Thursday, December 17, 2009

Extension Granted For Land Reports Due January 1st, 2010

On December 10, 2009, FERC granted an extension of time to comply with the requirement to report sites for which site control has not been demonstrated during the prior three years set forth in Order No. 697-C until 30 days after FERC issues an order on the requests for clarification and rehearing of Order No. 697-C.

Order No. 697-C requires a market-based rate Seller to report any land it has acquired, taken a leasehold interest in, obtained an option to purchase or lease, or entered into an exclusivity or other arrangement to acquire for the purpose of developing a generation site and for which site control has not yet been demonstrated during the prior three years (triggering event), and for which the potential number of megawatts that are reasonably commercially feasible on the land for new generation capacity development is equal to 100 megawatts or more. Each such triggering event is to be reported in a single report by January 1 of the year following the calendar year in which the triggering event occurred. The first such reports thus were due on January 1, 2010.

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