulas Breed Discontent

Fortnightly Magazine - March 15 1996
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The Federal Energy Regulatory Commission (FERC) has denied rehearing of an order authorizing Duke Energy Marketing Corp. and two affiliates, Duke Energy Marketing Corp. and Duke/Louis Dreyfus L.L.C., to sell power at market-based rates (Docket Nos. ER95-755-001, et al.). The

tariffs, which were previously set for hearing, are subject to FERC's final ruling on the Notice of Proposed Rulemaking (NOPR) on open-access.

Duke argued that its proposed transmission rates should not have been set for hearing because it followed the NOPR's guidelines as well as the FERC's guidance orders [American Electric Power Service Corp., et al., 70 FERC ¶ 61,358 (1995) order on reh'g, 71 FERC ¶ 61,393 (1995) order on reh'g, 72 FERC ¶ 61,287 (1995)].

Duke added that because its first rate order was unclear as to which rate issues were set for hearing, it could be required to litigate a full cost-of-service case on the Stage One rate that the FERC already found just and reasonable in the NOPR. [The NOPR suggest two methods of calculating Stage One rates: 1) Use company-specific fixed-charge rate and company-specific information on investment costs and loads, or 2) Use an industrywide transmission fixed-charge rate (the FERC suggest 17.5 percent) and company-specific information on investment costs per kilowatt.]

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