FERC has directed Bolt Energy Marketing, LLC, a new wholesale power marketer affiliated with LS Power, to provide Public Citizen with the privileged portions of Bolt Energy Marketing's market-based rate application, which includes confidential ownership information

Bolt Energy Marketing, LLC is an indirect subsidiary of LS Power Development, LLC (LSP Development). In its MBR application, Bolt Energy Marketing filed under seal the identities of the three entities with ownership interests in LSP Development. However, Bolt Energy Marketing did note that LSP Development is the general partner of LS Power Associates, L.P. ('LSP Associates') and the principal operating company (i.e., the employer of the majority of the staff) of its controlled subsidiaries. Through various subsidiaries, LSP Development develops, owns, and operates independent power projects and merchant transmission projects in the United States.

According to a FERC order, "Public Citizen states that on December 30, 2019, Public Citizen sent, via email to the four addresses listed for Bolt Energy Marketing on the FERC eService list, a signed copy of the non-disclosure agreement for access to the privileged parts of the application. Public Citizen states that it never received any response. Public Citizen states that it sent a second email on January 8, 2020, reminding Bolt Energy Marketing of its obligation to respond to the original December 30, 2019 request within five days. Public Citizen states that it again received no response."

FERC noted that Section 388.112(b) of the Commission's regulations provides that any person who is a participant in a proceeding or has filed a motion to intervene in the proceeding may make a written request to the filer for the complete, non-public version of the document. The request must include an executed copy of the protective agreement. A filer, or any other person, may file an objection to such disclosure.

FERC noted that, "Public Citizen has complied with section 388.112 of the Commission's regulations because it filed a motion to intervene and signed the protective agreement included with Bolt Energy Marketing's application. No one, including Bolt Energy Marketing, filed a timely objection to disclosure. Thus, Public Citizen should be granted access to the complete, non-public version of the application as governed by the terms of the protective agreement. Accordingly, we order Bolt Energy Marketing to provide Public Citizen with a complete, un-redacted copy of Bolt Energy Marketing's market-based rate application within five days of the date of this order."

Notably, Public Citizen has sought the information under a protective agreement

However, as previously reported, FERC has set precedent in an MBR case that the public release of ownership information of an entity seeking MBR authority is appropriate (see details here)

Docket No. ER20-660

Tags:
FERC   Bolt Energy Marketing   LS Power  

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