FERC Issues Letter Order Accepting Delaware City Refining Company LLC's et al (PBF Entities) 7/17/14 Filing of a Notice of Change in Status and Request for Category 1 Status Under ER14-2453 et al
WASHINGTON, Sept. 3 -- The U.S. Department of Energy'sFederal Energy Regulatory Commission issued the text of the following delegated order:
In Reply Refer To:
Delaware City Refining Company LLC and PBF Power Marketing LLC
Docket Nos. ER14-2453-000, and ER14-2454-000
September 3, 2014
Mr. Marcus W. Sisk, Jr.
Counsel for Delaware City Refining Company LLC and PBF Power Marketing LLCDorsey & Whitney LLP
1801 K Street, N.W.
Washington, D.C. 20006
Reference: Notice of Change in Status and Request for Category 1 Status
Dear Mr. Sisk:
On July 17, 2014, you filed on behalf of Delaware City Refining Company LLC (Delaware City) and PBF Power Marketing LLC (PBF) (collectively, the PBF Entities) a notice of change in status stating that a public stock offering by PBF Energy Inc. (PBF Energy), the corporate parent of the PBF Entities, resulted in First Reserve Fund XII, L.P. and the Blackstone Group L.P. each owning 3.9 percent of PBF Energy. You state that this transaction has no material effect on the market power analysis supporting the PBF Entities' authorization to sell power at market-based rates.
You also request Category 1 Seller status in Northeast and Southwest Power Pool regions. You state that the PBF Entities qualify for Category 1 Seller status in the Northeast and Southwest Power Pool regions because the PBF Entities and their affiliates own or control less than 500 megawatts (MW) of generation in those regions, the PBF Entities do not own, operate, or control transmission facilities other than the limited equipment necessary to connect their individual generating facilities to the transmission grid in those regions, the PBF Entities are not affiliated with anyone that owns, operates, or controls transmission facilities in the same region as the PBF Entities' generation assets, the PBF Entities are not affiliated with a franchised public utility in any region, and they do not raise other vertical market power issues.
Your filings were noticed on July 17, 2014, with comments, protests or interventions due on or before August 7, 2014. 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, your submittals filed in the referenced dockets are accepted for filing, effective September 16, 2014. The PBF Entities have not demonstrated good cause to justify waiver of the prior notice requirement for an effective date of July 17, 2014. Therefore, consistent with Section 205 of the Federal Power Act and 18 C.F.R. section 35.3, this notice of change in status will be effective September 16, 2014, 60 days notice from the date of 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: Melissa Lozano
Phone: (202) 502-6267
Office of Energy Market Regulation
888 First Street, N.E.
Washington, D.C. 20426
Steve P. Rodgers, Director
Division of Electric Power Regulation - West
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