Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on July 27, 2023, pursuant to the sunshine notice released on July 20, 2023.
In this issue…
- Electric Items
- Hydro Items
- Certificate Items
Electric
E-1 – Improvements to Generator Interconnection Procedures and Agreements (Docket No. RM22-14-000). On June 16, 2022, the Commission issued a Notice of Proposed Rulemaking (NOPR) focused on expediting the process for connecting new electric generation facilities to the grid. The NOPR aimed to address the significant backlogs in the interconnection queues by improving interconnection procedures, providing greater certainty and preventing undue discrimination against new generation. Improvements to Generator Interconnection Procedures and Agreements, 179 FERC ¶ 61,194 (2022). The NOPR included several key areas of proposed reforms, such as: i) implementing a "first-ready, first-served" cluster study process; ii) improving interconnection queue processing speed; iii) incorporating technological advancements into the interconnection process; and iv) updating modeling and performance requirements for system reliability. On October 18, 2022, Edison Electric Institute (EEI) filed a motion requesting a 30-day extension of time to submit reply comments in response to the NOPR to December 14, 2022. EEI noted that over 130 initial comments were filed in the NOPR proceeding, some of which included alternative proposals for consideration. Given the number of initial comments and their detailed nature, EEI argued that stakeholders needed more time to review and provide thorough responses. On October 25, 2022, Advanced Energy Economy, the American Clean Power Association, American Council on Renewable Energy, and the Solar Energy Industries Association filed comments supporting EEI's motion. On October 28, 2022, the Commission extended the deadline to submit reply comments in response to the NOPR from November 14, 2022 to and including December 14, 2022. Agenda item E-1 may be an order on the NOPR.
For additional insight on this proceeding, please refer to our article entitled "Ready for Renewables: FERC Targets Interconnection Queue Reform" as published in July of 2022.
E-2 – Incentives for Advanced Cybersecurity Investment (Docket No. RM22-19-001). On September 22, 2022, the Commission issued a NOPR in which the Commission proposed revisions to its regulations to provide incentive-based rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by utilities for the purpose of benefitting consumers by encouraging investments by utilities in advanced cybersecurity technology and participation by utilities in cybersecurity threat information sharing programs, as directed by the Infrastructure Investment and Jobs Act of 2021 (Infrastructure and Jobs Act). In the Final Rule issued on April 21, 2023, the Commission adopted revisions to its regulations to provide incentive-based rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by utilities for the purpose of benefitting consumers by encouraging investments by utilities in advanced cybersecurity technology and participation by utilities in cybersecurity threat information sharing programs, as directed by the Infrastructure Investment and Jobs Act. On May 22, 2023, the National Rural Electric Cooperative Association (NRECA) requested clarification or, in the alternative, rehearing of the Final Rule. Agenda item E-2 may be an order on NRECA's rehearing and clarification request.
E-3 – GridLiance Heartland LLC (Docket No. ER22-2355-000). On July 12, 2022, in accordance with the Commission's Order No. 881, GridLiance Heartland LLC (GridLiance Heartland) filed a new Attachment T into its Open Access Transmission Tariff (OATT) governing transmission line ratings on the transmission lines over which GridLiance Heartland provides transmission service. GridLiance Heartland noted that the language of Attachment T is the same as the language in the Commission's pro forma OATT Attachment M prescribed by Order No. 881, with three modifications. First, GridLiance Heartland has written in an effective date of July 12, 2025, into the first sentence of the attachment to ensure that GridLiance Heartland's customers are on notice regarding the specific effective date of the attachment. Second, the definition of "Seasonal Line Ratings" was modified to clarify that up-to-date forecasts for seasonal line ratings will be "based on historical ambient air data," consistent with the Commission's clarification on this point in Order No. 881. Third, with respect to a Transmission Provider's obligation to maintain a database of Transmission Line Ratings and Transmission Line Rating methodologies, language has been added to clarify that the collection of historical data will commence no later than July 12, 2025, the date that the requirements of Order No. 881 are implemented by the Transmission Provider, and that historical data for the 5-year period prior to implementation will not be included. Agenda item E-3 may be an order on GridLiance Heartland's Order No. 881 compliance filing.
E-4 – GridLiance High Plains LLC (Docket No. ER22-2354-000). On July 12, 2022, in accordance with the Commission's Order No. 881, GridLiance High Plains filed a new Attachment R into its OATT governing transmission line ratings on the transmission lines over which GridLiance High Plains provides transmission service. GridLiance High Plains noted that the language of Attachment R is the same as the language in the Commission's pro forma OATT Attachment M prescribed by Order No. 881. Agenda item E-4 may be an order on GridLiance High Plains' Order No. 881 compliance filing.
E-5 – Florida Power & Light Company (Docket No. ER22-2353-000). On July 12, 2022, in accordance with the Commission's Order No. 881, Florida Power & Light Company (FPL) filed a new Attachment Q into FPL's OATT governing transmission line ratings on the transmission lines over which FPL provides transmission service. The language of Attachment Q was modeled on the Commission's pro forma OATT Attachment M prescribed by Order No. 881, with three modifications. First, FPL has written in an effective date of July 12, 2025, into the first sentence of the attachment to ensure that FPL's customers are on notice regarding the specific effective date of the attachment. Second, the definition of "Seasonal Line Ratings" was modified to clarify that up-to-date forecasts for seasonal line ratings will be "based on historical ambient air data," consistent with the Commission's clarification on this point in Order No. 881. Third, with respect to a Transmission Provider's obligation to maintain a database of Transmission Line Ratings and Transmission Line Rating methodologies, language has been added to clarify that the collection of historical data will commence no later than July 12, 2025, the date that the requirements of Order No. 881 are implemented by the Transmission Provider, and that historical data for the 5-year period prior to implementation will not be included. Agenda item E-5 may be an order on FPL's Order No. 881 compliance filing.
E-6 – Cube Yadkin Transmission LLC (Docket No. ER22-2466-000). On July 22, 2022, in accordance with the Commission's Order No. 881, Cube Yadkin Transmission LLC (Cube Yadkin Transmission) submitted for filing its Order No. 881 compliance filing to revise its OATT to add a new Attachment M governing transmission line ratings. Agenda item E-6 may be an order on Cube Yadkin Transmission's Order No. 881 compliance filing.
E-7 – Versant Power (Docket No. ER22-2358-001). On July 12, 2022, Versant Power (Versant) submitted a compliance filing pursuant to the directives furnished by the Commission in Order Nos. 881 and 881-A. In accordance with the Orders, Versant proposed to include the new Attachment T in the Open Access Transmission Tariff (OATT) of the Maine Public District in order to implement the utilization of ambient-adjusted ratings as the basis for evaluating near-term transmission service in order to improve the accuracy of such line ratings, as contemplated by the Orders. Agenda item E-7 may be an order on the proposed OATT revisions by Versant.
E-8 – Nevada Power Company (Docket No. ER22-2304-000). On July 8, 2022, Nevada Power Company (Nevada Power) submitted a compliance filing pursuant to the directives furnished by the Commission in Order Nos. 881 and 881-A. In accordance with the Orders, Nevada Power proposed to include a new pro forma Attachment in its OATT in order to implement the utilization of ambient-adjusted ratings as the basis for evaluating near-term transmission service in order to improve the accuracy of such line ratings, as contemplated by the Orders. Agenda item E-8 may be an order on the proposed OATT revisions by Nevada Power.
E-9 – Cheyenne Light, Fuel and Power Company (Docket No. ER22-2307-000). On July 8, 2022, Cheyenne Light, Fuel and Power Company (Cheyenne) submitted a compliance filing pursuant to the directives furnished by the Commission in Order Nos. 881 and 881-A. In accordance with the Orders, Cheyenne proposed to include a new pro forma Attachment in its OATT in order to implement the utilization of ambient-adjusted ratings as the basis for evaluating near-term transmission service in order to improve the accuracy of such line ratings, as contemplated by the Orders. Agenda item E-9 may be an order on the proposed OATT revisions by Cheyenne.
E-10 – Pacific Gas and Electric Company (Docket Nos. ER21-2592-000, ER21-2592-001); CXA La Paloma, LLC v. California Independent System Operator Corporation (Docket No. EL23-24-000). On August 2, 2021, PG&E submitted for filing an unexecuted Large Generator Interconnection Agreement (LGIA) between CXA La Paloma, LLC (CXA) and California Independent System Operator Corporation (CAISO) to be effective as of August 3, 2021. On August 23, 2021, CXA filed a protest, contending that the unexecuted LGIA would not preserve the requested, constructed, contracted, and grandfathered interconnection capacity amount inclusive of any surplus interconnection service. On December 21, 2021, the Commission issued an order accepting for filing and suspending the unexecuted CXA LGIA for a nominal period, holding a paper hearing in abeyance, and establishing settlement procedures. In the order, the Commission stated that it could not determine whether the amount of interconnection service capacity in the unexecuted LGIA was appropriate. On June 14, 2022, following a period of unsuccessful negotiations among the parties, the Chief Administrative Law Judge issued an order terminating settlement judge procedures and returning the matter to the Commission. On December 15, 2022, the Commission issued an order lifting abeyance and establishing a paper hearing to resolve the outstanding material issues in the proceeding. In the ensuing months, the parties have submitted initial briefs and response briefs, respectively. On January 23, 2023, in a separate docket, CXA filed a formal complaint, alleging that CAISO is improperly taking interconnection service from an existing customer and allowing for the provision to new interconnection customers, in contravention of prior Commission orders and provisions of the CAISO Tariff. CXA states that, as the holder of surplus interconnection service capacity stemming from the original LGIA, it should retain the right to use or transfer it. CXA argues that CAISO has, since the expiration of the LGIA on August 3, 2021, not included this capacity in a new LGIA and has been pursuing new interconnection customers. Agenda item E-10 may be an order on the two ongoing proceedings relating to the unexecuted LGIA.
E-11 – Secure-the-Grid Coalition (Docket No. EL23-69-000). On May 15, 2023, Secure-the-Grid Coalition (STG) submitted a petition for rulemaking to order the North American Electric Reliability Corporation (NERC) to create a new Reliability Standard. In the petition, STG requests that the Commission authorize NERC to establish an enhanced standard to be used in the determination of critical infrastructure that would be subjected to evaluation through updated engineering models in order to identify which assets, if damaged or destroyed due to a physical attack, could lead to grid instability, uncontrolled separation, and/or cascading outages. On June 13, 2023, American Public Power Association, et al. (Trade Associations) filed a joint protest, stating that the petition does not satisfy the minimum requirements for a Commission directive to NERC to develop new or modified Reliability Standards. On a substantive basis, Trade Associations also assert that the Commission and NERC are currently evaluating potential revisions to Reliability Standard CIP-014-3 in an ongoing docket, and that any requested to NERC would be premature prior to the outcome of that proceeding. Agenda item E-11 may be an order on the petition for rulemaking.
E-12 – arGo Partners GP LLC (Docket No. EL23-43-000). On February 16, 2023, arGo Partners GP LLC (arGo) submitted a petition for declaratory order. In the petition, arGo requested that the Commission issue an order confirming, pursuant to the Public Utility Holding Company Act of 2005 (PUHCA), a Commission-approved transaction on February 7, 2023 (whereby an affiliate of arGo will acquire a 50 percent interest in Brookfield Smoky Mountain Holdings LLC) will not affect the existing waivers of the accounting, record-retention, and reporting requirements of the arGo holding companies and service companies. Agenda item E-12 may be an order on the petition for declaratory order for PUHCA exemptions.
E-13 – arGo Partners GP LLC (Docket No. EL23-41-000). On February 16, 2023, arGo submitted a petition for declaratory order. In the petition, arGo requested that the Commission issue an order confirming, pursuant to PUHCA, a Commission-approved transaction on February 7, 2023 (whereby an affiliate of arGo will acquire a 50 percent interest in Brookfield Smoky Mountain Holdings LLC) will not affect the books and records exemptions and not be relevant to the jurisdictional rates of any public utility or natural gas company within the arGo holding company system. Agenda item E-13 may be an order on the petition for declaratory order for PUHCA exemptions.
E-14 – PJM Interconnection, L.L.C. (Docket Nos. ER23-729-001, EL23-19-001). On December 23, 2022, PJM Interconnection, L.L.C. (PJM) submitted proposed revisions to its Tariff, pursuant to section 205 of the Federal Power Act (FPA), to exclude planned generation capacity resources from the calculation of a reliability requirement in its Base Residual Auction (BRA). Concurrently on December 23, 2022, PJM also submitted a formal complaint, pursuant to section 206 of the FPA, alleging that the Locational Deliverability Area Reliability Requirement is unjust and unreasonable as applied in a particular locational deliverability area (LDA). PJM stated that the calculation of the Locational Deliverability Area Reliability Requirement produces a flawed result when Planned Generation Capacity Resources, including large thermal resources and intermittent resources, do not ultimately participate and bid capacity into the BRA. Consequently, PJM brought the section 206 complaint in order to remedy the market distortion stemming from the mismatch of forecasted resources available to a LDA and the actual reliability requirements. To address this issue, PJM proposed revisions that would adjust the Locational Deliverability Area Reliability Requirement based on the actual supply of resources that submitted offers into the auction to accurately reflect the actual reliability needs in the LDA. PJM submitted the complaint in advance of completing the auction process associated with the 2024/2025 BRA and prior to making any capacity awards. A number of parties, including renewable energy developers, trade associations, utilities, and advocacy groups, filed motions to intervene and protests. Generally, the protests addressed the substantive nature of the PJM proposal, asserting that PJM is attempting to circumvent the filed rate doctrine and engage in retroactive ratemaking. According to the protests, PJM seeks to apply a revised definition of the LDA Reliability Requirement that was not included in the PJM Tariff at the time the 2024/25 BRA was conducted. Additionally, by withholding the posting of final auction results for the 2024/25 BRA due to the pending nature of the proposed revisions, and not due to the auction itself being conducted erroneously, PJM violated its Tariff by not releasing the results "as soon thereafter as possible." On February 21, 2023, the Commission issued an order approving the section 205 proposal and dismissing the section 206 complaint as moot. In the order, the Commission found that, at the time PJM filed its proposed Tariff revisions, applying those revisions to the 2024/2025 BRA would not violate the filed rate doctrine or constitute retroactive ratemaking. At that time, no capacity commitments had yet been secured and no transaction had been consummated. On March 23, 2023, a number of parties filed requests for rehearing of the February 21 order, generally disputing that the filed rate doctrine was not violated and reasserting that the PJM Tariff required that PJM was required to calculate the LDA Reliability Requirement prior to conducting the BRA as well as to post the auction results promptly thereafter. Agenda item E-14 may be an order on the requests for rehearing.
Hydro
H-1 – Southern California Edison Company (Docket No. P-2290-124). On July 28, 2022, Southern California Edison Company (SCE) submitted a request for a long-term variance to License 406 of the existing Kern River No. 3 Hydroelectric Project (FERC Project No. 2290) in order to maintain the reduced flow until such a time that hatchery operations are resumed by the California Department of Fish and Wildlife, which began on January 7, 2022 due to maintenance on the pipeline serving the Kern River Planting Base. Agenda item H-1 may be an order on the request for a long-term variance.
H-2 – New England Hydropower Company, LLC (Docket No. P-14634-007). On June 17, 2022, the Commission issued an order rejecting the application for hydroelectric Project No. 15282 by New England Hydropower, LLC (NEHC). On December 3, 2022, the Commission issued an order accepting a permit application by a separate developer and established June 3, 2023 as the end date for the submission of competing applications for the Project. On January 13, 2023, NEHC submitted a new Notice of Intent, Request to Use the Traditional Licensing Process (TLP), and Preliminary Application; the Commission authorized the use of the TLP on March 2, 2023 and reaffirmed the June 3, 2023 deadline. On March 3, 2023, NEHC filed a request to extend the deadline to July 31, 2023; on April 24, 2023, the Commission denied the extension request. On May 11, 2023, the other developer withdrew the preliminary permit application, and accordingly, on May 12, 2023, NEHC filed a request for clarification by the Commission that the June 3, 2023 submission date is now moot and that NEHC may proceed to submit its final development application under the NEHC by July 31, 2023. Agenda item H-2 may be an order on the request to extend the filing deadline.
Certificates
C-1 – Venture Global Calcasieu Pass, LLC (Docket No. CP22-25-000). On December 3, 2021, Venture Global Calcasieu Pass, LLC (Calcasieu Pass) filed an application (Application) with the Commission seeking authorization under Section 3 of the Natural Gas Act (NGA) to increase the Calcasieu Pass LNG Export Terminal Project's (Export Terminal) authorized export capacity achievable under optimal conditions from 12.0 metric tons per annum (MTPA) to 12.4 MTPA of liquefied natural gas (LNG) – or from approximately 620 billion cubic feet (Bcf) to approximately 640.7 Bcf per year (gas equivalence). According to Calcasieu Pass, this proposed increase in the export capacity is based on updated engineering and vendor data, reflecting actual equipment performance, and does not involve the construction of any new facilities, any modification of the previously authorized facilities, or the disturbance of any land. Commission staff issued an environmental assessment (EA) for the proposed increase on August 5, 2022. Commission staff concluded in the EA that if Calcasieu Pass operates the proposed increase in export capacity in accordance with the Application and Calcasieu Pass's supplements thereto, that approval of the Application would not constitute a major federal action significantly affecting the quality of the human environment. Commission staff therefore recommended in the EA that any authorization the Commission may issue contain a finding of no significant impact and include certain mitigation measures listed in the EA as conditions thereto. Agenda item C-1 may be an order on the Application.
C-2 – Port Arthur LNG Phase II, LLC and PALNG Common Facilities Company, LLC (Docket No. CP20-55-000). On February 19, 2020, Port Arthur LNG Phase II, LLC and PALNG Common Facilities Company, LLC (collectively, Port Arthur LNG) filed an application (Application) seeking authorization pursuant to Section 3(a) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations, to expand the previously certificated Port Arthur Liquefaction Terminal 1 (Base Project) in Jefferson County, Texas by siting, constructing, and operating additional liquefied natural gas (LNG) facilities within the approved Base Project property (collectively, the Expansion Project). According to Port Arthur LNG, the Expansion Project would increase the Base Project's total liquefaction capacity from 13.46 MTPA to 26.92 MTPA. On January 15, 2021, Commission staff issued an Environmental Assessment (EA), concluding that approval of the Expansion Project would not constitute a major federal action significantly affecting the quality of the environment and recommending that the Commission order include the mitigation measures set forth therein as conditions to any NGA Section 3 authorization the Commission may issue to Port Arthur LNG. On January 27, 2023, the Commission issued a notice that it planned to prepare a supplemental EA for the Expansion Project that would tier off the Commission staff's January 15, 2021 EA and its findings and conclusions for the Project, and respond to comments filed on the EA. On April 28, 2023, Commission staff issued a supplemental EA (Supplemental EA) for the Expansion Project. Commission staff concluded in the Supplemental EA that approval of the Port Arthur LNG Expansion Project, with the mitigation measures recommended in the Supplemental EA, would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-2 may be an order on the Application.
C-3 – Gas Transmission Northwest, LLC (Docket No. CP22-2-000). On October 4, 2021, Gas Transmission Northwest LLC (GTN) filed an application (Application) pursuant to Section 7(c) of the Natural Gas Act (NGA) seeking a Certificate of Public Convenience and Necessity to modify a total of three existing compressor stations in Idaho, Washington, and Oregon (the GTN XPress Project). Specifically, the GTN Xpress Project would involve the modification of three existing compressor stations along GTN's existing pipeline transmission system in Idaho, Washington, and Oregon. GTN would uprate existing compressor units at each station and install a new compressor unit at its Starbuck Compressor Station. According to GTN, these modifications would result in a total increase of 50,980 horsepower (hp) along GTN's system and increase capacity by 150 million standard cubic feet per day. GTN would also install additional cooling bays and associated piping at the Starbuck Compressor Station in Washington and Kent Compressor Station in Oregon. Commission staff issued a draft Environmental Impact Statement (EIS) on June 30, 2022 and a final EIS on November 18, 2022. Commission staff concluded in the final EIS that construction and operation of the GTN Xpress Project, with the mitigation measures recommended in the final EIS, would result in some adverse environmental impacts; however, with the exception of climate change, those impacts would not be significant. The final EIS did not characterize climate change impacts as significant or insignificant. Agenda item C-3 may be an order on the Application.
C-4 – Boardwalk Storage Company, LLC (Docket No. CP 22-494-000). On August 6, 2022, Boardwalk Storage Company, LLC (Boardwalk) filed an abbreviated application (Application) for a Certificate of Public Convenience and Necessity, seeking authorization to abandon by removal one existing electric driven 10,000 horsepower (HP) compression unit, place one existing electric driven 10,000 hp compressor unit on standby, and install a new electric driven 9,000 hp compressor unit, station piping, and other auxiliary facilities at the Choctaw Compressor Station in Iberville Parish, Louisiana (collectively, the BSC Compression Project). According to Boardwalk, the BSC Compression Project is needed to replace an electric compressor unit that had been struck by lightning and rendered inoperable thereby. On March 13, 2023, Commission staff issued an environmental assessment (EA) for the BSC Compression Project, concluding that approval of the Application would not constitute a major federal action significantly affecting the quality of the human environment. Commission staff recommended in the EA that any authorization the Commission may issue contain a finding of no significant impact and include certain mitigation measures listed in the EA as conditions thereto. On July 7, 2023, Boardwalk filed a request for prompt issuance of the requested Certificate of Public Convenience and Necessity and abandonment authorization, in order to allow Boardwalk to begin construction by September 1, 2023. Agenda item C-4 may be an order on the Application.
C-5 – Texas Eastern Transmission, LP (Docket No. CP22-15-000). On November 10, 2021, Texas Eastern Transmission, LP (Texas Eastern) filed an application (Application) seeking authorization under Sections 7(b) and 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations to construct and operate certain natural gas facilities in Louisiana (the Venice Extension Project). Specifically, the Venice Extension Project consists of: (i) construction of a new pipeline segment; (ii) abandonment of an existing pipeline segment; (iii) construction of a new compressor station and metering and regulating (M&R) facilities; (iv) modifications and upgrades at two existing compressor stations; and (v) upgrades at one M&R facility in Pointe Coupee, Iberville, Lafourche, and Plaquemines parishes, Louisiana. According to Texas Eastern, the Venice Extension Project is intended to provide up to 1,260,000 dekatherms per day on Texas Eastern's Line 40 to an interconnection with Venture Global Gator Express, LLC, with ultimate delivery to the Venture Global Plaquemines LNG Terminal under development in Plaquemines Parish, Louisiana. Commission staff issued a draft environmental impact statement (EIS) on September 16, 2022 and a final EIS on February 17, 2023. Commission staff concluded in the final EIS that construction and operation of the Venice Extension Project, with the mitigation measures recommended in the final EIS, would not result in any adverse environmental impacts, with the exception of climate change (which the final EIS did not characterize as significant or insignificant). Agenda item C-5 may be an order on the Application.
C-6 – WBI Energy Transmission, Inc. (Docket No. CP22-466-000). On September 27, 2021, WBI Energy Transmission, Inc. (WBI Energy) entered into FERC's Pre-Filing Process in Docket No. PF21-4-000. On May 27, 2022, WBI Energy filed a formal application (Application) in Docket No. CP22-466-000 pursuant to Section 7(c) of the Natural Gas Act and Parts 157 and 284 of the Commission's regulations to construct, own, and operate an interstate natural gas pipeline and ancillary facilities in Cass and Richland Counites, North Dakota (collectively, the Wahpeton Expansion Project). Specifically, the Wahpeton Expansion Project would involve construction and operation of 60.2 miles of 12-inch-diameter pipeline; minor modifications to WBI Energy's existing Mapleton Compressor Station; two new border stations; seven new block valve settings; four new pig launcher/receiver settings; and the addition of ancillary facilities such as cathodic protection and communication facilities. Additionally, WBI Energy proposes to use temporary access roads and contractor yards to support construction activities and would establish new permanent access roads to support operation of the new facilities. According to WBI Energy, construction and operation of the Wahpeton Expansion Project would provide about 20,600 equivalent dekatherms of natural gas per day to meet a growing demand for natural gas in southeastern North Dakota. Commission staff issued a draft environmental impact statement (EIS) on November 3, 2022 and a final EIS on April 7, 2023. Commission staff concluded in the final EIS that construction and operation of the Wahpeton Expansion Project, with the mitigation measures recommended in the final EIS, would result in some adverse environmental impacts; however, with the exception of climate change, those impacts would not be significant. The final EIS did not characterize climate change impacts as significant or insignificant. Agenda item C-6 may be an order on the Application.
C-7 – Northern Natural Gas Company (Docket No. CP22-138-000). On March 28, 2022, Northern Natural Gas Company (Northern) filed an abbreviated application (Application) pursuant to Sections 7(b) and 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations, seeking authorization to abandon, construct, and operate certain interstate natural gas facilities as part of the Northern Lights 2023 Expansion Project in Freeborn, Washington, Scott, Sherburne, and Stearns Counties, Minnesota and Monroe County, Wisconsin. Specifically, the Northern Lights 2023 Expansion Project consists of: (i) the construction of six new pipeline segments (four pipeline extensions and two pipeline loops) in Freeborn, Washington, Scott, Sherburne, and Stearns Counties, Minnesota and Monroe County, Wisconsin, totaling 9.8 miles of new pipeline with diameters ranging in size from four to 36 inches; (ii) the construction of four new valve settings and modifications at six existing aboveground facilities; and the abandonment and removal of two existing valve settings. Commission staff issued a draft environmental impact statement (EIS) on October 14, 2022 and a final EIS on March 10, 2023. Commission staff concluded in the final EIS that effects from the Northern Lights 2023 Expansion Project, with implementation of Northern's impact avoidance, minimization, and mitigation measures, as well as adherence to Commission staff's recommendations, would be reduced to less than significant levels, except for climate change impacts, which are not characterized in the final EIS as significant or insignificant. Agenda item C-7 may be an order on the Application.
C-8 – Transcontinental Gas Pipe Line Company, LLC (Docket No. CP22-461-000). On May 23, 2022, Transcontinental Gas Pipe Line Company, LLC (Transco) filed an application (Application) pursuant to Section 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations, seeking authorization to construct, modify, own, and operate natural gas pipeline facilities that would increase firm transportation capacity along its existing interstate natural gas transmission system in North Carolina and Virginia (collectively, the Southside Reliability Enhancement Project). Specifically, the Southside Reliability Enhancement Project would involve the construction and operation of one new compressor station (Compressor Station 168) and modification and expansion of one existing compressor station (Compressor Station 166) in Virginia; and modification to one existing compressor station (Compressor Station 155) and modifications to three existing meter stations (Ahoskie, Pleasant Hill, and Iredell) in North Carolina. According to Transco, the Southside Reliability Enhancement Project would allow Transco to provide an incremental 423,400 dekatherms per day of year-round firm transportation capacity from Transco's Compressor Station 165 and the Pine Needle Storage Facility along the mainline and South Virginia Lateral pipeline systems to delivery points in North Carolina. Commission staff issued a draft environmental impact statement (EIS) on October 21, 2022 and a final EIS on February 24, 2023. Commission staff concluded in the final EIS that construction and operation of the Southside Reliability Enhancement Project, with the mitigation measures recommended in the final EIS, would result in some adverse environmental impacts; however, those impacts would be reduced to less than significant levels, except for climate change impacts, which are not characterized in the final EIS as significant or insignificant. Agenda item C-8 may be an order on the Application.
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