2.5. ERMUSR 09-11-2012 - Laserfiche WebLink

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Docket No. TS 11-2-000, et al. - 9 - II. Request for Continued Waiver Despite Material Change in Facts A. Docket No. TSO4-281-001 Background 20. On May 1, 2007, the Commission granted a request by Northern States Power Company and Northern States Power Company, Wisconsin (collectively, the NSP Companies) for a partial waiver of the Commission's Standards of Conduct requirements based on, among other matters, three separate findings that the NSP Companies' operations at issue only involved a de minimis amount of sales.2S The order directed the NSP Companies to notify the Commission if a material change in circumstances arose.29 21. On July 13, 2009, Xcel Energy Services Inc. (Xcel) on behalf of its affiliates (i.e., the NSP Companies) filed notice of a material change in facts and a request for a continued waiver.30 Xcel reports that one of the NSP customers who previously received unbundled "provider of last resort" service now receives "bundled" electric retail service from the NSP Companies at rates regulated by the Minnesota Public Utilities Commission. Xcel adds that no other changes have occurred. Accordingly, Xcel asks the Commission to continue the remaining partial waivers that the Commission granted in the 2007 NSP Order. Discussion 22. After the NSP Companies were granted their waivers in 2007, the Commission, in Order No. 717,31 amended the definition of marketing function/affiliate, which was established in Order No. 2004. Specifically, under the new definition, "unbundled sales" by a provider of last resort are excluded from the definition of the marketing function.32 This being the case, the NSP Companies no longer need a Standards of Conduct waiver because, absent changed circumstances, they are not subject to the requirements for which they have in the past obtained a waiver. Thus, we will dismiss the request for a 28 Northern States Power Company and Northern States Power Company (Wisconsin), 119 FERC ¶ 61,103, PP 11, 13 & 16 (2007) (2007 NSP Order). 29 Id. P 16. 30 Xcel Notice at 1-2. 31 See supra n.1. 32 See 18 C.F.R. § 358.3(c)(1) (2012).