ML20010A742

Order Denying Util Application for Rehearing of FERC 791221 Order & Util Motion for Extension of Time.Submissions of Svc Agreements Accepted for Filing

ML20010A742
Person / Time
Site:	Saint Lucie
Issue date:	02/06/1980
From:	Plumb K FEDERAL ENERGY REGULATORY COMMISSION
To:	FLORIDA POWER & LIGHT CO.
Shared Package
ML20010A740	List: ML20010A739 ML20010A742 ML20010A743 ML20010A744 ML20010A745 ML20010A746 ML20010A747 ML20010A748 ML20010A749
References
ER-80-141, ER78-19, ER80-141, ER80-156, ER80-199, NUDOCS 8108120158
Download: ML20010A742 (3)

Text

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UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY TOMMISSION

, Beiero Commissioners: Georgiana Sheldon, Acting Chairman; i

Mat thew Holden,- J r . , and George R. Hall.

Florida Power - ~-Na Company ) Docket Nos. ER78 ,19, ER80-141, ER80-156, ER80-199, et al.

ORDER DENYING REHEARING, ACCEPTING FOR FILING AND SUSPENDING BATE SCHEDULES AND DENYING MOTION FOR EXTENSION OF TIME (Issued February 6, 1980)

On Janu'ary 21, 1980, Florida Power and Light Company (FP&L)

r. applied for rehearing of our order in these consolidated oockets which directed FP&L to submit a single tariff for application to interchange transmission services in substitution for 18 in-dividual rate schedules. 1/ FP&L has made n7 argument in its application that was not considered in our order, and rehearing

, shall be denied.

The application also requests clarification regarding the

- scope of the tariff to be filed. FP&L asks whether our order i

requires a tariff governing interchange transiuission services, or a

...requir[es] FPL to file a tariff under which transmission services would be generally avail-able, not limited to the implementation of inter-change agreements but emcompassing any conceivable transmission transaction as long as that trans-action is arguably within the ambit of the policy statement.

(~.

L~ Our order required FP&L to consolidate its numerous rate schedules into a single tariff for interchange transmission services, and include therein its statement of company policy on wheeling availability. The order did not purport to interpret FP&L's policy. That policy may encompass more than interchange c services; however, FP&L itself must clarify any ambiguities by delimiting its scope. The company may, of :ourse, file a new statement on transmission availability which identifies any transmission service not included. 2/

1/ Order Directing The Submission of a Transmission Ta.iff in Substitution for Individual Rate Schedules (December 21, 1979).

-- 2/ Any new availability statement should also be filed in Docket No. ER77-175 where FP&L's wheeling policy is an issue. We

~

should be apprised of any change i' that policy before reaching.

our decision. .

DC-A-42 I

8108120150 81080V PDR ADOCK 05000389:

M PDR'

• Docket Nos. ER78-19, et al.

Since the date of our order, FP&L has tendered three additional interchange transmission rates. On December 21, 1979, a service schedule was submitted for New Smyrna Beach, Florida (Docket No. ER80-141). On Dec'.inb'r 28, 1979, a schedule l was tendered for Tampa Electric.co. (ER80 156). And, on January 22, 1980, a. schedule was submittet. for Orlando, Florida (ER80-199). Each of these schedules is identical to those considered in the order directing the submission of a tariff, and FP&L requests that cost support from Docket No.

ER78-19, et al., be incorporated by reference. Our order stated (at 7) that all additional or changed service agree-ments should be 'made par t of the tariff.

The service agreements submitted in these three new dockets have not been shown to be just and reasonable, and may be unjust, unreasonable, unduly discriminatory or otherwise unlawful. Rather d

than deal with these submissions in separate orftrs, we shall now m accept them for filing, suspend each for one da- and consolldate k_

the three dockets with Docket No. ER78-19, as we .tave done with all service agreements in the sequence of transmission rate filings. 3/ FP&L shall include these three service agreements, executed or unexecuted as the case may be, in the tariff which-it submits.

Finally, we shall address FP&L's motion for en extension s of time i. which to comply with our order of Decemher 21, 1979.

It requests either an indefinite extension, pending the outcome of other proceedings, or a new compliance date 30 days after wc dispose of the application for rehearing. This motion is denied; however, we shall give FP&L seven additional days in which to comply with our order.

The Commission orders: ,,s (A) FP&L's application for rehearing of our order of -

December 21, 1979, is hereby denied.

(B) FP&L's motion for an extension of time is hereby denied.

(C) FP&L's submissions of service a3 eements in Docket Nos.

ER80-141, ER80-156 and ER80-199 are hereby accepted for filing and suspended for one day, they shall become effective, subject to refund, on February 20, 1980, February 27, 1980, and March 23, 1980, respectively. FP&L is d!!@cted to include these agreements as part of its taritf filing.

. 3/ Protests and petitions to intervene in these proceedings will be accepted until the dates specified in the notices of these filings issued by the Commission's Secretary.

~~

Occket Sus. E.9 7 8- 19 , et al.

(D) Within seven days of the date of this order, FP&L shall file the transmission tariff required by this order and out order of December 21, 1979.

(E) The Secretary shall promptly publish this order in the Federal R,egister.

9 By the Commission.

( SEAL) ,

) .

Kenneth F. Plumb, Secretary. .

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