Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s July 16, 2020 meeting, pursuant to the agenda as issued on July 9, 2020. Due to COVID-19 and measures undertaken by government agencies to address the pandemic, all orders listed on the Sunshine Act Notice will be processed by notational voting. Agenda items E-34 and E-35 have not been summarized due to omission from the agenda.
In this issue…
- Electric Items
- Miscellaneous Items
- Gas Items
- Hydro Items
- Certificate Items
Electric
E-1 – Qualifying Facility Rates and Requirements (Docket No. RM19-15-000); Implementation Issues Under the Public Utility Regulatory Policies Act of 1978 (Docket No. AD16-16-000). On September 19, 2019, the commission issued a notice of proposed rulemaking (NOPR) proposing to revise FERC’s regulations implementing sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA) given energy industry changes over the last forty years. The NOPR, inter alia, proposes to provide that an electric utility’s obligation to purchase from qualifying facilities (QFs) may be reduced to the extent the purchasing utility’s supply obligation is reduced by a state retail choice program and also proposes to modify the one-mile rule for determining whether generation facilities are considered part of a single facility for purposes of determining qualifying small power production facility status. Numerous entities submitted comments in response to the NOPR. Agenda item E-1 may be an order on the NOPR to revise FERC’s PURPA regulations.
E-2 – New England Ratepayers Association (Docket No. EL20-42-000). On April 14, 2020, the New England Ratepayers Association (NERA) filed a petition for declaratory order related to full net metering requesting that the Commission (1) declare that there is exclusive federal jurisdiction over wholesale energy sales from generation sources located on the customer side of the retail meter, and (2) order that the rates for such sales be priced in accordance with PURPA or the Federal Power Act (FPA). Numerous entities moved to intervene and or file comments in the proceeding. Agenda item E-2 may be an order on NERA’s petition for declaratory order.
E-3 – Constellation Mystic Power, LLC (Docket No. ER18-1639-001). On May 16, 2018, pursuant to section 205 of the FPA, Constellation Mystic Power, LLC (Mystic) filed an executed cost-of-service agreement among itself, Exelon Generation Company, LLC (Exelon), and ISO New England Inc. (ISO-NE) that provides for compensation to Mystic for continued operation of the Mystic 8 and 9 natural gas-fired generating units (Mystic Agreement). On July 13, 2018, the Commission issued an order accepting the Mystic Agreement for filing, suspending it for a nominal, period, to become effective June 1, 2022, subject to refund and subject to the outcome of an ongoing proceeding in Docket No. EL18-182-000 related to regional fuel security concerns, and established hearing procedures on the matter (July Order). Numerous entities filed for rehearing and or clarification of the July Order. Agenda item E-3 may be an order on the requests for rehearing and or clarification of the July Order.
E-4 – Constellation Mystic Power, LLC (Docket No. ER18-1639-002). On December 20, 2018, the Commission issued an order accepting the Mystic Agreement, subject to condition, effective June 1, 2022 (December Order). The December Order also directed a compliance filing within 60 days and a paper hearing to address issues related to return on equity. Numerous entities requested rehearing and or clarification of the December Order. Agenda item E-4 may be an order on the requests for rehearing and or clarification of the December Order.
E-5 – Constellation Mystic Power, LLC (Docket No. ER18-1639-003). On March 1, 2019, Mystic filed an amended version of the Mystic Agreement reflecting changes made in compliance with the Commission’s December Order, to be effective June 1, 2022 (Mystic Compliance Filing). Numerous entities protested or filed comments in response to the Mystic Compliance Filing. Agenda item E-5 may be an order on the Mystic Compliance Filing.
E-6 – PJM Interconnection, L.L.C. (Docket No. EL14-37-000). On August 29, 2014, pursuant to section 206 of the FPA, the Commission instituted an investigation, concerning the application of PJM Interconnection, L.L.C.’s (PJM) Financial Transmission Rights (FTR) forfeiture rule (FTR forfeiture rule) to Up-to Congestion (UTC) transactions and how uplift is, or should be, allocated to all virtual transactions in PJM. On January 19, 2017, the Commission issued an order on its investigation finding PJM’s application of its FTR forfeiture rule to virtual transactions to no longer be just and reasonable. The January 2017 order also held the issue of how uplift is, or should be allocated to all virtual transactions, in abeyance pending the resolution of a NOPR proceeding that would explore uplift allocation in a broader context (Uplift NOPR proceeding). On April 19, 2018, the Commission issued Order No. 844, its final rule in the Uplift NOPR proceeding, but the Commission did not require revisions to Regional Transmission Organization tariffs addressing real-time uplift. On October 17, 2019, the Commission issued an order in Docket No. EL14-37-000 allowing parties to supplement the record in the proceeding given the changed circumstances addressed above. As requested by the Commission, PJM and others participated in subsequent briefing. Agenda item E-6 may be an order on the subsequent briefing in this proceeding.
E-7 – Standards for Business Practices and Communication Protocols for Public Utilities (Docket Nos. RM05-5-029; RM05-5-030). Agenda item E-7 may establish new dockets involving notices of proposed rulemakings related to standards for business practices and communication protocols for public utilities.
E-8 – DATC Path 15, LLC (Docket No. ER17-998-001; EL17-61-001). On November 15, 2019, a Commission administrative law judge issued an initial decision that, inter alia, found the existing 13.5 percent return on equity for the transmission revenue requirement for the DATC Path 15 Update, owned by DATC Path 15, LLC (DATC), remains just and reasonable. Agenda item E-8 may be an order on the DATC initial decision.
E-9 – Public Service Company of Colorado (Docket Nos. ER19-1864-003; ER19-1864-004). On February 18, 2020, pursuant to sections 205 and 206 of the FPA and in compliance with Order Nos. 845, 845-A, and 714, Public Service Company of Colorado (PSCo) submitted proposed revisions to the Xcel Energy Operating Companies FERC Electric Tariff, Third Revised Volume No. 1 (Xcel Energy Tariff). The proposed revisions modified the Large Generator Interconnection Process provided in Attachment N of the Xcel Energy Tariff. On February 20, 2020, PSCo submitted a corrected copy of the clean tariff included in the February 18 filing. On May 19, 2020, PSCo submitted further corrections to the Xcel Energy Tariff. Agenda item E-9 may be an order on the proposed revisions to the Xcel Energy Tariff.
E-10 – Potomac-Appalachian Highline Transmission, LLC PJM Interconnection, L.L.C. (Docket No. ER09-1256-006); PJM Interconnection, L.L.C. (Docket No. ER12-2708-008). On January 19, 2017, the Commission issued Opinion No. 554, which addressed an initial decision regarding disputes related to the cancelled Potomac-Appalachian Transmission Highline Project (PATH Project). On January 24, 2020, the Commission issued Opinion No. 554-A addressing a rehearing request of Opinion No. 554, filed by PATH, the developer of the cancelled PATH Project. On February 24, 2020, two individuals, appearing pro se, jointly requested rehearing of Opinion No. 554-A. Agenda item E-10 may be an order on the request for rehearing of Opinion No. 554-A.
E-11 – Deseret Generation & Transmission Co-operative, Inc. (Docket No. ER19-1902-002). On May 20, 2019, as amended on July 11, 2019, Deseret Generation & Transmission Co-operative, Inc. (Deseret) submitted proposed revisions to its Open Access Transmission Tariff (OATT) in compliance with the requirements of Commission Order Nos. 845 and 845-A. On February 20, 2020, the Commission issued an order finding Deseret’s proposed OATT revisions partially complied with Order Nos. 845 and 845-A and directed Deseret to submit an additional compliance filing. On May 1, 2020, Deseret submitted an additional compliance filing, as directed by the Commission’s February order. Agenda item E-11 may be an order on Deseret’s May 2020 compliance filing.
E-12 – California Independent System Operator Corporation (Docket No. ER19-1950-001). On May 22, 2019, California Independent System Operator Corporation (CAISO) submitted proposed revisions to its Open Access Transmission Tariff in compliance with the requirements of Order Nos. 845 and 845-A, which amended the Commission’s pro forma Large Generator Interconnection Agreement and pro forma Large Generator Interconnection Procedures. On February 20, 2020, the Commission issued an order finding CAISO compliance filing partially complied with the requirements of Order Nos. 845 and 854-A, and directed CAISO to submit a further compliance filing. On April 21, 2020, CAISO submitted a further compliance filing in response to the Commission’s directive. Agenda item E-12 may be an order on CAISO’s Order No. 845 compliance filing.
E-13 – California Independent System Operator Corporation (Docket No. ER19-468-002). On December 3, 2018, CAISO submitted proposed revisions to its Open Access Transmission Tariff in compliance with the requirements of Order No. 841, which removes barriers to the participation of electric storage resources in the capacity, energy, and ancillary service markets operated by Regional Transmission Organizations and Independent System Operators. On November 21, 2019, the Commission issued an order accepting CAISO’s compliance filing, subject to a further compliance filing. On January 21, 2020, CAISO submitted a further compliance filing as directed by the Commission in the November 2019 order. Agenda item E-13 may be an order on CAISO’s Order No. 841 compliance filing.
E-14 – Constellation Power Source Generation, LLC (Docket Nos. ER17-801-006, ER17-801-008, ER17-801-009, and EL20-34-000). On August 29, 2019, under Docket No. ER17-801-006, pursuant to Schedule 2 to the PJM Interconnection, L.L.C. (PJM) Open Access Transmission Tariff (PJM Tariff), Constellation Power Source Generation, LLC (CPSG) submitted an informational filing regarding the planned retirement of Riverside Unit 8 and the revenue requirement for reactive supply and voltage control from generation sources service provided from Riverside Unit 8. On November 27, 2019, under Docket No. ER17-801-008, pursuant to Schedule 2 to the PJM Tariff, CPSG submitted an informational filing regarding the planned retirement of North Cliff Units 5-8 and the revenue requirement for reactive supply and voltage control from generation sources service provided from North Cliff Units 5-8, as well as request for waiver of the 90-day prior day notice filing requirement set forth in the PJM Tariff. On March 2, 2020, under Docket No. ER17-801-009, pursuant to Schedule 2 to the PJM Tariff, CPSG submitted an informational filing regarding the planned deactivation North Cliff Units 1-5 and Westport Unit 5 and the revenue requirement for reactive supply and voltage control from generation sources service provided from North Cliff Units 1-5 and Westport Unit 5. Agenda item E-14 may be an order regarding the above-referenced informational filings and waive request by CPSG.
E-15 – Entergy Arkansas, Inc. (Docket No. ER18-1247-001). On March 30, 2018, Entergy Services, LLC (Entergy Services) on behalf of Entergy Arkansas, LLC, submitted for filing limited amendments to its Unit Power Sales and Designated Power Purchase Tariff (MSS-4 Replacement Tariff) to address the effects of the Tax Cuts and Jobs Act of 2017. On May 31, 2018, the Commission issued an order accepting the proposed limited amendments for filing, subject to refund, and setting the filing for hearing and settlement proceedings. On July 9, 2019, Entergy Services filed an Offer of Settlement with the FERC Settlement Judge. On October 28, 2019, the FERC Settlement Judge issued an order certifying the Offer of Settlement as uncontested. Agenda item E-15 may be an order on the uncontested settlement.
E-16 – Duke Energy Carolinas, LLC (Docket No. ER20-1762-000). On May 1, 2020, Duke Energy Carolinas, LLC (DEC) submitted a request for waiver of applicable provisions of the now-cancelled formula rate power sales agreement with the Town of Prosperity, South Carolina (Prosperity). DEC requests the wavier to allow it to update rate discounts that were included in the power sales agreement with Prosperity and, as contemplated in the agreement, have changed since the cancellation of the Prosperity power sales agreement. Agenda item E-16 may be an order on DEC’s request for waiver.
E-17 – Alcoa Power Generating Inc. (Docket No. ER20-1580-000). On April 16, 2020, Alcoa Power Generating, Inc. (APGI) submitted a request for reinstatement of waivers of Order Nos. 888, 889, 890, and 717 and Section 35.28 and Parts 37 and 358 of the Commission’s regulations for the transmission facilities associated with its Tapoco and Long Sault Divisions. Agenda item E-17 may be an order on APGI’s request for reinstatement of waivers for transmission facilities for its Tapoco and Long Sault Divisions.
E-18 – Southwest Power Pool, Inc. (Docket No. ER19-460-005). On December 3, 2018, Southwest Power Pool, Inc. (SPP) submitted proposed revisions to its Open Access Transmission Tariff in compliance with the requirements of Order No. 841, which removes barriers to the participation of electric storage resources in the capacity, energy, and ancillary service markets operated by Regional Transmission Organizations and Independent System Operators. On October 17, 2019, the Commission issued an order, accepting in part, and rejecting in part, SPP’s compliance filing, subject to a further compliance filing, effective nine months from the date of issuance of the October 2019 Order. On December 12, 2019, SPP submitted a request to delay the effective date for Tariff provisions. On February 27, 2020, the Commission issued an order granting SPP’s request for deferral in part, and directed an effective date of August 5, 2021. The Commission rejected as unreasonable SPP’s request to submit a filing with the Commission specifying a precise effective date at a later time. Agenda item E-18 may be an order relating to implementation of SPP’s Order No. 841 compliance filing.
E-19 – Southwest Power Pool, Inc. (Docket No. ER20-1617-000). On April 21, 2020, pursuant to section 205 of the FPA, SPP submitted proposed revisions to Attachment AE of the SPP Open Access Transmission Tariff (SPP Tariff) to add modify its Integrated Marketplace to add Ramp Capability UP and Ramp Capability Down products. On May 22, 2020, the SPP Market Monitoring Unit submitted comments in support. Also on May 22, 2020, comments and protests were submitted by Golden Spread Electric Cooperative, EDF Renewables, Inc., and Sunflower Electric Power Corporation. Agenda item E-19 may be an order on SPP’s proposed revisions to the SPP Tariff.
E-20 – Southwest Power Pool, Inc. (Docket No. ER19-2522-002). On April 18, 2019, in Docket No. EL19-11-000, the Commission issued an order granting in part a complaint and found that SPP’s membership exit fee, as applied to non-transmission owners, was unjust and unreasonable and directed SPP to eliminate the membership exit fee for non-transmission owners. On August 1, 2019, in Docket No. ER19-2522, SPP submitted a compliance filing to in accordance with the Commission’s directive contained in its April 2019 order to eliminate the membership exit fee for non-transmission owners in response. On December 19, 2019, the Commission issued an order directing SPP to submit an additional compliance filing containing proposed changes SPP’s Bylaws and Membership Agreement to ensure that a withdrawing non-transmission owner is only exempt from paying a share of SPP’s long-term financial obligations, rather than all existing obligations associated with membership withdrawal, and that a withdrawing transmission-owning member’s previous year net energy for load includes the load of all load-serving entities connected to the withdrawing transmission owner’s system. On April 29, 2020, SPP submitted a further compliance filing in accordance with the Commission’s directive in its December 2019 order. Agenda item E-20 may be an order on SPP’s further compliance filing directed by the Commission in its December 2019 order.
E-21 – Southwest Power Pool, Inc. (Docket No. ER20-644-000). On December 21, 2017, in Docket No. EL18-35, the Commission issued an order instituting a proceeding under Section 206 of the FPA and commencing paper hearing procedures to examine SPP’s Tariff and practices to determine whether SPP should be required to revise the SPP Tariff to 1) modify SPP's dispatch process to respect physical parameters of resources while minimizing production costs; 2) modify pricing logic to allow quick-start resources' commitment costs to be reflected in prices; 3) modify the definition of quick-start resources to require that they have a minimum run time of one hour or less; 4) allow all quick-start resources, including block-loaded quick-start resources, to set prices; and (5) consider all eligible resources for purposes of quick-start pricing, including unregistered quick-start resources. On June 12, 2019, the Commission issued an Order on Paper Hearing directing SPP to revise the SPP Tariff to implement certain changes discussed in the December 2017 Order. On December 19, 2019, under Docket No. ER20-644-000, pursuant to section 206 and the Commission’s June 2019 order, SPP submitted a compliance filing proposing revisions to the SPP Tariff to revise fast-start pricing practices under the SPP Tariff in accordance with the Commission’s findings in its December 2017 order. Agenda item E-21 may be an order on SPP’s compliance filing and proposed revisions to the fast-start pricing practices under the SPP Tariff.
E-22 – PJM Interconnection, L.L.C. (Docket No. ER19-469-003). On December 3, 2018, as amended on May 1, 2019 and October 8, 2019, PJM submitted proposed revisions to its Open Access Transmission Tariff in compliance with the requirements of Order No. 841, which removes barriers to the participation of electric storage resources in the capacity, energy, and ancillary service markets operated by Regional Transmission Organizations and Independent System Operators. On October 17, 2019, the Commission issued an order accepting PJM’s compliance filing, subject to a further compliance filing. On December 16, 2019, PJM submitted a further compliance filing as directed by the Commission in the October 2019 order. Agenda item E-22 may be an order on PJM’s Order No. 841 compliance filing.
E-23 – PJM Interconnection, L.L.C. and Virginia Electric and Power Company (Docket No. ER19-1661-002). April 24, 2019, pursuant to section 205 of the FPA, Virginia Electric and Power Co., d/b/a Dominion Energy Virginia (Dominion), submitted proposed tariff revisions to the PJM Open Access Transmission Tariff (PJM Tariff) to change the calculation of Network Service Peak Load for transmission customers within the Dominion Zone. Specifically, Dominion proposed a new twelve month coincident peak allocation feature. On October 17, 2019, the Commission issued an order accepting Dominion’s proposal, effective January 1, 2020, as requested. On November 18, 2019, Microsoft Corporation and the PJM Industrial Customer Coalition and Virginia Committee for Fair Utility Rates filed requests for rehearing of the Commission’s October 2019 order. Agenda item E-23 may be an order on the requests for rehearing of the Commission’s October 2019 order.
E-24 – PJM Interconnection, L.L.C. (Docket No. ER20-1414-000). On March 27, 2020, PJM Interconnection, L.L.C. (PJM) filed, pursuant to section 205 of the Federal Power Act and Part 35 of FERC’s regulations, proposed revisions to the PJM Open Access Transmission Tariff, Attachment K-Appendix, section 1.10, and to the corresponding provisions in the Amended and Restated PJM Operating Agreement, Schedule 1, section 1.10. The proposed revisions to the Tariff and Operating Agreement provide PJM Market Sellers with the ability to submit hourly differentiated segmented ramp rates for resources in both the PJM Day-ahead Energy Market and the Real-time Energy Market, and to update those values intraday. PJM is seeking an effective date of January 5, 2021. Agenda item E-24 may be an order addressing the proposed tariff revisions.
E-25 – Kansas Corporation Commission v. ITC Great Plains, LLC (Docket No. EL19-80-000). On June 11, 2019, the Kansas Corporation Commission filed, pursuant to sections 206, 306, and 309 of the Federal Power Act and Rule 206 of FERC’s Rules of Practice and Procedure, a complaint against ITC Great Plains, LLC (ITC Great Plains) alleging that ITC Great Plains’ 100 basis point incentive ROE adder, i.e., Transco Adder, results in unjust and unreasonable charges for ratepayers across the Southwest Power Pool, Inc. (SPP) footprint. The complaint challenges the independence of ITC Great Plains. Agenda item E-25 may be an order addressing the complaint.
E–26 – Louisiana Public Service Commission v. Entergy Corporation, Entergy Services, LLC, Entergy Louisiana, LLC, Entergy Arkansas, LLC, Entergy Mississippi, LLC, Entergy New Orleans, LLC, and Entergy Texas, Inc. (Docket No. EL19-50-001). On February 27, 2019, the Louisiana Public Service Commission (LPSC) filed, pursuant to sections 205, 206, 306, and 309 of the Federal Power Act and Rules 206 and 207 of the Commission’s Rules of Practice and Procedure, a complaint against Entergy Corporation and its subsidiaries alleging that certain off-system sales of electric energy by Entergy Services to third-party power marketers and others for the benefit of Entergy Arkansas violated the provisions of Entergy’s generation and transmission pooling arrangement (System Agreement). On November 21, 2019, the Federal Energy Regulatory Commission (Commission) denied the Complaint finding that a 2015 settlement agreement bars the LPSC from raising the claims alleged in the complaint. On December 20, 2019, the LPSC filed a request for rehearing of the Commission’s order denying the complaint arguing the order “arbitrarily applies a waiver of future cost allocation claims to prevent the enforcement of a cost allocation claim that was pending when the Settlement Agreement was executed.” Agenda item E-26 may be an order addressing the request for rehearing.
E-27 – North Carolina Eastern Municipal Power Agency v. Duke Energy Progress, LLC (Docket No. EL20-4-000). On October 11, 2019, the North Carolina Eastern Municipal Power Agency (NCEMPA) filed, pursuant to section 206 and 306 of the Federal Power Act and Rules 206 of the Commission’s Rules of Practice and Procedure, a complaint against Duke Energy Progress, LLC (DEP). The complaint seeks a reduction of the ROE component of the Fifth Amended and Restated Full Requirements Power Purchase Agreement between NCEMPA and DEP, which currently stands at 11 percent, and requests the establishment of hearing procedures. Agenda item E-27 may be an order addressing the complaint.
E-28 – Liberty Power Holdings LLC v. Eversource Energy Service Company and ISO New England, Inc. (Docket No. EL20-27-000). On February 28, 2020, Liberty Power Holdings LLC (Liberty) filed, pursuant to section 206 of the Federal Power Act and Rule 206 of the Commission’s Rules of Practice and Procedure, a complaint against Eversource Energy Company (Eversource) and ISO New England, Inc. (ISO-NE). The complaint alleges that Eversource incorrectly reported Liberty’s load data to ISO-NE in November and December of 2018 resulting in Liberty being overbilled by ISO-NE. Liberty seeks a billing adjustment to recoup the amount it claims it was overcharged. Agenda item E-28 may be an order addressing the complaint.
E-29 – Brookfield Asset Management Inc. (Docket No. EL20-40-000). On April 7, 2020, Brookfield Asset Management Inc. (Brookfield) submitted, pursuant to rule 207(a)(2) of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission, a petition for declaratory order requesting a waiver from certain requirements of the Commission’s regulations implementing the Public Utility Holding Company Act of 2005. Specifically, Brookfield seeks a waiver of accounting, record-retention, and reporting requirements following the acquisition of indirect voting securities of Arcadia Fuel Cell, LLC. Agenda item E-29 may be an order addressing the petition for declaratory order.
E-30 – North Carolina Eastern Municipal Power Agency (Docket No. EL20-15-000). On December 23, 2019 North Carolina Eastern Municipal Power Agency (NCEMPA) submitted, pursuant to rule 207(a)(2) of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (Commission), a petition for declaratory order requesting an order confirming the rights of NCEMPA and its members to utilize “battery-based energy storage technology” under the Fifth Restated Full Requirements Power Purchase Agreement with Duke Energy Progress, LLC (DEP). On January 29, 2020, DEP submitted a protest opposing the petition. Agenda item E-30 may be an order addressing the petition for declaratory order.
E-31 – Indicated Generation Owners (Docket No. EL19-70-000). On May 3, 2019, Ares EIF Management LLC, Competitive Power Ventures, Inc., Invenergy Thermal Development LLC, J-Power USA Development Co., Ltd., Panda Power Generation Infrastructure Fund LLC, Tenaska, Inc., and Vistra Energy Corp. (Indicated Generation Owners) submitted, pursuant to rule 207(a)(2) of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (Commission), a petition for declaratory order requesting an order clarifying several issues regarding proposed revenue requirements and cost-based rates for merchant generators providing reactive power service to the PJM Interconnection, L.L.C. Agenda item E-31 may be an order addressing the petition for declaratory order.
E-32 – Pacific Gas and Electric Company (Docket No. ER19-2582-001). On August 12, 2019, Pacific Gas and Electric Company (PG&E) filed, pursuant to section 205 of the Federal Power Act, a request for authorization to recover 100 percent of its abandoned plant costs associated with its Central Valley Power Connect Project (Project) through PG&E’s Transmission Owner Tariff (TO Tariff) formula rate. On January 17, 2020, the Federal Energy Regulatory Commission (Commission) issued an order granting in part and denying in part the request to recover abandoned plant costs. Specifically, the Commission granted 100 percent of prudently incurred costs from the date a declaratory order was issued approving the recovery of abandonment costs, September 18, 2014, through the date the project was put on hold, March 17, 2017. The Commission denied recovery of costs incurred prior to September 18, 2014. On February 14, 2020, PG&E filed a request for rehearing of the Commission’s order addressing abandonment costs. Agenda item E-32 may be an order addressing PG&E’s request for rehearing.
E-33 – PSEG Energy Resources & Trade LLC (Docket No. ER20-1441-000). On March 30, 2020, PSEG Energy Resources & Trade LLC (PSEG) filed, pursuant to section 205 of the Federal Power Act, a notice of cancellation of the tariff records applicable to Reactive Supply and Voltage Control from Generation Sources Service provided by the Yards Creek Generating Facility, an approximately 420 MW (summer rating) licensed hydroelectric facility in Warren County, New Jersey. The cancellation is due to the proposed sale of the ownership interests held by PSEG Fossil LLC in the Facility to Yards Creek Energy, LLC. Agenda item E-33 may be an order addressing the notice of cancellation.
E-34 – Omitted
E-35 – Omitted
E-36 – Paper Birch Energy, LLC (Docket Nos. ER20-1120-001, ER20-1120-002). On April 13, 2020, Paper Birch Energy, LLC (PBE) filed, pursuant to section 205 of the Federal Power Act and rule 205 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (Commission), an amended petition for order accepting market-based rate tariff. On June 12, 2020, the Commission’s Office of Energy Market Regulation (OEMR) issued a letter requesting further information to address vertical market power concerns. On June 23, 2020, PBE submitted a response to OEMR’s letter requesting additional information. PBE’s response included an unchanged version of its market-based rate tariff. Agenda item E-36 may be an order addressing PBE’s tariff filing.
E-37 – New York Independent System Operator, Inc. (Docket Nos. ER16-1404-001, ER16-1404-002). On April 13, 2016, New York Independent System Operator, Inc. (NYISO) submitted, in response to a Federal Energy Commission (Commission) order finding buyer-side mitigation rules applied to certain renewable and self-supply resources to be unjust and unreasonable, a compliance filing proposing tariff changes that would have exempted up to 1,000 MW of intermittent renewable resources per interconnection class year, as well as resources self-supplied by entities that satisfy certain net-short and net-long thresholds. On February 20, 2020, the Commission issued an Order on Compliance accepting in part, subject to condition, and denying in part NYISO’s compliance filing. On March 20, 2020, the New York State Public Service Commission (NYPSC), New York State Energy Research and Development Authority (NYSERDA), New York Power Authority (NYPA), and Long Island Power Authority (LIPA) petitioned for rehearing of the Commission’s Order on Compliance. On April 7, 2020, NYISO submitted a compliance filing in response to the directives in the Commission’s February 20 order. Agenda item E-37 may be an order addressing the compliance filing and/or petition for rehearing.
Miscellaneous
M-1 – Revisions to the Filing Process for Commission Forms (Docket No. RM19-12-000). On January 17, 2019, the Commission issued a Notice of Proposed Rulemaking (NOPR) relating to potential Revisions to the Filing Process for Commission Forms. Namely, the NOPR proposed a transition from a certain type of software to a type of markup language which would be utilized to file Commission Form numbers 1, 1-F, 2, 2-A, 3-Q electric, 3-Q natural gas, 6, 6-Q, 60, and 714. The Commission stated that the transition would enable less burdensome and less costly submissions on behalf of filers and data users. A number of companies and stakeholders filed comments in the intervening period. On June 20, 2019, the Commission issued Order No. 859, the Final Rule in this proceeding. Order No. 859 memorialized the proposed changes as set forth in the NOPR and also revised Commission regulations to require filers of Form No. 1-F to file their report in an electronic media format. On December 16, 2019, the Commission issued a notice of a technical conference in order to furnish detailed information and instructions for interested industry members and vendors to discuss and propose revisions to the draft taxonomy in the new electronic filing system. On March 24-26, 2020, the Commission convened the technical conference. Agenda item M-1 may be a final order incorporating a taxonomy for the new filing system.
Gas
G-1 – Transcontinental Gas Pipe Line Company, LLC (Docket No. RP20-779-001). On April 10, 2020, Transcontinental Gas Pipe Line Company, LLC (Transco) filed a request for Commission authorization to revise its Tariff in order to shorten the open season minimum bid timeframe for three periods of transportation capacity. On April 28, 2020, the Commission issued an order approving the request by Transco. On May 11, 2020, Duke Energy Carolinas, LLC, Duke Energy Progress, LLC, & Duke Energy Florida (collectively, Duke Energy) filed a request for rehearing of the April 28 order, alleging that there is no justification to shorten the minimum bid period during open seasons for capacity available for more than one year, which would adversely affect the long-term capacity procurement strategy of Duke Energy. Further, in the April 28 order, the Commission reaffirmed Transco’s claim that the “speed of transactions in today’s [natural] gas market” warrants shorter timelines for open seasons; in the May 11 request for rehearing, Duke Energy states that reducing the time to consider a long-term service agreement to five days is not sufficient and restrictive to customer access. Agenda item G-1 may be an order on the request for rehearing as brought forward by Duke Energy.
Hydro
H-1 – Safety of Water Power Projects and Project Works (Docket No. RM20-9-000). Agenda item H-1 may establish a new Commission proceeding relating to the Safety of Water Power Projects and Project Works.
H-2 – PacifiCorp (Docket Nos. P-2082-062, P-2082-066, P-14803-000); Klamath River Renewal Corporation (Docket No. P-14803-003). On September 23, 2016, the Klamath River Renewal Corporation (KRRC) filed an application pursuant to section 401 of the Clean Water Act (CWA) for surrender of license for major project and removal of project works. The application relating to the Lower Klamath Project was filed concurrently with a joint application for approval of license amendment and license transfer along with PacifiCorp. In the application, KRRC stated that surrender of the license will facilitate the removal of four developments to achieve a free-flowing water condition and volitional fish passage, which would advance restoration of native fishes and serve the public interest. The Klamath Hydroelectric Settlement Agreement would govern the continued operation of hydroelectric facilities while conducting the removal and restoration activities. On December 27, 2018, the California State Water Resources Control Board (the Board) filed the draft Environmental Impact Report (Draft EIR) for the project, which evaluated a range of potential alternatives to the proposed project that include the continued operations of PacifiCorp’s hydroelectric generating facilities and partial removal. On February 26, 2019, PacifiCorp filed comments on the Draft EIR, stating that the Board had not fully accounted for certain considerations and that it must be corrected to ensure the final EIR would be legally sound and defensible. On March 12, 2019, KRRC filed comments on the Draft EIR, stating that ultimately the most environmentally beneficial option is the proposed project as furnished in the September 23 application, and that it would represent one of the most comprehensive river restoration projects in United States history. Following a lengthy and exhaustive exchange of supplement information as well as comments from elected officials, tribes, and various stakeholders, the Board issued the final water quality certification and final EIR on April 7, 2020. Agenda item H-2 may be an order on the application brought forward by PacifiCorp and KRRC.
H-3 – City and County of Denver, Colorado (Docket No. P-2035-099). On November 25, 2016, the City and County of Denver, Colorado (Denver) submitted the final license amendment application for the Gross Reservoir Hydroelectric Project No. 2305. The application sought approval for a major component of Denver’s long-term approach to secure a large water supply for its residents by raising the elevation of the Gross Dam and increasing storage in the reservoir. On February 6, 2018, the Commission issued the Supplemental Environmental Assessment (Supplemental EA), finding that approval of the amendment application would not result in any significant negative effects to the proximate environmental resources and thereby recommending approval. On February 8, 2019, the Commission issued the Final Environmental Assessment (Final EA), affirming the Supplemental EA in that the project would not constitute a major federal action affecting the human environment. Agenda item H-3 may be an order on the application brought forward by Denver.
H-4 – Pacific Gas and Electric Company (Docket No. P-2105-126). On April 24, 2020, Pacific Gas and Electric Company (PG&E) filed a petition for declaratory order requesting waiver of water quality certification relating to the Upper North Fork Feather River Hydroelectric Project (UNFFR Project). PG&E stated that the California State Water Resources Control Board (the Board) has waived its authority under section 401 of the CWA to issue water quality certification relating to the pending application for a new license for the UNFFR Project. PG&E alleged that the Board has denied certification without prejudice and therefore has relinquished its jurisdiction over the UNFFR Project, which now requires a new license as it has exceeded 15 years since the necessary authorizations associated with the project were issued. Agenda item H-4 may be an order on PG&E’s petition for declaratory order with regard to the Board’s jurisdiction over its section 401 certification.
H-5 – Pacific Gas and Electric Company (Docket No. P-606-040). On May 15, 2019, PG&E filed a petition for declaratory order requesting waiver of water quality certification relating to the Kilarc-Cow Creek Hydroelectric Project (Kilarc-Cow Project). PG&E stated that the California State Water Resources Control Board (the Board) has waived its authority under section 401 of the CWA to issue water quality certification relating to the pending application for a new license for the Kilarc-Cow Project. PG&E alleged that the Board has denied certification without prejudice and therefore has relinquished its jurisdiction over the Kilarc-Cow Project, which now requires a new license as it has exceeded 15 years since the necessary authorizations associated with the project were issued. On November 27, 2019, the Board issued the water quality certification and final Environmental Impact Report. On March 19, 2020, the Commission issued a decision finding that the Board had waived certification under section 401 of the CWA due to prior years of inaction and denials. On April 20, 2020, the Board filed a request for rehearing of the March 19 order, asserting that the Commission had erred in a number of interpretations of PG&E’s actions and pursuit of administrative legal remedies. Agenda item H-5 may be an order on the request for rehearing as brought forward by the Board.
H-6 – Southern California Edison Company (Docket Nos. P-67-135, P-120-029, P-2085-021, P-2086-040, P-2174-018, P-2175-022). On June 17, 2019, Southern California Edison Company (SCE) submitted a petition for declaratory order requesting waiver of water quality certification relating to its Big Creek Hydroelectric System (Big Creek), an integrated network of seven individually licensed hydroelectric projects in California. SCE sought to demonstrate that the California State Water Resources Control Board (the Board) had waived its authority under section 401 of the CWA by denying certifications for license renewal applications of Big Creek. On February 20, 2020, the Commission issued an order finding that the Board had waived certification under section 401 of the CWA relating to Big Creek. On March 30, 2020, the Board filed a request for rehearing pertaining to several hydroelectric proceedings under which its jurisdiction under section 401 of the CWA was subject to legal scrutiny. Agenda item H-6 may be an order on the request for rehearing brought forward by the Board.
Certificates
C-1 – National Fuel Gas Supply Corporation (Docket No. CP19-491-000); Transcontinental Gas Pipe Line Company, LLC (Docket No. CP19-494-000). On July 18, 2019, National Fuel Gas Supply Corporation (National Fuel) submitted an abbreviated application pursuant to sections 7(b) and 7(c) of the Natural Gas Act (NGA) seeking authorization for a certificate of public convenience and necessity (CPCN) and abandonment. The CPCN application pertains to the construction and operation of the proposed FM100 Project as well as the abandonment of firm capacity to Transcontinental Gas Pipe Line Company, LLC (Transco) pursuant to a capacity lease agreement. On February 7, 2020, the Commission issued the Environmental Assessment for the project, finding that it would not constitute a significant impact to the environment and therefore recommended approval of the application. Agenda item C-1 may be an order on the CPCN application as brought forward by National Fuel.
C-2 – Texas Eastern Transmission, LP (Docket No. CP20-37-000). On January 10, 2020, Texas Eastern Transmission, LP (Texas Eastern) submitted an abbreviated application pursuant to section 7(c) of the NGA seeking authorization for a CPCN. The CPCN application pertains to the proposed Lilly Compressor Units Replacement Project in order to replace four existing compressor units with two new gas turbines in compliance with future emission reduction requirements in the state of Pennsylvania. On June 5, 2020, the Commission issued the Environmental Assessment for the project, finding that it would not constitute a significant impact to the environment and therefore recommended approval of the application. Agenda item C-2 may be an order on the CPCN application as brought forward by Texas Eastern.
C-3 – Transcontinental Gas Pipe Line Company, LLC (Docket No. CP20-49-000). On January 31, 2020, Transcontinental Gas Pipe Line Company, LLC (Transco) submitted an abbreviated application pursuant to section 7(c) of the NGA seeking authorization to amend an existing CPCN. The application pertains to the CPCN issued by the Commission on May 3, 2019 for the Northeast Supply Enhancement Project and aims to allow Transco to utilize an existing road to access a certain compressor station in lieu of constructing a new road. On April 24, 2020, the Commission issued the Environmental Assessment for the project, finding that it would not constitute a significant impact to the environment and therefore recommended approval of the application. Agenda item C-3 may be an order on the CPCN amendment application as brought forward by Transco.
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