Below are summaries of the agenda items for the Federal Energy Regulatory Commission's January 19, 2021 open meeting, pursuant to the agenda issued on January 12, 2021. Agenda items E-2, E-9, E-10, E-11, E-12, E-13, E-14, E-16, E-18, G-2, G-5, H-2, H-4, H-5, H-6, C-4, C-5, C-6, and C-17 have not been summarized due to omission.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate Items
Electric
E-1 – Electric Transmission Incentives Policy Under Section 219 of the Federal Power Act (Docket No. RM20-10-000). On March 20, 2020, the Commission issued a notice of proposed rulemaking (NOPR) proposing revision to the implementing regulations of section 219 of the Federal Power Act (FPA) to address recent changes in transmission development and planning. Generally, the NOPR proposes to revise the Commission's transmission incentives policy so that it is more aligned with the text of section 219 of the FPA and proposes various adjustments to the return on equity incentives available to public utilities. Numerous entities submitted comments on the NOPR. Agenda item E-1 may be an order on the NOPR.
E-2 – Omitted
E-3 – Cricket Valley Energy Center, LLC and Empire Generating Company, LLC v. New York Independent System Operator, Inc. (Docket No. EL21-7-000). On October 14, 2020, pursuant to sections 206 and 306 of the FPA, Cricket Valley Energy Center LLC (Cricket Valley) and Empire Generating Company, LLC (Empire Generating) filed a complaint against the New York Independent System Operator, Inc. (NYISO) requesting that the Commission issue an order finding that the NYISO offer floor rules in Attachment H of the NYISO's Market Administration and Control Area Services Tariff are unjust, unreasonable, and unduly discriminatory because they fail to address price suppression in the installed capacity Spot Market Auctions resulting from resources receiving out-of-market payments. The complaint also requests that the Commission establish a just and reasonable replacement rate for the NYISO offer floor rules. Agenda item E-3 may be an order on the Cricket Valley and Empire Generating complaint.
E-4 – North American Electric Reliability Corporation (Docket No. RR19-7-001). On January 23, 2020, the Commission issued an order (January 2020 Order) accepting the North American Electric Reliability Corporation's (NERC) filing of its Five-Year Electric Reliability Organization Performance Assessment Report (Performance Assessment). The Commission's January 2020 order directed NERC to submit a compliance filing within ninety days providing additional information and a second compliance filing within 180 days revising its Rules of Procedure to address various matters from the January 2020 Order. On June 1, 2020 and September 28, 2020, NERC submitted compliance filings in response to the January 2020 Order. Agenda item E-4 may be an order on NERC's two compliance filings.
E-5 – Revisions to Regulations on Electric Reliability Organization Performance Assessments (Docket No. RM21-12-000). Agenda item E-5 will establish a new docket and may include the issuance of a NOPR regarding revisions to the Commission's regulations on Electric Reliability organization performance assessments.
E-6 – Accounting and Reporting Treatment of Certain Renewable Energy Assets (Docket No. RM21-11-000). Agenda item E-6 will establish a new docket and may include the issuance of a NOPR regarding accounting and reporting treatment of certain renewable energy assets.
E-7 – Locke Lord LLP (Docket No. AC20-103-000). On April 28, 2020, Lock Lorde LLP (Locke Lorde) submitted a request to the Commission's chief accountant seeking conformation that the cost of specific electric wind and solar generating equipment is properly booked to the Commission's Uniform System of Accounts numbers 343, 344 and 345, which pertain to Production Plant. Agenda item E-7 may be an order on Lock Lorde's accounting request.
E-8 – Southwestern Electric Power Company (Docket Nos. ER20-3040-001, ER20-3042-000, ER20-3042-001, ER20-3043-001, ER20-3044-001, ER20-3045-001 (not consolidated)). On September 30, 2020 and as amended on November 20, 2020, pursuant to section 205 of the FPA, Southwestern Electric Power Company (SWEPCO) filed revisions to certain discrete formula rate inputs to power supply agreements between SWEPCO and (1) Hope Water and Light Commission; (2) the City of Bentonville, Arkansas; (3) East Texas Electric Cooperative, Inc. and Northeast Texas Electric Cooperative, Inc. (NTEC); (4); NTEC; and (5) the City of Prescott, Arkansas. Agenda item E-8 may be an order on SWEPCO's power supply agreements.
E-9 – Omitted
E-10 – Omitted
E-11 – Omitted
E-12 – Omitted
E-13 – Omitted
E-14 – Omitted
E-15 – Hybrid Resources (Docket No. AD20-9-000). On April 7, 2020, the Commission issued a notice of technical conference (Technical Conference Notice) to be held on July 23, 2020 to discuss technical and market issues prompted by growing interest in projects that are comprised of more than one resource type at the same plant location (hybrid resources). The Technical Conference Notice stated that the Commission's inquiry would focus on a generation resource and an electric storage resource paired together as a hybrid resource. On August 10, 2020, the Commission issued a notice inviting post-technical conference comments. Numerous entities submitted comments after the technical conference in response to the Commission's request. Agenda item E-15 may be an order related to hybrid resources.
E-16 – Omitted
E-17 – Indiana Municipal Power Agency, and City of Lawrenceburg, Indiana v. PJM Interconnection, L.L.C., American Electric Power Service Corp., and Lawrenceburg Power, LLC (Docket No. EL20-30-001), PJM Interconnection, L.L.C. (Docket No. EL20-56-001). On March 6, 2020, pursuant to section 306 of the FPA, Indiana Municipal Power Agency (IMPA) and the City of Lawrenceburg, Indiana (City of Lawrenceburg) filed a petition for declaratory relief and complaint against PJM Interconnection, L.L.C. (PJM), American Electric Power Service Corp., as designated agent for the AEP Operating Companies, and Lawrenceburg Power, LLC (Lawrenceburg Power), regarding the station power self-supply monthly netting provision of the PJM Open Access Transmission Tariff (PJM OATT). On September 17, 2020, the Commission issued an order granting, in part, and denying, in part, the petition, while also instituting a proceeding pursuant to section 206 of the FPA requiring PJM to revise its OATT and PJM Operating agreement or to show cause why such changes are not needed, all as further described in the order (September Order). On October 19, 2020, IMPA, City of Lawrenceburg, and Lawrenceburg Power requested rehearing of the September Order. On November 19, 2020, the Commission issued a Notice of Denial of Rehearing by Operation of Law (November 19 Notice) stating that the rehearing requests filed in the proceeding will be addressed in a future order. Agenda item E-17 may be the future order referenced in the Commission's November 19 Notice.
E-18 – Omitted
E-19 – Calpine Corporation, Dynegy Inc., Eastern Generation, LLC, Homer City Generation, L.P., NRG Power Marketing LLC, GenOn Energy Management, LLC, Carroll County Energy LLC, C.P. Crane LLC, Essential Power, LLC, Essential Power OPP, LLC, Essential Power Rock Springs, LLC, Lakewood Cogeneration, L.P., GDF SUEZ Energy Marketing NA, Inc., Oregon Clean Energy, LLC, and Panda Power Generation Infrastructure Fund, LLC v. PJM Interconnection, L.L.C., PJM Interconnection, L.L.C. (Docket Nos. EL16-49-004, ER18-1314-007, ER18-1314-008, EL18-178-004). On June 29, 2018, the Commission issued an order addressing two underlying proceedings that were initiated due to increasing out of market support or state subsidies that were having a suppressive effect on the price of capacity procured by PJM Interconnection L.L.C. (PJM) through its Reliability Pricing Model (RPM) capacity market (June Order). In the first underlying proceeding, Calpine Corporation (Calpine) and other generation entities filed a complaint against PJM pursuant to section 206 of the Federal Power Act (FPA) alleging that the Minimum Offer Pricing Rule (MOPR) in PJM's OATT was unjust and unreasonable because it did not account for the impact on the RPM of existing resources receiving out of market subsidies. In the second underlying proceeding, PJM, pursuant to section 205 of the FPA filed proposed revisions to its OATT that included two alternate proposals to address the suppressive effects of out of market support for certain resources. The June Order rejected PJM's alternate proposals, found PJM's OATT unjust and unreasonable, granted Calpine's complaint in part, and also initiated a proceeding under section 206 of the FPA in a new docket because the Commission could not make a final determination regarding the just and reasonable replacement rate. On April 16, 2020, the Commission issued an order denying requests for rehearing and granting limited clarification. On October 15, 2020, the Commission issued an order addressing arguments on rehearing, MOPR-related compliance fillings, and proposed auction implementation schedule. Specifically, the order accepted PJM's March 2020 and June 2020 MOPR-related compliance filings and directed PJM to submit a further compliance filing on a number of issues. In accordance with the Commission's directive, PJM has submitted compliance ordered by the Commission in its October 15, 2020 order. In addition, several parties have filed requests for rehearing or, in the alternative, requests for clarification of the Commission's October 15 order. Agenda item E-19 may be an order relating to the various filings in response to the Commission's October 15 order.
E-20 – Calpine Corporation, Dynegy Inc., Eastern Generation, LLC, Homer City Generation, L.P., NRG Power Marketing LLC, GenOn Energy Management, LLC, Carroll County Energy LLC, C.P. Crane LLC, Essential Power, LLC, Essential Power OPP, LLC, Essential Power Rock Springs, LLC, Lakewood Cogeneration, L.P., GDF SUEZ Energy Marketing NA, Inc., Oregon Clean Energy, LLC, and Panda Power Generation Infrastructure Fund, LLC v. PJM Interconnection, L.L.C., PJM Interconnection, L.L.C. (Docket Nos. EL16-49-006, EL18-178-006, ER18-1314-010). On December 19, 2019, the Commission issued an order, inter alia, directing PJM to submit a replacement rate that retains PJM's current review of new natural gas-fired resources under the MOPR and extends the MOPR to include both new and existing resources, internal and external, that receive, or are entitled to receive, certain out of market payments, with certain exemptions (December Order). On April 16, 2020, the Commission issued an order affirming its December Order in which it directed PJM to apply the MOPR to all state-subsidized capacity resources. On October 15, 2020, the Commission issued an order largely upholding its April 2020 order. In addition, the Commission accepted certain compliance filings made by PJM regarding several programs that are not categorically state subsidies. Several parties have filed requests for rehearing or, in the alternative, requests for clarification of the Commission's October 15 order. Agenda item E-20 may be an order relating to the various filings in response to the Commission's October 15 order.
Gas
G-1 – Northern Border Pipeline Company (Docket No. RP21-38-000). On October 6, 2020, Northern Border Pipeline Company (Northern Border) submitted a petition for limited waiver capacity release provisions of its tariff and Commission regulations so that Northern Border may retroactively modify a prior capacity release from Oasis Petroleum Marketing to Twin Eagle Resource Management. Agenda item G-1 may be an order on the petition for capacity release waiver.
G-2 – Omitted
G-3 – Driftwood Holdings LLC and Driftwood LNG LLC (Docket No. RP21-216-000). On November 13, 2020, Driftwood Holdings LLC (Driftwood Holdings) and Driftwood LNG LLC (Driftwood LNG) submitted a petition for waiver of the Commission's buy/sell prohibition, and any capacity release regulations and policies to enable Driftwood to engage in certain transactions, including the purchase of natural gas from affiliated upstream suppliers, which may be resold as liquefied natural gas in foreign commerce to a different affiliate under a long-term export contract. Agenda item G-3 may be an order on the petition for waiver.
G-4 – ANR Pipeline Company (Docket No. RP20-608-002). On February 28, 2020, ANR Pipeline Company (ANR) filed proposed tariff revisions to certain rate schedules and sections of its FERC Gas Tariff relating to ANR's proposed assessment of nominal and substantial penalties on non-critical and critical days. On August 31, 2020, the Commission issued an order on paper hearing, accepting ANR's proposed tariff records, to be effective September 1, 2020, subject to conditions. On September 30, 2020, ANR filed a request for rehearing of the August 31 order. Also on September 30, 2020, Dynegy Marketing and Trade, LLC filed a request for rehearing of the August 31 order. Agenda item G-4 may be an order on the requests for rehearing and/or clarification of the August 31 order.
G-5 – Omitted
Hydro
H-1 – Financial Assurance Measures for Hydroelectric Projects (Docket No. RM21-9-000). Agenda item H-1 may be an order on a proposed rulemaking regarding financial assurance measures for hydroelectric projects.
H-2 – Omitted
H-3 – Turlock Irrigation District and Modesto Irrigation District (Docket Nos. P-2299-082 & P-14581-002). On October 11, 2017, Turlock Irrigation District and Modesto Irrigation District filed with the Commission an amendment to the Final License Application for the Don Pedro Hydroelectric Project, FERC No. 2299. Also on October 11, 2017, Turlock Irrigation District and Modesto Irrigation District filed with the Commission an application for an original license for the La Grange Hydroelectric Project, FERC Project No. 14581. Agenda item H-3 may be an order on the applications from Turlock Irrigation District and Modesto Irrigation District.
H-4 – Omitted
H-5 – Omitted
H-6 – Omitted
H-7 – Woodland Pulp LLC (Docket No. P-2660-030). On July 27, 2017, Woodland Pulp LLC (Woodland Pulp) filed a request for declaratory order finding that the Forest City Project, FERC Project No. 2660, does not require a hydropower license from the Commission if owned and operated by the State of Maine Department of Inland Fisheries & Wildlife (DIFW). On December 21 2017, the Commission issued an order determining that Forest City Project, if owned and operated by the DIFW, requires a license from the Commission. On January 19, 2018, Woodland Pulp filed a request for rehearing of the December 21 order. On June 2, 2020, Woodland Pulp submitted a letter requesting the Commission continue to postpone acting on Woodland Pulp's pending surrender application or its pending rehearing request until the State of Maine has had an opportunity to identify a new and independent third-party owner of the dam and to prepare and operations plan to be implemented by that new owner. Agenda item H-7 may be an order relating to Woodland Pulp's request for rehearing.
H-8 – Wisconsin Electric Power Company (Docket No. P-2486-088). On July 16, 2019, Wisconsin Electric Power Company (Wisconsin Electric) filed an application to extend the license term for the Pine Project No. 2486 (Pine Project), so that it expires on July 31, 2040. On November 19, 2020, the Commission issued an order granting the extension. On December 18, 2020, several parties filed requests for rehearing of the Commission's order granting the license extension. Agenda item H-8 may be an order relating to the requests for rehearing.
Certificates
C-1 – Categorical Exclusions under the National Environmental Policy Act (Docket No. RM21-10-000). Agenda item C-1 may be a Notice of Proposed Rulemaking, or Notice of Inquiry, addressing categorical exclusions under the National Environmental Policy Act.
C-2 – New Fortress Energy LLC (Docket No. CP20-466-000). On June 18, 2020, the Commission issued, pursuant to its authority under Section 3 of the Natural Gas Act, an order to show cause why the liquefied natural gas (LNG) handling facility constructed by New Fortress Energy LLC (New Fortress) at the Port of San Juan in Puerto Rico, adjacent to the San Juan Combined Cycle Power Plant, is not subject to the Commission's jurisdiction. On July 20, 2020, New Fortress submitted an answer asserting that the LNG facility at the Port of San Juan is not subject to the Commission's jurisdiction under section 3 of the NGA. Agenda item C-2 may be an order addressing the Order to Show Cause.
C–3 – Sabal Trail Transmission, LLC (Docket No. CP15-17-005). On November 21, 2014, Sabal Trail Transmission, LLC (Sabal Trail) filed an Abbreviated Application for a Certificate of Public Convenience and Necessity and Related Authorizations for the Sabal Trail Project (Project). The Project includes a combination of leased capacity, approximately 516.2 miles of new greenfield construction in Alabama, Georgia, and Florida, and five natural gas fired compressor stations to provide approximately 1,075,000 Dth/d of transportation capacity. On December 18, 2015, Commission Staff issued a Final Environmental Impact Statement that assessed the potential environmental impacts that could result from constructing and operating the Hillabee Expansion, Sabal Trail, and Florida Southeast Connection Projects; three separate, but related, interstate natural gas transmission pipeline projects collectively referred to as the Southeast Market Pipelines Project (SMP Project). Commission Staff ultimately determined that with the implementation of the applicants' proposed impact avoidance, minimization, and mitigation measures and adherence to staff recommendations, the SMP Project would not result in a significant impact on the environment. On February 2, 2016, the Commission issued certificates and granted the requested authorizations for the SMP Project. On April 8, 2020, Sabal Trail submitted a request to place into service the Project Phase II Facilities, specifically the Albany and Dunnellon Compressor Stations located in Dougherty County, Georgia and Marion County, Florida, respectively. On April 22, 2020, Commission Staff issued a letter order granting Sabal Trail's request. On May 22, 2020, the Sierra Club filed a request for rehearing of Commission Staff's letter order authorizing Sabal Trail to place the Phase II Facilities in service. Agenda item C-3 may be an order addressing the Sierra Club's request for rehearing.
C-4 – Omitted
C-5 – Omitted
C-6 – Omitted
C–7 – Rio Grande LNG, LLC (Docket No. CP16-454-002). On May 5, 2016, Rio Grande LNG, LLC (Rio Grande) filed an application, under section 3 of the Natural Gas Act (NGA) and Part 153 of the Commission's regulations, for authorization to site, construct, and operate facilities for the liquefaction and export of domestically-produced natural gas at a proposed liquefied natural gas (LNG) terminal located on the north embankment of the Brownsville Ship Channel in Cameron County, Texas (Rio Grande LNG Terminal). On April 26, 2019, Commission Staff issued a Final Environmental Impact Statement that assessed the potential environmental impacts that could result from constructing and operating the Rio Grande LNG Terminal and the Rio Bravo Pipeline Projects; two separate, but related projects. Commission Staff ultimately determined that construction and operation of the Rio Grande LNG Terminal Project would result in adverse environmental impacts, and that the impacts on the environment from the proposed project would be reduced to less than significant levels with the implementation of the proposed impact avoidance, minimization, and mitigation measures and additional measures recommended by Commission Staff. On November 22, 2019, the Commission issued certificates and granted requested authorizations for the Rio Grande LNG Terminal and the Rio Bravo Pipeline Project. On April 15, 2020, as supplemented several times, Rio Grande proposed design changes. The changes included, among other things, reducing the number of liquefaction trains from six to five, and increasing the liquefaction capacity of the five remaining trains. On August 13, 2020, Commission Staff issued a letter order approving the proposed design changes. On September 8, 2020, Vecinos para el Bienestar de la Comunidad Costera, Sierra Club, Save RGV from LNG, the City of Port Isabel, Cynthia and Gilberto Hinojosa (collectively, Vecinos) filed a request for rehearing of the letter order approving the design changes. Agenda item C-7 may be an order addressing the request for rehearing.
C-8 – Algonquin Gas Transmission, LLC; Maritimes & Northeast Pipeline, LLC (Docket No. CP16-9-011). On October 22, 2015, Algonquin Gas Transmission, LLC (Algonquin) and Maritimes & Northeast Pipeline, LLC (Maritimes) submitted, pursuant to section 7(c) of the NGA, an abbreviated application requesting a certificate of public convenience and necessity, and related authorizations, for the Atlantic Bridge Project (Project) which consists of pipeline and compression facilities in New York, Connecticut, and Massachusetts. On January 25, 2017, the Commission issued a certificate and granted requested authorizations for the Project. On September 16, 2020, as supplemented September 20, 2020, Algonquin and Maritimes submitted a request to place certain facilities in-service; specifically, the Weymouth Compressor Station in Norfolk, MA and the Maritimes Westbrook Metering and Regulator Station in Cumberland, ME. Commission Staff issued a letter order granting authorization to place the facilities in service on September 24, 2020. On October 23, 2020, the Fore River Residents Against Compressor Station, the City of Quincy, Massachusetts, Weymouth Councilor Rebecca Haugh, Michael H. Hayden, and Food & Water Watch filed a request for rehearing and rescission of the letter order granting in-service authorization. Agenda item C-8 may be an order addressing the request for rehearing.
C-9 – Iroquois Gas Transmission System, L.P. (Docket No. CP20-48-000). On February 3, 2020, Iroquois Gas Transmission System, L.P. (Iroquois) filed, pursuant to section 7 of the NGA, an abbreviated application requesting a certificate of public convenience and necessity, and related authorizations, to construct, own, operate, and maintain certain new natural gas compression and cooling facilities to be located at the sites of four existing Iroquois compressor stations, in Athens, New York; Dover, New York; Brookfield, Connecticut; and Milford, Connecticut. On September 30, 2020, Commission Staff issued an Environmental Assessment in which it determined that approval of the Project would not constitute a major federal action significantly affecting the quality of the human environment. Iroquois and Commission Staff subsequently exchanged information through data requests and responses. Agenda item C-9 may be an order addressing Iroquois' application.
C-10 – PennEast Pipeline Company, LLC (CP20-47-000). On January 19, 2018, the Commission granted PennEast Pipeline Company, LLC (PennEast) a certificate of public convenience and necessity and related authorizations, to construct and operate the PennEast Pipeline Project, which includes approximately 116 miles of 36-inch diameter pipeline, three lateral pipelines, one compressor station, and related facilities to provide up to 1,107,000 dekatherms per day of new firm natural gas transportation capacity. On January 30, 2020, PennEast, LLC filed, pursuant to section 7(c) of the Natural Gas Act, an Application for Amendment to Certificate of Public Convenience and Necessity for the PennEast Pipeline Project (Amendment Application). The Amendment Application requests authority to construct, own, and operate the project in two phases to accommodate delays in obtaining governmental authorizations and acquiring property rights in New Jersey. On August 3, 2020, Commission Staff issued an Environmental Assessment in which they determined that if PennEast constructs and operates the proposed facilities in accordance with its application and supplements, and recommended mitigation measures, approval of this proposal would not constitute a major federal action significantly affecting the quality of the human environment. PennEast and Commission Staff subsequently exchanged information through data requests and responses. Numerous comments were submitted by citizens opposed to the project. Agenda item C-10 may be an order addressing the request for rehearing of the In-Service Authorization.
C-11 – Mountain Valley Pipeline, LLC (Docket No. CP21-12-000). On November 18, 2020, Mountain Valley Pipeline, LLC (Mountain Valley) submitted an application, pursuant to section 7(c) of the Natural Gas Act (NGA), for a limited amendment to the existing Certificate of Public Convenience and Necessity (CPCN) granted to the Mountain Valley Project (Project). Mountain Valley sought expedited Commission approval of the CPCN amendment to enable the completion of construction by crossing all remaining applicable wetlands and waterbodies using conventional bores. According to Mountain Valley, the Project is 92 percent done and granting the amendment would ensure appropriate consideration of landowners and the environment. A number of intervenors filed comments opposing the limited CPCN amendment, citing concerns with the eminent domain process and prior resolved issues in the development of the Project. Agenda item C-11 may be an order on the Mountain Valley application for a limited amendment to the existing CPCN.
C-12 – Golden Pass LNG Terminal LLC (Docket No. CP20-459-000). On May 21, 2020, Golden Pass LNG Terminal LLC (Golden Pass) submitted an application, pursuant to section 3 of the NGA, for a limited amendment to the existing authorization granted by the Commission to site, construct, and operate LNG facilities for the Golden Pass Export Project. Golden Pass requests an increase in the authorized export capacity of the LNG terminal facilities from 15.6 million metric tons per annum (MTPA) to 18.1 million MTPA. On November 6, 2020, the Commission issued the Environmental Assessment Report, finding that the limited amendment would not constitute a major federal action significantly affecting the quality of the human environment, and therefore, would recommend approval. Agenda item C-12 may be an order on the Golden Pass application for a limited amendment to its existing LNG export authorization of the Golden Pass Export Project.
C-13 – Mountain Valley Pipeline, LLC (Docket No. CP16-10-000). On October 23, 2015, Mountain Valley Pipeline, LLC (MVP) submitted an application, pursuant to section 7(c) of the NGA, requesting a certificate of public convenience and necessity, and related authorizations, for the Mountain Valley Pipeline Project (MVPP). Mountain Valley proposes to construct, own, and operate the MVPP, which includes approximately 301 miles of new interstate natural gas pipeline, three new compressor stations, and other facilities located in West Virginia and Virginia. On June 23, 2017, Commission Staff issued a Final Environmental Impact Statement (FEIS) for the MVPP determining that construction and operation of the projects would result in limited adverse environmental impact, with the exception of impacts on forest. The FEIS recommended mitigation measures to reduce the adverse impacts on the environment to less-than-significant levels. On October 13, 2017, the Commission issued an order granting a Certificate of Public Convenience and Necessity for the MVPP. In February of 2018, MVP commenced construction on the project. On July 27, 2018, the US Court of Appeals for the Fourth Circuit (Fourth Circuit) issued an order vacating authorizations issued by the Department of the Interior's Bureau of Land Management (BLM) and the Department of Agriculture's Forest Service (Forest Service) for the project. Consequently, on August 3, 2018, the Commission issued a Notification of Stop Work Order, and re-authorized partial construction to resume on August 29, 2018 based on Staff's assessment that completing construction and restoration as promptly as possible would produce the most favorable outcome for the environment. On October 11, 2019, the Fourth Circuit issued an order granting a stay of the FWS biological opinion for the MVPP; the Commission followed suit and issued a Cessation of Certain Activities Order on October 15, 2019. On September 22, 2020, MVP filed a request for authorization to resume certain construction activities for the MVPP. The Commission granted this request by issuing an order partially authorizing the MVP request on October 9, 2020. On October 15, 2020, MVP filed a request for authorization to resume certain construction activities for the MVPP, namely to reduce the exclusion zone and allow construction to resume beyond the proposed exclusion zone. On December 17, 2020, the Commission issued an order partially authorizing the October 15 request, lifting certain stop work orders and enabling certain construction activities to resume on the MVPP. On January 12, 2021, MVP submitted a request to rescind or revoke any prior stop work and cessation orders such that the exclusion zone would be eliminated, thereby lessening any remaining legacy restrictions on MVPP construction. Agenda item C-13 may be an order on the MVP request.
C-14 – Limiting Authorizations to Proceed with Construction Activities Pending Rehearing (Docket No. RM20-15-001). On June 9, 2020, the Commission issued Order No. 871 in which it revised its regulations to preclude issuance of authorizations to proceed with construction activities with respect to Natural Gas Act (NGA) section 3 authorizations or section 7(c) certificate order until the Commission acts on the merits of any timely-filed request for rehearing or the time for filing such a request has passed. Several parties filed requests for rehearing and/or clarification of Order No. 871, including The Interstate Natural Gas Association of America, Kinder Morgan, Inc., and TC Energy Corporation. Agenda item C-14 may be an order on the respective requests for rehearing.
C-15 – PennEast Pipeline Company, LLC (Docket No. CP20-518-000). On August 31, 2020, intervenor Robert J. Kaiser submitted a Petition for Declaratory Order requesting Commission authorization to place a hold on the eminent domain authority of PennEast Pipeline Company, LLC (PennEast). Mr. Kaiser seeks to delay the authority being granted until it has received other approvals and permits which will enable construction on its project to commence, citing that the PennEast Pipeline Project is "on hold" according to the US Energy Information Administration. Mr. Kaiser alleges that eminent domain actions are still occurring without the project being constructed as was originally scheduled. Agenda item C-15 may be an order on the Petition as brought forward by Robert J. Kaiser.
C-16 – Pacific Connector Gas Pipeline, LP (Docket No. CP17-494-003), Jordan Cove Energy Project L.P. (Docket No. CP17-495-003). On April 21, 2020, Pacific Connector Gas Pipeline, LP and Jordan Cove Energy Project L.P. (Applicants) submitted a Petition for Declaratory Order finding that the Oregon Department of Environmental Quality (ODEQ) waived its ability to issue certification for the Jordan Cove LNG Terminal and Pacific Connector Pipeline pursuant to Section 401 of the Clean Water Act (CWA). A number of stakeholders and intervening parties filed substantive comments and protests to the Petition, alleging that Applicants had previously stated in local proceedings that a CWA permit from ODEQ would be acquired as a condition for constructing the Jordan Cove LNG Terminal and Pacific Connector Pipeline. The Petition stated that in light of ODEQ failing to issue a denial within one year of October 2017, it has waived its authority under the CWA. Agenda item C-16 may be an order on the Petition for Declaratory Order as brought forward by the Applicants.
C-17 – Omitted
C-18 – Spire STL Pipeline LLC (Docket No. CP17-40-005). On January 26, 2017, Spire STL Pipeline, LLC (Spire) filed, pursuant to Section 7(c) of the Natural Gas Act, a request for authorization to construct and operate a new, 65-mile-long interstate natural gas pipeline system, extending from an interconnection with Rockies Express Pipeline LLC in Scott County, Illinois, to interconnections with both Spire Missouri Inc. and Enable Mississippi River Transmission, LLC in St. Louis County, Missouri. Spire also requested approval of its proposed pro forma gas tariff, a blanket certificate under Part 157, Subpart F of the Commission's regulations to perform certain routine construction activities and operations, and a blanket certificate under Part 284, Subpart G of the Commission's regulations to provide open-access firm and interruptible natural gas transportation and transportation-related services. On August 3, 2018, the Commission issued a certificate granting the requested authorities. On July 3, 2019, Central Land Consulting, LLC (Central) filed a Formal Complaint against Spire, alleging that Spire failed to follow Procedural Rule 213 by causing damage to properties along the pipeline route, provided fraudulent information pertaining to environmental inspections, and violated the Commission Certificate, Upland Erosion Control Plan, Wetland, Waterbody Construction Mitigation Procedures, and the Illinois EPA Environmental Protection Act. Agenda item C-18 may be an order on the Formal Complaint as brought forward by Central against Spire.
C-19 – Mountain Valley Pipeline, LLC (Docket No. CP16-10-008). On December 17, 2020, the Commission issued an order partially authorizing the October 15 request by MVP (as previously described in agenda item C-13), lifting certain stop work orders and enabling certain construction activities to resume on the MVPP. On December 18, 2020, the Sierra Club filed a request for rehearing and stay of the December 17 order. Agenda item C-19 may be an order on the rehearing request.
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