Horizontal Market Power Sample Clauses

Horizontal Market Power. In Order No. 697, the Commission adopted, with certain modifications, two indicative horizontal market power screens: (1) the wholesale market share screen; and (2) the pivotal supplier screen.11 The Commission has advised that the relevant market for applying these screens is the balancing authority area in which a generation resource is located, provided the 10 Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services By Public Utilities, FERC Stats. & Regs. ¶ 31,252 (2007) (Order No. 697), reh’g, FERC Stats. & Regs. ¶ 31,268 (2008) (Order No. 697-A), reh’g, FERC Stats. & Regs. ¶ 31,285 (2008) (Order No. 697-B), reh’g, FERC Stats. & Regs. ¶ 31,291 (2009) (Order No. 697-C), reh’g, FERC Stats. & Regs. ¶ 31,305 (2010) (Order No. 697-D). 11 See Order No. 697 at PP 33-35. resource is interconnected to a non-affiliate owned or controlled transmission system.12 Sellers that fail either screen will be rebuttably presumed to have market power. In this instance, all of the generation capacity that will be owned or controlled by Mammoth Three – following the transfer from Mammoth-Pacific described above – is located in the balancing authority area of the California Independent System Operator Corporation (“CAISO”). Several affiliates of Mammoth Three also own or control generation resources within the CAISO balancing authority area. In total, Mammoth Three will own, control, or be affiliated with a total of 40 MW of generation capacity within the CAISO, as reflected in the asset charts provided in Appendix B. All of the output from the generation capacity that will be owned or controlled by Mammoth Three and its affiliates within the CAISO balancing authority area is fully committed under long-term sales agreements to non-affiliated third-party purchasers. Similarly, all of the generation capacity that is owned or controlled by Mammoth Three and its affiliates in balancing authority areas that are directly connected to the CAISO balancing authority area (i.e., tier one markets) is also fully committed under long-term sales agreements to non-affiliated third-party purchasers. Under these circumstances, the Commission has found that sellers lack horizontal market power without having to apply either the wholesale market share screen or the pivotal suppler screen (as those screens are applied based on a seller’s level of 12 See id. at P 232, n. 217 (explaining that, “[w]here a generator is interconnecting to a non-affiliate owned or co...
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Related to Horizontal Market Power

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