[Federal Register: April 9, 1998 (Volume 63, Number 68)]
[Notices]               
[Page 17395-17396]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap98-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER98-1033-000]

 
Automated Power Exchange, Inc.; Notice of Issuance of Order

April 3, 1998.
    Automated Power Exchange, Inc. (APX) filed an application 
requesting that the Commission disclaim jurisdiction over its operation 
of an automated, computerized information exchange through which 
sellers and buyers will trade in electric power and energy for physical 
delivery in stated hourly markets. In the alternative, APX requested 
that if the Commission found that it was a public utility, that the 
Commission grant APX market-based rate authority and accept for filing 
its rate schedule to become effective January 1, 1998, and grant APX 
certain filing requirements, waivers and authorizations. In particular, 
APX requested that the Commission grant blanket approval under 18 CFR 
Part 34 of all future issuances of securities and assumptions of 
liabilities by APX. On March 25, 1998, the Commission issued an Order 
Asserting Jurisdiction, Conditionally Granting Market-Based Rate 
Authority, And Granting And Denying Waivers (Order), in the above-
docketed proceeding. On March 27, 1998, The Commission issued an Errata 
Notice that corrected two of the ordering paragraphs.
    The Commission's March 25, 1998 Order granted the request for 
blanket approval under Part 34, subject to the conditions found in 
Ordering Paragraphs (E), (G), and (O):
    (E) Within 30 days of the date of this order, any person desiring 
to be heard or to protest the Commission's blanket approval of 
issuances of securities or assumptions of liabilities by APX should 
file a motion to intervene or protest 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.
    (G) The Commission reserves the right to modify this order to 
require a further showing that neither public nor private interests 
will be adversely affected by continued Commission approval of APX's 
issuances of securities or assumptions of liabilities. . . .
    (O) Absent a request to be heard within the period set forth in 
Ordering Paragraph (E) above, APX is hereby authorized to issue 
securities and assume obligations and liabilities as

[[Page 17396]]

guarantor, endorser, surety or otherwise in respect of any security of 
another person; provided that such issue or assumption is for some 
lawful object within the corporate purposes of APX, compatible with the 
public interest, and reasonably necessary or appropriate for such 
purposes.
    Notice is hereby given that the deadline for filing motions to 
intervene or protest, as set forth above, is April 24, 1998.
    Copies of the full text of the Order are available from the 
Commission's Public Reference Branch, 888 First Street, NE., 
Washington, DC 20426.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-9303 Filed 4-8-98; 8:45 am]
BILLING CODE 6717-01-M