UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Kansas City Power & Light Company ) Docket Nos. ER10-230-000 and KCP&L Greater Missouri ) Operations Company ) EMERGENCY JOINT MOTION OF KANSAS CITY POWER & LIGHT COMPANY, KCP&L GREATER MISSOURI OPERATIONS COMPANY, AND SOUTHWEST POWER POOL, INC. FOR INTERIM RATES AND REQUEST FOR EXPEDITED ACTION To: Chief Administrative Law Judge Curtis L. Wagner, Jr. Pursuant to Rule 212 of the Federal Energy Regulatory Commission s ( FERC or Commission ) Rules of Practice and Procedures, 18 C.F.R. 385.212, Kansas City Power & Light Company, KCP&L Greater Missouri Operations Company (collectively KCP&L/GMO ), and Southwest Power Pool, Inc. ( SPP ) submit this Emergency Joint Motion for Interim Rates and Request for Expedited Action ( Motion ) in order to extend, on an interim basis, KCP&L/GMO s and SPP s authority to implement a rate change for KCP&L/GMO, which are transmission owners and two separate pricing zones under the SPP Open Access Transmission Tariff ( OATT ). KCP&L/GMO and SPP request that their interim rate authority be extended from the final resolution of Docket No. ER10-230-000 until the date the Commission accepts the Commission s acceptance of KCP&L/GMO s and SPP s compliance filings incorporating the settlement into the GMO and SPP OATTs. I. BACKGROUND As a Regional Transmission Organization ( RTO ), SPP administers the provision of open access transmission service on a regional basis across the facilities of
the SPP transmission owners. 1 SPP s Tariff uses zonal rates where the rates for deliveries to points of delivery ( POD ) or load within the SPP region are based on the zone in which the POD or load is located. 2 Rates for through-and-out transactions are based on the zone from which the power exits the SPP transmission system. 3 The transmission owner controls the filing of rate changes for its zone. SPP, in turn, in administering its Tariff, will make filings necessary to incorporate such rate changes into SPP s Tariff. On September 29, 2010, KCP&L/GMO submitted in this proceeding a settlement ( Settlement ) resolving all outstanding issues regarding KCP&L/GMO s proposal to implement a transmission cost of service formula rate for transmission services over KCP&L/GMO s transmission facilities. Concurrently, KCP&L/GMO and SPP jointly sought permission from the Chief Administrative Law Judge ( ALJ ) to implement the KCP&L/GMO Settlement rates on an interim basis pending the Commission s order accepting KCP&L/GMO s and SPP s compliance filings to incorporate the settlement into the GMO OATT and the SPP OATT. 4 On October 6, 2010, the Chief ALJ granted 1 2 3 4 See Sw. Power Pool, Inc., 89 FERC 61,084 (1999); Sw. Power Pool, Inc., 86 FERC 61,090 (1999); Sw. Power Pool, Inc., 82 FERC 61,267 (1998). See SPP Tariff, Schedules 7 9. See id. See Unopposed Joint Motion of Kansas City Power & Light Company, KCP&L Greater Missouri Operations Company, and Southwest Power Pool, Inc. for Interim Rate Relief and Request for Expedited Action, Docket No. ER10-230- 000, at 1-2, 4, 5, 7 (Sept. 29, 2010). 2
KCP&L/GMO s and SPP s request to implement the KCP&L/GMO Settlement rates on an interim basis until the final resoution of this proceeding. 5 KCP&L/GMO and SPP are in the process of preparing filings to incorporate the KCP&L/GMO Settlement rates into the KCP&L/GMO and SPP OATTs, and will request that the Commission accept KCP&L/GMO s and SPP s filings concurrently with the Settlement. However, under the Chief ALJ Order, KCP&L/GMO s and SPP s interim approval to charge the KCP&L/GMO Settlement rates will expire on the date the Commission accepts the Settlement and terminates Docket No. ER10-230-000. In the event the Commission terminates Docket No. ER10-230-000 and KCP&L/GMO and SPP have not yet made their filings to incorporate the KCP&L/GMO Settlement rates into their respective OATTS or if their filings are pending with the Commission, KCP&L/GMO s and SPP s authority to implement KCP&L/GMO s Settlement rates will expire. To fill any possible gap between the Commission s termination of Docket No. ER10-230-000 and the date the Commission accepts KCP&L/GMO s and SPP s filings to incorporate the KCP&L/GMO Settlement rates into their respective OATTs, KCP&L/GMO and SPP require an extension of the permission granted in the Chief ALJ Order. II. EMERGENCY MOTION FOR INTERIM RATES In order to ensure KCP&L/GMO s and SPP s ability to implement KCP&L/GMO s Settlement rates for transmission service applicable to the KCP&L/GMO pricing zones, KCP&L/GMO and SPP respectfully request that the Chief 5 Kansas City Power & Light Company and Kansas City Power & Light Company Greater Missouri Operations Co., Order of Chief Judge Granting Motion for Interim Rate Relief, Docket No. ER10-230-000, at 4 (Oct. 6, 2010) ( Chief ALJ Order ). 3
ALJ amend the Chief ALJ Order and extend KCP&L/GMO s and SPP s authority to implement KCP&L/GMO s Settlement rates on an interim basis until the date the Commission accepts KCP&L/GMO s and SPP s filings to formally incorporate the KCP&L/GMO Settlement rates into the KCP&L/GMO and SPP OATTs. Good cause exists for granting KCP&L/GMO s and SPP s Emergency Motion because without such approval, KCP&L/GMO and SPP could lose their authority to implement for the KCP&L/GMO pricing zones the Settlement formula rates if the Commission terminates Docket No. ER10-230-000 prior to its acceptance of KCP&L/GMO s and SPP s filings incorporating the Settlement into the KCP&L/GMO and SPP OATTs. This would produce an unnecessary gap between the Commission s termination of Docket No. ER10-230-000 and the Commission s approval of KCP&L/GMO s and SPP s incorporation of the KCP&L/GMO Settlement rates into the KCP&L/GMO and SPP OATTs during which KCP&L/GMO and SPP would be unable to collect the KCP&L/GMO Settlement rates. Granting KCP&L/GMO s and SPP s request would preserve the benefits of the Settlement and the Chief ALJ Order, as the parties contemplated. In addition, the Chief ALJ has previously modified his orders granting interim rate authority to ensure there is no gap in the implementation of the settlement rate. 6 Therefore, granting KCP&L/GMO and SPP s request to implement KCP&L/GMO s interim rates is in the public interest. 6 See Am. Elec. Power Serv. Corp., Order of Chief Judge Granting Interim Rates, Docket No. ER07-1069-000 (Sept. 23, 2009); See Okla. Gas & Electric Co., Order of Chief Judge Granting Interim Rates, Docket No. ER08-281-000 (Sept. 23, 2009) (extending interim authority to implement settlement rates until the Commission s acceptance of SPP s filing to incorporate settlement rates into SPP OATT). 4
III. REQUEST FOR EXPEDITED ACTION KCP&L/GMO and SPP request that the Chief Judge establish a shortened notice period of four days for responses to this Joint Motion, making such responses due on October 21, 2010. Because KCP&L/GMO and SPP are merely seeking to preserve interim rate authority that has already been granted by the Chief ALJ, KCP&L/GMO and SPP do not anticipate any opposition to this Joint Motion. Therefore, KCP&L/GMO and SPP request the Chief ALJ to grant this Joint Motion no later than October 22, 2010. KCP&L/GMO and SPP also request waiver of any applicable requirements, including waiver of the 60-day notice and filing requirement, necessary to extend KCP&L/GMO s and SPP s interim rate authority from the final resolution of Docket No. ER10-230-000 until the date the Commission accepts the Commission s acceptance of KCP&L/GMO s and SPP s compliance filings incorporating the Settlement into the GMO and SPP OATTs. 5
Respectfully submitted, Matthew K. Segers Gerard A. Clark, Esq. Jerry L. Pfeffer, Energy Industries Advisor Skadden, Arps, Slate, Meagher & Flom LLP 1440 New York Avenue, N.W. Washington, DC 20005 (202) 371-7000 gclark@skadden.com Denise Buffington, Esq. Corporate Counsel Charles Locke Manager Regulatory Affairs Kansas City Power & Light Company P.O. Box 418679 Kansas City, MO 64141 (816) 556-2200 denise.buffington@kcpl.com Matthew K. Segers, Esq. WRIGHT & TALISMAN, P.C. 1200 G Street, N.W., Suite 600 Washington, DC 20005 (202) 393-1200 segers@wrightlaw.com Counsel for Southwest Power Pool, Inc. On Behalf of Kansas City Power & Light Company and KCP&L Greater Missouri Operations Company October 15, 2010 K:\SPP\1001-1204-258 (KCPL INTERIM RATE FILING MOTION).DOC 6
CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon each person designated on the official service list compiled by the Secretary in this proceeding. Dated at Washington, DC, this 15th day of October, 2010. Matthew K. Segers Matthew K. Segers WRIGHT & TALISMAN, P.C. 1200 G Street, NW, Suite 600 Washington, D.C. 20005 (202) 393-1200 (202) 393-1240 (fax) Attorney for Southwest Power Pool, Inc.