Universal Bioenergy Inc. (fka UBRG)

[irishlady]

FEDERAL ENERGY REGULATORY COMMISSION
Washington, D.C. 20426

OFFICE OF ENERGY MARKET REGULATION

In Reply Refer To:
NDR Energy Group, LLC
Docket No. ER13-454-002

February 12, 2013

Mr. Ken Harris
Chief Executive Officer
NDR Energy Group, LLC
401 North Tryon Street
Tenth Floor
Charlotte, North Carolina 28202
Reference: Market-Based Rate Authorization

Dear Mr. Harris:
On November 26, 2012, as amended on January 7, 2013, and January 15, 2013, you filed on behalf of NDR Energy Group, LLC (NDR Energy) an application for market-based rate authority with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity, and ancillary services at market-based rates. NDR Energy requests waivers commonly granted to similar market-based rate applicants.
Your filings were noticed on November 27, 2012, January 8, 2013, and January 15, 2013, with comments, protests or interventions due on or before December 17, 2012, January 28, 2013, and February 5, 2013, respectively. None was filed.
Pursuant to the authority delegated to the Director, Division of Electric Power Regulation - West, under 18 C.F.R. § 375.307, your submittals filed in the referenced docket are accepted for filing, effective November 26, 2012, as requested. Based on your representations, NDR Energy meets the criteria for a Category 1 seller in all regions and is so designated.
You state that NDR Energy is located in North Carolina, and intends to act as a power marketer. You further represent that NDR Energy’s owners are Universal Bioenergy, Varlos Energy Holdings, LLC, and private individuals, and that NDR Energy has no affiliate that owns or controls generation or transmission facilities. Further, you affirmatively state that NDR Energy has not erected barriers to entry and will not erect barriers to entry into the relevant market.
You represent that NDR Energy owns or controls less than 500 megawatts of generation in all regions. You further represent that NDR Energy does not own, operate or control transmission facilities in any region. You state that NDR Energy is not affiliated with a franchised public utility and does not present any other vertical market power concerns.
Market-Based Rate Authorization
The Commission allows power sales at market-based rates if the seller and its affiliates do not have, or have adequately mitigated, horizontal and vertical market power.
Based on your representations, NDR Energy’s submittals satisfy the Commission’s requirements for market-based rate authority regarding horizontal and vertical market power.
NDR Energy’s request for waiver of Subparts B and C of Part 35 of the Commission's regulations requiring the filing of cost-of-service information, except for sections 35.12(a), 35.13(b), 35.15 and 35.16 is granted. NDR Energy’s request for waiver of Part 41, Part 101, and Part 141 of the Commission’s regulations concerning accounting and reporting requirements is granted with the exception of 18 C.F.R. §§ 141.14 and 141.15. Notwithstanding the waiver of the accounting and reporting requirements here, NDR Energy is expected to keep its accounting records in accordance with generally accepted accounting principles.
NDR Energy requests blanket authorization under Part 34 of the Commission’s regulations for all future issuances of securities and assumptions of liability. A separate notice was published in the Federal Register establishing a period during which protests could be filed. None was filed. NDR Energy is authorized to issue securities and assume obligations or liabilities as guarantor, indorser, 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 NDR Energy, compatible with the public interest, and reasonably necessary or appropriate for such purposes.
NDR Energy must file electronically with the Commission Electric Quarterly Reports. NDR Energy further must timely report to the Commission any change in status that would reflect a departure from the characteristics the Commission relied upon in granting market-based rate authority in accordance with Order No. 697.
This action does not constitute approval of any service, rate, charge, classification, or any rule, regulation, or practice affecting such rate or service provided for in the filed documents; nor shall such action be deemed as recognition of any claimed contractual right or obligation affecting or relating to such service or rate; and such acceptance is without prejudice to any findings or orders which have been or may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against NDR Energy.
This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R § 385.713.
Questions regarding the above order should be directed to:

Federal Energy Regulatory Commission
Attn: Greg Basheda
Phone: [phone]
Office of Energy Market Regulation
888 First Street, N.E.
Washington, D.C. 20426

Sincerely,



Steve P. Rodgers, Director
Division of Electric Power
Regulation - West



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