Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on July 25, 2024, pursuant to the sunshine notice released on July 18, 2024.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate Items
Electric
E-1 – New York Independent System Operator, Inc. (Docket No. ER24-95-000). On October 13, 2023, the New York Independent System Operator, Inc. (NYISO) filed revisions to its Market Administration and Control Area Services Tariff (Services Tariff) and Open Access Transmission Tariff (OATT) pursuant to Order No. 895 (Order No. 895). In Order No. 895, the Commission amended its regulations to require that each Commission-jurisdictional regional transmission organization (RTO) and independent system operator (ISO) have tariff provisions that (a) permit it to exchange market participant credit related information with other RTOs/ISOs; (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document. Agenda item E-1 may be an order on NYISO's Order No. 895 compliance filing.
E-2 – ISO New England Inc. (Docket No. ER24-138-000). On October 18, 2023, the ISO New England Inc. (ISO-NE), joined by the New England Power Pool (NEPOOL) Participants Committee (together, the Filing Parties), submitted revisions to the ISO-NE Transmission, Markets, and Services Tariff (Tariff) pursuant to Order No. 895 (Order No. 895). In Order No. 895, the Commission amended its regulations to require that each Commission-jurisdictional regional transmission organization (RTO) and independent system operator (ISO) have tariff provisions that (a) permit it to exchange market participant credit related information with other RTOs/ISOs; (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document. Agenda item E-2 may be an order on ISO-NE's Order No. 895 compliance filing.
E-3 – California Independent System Operator Corporation (Docket No. ER24-155-000). On October 19, 2023, California Independent System Operator Corporation (CAISO) submitted proposed tariff revisions pursuant to Order No. 895 (Order No. 895). In Order No. 895, the Commission amended its regulations to require that each Commission-jurisdictional regional transmission organization (RTO) and independent system operator (ISO) have tariff provisions that (a) permit it to exchange market participant credit related information with other RTOs/ISOs; (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document. Agenda item E-3 may be an order on CAISO's Order No. 895 compliance filing.
E-4 – PJM Interconnection, L.L.C. (Docket No. ER24-156-000). On October 19, 2023, the PJM Interconnection, L.L.C. (PJM) filed revisions to its Open Access Transmission Tariff (Tariff) and the Amended and Restated Operating Agreement of PJM (Operating Agreement) pursuant to Order No. 895 (Order No. 895). In Order No. 895, the Commission amended its regulations to require that each Commission-jurisdictional regional transmission organization (RTO) and independent system operator (ISO) have tariff provisions that (a) permit it to exchange market participant credit related information with other RTOs/ISOs; (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document. Agenda item E-4 may be an order on PJM's Order No. 895 compliance filing.
E-5 – Midcontinent Independent System Operator, Inc. (Docket No. ER24-165-000). On October 20, 2023, the Midcontinent Independent System Operator, Inc. (MISO) filed revisions to its Open Access Transmission Tariff (Tariff) pursuant to Order No. 895 (Order No. 895). In Order No. 895, the Commission amended its regulations to require that each Commission-jurisdictional regional transmission organization (RTO) and independent system operator (ISO) have tariff provisions that (a) permit it to exchange market participant credit related information with other RTOs/ISOs; (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document. Agenda item E-5 may be an order on MISO's Order No. 895 compliance filing.
E-6 – Southwest Power Pool, Inc. (Docket No. ER24-289-000). On November 1, 2023, Southwest Power Pool, Inc. (SPP) submitted tariff revisions to its Open Access Transmission Tariff (OATT) pursuant to Order No. 895 (Order No. 895). In Order No. 895, the Commission amended its regulations to require that each Commission-jurisdictional regional transmission organization (RTO) and independent system operator (ISO) have tariff provisions that (a) permit it to exchange market participant credit related information with other RTOs/ISOs; (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document. Agenda item E-6 may be an order on SPP's Order No 895 compliance filing.
E-7 – Sol Systems, LLC (Docket No. ER24-1606-000). On March 22, 2024, Sol Systems LLC (Sol Systems) on behalf of itself and its subsidiary, Big Cottonwood Solar LLC (Big Cottonwood) filed a petition for a limited, prospective waiver of the Decision Point 1 Deadline (DP1) deadline for Southwest Power Pool's (SPP) Definitive Interconnection System Impact Study (DISIS) 2023-001 cluster. Sol Systems requested the petition on the grounds that SPP failed to conduct contingent facilities analyses and identify contingent facilities. On April 12, 2024, Solar Energy Industries Association and American Clean Power Association jointly filed comments requesting that the Commission grant the waiver. On April 12, 2024, SPP submitted a Motion to Intervene and Protest in response to Sol Systems' request for a waiver claiming that the waiver was "not limited in scope, does not remedy a concrete problem, and would harm third parties." On May 22, 2024, Sol Systems submitted a Motion for Leave to Answer and Answer in response to SPP's April 12th protest defending its waiver request as a "reasonable measure to limit the harm caused by SPP." Agenda item E-7 may be a ruling on Sol System's request for waiver of the DP1 deadline.
E-8 – Southwest Power Pool, Inc. (Docket No. ER24-1775-000). On April 17, 2024, Southwest Power Pool, Inc. (SPP) submitted proposed revisions to Attachment AE of SPP's Open Access Transmission Tariff (OATT) to implement congestion hedging improvements, in order to improve "equity and fairness of access to congestion rights and surplus auction revenues to Eligible Entities." SPP requested a decision by July 17, 2024. On May 7, 2024, the Market Monitoring Unit of SPP filed comments in support of the proposed revisions, arguing that the revisions would create equity in the allocation of auction revenue and transmission congestion and more equitably distribute surplus revenue among market participants. Agenda item E-8 may be a decision on SPP's proposed tariff revisions.
E-9 – New York Power Authority (Docket No. EL24-86-000). On March 6, 2024, the New York Power Authority (NYPA) filed a petition for a declaratory order to recover 100 percent of prudently incurred costs associated with NYPA's investment in the expansion of the East Garden City Substation (Project) if the Project is abandoned or cancelled for reasons beyond NYPA's control. The NYPA requested that the Commission grant its requested abandonment incentive for the Project no later than April 30, 2024. Agenda item E-9 may be an order on NYPA's petition for declaratory order.
E-10 – Pacific Gas and Electric Company (Docket No. EL24-107-000). On April 30, 2024, Pacific Gas and Electric Company (PG&E) filed a Petition for a Declaratory Order and Request for Expedited Approval (Petition) for two transmission rate incentives for PG&E's project work associated with four reliability-driven transmission projects approved in the California Independent System Operator Corporation's (CAISO) 2021-2022 Transmission Plan. PG&E requested the following incentive rate treatments: (1) recover 100% of its prudently incurred costs for its work with the four projects if the projects are cancelled or abandoned for reasons beyond PG&E's control (Abandonment Incentive); and (2) include 100% of the Construction Work In Progress (CWIP) transmission rate base during the construction period (CWIP Incentive). On May 29, 2024, the California Public Utilities Commission (CPUC) submitted a Motion to Intervene and Protest requesting that the Commission deny PG&E's CWIP Incentive and in the alternative if the Commission chooses to grant the Petition requested that the Commission put in place clear guardrails to make sure that all the risk and burden is not shifted to ratepayers. On June 6, 2024, PG&E filed a Motion for Leave to Answer and an Answer to CPUC's May 29th Protest. PG&E requesting that the Commission deny the CPUC's Protest and grant the transmission rate incentives, including the CWIP Incentives as requested. PG&E argued that CPUC's policy arguments concerning the CWIP Incentive are outside the scope of this proceeding and that the CPUC's guardrail proposal should be rejected. Agenda item E-10 may be an order on PG&E's transmission incentive rate treatment requests.
E-11 – Omitted
E-12 – Omitted
E-13 – Canastota Windpower, LLC, Whitney Hill Wind Power, LLC, Enel Green Power Hilltopper Wind, LLC, Alta Farms Wind Project II, LLC (Docket Nos. ER13-760-002, ER19-2644-002, ER19-430-002, ER22-2483-001). On June 30, 2023, the above-captioned entities (collectively, the Enel Sellers) submitted a Triennial Market Power Analysis for the Northeast Region, pursuant to Section 35.37(a)(1) of the Commission's regulations and Order No. 697. In the triennial filing, the Enel Sellers provided a market power analysis update with respect to the entities' market-based rate (MBR) authority to sell energy, capacity, and ancillary services in the Northeast region. Further, the Enel Sellers contemporaneously filed a Notice in Change of Status, pursuant to Section 35.42 of the Commission's regulations and Order Nos. 652, 816, and 860, in order to reflect a tax equity transaction whereby JPMorgan Chase Bank, N.A. acquired an indirect, passive interest in Alta Farms Wind Project II, LLC. The Enel Sellers state that the transaction does not materially change the facts and circumstances by which the Commission has granted MBR authority. Agenda item E-13 may be an order on the triennial filing and notice of change in status.
E-14 – Allegheny Ridge Wind Farm, LLC, Big Plain Solar, LLC, Crescent Ridge LLC, GSG Wind, LLC, Lone Tree Wind, LLC, LRE Energy Services, LLC, Mendota Hills, LLC, Oak Trail Solar, LLC (Docket Nos. ER10-2527-011, ER23-842-002, ER10-2532-019, ER23-1497-001, ER20-1610-004, ER23-1595-001, ER10-2535-013, ER23-843-002). On June 28, 2023, the above-captioned entities (collectively, Sellers) submitted a Triennial Market Power Analysis for the Northeast Region, pursuant to Section 35.37(a)(1) of the Commission's regulations. In the triennial filing, Sellers assert that their affiliates do not have market power in the relevant geographic markets subject to Commission jurisdiction, namely the PJM Interconnection, L.L.C. (PJM) Balancing Authority Area (BAA) and the AP South submarket of the PJM BAA. Additionally, the Sellers filed a contemporaneous Notice of Non-Material Change in Status, pursuant to Section 35.42 of the Commission's regulations, in order to notify the Commission of their affiliation with 100 MW or more of generation capacity in the PJM BAA or changes in their upstream ownership structure. On August 28, 2023, the Independent Market Monitor (IMM) for PJM submitted comments in support of the triennial filings pursuant to retaining MBR authorization for the Sellers, among other dockets in the PJM BAA. However, the IMM stated that Commission action is necessary to ensure effective market power mitigation in PJM going forward, citing previous evidence of sellers failing the structural market power test, the Three Pivotal Supplier test. Accordingly, the IMM recommended that the Commission initiate a proceeding under Section 206 of the Federal Power Act (FPA) in order to investigate whether the existing mitigation measures are just and reasonable. On September 15, 2023, PJM filed comments in response to the IMM comments, stating that individual MBR compliance proceedings are not the appropriate venue to raise broader concerns regarding the market power mitigation rules of PJM, as well as stating that the IMM has not provided requisite evidence to support an investigation under Section 206 of the FPA. Agenda item E-14 may be an order on the triennial by Sellers and/or an order addressing the concerns raised by the IMM on market power mitigation rules in PJM.
E-15 – Colonial Eagle Solar, LLC, Conetoe II Solar, LLC, Duke Energy Beckjord Storage, LLC, Duke Energy Kentucky, Inc., Duke Energy Ohio, Inc., Duke Energy Renewable Services, LLC, Laurel Hill Wind Energy, LLC, North Allegheny Wind, LLC, Federal Way Powerhouse LLC, Potter Road Powerhouse LLC, 2018 ESA Project Company, LLC, Shoreham Solar Commons LLC, Carolina Solar Power, LLC (Docket Nos. ER16-355-004, ER16-141-006, ER15-255-005, ER10-2032-010, ER10-2033-009, ER15-190-021, ER12-2313-007, ER10-1330-009, ER18-2466-002, ER18-2465-002, ER19-2343-003, ER17-2336-007, ER18-1343-015). On December 20, 2022, the above-captioned entities (collectively, the Duke Energy Sellers) submitted a Triennial Market Power Analysis Update for the Northeast Region, pursuant to Section 35.37(a)(1) of the Commission's regulations and Order No. 697, Order No. 816, and Order No. 861. The Duke Energy Sellers are subsidiaries of Duke Energy Corporation and each have on file with the Commission an MBR Tariff as Category 2 Sellers in the Northeast Region, specifically in the markets of PJM, ISO New England (ISO-NE), and New York Independent System Operator (NYISO). In the triennial filing, the Duke Energy Sellers assert that neither it nor its affiliates have erected barriers to entry into the relevant markets. On February 13, 2023, the Independent Market Monitor (IMM) for PJM submitted comments in support of the triennial filings pursuant to retaining MBR authorization for the Sellers, among other dockets in the PJM BAA. However, the IMM stated that Commission action is necessary to ensure effective market power mitigation in PJM going forward, citing previous evidence of sellers failing the structural market power test, the Three Pivotal Supplier test. Accordingly, the IMM recommended that the Commission initiate a proceeding under Section 206 of the Federal Power Act (FPA) in order to investigate whether the existing mitigation measures are just and reasonable. The Duke Energy Sellers submitted Supplements to the original December 20 triennial filing on March 7, 2023 and June 20, 2023, respectively. Agenda item E-15 may be an order on the triennial by the Duke Energy Sellers and/or an order addressing the concerns raised by the IMM on market power mitigation rules in PJM.
E-16 – New Brunswick Energy Marketing Corporation (Docket Nos. ER14-225-008, ER14-225-009, EL23-95-000). On December 30, 2022, New Brunswick Energy Marketing Corporation (NBEM) submitted its Triennial Market Power Update for the Northeast Region. NBEM provided a market power analysis for the ISO-NE market as well as the New Brunswick BAA, in support of its continued MBR authority to sell energy, capacity, and ancillary services. In the triennial filing, NBEM conceded that it passed the pivotal supplier screen but failed the wholesale market share indicative screen in three out of four seasons. On October 19, 2023, the Commission issued a Show Cause order and instituted a proceeding under Section 206 of the FPA, consistent with Order No. 697 in order to determine whether NBEM's MBR authority remains just and reasonable in the New Brunswick BAA as a result of the indicative screen failures disclosed in the triennial filing. In addition, the Section 206 proceeding will contemplate if a refund effective date should be implemented for the protection of customers while the Commission evaluates the delivered price test analysis. On December 8, 2023, NBEM submitted its response to the Show Cause Order, asserting that the Commission did not take into account the Delivered Price Test for the New Brunswick BAA, which provided evidence to rebut the presumption of market power in the BAA. Agenda item E-16 may be an order on the Section 206 proceeding.
E-17 – American Municipal Power, Inc., Office of the People's Counsel for the District of Columbia, and the PJM Industrial Customer Coalition v. PJM Interconnection, L.L.C. PJM Interconnection, L.L.C. (Docket Nos. EL22-80-000 and EL22-85-000). On July 26, 2022, American Municipal Power, Inc., Office of the People's Counsel for the District of Columbia, and the PJM Industrial Customer Coalition, in Docket No. EL22-80, submitted a complaint pursuant to Sections 206, 306, and 309 of the FPA against PJM Interconnection, L.L.C. ("PJM"), alleging an ongoing failure by PJM that requires each entity with a regionally planned project (a "Designated Entity") to have a pro forma "Designated Entity Agreement" in accordance with Section 6 of the PJM Amended and Restated Operating Agreement. On August 26, 2022, in Docket No. EL22-85, PJM filed proposed tariff revisions to resolve the ambiguous use of designated entity agreements. Agenda item E-17 may be an order on the complaint and related PJM tariff filings.
E-18 – PJM Interconnection, L.L.C. (Docket No. ER22-962-005). On September 1, 2023, PJM submitted a proposed tariff filing to comply with FERC Order No. 2222. Agenda item E-18 may be an order on the proposed PJM tariff compliance filing.
Gas
G-1 – TransCanada Keystone Pipeline, LP; Husky US Marketing LLC and Phillips 66 Company v. TransCanada Keystone Pipeline, LP (Docket Nos. IS20-108-001; IS21-133-000; OR21-1-000). This consolidated proceeding involves a contract dispute between TransCanada Keystone, on the one hand, and its customers Husky US Marketing LLC (Husky) and Phillips 66 Company (P66, and together with Husky, the Joint Customers). On November 29, 2019, TransCanada Keystone filed Tariff No. 6.47.0 in Docket No. IS20-108-000, reflecting certain revisions to the Variable Rates with certain committed shippers, effective January 1, 2020, for service over the U.S. portion of the Keystone System, in accordance with the terms of TSAs. On December 16, 2019, four committed shippers on the Keystone System – including the Joint Customers – filed protests challenging TransCanada Keystone's revised Variable Rates for 2020 in Docket No. IS20-108-000 (2020 Protests). On December 30, 2019, the Commission accepted and suspended the 2020 Tariff Filing, subject to refund, and set the matter for hearing and settlement judge procedures. On October 9, 2020, Joint Customers filed a joint complaint in Docket No. OR21-1-000, challenging TransCanada Keystone's committed Variable rates for the previous two years. On December 1, 2020, TransCanada Keystone filed Tariff No. 6.59.0 in Docket No. IS21-133-000, reflecting certain revisions to the Variable Rates with the Term Shippers, effective January 1, 2021, for service over the U.S. portion of the Keystone System, in accordance with the terms of the transportation service agreements (TSA) thereon. On December 16, 2020, Joint Customers filed protests and motions to intervene in Docket No. IS21-133-000 (2021 Protest), and moved to consolidate that docket with Docket Nos. IS20-108-000, OR21-1-000, and OR21-2-000, and, on December 30, 2020, the proceedings were consolidated by the Commission. A hearing was held in the June and July 2022, resulting in an Initial Decision being issued by the ALJ presiding over the consolidated proceedings on February 16, 2023. TransCanada Keystone and Joint Customers filed Briefs on Exceptions on March 20, 2023. TransCanada Keystone, Joint Customers, and Trial Staff filed Briefs Opposing Exceptions on April 10, 2023. On July 19, 2023, Joint Customers submitted a Motion to Lodge the Root Cause Failure Analysis and U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Amended Corrective Action Order related to Keystone's Milepost 14 Crude Oil Release Incident. Agenda item G-1 may be an order on the contract dispute in this consolidated proceeding.
Hydro
H-1 – RAMM Power Group, LLC (Docket Nos. P-15248-000, P-14869-000). On November 18, 2021, RAMM Power Group, LLC (RAMM) submitted a preliminary permit application, pursuant to Part I of the FPA, for the proposed Sacaton Energy Storage Project to be located in the state of Arizona. RAMM stated that the application was made to secure and maintain priority for a future license application while determining the feasibility and conducting analyses with respect to the feasibility of the proposed project. On May 8, 2024, the Commission issued a letter requesting additional information; on May 16, 2024, RAMM filed a response to the letter. Agenda item H-1 may be an order on the preliminary permit application.
H-2 – New England Hydropower Company, LLC (Docket No. P-15327-000). On October 11, 2023, New England Hydropower Company (NEHC) submitted a preliminary permit application, pursuant to Part I of the FPA, for the proposed Middlebury Falls Hydroelectric Project. NEHC stated that the application was made to secure and maintain priority for a future license application while determining the feasibility and conducting analyses with respect to the feasibility of the proposed project. On December 28, 2023, the Commission issued a letter requesting additional information; on January 30, 2024, NEHC filed a response to the letter. Agenda item H-2 may be an order on the preliminary permit application.
H-3 – LinkPast Solutions, Inc. (Docket No. P-15302-001). On June 26, 2023, LinkPast Solutions, Inc. (LinkPast) submitted a preliminary permit application, pursuant to Part of the FPA, for the proposed Sewalls Island Hydroelectric Project. LinkPast stated that the application was made to secure and maintain priority for a future license application while determining the feasibility and conducting analyses with respect to the feasibility of the proposed project. On August 30, 2023, the Commission issued a letter requesting additional information; on October 11, 2023, LinkPast filed a response to the letter. Agenda item H-3 may be an order on the preliminary permit application.
H-4 – Erie Boulevard Hydropower, L.P. (Docket No. P-2701-066). On October 2, 2023, the Commission issued an order rejecting the out-of-time motion to intervene submitted by Citizens for Hinckley Lake (Citizens), with respect to the West Canada Creek Project. Citizens stated that the Commission did not release the Draft Environmental Assessment (Draft EA) in accordance with its proposed schedule, and that Citizens were led to believe that concerns related to a connected project, the Jarvis Hinckley Project, would be reviewed and incorporated into both projects. Accordingly, Citizens asserted that the Commission, by failing to issue the Draft EA as expected, it was unable to participate in the Jarvis Hinckley Project proceeding before learning that the Draft EA did not account for concerns that would potentially impact both projects. Agenda item H-4 may be an order on the rehearing request.
H-5 – BIF III Holtwood, LLC (Docket No. P-1881-110). On May 10, 2022, BIF III Holtwood, LLC (Holtwood) submitted the Upstream Boat Barrier Debris Management Plan for the Holtwood Hydroelectric Project. On July 27, 2022, Constellation Energy Generation, LLC (Constellation), as the licensee, owner, and operator of the Conowingo Hydroelectric Project, filed comments. Constellation stated that, due to debris management at the Holtwood project directly impacting its own project, it harbored concerns with the debris releases and that Constellation had been engaging with Brookfield Renewable Energy Group, the owner and operator of Holtwood, to mitigate such environmental issues. In the ensuing period, Holtwood submitted weekly status updates on the Plan to the Commission. Agenda item H-5 may be an order on the Upstream Boat Barrier Debris Management Plan.
H-6 – River Roar Energy LLC (Docket No. CD24-2-001). The sub-docket is not yet populated in eLibrary. Based on the docket description, the new sub-docket in agenda item H-6 may pertain to the Notice of Intent to Construct Qualifying Conduit Hydropower Facility regarding the Otter Creek Abandoned Canal Hydroelectric Project owned and operated by River Roar Energy LLC.
H-7 – Green Mountain Power Corporation (Docket No. P-5261-024). On April 29, 2024, Green Mountain Power Corporation (GMP) filed a request for clarification or, in the alternative, rehearing of the order issued by the Commission on March 28, 2024, which issued the subsequent license for the Newbury Hydroelectric Project located in Vermont. GMP requested that the Commission clarify one portion of the March 28 order with respect to the apparent requirement to operate the downstream fish passage chute of the Project at a certain flow for certain operating periods during the year. GMP asserted that the Commission relied upon the incorrect state agency for promulgating the requirement, as it is the Vermont Agency of Natural Resources is the certifying agency for purposes of section 401 of the Clean Water Act, not the Vermont Department of Environmental Conservation. Agenda item H-7 may be an order on the rehearing request.
H-8 – ECOsponsible, LLC (Docket No. P-9709-073). On March 31, 2022, ECOsponsible, LLC (ECO) submitted a Notice of Intent to File an Application for a New License (NOI), pursuant to section 15(b)(1) of the FPA, for the Herkimer Hydroelectric Project located in New York. On April 3, 2024, the Commission issued an order rejecting the NOI, finding that ECO misrepresented the state of incorporation of the owner and operator. On May 3, 2024, ECO filed a request for rehearing of the April 3 order, stating that it was at fault for the discrepancy and providing information relating to the clerical error that resulted in the rejection of the NOI. ECO contended that it was the original licensee of the project, and as of 2014, was a duly-formed corporation in New York. However, following the acquisition of ECO by a foreign entity from Delaware, ECO did not differentiate between itself in the NOI filing. Accordingly, ECO clarified in its rehearing request that it was the same entity in 2022, when the NOI was filed, as when the original project license was granted in 2015. Agenda item H-8 may be an order on the rehearing request.
H-9 – Antelope Valley Water Storage LLC (Docket No. DI22-5-001). On February 16, 2022, Antelope Valley Water Storage (Antelope) filed a Declaration of Intention for Aquifer Pumped Hydro. On January 26, 2024, the Commission issued a letter requesting additional information; on January 29, 2024, Antelope filed a request for jurisdiction. On March 21, 2024, the Commission issued an order finding jurisdiction and requiring a license. On March 26, 2024, Antelope filed a request for rehearing of the March 21 order. Agenda item H-9 may be an order on the rehearing request.
Certificates
C-1 – ANR Pipeline Company (Docket No. CP23-523-000). On August 1, 2023, ANR Pipeline Company (ANR) filed an application (Application) with the Commission pursuant to Section 7(b) and 7(c) of the Natural Gas Act, as amended, and Part 157 of the Commission's regulations. ANR is seeking authorization to replace approximately 33 miles of its existing 30-inch-diameter natural gas pipeline Line 0-501 with new 30-inch-diameter natural gas pipeline in Richland and West Carroll Parishes, Louisiana (Oak Grove Enhancement Project). According to ANR, the Oak Grove Enhancement Project would improve the integrity and reliability of ANR's system by replacing vintage pipeline facilities installed in the 1950s with new pipeline facilities, but would not increase or reduce service to any existing ANR customer and no changes to system capacity are proposed. On March 1, 2024, Commission staff issued an environmental assessment report (EA) for the Application, determining that if ANR constructs, abandons, and operates the proposed facilities in accordance with its Application (as supplemented) and our additional recommended mitigation measures detailed below, approval of the Oak Grove Enhancement Project would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-1 may be an order on the Application.
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