9. In the consultation order, the Commission noted that it did not check whether sellers who are found to have market power or who are presumed to be allowed to continue to use the non-tariff terms under the WSPP agreement; The Commission also did not consider transfer rates under the WSPP agreement. Furthermore, in the regulation of 21 February, the Commission stressed that the finding would concern only a limited number of sellers. The Commission expressly stated that it did not require each WSPP member to pay or justify the use of the WSPP agreement tax or to submit an individual rate based on costs. Instead, the Commission has only required jurisdictional sellers who do not have a market-based tariff authorization or sellers who lose or abandon their market-based tariff power (including sellers who currently use the WSPP agreement as a reduction) to require that costs be justified to demonstrate that the use of the WSPP application fee is fair and reasonable for those sellers. Only if these sellers are unable to justify the application fee should they submit a separate, stand-alone tariff plan that could be consistent with the non-tariff terms of the WSPP agreement. As a result, only a limited number of distribution companies are affected by the February 21 order.  11. SPG and Xcel also propose that the Commission allow the inclusion of individual tariffs in tariff plans in the WSPP agreement. They argue that the February 21 regulation requirement that sellers who cannot justify the tax on demand must submit a separate and self-contained tariff plan reduces the effectiveness of some WSPP members and results in a potential waste of Commission resources.
SPG and Xcel refer to the need for additional credit checks and reservations, as well as many possible changes to the cure plan, such as examples of requirements that will deter potential trading partners from entering into agreements with WSPP members. In general, the parties ensure that they have the power to carry out transactions and execute the terms of the agreements.