Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on February 16, 2023, pursuant to the sunshine notice released on February 9, 2023.
In this issue…
- Electric Items
- Hydro Items
- Certificate Items
Electric
E-1 – North American Electric Reliability Corporation (Docket No. RD23-1-000). On October 28, 2022, pursuant to Section 215(d)(1) of the Federal Power Act (FPA), and Section 39.5 of the Commission's Rules and Regulations, the North American Electric Reliability Corporation (NERC) submitted a petition for Commission approval of two proposed Reliability Standards: proposed Reliability Standard EOP-012-1 (Extreme Cold Weather Preparedness and Operations) and proposed Reliability Standard EOP-011-3 (Emergency Operations). The proposed Reliability Standards would, amongst other things, create requirements for freeze protection measures for both new and existing generation, development of enhanced cold weather preparedness plans, development and implementation of corrective action plans to address freezing issues, and improve generator cold weather operating parameter information sharing requirements. Agenda item E-1 may be an order on NERC's proposed new Reliability Standards.
E-2 – Midcontinent Independent System Operator, Inc. (Docket Nos. ER19-776-002, ER19-809-002). On October 20, 2022, the Commission issued Opinion No. 580 regarding two filings to include Henderson Municipal Power and Light (Henderson) as a transmission owner in Midcontinent Independent System Operator, Inc.'s (MISO) Rate Zone 27 (the Big Rivers Electric Corporation (Big Rivers) pricing zone) and to allow Henderson to recover its portion of its revenue requirement related to certain transmission facilities, consisting of 69 kV and 161 kV portions of Henderson's system (Henderson Facilities), located in the Big Rivers pricing zone. Opinion No. 580 affirmed the Presiding Administrative Law Judge's Initial Decision. On November 18, 2022, Big Rivers filed a request for rehearing of the Commission's order in Opinion No. 580. Agenda item E-2 may be an order on the request for rehearing.
E-3 – Midcontinent Independent System Operator, Inc. (Docket Nos. ER22-495-002, ER22-495-003). On November 30, 2021, as amended on April 8, 2022, pursuant to section 205 of the FPA, MISO submitted proposed revisions to MISO's Open Access Transmission, Energy and Operating Reserve Markets Tariff (MISO Tariff) to establish a seasonal resource adequacy construct. On August 31, 2022, the Commission issued an order accepting MISO's proposed revisions to the MISO Tariff, subject to condition, to be effective September 1, 2022. On September 30, 2022, the Louisiana Public Service Commission, Consumers Energy, Entergy Services, LLC, DTE Electric Company, and Clean Energy Coalition filed requests for rehearing of the Commission's August 31 order. In addition, on September 29, 2022, MISO submitted a compliance filing in accordance with the Commission's directives in its August 31 order. On October 20, 2022, the Midwest Transmission and Distribution Utilities, DTE Electric Company and Alliant Energy Corporate Services filed protests of the September 29, 2022 MISO compliance filing. On October 27, 2022, the Clean Grid Alliance filed a protest of the September 29, 2022 MISO compliance filing. On November 30, 2022, MISO filed an answer to the protests. Agenda item E-3 may be an order on the requests for rehearing of the Commission's August 31 order and the September 29, 2022 MISO compliance filing.
E-4 – Midcontinent Independent System Operator, Inc. (Docket No. ER22-496-002). On November 30, 2021, pursuant to section 205 of the FPA, MISO submitted proposed revisions to the MISO Tariff to require market participants representing Load Serving Entities (LSEs) participating in MISO's Planning Resource Auction (MISO Auction) to implement a Minimum Capacity Obligation (MCO). On August 31, 2022, the Commission issued an order rejecting MISO's proposed revisions to the MISO Tariff, find that MISO did not demonstrate that the MCO proposal was just and reasonable and not unduly discriminatory and preferential. On September 30, 2022, MISO and Entergy Services, LLC filed requests for rehearing of the Commission's August 31 order. Agenda item E-4 may be an order on the requests for rehearing of the Commission's August 31 order.
E-5 – American Transmission Systems, Incorporated; PJM Interconnection, L.L.C. (Docket Nos. ER20-1739-002, ER20-1739-003, ER20-1739-000). In November 2019, the Commission issued Order No. 864 requiring public utility transmission providers with transmission formula rates to revise those transmission formula rates to account for changes caused by the Tax Cuts and Jobs Act of 2017. In May 2020, American Transmission Systems, Incorporated (ATSI) filed proposed revisions to its formula rate template to implement the requirements of Order No. 864. On November 18, 2021, the Commission issued an order on compliance establishing hearing and settlement judge procedures. On October 18, 2022, the parties to the proceeding filed a settlement agreement and offer of settlement comprehensive resolving all issues set for hearing in the Commission's November 18 order. On December 1, 2022, the designated settlement judge issued an order certifying the settlement as uncontested and recommending approval of the settlement by the Commission. Agenda item E-5 may be an order relating to the proposed uncontested settlement.
E-6 – Mid-Atlantic Interstate Transmission, LLC; PJM Interconnection, L.L.C. (Docket Nos. ER20-1951-002, ER20-1951-003, ER20-1951-000). In November 2019, the Commission issued Order No. 864 requiring public utility transmission providers with transmission formula rates to revise those transmission formula rates to account for changes caused by the Tax Cuts and Jobs Act of 2017. On June 1, 2022, Mid-Atlantic Interstate Transmission (MAIT) filed proposed revisions to its formula rate template to implement the requirements of Order No. 864. On December 3, 2021, the Commission issued an order accepted MAIT's proposed tariff revisions, effective January 27, 2020, subject to the outcome of hearing and settlement judge procedures. On October 18, 2022, MAIT filed a settlement agreement and offer of settlement with the designated settlement judge. On November 28, 2022, the designated settlement judge issued an order certifying the settlement as uncontested and recommending approval of the settlement by Commission. Agenda item E-6 may be an order on the proposed uncontested settlement.
E-7 – Southwest Power Pool, Inc. (Docket Nos. ER22-2371-001, ER22-2372-001). Flat Ridge 5 Wind Energy LLC (Flat Ridge 5) and Cowskin Solar Energy LLC (Cowskin) submitted a request for Reconsideration and Rehearing of the September 9, 2022 order issued by the Commission unconditionally accepting the Flat Ridge 5 and Cowskin Generator Interconnection Agreements. Flat Ridge 5 and Cowskin argued that the Commission's findings in the September 9 order were arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. On November 1, 2022, Southwest Power Pool, Inc. (SPP) submitted a Motion for Leave to Answer and Answer arguing that that the Rehearing Request should be denied. On November 16, 2022, Flat Ridge 5 and Cowskin submitted an answer to SPP's November 1, 2022 Motion for Leave to Answer and Answer, arguing that the Commission should deny the SPP Motion because it violates the Commission's rule prohibiting answers to rehearing requests, violates the Commission's deadline for answers, and the motion itself constituted a rehearing request that violates the statutory deadline. Agenda item E-7 may be an order on the rehearing request.
E-8 – North Fork Solar Project, LLC (Docket No. ER23-737-000). On December 16, 2022, North Fork Solar Project, LLC (North Fork) filed a request for a limited waiver of certain milestone requirements set forth in the Amended and Restated Generator Interconnection Agreement (GIA), dated February 11, 2022, among Southwest Power Pool, Inc. (SPP), Western Farmers Electric Cooperative (Western Farmers), and North Fork, and Section 4.4.4 of the Generator Interconnection Procedures (GIP) set forth in Attachment V to SPP's Open Access Transmission Tariff (SPP Tariff). North Fork is developing an approximately 120 MW solar facility in Kiowa, Oklahoma (North Fork Project). As set forth in Appendix B to the GIA, the scheduled Commercial Operation Date (COD) of the North Fork Project is May 1, 2024, which represents an extension from the original COD of December 1, 2019. Under the GIA, the COD cannot be further extended unless FERC determines that there is good cause to grant such an extension, which cannot exceed 90 days unless the delay is caused by the acts or omissions of SPP or Western Farmers. North Fork is seeking a limited, 90-day extension to align the COD with the mechanical completion date provided by the North Fork Project's Engineering, Procurement, and Construction (EPC) contractor and to allow a 90-day period between the project's mechanical completion and the COD, as required under the North Fork Project's power purchase agreement. North Fork has argued that good cause exists to grant these limited waivers and allow for an extension of the COD until July 30, 2024. North Fork represents that it has satisfied all financial and development milestones under the GIA, has a power purchase agreement for the full output of the North Fork Project, and is actively negotiating an EPC contract. Additionally, SPP and Western Farmers did not oppose the request for waiver. Agenda item E-8 may be an order on the request for waiver.
E-9 – ZEP Grand Prairie Wind, LLC (Docket No. ER23-137-000). On October 19, 2022, ZEP Grand Prairie Wind, LLC (ZEP Wind) requested a prospective waiver of Attachment X, Section 4.4.4 of the Midcontinent Independent System Operator, Inc.'s (MISO) Open Access Transmission, Energy and Operating Reserve Markets Tariff (Tariff) and Section 2.3.1 of the Generator Interconnection Agreement (GIA) dated December 30, 2019 between ZEP Wind, MISO, and City of Springfield, IL Office of Public Utilities (Springfield). ZEP Wind explained that the prospective waiver is necessary to extend the commercial operation date (COD) milestone for ZEP Wind's 150 MW wind facility (the Project) approximately fourteen months beyond the three-year extension limit provided under Section 4.4.4 of Attachment X of the Tariff and incorporated by reference in Section 2.3.1 of the GIA. An extension of the Project's COD until February 1, 2027 is needed to provide ZEP Wind sufficient time to overcome the interruptions and delays related to the development of the Project caused by the global COVID-19 pandemic and continued supply chain issues. ZEP Wind further explained that this a limited one time waiver request and is consistent with waivers the Commission has granted of Section 4.4.4 of Attachment X of the MISO Tariff to other developers. Lastly, MISO and Springfield both support the waiver request. Agenda item E-9 may be an order on the waiver request.
E-10 – Southwest Power Pool, Inc. (Docket No. ER22-709-003). On December 22, 2021, Southwest Power Pool, Inc. (SPP) submitted, pursuant to section 205 of the Federal Power Act, proposed revisions to Attachment H of the SPP Open Access Transmission Tariff (SPP Tariff) to implement for Missouri Joint Municipal Electric Utility Commission (MJMEUC) an Annual Transmission Revenue Requirement (ATRR) derived from a formula rate. The proposed revisions were filed to reflect a transfer in ownership of transmission assets associated with the City of Nixa, Missouri (Nixa Assets) from GridLiance High Plains, LLC (GridLiance HP) to MJMEUC. The Nixa Assets are currently under the functional control of SPP and located in SPP transmission pricing Zone 10 under the SPP Tariff, known as the Southwestern Power Administration zone, with a determination as to the justness and reasonableness of that zonal placement to be made by the Commission in Docket No. ER18-99-005. In response to the December 22, 2021 filing, interventions were filed by the Missouri Public Service Commission, American Electric Power Service Corporation, Western Farmers Electric Cooperative, ARKMO Cities, Evergy Kansas Central, Inc. Evergy Metro, Inc., Evergy Missouri West, Inc., Associated Electric Cooperative, Inc., Xcel Energy Services, Inc., GridLiance HP, and MJMEUC. On January 12, 2022, the ARKMO Cities filed a limited protest. On January 13, 2022, MJMEUC filed an answer in opposition to the ARKMO Cities' limited protest. On March 31, 2022, Commission Staff issued a deficiency letter to MJMEUC requesting additional information be provided regarding the filing. On April 25, 2022, SPP submitted on behalf of MJMEUC a response to the deficiency letter. On May 24, 2022, the Commission issued its Order Accepting Proposed Tariff Revisions, Subject to Refund and Establishing Hearing and Settlement Judge Procedures. The Commission accepted MJMEUC's proposed revisions to the SPP Tariff, effective June 1, 2022, subject to refund and the outcome of the proceeding in Docket No. ER18-99 concerning the zonal placement and cost allocation of the Nixa Assets. The Hearing Order also established hearing and settlement judge procedures. On November 2, 2022, MJMEUC filed its Offer of Settlement and Settlement Agreement. On November 21, 2022, the Settlement Judge issued its Final Report of the settlement proceedings. On November 22, 2022, Trial Staff filed their Initial Comments in Support of the Offer of Settlement and Settlement Agreement. On December 28, 2022, the Certification of the Uncontested Offer of Settlement was filed by the Settlement Judge. The settlement proceedings were terminated on January 5, 2023. Agenda item E-10 may be an order on the offer of settlement and settlement agreement.
E-11 – DLS – Laskin Project Co, LLC, DLS – Sylvan Project Co, LLC, DLS – Jean Duluth Project Co, LLC (Docket Nos. ER22-2988-000, ER22-2990-000, ER22-2991-000). On September 30, 2022, DLS – Laskin Project Co., LLC, DLS – Sylvan Project Co., LLC, and DLS – Jean Duluth Project Co., LLC (collectively, the Joint Solar Applicants) and ALLETE, Inc. d/b/a Minnesota Power (Minnesota Power) (together with the Joint Solar Applicants, the Joint Applicants) submitted a joint application requesting that the Commission authorize affiliate power sales between the Joint Solar Applicants (as market-regulated power sales affiliates) and Minnesota Power, a franchised public utility with captive customers, pursuant to three separate Purchased Power Agreements (Project PPAs). On January 10, 2023 the Joint Applicants submitted a Request for Expedited Review of the Joint Application as the Commission has not yet issued an order on the Joint Application. Agenda item E-11 may be an order on the order on the joint application requesting authorization to make affiliate power sales.
E-12 – FirstEnergy Corp. (Docket No. EC21-77-001). On November 16, 2022, FirstEnergy Service Company, on behalf of FirstEnergy Corp. (FirstEnergy) and its jurisdictional subsidiaries (together, the Applicants), submitted a Notice of Non-Material Change in Fact (Notice) pursuant to Ordering Paragraph (B) of the Commission's order issued in Docket No. EC21-77, FirstEnergy Corp., 176 FERC ¶ 61,022 (2021) (FE 203 Order). Applicants explained they were filing the Notice out of an abundance of caution in light of the Commission's order in TransAlta Energy Marketing (U.S.) Inc. et al., 181 FERC ¶ 61,055 (2022) (TransAlta Order). When the Commission issued the FE 203 Order, the FirstEnergy Board of Directors (FirstEnergy Board) was comprised of fourteen (14) directors. Subsequently, FirstEnergy's 2022 proxy statement nominated twelve (12) director candidates to be voted upon at its annual meeting of shareholders, held on May 17, 2022 (the Board Composition Change). All twelve (12) candidates were elected at the shareholder meeting. At the time of filing the Notice, the FirstEnergy Board was compromised of eleven (11) directors following the retirement of Mr. Steven Strah on September 15, 2022. The Board Composition Change occurred after issuance of the FE 203 Order but prior to the Commission's prospective findings in the TransAlta Order. Applicants stated they were informing the Commission of the non-material change in fact based on the Board Composition Change because the proposed transaction has not yet been consummated and in light of the newly-announced findings in the TransAlta Order. Agenda item E-12 may be an order with respect to the Applicants' non-material change in fact filing.
E-13 – Tenaska Clear Creek Wind, LLC v. Southwest Power Pool, Inc. (Docket No. EL21-77-003). On October 7, 2022, Tenaska Clear Creek Wind, LLC (Tenaska Clear Creek) filed a Request for Rehearing. Tenaska Clear Creek requested rehearing of the Commission's September 9, 2022 order on compliance in Tenaska Clear Creek, LLC v. Sw. Power Pool, Inc., 180 FERC ¶ 61,160 (2022) (September 9 Order) and addressing arguments raised on rehearing in Tenaska Clear Creek, LLC v. Sw. Power Pool, Inc., 177 FERC ¶ 61,200 (2021) (December 16 Order). In the September 9 Order, the Commission denied Tenaska Clear Creek's complaint challenging SPP's proposal to assign the Clear Creek Project over $100 million in network upgrade costs to the Clear Creek Project. On October 11, 2022, Tenaska Clear Creek filed a Motion for a Stay of the September 9 Order. Tenaska Clear Creek filed a motion for a stay of the proceedings because its October 7 request for rehearing would not automatically stay a Commission order and as such Tenaska Clear Creek now would be required to pay millions of dollars under Facilities Construction Agreements (FCAs) with Kansas City Power and Light Company (KCP&L) and the Western Area Power Administration (WAPA) to fund a significant expansion of the Southwest Power Pool, Inc. (SPP) system while Tenaska Clear Creek challenges the Commission's orders on rehearing and appeal. On October 24, 2022, MidAmerican Energy Company (MidAmerican) and SPP filed motions opposing Tenaska Clear Creek's Motion for Stay. MidAmerican and SPP argue that implementation of the September 9 Order will not result in irreparable harm to Tenaska Clear Creek. On October 31, 2022, SPP filed a Motion for Leave to Answer and Answer in response to Tenaska Clear Creek's October 7 rehearing request. SPP argued that the Rehearing Request should be denied. On November 4, 2022, Tenaska Clear Creek filed its Answer to SPP and MidAmerican's Motions Opposing their Motion to Stay the Proceeding and SPP's Motion for Leave to Answer and Answer to the October 7 Rehearing Request. Tenaska Clear Creek argues that SPP's and MidAmerican's arguments because the harm that Tenaska Clear Creek will suffer as a result of the September 9 Order is neither speculative nor uncertain. Agenda item E-13 may be an order Tenaska Clear Creek's rehearing request and/or motion to stay the September 9 Order.
E-14 – Louisiana Public Service Commission, Arkansas Public Service Commission, and Council of the City of New Orleans, Louisiana v. System Energy Resources, Inc., Entergy Services, LLC, Entergy Operations, Inc., and Entergy Corporation (Docket No. EL21-56-001). On March 2, 2021, Louisiana Public Service Commission, Arkansas Public Service Commission, and Council of the City of New Orleans, Louisiana (collectively, State Regulators) filed a formal complaint against System Energy Resources, Inc. (System Energy), Entergy Services, LLC, Entergy Operations, Inc., and Entergy Corporation, pursuant to sections 206, 306, and 309 of the Federal Power Act (FPA). In the complaint, State Regulators alleged that System Energy violated its obligation of prudent utility management in operating the Grand Gulf nuclear generating unit, which resulted in large overcharges to its four affiliated operating customers, all of which were Entergy subsidiaries. State Regulators stated that the overcharges contravened the provisions of a Unit Power Sales Agreement relating to the Grand Gulf nuclear plant. Specifically, the complaint claimed that the mismanagement led to a degradation of generating output since 2012 and, at a minimum, passed on $360 million in imprudent costs to customers. On April 16, 2021, System Energy and the Entergy subsidiaries filed a motion to dismiss the complaint and answer, asserting that State Regulators did not act when an uprate of the Grand Gulf unit was completed in 2012. Additionally, the answer stated that the Louisiana Public Service Commission actively supported the uprate of Grand Gulf, and accordingly, a refund request nine years later is improper and should not be authorized. The answer also provided examples of the complaint not substantiating the root causes of the alleged imprudent management and referred to petitions that were ultimately denied by other agencies with jurisdiction, such as the Nuclear Regulatory Commission. On June 23, 2022, the parties filed a partial settlement agreement and offer of settlement to resolve certain outstanding issues. On November 17, 2022, the Commission issued an order approving the partial settlement, and on November 18, 2022, the Commission established hearing and settlement judge procedures in order to resolve the remaining material issues. On December 16, 2022, System Energy and the Entergy subsidiaries filed a request for rehearing of the November 18 order, stating that the Commission erred in not dismissing the remaining portions of the complaint and jeopardizing the operation of the Grand Gulf unit, as well as implicitly acknowledging the claims of imprudent management as being scrutinized. Agenda item E-14 may be an order on the request for rehearing.
E-15 – RENEW Northeast, Inc. and the American Clean Power Association v. ISO New England Inc. (Docket No. EL22-42-000). On March 15, 2022, RENEW Northeast, Inc. and the American Clean Power Association (collectively, Complainants) filed a complaint against ISO New England, Inc. (ISO-NE), pursuant to sections 206 and 306 of the FPA. Namely, Complainants requested that the Commission remedy alleged undue practices granted to natural gas-fired generation resources. The complaint stated that the gas units do not have either dual-fuel capability nor firm supply arrangements and, consequently, ISO-NE improperly assumes that gas-only resources are equivalent to sources with dedicated and known fuel inventories. Complainants alleged that the ISO-NE Tariff grants undue preferences to gas-only resources with respect to resource capacity accreditation in the Forward Capacity Market, and in the designation of, and payments to, gas-only resources as operating reserves. Complainants also asserted that intermittent renewable generating resources are subject to significantly lower capacity ratings and represents an undue preference by ISO-NE. On April 14, 2022, ISO-NE submitted a motion to dismiss and answer, stating that Complainants did not satisfy the requisite burden of proof and did not furnish any specific references to unlawful or discriminatory Tariff provisions. Agenda item E-15 may be an order on the complaint.
E-16 – Southwestern Public Service Company v. Southwest Power Pool, Inc. (Docket No. EL22-30-001). On February 11, 2022, Southwestern Public Service Company (SPS) filed a complaint against Southwest Power Pool, Inc. (SPP), pursuant to section 206 of the FPA. SPS alleged that SPP's resettlement of the Day-Ahead Market for the operating day of February 17, 2021 inappropriately excluded a SPS generating facility in a manner that contravened the provisions of the SPP Tariff. In the complaint, SPS stated that SPP erroneously zeroed out the cleared Day-Ahead energy provided by SPS to the market during Winter Storm Uri. SPS claimed that only one of the three configurations in the generating unit was accurately designated as an outage, and that SPP incorrectly designated the other two as outages despite the provision of power. Accordingly, SPS requested that the Commission resolve the discrepancy and settle the amount of approximately $15 million in lost payment for service, since the software error reduced the potential load served in the Day-Ahead Market from $27.2 million to the overall result of $12.5 million. On March 10, 2022, SPP filed an answer to the complaint, acknowledging the software error but maintaining that SPS is unreasonably requesting to be paid retroactively for the opportunity cost of the misattributed outages and not for additional revenues in the Day-Ahead Market that were not paid. SPP claims that SPS should not be paid for output that was not generated. On October 7, 2022, the Commission issued an order denying the complaint, finding that SPS had not satisfied its burden of proof in demonstrating that SPP violated the terms of the Tariff. Rather, the SPP Tariff contains specific provisions outlining corrections to software errors and that SPP had acted reasonably in complying with those provisions. On November 7, 2022, SPS filed a request for rehearing of the October 7 order, reaffirming that the failure to resettle based on SPP's self-induced error should be borne not by SPS but SPP, and that the Commission should act to rectify the dispute. Agenda item E-16 may be an order on the request for rehearing.
E-17 – Generate Capital, PBC (Docket No. EL23-7-000). On October 25, 2022, Generate Capital, PBC (Generate) filed a petition for declaratory order, pursuant to sections 366.3(b)(1), 366(d), and 366.4(b)(3) of the Regulations of the Commission. Following the recent acquisition of Texas Microgrid, LLC and formation of Texas Microgrid II, LLC, Generate requested that the Commission grant itself, and current and future subsidiary companies, an exemption from the access to books and records requirements as well as the accounting, record-retention, and reporting requirements. The exemption request stems from the acquisition of direct and/or indirect voting securities in the Texas Microgrid entities. Agenda item E-17 may be an order on the petition.
Hydro
H-1 – North Hartland, LLC (Docket No. P-2816-050). On November 26, 2019, North Hartland, LLC (NHL) submitted a final license application for a minor water power project, Project No. 2816, located in Vermont. The application initiated the third stage of consultation of the traditional hydroelectric licensing process for NHL to continue to operate and maintain the project. On April 28, 2022, the Commission issued the Draft Environmental Assessment for the project, finding that the license would not constitute a major federal action significantly affecting the quality of the human environment, conditioned on the implementation of certain staff-recommended environmental measures. Agenda item H-1 may be an order on the license application.
H-2 – Georgia Power Company (Docket No. P-2354-152). On September 24, 2021, Georgia Power Company (GPC) submitted an application for a non-capacity related amendment to the North Georgia Project, Project No. 2354, located in Georgia. The proposal would replace and upgrade certain generating units in order to increase the rating for each unit, resulting in an approximately 19 MW increase in total. GPC asserted in the application that the amendments would not alter any project features or operations and would not adversely affect environmental resources or water quality. On December 1, 2022, the Commission issued the Environmental Assessment for the project, finding that the amendments would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item H-2 may be an order on the amendment application.
H-3 – California Department of Water Resources (Docket No. P-2100-185). On January 29, 2018, the California Department of Water Resources (DWR) submitted a letter responsive to a Commission request for the environmental resources report for the Oroville Spillway Emergency Response and Recovery, following the unanticipated failure of the Lake Oroville main spillway and subsequent degradation of the area below the emergency spillway. In the response, DWR also indicated that the project description furnished in the license has been updated to reflect the design and construction that was completed as part of the Oroville Emergency Recovery. On November 8, 2018, the Commission issued the Draft Environmental Assessment (EA) for the project, finding that approval of DWR's proposal to reconstruct the main and emergency spillways and to relocate a project transmission line, along with implementation of certain mitigating actions, for the response and recovery effort, would not constitute a major federal action significantly affecting the quality of the human environment. On September 1, 2022, the Commission issued the Final EA for the project, affirming the finding of no significant impact. Agenda item H-3 may be an order on the emergency response and recovery amendments to the project.
H-4 – Brookfield White Pine Hydro LLC (Docket No. P-2530-061). On November 20, 2020, Brookfield White Pine Hydro LLC (BWPH) filed an application for new license of major water power project—the Hiram Hydroelectric Project—with existing dam, Project No. 2530, located in Maine. BWPH stated that the current 40-year term for the project license was due to expire on November 30, 2022. The project is subject to the terms of a multi-project settlement agreement relating to fisheries management and the site of a specific upstream fish passage facility; otherwise, BWPH stated that the application did not propose any significant changes to project facilities or operations. On April 20, 2022, the Commission issued the Final EA for the license would not constitute a major federal action significantly affecting the quality of the human environment, conditioned on the implementation of certain staff-recommended environmental measures. On September 23, 2022, the Commission issued an order granting the new license for the project. On October 24, 2022, the Sebago Chapter of Trout Unlimited filed a request for rehearing of the September 23 order. Agenda item H-4 may be an order on the rehearing request.
Certificates
C-1 – Great Basin Gas Transmission Company (Docket No. CP22-141-000). On March 30, 2022, Great Basin Gas Transmission Company (Great Basin) filed an application (Application) pursuant to sections 7(b) and 7(c) of the Natural Gas Act (NGA) and Subpart A of Part 157 of the Commission's regulations requesting authorization to abandon, construct, and operate certain natural gas pipeline facilities in Humboldt County, Nevada (2023 Mainline Replacement Project). Specifically, Great Basin requests authorization to abandon in-place or abandon by removal approximately 20.4 miles of its existing 16-inch-diameter steel pipeline and construct as replacement approximately 20.4 miles of new 16-inch-diameter steel pipeline. Great Basin explains in the Application that such replacement is needed to address indications that the subject segment is approaching the end of its useful life, as demonstrated by integrity assessments, including inline inspections and direct assessments. On November 11, 2022, Commission staff issued an Environmental Assessment for the 2023 Mainline Replacement Project concluding that approval thereof, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-1 may be an order on the Application.
C-2 – Omitted
C-3 – Saguaro Connector Pipeline, L.L.C. (Docket No. CP23-29-000). On December 20, 2022, Saguaro Connector Pipeline, L.L.C. (Saguaro) filed an application (Application) with the Commission seeking authorization under section 3 of the Natural Gas Act (NGA) and Subpart B of the Commission's regulations, requesting authorization to site, construct, connect, operate, and maintain certain natural gas pipeline facilities (Border Facilities) for the export of natural gas at a point on the international boundary between the United States, in the vicinity of Sierra Blanca in Hudspeth County, Texas, and Mexico. Saguaro also requests in the Application that the Commission issue a Presidential Permit authorizing Saguaro to site, construct, connect, operate, and maintain the Border Facilities for the export of natural gas from the United States to Mexico. On February 3, 2023, the Commission issued a Notice of Scoping Period (Notice), requesting comments on environmental issues for the construction and operation of the Border Facilities by Saguaro. Agenda item C-3 may be an order on the Application generally or the requested Presidential Permit specifically.
C-4 – Columbia Gas Transmission, LLC (Docket No. CP22-227-000). On April 26, 2022, Columbia Gas Transmission, LLC (Columbia) filed an application (Application) pursuant to sections 7(b) and 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations requesting authorization to construct and operate two new injection and withdrawal wells and related pipeline and appurtenances in a new well pad, and to plug and abandon four injection and withdrawal wells and related pipeline and appurtenances within the Coco B Storage Field in Kanawha County, West Virginia (Coco B Wells Replacement Project). According to Columbia Gas, the purpose of the Coco B Wells Replacement Project is to protect the integrity of the Coco B storage field, as well as Columbia's certificated facilities and services by abandoning the four existing injection and withdrawal wells due to their integrity and physical location risk, and replacing those abandoned wells with two new injection and withdrawal wells to maintain storage field deliverability, particularly in the critical late-season window of the withdrawal season. On October 20, 2022, Commission staff issued an Environmental Assessment for the Coco B Wells Replacement Project concluding that approval thereof, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-4 may be an order on the Application.
C-5 – Mountain Valley Pipeline, LLC (Docket Nos. CP16-10-010, CP19-477-002, CP21-57-002). On October 13, 2017, in Docket No. CP16-10-000, the Commission issued an order authorizing Mountain Valley Pipeline, LLC (Mountain Valley) to construct and operate the Mountain Valley Pipeline Project (Certificate Order), which would provide up to 2,000,000 dekatherms per day (Dth/d) of firm transportation service from an interconnection with Equitrans, L.P. in Wetzel County, West Virginia, to Transcontinental Pipe Line Company, LLC's Compressor Station 165 in Pittsylvania County, Virginia. The Certificate Order required Mountain Valley to construct the project and make it available for service within three years, i.e. by October 13, 2020. On April 16, 2020, in Docket No. CP19-477-000, the Commission issued an order authorizing Mountain Valley to use its blanket certificate authority to construct and operate a new metering and regulating station and related facilities in Monroe County, West Virginia (Greene Interconnect Project). Under the Commission's regulations and subsequent authorizations, Mountain Valley was required to place the Greene Interconnect Project into service by October 9, 2021. On October 9, 2020, the Commission issued an order (First Extension Order) granting Mountain Valley's August 25, 2020, request for a two-year extension of time to complete the mainline project, extending the deadline to October 13, 2022. On August 23, 2022, the Commission issued an order (Second Extension Order) granting Mountain Valley's June 24, 2022 request for a four-year extension of time, until October 13, 2026, to complete construction of the mainline project and make it and the Greene Interconnect Project available for service. On September 29, 2022, Natural Resources Defense Council and Appalachian Mountain Advocates, on behalf of a number of intervenors, each filed separate rehearing requests of the Second Extension Order (collectively, the Rehearing Requests). The Rehearing Requests generally asserted that the Commission failed in its Second Extension Order to meaningfully address new information that undermines the Commission's previous determinations under the Natural Gas Act and the National Environmental Policy Act, and failed to address arguments demonstrating that Mountain Valley did not carry its burden to establish good cause for its June 24, 2022, request for a second extension of time. On October 24, 2022, the Commission issued a notice of denial of rehearing by operation of law with respect to the Rehearing Requests while providing that the Commission would address the Rehearing Requests in a future order. Agenda item C-5 may be an order on the Rehearing Requests.
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