Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on January 16, 2025, pursuant to the sunshine notice released on January 8, 2025.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate Items
Electric
E-1 – Southwest Power Pool, Inc. (Docket Nos. ER24-1658-000, ER24-1658-001, ER24-1658-002). On March 29, 2024, Southwest Power Pool, Inc. (SPP) filed a proposed tariff to establish a centralized Day-Ahead and Real-Time unit commitment and dispatch market in the Western Interconnection to be called Markets+. The Markets+ filing received largely supportive comments filed by numerous stakeholders and interested parties, including Arizona Public Service Company (APS); Arizona Commissioner Nick Myers; the Bonneville Power Administration (Bonneville); the American Clean Power Association, the Advanced Power Alliance, the Colorado Solar and Storage Association, and the Solar Energy Industries Association (together, the Clean Energy Associations); the Clean Energy Buyers Association; Google, LLC; Interwest Energy Alliance and Northwest and Intermountain Power Producers Coalition (together, the Joint Independent Power Organizations); the SPP Market Monitoring Unit (Market Monitor); Nevada Power Company and Sierra Pacific Power Company (together, NV Energy); Public Utility District No. 1 of Chelan County, Public Utility District No. 1 of Snohomish County, and City of Tacoma, Department Of Public Utilities, Power Division (together, Washington Municipals); Powerex Corp.; Public Power Council (PPC); Salt River Project Agricultural Improvement and Power District (Salt River Project); Tucson Electric Power Company (Tucson Electric); Western Power Trading Forum (WPTF); and Xcel Energy Services Inc. (Xcel). Certain entities also offered suggestions for how Markets+ as proposed might be modified or expressed concerns regarding specific issues including, Bonneville, the Clean Energy Associations, the Clean Energy Buyers Association, the Joint Independent Power Organizations, the Market Monitor, NV Energy, Salt River Project, Tucson Electric, WPTF, and Xcel. Additionally, the Markets+ filing also received a number of protests or comments in opposition, including from Colorado Office of the Utility Consumer Advocates (COUCA), Idaho Power Company (Idaho Power); the Markets+ State Committee (MSC); Navajo Tribal Utility Authority (NTUA); PacifiCorp; Portland General Electric Company (PGE); Earthjustice, Natural Resources Defense Council, NW Energy Coalition, Sierra Club, Sustainable FERC Project, Western Grid Group, and Western Resource Advocates (together, the Public Interest Organizations); Public Service Company of New Mexico (PNM); Renewable Northwest; Southern California Edison Company (SCE); and XO Energy, LLC (XO Energy). On May 21, 2024, SPP submitted its answer in response to comments and protests filed in the Markets+ proceeding. On July 31, 2024, the Commission issued a deficiency letter directing SPP to provide additional information necessary to process the Markets+ filing. On September 20, 2024, SPP submitted its deficiency response to the Commission. On October 10, 2024, the SPP Market Monitoring Unit (Market Monitor) filed comments, requesting that the Commission direct SPP to include in the Markets+ Tariff: (1) any requirements, criteria, and descriptions of distribution factors that demonstrate how they affect the operation and participation of a resource aggregation, (2) a mitigated offer calculation methodology for resource aggregations that describes how distribution factors are used to calculate the mitigated offer, and (3) any timelines and conditions for increasing transmission capability. Also on October 10, 2024, the Idaho Power Company, Nevada Power Company, PacifiCorp, and Portland General Electric filed comments regarding the Deficiency Response. On October 23, 2024, SPP submitted a Motion for Leave to Answer and Answer in response to the comments to its deficiency response. Agenda item E-1 may be an order on SPP's Market+ proposal.
E-2 – Midcontinent Independent System Operator, Inc. (Docket No. ER22-1640-003). On May 10, 2024, Midcontinent Independent System Operator, Inc. (MISO) filed proposed revisions to its Open Access Transmission, Energy, and Operating Reserve Markets Tariff (Tariff) to comply with the Commission's Order No. 2222, the Commission's order on compliance issued in this proceeding on October 10, 2023, and the Commission's Order on Rehearing issued in this proceeding on January 29, 2024 (May 2024 Order Compliance Filing). On May 31, 2024, FERC issued a Notice of Extension of Time extending the deadline for comments, protests, and interventions until July 10, 2024. Advanced Energy Management Alliance (AEMA), Alliant Energy Corporate Services, Inc. (AECS), Clean Energy Parties, Entergy Services, LLC and Xcel Energy Services, Inc (Entergy), MISO Cities and Communities Coalition Participants (MISOCCC), MISO Transmission Owners (MISO TOs),4 Organization of MISO States, Inc. (OMS), Public Interest Organizations (PIOs), Voltus, Inc. (Voltus), and WPPI Energy (WPPI). AECS, the MISO TOs, and OMS filed comments supporting the May 2024 Order Compliance Filing. AEMA, the Clean Energy Parties, Entergy, MISOCCC, the PIOs, Voltus, and WPPI filed comments protesting the May 2024 Compliance Filing (Protesting Parties). The Protesting Parties' comments primarily focused on five topics: (1) MISO's use of the DRR-Type I model, (2) single-node and multi-node aggregations, (3) the two-phased implementation timeline, (4) dispute resolution process, and the (5) the communications and operational processes. On August 8, 2024, MISO filed a Motion for Leave to Answer and Answer to the comments and protests filed in response to the May 2024 Order Compliance Filing. Agenda item E-2 may be an order on MISO's May 2024 Order Compliance Filing.
E-3 – Southwest Power Pool, Inc. (Docket Nos. ER24-1317-000, ER24-2953-000). On February 23, 2024, Southwest Power Pool, Inc. (SPP) filed proposed revisions to Attachment AA of the SPP Open Access Transmission Tariff (Tariff) to implement: (1) an Effective Load Carrying Capability (ELCC) accreditation methodology for wind resources, solar resources, and electric storage resources (ESRs); and (2) a performance-based accreditation (PBA) methodology for thermal and other conventional resources (SPP February Tariff Filing). On March 28, 2024, Independent Market Monitoring Unit (MMU) of SPP submitted a Motion to Intervene and Comments. On March 29, 2024. Sierra Club, Natural Resources Defense Council, and the Sustainable FERC Project (collectively, Public Interest Organizations); American Clean Power Association, the Solar Energy Industries Association, Advanced Energy United, and the Advanced Power Alliance (collectively, the Clean Energy Associations); and Golden Spread Electric Cooperative filed comments and protests. On April 9, 2024, the Kansas Corporation Commission filed a Motion to Intervene Out-of-Time and Comments in support of Southwest Power Pool, Inc.'s application for approval of revisions to Attachment AA. On April 19, 2024, SPP filed a Motion for Leave to Answer and Answer to comments and protests. On September 3, 2024, SPP filed a second series of proposed revisions to its resource accreditation methodology in Docket No. ER24-2953, which is contingent upon the Commission first accepting SPP's February Tariff Filing in Docket No. ER24-1317. On September 24, 2024, Evergy Kansas Central, Inc., Evergy Metro, Inc., Evergy filed Limited Comments and the Public Interest Organizations filed a Protest. On October 16, 2024, SPP filed a Motion for Leave to Answer and Answer in response to the protests and comments from Evergy and the Public Interest Organizations. On October 28, 2024, the Public Interests Organization, filed a Motion to Consolidate Docket Nos. ER24-2953-000, ER24-1317, and EL24-96. Simultaneous with its protest in Docket No ER24-1317, the Public Interest Organizations, also filed a Section 206 Complaint in Docket No. EL24-96, which requested “that the Commission find that SPP's existing Tariff Provisions and planning criteria protocols governing its accreditation rules for both thermal and renewable resources are unjust, unreasonable, and unduly discriminatory and preferential pursuant to the FPA.” On November 12, 2024, SPP filed an Answer Opposing the Motion to Consolidate the proceedings. Agenda item E-3 may be an order on SPP's tariff revisions in Docket No. ER24-1317 and ER24-2593 or on the motion to consolidate such proceedings.
E-4 – Southwest Power Pool, Inc. (Docket No. ER25-138-000). On October 18, 2024, Southwest Power Pool, Inc. (SPP) proposed revisions to its Open Access Transmission Tariff (Tariff) entitled “Submission of Tariff Revisions Regarding Price Formation During Load Shed and Emergency Assistance Events.” On November 8, 2024, the United States Department of Energy, Western Area Power Administration (WAPA) submitted a Motion to Intervene and Comments. Specifically, WAPA raised concerned that that proposed tariff revisions will in certain conditions create an unintended negative impact by limiting WAPA's Upper Great Plains Customer Servcie Region (WAPA-UGP) current protections from market congestion and losses. WAPA indicated that it was in communication with SPP to prepare a subsequent filing and tariff revisions that would remedy these unintended consequences and requested that Commission approval of such subsequent filing should be obtained prior to the revisions in E-4 being approved. On November 12, 2024, the Independent Market Monitoring Unit (MMU) of SPP submitted a Motion to Intervene and Comments generally supporting the tariff revisions as they have the potential to improve price formation and reliability during Energy Emergency Alerts (EEAs). The MMU continues to encourage SPP and stakeholders to review price formation during periods of conservative operations and energy emergency alert levels leading up to the need for emergency energy imports and/or load shed. Further the MMU, reiterated that it encourages SPP and stakeholders to evaluate what role the Value of Lost Load (VOLL) should play in price formation during conservative operations and energy emergency alerts. Agenda item E-4 may be an order on SPP's tariff revisions regarding pricing formation during load shed and EEAs.
E-5 – Tampa Electric Company (Docket Nos. ER24-1384-000, ER24-1384-001). On March 1, 2024, as supplemented on April 30, 2024, Tampa Electric Company 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-5 may be an order on Tampa Electric Company's Order 2023 compliance filings.
E-6 – Versant Power (Docket No. ER24-2035-000). On May 16, 2024, Versant Power 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-6 may be an order on Versant Power's Order 2023 compliance filing.
E-7 – Black Hills Power, Inc. (Docket No. ER24-2022-000). On May 15, 2024, Black Hills Power, Inc. (Black Hills Power) 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-7 may be an order on Black Hills Power Order 2023 compliance filing.
E-8 – CMD Carson, LLC (Docket No. TX23-3-001). On February 10, 2023, CMD Carson, LLC (Carson) filed an application under sections 210 and 211 of the FPA for an order directing Turlock Irrigation District (Turlock) to provide interconnection and transmission services for Carson's Soderquist Road Project (Soderquist Road Project). On August 15, 2024, the Commission issued an order stating that the Commission requires additional information to be able to determine whether Carson satisfies the criteria for an order under sections 210 and 211 against Turlock and holding the proceeding in abeyance. On September 16, 2024, Carson filed a request for rehearing and clarification of the Commission's August 15 order. Agenda item E-8 may be an order relating to the request for rehearing and/or clarification by Carson.
E-9 – Ohio Power Company (Docket No. ER24-2720-000). On August 8, 2024, Ohio Power Company (OPCO) submitted an executed operations and maintenance services agreement between itself and Trans-Allegheny Interstate Line Company (TrAILCo) for the Kammer Substation. The agreement effectuated a service arrangement reached by the two parties, but from 2016 through 2020, OPCO did not have the agreement on file with the Commission. During that period, however, OPCO still invoiced services related to operations of the Kammer Substation, and the filing requested that the Commission to allow OPCO to continue charging TrAILCo under the now formalized agreement without refunds for the prior period. On September 30, 2024, the Commission issued a letter order accepting the agreement and also directing OPCO to refund the time value of revenues collected without Commission authorization. The letter order reaffirmed that it is Commission policy to deny waiver of the prior notice requirement when an agreement for new service is filed on or after the date that services commenced, and that in this instance, OPCO did not demonstrate as such. On October 17, 2024, OPCO filed the Refund Report pursuant to the directive of the September 30 letter order. Agenda item E-9 may be an order on the Refund Report.
E-10 – Constellation Mystic Power, LLC (Docket Nos. ER18-1639-029, ER18-1639-000, ER23-1735-000, EL23-4-000). On October 17, 2022, Belmont Municipal Light Department, Block Island Utility District, Braintree Electric Light Department, Concord Municipal Light Plant, Georgetown Municipal Light Department, Groveland Electric Light Department, Hingham Municipal Lighting Plant, Littleton Electric Light & Water Department, Merrimac Municipal Light Department, Middleborough Gas & Electric Department, Middleton Electric Light Department, North Attleborough Electric Department, Norwood Municipal Light Department, Pascoag Utility District, Reading Municipal Light Department, Taunton Municipal Lighting Plant, Wallingford Electric Divisions, Wellesley Municipal Light Department, and Westfield Gas & Electric Light Department (collectively, the Eastern New England Consumer-Owned Systems or ENECOS) submitted a complaint against Constellation Mystic Power, LLC (Mystic) and ISO New England, Inc. (ISO-NE), pursuant to sections 206, 306, and 309 of the Federal Power Act (FPA). In the complaint, ENECOS alleged that unjust and unreasonable pass-through firm pipeline transportation costs are associated with pipeline facilities that are neither used nor are usable to supply fuel to Mystic. Accordingly, ENECOS argued that the costs should not be charged to customers under the ISO-NE Cost-of-Service Agreement (COSA), which has been effective since May of 2018. The COSA is the subject of a proceeding at the US Appeals Court for the DC Circuit, whereby the allocation of Everett Marine Terminal Costs has been remanded to the Commission. Constellation Mystic Power, LLC v. FERC, 45 F.4th 1028, 1050-1052 (D.C. Cir. 2022). On November 16, 2022, Mystic filed an answer to the complaint, contending that cost causation for allocation of the transportation costs is satisfied through crediting of 100 percent of the margin on all daily gas sales under the effective Fuel Supply Agreement and crediting of 91 percent of firm transportation charges associated with any forward third party sales. According to Mystic, this crediting scheme ensures that ISO-NE and its ratepayers do not pay for benefits received by third parties by utilizing actual sales data to those third parties. On November 16, 2022, ISO-NE filed an answer and alternative requests to consolidate or hold in abeyance, stating that the Commission should deny the complaint in its entirety. On March 28, 2023, the Commission issued an order on the complaint, granting in part, denying in part, and ordering a compliance filing. The Commission found that ENECOS did not sufficiently demonstrate that it is unjust and unreasonable for Mystic customers to pay for firm pipeline transportation service. The Commission also found that ENECOS had been able to demonstrate that the COSA is unjust and unreasonable given that it requires Mystic to pay costs used to serve third parties without offsetting those costs. The Commission directed Mystic to submit a compliance filing within 30 days of the order to revise the COSA to include pipeline-related crediting as an explicit provision. On April 28, 2023, Mystic submitted the compliance filing in accordance with the March 28 order. On November 8, 2024, Mystic submitted a notification that a Settlement Agreement had been filed in the respective above-captioned dockets, intended to fully resolve all outstanding issues applicable to the COSA and a release of all past, present, and future claims. Agenda item E-10 may be an order on the Settlement Agreement.
E-11 – NRG Business Marketing LLC (Docket Nos. ER23-2688-002, ER23-2688-000); NRG Power Marketing LLC, NRG Business Marketing LLC (Docket No. ER22-1539-002); NRG Power Marketing LLC (Docket No. ER22-1539-000) (consolidated). On April 1, 2022, NRG Power Marketing LLC (NRG-PML) submitted a Reliability Must-Run Rate Schedule, pursuant to section 205 of the FPA, for the provision of reliability must-run (RMR) service from Indian River Unit 4. In the filing, NRG-PML stated that PJM Interconnection, L.L.C. (PJM) determined that Unit 4 will be needed past the proposed deactivation date to maintain transmission system reliability. Accordingly, the RMR Rate Schedule sets terms, conditions, and cost-based rates for operation from June 1, 2022 (the day after the proposed deactivation date) through December 31, 2026. A number of parties filed motions to intervene, substantive comments, and protests. For instance, the Independent Market Monitor for PJM (IMM) filed a protest opposing the RMR Rate Schedule, asserting that NRG-PML had filed a “traditional utility cost of service rate filing” on an investment that NRG-PML itself determined to have no value when it elected to deactivate the unit in 2021. Multiple protests echoed similar arguments, stating that ratepayers should not be obligated to pay for assets that have zero market value, and that NRG-PML should only be entitled to recover operating costs of the unit. On May 31, 2022, the Commission accepted and suspended the RMR Rate Schedule and set the matter for settlement judge procedures. In all, seven settlement conferences were convened in the ensuing months. On August 23, 2023, and substituted on March 4, 2024, NRG Business Marketing LLC (NBM) submitted a notice of succession due a corporate merger and non-substantive revisions to the RMR Rate Schedule reflecting the change of entity. On March 26, 2024, the Commission issued an order accepting the succession and consolidating with hearing and settlement judge procedures. On April 2, 2024, NBM filed a Settlement Agreement and Offer of Settlement among itself, Delaware Public Service Commission, Old Dominion Electric Cooperative, Delaware Municipal Electric Corporation, Inc., the City of Dover Delaware, and PJM. The Settlement Agreement purports to resolve all issues set for hearing without the need for further proceedings and requests that the Commission approve the Settlement RMR Rate Schedule effective as of June 1, 2022 through July 31, 2023 for Docket No. ER22-1539 and as of August 1, 2023 for Docket No. ER23-2688. On April 22, 2024, Commission Trial Staff filed comments in support of the settlement; conversely, multiple parties filed comments in opposition to the settlement, including the IMM. On July 25, 2024, the chief judge issued an order terminating settlement judge procedures. On December 23, 2024, PJM filed correspondence whereupon it notified NBM that Unit 4 is no longer necessary for RMR service and, consequently, the termination of the RMR Rate Schedule. Agenda item E-11 may be an order on the termination of the RMR Rate Schedule for Unit 4.
Gas
G-1 – Plains Pipeline, L.P., Sunrise Pipeline LLC (Docket No. OR23-3-001). On June 7, 2023, Plains Pipeline, L.P. and Sunrise Pipeline LLC (collectively, Plains) submitted an application for authorization to charge market-based rates for the transportation of all grades of crude oil originating in the Permian Basin production area and the Fort Worth Basin production area, as well as the intra-market transportation of all grades of crude oil within each market. The application stated that Plains lacks market power in the originating markets and holds market shares below the levels that the Commission has previously said would warrant concern. On August 2, 2024, the Commission issued an order granting market-based rate authority for the Permian Basin and Fort Worth originating markets, and setting limited paper hearing procedures to develop a further record as to whether Plains lacks market power in the destination market of Wichita Falls. On September 16, 2024, Plains filed a response to the August 2 order, furnishing the information requested by the Commission in order to evaluate the market power in the Wichita Falls destination market. Agenda item G-1 may be an order on the response.
Hydro
H-1 – Sho-Me Power Electric Cooperative (Docket No. P-2561-058). On May 28, 2024, American Whitewater filed a motion to intervene out-of-time. The motion did not elicit any comments or opposition from the applicant, Sho-Me Power Electric Cooperative (Sho-Me). On July 30, 2024, the Commission published the Environmental Assessment (EA) for the Niangua Hydroelectric Project, owned and operated by Sho-Me. On September 30, 2024, American Whitewater filed comments responsive to certain issues in the EA. On October 15, 2024, the Commission issued an order denying the motion to intervene out-of-time. On November 12, 2024, American Whitewater filed a request for rehearing of the October 15 order, asserting that the Commission erred in applying Rule 214(d) of its regulations and that the Commission had recently granted similar motions in other proceedings. Agenda item H-1 may be an order on the rehearing request.
H-2 – Village of Highland Falls High-Point Utility, LDC (Docket No. P-7656-021). On September 19, 2024, the Commission issued an order revoking the license for the Buttermilk Falls hydroelectric facility, owned and operated by Village of Highland Falls High-Point Utility, LDC (HPU). In the revocation order, the Commission cited a longstanding failure of HPU to obtain necessary property rights, comply with a prior order issued on September 21, 2017, and comply with a prior compliance order issued on June 30, 2023. The original license for the project was issued, for a 40-year term, on June 24, 1986. On September 20, 2024, HPU filed a request for an extension of time to address the outstanding compliance issues related to the Buttermilk Falls facility. On October 4, 2024, the Commission issued a letter informing HPU that, since the license had been formally revoked on September 19, 2024, the Commission will no longer hold jurisdiction over the facility and that the license will expire on October 4, 2024. On October 21, 2024, HPU filed a request for rehearing of the September 19 license revocation order. Agenda item H-2 may be an order on the rehearing request.
Certificates
C-1 – Eastern Shore Natural Gas Company (Docket No. CP23-536-000). On August 31, 2023, Eastern Shore Natural Gas Company (Eastern Shore) submitted an abbreviated application for a Certificate of Public Convenience and Necessity (CPCN), pursuant to section 7(c) of the Natural Gas Act. In the abbreviated application, Eastern Shore requested Commission authorization to construct, own, operate, and maintain the Worcester Resiliency Upgrade project, comprised of five new liquefied natural gas storage vessel facilities in Maryland and the upgrades of four existing facilities located in Delaware and Maryland. A number of stakeholders filed comments responsive to the CPCN application, conveying support for the project. On April 26, 2024, the Commission issued the Environmental Assessment (EA) for the project, finding that approval of the project, along with implementation of Commission staff-recommended mitigation measures, would not constitute a major federal action significantly affecting the quality of the human environment. On November 12, 2024, Eastern Shore filed the Clean Water Act Section 401 Water Quality Certification obtained from the Maryland Department of the Environment. On December 17, 2024, Eastern Shore submitted a request for issuance of an order. Agenda item C-1 may be an order on the CPCN application.
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