[Federal Register: May 8, 1998 (Volume 63, Number 89)] [Notices] [Page 25465-25466] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr08my98-42] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EG98-70-000] Duke Energy Morro Bay LLC; Notice of Application for Commission Determination of Exempt Wholesale Generator Status May 4, 1998. Take notice that on April 24, 1998, Duke Energy Morro Bay LLC (Morro Bay), filed with the Federal Energy Regulatory Commission (Commission) an application for determination of exempt wholesale generator status pursuant to Part 365 of the Commission's Regulations. Morro Bay is a Delaware limited liability corporation and an indirect wholly-owned subsidiary of Duke Energy Corporation. Morro Bay's facility consists of four natural gas-fired generating units with a combined generating capacity of 1,002 MW. Morro Bay states that prior to its purchase of the facility from Pacific Gas & Electric (PG&E), the facility was part of PG&E's integrated system. Therefore, a rate or charge in connection with this facility was in effect under the laws of California on October 24, 1992. On December 16, 1997, the Public Utilities Commission of the State of California (CPUC), issued an interim opinion which concluded that allowing the facility to be an exempt wholesale generator within the meaning of PUHCA would be in the public interest, [[Page 25466]] would benefit consumers, and would not violate California law. Morro Bay attached a copy of the CPUC opinion to its application. Morro Bay further states that copies of the application were served upon the California Power Exchange, the Securities and Exchange Commission, the South Carolina Public Service Commission, the North Carolina Utilities Commission, and the CPUC. Any person desiring to be heard concerning the application for exempt wholesale generator status should file a motion to intervene or comments 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). The Commission will limit its consideration of comments to those that concern the adequacy or accuracy of the application. All such motions and comments should be filed on or before May 15, 1998 and must be served on the applicant. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. Linwood A. Watson, Jr. Acting Secretary. [FR Doc. 98-12220 Filed 5-7-98; 8:45 am] BILLING CODE 6717-01-M