Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on April 20, 2023, pursuant to the sunshine notice released on April 13, 2023.
In this issue…
- Electric Items
- Hydro Items
- Certificate Items
Electric
E-1 – Incentives for Advanced Cybersecurity Investment (Docket No. RM22-19-000). On September 22, 2022, the Commission issued a Notice of Proposed Rulemaking (NOPR), initiating a proceeding to explore revisions to section 219A of the Federal Power Act (FPA) in order to provide incentive-based rate treatments by encouraging utilities under Commission jurisdiction to invest in advanced cybersecurity technology. Additionally, the NOPR solicited feedback pertaining to potential utility participation in cybersecurity threat information sharing programs, pursuant to the Infrastructure Investment and Jobs Act of 2021. The NOPR proposed that eligible cybersecurity expenditures undertaken by utilities must: 1) materially improve cybersecurity; and 2) not already be mandated by an existing Critical Infrastructure Protection (CIP) Reliability Standard, or any applicable local, state, or federal law. The NOPR also contemplated if the Commission should adopt a potential alternative approach, whereby the cybersecurity expenditures by a utility would be evaluated on a case-by-case basis to determine incentive eligibility. If granted, the incentive given to an eligible utility would be either a 200-basis point return on equity (ROE) adder or deferred cost recovery for certain cybersecurity expenditures which would enable the utility to defer expenses and include the unamortized portion in its rate base. A number of stakeholders, ranging from utility companies to state public utility commissions to trade groups, filed comments responsive to the regulatory framework revisions and proposals furnished in the NOPR. Comments were broadly supportive, with some direct references to ensuring that utilities that already participate in cybersecurity programs be afforded the same eligibility as new entrants; including other costs to be deferred as a regulatory asset (such as training, implementation, and software expenses); and additional clarity on the pre-qualified list (PQ List) and the pre-approved measures of cybersecurity that would comprise the PQ List for automatic approval, among others. Agenda item E-1 may be an order on the NOPR relating to cybersecurity incentives.
E-2 – Data Collection for Analytics and Surveillance and Market-Based Rate Purposes (Docket No. RM16-17-001); DDP Specialty Electronic Materials US, Inc. (Docket No. ER21-331-000); MC (US) 3, LLC (Docket No. ER21-330-000). On July 18, 2019, pursuant to section 205 of the FPA, the Commission issued Order No. 860, Data Collection for Analytics and Surveillance and Market-Based Rate Purposes establishing, amongst other things, a relational database (RDB) to collect market-based rate information from sellers granted market-based rate authorization by the Commission. On August 16, 2019 and August 19, 2019, respectively, numerous entities requested rehearing, and or clarification, of Order No. 860. The Commission issued Order No. 860-A on rehearing and clarification on February 20, 2020. Order No. 860 went into effect and market-based rate sellers were required to submit baseline submissions into the RDB by February 1, 2022. On September 22, 2022, the Commission issued an order on the intent to revoke market-based rate authority (MBR authority), stating that the entities captioned in the order failed to file their baseline submissions into the RDB, and in accordance with Orders No. 860 and 860-A, must file their baseline submissions within 15 days in order to preserve their respective MBR authority. Agenda item E-2 may be an order on the outstanding baseline submissions and the status of MBR authority for entities that did not comply with the timeline as set forth in the September 22 order.
E-3 – Office of the Ohio Consumers' Counsel v. American Electric Power Service Corporation, American Transmission Systems, Inc., and Duke Energy Ohio, LLC (Docket No. EL22-34-001). On July 15, 2021, the Commission issued an order rejecting the request of The Dayton Power & Light Company (Dayton) to be granted a 50-basis point regional transmission organization (RTO) adder to its ROE for participation in PJM Interconnection, LLC (PJM). In the order, the Commission found that Ohio state law mandated that Dayton must belong to an RTO, and therefore, it would be unjust and unreasonable for the Commission to require that customers in Ohio pay an incentive for behavior already compelled at the state level where the utility operates. On February 24, 2022, the Office of the Ohio Consumers' Counsel (OCC) filed a formal complaint against American Electric Power Service Corporation, American Transmission Systems, Inc., and Duke Energy Ohio, LLC (collectively, the Ohio Utilities). In the complaint, OCC alleged that the Ohio Utilities are also ineligible for the 50-basis point RTO adder given the same Ohio state law requiring their membership in PJM. Agenda item E-3 may be an order on the complaint levied by OCC against the Ohio Utilities.
E-4 – Omitted
E-5 – New York Independent System Operator, Inc. (Docket No. ER21-2460-003). On July 19, 2021, the New York Independent System Operator, Inc. (NYISO) submitted an amendment to its Tariff in compliance with Order No. 2222 as released by the Commission on September 17, 2020. Pursuant to the guidance furnished in Order No. 2222, NYISO proposed to revise the provisions of its Tariff in order to remove barriers to distribute energy resource aggregations (DERAs) participating in the capacity, energy, and ancillary services markets. In the filing, NYISO asserted that it has preemptively incorporated DERAs into its grid since January 23, 2020, when the Commission accepted its DER and Aggregation participation model independently of any such proceeding or rulemaking that led to the issuance of Order No. 2222. NYISO stated that the changes to its Tariff relating to DERAs would, among others: require facilities within a DERA to electronically connect to the same transmission node; require DERA providers to submit information and data about both the individual facilities comprising the DERA and the aggregation itself; and address metering and telemetry requirements. On October 1, 2021, the Commission issued a letter to NYISO seeking additional information necessary to process the July 19 filing and proposed Tariff revisions. On November 19, 2021, NYISO filed a response to the October 1 letter, providing the supplemental information as requested. On June 17, 2022, the Commission issued an accepting the proposal, stating that the NYISO Tariff amendments were in compliance with the directives furnished in Order No. 2222 and instructing NYISO to submit a compliance filing within 60 days of the issuance of the order. On July 18, 2022, NYISO filed Request for Clarification or, in the Alternative, Rehearing of the June 17 order, concerning the limited clarification of language on ancillary services provided by a heterogeneous aggregation. On that same day, Natural Resources Defense Council, Sustainable FERC Project, and Advanced Energy Economy (collectively, Clean Energy Advocates) filed a Request for Rehearing of the June 17 order arguing that Commission did not find a reasoned basis for determining NYISO's proposed DER definition complies with Order No. 2222. On October 24, 2022, the Commission issued an order addressing the arguments raised in the respective rehearing requests, upholding and modifying the June 17 approval order by finding that the proposal by NYISO continues to include a technology-neutral definition of DER. On November 14, 2022 and November 15, 2022, respectively, NYISO submitted compliance filings pursuant to its implementation of the Tariff amendments. Agenda item E-5 may be an order on the compliance filings by NYISO relating to Order No. 2222 implementation.
E-6 – New York Independent System Operator, Inc. (Docket No. ER22-2350-000). On July 12, 2022, NYISO submitted proposed revisions to its Open Access Transmission Tariff (OATT) pursuant to Order Nos. 881 and 881-A. Specifically, Order No. 881 revised the pro forma OATT to improve the accuracy and transparency of electric transmission line ratings in order to implement ambient-adjusted ratings on transmission lines. Additionally, Order No. 881 required that season line ratings be made available for use to perform a variety of transmission-related functions. In the filing, NYISO stated that it has dynamic line rating functionality in place for transmission owners to modify line ratings in real-time and will continue to allow adjustments consistent with Order No. 881. Agenda item E-6 may be an order on the proposed revisions to the OATT responsive to Order No. 881 by NYISO.
E-7 – California Independent System Operator Corporation (Docket No. ER22-2362-000). On July 12, 2022, California Independent System Operator Corporation (CAISO) submitted proposed revisions to its OATT pursuant to Order Nos. 881 and 881-A. Specifically, Order No. 881 revised the pro forma OATT to improve the accuracy and transparency of electric transmission line ratings in order to implement ambient-adjusted ratings on transmission lines. Additionally, Order No. 881 required that season line ratings be made available for use to perform a variety of transmission-related functions. Agenda item E-7 may be an order on the proposed revisions to the OATT responsive to Order No. 881 by CAISO.
E-8 – Tampa Electric Company (Docket No. ER22-1546-000). On April 1, 2022, Tampa Electric Company (TECO) submitted proposed revisions to its OATT pursuant to Order Nos. 881 and 881-A. Specifically, Order No. 881 revised the pro forma OATT to improve the accuracy and transparency of electric transmission line ratings in order to implement ambient-adjusted ratings on transmission lines. Additionally, Order No. 881 required that season line ratings be made available for use to perform a variety of transmission-related functions. Agenda item E-8 may be an order on the proposed revisions to the OATT responsive to Order No. 881 by TECO.
E-9 – Black Hills Power, Inc. (Docket No. ER22-2303-000). On July 8, 2022, Black Hills Power, Inc. (Black Hills) submitted proposed revisions to its OATT pursuant to Order Nos. 881 and 881-A. Specifically, Order No. 881 revised the pro forma OATT to improve the accuracy and transparency of electric transmission line ratings in order to implement ambient-adjusted ratings on transmission lines. Additionally, Order No. 881 required that season line ratings be made available for use to perform a variety of transmission-related functions. Agenda item E-9 may be an order on the proposed revisions to the OATT responsive to Order No. 881 by Black Hills.
E-10 – Arizona Public Service Company (Docket No. ER22-1863-001). On May 12, 2022, Arizona Public Service Company (APS) submitted proposed revisions to its OATT pursuant to Order Nos. 881 and 881-A. Specifically, Order No. 881 revised the pro forma OATT to improve the accuracy and transparency of electric transmission line ratings in order to implement ambient-adjusted ratings on transmission lines. Additionally, Order No. 881 required that season line ratings be made available for use to perform a variety of transmission-related functions. Agenda item E-10 may be an order on the proposed revisions to the OATT responsive to Order No. 881 by APS.
E-11 – Louisville Gas and Electric Company (Docket No. ER22-2305-000). On December 16, 2021, the Commission issued Order No. 881 requiring a revision to the pro forma Open Access Transmission Tariff and the transmission line ratings practices of Transmission Owners and Transmission Providers to accommodate the use of ambient-adjusted ratings on transmission lines. On July 8, 2022, Louisville Gas and Electric Company and Kentucky Utilities Company (LG&E/KU) submitted for filing a new pro forma Attachment T, Transmission Line Ratings, in compliance with the Commission's directives of Order No. 881. Agenda item E-11 may be an order on LG&E/KU's proposed new Attachment T.
E-12 – NRG Power Marketing LLC (Docket No. ER22-1539-001). On April 1, 2022, pursuant to section 205 of the Federal Power Act (FPA), NRG Power Marketing LLC (NRG-PML), on behalf of Indian River Power LLC (Indian River) submitted a Reliability Must-Run Schedule Electric, Rate Schedule FERC No. 3 (RMR Rate Schedule) for the provision of reliability must-run (RMR) service from Indian River Unit 4 (Unit 4). On May 31, 2022, the Commission issued an order accepting for filing the RMR Rate Schedule, suspend it for a nominal period, to become effective June 1, 2022, as requested, subject to refund, and establish hearing and settlement judge procedures. On February 2, 2023, NRG-PML submitted for filing a revised tariff record containing a PDF copy of the RMR Rate Schedule for Unit 4. Agenda item E-12 may be an order relating to the revised RMR Rate Schedule for Unit 4.
E-13 – Deuel Harvest Wind Energy LLC (Docket Nos. ER22-1980-001, ER22-1980-000). On May 27, 2022, Deuel Harvest Wind Energy LLC (Deuel Harvest) submitted a proposed reactive service tariff for a 301.14 MW wind-powered generating facility (Facility) located in Deuel County, South Dakota, pursuant to section 205 of the Federal Power Act (FPA). On July 29, 2022, the Commission issued an order accepting the proposed reactive service tariff, suspended it for a nominal period, to become effective August 1, 2022, subject to refund, and set it for hearing and settlement judge procedures. On January 20, 2023, Deuel Harvest filed a settlement package to resolve all issues outstanding set for hearing. On February 28, 2023, the designated settlement judge issued an order certifying the settlement as uncontested and recommending approval of the settlement by the Commission. Agenda item E-13 may be an order relating to the proposed uncontested settlement.
E-14 – Tri-State Generation and Transmission Association, Inc. (Docket No. ER20-681-008). On December 16, 2022, pursuant to section 205 of the FPA, Tri-State Generation and Transmission Association, Inc. (Tri-State) submitted Application for Market-Based Rate Authorization in the Western Area Colorado Missouri (WACM) Balancing Authority Area (Tri-State MBRA). On December 19, 2022, Tri-State submitted a supplement to the December 16 Tri-State MBRA. On January 6, 2023, United Power, Inc. (United Power) filed comments and a limited protest of the Tri-States MBRA. Agenda item E-14 may be an order on the Tri-State MBRA.
E-15 – Ohio Power Company, PJM Interconnection, L.L.C., American Electric Power Service Corporation, and AEP Ohio Transmission Company, Inc.; Office of Ohio Consumers' Counsel v. American Electric Power Service Corporation, American Transmission System, Inc., and Duke Energy Ohio, LLC (Docket Nos. ER23-855-000, EL22-34-000). On February 24, 2022, pursuant to sections 206 and 306 of the FPA and Rule 206 of the Commission's Rules of Practice and Procedure, in Docket No. EL22-34, the Office of the Ohio Consumers' Counsel (OCC) filed a complaint (Complaint) against American Electric Power Service Corporation (AEPSC), American Transmission Systems, Inc. (ATSI), and Duke Energy Ohio (Duke) (collectively, the Ohio TOs) alleging that they are ineligible for a 50 basis point adder to the authorized return on equity for participation in a Transmission Organization (RTO Adder) because their participation is not voluntary under Ohio law. On December 15, 2022, the Commission issued an order granting in part and denying in part the Complaint, and establishing an effective date of February 24, 2022. Several parties subsequently filed requests for rehearing or clarification of the Commission's December 15 order. On February 13, 2023, ATSI submitted a refund report in compliance with the Commission's directive in its December 15 order. Furthermore, in Docket No. ER23-855, on January 17, 2023, AEPSC, on behalf of AEP Ohio Transmission Company, Inc. submitted a compliance filing with proposed revisions to revisions to Attachment H-14B and Attachment H-20B of its Open Access Transmission Tariff (OATT). On February 7, 2023, the OCC filed a protest of AEPSC's January 17 filing. Agenda item E-15 may be an order or orders relating to Commission's December 15 order and related filings in Docket No. EL22-34 and/or AEPSC's compliance filing and proposed revisions to its OATT in Docket No. ER23-855.
E-16 – PacifiCorp (Docket No. EL22-38-000). On April 21, 2022, the Commission issued an Order on Formula Rate Protocols and Established a Show Cause Proceeding regarding PacifiCorp's formula rate implementation protocols, after finding PacifiCorp's protocols appear to be unjust and unreasonable (April 21 Order). At the same time the Commission issued a Notice of Institution of Section 206 Proceeding and Refund Effective Date (Show Cause Order). Specifically, the Commission found PacifiCorp's protocols are deficient in two areas: (1) the scope of participation (i.e., who can participate in the information exchange); and (2) the transparency of the information exchange (i.e., what information is exchanged). On May 20, 2022, PacifiCorp filed a request for rehearing of the Commission's April 21 Order, specifically requesting the rehearing of the Commission's finding that PacifiCorp's Protocols lack provisions defining the term "interested party" and the Commission's finding that PacifiCorp's Protocols do not require a posting of the Annual Update with documentation on PacifiCorp's website. On June 17, 2022, PacifiCorp submitted its initial brief in this proceeding. PacifiCorp's initial brief provided PacifiCorp's responses to the Show Cause Order on the issues of: (1) the scope of accounting changes that PacifiCorp must disclose in the Annual Update; (2) joint meetings with other transmission owners for projects subject to the same regional cost sharing mechanism; (3) information regarding reorganizations or mergers. PacifiCorp did not challenge the Commission's findings on these issues and included proposed changes to comply with the April 21 Order. PacifiCorp's initial brief did not address the issues of the definition of "interested party" and posting of the annual update on PacifiCorp's website, which were discussed in PacifiCorp's May 20 request for rehearing. On June 21, 2022, the Commission issued a Notice of Denial of Rehearing by Operation of Law with regard to PacifiCorp's request for rehearing in the first sub-docket of this proceeding. Docket No. EL22-38-001. On July 29, 2022, PacifiCorp amended its initial brief based on the Commission's denial of rehearing. The amended initial brief addressed the issues of the definition of "interested party" and posting of the annual update on PacifiCorp's website that, due to PacifiCorp's request for rehearing, were not substantively addressed the initial brief filed on June 17, 2022. Agenda item E-16 may be an order on PacifiCorp's initial brief and amended initial brief.
E-17 – Michigan Electric Transmission Company, LLC and ITC Interconnection LLC (Docket No. EC23-28-000). On November 16, 2022, Michigan Electric Transmission Company, LLC (METC) and ITC Interconnection LLC (ITCI) (together, with METC, the Applicants) filed an application, pursuant to section 203 of the FPA, for the Commission's authorization for the disposition of certain electric transmission facilities by ITCI and the acquisition by METC of the same electric transmission facilities through a purchase and sale agreement. Specifically, the Applicants request authority to transfer ownership of the approximately one-mile 345 kV Covert-Segreto transmission line and associated facilities (including the breakers, switches, and related equipment) (together, with the Covert-Segreto transmission line, the Covert-Segreto Facilities) from ITCI to METC. Following the consummation of the Transaction, ITCI will no longer hold an ownership interest in the Covert-Segreto Facilities. Agenda item E-17 may be an order on the Applicants' section 203 application.
E-18 – Tenaska Clear Creek Wind, LLC v. Southwest Power Pool, Inc., Midcontinent Independent System Operator, Inc. Associated Electric Cooperative, Inc., and Tennessee Valley Authority (Docket No. EL22-59-001). On January 13, 2023, Tenaska Clear Creek Wind, LLC (Tenaska Clear Creek) submitted a request for rehearing of the Commission's December 15, 2022 order denying Tenaska Clear Creek's complaint and petition (the Complaint) against the Southwest Power Pool, Inc. (SPP), Midcontinent Independent System Operator, Inc. (MISO), Associated Electric Cooperative, Inc. (AECI), and Tennessee Valley Authority (TVA) concerning non-public curtailment procedures applied to Tenaska Clear Creek's wind facility in Marysville, Missouri (the Clear Creek Project or the Project). Agenda item E-18 may be an order on Tenaska Clear Creek's request for rehearing.
Hydro
H-1 – Green Mountain Power Corporation (Docket No. P-12766-008). On January 20, 2023, Green Mountain Power Corporation (GMP) submitted a request for clarification of the Commission's December 22, 2022 Order Issuing New License (Transmission Line) (the License Order) for the Clay Hill Road Line 66 Transmission Project No. 12766 (Project). GMP's request for clarification was limited to a single provision in License's Article 402 that appears to require consultation with the Vermont State Historic Preservation Officer (Vermont SHPO) for routine maintenance activities at the Project. GMP believes Article 402 should be modified to match the text of the Commission's Order, and consistent with the recommendations of Commission staff and the relevant agency, to clarify that this consultation requirement extends only to maintenance involving land-clearing or land-disturbing activities conducted outside the ordinary course of Project operation. Agenda item H-1 may be an order on GMP's request for clarification.
H-2 – Stonecat Hydro, LLC (Docket No. P-15280-000). On June 9, 2022, Stonecat Hydro, LLC (Stonecat) filed a preliminary permit application for the Lower Swanton Dam Hydroelectric Project No. 15280 (Project). On August 8, 2022, Commission staff informed Stonecat that its preliminary application is deficient and requested that resolve deficiencies and provide additional information to support the preliminary permit application. On September 8, 2022, Stonecat filed a response that included additional information and a revised application. On October 27, 2022, the Commission filed a letter requesting additional information after reviewing Stonecat's further revised September 8 response. Stonecat replied to the Commission's additional information request on November 23, 2022. On December 2, 2022, the Commission accepted Stonecat's preliminary permit application and filed a Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions to Intervene, and Competing Applications. On January 12, Vermont Natural Resources Council filed comments with Vermont State Council of Trout Unlimited. On January 13, 2023, Vermont Agency of Natural Resources and the Vermont State Historic Preservation Office both submitted comments on the Pre-Application Document and Study Request for the Project. On January 31, 2023, Village of Swanton and Vermont Agency of Natural Resources both filed a Motion to Intervene and Comments. On March 27, 2023, the Village of Swanton filed additional comments. The Village of Swanton stated that no protests were filed and the 60-day deadline for interventions, comments, and protests was January 31, 2023. Given the need to coordinate the Project studies with other habitat studies, the Village of Swanton requested the Commission inform the applicant and intervenors of the expected permit issuance date. Agenda item H-2 may be an order on the preliminary permit application.
Certificates
C-1 – Rio Grande LNG, LLC; Rio Bravo Pipeline Company LLC (Docket Nos. CP16-454-003; CP16-454-000; CP16-455-000; CP16-455-002; CP20-481-000). On May 5, 2016, Rio Grande LNG, LLC (RGLNG) and Rio Bravo Pipeline Company LLC (Rio Bravo) filed a joint application requesting Commission authorization: (i) under Section 3 of the Natural Gas Act (NGA) to site, construct, and operate facilities for a multiplant integrated natural gas liquefaction and liquefied natural gas (LNG) export facility to be located at the Port of Brownsville, Texas (Rio Grande Facility) and (ii) under NGA Section 7(c) for a certificate of public convenience and necessity to construct and operate two parallel approximately 135-mile interstate natural gas pipelines intended to feed natural gas to the LNG terminal (Rio Bravo Pipeline Project). On November 22, 2019, the Commission granted the requested NGA authorizations for the Rio Grande Facility and the Rio Bravo Pipeline Project (Certificate Order). Various interested parties (mainly environmental and community justice groups) filed for rehearing of the Certificate Order in December 2019. The Commission denied those rehearing requests in January 2020, and those parties then sought review of the Certificate Order in the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit). Meanwhile, on June 15, 2020, Rio Bravo filed an abbreviated application under NGA Section 7(c) to amend the Certificate Order with respect to the Rio Bravo Pipeline Project, to make certain design modifications to its system (such application, the Amendment Application). Specifically, the Amendment Application would result in an increase in the mainline design capacity of one of the two pipelines from 2.25 billion cubic feet (Bcf) per day (Bcf/d) to 2.6 Bcf/d. On December 21, 2020, the Commission issued an Environmental Assessment for the Amendment Application. The D.C. Circuit issued its order on August 3, 2021, in which it declined to vacate the Certificate Order but remanded the proceeding back to the Commission for further consideration of two issues (Remand Order). Specifically, the Remand Order found that the Commission's analyses of the Rio Grande Facility's impacts on climate change and environmental justice communities were deficient. Following the D.C. Circuit's issuance of the Remand Order, Commission staff has issued a number of Environmental Impact Requests to RGLNG and Rio Bravo to address deficiencies noted in the Remand Order with respect to both the Certificate Order and the Amendment Application. Agenda item C-1 may be an order addressing the Remand Order and the Amendment Application.
C-2 – Texas LNG Brownsville LLC (Docket No. CP16-116-002). On March 31, 2016, Texas LNG Brownsville LLC (Texas LNG) filed an application (Application) with the Commission seeking authorization under Section 3 of the Natural Gas Act (NGA) to site, construct, and operate facilities for a liquefied natural gas (LNG) export facility to be located in Cameron County, Texas (Texas LNG Project). On November 22, 2019, the Commission granted the requested NGA authorizations for the Texas LNG Project (Authorization Order). Various interested parties (mainly environmental and community justice groups) filed for rehearing of the Authorization Order in December 2019. The Commission denied those rehearing requests in February 2020, and those parties then sought review of the Authorization Order in the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit). The D.C. Circuit issued its order on August 3, 2021, in which it declined to vacate the Certificate Order but remanded the proceeding back to the Commission for further consideration of two issues (Remand Order). Specifically, the Remand Order found that the Commission's analyses of the Texas LNG Project's impacts on climate change and environmental justice communities were deficient. Following the D.C. Circuit's issuance of the Remand Order, Commission staff has issued a number of Environmental Impact Requests to Texas LNG to address deficiencies noted in the Remand Order. Agenda item C-2 may be an order addressing the Remand Order.
C-3 – Spire STL Pipeline LLC (Docket No. CP17-40-016). On August 3, 2018, the Commission issued an order (2018 FERC Order) granting Spire STL Pipeline LLC (Spire) a certificate of public convenience and necessity under section 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations to construct and operate a 65-mile-long interstate natural gas pipeline system, extending from an interconnection with Rockies Express Pipeline LLC (REX) in Scott County, Illinois, to interconnections with both Spire Missouri Inc. (Spire Missouri) and Enable Mississippi River Transmission, LLC (MRT) in St. Louis County, Missouri (the Pipeline). Various interested parties (mainly environmental and community justice groups) filed for rehearing of the 2018 FERC Order. The Commission denied those rehearing requests in November 2019, and those parties then sought review of the 2018 FERC Order in the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit). The D.C. Circuit issued its order on June 22, 2021, in which it vacated the 2018 FERC Order and remanded the proceeding back to the Commission for further consideration (Remand Order). On September 14, 2021, and December 3, 2021, the Commission issued temporary certificates of public convenience and necessity to Spire to continue to operate the Pipeline while the Commission evaluated the Pipeline in light of the Remand Order. On November 12, 2021, Spire filed an application (Application) requesting the Commission reissue certificates of public convenience and necessity authorizing construction and operation of the Pipeline. On December 15, 2022, the Commission issued an order in which it reissued certificates of public convenience and necessity to Spire that authorized construction and operation of the Pipeline (2022 FERC Order). On January 17, 2023, Environmental Defense Fund (EDF) requested rehearing on the 2022 FERC Order (the Rehearing Request). The Rehearing Request generally asserts that the Commission erred in (i) granting the 2022 FERC Order without following the process required by the Commission's regulations, the NGA, and the Administrative Procedure Act, and (ii) failing to address record evidence of self-dealing between Spire and Spire Missouri. On February 17, 2023, the Commission issued a notice of denial of rehearing by operation of law with respect to the Rehearing Request while providing that the Commission would address the Rehearing Request in a future order. Agenda item C-3 may be an order on the Rehearing Request.
C-4 – Driftwood Pipeline LLC (Docket Nos. CP21-465-000; CP21-465-001; CP21-465-002). On June 17, 2021, Driftwood Pipeline LLC (Driftwood) filed an application (Application) seeking authorization under section 7(c) of the Natural Gas Act (NGA) to construct, own, and operate natural gas pipelines, a compressor station, meter stations, and appurtenant stations in southwestern Louisiana (the Project). On October 13, 2021, Driftwood filed a supplement to its Application consisting of alignment modifications, workspace adjustments, and the addition and removal of aboveground facilities. On October 29, 2021, Driftwood filed a second amendment to its Application requesting an increase in transportation capacity from the originally proposed nominal capacity of 4.6 billion cubic feet (Bcf) of natural gas per day (Bcf/d) to a nominal capacity of 5.4 Bcf/d, with a maximum seasonal capacity of 5.7 Bcf/d. As amended, the Project would involve the construction and operation of 36.9 miles and 32.4 miles of dual 42-inch-diameter natural gas pipelines originating near the town of Ragley in Beauregard Parish, Louisiana southward to a proposed receiver facility near the town of Carlyss in Calcasieu Parish, Louisiana. Additional facilities include one 0.9-mile, 30-inch-diameter lateral (Sempra Lateral), one 0.8-mile, 30-inch-diameter lateral, one new compressor station, 11 meter stations, six mainline valves, and other minor aboveground facilities. Commission staff issued a draft Environmental Impact Statement (EIS) for the Application on May 13, 2022 and a final EIS for the Application on September 15, 2022. Commission staff concluded in the final EIS that any adverse environmental impacts from construction and operation of the Project would not be significant, with the exception of climate change impacts, which the final EIS did not characterize as significant or insignificant. Agenda item C-4 may be an order on the Application.
C-5 – Transcontinental Gas Pipe Line Company, LLC (Docket Nos. CP21-94-002; CP21-94-000; CP21-94-001). On January 11, 2023, the Commission issued an order (Certificate Order) authorizing Transcontinental Gas Pipe Line Company, LLC (Transco) to construct and operate the Regional Energy Access Expansion Project. The Regional Energy Access Expansion Project consists of the abandonment and replacement of existing, less energy efficient compression facilities and the construction of new pipeline facilities in Luzerne and Monroe Counties, Pennsylvania, and a new compressor station in Gloucester County, New Jersey; the expansion of existing compressor stations in Somerset County, New Jersey, and Luzerne County, Pennsylvania; modifications to the certified capacity of compressor stations in York and Chester Counties, Pennsylvania, and Middlesex County New Jersey; and modifications to various tie-ins, regulators, and delivery meter stations in Pennsylvania, New Jersey, and Maryland. On February 10, 2023, a number of environmental intervenors, the New Jersey Board of Public Utilities, and the New Jersey Division of Rate Counsel requested rehearing on the Certificate Order (collectively, the Rehearing Requests). On March 17, 2023, the Commission issued an order denying the Rehearing Requests. Certain of those parties (collectively, the Petitioners) then sought review of the Certificate Order in the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on March 18, 2023. On March 16, 2023 and March 23, 2023, the Commission issued notices to Transco allowing it to proceed with tree felling and construction and approval of the Mount Effort Contractor Yard, respectively, in accordance with the Certificate Order (collectively, Notices to Proceed). Petitioners then requested rehearing of and moved to stay the Notices to Proceed, to first allow for judicial review of the Certificate Order (collectively, Motions to Stay). Agenda item C-5 may be an order on the Motions to Stay.
C-6 – Texas Gas Transmission, LLC (Docket No. CP21-467-001). On June 25, 2021, Texas Gas Transmission, LLC (Texas Gas) filed an application (Application) pursuant to Sections 7(b), 7(c), and 7(e) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations for authorization to abandon, construct, operate, and maintain certain natural gas facilities in Henderson and Webster Counties, Kentucky, and Posey and Johnson Counties, Indiana (Henderson County Expansion Project). The Henderson County Expansion Project is designed to provide up to 220,000 MMBtu per day (MMBtu/d) of new firm transportation service to Southern Indiana Gas and Electric Company d/b/a CenterPoint Energy Indiana South's (CenterPoint) new natural gas-fired electric generation turbines at CenterPoint's existing A.B. Brown Generating Station (A.B. Brown Plant) in Posey County, Indiana. Commission staff issued a draft Environmental Impact Statement (EIS) for the Application on April 14, 2022, and a final EIS for the Application on August 25, 2022. Commission staff concluded in the final EIS that any adverse environmental impacts from construction and operation of the Project would be less than significant, with the exception of climate change impacts, which the final EIS did not characterize as significant or insignificant. On October 20, 2022, the Commission granted the NGA authorizations requested in the Application. On November 21, 2022, Citizens Action Coalition of Indiana requested rehearing on the Certificate Order (the Rehearing Request). The Rehearing Request generally asserts that the Commission erred in concluding that the Henderson County Expansion Project is or will be required by the present or future public convenience and necessity under the Natural Gas Act, and that the Commission's environmental review for the Henderson County Expansion Project was deficient under the National Environmental Policy Act. On December 22, 2022, the Commission issued a notice of denial of rehearing by operation of law with respect to the Rehearing Request while providing that the Commission would address the Rehearing Request in a future order. Agenda item C-6 may be an order on the Rehearing Request.
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