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To: vmatt
So is this very unsual, somewhat unusual or standard practice (for the DOE to grant these waivers)?
12 posted on 01/12/2002 10:37:12 AM PST by Stultis
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To: Stultis
So is this very unsual, somewhat unusual or standard practice (for the DOE to grant these waivers)?

Good question and it appeared unusual but I can't be sure I will look. Timing really sucked though, eh?

15 posted on 01/12/2002 10:44:07 AM PST by vmatt
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To: Stultis
So is this very unsual, somewhat unusual or standard practice (for the DOE to grant these waivers)?

I don't think it is unusual, a quick search found this:

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. ER98-2045-000]
Conectiv Energy Supply, Inc.; Notice of Issuance of Order
April 30, 1998.
Conectiv Energy Supply, Inc. (CES) filed an application for authorization to engage in wholesale sales of electric capacity and/or energy at market-based rates, and for certain waivers and authorizations. In particular, CES requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liabilities by CES. On April 29, 1998, the Commission issued an Order Conditionally Accepting For Filing Proposed Tariff For Market-Based Power Sales And Reassignment Of Transmission And Ancillary Service Rights (Order), in the above-docketed proceeding. The Commission's April 29, 1998 Order granted the request for blanket approval under Part 34, subject to the conditions found in Ordering Paragraphs (E), (F), and (H): (E) Within 30 days of the date of this order, any person desiring to be heard or to pretest the Commission's blanket approval of issuances of securities or assumptions of liabilities by CES 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. (F) Absent a request to be heard within the period set forth in Ordering Paragraph (E) above, CES is 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 CES, compatible with the public interest, and reasonably necessary or appropriate for such purposes. (H) 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 CES's issuance 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 May 29, 1998.

22 posted on 01/12/2002 10:51:00 AM PST by Always Right
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To: Stultis
And this

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER99-4020-000]
Allegheny Energy Supply Company;
Notice of Issuance of Order
October 4, 1999.
Allegheny Energy Supply Company (AE Supply) is a subsidiary of Allegheny Energy, Inc., (Allegheny) the registered holding company for Monongahela Power Company, Potomac Edison Company and West Penn Power Company (collectively, APS Operating Companies). Allegheny is planning to transfer all of West Penn's generating units to AE Supply. On August 6, 1999, AE Supply filed an application seeking authorization to sell electric energy and capacity to the APS Operating Companies and others for resale at market-based rates. AE Supply also requested certain waivers and authorizations. In particular, AE Supply requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liabilities by AE Supply. On September 30, 1999, the Commission issued an Order Accepting For Filing Proposed Market-Based Rates (Order), in the above-docketed proceeding. The Commission's September 30, 1999 Order granted the request for blanket approval under Part 34, subject to the conditions found in Ordering Paragraphs (C), (D), and (F): (C) Within 30 days of the date of issuance 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 AE Supply should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.211 and 385.214. (D) Absent a request to be heard within the period set forth in Ordering Paragraph (C) above, AE Supply is 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 AE Supply, compatible with the public interest, and reasonably necessary or appropriate for such purposes.

28 posted on 01/12/2002 10:54:59 AM PST by Always Right
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