Oooooooooh. Now there's a scandal. Waivers to sell at market rates... < /SARCASM >
Posted on 01/12/2002 9:35:48 AM PST by vmatt
[Federal Register: May 15, 2001 (Volume 66, Number 94)] [Notices] [Page 26849] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15my01-64]
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. ER01-1394-000, et al.]
Enron Energy Services, Inc., et al.; Notice of issuance of Order
May 9, 2001.
Enron Energy Services, Inc., et al. (Enron Energy) submitted for filing a rate schedule under which Enron Energy will engage in wholesale electric power and energy transactions at market-based rates. Enron Energy also requested waiver of various Commission regulations. In particular, Enron Energy requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Enron Energy.
On April 27, 2001, pursuant to delegated authority, the Director, Division of Corporate Applications, Office of Markets, Tariffs and Rates, granted requests for blanket approval under Part 34, subject to the following:
Within thirty days of the date of the order, any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by Enron Energy 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).
Absent a request to be heard in opposition within this period, Enron Energy is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of the applicant, and compatible with the public interest, and is reasonably necessary or appropriate for such purposes.
The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approval of Enron Energy's issuances of securities or assumptions of liability.
Notice is hereby given that the deadline for filing motions to intervene or protests, as set forth above, is May 29, 2001. 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 Internet at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.200(a)(1)(iii) and the instructions on the Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.
David P. Boergers, Secretary. [FR Doc. 01-12146 Filed 5-14-01; 8:45 am] BILLING CODE 6717-01-M
Oooooooooh. Now there's a scandal. Waivers to sell at market rates... < /SARCASM >
On April 27, 2001, pursuant to delegated authority, the Director, Division of Corporate Applications, Office of Markets, Tariffs and Rates, granted requests for blanket approval under Part 34, subject to the following: Within thirty days of the date of the order, any person desiring to be heard or to protest the blanket approval of issuances of securities or assumptions of liability by Enron Energy 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).
Absent a request to be heard in opposition within this period, Enron Energy is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of the applicant, and compatible with the public interest, and is reasonably necessary or appropriate for such purposes.
The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approval of Enron Energy's issuances of securities or assumptions of liability.
CFR 18 part 34 is here. What I interpret this to mean is that DOE requires each issuance of securities to be approved, which of course requires all requisite current financial info to be provided for each application of issuance. In addition, each issuance would be scrutinized to make sure it was on the up and up. This look like what is waived, and only if someone protested would the issuance be looked at.
In otherwards, no one was keeping track of these issuances to see if Enron was assuming too much liability and endangering their financial position. This is not good news for the admin.
34.1c: "(c) Exemptions. (1) If an agency of the State in which the utility is organized and operating approves or authorizes, in writing, the issuance of securities prior to their issuance, the utility is exempt from the provisions of sections 19, 20 and 204 of the Federal Power Act and the regulations under this part, with respect to such securities. "
"34.1c.3: (3) For certain qualifying facilities. Any cogeneration or small power production facility which is exempt from sections 19, 20 and 204 of the Federal Power Act pursuant to Sec. 292.601 of this chapter shall be exempt from the provisions of this part. "
These are the only reasons for exemptions I can find.
Whichever was used, there is no fault in following regulations.
I agree. The administration allowed Enron to keep the deception going. This is not good.
That was a great idea to look through the Register.
It was probably issued because "(c) Exemptions. (1) If an agency of the State in which the utility is organized and operating approves or authorizes, in writing, the issuance of securities prior to their issuance, the utility is exempt from the provisions of sections 19, 20 and 204 of the Federal Power Act and the regulations under this part, with respect to such securities. "
...but without the application we really don't know.
Enron received a blanket waiver from all of part 34, you're looking at regular exemptions.
Good question and it appeared unusual but I can't be sure I will look. Timing really sucked though, eh?
If you find another authority in 18 CFR Part 34 to grant waivers please post it.
Oh yeah, good catch!
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