2.5. ERMUSR 09-11-2012 - Laserfiche WebLink

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- 8 - "limited and discrete" standard for waivers established in Black Creek Hydro has not been modified(id. PP 3, 6) and, in the context of this case, Elk River submits, its very small size is also relevant. In Black Creek Hydro,the Commission ruled on rehearing that it would waive the reciprocity obligation for a utility capable of demonstrating that it owns, operates, or controls only"limited and discrete transmission facilities (facilities that do not form an integrated transmission grid)."Black Creek Hydro, Inc., 77 FERC IT 61,232, at 61,941 (1996) (citing N. States Power Co., 76 FERC ¶61,250, at 62,297 (1996)). This was consistent with the order below, where the Commission found that a waiver is appropriate where "any transmission facilities that the applicant owns or controls are limited and discrete transmission facilities that do not form an integrated transmission grid(e.g., a single transmission line)."N. States Power Co., 76 FERC¶61,250, at 62,297. Elk River qualifies for a waiver under the "limited and discrete" standard established in Black Creek Hydro and reaffirmed in Black Hills Power on April 21, 2011. In Black Creek Hydro, the Commission found that where an applicant's facilities were, for example, limited to an individual transmission line, they would be deemed limited and discrete. Id. Elk River's facilities qualify because they are limited to discrete pieces of 69 kV equipment, such as breakers, switches, and transformers, located in individual substations in the Elk River area.12 Elk River's facilities are surrounded by the system of Nos. 888 and 889.Order No.717 did not change those criteria.")(citations omitted). 12 See Attachment A,One-Line Diagrams of Station 14 Substation,Otsego Substation,Waco Substation, North Substation,and West Substation. We note that,as indicated on the West Substation one-line diagram,there is a single 69 kV switch owned by Elk River but operated by Great River Energy that is connected directly to Great River Energy's transmission grid. It is located just outside the fence of the West Substation.