Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on December 19, 2024, pursuant to the sunshine notice released on December 12, 2024.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate Items
Electric
E-1 – Wilderness Line Holdings, LLC (Docket No. ER24-2025-000). On May 15, 2024, Wilderness Line Holdings, LLC (WLH) submitted a compliance filing in accordance with Commission Orders 2023 and 2023-A and related revisions to its pro forma standard Large Generator Interconnection Agreement and standard Small Generator Interconnection Agreement. Agenda item E-1 may be an order on WLH's Order 2023 compliance filing.
E-2 – Portland General Electric Company (Docket Nos. ER24-1848-000, ER24-1848-001). On April 26, 2024, as supplemented on December 3, 2024, Portland General Electric Company (Portland General Electric) submitted a compliance filing in accordance with Commission Orders 2023 and 2023-A and related revisions to its pro forma standard Large Generator Interconnection Agreement and standard Small Generator Interconnection Agreement. Agenda item E-2 may be an order on Portland General Electric's Order 2023 compliance filing.
E-3 – Florida Power & Light Company (Docket Nos. ER24-1156-000, ER24-1156-001). On January 31, 202, as supplemented on May 15, 2024, Florida Power & Light Company (FP&L) submitted a compliance filing in accordance with Commission Orders 2023 and 2023-A and related revisions to its pro forma standard Large Generator Interconnection Agreement and standard Small Generator Interconnection Agreement. Agenda item E-3 may be an order on FP&L's Order 2023 compliance filing.
E-4 – PJM Load Parties v. PJM Interconnection, L.L.C. (Docket No. EL24-104-001). On April 22, 2024, in response to a petition filed by PJM Interconnection, L.L.C. (PJM) in Docket No. ER23-729-002 requesting confirmation that the U.S. Court of Appeals decision in PJM Power Providers Grp. v. FERC, 96 F.4th 390 (3d Cir. 2024) which provisions of the Open Access Transmission Tariff (PJM Tariff) were in effect governing the 2024/2025 PJM Base Residual Auction (BRA), certain PJM Load Parties filed a complaint pursuant to sections 206, 306, and 309 of the Federal Power Act (FPA) asserting that, if the Commission grants PJM's complaint in Docket No. ER23-729, the Commission should find the recalculated auction results unjust and an unreasonable. On July 9, 2024, the Commission issued an order denying the complaint by the PJM Load Parties. Several parties filed requests for rehearing of the Commission's July 9 order. Agenda item E-4 may be an order on the requests for rehearing of the July 9 order.
E-5 – Urban Grid Solar Projects, LLC v. PJM Interconnection, L.L.C. (Docket No. EL24-18-000). On November 16, 2023, Urban Grid Solar Projects, LLC filed a complaint pursuant to Rule 206 of the Commission's Rules of Practice and Procedure requesting fast-track complaint proceedings asserting that PJM "illegally terminated" two Queue Positions, AE1-068 and AE1-069 for its Monarch development Project (Monarch Project). Agenda item E-5 may be an order on the complaint against PJM regarding the Monarch Project.
E-6 – New York Transco, LLC and New York Independent System Operator, Inc. (Docket Nos. ER24-232-002; ER24-232-000). On October 27, 2023, pursuant to sections 205 and 219 of the Federal Power Act (FPA), Part 35 of the Commission's regulations, Order No. 679, and the Commission's November 15, 2012 policy statement on transmission incentives, New York Transco, LLC (NY Transco) submitted a tariff filing requesting approval for: (1) a cost allocation method associated with its investment in the Propel New York Energy Alternate Solution 5 Project (Project) through amendments to Rate Schedule 13 of the New York Independent System Operator, Inc. (NYISO) Open Access Transmission Tariff (OATT); (2) a cost containment mechanism; (3) the establishment of a base rate of return on equity (ROE) of 10.7 percent for the Project to be applied in the NY Transco formula rate set forth in Attachment DD to section 36 of the NYISO OATT (Formula Rate); and (4) approval of certain electric transmission rate incentive treatments. The Project is a $2.8 billion electric transmission project selected by the NYISO using an evaluation process that complies with the Commission's Order No. 1000 transmission process to fulfill New York State policy initiatives for offshore wind generation development and to address the need to strengthen transmission capacity and reliability and reduce congestion. On November 17, 2023, the New York Commission, the City of New York, and Multiple Intervenors (collectively, the Ratepayer Advocates). On November 17, 2023, the New York Power Authority (NYPA) filed a Motion to Intervene and Comments in support of the tariff filing. On December 26, 2023, the Commission issued an order accepting NY Transco's requested cost allocation methodology and cost containment proposal, granting NY Transco's Abandoned Plant Incentive and the CWIP Incentive, and conditionally granting the NY Transco's request for a 50-basis-point RTO Participation Adder, to become effective December 27, 2023. In addition, the Commission conditionally granted but reduced NY Transco's ROE Risk Incentive from the requested 150 basis points to 75 basis points, with both ROE incentive adders to be "applied to a base ROE that has been shown to be just and reasonable, and subject to the resulting ROE inclusive of all granted incentives being within the applicable zone of reasonableness, as may be determined in the hearing and settlement judge procedures. On June 17, 2024, the settling parties agreed to a settlement in principle. On August 21, 2024 NY Transco submitted an Uncontested Offer of Settlement in Docket No. ER24-232-002. On September 10, 2024, FERC Trial Staff submitted Comments in Support of the Uncontested Offer of Settlement. On September 20, 2024, the NY Transco submitted Limited Comments in response to Commission Trial Staff's initial comments in support of the Offer of Settlement, requesting that the settlement judge certify the settlement to the Commission as soon as possible. On September 30, 2024, the Settlement Jude submitted the Certification of the Uncontested Offer of Settlement. On October 1, 2024, the Settlement Judge submitted the Fifth and Final Status Report and an Order Terminating the Settlement Judge Proceedings. Agenda item E-6 may be an order on the uncontested offer of settlement submitted on August 21, 2024 by NY Transco.
E-7 – Orange and Rockland Utilities Inc. (Docket No. ER24-1614-002; ER24-1614-000). On March 25, 2024, pursuant to section 205 of the Federal Power Act (FPA) and section 35.13 of the Commission's regulations, New York Independent System Operator, Inc. (NYISO), on behalf of Orange and Rockland Utilities, Inc. (O&R), submitted to the Commission its proposed revisions to the NYISO Open Access Transmission Tariff (OATT). The revisions included O&R's proposed formula rate template, related formula rate protocols, and conforming OATT amendments that address cost derivation and recovery for eligible transmission projects under Rate Schedules 10 and 19, as identified in and designated under Attachment 5 to each of those rate schedules. O&R's proposal also called for a base rate of return on equity (ROE) of 10.7 percent for transmission projects under Rate Schedule 10, as well as a 50-basis-point adder for participation in a Regional Transmission Organization (i.e., NYISO) (RTO Participation Adder). For transmission projects under Rate Schedule 19, O&R proposed a ceiling base ROE of 11.2 percent, subject to a lower ROE authorized by the NYSPSC. O&R did not request an RTO Participation Adder for projects under Rate Schedule 19. On April 15, the New York State Public Service Commission (NYPSC) and the New Jersey Division of Rate Counsel to O&R filed Protests in response to O&R's tariff filings. On May 24, 2024, the Commission issued the Hearing Order that accepted O&R's proposed: (1) Attachment 5 to Rate Schedule 10 to become effective May 25, 2024; Attachment 5 to Rate Schedule 19 and related formula rate protocols to become effective May 25, 2024; and (3) Formula Rate Template, to become effective May 25, 2024, subject to refund and hearing and settlement judge procedures on the proposed base ROEs for projects under Rate Schedules 10 and 19. The Commission also conditionally accepted the 50-basis-point RTO Participation Adder for filing, to become effective May 25, 2024, provided that "[it be] applied to a base ROE under Rate Schedule 10 that has been shown to be just and reasonable, and subject to the resulting ROE being within the applicable zone of reasonableness, as may be determined in [] hearing and settlement judge procedures, and subject to refund and to the outcome of [a] paper hearing procedure." On September 20, 2024, O&R Submitted a Joint Offer of Settlement. On October 10, 2024 Commission Trial Staff Submitted Comments Not Opposing the Joint Offer of Settlement from O&R. On October 15, 2024 the Settlement Judge submitted the Certification of the Uncontested Offer of Settlement. On October 23, 2024 the Chief Judge filed an Order Terminating Settlement Judge Procedures. Agenda item E-7 may be an order on O&R's Joint Offer of Settlement.
E-8 – Duke Energy Carolinas, LLC and Duke Energy Florida, LLC, Duke Energy Carolinas, LLC, Duke Energy Progress, LLC, and Duke Energy Florida, LLC (Docket Nos. ER24-679-002; ER24-683-001). On May 14, 2024, Duke Energy Florida, LLC (DEF) submitted its Order No. 2023-A compliance filing, which included an amendment to its compliance filing containing further revisions to Attachment J (Large Generator Interconnection Procedures (LGIP) and the Large Generator Interconnection Agreement (LGIA)) under Tariff Volume No. 4, its Joint Open Access Transmission Tariff (Joint OATT). On July 24, 2024, in Docket No. ER24-679-002, DEF submitted Amendments to May 14, 2024 Compliance Filing as it had come to DEF's attention that the LGIP Section 4.2.1.(1)(a) submitted in its Order No. 2023-A compliance filing inadvertently included extraneous words ("per capita to each Generating Facility") that were not part of the pro forma language. On May 13, 2024, Duke Energy Carolinas, LLC (DEC), Duke Energy Florida, LLC (DEF), and Duke Energy Progress, LLC (DEP) (collectively, the Duke Southeast Utilities) submitted further revisions Attachment M (Small Generator Interconnection Procedures) under Tariff Volume No. 4, their Joint Open Access Transmission Tariff (Joint OATT) in compliance with the Commission's Order No. 2023-A. Agenda item E-8 may be an order on DEF's and the Duke Southeast Utilities' Order No. 2023-A compliance filings.
E-9 – North American Electric Reliability Corporation (Docket No. RR24-4-000). On November 8, 2024, the North American Electric Reliability Corporation (NERC) submitted an Electric Reliability Organization (ERO) Performance Assessment for the 2019-2023 Assessment Period (Performance Assessment) in accordance with 18 C.F.R. § 39.3(c). The Performance Assessment reports on the ERO's effective execution of its statutory responsibilities under section 215 of the Federal Power Act during the Assessment Period and NERC's efforts, in coordination with its Regional Entities and stakeholders, to support a secure and reliable grid for North America. On November 22, 2024, American Public Power Association (APPA), the Electric Power Supply Association (EPSA), the Large Public Power Council (LPPC), and the Transmission Access Policy Study Group (TAPS) (collectively, Joint Commenters) filed a Motion to Intervene and Comments. The Joint Commenters generally support NERC's improvements to its Compliance Monitoring and Enforcement Program (CMEP), and highlight the importance of implementing them consistent with its existing Rules of Procedure, including its Standards Processes Manual. Agenda item E-9 may be an order on NERC's Performance Assessment.
E-10 – Reliability Standards for Frequency and Voltage Protection Settings and Ride- Through for Inverter-Based Resources (Docket No. RM25-3-000). On November 4, 2024, the North American Electric Reliability Corporation (NERC) filed a Petition for Approval of Proposed Reliability Standard PRC-029-1 Frequency and Voltage Ride-through Requirements for Inverter-based Generating Resources and proposed Reliability Standard PRC-024-4 Frequency and Voltage Protection Settings for Synchronous Generators, Type 1 and 2 Wind Plants, and Synchronous Condensers, and the proposed definition of the term Ride-through for inclusion in the Glossary of Terms used in NERC Reliability Standards. NERC argues that the proposed Reliability Standards would advance the reliability of the Bulk-Power System (BPS) by establishing voltage and frequency ride-through criteria for Generator Owners of Inverter Based Resources (IBR) to continue to inject current and perform voltage support during a BPS disturbance and prohibit momentary cessation in the no-trip zone during disturbances. Agenda item E-10 may be an order on the Proposed Reliability Standards PRC-029-1 and PRC-024-4.
E-11 – PJM Interconnection, L.L.C. (Docket No. ER24-2401-001). On June 28, 2024, PJM Interconnection, L.L.C. (PJM) submitted a Notice of Cancellation of an executed Interconnection Service Agreement (ISA) among itself, Glidepath Ventures, LLC (Glidepath), and Mid-Atlantic Interstate Transmission, LLC (MAIT). PJM stated that the ISA had been cancelled due to Glidepath failing to meet the milestones set forth in the ISA, namely with respect to the completion of substantial site work and delivery of major electrical equipment. PJM provided Glidepath with a notice of breach letter on May 23, 2024; Glidepath did not cure the breaches or commence steps to cure the breaches within 30 days of receipt. Accordingly, PJM moved to cancel the ISA. On July 17, 2024, Glidepath filed a Protest, contending that PJM did not sufficiently provide information to identify deficiencies in the ISA, and that Glidepath furnished the only piece information specifically requested by PJM. Glidepath also stated that it had been working diligently during the suspension period to obtain certain permits and equipment, citing global supply chain shortages as a contributing factor. On August 27, 2024, the Commission issued an order approving the Notice of Cancellation. On September 26, 2024, Glidepath filed a request for rehearing of the August 27 order. Agenda item E-11 may be an order on the rehearing request.
E-12 – PFMD-LL-Jessup, LLC (Docket Nos. EL24-145-000, QF24-935-001). On September 24, 2024, PFMD-LL-Jessup, LLC (PFMD-LL-Jessup) submitted a Petition for Declaratory Order requesting the issuance of a limited waiver of the filing requirements applicable to qualifying small power production facilities (QFs). PFMD-LL-Jessup sought the limited waiver for the period from when the facility generated test energy through the filing of self-certification for QF status. The period spanned from August 28, 2024 through September 9, 2024. Agenda item E-12 may be an order on the petition.
E-13 – Algonquin Power Co., Altius Renewables, ULC, Algonquin Energy Services Inc., Algonquin Power Sanger LLC, Altavista Solar, LLC, Carvers Creek LLC, Clearview Solar I, LLC, Deerfield Wind Energy, LLC, Deerfield Wind Energy 2, LLC, Great Bay Solar I, LLC, Great Bay Solar II, LLC, GSG 6, LLC, Minonk Wind, LLC, New Market Solar ProjectCo 1, LLC, New Market Solar ProjectCo 2, LLC, Odell Wind Farm, LLC, Sandy Ridge Wind, LLC, Sandy Ridge Wind 2, LLC, Shady Oaks Wind 2, LLC, and Sugar Creek Wind One LLC (Docket No. EC24-111-000). On August 13, 2024, and as supplemented on August 15, 2024, the above-captioned entities (collectively, the Algonquin Applicants) submitted a joint application, pursuant to section 203 of the Federal Power Act (FPA), whereby Altius Renewables, ULC (Altius) will acquire all 100 percent of the issued and outstanding units of Algonquin Power from the Algonquin Applicants. Altius is a wholly controlled subsidiary of LSP Development (LS Power). On September 3, 2024, the Independent Market Monitor for PJM (IMM) filed comments, asserting that while it does not oppose the proposed Transaction as represented by the section 203 application, the IMM would condition any approval on four specific commitments by LS Power so as to ensure competitive behavior is maintained in the PJM market. The IMM stated that LS Power currently has market power in the PJM energy and capacity markets, and by adding the Algonquin resources to its fleet, LS Power will increase its market power. On September 18, 2024, the Algonquin Applicants filed an answer to the IMM comments, requesting that the Commission authorize the proposed Transaction without imposing the proposed measures raised by the IMM. In the answer, the Algonquin Applicants also asserted that the IMM offered policy-oriented critiques that are beyond the scope of this proceeding, as broader issues with PJM market rules are not contemplated in any individual FPA section 203 application. Agenda item E-13 may be an order on the FPA section 203 application.
E-14 – ALLETE, Inc. and Alloy Parent LLC (Docket No. EC24-105-000). On July 19, 2024, ALLETE, Inc. (ALLETE), on behalf of itself and its public utility subsidiaries, submitted an application, pursuant to section 203 of the FPA, whereby Alloy Parent LLC (Alloy Parent) will effectuate the merger of Alloy Merger Sub LLC with and into ALLEGE, which will be the surviving entity. Upon consummation of the proposed Transaction, ALLETE will be a direct wholly-owned subsidiary of Alloy Parent. On July 29, 2024, Public Citizen and the Private Equity Stakeholder Project filed a request for extension of the comment period, citing potential cross-subsidization concerns. On July 31, 2024, ALLETE filed a response in opposition to the extension request. On September 17, 2024, Public Citizen the Private Equity Stakeholder Project filed a joint protest and requested that the Commission hold the proceeding in abeyance. The joint protest alleged that, due to a recent authorization issued by the Commission for BlackRock, Inc. (BlackRock) to acquire Global Infrastructure Partners (GIP) and subsequent application by GIP to acquire ALLETE with the Canada Pension Plan Investment Board, the Commission should review if the GIP transaction and proposed ALLETE transaction materially change the facts of the blanket authorization granted to BlackRock. On September 17, 2024, Public Citizen and the Private Equity Stakeholder Project filed another protest; on September 18, 2024, Large Power Intervenors filed a protest. On October 2, 2024, ALLETE and Alloy Parent filed an answer to the protests, contending that issues with respect to blanket authorizations for institutional investors are not to be addressed in this proceeding. Further, ALLETE and Alloy Parent clarified that BlackRock will no longer hold indirect, non-controlling interests in ALLETE under its existing blanket authorizations, and the upstream buyers of ALLETE (GIP and the Canada Pension Plan Investment Board) will hold all active interests in ALLETE, which will have moved from a publicly-traded company to a privately held company. Accordingly, ALLETE and Alloy Parent argued that there will not be any conflict of interest from BlackRock and/or GIP. Agenda item E-14 may be an order on the FPA section 203 application.
E-15 – RENEW Northeast, Inc. v. ISO New England Inc. and New England Participating Transmission Owners Advisory Committee (Docket No. EL23-16-000). On December 13, 2022, RENEW Northeast, Inc. (RENEW) submitted a complaint, pursuant to sections 206 and 306 of the FPA, against ISO New England, Inc. (ISO-NE) and the New England Participating Transmission Owners (NE PTOs). In the complaint, RENEW requested that the Commission determine that certain portions of the ISO-NE Tariff are unjust and unreasonable to the extent they permit transmission owners to directly assign to Interconnection Customers certain costs associated with network upgrades and distribution upgrades constructed to facilitate an interconnection. RENEW stated that the assignment is an impermissible cost shift contravening Commission policy with respect to operations and maintenance (O&M) costs, resulting in unduly discriminatory transmission rates. RENEW requested that Commission instruct ISO-NE to revise certain portions of the ISO-NE Tariff, or, if necessary, eliminate the direct assignment of network upgrade O&M costs to interconnection customers. On January 19, 2023, ISO-NE filed an answer and motion to dismiss, stating that ISO-NE should not be considered a party to the proceeding, such that RENEW and NE PTOs are both considered as Interested Parties under the ISO-NE formula rate protocols, while ISO-NE itself does not have a financial stake in this matter. On January 23, 2023, NE PTOs filed a response to the complaint, arguing that RENEW has not met its burden of proof in demonstrating that the existing rates are unjust or unreasonable. Specifically, NE PTOs stated that the assignment of O&M costs was previously determined in the ISO-NE Tariff and continues to be just and reasonable and that RENEW is not an Interested Party pursuant to the ISO-NE formula rate protocols, and therefore is barred from any attempt to change those protocols. Multiple stakeholders filed motions to intervene, comments, or protests. Generally, the protests contended that RENEW should withdraw its complaint and allocate time and resources toward broader cost allocation stakeholder processes in ISO-NE. Some parties indicated support for the principle of the complaint (i.e., facilitating generator interconnection) while arguing that ISO-NE is expected to evaluate its formula rate protocols in order to provide greater transparency around O&M costs. Agenda item E-15 may be an order on the complaint.
Gas
G-1 – Florida Gas Transmission Company, LLC (Docket No. RP23-466-002). On February 27, 2023, Florida Gas Transmission Company, LLC (Florida Gas) submitted proposed Tariff records to address renewable natural gas (RNG) matters. The filing followed a prior proceeding, pursuant to section 4 of the Natural Gas Act (NGA), whereby Florida Gas proposed changes to its rates and modifications to certain Tariff provisions, with the exception of RNG issues. On May 16, 2022, Florida Gas submitted a partial settlement to resolve the outstanding RNG matters, and the majority of shippers on the Florida Gas system filed supportive comments or did not oppose the partial settlement. Several parties, including Commission Staff, filed comments in opposition to the partial settlement. Ultimately, Florida Gas withdrew the partial settlement on February 27, 2023, and subsequently submitted the proposed Tariff records in the above-captioned docket. On August 25, 2023, the Commission issued an order denying the proposed Tariff revisions and did not formally establish settlement judge procedures, while encouraging the parties to continue negotiations on their own accord. On July 10, 2024, Florida Gas filed an Offer of Settlement purporting to resolve the outstanding RNG matters, with the support of several shippers that had previously opposed the rejected partial settlement. Agenda item G-1 may be an order on the settlement.
Hydro
H-1 – Power Authority of the State of New York (Docket No. P-3211-010). On July 31, 2020, the Power Authority of the State of New York (NYPA) submitted the Final Application for a New License for the relicensing of the Gregory B. Jarvis Power Project, pursuant to section 15(c)(1) of the Federal Power Act (FPA). The current license for the project expired on July 31, 2022. NYPA stated in the application that it seeks to change the name to honor a local hero as well as to build on and further describe the benefits, operations, and enhancement measures for the new license term of the project. On January 12, 2022, the Commission issued the Notice of Application Accepted for Filing, Soliciting Motions to Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions (REA Notice) in support of the ongoing relicensing process. On March 11, 2022, NYPA submitted the filing of Water Quality Certification, pursuant to section 401(a)(1) of the Clean Water Act (CWA), as filed with the New York State Department of Environmental Conservation (NYDEC). On March 7, 2023, NYDEC filed a Notice of Denial of the CWA section 401 Water Quality Certification, stating that the application is incomplete and requires a complete environmental review by the Commission pursuant to the National Environmental Policy Act (NEPA). On September 6, 2023, the Commission issued the Draft Environmental Assessment (Draft EA), finding that the Commission Staff alternative is the preferred alternative for the project in order to continue operation while implementing recommended environmental measures to protect aquatic, terrestrial, recreational, and aesthetic resources. On March 28, 2024, the Commission issued the Final EA, affirming that issuing a license for the project, with the staff-recommended environmental measures, would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item H-1 may be an order on the new license application.
H-2 – Solia 6 Hydroelectric, LLC (Docket No. P-13768-005). On February 20, 2024, Solia 6 Hydroelectric, LLC, operating as Rye Development, LLC (collectively, Applicant), submitted a Request for Five-Year Stay of Construction Deadlines for the Montgomery Locks and Dam Hydroelectric Project. On April 8, 2024, the Commission issued a letter requesting additional information. On August 16, 2024, Applicant filed a response to the April 8 letter. Agenda item H-2 may be an order on the request.
H-3 – RAMM Power Group, LLC (Docket No. P-15248-001). On November 18, 2021, RAMM Power Group, LLC (RPG) submitted an Application for Preliminary Permit for the proposed Sacaton Energy Storage Project to be located in Arizona, pursuant to Part I of the FPA. RPG stated that the application was filed to secure and maintain priority while obtaining the data and performing the necessary actions to determine the feasibility of the project and support an application for a license thereafter. On July 25, 2024, the Commission issued an order issuing the preliminary permit and granting priority to file a license application for the project. On August 23, 2024, Arizona Sonoran Copper Company filed a request for rehearing of the July 25 order, contending that the land on which the proposed project would occupy is entirely within an existing copper mine site that it owns and operates, and the project would encroach on the mine shaft of the site and impede its underground ore extraction activities. Agenda item H-3 may be an order on the rehearing request.
Certificates
C-1 – Hess Tioga Gas Plant LLC (Docket No. CP24-492-000). On July 12, 2024, Hess Tioga Gas Plant LLC (Hess TGP) submitted an abbreviated application for authorization to own, operate, and maintain the North Dakota Natural Gas Pipeline (NDNGPL). Specifically, the application sought a certificate of public convenience and necessity (CPCN) for operation as a jurisdictional pipeline; a blanket certificate authorizing certain routine construction, operation, and abandonment activities in connection with NDNGPL as a Commission-jurisdictional asset, and waivers of certain regulatory requirements. The Commission previously determined that NDNGPL was exempt from its jurisdiction in 1994, pursuant to section 1(b) of the Natural Gas Act (NGA), given that the facilities primarily served production and gathering functions. Due to the influx of gas production, and associated transportation capacity constraints, Hess TGP seeks to use the underutilized capacity on NDNGPL and will likely bring the facility under Commission jurisdiction pursuant to the NGA. On August 1, 2024, the Commission issued the Environmental Assessment, concluding that the proposed action would constitute a Categorical Exclusion and therefore finding no adverse impacts to the quality of the environment. Agenda item C-1 may be an order on the abbreviated application.
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