Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s May 21, 2020 meeting, pursuant to the agenda as issued on May 14, 2020. Due to COVID-19 and measures undertaken by government agencies to address the pandemic, all orders listed on the Sunshine Act Notice will be processed by notational voting. Agenda items E-18 and E-24 have not been summarized due to omission from the agenda.
In this issue…
• Electric Items
• Miscellaneous Items
• Hydro Items
• Certificate Items
Electric
E-1 – Coalition of MISO Transmission Customers, Illinois Industrial Energy Consumers, Indiana Industrial Energy Consumers, Inc., Minnesota Large Industrial Group, and Wisconsin Industrial Energy Group v. Midcontinent Independent System Operator, Inc., ALLETE, Inc., Ameren Illinois Company, Ameren Missouri, Ameren Transmission Company of Illinois, American Transmission Company LLC, Cleco Power LLC, Duke Energy Business Services, LLC, Entergy Arkansas, Inc., Entergy Gulf States Louisiana, LLC, Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy New Orleans, Inc., Entergy Texas, Inc., Indianapolis Power & Light Company, International Transmission Company, ITC Midwest LLC, Michigan Electric Transmission Company, LLC, MidAmerican Energy Company, Montana-Dakota Utilities Co., Northern Indiana Public Service Company, Northern States Power Company-Minnesota, Northern States Power Company-Wisconsin, Otter Tail Power Company, and Southern Indiana Gas & Electric Company; Arkansas Electric Cooperative Corporation, Mississippi Delta Energy Agency, Clarksdale Public Utilities Commission, Public Service Commission of Yazoo City, and Hoosier Energy Rural Electric Cooperative, Inc. v. ALLETE, Inc., Ameren Illinois Company, Ameren Missouri, Ameren Transmission Company of Illinois, American Transmission Company LLC, Cleco Power LLC, Duke Energy Business Services, LLC, Entergy Arkansas, Inc., Entergy Gulf States Louisiana, LLC, Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy New Orleans, Inc., Entergy Texas, Inc., Indianapolis Power & Light Company, International Transmission Company, ITC Midwest LLC, Michigan Electric Transmission Company, LLC, MidAmerican Energy Company, Montana-Dakota Utilities Co., Northern Indiana Public Service Company, Northern States Power Company-Minnesota, Northern States Power Company-Wisconsin, Otter Tail Power Company, and Southern Indiana Gas & Electric Company (Docket Nos. EL14-12-004, EL15-45-013). This agenda item concerns two complaint proceedings regarding Midcontinent Independent System Operator, Inc.’s (MISO) transmission-owning members’ (MISO TOs) base return on equity (ROE) reflected in the MISO Open Access Transmission, Energy and Operating Reserve Markets Tariff (MISO Tariff). On November 15, 2018, the Commission issued an Order Directing Briefs (Briefing Order) directing participants to submit briefs regarding (1) a proposed framework for determining whether an existing base ROE is unjust and unreasonable under the first prong of Federal Power Act (FPA) section 206; and (2) a revised methodology for determining just and reasonable base ROEs under the second prong of FPA section 206. On November 21, 2019, the Commission issued Opinion No. 569 adopting the proposal in the Briefing Order but did not adopt the use of the expected earnings (Expected Earnings) and risk premium (Risk Premium) models in the ROE analyses under the first and second prongs of section 206, and instead will use only the discounted cash flow (DCF) model and capital-asset pricing model (CAPM) in the ROE analyses under both prongs of section 206. The Commission further granted rehearing of Opinion No. 551 in part to require the MISO TOs to adopt a 9.88% ROE effective September 28, 2016, and provide refunds with interest for the applicable refund period for the first complaint. With respect to the second complaint, the Commission affirmed in part and reverse in part the Initial Decision, dismissing the second complaint, and finding no refunds need to be issued as a result of that complaint. On or around December 20, 2019, a number of parties filed requests for rehearing of Opinion No. 569. Agenda item E-1 may be an order regarding the requests for rehearing of Opinion No. 569.
E-2 – Inquiry Regarding the Commission’s Policy for Determining the Return on Equity for Natural Gas and Oil Pipelines (Docket No. PL19-4-000). On March 21, 2019, the Commission issued a Notice of Inquiry (NOI) to examine whether, and if so how, to revise its policies for determining the ROE used in setting rates charged by jurisdictional public utilities, as well as seeking comment on whether to change ROE policies for interstate natural gas and oil pipelines. Agenda item E-2 may be an order on the NOI.
E-3 – PJM Interconnection, L.L.C (Docket Nos. EL19-58-000, ER19-1486-000). On March 29, 2019, pursuant to sections 205 and 206 of the FPA, PJM Interconnection, L.L.C. (PJM) submitted proposed revisions to its Amended and Restated Operating Agreement and the PJM Open Access Transmission Tariff to effectuate enhanced price formation in PJM’s reserve markets. Agenda item E-3 may be an order on PJM’s proposed revisions.
E-4 – Southwest Power Pool, Inc. (Docket Nos. EL16-91-001, EL18-19-001, ER18-939-000). On July 21, 2016, under Docket No. EL16-91, pursuant to section 206 of the FPA, the Commission issued an order instituting a proceeding to examine whether the Southwest Power Pool, Inc. (SPP) Open Access Transmission Tariff (SPP Tariff) may be unjust, unreasonable, and unduly discriminatory or preferential because it does not include a refund commitment by nonpublic utility transmission owning members whose revenue requirements are recovered under the SPP Tariff and established paper hearing procedures. By order issued October 19, 2017, the Commission held the FPA section 206 paper hearing in abeyance pending the ongoing SPP stakeholder process and instituted a proceeding in Docket No. EL18-19 pursuant to section 206 of the FPA to examine the SPP Membership Agreement and other jurisdictional documents accordingly. On February 28, 2018, SPP filed proposed amendments to its Membership Agreement to address the issues raised by the Commission in its July 21, 2016 and October 19, 2017 orders. In addition, several parties moved for rehearing and/or clarification of the Commission’s orders. Agenda item E-4 may be an order related to the requests for rehearing of the Commission’s July 21, 2016 and October 19, 2017 orders and/or SPP’s proposed amendments to its Membership Agreement.
E-5 – Midcontinent Independent System Operator, Inc. (Docket Nos. EL16-99-001, EL18-18-001, ER18-937-000, ER18-937-001). On July 21, 2016, under Docket No. EL16-99, pursuant to section 206 of the FPA, the Commission issued an order instituting a proceeding to examine whether the MISO Tariff may be unjust, unreasonable, and unduly discriminatory or preferential because it does not include a refund commitment by nonpublic utility transmission owning members whose revenue requirements are recovered under the MISO Tariff and established paper hearing procedures. By order issued October 19, 2017, the Commission held the FPA section 206 paper hearing in abeyance pending the ongoing MISO stakeholder process and instituted a proceeding in Docket No. EL18-19 pursuant to section 206 of the FPA to examine the MISO Transmission Owners Agreement and other jurisdictional documents accordingly. On February 28, 2018, MISO filed proposed amendments to the MISO Transmission Owners Agreement to address the issues raised by the Commission in its July 21, 2016 and October 19, 2017 orders. In addition, several parties moved for rehearing and/or clarification of the Commission’s orders. Agenda item E-5 may be an order related to the requests for rehearing of the Commission’s July 21, 2016 and October 19, 2017 orders and/or MISO’s proposed amendments to its Membership Agreement.
E-6 – Midcontinent Independent System Operator, Inc. and Union Electric Company (Docket ER20-1080-000). On February 26, 2020, pursuant to section 205 of the FPA, MISO as agent for and on behalf of Union Electric Company d/b/a Ameren Missouri (Ameren Missouri) submitted revisions to certain component of its formula transmission rate included in Attachment O-AMO of the MISO Tariff. Specifically, Ameren Missouri proposed revising its formula rate template to address recovery of certain materials and supplies inventory costs. Agenda item E-6 may be an order regarding Ameren Missouri’s proposed revisions.
E-7 – Midcontinent Independent System Operator, Inc. and Ameren Transmission Company of Illinois (Docket No. ER20-1079-000). On February 26, 2020, pursuant to section 205 of the FPA, MISO as agent for and on behalf of Ameren Transmission Company of Illinois (ATXI) submitted revisions to certain component of its formula transmission rate included in Attachment O-ATXI of the MISO Tariff. Specifically, ATXI proposed revising its formula rate template to address recovery of certain materials and supplies inventory costs. Agenda item E-7 may be an order regarding ATXI’s proposed revisions.
E-8 – Tri-State Generation and Transmission Association, Inc. (Docket No. ER20-1045-001). On April 8, 2020, Tri-State Generation and Transmission Association (Tri-State) submitted a filing pursuant to section 205 of the FPA to amend tariff record proposed effective date for the conforming, unexecuted large generator interconnection agreement entered into between Tri-State and Leeward Renewable Energy Development. Agenda item E-8 may be an order on Tri-State’s request.
E-9 – Tri-State Generation and Transmission Association, Inc. (Docket No. ER20-687-000). On December 27, 2019, Tri-State submitted proposed revisions to its Open Access Transmission Tariff in compliance with the requirements of Order Nos. 845 and 845-A. Agenda item E-9 may be an order on Golden Spread’s Order No. 845 compliance filing.
E-10 – DATC Path 15, LLC (Docket Nos. ER20-1006-000, EL20-43-000). On February 14, 2020, pursuant to section 205 of the FPA, DATC Path 15, LLC (DATC Path 15) submitted for filing a revised Appendix I to its Transmission Owner Tariff reflecting a proposed rate reduction to its transmission revenue requirement. In addition, DATC Path 15 requested continuation of its all-in incentive 13.5% ROE. Agenda item E-10 may be an order regarding DATC Path 15’s proposed transmission revenue requirement.
E-11 – Public Service Company of New Mexico (Docket Nos. ER19-1955-002, ER19-1955-003). On May 22, 2019, as amended on July 12, 2019, Public Service Company of New Mexico (PNM) submitted proposed revisions to its Open Access Transmission Tariff in compliance with the requirements of Order Nos. 845 and 845-A. On December 19, 2019, the Commission issued an order finding PNM’s compliance filing partially complied with the requirements of Order Nos. 845 and 854-A, and directed PNM to submit a further compliance filing. On February 14, 2020, PNM submitted a further compliance filing in response to the Commission’s directive. Agenda item E-11 may be an order on PNM’s Order No. 845 compliance filing.
E-12 – Public Service Company of Colorado (Docket Nos. ER19-1864-002 and ER19-1864-003). On May 15, 2019, as amended on June 3, 2019, Public Service Company of Colorado (PSCo) submitted proposed revisions to its Open Access Transmission Tariff in compliance with the requirements of Order Nos. 845 and 845-A. On December 19, 2019, the Commission issued an order finding PSCo’s compliance filing partially complied with the requirements of Order Nos. 845 and 854-A, and directed PSCo to submit a further compliance filing. On February 18, 2020, PSCo submitted a further compliance filing in response to the Commission’s directive. Agenda item E-12 may be an order on PSCo’s Order No. 845 compliance filing.
E-13 – Duke Energy Carolinas, LLC, Duke Energy Florida, LLC, and Duke Energy Progress, LLC (Docket No. ER19-1507-005). On April 2, 2019, and amended on April 24, 2019, pursuant to Order Nos. 845 and 845-A and section 205 of the Federal Policy Act (FPA), Duke Energy Carolinas, LLC, Duke Energy Florida, LLC, and Duke Energy Progress, LLC (collectively, Duke Energy) submitted a compliance filing to revise its Generator Interconnection Procedures and Large Generator Interconnection Agreement. On June 13, 2019, the Commission issued a deficiency letter informing Duke Energy that its Order No. 845 Compliance Filing was deficient because it did not include in its tariff an expedited process for interconnection customers to use surplus interconnection service. On July 12, 2019, Duke Energy submitted a filing in response to the Commission’s deficiency letter. On December 19, 2019, the Commission issued an order partially approving the Duke Energy filings in accordance with Order No. 845 and directing Duke Energy to submit a further compliance filing within 60 days to address identification and definition of contingent facilities. On February 14, 2020, Duke Energy submitted a compliance filing pursuant to the December 19 order. Agenda item E-13 may be an order regarding Duke Energy’s Order No. 845 compliance filings.
E-14 – Avista Corporation (Docket Nos. ER19-1959-001, EL20-39-000). On May 22, 2019, pursuant to Order Nos. 845 and 845-A and section 205 of the Federal Policy Act (FPA), Avista Corporation (Avista) submitted a compliance filing to revise its Generator Interconnection Procedures and Large Generator Interconnection Agreement. On December 19, 2019, the Commission issued an order partially approving the Avista compliance filing and directing Avista to submit a further compliance filing within 60 days to revise interconnection study deadlines and the identification and definition of contingent facilities. On February 7, 2020, Avista submitted a compliance filing pursuant to the December 19 order. Agenda item E-14 may be an order regarding Avista’s Order No. 845 compliance filings.
E-15 – Tilton Energy LLC v. PJM Interconnection, L.L.C. (Docket No. EL18-145-000). On May 11, 2018, Tilton Energy LLC (Tilton) filed a Complaint against PJM Interconnection, L.L.C. (PJM) pursuant to sections 206, 306, and 309 of the FPA. In the complaint, Tilton asserted that PJM has furnished notification that one of its natural gas-fired electric generation facilities within the Midcontinent Independent System Operator (MISO) balancing authority (BA), which has been pseudo-tied into the PJM BA, will no longer be eligible to be pseudo-tied following the 2021/2022 Delivery Year. The facility has participated in the PJM BA as an external Generation Capacity Resource; however, PJM has determined that it will no longer pass the market-to-market flowgate test necessary to retain eligibility. Tilton requested in its complaint that PJM reverse its determination to terminate the pseudo-tie and to apply the flowgate test as promulgated in its Tariff. On May 31, 2018, PJM submitted an Answer to the complaint, stating that the Commission had accepted new rules to pseudo-tied external Generation Capacity Resources in order to make them more comparable to internal Generation Capacity Resources. Accordingly, under the new rules, PJM reaffirms that the Tilton pseudo-tie would no longer be eligible. Following an exchange of responses and answers by the filing parties, the Commission issued an order on September 20, 2018 establishing a paper hearing to examine the material issues brought forward in the complaint. The parties subsequently participated in the paper hearing by submitting responses and reply briefs. Agenda item E-15 may be an order on the paper hearing in order to resolve the issues raised in the Tilton complaint against PJM.
E-16 – Brookfield Energy Marketing LP v. PJM Interconnection, L.L.C. (Docket No. EL19-34-000). On January 18, 2019, Brookfield Energy Marketing LP (Brookfield) filed a Complaint against PJM pursuant to sections 206 and 306 of the FPA. In the complaint, Brookfield asserted that PJM has applied its new rules relating to external Generation Capacity Resources in an unjust, unreasonable, and unduly discriminatory manner by precluding its resources external to the PJM BA from participating in the PJM capacity market. Brookfield stated that two of its hydroelectric generation resources will not be eligible to pseudo-tie in the PJM BA following implementation of the new rules. On February 8, 2019, PJM submitted an Answer to the complaint, stating that the Commission had accepted new rules to pseudo-tied external Generation Capacity Resources in order to make them more comparable to internal Generation Capacity Resources. Accordingly, under the new rules, PJM reaffirms that the Brookfield pseudo-ties would no longer be eligible. Following an exchange of responses and answers by the filing parties, the Commission issued an order on August 26, 2019 establishing a paper hearing to examine the material issues brought forward in the complaint. The parties subsequently participated in the paper hearing by submitting responses and reply briefs. Agenda item E-16 may be an order on the paper hearing in order to resolve the issues raised in the Brookfield complaint against PJM.
E-17 – Cube Yadkin Generation, L.L.C. v. PJM Interconnection, L.L.C. (Docket No. EL19-51-000). On March 1, 2019, Cube Yadkin Generation, L.L.C. (Cube Yadkin) filed a Complaint against PJM pertaining to its new pseudo-tie requirements to certain hydroelectric generating resources located externally to the PJM BA. Namely, Cube Yadkin stated that one requirement furnished in the new rules—the Electrical Distance Requirement—fails to establish a bright-line test for determining eligibility of pseudo-ties. Consequently, Cube Yadkin asserted that the test operated under vague parameters and would lead to the discriminatory action of removing the hydroelectric generating resources from participating in the PJM capacity market as external Generation Capacity Resources. On March 21, 2019, PJM submitted an Answer to the complaint, stating that the Commission had accepted new rules to pseudo-tied external Generation Capacity Resources and found the revised Electrical Distance Requirement to be a valid methodology. Accordingly, under the new rules, PJM reaffirms that the Cube Yadkin pseudo-ties would no longer be eligible. Following an exchange of responses and answers by the filing parties, the Commission issued an order on August 26, 2019 establishing a paper hearing to examine the material issues brought forward in the complaint. Agenda item E-17 may be an order on the paper hearing in order to resolve the issues raised in the Cube Yadkin complaint against PJM.
E-18 – Omitted
E-19 – PJM Interconnection, L.L.C. (Docket Nos. ER19-1958-001, ER19-1958-002). In Order No. 845, the Commission adopted revisions to the Commission's pro forma Large Generator Interconnection Procedures (LGIP) and pro forma Large Generator Interconnection Agreement (LGIA) to, among other things, enable a new interconnection customer to utilize the unused portion of an existing interconnection customer's interconnection service within specific parameters. Order No. 845 required that a transmission provider's tariff must: (1) include a definition of surplus interconnection service; (2) provide an expedited interconnection process outside of the interconnection queue for surplus interconnection service; (3) allow affiliates of the original interconnection customers to use surplus interconnection service for another interconnecting generating facility; (4) allow for the transfer of surplus interconnection service that the original interconnection customer or one of its affiliates does not intend to use; and (5) specify what reliability-related studies and approvals are necessary to provide surplus interconnection service and ensure the reliable use of surplus interconnection service. On May 22, 2019, PJM submitted, pursuant to the directives in Commission Orders No. 845 and 845-A, a compliance filing containing revisions to its Open Access Transmission Tariff (Tariff). On December 19, 2019, the Commission issued an order accepting the compliance filing in part and rejecting in part, directing PJM to apply its proposed Tariff revisions to all interconnection customers that have not signed a generator interconnection service agreement as of April 1, 2020, regardless of when they entered the interconnection queue. On February 21, 2020, PJM submitted a compliance filing in accordance with the December 19 order, detailing additional proposed revisions to its Tariff. Agenda item E-19 may be an order on the PJM compliance filing.
E-20 – McKenzie Electric Cooperative, Inc. (Docket Nos. ER20-335-000, ER20-335-001, ER20-338-000). On November 7, 2019, McKenzie Electric Cooperative, Inc. (McKenzie) filed the Generating Facility Interconnection Agreement between itself and Basin Electric Power Cooperative (Basin) pursuant to section 205 of the FPA. McKenzie stated in the filing that it has been exempt from Commission jurisdiction prior to this agreement due to not qualifying as a public utility; however, McKenzie disclosed that it expects to become a public utility due to sales of electric energy in the current calendar year and therefore be subject to Commission jurisdiction. On January 31, 2020, McKenzie filed a request to hold the proceeding in abeyance, citing the simultaneous request for waiver of Commission Open Access Tariff Requirements. On February 20, 2020, Basin submitted a protest of the January 31 request for abeyance, alleging that McKenzie did not provide any substantive basis for holding the Interconnection Agreement in abeyance. Agenda item E-20 may be an order on the original filing or the request to hold the proceeding in abeyance as brought forward by McKenzie.
E-21 – Hopewell Power Generation, LLC (Docket No. ER19-1643-001). On February 26, 2020, Hopewell Power Generation, LLC (Hopewell) submitted a settlement filing containing an Offer of Settlement to resolve all issues set for deliberation by the Commission in the order issued on June 21, 2019 in this proceeding. The Offer of Settlement contains the reduced revenue requirement for the provision of Reactive Supply and Voltage Control from Generation Sources Service as defined in the PJM Tariff. On March 31, 2020, the settlement judge filed a certification of uncontested settlement. Agenda item E-21 may be an order on Hopewell’s Offer of Settlement.
E-22 – NTE Carolinas II, LLC and NTE Energy, LLC (Docket No. EL20-8-000). On November 12, 2019, NTE Carolinas II, LLC and NTE Energy, LLC (collectively, NTE) filed a Petition for Declaratory Order regarding the Commission’s jurisdiction over the termination of conforming Large Generator Interconnection Agreements (LGIAs). Namely, NTE requested that the Commission declare that the Commission possesses exclusive jurisdiction over the cancellation of filed rates, including the contested termination of an ongoing LGIA and that the transmission provider must file a notice of termination to be accepted by the Commission prior to an official termination of the LGIA. Agenda item E-22 may be an order on NTE’s petition.
E-23 – Public Citizen, Inc. v. PJM Interconnection, L.L.C. (Docket No. EL18-61-001). On February 20, 2018, pursuant to section 206 of the FPA, Public Citizen, Inc. (Public Citizen) filed a complaint against PJM alleging, inter alia, that PJM has not disclosed to its stakeholders or the Commission, millions of dollars in lobbying expenditures and campaign contributions, in violation of Commission precedent. Public Citizen argues in its complaint that if PJM is financing partisan political activities through its filed rate, then such funding is unjust and unreasonable. On October 17, 2019, the Commission issued an order denying the complaint by concluding that PJM’s financial contributions to political action committees is just and reasonable. On November 18, 2019, Public Citizen filed a request for rehearing of the October 17 order, alleging that the Commission erred in its judgment and did not arrange for a paper hearing to adequately evaluate the material issues in this proceeding. Agenda item E-23 may be an order on the request for rehearing as brought forward by Public Citizen.
E-24 – Omitted
E-25 – Old Dominion Electric Cooperative and Direct Energy Business, LLC on behalf of itself and its affiliate, Direct Energy Business Marketing, LLC, and American Municipal Power, Inc. v. PJM Interconnection, L.L.C. (Docket No. EL17-32-000); Advanced Energy Management Alliance v. PJM Interconnection, L.L.C. (Docket No. EL17-36-000). On January 5, 2017, Old Dominion Electric Cooperative and Direct Energy Business, LLC on behalf of itself and its affiliate, Direct Energy Business Marketing, LLC, American Municipal Power, Inc., and Advanced Energy Management Alliance (collectively, Complainants) filed a complaint against PJM in order to make changes to the PJM Tariff and Reliability Assurance Agreement among Load Serving Entities in the PJM Region (RAA). In 2015, PJM proposed to effectuate a transition from multiple capacity products to a single annual capacity product deemed Capacity Performance. The Commission accepted the modifications to the market rules and acknowledged that certain resources—such as intermittent and demand resources—would be less likely to meet the stringent new performance requirements of serving as a Capacity Performance Resource. As a result, PJM implemented a resource aggregation mechanism whereby a capacity seller can combine one or more of those resources into a Capacity Performance sell offer. Namely, Complainants seek to protect customers and ratepayers from potential increases in electricity costs if seasonal capacity resources are precluded from participating in the May 2017 Base Residual Auction (BRA) for the 2020/2021 Delivery Year. Complainants requested that the Commission direct PJM to develop a forward capacity market participation model that fully accommodates seasonal resources. Numerous parties and stakeholders submitted comments and protests during the intervening comment period, with a common refrain that the transition to a single product and the elimination of the Base Capacity Product in the BRA has been a known outcome for several years following a Commission determination rendered in 2015. On February 23, 2018, the Commission issued an order establishing a technical conference to evaluate the items at hand. On April 24, 2018, the Commission conducted the technical conference. Agenda item E-25 may be an order on the complaints.
Miscellaneous
M-1 – Waiver of Tariff Requirements (Docket No. PL20-7-000). Agenda item M-1 is a new docket and may initiate a Commission proceeding regarding waiver of certain Tariff requirements.
Hydro
H-1 – Pumped Hydro Storage LLC (Docket No. P-14992-000). On May 8, 2019, Pumped Hydro Storage LLC (PHS) filed an application for a preliminary permit for the proposed Navajo Nation Salt Trail Canyon (STC) Pumped Storage Project (the STC Project). The proposed STC Project is a 2,800 MW pump storage project located approximately 16 miles northwest of Cameron, Arizona at the Little Colorado River in Navajo County, Arizona. PHS states in its application that because the STC Project uses flowing water from the Little Colorado River, the STC Project is an open-loop pumped storage project. Agenda item H-1 may be an order on PHS’ application.
H-2 – Pumped Hydro Storage LLC (Docket No. P-14994-000). On May 10, 2019, as amended on August 1, 2019, PHS filed an application for a preliminary permit for the proposed Navajo Nation Little Colorado River Pumped Storage Project (the LCR Project). The proposed LCR Project is a 3,200 MW pump storage project located approximately 17 miles northwest of Cameron, Arizona at the Little Colorado River in Coconino County, Arizona. PHS States in its application that because the LCR Project uses flowing water from the Little Colorado River, the LCR Project is an open-loop pumped storage project. Agenda item H-2 may be an order on PHS’ application.
H-3 – Yuba County Water Agency (Docket No. P-2246-065). On August 22, 2019, Yuba County Water Agency d/b/a Yuba Water Agency (Yuba) submitted a petition requesting that the Commission determine that the California State Water Resources Control Board has waived its authority to issue a certification for the Yuba River Development Project No. 2246 under Section 401 of the Clean Water Act. Agenda item H-3 may be an order on Yuba’s petition.
H-4 – Sugar River Hydro II, LLC (Docket No. P-10934-034). On July 17, 2019, Sugar River Hydro II, LLC (Sugar River) submitted a request to modify the current 30-year license term for the Sugar River II Project, FERC Project No. 10934. Sugar River requested that the Commission extend the current expiration date for the license term from April 30, 2021 to February 28, 2031. On January 14, 2020, the Commission issued an order denying Sugar River’s extension request (January Order). On February 13, 2020, Sugar River requested rehearing of the January Order. Agenda item H-4 may be an order on Sugar River’s request for rehearing.
H-5 – Sacramento Municipal Utility District (Docket No. P-2101-165). On December 17, 2019, Sacramento Municipal Utility District (SMUD), licensee for the Upper American River Hydroelectric (UARH) Project No. 2101, requested an extension of time to file a plan required by U.S. Forest Service Section 4(e) Condition No. 50 (covering recreation streamflows) of the UARH project license. On January 6, 2020, Commission staff issued an order approving SMUD’s request (Extension Order). On February 5, 2020, the American River Recreation Association (ARRA), et al., moved to intervene in the proceeding and requested rehearing of the Extension Order. Agenda item H-5 may be an order on ARRA’s motion to intervene and request for rehearing.
Certificates
C-1 – Bluewater Gas Storage, LLC (Docket No. CP19-471-000). On May 23, 2019, pursuant to section 7(c) of the Natural Gas Act (NGA), Bluewater Gas Storage, LLC (Bluewater) filed an abbreviated application for a certificate of public convenience and necessity requesting authority to construct, own, and operate a new compressor station in Ray Township, Macomb County, Michigan adjacent to Bluewater’s existing 20-inch-diameter pipeline. On January 17, 2020, Commission staff issued an environmental assessment for Bluewater’s certificate application. Agenda item C-1 may be an order on Bluewater’s certificate application.
C-2 – Sabine Pipe Line LLC (Docket No. CP20-24-000); Bridgeline Holdings, L.P (Docket No. CP20-25-000). On December 11, 2019, pursuant to section 7(c) of the NGA, Sabine Pipe Line LLC (“Sabine”) and Bridgeline Holdings, L.P. (Bridgeline) submitted a joint abbreviated application for a certificate of public convenience and necessity and for a limited jurisdiction certificate, seeking approval for the proposed lease by Sabine of 300,000 Dekatherms per day of Bridgeline capacity pursuant to the terms of a lease agreement. Agenda item C-2 may be an order Sabine and Bridgeline’s joint abbreviated application.
C-3 – Natural Gas Pipeline Company of America LLC (Docket No. CP20-14-000). On November 15, 2019, Natural Gas Pipeline Company of America (Natural) submitted a request for prior notice authorization pursuant to blanket certificate, for authorization to construct, own, operate, modify, and maintain a new pipeline lateral and appurtenant facilities, including a pig launcher and assembly and associated piping and fittings, in Cook County, Illinois and Lake County, Indiana (the 134th Street Lateral Project). Natural states that the 134th Street Lateral Project also includes a new delivery interconnection between Natural and Northern Indiana Public Service Company (NIPSCO) that will allow Natural to provide continued natural gas service to NIPSCO.
C-4 – Portland Natural Gas Transmission System (Docket No. CP20-16-000). On November 18, 2019, pursuant to section 7(c) of the NGA, Portland Natural Gas Transmission System (PNGTS) filed an abbreviated application for a certificate of public convenience and necessity requesting authority to implement Phase II and Phase III of its Westbrook XPress Project. PNGTS states that Phases II and III of the Westbrook Xpress Project will include the expansion and modification the existing Westbrook Compressor Station, and the modification of the infrastructure at the existing Westbrook Metering and Regulating Station, both located in Cumberland County, Maine. On April 2, 2020, Commission staff issued an environmental assessment for the Westbrook Xpress Project. Agenda item C-4 may be an order on the PNGTS’ certificate application.
C-5 – Algonquin Gas Transmission, LLC and Maritimes & Northeast Pipeline, L.L.C. (Docket No. CP16-9-010). On November 27, 2019, Commission staff issued a letter order (Notice to Proceed with Construction) granting Algonquin Gas Transmission, LLC’s (Algonquin) request to commence construction of the Weymouth Compressor Station in Norfolk County, Massachusetts and make modifications at the Westbrook Meter and Regulator Station in Cumberland County, Maine. In December 2019, multiple parties requested rehearing of the Notice to Proceed with Construction letter order. Agenda item C-5 may be an order on the requests for rehearing of the Notice to Proceed with Construction letter order.
C-6 – PennEast Pipeline Company, LLC (Docket No. RP20-41-001). On October 4, 2019, PennEast Pipeline Company, LLC (PennEast) filed a petition for declaratory order seeking the Commission’s interpretation of the scope of the eminent domain authority in section 7(h) of the NGA. On January 30, 2020, the Commission issued an order granting PennEast’s petition in part, and denying the petition in part (Declaratory Order). The Declaratory Order, inter alia, found that (1) NGA section 7(h) does not limit a certificate holder’s right to exercise eminent domain authority over state-owned land; and (2) NGA section 7(h) delegates eminent domain authority solely to certificate holders and not to the Commission. The Declaratory Order denied PennEast’s petition to the extent that it would require the Commission to evaluate the constitutional sufficiency of NGA section 7(h) for purposes of abrogating state sovereign immunity or delegating federal authority under the Eleventh Amendment. On February 26, 2020, the Delaware Riverkeeper Network and the Delaware Riverkeeper requested rehearing of the Declaratory Order. Agenda item C-6 may be an order on the request for rehearing of Declaratory Order.
C-7 – Alaska Gasline Development Corporation (Docket No. CP17-178-000). On April 17, 2017, pursuant to Section 3 of the NGA, Alaska Gasline Development Corporation filed a certificate application requesting authorization to construct and operate new gas treatment facilities, an 806.9-mile-long natural gas pipeline and associated aboveground facilities, and a 20 million-metric-ton per annum liquefaction facility to commercialize the natural gas resources of Alaska’s North Slope (the Alaska LNG Project). The Alaska LNG Project is proposed to have an annual average inlet design capacity of up to 3.7 billion standard cubic feet per day and a 3.9 billion standard cubic feet per day peak capacity. On March 6, 2020, Commission staff issued the final environmental impact statement for the Alaska LNG Project. Agenda item C-7 may be an order on the certificate application for the Alaska LNG Project.
C-8 – Jordan Cove Energy Project L.P. (Docket No. CP17-495-001); Pacific Connector Gas Pipeline, LP (Docket No. CP17-494-001). On March 19, 2020, the Commission issued an order (March Order) authorizing Jordan Cove Energy Project L.P.’s proposal under section 3 of the NGA to site, construct, and operate the Jordan Cove LNG Terminal, a new liquefied natural gas export terminal and associated facilities in unincorporated Coos County, Oregon. The March Order also authorized Pacific Connector Gas Pipeline, LP’s proposal under section 7(c) of the NGA to construct and operate the Pacific Connector Pipeline, a new 229-mile-long interstate natural gas pipeline system in Klamath, Jackson, Douglas, and Coos Counties, Oregon. In April 2020, numerous entities requested rehearing of the March Order. Agenda item C-8 may be an order on the requests for rehearing of the March Order.
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