Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on March 21, 2024, pursuant to the sunshine notice released on March 14, 2024.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate Items
On Thursday, March 21, 2024, the Senate Committee on Energy and Natural Resources will hold a formal hearing to consider nominations to the Federal Energy Regulatory Commission (Commission), as recently announced by the Biden administration. The Commission has not fielded a full slate of five commissioners for more than a year. The three nominees are as follows, including the proposed terms for each: David Rosner (for the term expiring June 30, 2027), Lindsay S. See (for the term expiring June 30, 2028), and Judy W. Chang (for the term expiring June 30, 2029). The Commission may be composed of up to five total commissioners, with no more than three from one political party; Rosner and Chang were brought forward by President Biden (D), respectively, and See was recommended by Mitch McConnell (R), the Senate Minority Leader. Once the confirmation hearings are conducted, each nominee for commissioner will be subject to full approval from Senate lawmakers, which may span several months.
Electric
E-1 – Improvements to Generator Interconnection Procedures and Agreements (Docket No. RM22-14-001). 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. Specifically, the NOPR would improve aspects of the pro forma Large Generator Interconnection Procedures (LGIP), Large Generator Interconnection Agreement (LGIA), Small Generator Interconnection Procedures (SGIP), and Small Generator Interconnection Agreement (SGIA).
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. On or before December 14, 2012, multiple parties filed respective reply comments.
On July 28, 2023, the Commission issued Order No. 2023, adopting a final rule to effectuate reforms to generator interconnection procedures and agreements. Order No. 2023 required public utility transmission providers to submit compliance filings to adopt the provisions of the final rule within 90 days of the publication date in the Federal Register. The final rule included the main prongs of reform as initially outlined in the NOPR, such as the "first-ready, first-served" cluster study process as well as increasing both the speed and integration of technological advancements into the interconnection queue process. Order No. 2023 is also likely to weed out speculative renewable generation projects due to a number of provisions that require new developer assurances. Namely, a project entering the interconnection queue must demonstrate site control (i.e., that the developer has procured the rights to land use based on the planned footprint of the project) as well as front a commercial readiness deposit. In the final rule, the Commission signaled that the generator interconnection queues should be populated with viable projects rather than exploratory exercises. Developers and project owners will face a bit more of a barrier to entry to be included the queue, but these new mandates are likely to ensure that the interconnection studies are only performed for proposed facilities that are needed and backed with capital. The Commission will also impose penalties on developers that withdraw projects from the queue, which should serve as another incentive to only propose new renewable generation expected to reach commercial operation.
On or before August 28, 2023, a wide range of parties filed respective requests for rehearing of Order No. 2023. Generally, the issues raised in the rehearing requests pertained to omissions of several items furnished in the NOPR, such as eliminating the reasonable efforts standard to impose study delay penalties on transmission providers, failing to provide interconnection customers with advanced cost information, and excluding storage injections and related resources from new modeling methodologies to consider resource-specific operating parameters, among others. On October 25, 2023, the Commission issued an order on the rehearing requests relating only to the matter of compliance filings. In the order, the Commission set aside Order No. 2023, in part, by extending the deadline for compliance filings to 210 days following the publication of the final rule in the Federal Register (i.e., within 149 calendar days of the effective date of the final rule). For transmission providers with wholesale distribution access tariffs, compliance filings must be submitted within 90 calendar days of the date on which their regional grid operator submitted its compliance filing with Order No. 2023. Agenda item E-1 may be an order addressing the remaining substantive arguments relating to the final rule as raised in the rehearing requests.
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. Additionally, for information relating to the generator interconnection queue process reforms implemented by PJM Interconnection, L.L.C. (PJM), please refer to our client alert entitled "FERC Approves PJM Generator Interconnection Queue Reforms."
E-2 – Duke Energy Carolinas, LLC and Duke Energy Florida, LLC (Docket No. ER24-679-000), Duke Energy Carolinas, LLC, Duke Energy Florida, LLC, and Duke Energy Progress, LLC (Docket No. ER24-683-000). On December 15, 2023, Duke Energy, Carolinas, LLC, Duke Energy Florida, LLC, and Duke Energy Progress, LLC (collectively, the Duke Southeast Utilities) submitted compliance filings pursuant to Order No. 2023. In the filings, the Duke Southeast Utilities proposed revisions to the SGIP and SGIA under their Joint Open Access Transmission Tariff (Joint OATT). The Duke Southeast Utilities state that they are not seeking any deviations from the Commission's pro forma SGIP and SGIA as promulgated in Order No. 2023. Agenda item E-2 may be an order on the compliance filing by the Duke Southeast Utilities in accordance with Order No. 2023 directives.
E-3 – Arizona Public Service Company (Docket No. ER24-330-000). On November 3, 2023, Arizona Public Service Company (APS) submitted a compliance filing pursuant to Order No. 2023. In the filing, APS proposed revisions to its LGIP, LGIA, SGIP, and SGIA under its OATT. Multiple parties filed comments and protests of the compliance filing, asserting that APS failed to comply with certain directives of Order No. 2023, such as the provisions regarding commercial operation deadlines and developer security deposits, among other issues. On December 1, 2023, APS filed an answer to the respective protests, stating that its proposed revisions to the OATT implemented the aspects of Order No. 2023 that were not modified for APS in a prior interconnection reform filing whereby APS pursued voluntary revisions to the generator interconnection process. Agenda item E-3 may be an order on the compliance filing by APS in accordance with Order No. 2023 directives.
E-4 – Idaho Power Company (Docket Nos. ER24-10-000, ER24-1399-000). On October 2, 2023, Idaho Power Company (Idaho Power) submitted a compliance filing pursuant to Order No. 2023. On February 29, 2024, Idaho Power submitted a supplemental filing and request for waiver, seeking a one-time waiver of certain sections of the LGIP to its OATT in order to allow for implementation its cluster study process prior to Commission action on the pending Order No. 2023 compliance filing. Agenda item E-4 may be an order on the compliance filing by Idaho Power in accordance with Order No. 2023 directives.
E-5 – Joint Federal-State Task Force on Electric Transmission (Docket No. AD21-15-000), Federal and State Current Issues Collaborative (Docket No. AD24-7-000). On June 17, 2021, the Commission issued an order establishing a joint federal-state task force and soliciting nominations. Under section 209(b) of the FPA, the Commission is authorized to confer with state public utility commissions regarding the rate structures, costs, accounts, charges, practices, classifications, and regulations of public utilities subject to the jurisdiction of state bodies and of the Commission. Pursuant to the relationship codified in the FPA, the Commission sought to convene a new joint task force in order to identify collaborative mechanisms for new transmission development and associated infrastructure, particularly in the matters of reliability, customer protection, and environmental issues. The joint task force will be comprised of all sitting Commissioners as well as ten state commissioners. On August 30, 2021, the Commission issued an order listing the members selected to the joint task force, announcing the date of the first meeting, and inviting agenda topic suggestions. In the ensuing years, meetings have been conducted in regular order with the full complement of task force members. Agenda item E-5 may be related to the ongoing meetings of the Joint Federal-State Task Force on Electric Transmission in the form of issuance of proposed rulemaking or related to the new docket related to Federal and State Current Issues Collaborative.
E-6 – Compensation for Reactive Power Within the Standard Power Factor Range (Docket No. RM22-2-000). On November 18, 2021, the Commission issued a Notice of Inquiry (NOI) relating to reactive power capability compensation and market design. In the NOI, the Commission stated that, due to significant changes in the electric markets accompanied by an evolving generation mix since the issuance of Opinion No. 440 in 1999, it is necessary to evaluate and review potential reforms on various issues that have arisen in the ensuing decades. Opinion No. 440 was released when most reactive power filings were made by synchronous resources that were owned by public utilities subject to the Uniform System of Accounts and who annually submitted a FERC Form No. 1. However, most entities now seeking to establish a rate for reactive power capability compensation are submitted by owners of non-synchronous (i.e., renewable) resources that produce reactive power using different types of equipment not typically used by synchronous resources. On December 23, 2021, the Commission issued a notice of extension of time, extending the comment period to February 22, 2022. A substantial number of parties and industry stakeholders filed comments and, subsequently, reply comments. The nature of the comments varied, but a common refrain emerged regarding the regional differences in how compensation for reactive power is determined, such as by including the use of resource-specific revenue requirements as originally prescribed in the Opinion No. 440 methodology. Agenda item E-6 may be an order relating to the reactive power NOI.
E-7 – Project-Area Wage Standards in the Labor Cost Component of Cost-of-Service Rates (Docket No. PL24-1-000). On October 19, 2023, the Commission issued a notice of proposed policy statement regarding the use of project-area wage standards in calculating the labor cost component of jurisdictional cost-of-service rates, including under Sections 4 and 5 of the Natural Gas Act (NGA), Sections 4, 5, and 7 of the Interstate Commerce Act (ICA), and Sections 205 and 206 of the Federal Power Act (FPA). Previously, the Commission addressed and clarified the treatment of project-area wage rates in the natural gas pipeline sector in Opinion Nos. 510 and 524, namely by finding that an operator had not sufficiently demonstrated to present evidence for its proposal to use union-only wage rates it its labor cost estimates. Under this policy proposal, the Commission seeks to clarify that jurisdictional entities may include wages that are consistent with project-area wage standards in their cost-of-service rates where the record supports the outcome. A number of parties filed comments, with some union groups stating that the Commission is justified in considering an update to the sources it will use in evaluating project-area wage standards and to avoid the historical practice of blended wage rates, which may not accurately capture the collective bargaining agreements of a particular location. Agenda item E-7 may be an order or policy statement relating to the use of project-area wage standards.
E-8 – Louisville Gas and Electric Company and Kentucky Utilities Company, Kentucky Utilities Company, Louisville Gas and Electric Company and Kentucky Utilities Company (Docket Nos. ER23-2656-001; ER23-2662-001; ER21-894-003; ER21-895-002; ER21-896-002; ER21-897-001; ER21-900-001; ER21-904-001 (Consolidated)). On December 15, 2023, Louisville Gas and Electric Company (LG&E) and Kentucky Utilities (KU, and together with LG&E, LG&E/KU) sought rehearing of the Order on Compliance Filing and Transition Mechanism Agreements issued on November 16, 2023 (Compliance Filing Order) in the captioned proceedings. LG&E/KU argued that the Compliance Filing Order contained certain discrete new findings and rationales regarding the Commission's erroneous insistence on perpetuating a condition of a 1998 merger far beyond that condition's usefulness or necessity. Consequently, LG&E/KU stated they were seeking rehearing of the Compliance Filing Order out of an abundance of caution to prevent any objections being deemed waived by the Commission. On January 2, 2024, the Kentucky Municipals (Kentucky Municipal Energy Agency and each of its members: the Frankfort Electric and Water Plant Board, the Cities of Barbourville, Bardwell, Benham, Berea, Corbin, Falmouth, Madisonville, Paris, and Providence Kentucky, and Owensboro Municipal Utilities; along with the Kentucky Municipal Power Agency and its two members: the Electric Plant Board of the City of Paducah, Kentucky d/b/a Paducah Power System and the Electric Plant Board of the City of Princeton, Kentucky) filed a Motion for Leave to Answer and Answer to the LG&E/KU's December 15th rehearing request. The Kentucky Municipals argued the rehearing request is based on flawed premises that depancaking was established exclusively to address the 1998 merger, rather than recognizing depancaking as a settlement agreement offered as part of LG&E/KU's withdrawal from Midcontinent Independent System Operator, Inc. The Kentucky Municipals also argued that the Commission has correctly rejected the Transition Mechanism Agreements. On January 10, 2024, LG&E/KU filed a Motion for Leave to Answer and Answer to the Kentucky Municipal's January 2nd filing. LG&E/KU argues that the only purpose of the Commission's Federal Power Act section 203 review in these proceedings is to determine whether the 1998 LG&E/KU merger, the only section 203-jurisditional transaction in this case, remains in the public interest following removal of Merger Mitigation Depancaking—not whether there is a general Commission policy "disfavor[ing] pancaking" that would bar removal of Merger Mitigation Depancaking or whether the Kentucky Municipals would "enjoy the same service and pricing" as if LG&E/KU had never left MISO. Finally LG&E/KU argues that the Commission cannot reject the Transition Mechanism Agreements under FPA section 205(e) at this stage when the Commission has accepted the Transition Mechanism Agreements subject to hearing procedures, but those hearing procedures have not been completed. Agenda item E-8 may be an order on LG&E/KU's request for rehearing on the Compliance Filing Order.
E-9 – Louisville Gas and Electric Company (Docket No. ER23-2656-002). On January 16, 2024, LG&E/KU filed a Compliance Filing and Protest to the Order on Compliance Filing and Transition Mechanism Agreements issued on November 16, 2023 (Compliance Filing Order) by the Commission in Docket Nos. ER23-2656-000, et al., when submitting a revised version of LG&E and KU Joint Rate Schedule FERC No. 525 (Rate Schedule 525). In the Compliance Filing Order, LG&E/KU stated that they continue to protest Rate Schedule 525 and the changes to Rate Schedule 525 ordered by the Commission, pursuant to Rule 211 of the Commission's Rules of Practice and Procedure, for the reasons stated in LG&E/KU's August 18, 2023 compliance filing and protest of Rate Schedule 525 filed in Docket Nos. ER23-2656-000, et al. and their request for rehearing of the Compliance Filing Order filed on December 15, 2023 in Docket No. ER23-2656-001, et al. (see Item E-8). Agenda item E-9 may be an order on the Compliance Filing and Protest of LG&E/KU filed on January 16, 2024.
E-10 – Wabash Valley Power Association, Inc. (Docket Nos. ER24-36-001; ER24-38-001; ER24-39-001). On January 3, 2024, Wabash Valley Power Association, Inc. (Wabash Valley) filed a request for rehearing of the Commission's December 5, 2023 Order issued in the captioned dockets (the December 5 Order). The December 5 Order rejected, without prejudice, Wabash Valley's filing under Section 205(d) of the FPA of new long-term all-requirements wholesale power contracts with twenty of its member-owner electric distribution cooperatives, together with notices of cancellation of these members' existing wholesale power contracts, and Wabash Valley's companion filings of two written policies adopted by Wabash Valley's Board of Directors. On January 4, 2023, the Wabash Valley Member Group, which consists of 18 of the 23 non-profit cooperative members/owners of Wabash Valley submitted Comments in Support of the Rehearing Request. Agenda item E-10 may be an order on Wabash Valley's Rehearing Request filed on January 2, 2024.
E-11 – Viridon New England LLC (Docket No. ER24-771-000). On December 26, 2023, Viridon New England LLC (VNE) submitted an application (December 26 Filing) requesting that the Commission authorize three incentive rate treatments pursuant to FPA section 205: the recovery of all prudently incurred pre-commercial, start-up and formation costs, and establishment of a regulatory asset that will include all expenses that are incurred prior to the rate year in which VNE's costs are first flowed through to customers under the ISO New England Inc. (ISO-NE) Open Access Transmission Tariff (OATT); the use of a hypothetical capital structure of 40% debt and 60% equity until the first transmission project awarded to VNE achieves commercial operation; and the inclusion of a 50 basis-point ROE adder to the base ROE in recognition that VNE has committed to turn over functional control of all transmission assets it develops and owns to ISO-NE. In addition, VNE has requested authorization for any VNE subsidiaries created to own or develop specific transmission assets in the ISO-NE region to use the same requested incentives that are approved for VNE in this proceeding. VNE stated that the requests in its December 26 Filing will further VNE's efforts to become an active participant in the competitive market created to implement FERC Order No. 1000 in New England. On February 15, 2024, VNE submitted a Supplement to its December 26 Filing, to explain that VNE would use the common formula transmission rate already embedded in the ISO-NE OATT for use by participating transmission owners in ISO-NE and would not have a VNE-specific formula rate. Agenda item E-11 may be an order on VNE's December 26 Filing requesting incentive rate treatments.
E-12 – System Energy Resources, Inc. Arkansas Public Service Commission and Mississippi Public Service Commission v. System Energy Resources, Inc. Louisiana Public Service Commission v. System Energy Resources, Inc. and Entergy Services, Inc. Louisiana Public Service Commission v. System Energy Resources, Inc. and Entergy Services, Inc. Louisiana Public Service Commission, Arkansas Public Service Commission, Council of the City of New Orleans, Louisiana, and Mississippi Public Service Commission v. System Energy Resources, Inc. and Entergy Services, LLC System Energy Resources, Inc. Louisiana Public Service Commission, Arkansas Public Service Commission, and Council of the City of New Orleans, Louisiana v. System Energy Resources, Inc., Entergy Services, LLC, and Entergy Operations, Inc. System Energy Resources, Inc. Louisiana Public Service Commission, Arkansas Public Service Commission, and Council of the City of New Orleans, Louisiana v. System Energy Resources, Inc., Entergy Services, LLC, and Entergy Operations, Inc. (Docket Nos. ER18-1182-007, ER18-1182-000, EL17-41-000, EL18-142-000, EL18-204-000 (consolidated); EL18-152-000, EL20-72-000, ER21-117-000, ER21-129-000, EL21-24-000, ER21-748-000, EL21-46-000 (consolidated); EL21-56-000, ER22-958-000, ER23-435-000, ER23-816-000, ER23-1022-000, ER23-1164-000, EL24-5-000). The above-referenced proceedings relate to the ongoing dispute between Entergy and the Louisiana Public Service Commission (LPSC) regarding the Grand Gulf nuclear unit. Most recently, in Docket No. EL24-5, the LPSC filed a complaint pursuant to Section 206 of the FPA against System Energy Resources, Inc. (System Energy or SERI) regarding alleged unjust and unreasonable overcharges to its four affiliated operating company customers, Entergy Arkansas, LLC., Entergy Louisiana LLC., Entergy New Orleans, LLC, and Entergy Mississippi, LLC and their customers, pursuant to a Unit Power Sale Agreement. Agenda item E-12 may be order relating to the ongoing dispute between Energy and the LPSC.
E-13 – Algonquin Power Windsor Locks, LLC (Docket Nos. EL23-100-000 & QF86-765-006). On September 20, 2023, Algonquin Power Windsor Locks LLC (Windsor Locks) filed a this Petition to the Commission for a Declaratory Order pursuant to Rule 207 requesting a limited waiver of the filing requirements applicable to Windsor Lock's qualifying cogeneration facility. Agenda item E-13 may be an order on the petition for declaratory order.
E-14 – Omitted
E-15 – Karen Schedler, Jeremy Helms, Solar United Neighbors, and Vote Solar v. Salt River Project Agricultural Improvement and Power District (Docket No. EL24-54-000). On January 1, 2024, as amended on January 22, 2024, Karen Schedler, Jeremy Helms, Solar United Neighbors, and Vote Solar (collectively, the Petitioners), filed a complaint pursuant to Section 210(h)(2)(B) of the Public Utility Regulatory Policies Act of 1978 (PURPA) to initiate an enforcement action to compel the Salt River Project (SRP) to implement the Commission's PURPA regulations. The Petitioners seek the Commission commence an PURPA enforcement action to compel SRP to offer non-discriminatory rates for the sale of electricity to, and purchase from, residential customers with rooftop solar. Agenda item E-15 may be an order on the PURPA complaint.
Gas
G-1 – Standards for Business Practices of Interstate Natural Gas Pipelines (Docket No. RM96-1-043). On October 2, 2023, the North American Energy Standards Board (NAESB) voluntarily submitted a report to the Commission regarding Version 4.0 of the NAESB Wholesale Gas Quadrant (WGQ) Business Practice Standards published on September 29, 2023 (Version 4.0). According to NAESB, the standards referenced in the Report include newly created standards and modifications to existing standards developed through the NAESB process in response to industry requests and directives from the NAESB Board of Directors, to enhance the cybersecurity-related standards included in the NAESB WGQ Business Practice Standards, including standards that support the use of multi-factor authentication and new guidance encouraging the practice of whitelisting. Consistent with prior practice in this docket, agenda item G-1 may be a notice of proposed rulemaking, whereby the Commission may propose to amend its regulations to incorporate by reference some or all of Version 4.0.
G-2 – Petition for Rulemaking to Update Commission Regulations Regarding Allocation of Interstate Pipeline Capacity (Docket No. RM22-17-000). On June 2, 2022, the American Gas Association, the American Public Gas Association, the Process Gas Consumers Group, and the Natural Gas Supply Association (collectively, the Petitioners) submitted a petition for rulemaking (Rulemaking Petition) with the Commission. Specifically, Petitioners request that the Commission conduct a rulemaking to adopt regulations precluding interstate natural gas pipelines from the practice of aggregating bids on non-contiguous segments of capacity in determining the highest value bid for the purpose of allocating capacity. Petitioners contend that tying the allocation of highly-desirable capacity to non-contiguous and less-desirable capacity is unjust, unreasonable, and unduly discriminatory under the Natural Gas Act and the Commission's implementing regulations thereunder. On July 18, 2022, a number of interstate natural gas pipeline companies submitted comments opposing the Petition, while a number of shippers on interstate natural gas pipelines submitted comments supporting the Petition. On September 6, 2022, the Petitioners submitted reply comments in response to a number of the opposing and supporting comments submitted on July 18, 2022 regarding the Petition. Agenda item G-2 may be an order on the Petition.
Hydro
H-1 – Eagle Creek Hydro Power, LLC, Eagle Creek Water Resources, LLC, and Eagle Creek Land Resources, LLC (Docket Nos. P-9690-115 P-10481-069 P-10482-122). On March 23, 2023, Eagle Creek Hydro Power, LLC, et al. filed a revised offer of settlement clarifying terms and provisions to allow for continued operation of the Monquap River Projects with long-term environmental and recreational protection, mitigation, and enhancement measures. On April 14, 2023, the U.S. Department of the Interior submitted comments supporting the settlement; reasoning that the settlement conditions increase reporting by Eagle Creek, as requested by the City, and should improve the accuracy of these efforts when compared to the current license conditions. On May 3, 2023, the City of New York filed comments in opposition to the settlement — reasoning that the settlement is an improper attempt to regulate the releases from the City's Delaware River Basin water supply reservoirs. On November 28, 2023, and November 30, 2023, the New York State Department of environmental Conservation filed permit authorizations for Water Quality Certifications. Agenda item H-1 may be an order on Eagle Creek Hydro Power's Offer of Settlement.
H-2 – Andrew Peklo III (Docket No. P-12790-015). On October 15, 2019, Andrew Peklo III filed an application for a Non-Capacity/Non-Material Amendment to Andrew Peklo III's Pomperaug Hydro Project license to reflect turbine/generator change. On November 20, 2019, the Office of Energy Projects filed a response to Andrew Peklo's application requesting correction of the deficiencies and the submission of supplemental information. Throughout 2020, Andrew Peklo provided several submissions of supplemental information. On March 15, 2021, Andrew Peklo filed a request for expedited action under P. 12790, et al. and consents to the modification made to License Article 401. On September 6, 2023, the Office of Energy Projects filed two letters they drafted. One letter was sent to the Delaware Tribe of Indians inviting their participation in an ongoing proceeding for the Pomperaug Hydroelectric Project under-12790. The second letter went to the Connecticut State Historic Preservation Officer ("CT SHPO") requesting concurrence on Andrew Peklo's application to amend the project license. On September 6, 2023, the CT SHPO filed a comment concurring that the proposed turbine amendment will have no adverse effect to historic properties. On December 14, 2023 the Office of Energy Projects filed their Environmental Assessment for Amendment of License Application. On March 13, 2024, the Office of Energy Projects filed a memo summarizing all communications with the Delaware Tribe of Indians et al.. Agenda item H-2 may be an order on Andrew Peklo's amendment of license application.
H-3 – Sandy Hollow Power Company, Inc. (Docket Nos. P-5728-022, P-5728-023). On January 26, 2024, Sandy Hollow Power Company Inc. filed a request for a stay after the Sandy Hollow Hydroelectric Project No. 5728 license was previously rejected under former management, Dick Ely. Current owner, Kelly Sackheim, requested for Commission consideration and further direction within the 30-day period prescribed for requesting rehearing pursuant to 18 C.F.R. § 385.713. Further, the January 26, 2024 filing requested a final opportunity to provide within 90 days (in lieu of a schedule for filing an application to surrender the project license) a revised license application that conforms to the requirements of the Commission's regulations. Agenda item H-3 may be an order on Sandy Hollow Power Company Inc.'s request for a stay.
Certificates
C-1 – Transcontinental Gas Pipe Line Company, LLC (Docket No. CP23-194-000). On April 19, 2023, Transcontinental Gas Pipe Line Company, LLC (Transco) filed an application (Application) with the Commission pursuant to Sections 7(b) and 7(c) of the Natural Gas Act, as amended, and Part 157 of the Commission's regulations, seeking authorization to construct and operate various modifications at five existing compressor stations in Marengo and Randolph Counties, Alabama, and Coweta, Henry, and Walton Counties, Georgia (collectively, the Alabama Georgia Connector Project). According to Transco, the Alabama Georgia Connector Project would allow it to provide customers with firm access to 63,800 dekatherms per day of incremental natural gas supply, increase overall system reliability, and add natural gas infrastructure to meet growing demand in Georgia. A number of landowners and environmental interest groups subsequently filed comments opposing the Alabama Georgia Connector Project and Transco's Application therefor. On November 27, 2023, Commission staff issued an environmental assessment for the Alabama Georgia Connector Project, concluding that approval of the Alabama Georgia Connector Project, with appropriate mitigating measures, 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.
C-2 – East Tennessee Natural Gas, LLC (Docket No. CP23-131-000). On March 31, 2023, East Tennessee Natural Gas, LLC (East Tennessee) filed an application (Application) with the Commission pursuant to Sections 7(b) and 7(c) of the Natural Gas Act, as amended, and Part 157 of the Commission's regulations, seeking authorization to construct and operate the System Alignment Program Project. Specifically, East Tennessee proposes in its Application to construct two new compressor stations, various pipeline looping and replacement facilities, and other related piping modifications and auxiliary facility installations throughout a large portion of East Tennessee's system. On May 5, 2023, a number of East Tennessee shippers submitted protests of the Application, asking the Commission to reject the Application or, alternatively, to reject East Tennessee's request for a pre-determination of rolled-in rate treatment and set the Application for an evidentiary hearing. Furthermore, a number of landowners and environmental interest groups also filed protests or comments otherwise opposing the System Alignment Program Project and East Tennessee's Application therefor. On May 30, 2023, East Tennessee filed an answer to the protests filed by its shippers. On August 8, 2023, the East Tennessee Group (comprised of various East Tennessee shippers) filed comments asserting that the Application fails to refer to the interplay between the System Alignment Program Project and East Tennessee's Ridgeline Expansion Project. On August 16, 2023, East Tennessee filed an answer refuting this contention. On November 17, 2023, Commission staff issued an environmental assessment for the System Alignment Program Project, concluding that approval of the System Alignment Program Project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment. A number of landowners and the U.S. Environmental Protection Agency (EPA) filed comments on the environmental assessment. Specifically, the landowners generally opposed the System Alignment Program Project, while the EPA requested that FERC address a new rule that the EPA finalized after the Commission issued the environmental assessment for the System Alignment Program Project. Specifically, this new rule created new emission reduction requirements for oil and natural operations, including changes to new source performance standards. On January 25, 2024, East Tennessee submitted comments in response to the EPA's comments on the environmental assessment, asserting that it will work to minimize fugitive equipment leaks and will meet or exceed all applicable EPA requirements, including those set forth in the EPA's new rule. Agenda item C-2 may be an order on the Application.
Kiara Williams (White & Case, Law Clerk, Washington, DC) contributed to the development of this publication.
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