2.5. ERMUSR 09-11-2012 - Laserfiche WebLink

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Docket No. TS11-2-000, et al. - 8 - contends that its facilities qualify for a waiver because they are limited and discrete 69 kV substation equipment, such as breakers, switches, and transformers, located in individual substations in the Elk River area. Elk River adds that its transmission facilities have been subject to the functional operation and control of the Midwest Independent Transmission System Operator, to which all potential requests for transmission are directed. In the alternative, Elk River contends that it qualifies for a waiver because of its small size, as its facilities are minimal and its total sales for each of the past three years ranged from 220,000 to 250,000 MWhs, well below the Commission's criteria of 4,000,000 MWhs for a small utility.25 Elk Hills also argues that imposing a separation of functions barrier would be an undue burden because of its limited staff, e.g., one employee for both transmission and sales duties 26 Discussion 18. Based on the representations in its filing, we find that Elk River's transmission facilities qualify as limited and discrete, rather than as an integrated grid, and Elk River also meets the criteria for a small utility. Accordingly, we will grant Elk River's request for waiver of the requirements to comply with our Standards of Conduct and to maintain and establish an OASIS as they apply to municipal electric systems through the reciprocity requirements of the Commission's pro forma OATT. 19. The waiver of the requirement to establish an OASIS and the waiver of Standards of Conduct requirements will remain in effect absent subsequent action by the Commission as, for example, in response to a complaint that an entity evaluating its transmission needs could not get the information necessary to complete its evaluation 27 25 See Wolverine Power Supply Coop., Inc., 127 FERC 1161,159, at P 15 (2009) (reaffirming that only utilities disposing of under 4,000,000 MWh of energy annually meet the Commissions definition of small utility). See also Black Hills, 135 FERC ¶ 61,058 at PP 4-7. 26 Id. at 2. 27 Elk River must notify the Commission if there is a material change in facts that affect the waiver within 30 days of the date of such change. Material Changes Order, 127 FERC ¶61,141 atP5.