2.5. ERMUSR 09-11-2012 - Laserfiche WebLink

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Docket No. TS11-2-000, et al. - 4 - Transmission Providers as they apply to municipal electric systems through the reciprocity requirement of the Commission's pro forma OATT.9 7. Owensboro claims that because it is a municipal corporation, it is a non-public utility10 and, thus, is not directly subject to the Commission's open access and related obligations;11 however, Owensboro states that its transition to open access transmission service could give rise to such obligations as a matter of reciprocity. Accordingly, Owensboro contends that it qualifies for a waiver under the Commission's criteria for small public utilities that dispose of no more than four million MWh of electricity annually.12 To support its request, Owensboro avers that it disposed of roughly 2.5 million MWh of electricity in each of the past two years.13 Additionally, Owensboro commits to inform the Commission within 30 days of any material changes in fact that could affect its continued eligibility for the waiver.14 8. Notice of Owensboro's filing was published in the Federal Register, 76 Fed. Reg. 19,355 (2011), with comments due on or before April 18, 2011. Louisville Gas and Electric Company (Louisville Gas) filed a timely motion to intervene and protest. Owensboro filed a motion for leave to file an answer and an answer to Louisville Gas' protest and, in turn, Louisville Gas filed a motion for leave to file an answer and an answer in response. Discussion 9. As a preliminary matter, Rule 214 of the Commission's Rules of Practice and Procedure, 18 C.F.R. § 385.214(a)(2) (2012), prohibits an answer to an answer unless otherwise ordered by the decisional authority. We will accept the answers filed by Owensboro and Louisville Gas, because they aided us in our decision-making process. 9 Owensboro Request at 1-2. 10 Section 201(f) of the Federal Power Act (FPA), provides, in part, that no provision of Part II of the FPA applies to a state, [or] political subdivision of a state .... that sells less than 4,000,000 megawatt hours of electricity per year. 16 U.S.C. § 824f (2006). 11 Owensboro Request at 5-6. 12 Id. at 7. 13 Id. 14 Id.