NOPR Tariff Formulas Breed Discontent

The Federal Energy Regulatory Commission (FERC) has denied rehearing of an order authorizing Duke Energy Marketing Corp. and two affiliates, Duke Energy Marketing Corp. and Duke/Louis Dreyfus L.L.C., to sell power at market-based rates (Docket Nos. ER95-755-001, et al.). The

tariffs, which were previously set for hearing, are subject to FERC's final ruling on the Notice of Proposed Rulemaking (NOPR) on open-access.

Duke argued that its proposed transmission rates should not have been set for hearing because it followed the NOPR's guidelines as well as the FERC's guidance orders [American Electric Power Service Corp., et al., 70 FERC ¶ 61,358 (1995) order on reh'g, 71 FERC ¶ 61,393 (1995) order on reh'g, 72 FERC ¶ 61,287 (1995)].