Below are summaries of the agenda items for the Federal Energy Regulatory Commission's May 20, 2021 open meeting, pursuant to the agenda issued on May 13, 2021.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate Items
Electric
E-1 – Entergy Arkansas, Inc., Entergy Gulf States Louisiana, L.L.C., Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy New Orleans, Inc., Entergy Texas, Inc. (Docket Nos. ER13-1508-001, ER13-1509-001, ER13-1510-001, ER13-1511-001, ER13-1512-001, ER13-1513-001). On May 17, 2013, pursuant to section 205 of the Federal Power Act (FPA), Entergy Services, Inc., as agent and on behalf of Entergy Arkansas, Inc. (Entergy Arkansas), Entergy Gulf States Louisiana, L.L.C., Entergy Louisiana, LLC, Entergy Mississippi, Inc., Entergy Texas, Inc. and Entergy New Orleans, Inc. (collectively, the Entergy Operating Companies), filed a tariff governing cost-based unit power sales and sales of designated power purchases between Entergy Arkansas and its Entergy Operating Company affiliates (Unit Power Sales Tariff). On December 16, 2013, the Commission accepted the Unit Power Sales Tariff and suspended it, subject to hearing and settlement judge procedures on various issues, including the just and reasonable return on equity (ROE) that would be included in the Unit Power Sales Tariff. On May 12, 2015, an administrative law judge in the proceeding issued an Initial Decision that determined the just and reasonable ROE was 9.01 percent. On April 30, 2019, and subsequent to other Commission issued orders on a ROE methodology, the Commission issued an order establishing a paper hearing on whether and how such ROE methodology should apply to the Unit Power Sales Tariff. Agenda item E-1 may be an order on ROE methodology that applies to the Unit Power Sales Tariff.
E-2 – San Diego Gas & Electric Company v. Sellers of Energy and Ancillary Services Into Markets Operated by the California Independent System Operator Corporation and the California Power Exchange (Docket No. EL00-95-291); Investigation of Practices of the California Independent System Operator and the California Power Exchange (Docket No. EL00-98-263). On April 22, 2020, Pacific Gas and Electric Company (PG&E), San Diego Gas & Electric Company (SDG&E), Southern California Edison Company (SCE), the People of the State of California ex rel. Xavier Becerra, Attorney General, the Public Utilities Commission of the State of California (CPUC), and the California Department of Water Resources (collectively, the California Parties) filed a petition for approval of (1) settlement overlay calculations, (2) final payments of amounts owed and owing, (3) termination of the activities of the California Power Exchange, and (4) related relief (Settlement Overlay Filing). The Settlement Overlay Filing states that it will enable the Commission to determine "who owes what to whom" due to the energy crisis that occurred in the California power markets during 2000 and 2001. Agenda item E-2 may be an order on the Settlement Overlay Filing.
E-3 – San Diego Gas & Electric Company v. Sellers of Energy and Ancillary Services Into Markets Operated by the California Independent System Operator Corporation and the California Power Exchange (Docket No. EL00-95-310). On May 3, 2018, the Commission issued an order in a proceeding involving compliance filings submitted pursuant to Opinions Nos. 536-A and 536-B that directed disgorgement of all overcharges and excess payments received by the respondents in the proceeding for all of their sales during certain hours during summer 2000 and during which market prices were inflated by respondents' tariff violations (May Order). On June 4, 2018, the Salt River Project Agricultural Improvement and Power District (SRP) and Sacramento Municipal Utility District (SMUD) requested clarification, or in the alternative, rehearing of the May Order. Agenda item E-3 may be an order on SRP and SMUD's request for clarification or rehearing of the January Order.
E-4 – San Diego Gas & Electric Company v. Sellers of Energy and Ancillary Services Into Markets Operated by the California Independent System Operator Corporation and the California Power Exchange (Docket No. EL00-95-301); Investigation of Practices of the California Independent System Operator and the California Power Exchange (Docket No. EL00-98-273). On January 23, 2017, the Commission issued an order on remand from the United States Court of Appeals for the Ninth Circuit (January Order) in a proceeding involving the reconsideration of cost offset claims submitted by Shell Energy North America (US), L.P. (Shell) and Hafslund Energy Trading L.L.C. (Hafslund). The January Order, inter alia, ordered hearing and settlement procedures to examine whether the cost offset claims submitted by Shell and Hafslund include the costs associated with transactions that constitute false exports, phantom ancillary services and false load scheduling. On February 22, 2017, the People of the State of California ex rel. Xavier Becerra, Attorney General, CPUC, PG&E, and SCE (collectively, the California Parties) requested clarification, or in the alternative, rehearing of the January Order. Agenda item E-4 may be an order on the California Parties' request for clarification or rehearing of the January Order.
E-5 – State of California, ex rel. Bill Lockyer, Attorney General of the State of California v. British Columbia Power Exchange Corporation, Coral Power, LLC, Dynegy Power Marketing, Inc., Enron Power Marketing, Inc., Mirant Americas Energy Marketing, LP, Reliant Energy Services, Inc., Williams Energy Marketing & Trading Company, All Other Public Utility Sellers of Energy and Ancillary Services to the California Energy Resources Scheduling Division of the California Department of Water Resources, and All Other Public Utility Sellers of Energy and Ancillary Services into Markets Operated by the California Power Exchange and California Independent System Operator (Docket No. EL02-71-057). On July 28, 2017, the presiding administrative law judge issued an initial decision (July Initial Decision) in a proceeding generally related to the issue of whether any individual public utility seller's violation of the Commission's market-based rate quarterly reporting requirement led to an unjust and unreasonable rate for that particular seller in California during the 2000-2001 period. The July Initial Decision, inter alia, denied a request for a determination that noncompliant quarterly reports resulted in the masking of manipulation or accumulation of market power. The parties in the proceeding subsequently submitted briefs in response to the July Initial Decision. Agenda item E-5 may be an order on the July Initial Decision and subsequent briefing.
E-6 – PJM Interconnection, L.L.C. (Docket No. ER17-1433-001); XO Energy LLC, XO Energy MA, LP and XO Energy MA2, LP v. PJM Interconnection, L.L.C. (Docket No. EL20-41-000). On April 8, 2020, pursuant to section 206 of the FPA, XO Energy LLC, together with XO Energy MA, LP and XO Energy MA2, LP (collectively, XO Complainants) submitted a complaint against PJM Interconnection, L.L.C. (PJM) alleging that the Financial Transmission Right forfeiture rule (the FTR Forfeiture Rule) is unjust and unreasonable, and that the rule has been implemented in a manner that is inconsistent with Commission orders and the existing PJM tariff. XO Complainants argue that the Commission should (i) reject PJM's implementation of the FTR Forfeiture Rule made through PJM's compliance filing in April 2017; and (ii) either replace the rule with a structured market monitoring scheme or modify the existing rule and the market monitoring function, as further set forth in the complaint. Agenda item could be an order on the XO Complainants' complaint.
E-7 – GreenHat Energy, LLC, et al. (Docket No. IN18-9-000). Agenda item E-7 may be an order related to an investigation regarding GreenHat Energy, LLC and others.
E-8 – Standards for Business Practices and Communication Protocols for Public Utilities (Docket Nos. RM05-5-029; RM05-5-030). On July 16, 2020, the Commission issued a Notice of Proposed Rulemaking proposing to amend its regulations to incorporate by reference, with certain enumerated exceptions, the latest version (Version 003.3) of the Standards for Business Practices and Communication Protocols for Public Utilities adopted by the Wholesale Electric Quadrant (WEQ) of the North American Energy Standards Board (NAESB). Agenda item E-8 may be an order regarding the Notice of Proposed Rulemaking.
E-9 – Midcontinent Independent System Operator, Inc. (Docket No. ER21-834-001). On January 8, 2021, Midcontinent Independent System Operator, Inc. (MISO) submitted an unexecuted Facilities Service Agreement (FSA) among Heartland Divide Wind II LLC, MidAmerican Energy Company, and MISO. At the direction of the Heartland Divide Wind II LLC, the FSA was submitted on an unexecuted basis because of continued legal uncertainty regarding whether a MISO transmission owner can unilaterally elect to self-fund network upgrades. On January 29, 2021, Heartland Divide Wind II LLC submitted a protest to the filing by MISO. On February 8, 2021, Commission Staff issued a deficiency letter to MISO regarding the filing. On March 22, 2021, MISO submitted a response the Commission Staff's deficiency letter. Agenda item E-9 may be an order regarding the proposed filing from MISO.
E-10 – Midcontinent Independent System Operator, Inc. (Docket No. ER21-836-001). On January 8, 2021, Midcontinent Independent System Operator, Inc. (MISO) submitted an unexecuted Facilities Service Agreement (FSA) among Heartland Divide Wind II LLC, MidAmerican Energy Company, and MISO. At the direction of the Heartland Divide Wind II LLC, the FSA was submitted on an unexecuted basis because of continued legal uncertainty regarding whether a MISO transmission owner can unilaterally elect to self-fund network upgrades. On January 29, 2021, Heartland Divide Wind II LLC submitted a protest to the filing by MISO. On February 8, 2021, Commission Staff issued a deficiency letter to MISO regarding the filing. On March 22, 2021, MISO submitted a response the Commission Staff's deficiency letter. Agenda item E-10 may be an order regarding the proposed filing from MISO.
E-11 – Midcontinent Independent System Operator, Inc. (Docket No. ER21-837-001). On January 8, 2021, Midcontinent Independent System Operator, Inc. (MISO) submitted an unexecuted Facilities Service Agreement (FSA) among Heartland Divide Wind II LLC, MidAmerican Energy Company, and MISO. At the direction of the Heartland Divide Wind II LLC, the FSA was submitted on an unexecuted basis because of continued legal uncertainty regarding whether a MISO transmission owner can unilaterally elect to self-fund network upgrades. On January 29, 2021, Heartland Divide Wind II LLC submitted a protest to the filing by MISO. On February 8, 2021, Commission Staff issued a deficiency letter to MISO regarding the filing. On March 22, 2021, MISO submitted a response the Commission Staff's deficiency letter. Agenda item E-11 may be an order regarding the proposed filing from MISO.
E-12 – Tri-State Generation and Transmission Association, Inc. (Docket No. ER21-410-001). On November 13, 2020, Tri-State Generation and Transmission Association, Inc. (Tri-State) submitted, pursuant to section 205 of the Federal Power Act (FPA), proposed revisions to modify its Large Generator Interconnection Procedures and Small Generator Interconnection Procedures and the associated appendices, including the Large Generator Interconnection Agreement and Small Generator Interconnection Agreement in the TriState Open Access Transmission Tariff, proposing to move from a sequential first-come, first-served approach to a first-ready, first-served, cluster study approach. On January 12, 2021, the Commission issued an order accepting the proposed tariff revisions. Avera Power LLC and Keota Solar, LLC filed requests for rehearing of the Commission's January 12 order. Agenda item E-12 may be an order regarding the requests for rehearing of the January 12 order.
E-13 – Keota Solar, LLC (Docket No. ER21-1206-000). On February 24, 2021, Keota Solar, LLC (Keota), pursuant to sections 206 and 306 of the FPA, submitted a request for a one-time waiver of certain requirements in Tri-State's Large Generator Interconnection Procedures regarding eligibility for the "transitional serial" process for late-stage interconnection requests. Agenda item E-13 may be an order regarding Keota's waiver request.
E-14 – PJM Interconnection, L.L.C. (Docket No. ER19-2722-003). On December 21, 2017, pursuant to section 206 of the FPA, the Commission instituted an investigation to examine PJM Interconnection, L.L.C.'s (PJM) practices regarding the pricing of fast-start resources and whether PJM should be required to revise its Open Access Transmission Tariff (OATT) and Amended and Restated Operating Agreement of PJM (Operating Agreement) (collectively, PJM Tariff). On April 18, 2019, the Commission issued an Order on Paper Hearing and found that PJM's fast-start pricing practices are unjust and unreasonable because the practices do not allow prices to reflect the marginal cost of serving load, and directed PJM to revise the PJM Tariff to implement certain changes that would result in just and reasonable rates. On August 30, 2019, PJM submitted proposed revisions to the PJM Tariff to comply with the Commission's directives in the April 18 Order. On December 17, 2020, the Commission, after holding the proceedings in abeyance, issued an order accepting in part and rejecting in part certain PJM proposed revisions to the PJM Tariff, and directed PJM submit an additional compliance filing with additional revisions to conform to the April 18 order. On February 16, 2021, PJM submitted a compliance filing in accordance with the Commission's directive in its December 17 order. Agenda item E-14 may be an order relating to PJM's compliance filing and proposed revisions to the PJM Tariff.
E-15 – Versant Power (Docket No. ER15-1429-015). On May 1, 2019, as amended May 16, 2019, Emera Maine, currently known as Versant Power, filed, pursuant to section 205 of the Federal Power Act, an annual update of charges under the Emera Maine Open Access Transmission Tariff for Maine Public District (MPD OATT), for the June 1, 2019 to May 31, 2020 rate year based on the formula rates set forth in Attachment J of the MPD OATT (2019 Annual Update). On August 1, 2019, Emera Maine, the Maine Public Utility Commission (MPUC), and the Maine Consumers Group (MCG) agreed to suspend the procedural schedule, as set forth in the formula rate protocols, for review and challenge of the 2019 Annual Update. On March 13, 2020 the agreement to suspend the procedural schedule for review and challenge of the 2019 Annual Update was terminated. On April 20, 2020 the MPUC and the MCG issued a preliminary challenge regarding the 2019 Annual Update to Emera Maine. Emera Maine responded to the preliminary challenge on May 11, 2020. On May 14, 2020 Versant Power announced that it was the new name of Emera Maine. On January 14, 2021, Versant Power, the MPUC, the MCG, and the OPA jointly submitted an offer of settlement addressing the 2019 Annual Update. Agenda item E-15 may be an order addressing the offer of settlement regarding the 2019 Annual Update.
E-16 – Lexington Chenoa Wind Farm LLC (Docket No. ER20-2148-002). On June 24, 2020, as amended on August 26, 2020, Lexington Chenoa Wind Farm LLC (Lexington Chenoa) filed, pursuant to section 205 of the Federal Power Act, a proposed rate schedule for Reactive Supply and Voltage Control from Generation Sources Service (Reactive Service) pursuant to Schedule 2 of the PJM Open Access Transmission Tariff (PJM OATT). Lexington Chenoa owns and operates a wind farm located in McLean County, Illinois with a nameplate capacity of 205.2 MW. The Lexington Chenoa facility began commercial operation in December 2019 and has never recovered costs associated with the provision of reactive service. Lexington Chenoa requested an annual revenue requirement (ARR) of $833,084.64. PJM and Monitoring Analytics, LLC, the Independent Market Monitor for PJM, filed motions to intervene. On August 11, 2020, the Commission's Office of Energy Market Regulation issued a deficiency letter to Lexington Chenoa asserting that the request lacked information required to process the filing. Lexington Chenoa responded on August 26, 2020, and increased its requested ARR to $1,062,072.54. On October 22, 2020, the Commission accepted Lexington Chenoa's proposed ARR and suspended it for a nominal period, to become effective August 24, 2020, subject to refund; and established hearing and settlement judge procedures. Two settlement conferences were held. On February 16, 2021, Lexington Chenoa filed an Offer of Settlement and Settlement Agreement consisting of a "black box" rate of $550,000. Agenda item E-16 may be an order addressing the Offer of Settlement.
E-17 – New England Hydro-Transmission Electric Company, Inc., New England Hydro-Transmission Corporation, New England Electric Transmission Corporation, Vermont Electric Transmission Company, and IRH Management Committee (Docket No. ER21-712-000). On December 18, 2020, the New England Hydro-Transmission Electric Company, Inc.; New England Hydro-Transmission Corporation; New England Electric Transmission Corporation; and Vermont Electric Transmission Company (collectively the Asset Owners) and the IRH Management Committee (IMC) on behalf of the renewing Interconnection Rights Holders (IRH) submitted an unopposed Offer of Settlement that amends and restates four Support Agreements (separate agreements between the IRH and each of the Asset Owners under which the IRH agree to financially support the elements of the transmission facility owned by each Asset Owner in exchange for transmission capacity) and an Agreement with Respect to Use of Quebec Interconnection (Use Agreement). The amendments purportedly will provide for ongoing financial support of, and related rights and obligations with respect to, the United States portion of the 2,000 MW high-voltage, direct current transmission facilities interconnecting New England and Québec. Agenda item E-17 may be an order addressing the Offer of Settlement.
Gas
G-1 – Interstate and Intrastate Natural Gas Pipelines; Rate Changes Relating to Federal Income Tax Rate (Docket No. RM18-11-002). Agenda item G-1 may establish a new sub-docket in the rulemaking proceeding that has issued Order Nos. 849 and 849-A. The orders have thus far adopted procedures for determining which jurisdictional natural gas pipelines may be collecting unjust and unreasonable rates in light of the income tax reductions provided by the Tax Cuts and Jobs Act (2017) and the Commission's Revised Policy Statement and precedent concerning tax allowances to address the double recovery issue.
G-2 – Venture Global Calcasieu Pass, LLC (Docket No. RP21-625-000). On March 17, 2021, Venture Global Calcaieu Pass, LLC (Calcasieu Pass) filed a Petition for Temporary Waiver of Capacity Release Regulations. Calcasieu Pass requested the waiver in order to bypass the prohibition on buy and sell transactions as well as any capacity release policies that may allow the purchase of natural gas from unaffiliated upstream suppliers. Calcasieu Pass stated that the purchased gas would be used in interstate pipeline transportation to be liquefied at the Calcasieu Pass LNG Export Terminal and provide greater flexibility in the export market. Agenda item G-2 may be an order on the petition as brought forward by Calcasieu Pass.
G-3 – Navigator Borger Express LLC (Docket No. OR21-4-000). On February 26, 2021, Navigator Borger Express LLC (Navigator) filed a Petition for Declaratory Order seeking Commission approval of the rulings related to a project being developed to provide transportation of crude oil from Cushing, Oklahoma to Borger, Texas. The project will bring the Borger Express System into service and provide the refinery that is located in Borger with direct pipeline access to the Cushing crude market. Agenda item G-3 may be an order on the petition as brought forward by Navigator.
Hydro
H-1 – Boyce Hydro Power, LLC (Docket Nos. P-10809-051; P-10810-057; P-2785-103). On February 5, 2021, Boyce Hydro Power, LLC (Boyce), submitted, pursuant to section 6 of the Federal Power Act (FPA), a request to surrender the licenses of its Secord Project No. 10809, Smallwood Project No. 10810, and Sanford Project No. 2785. Boyce Hydro no longer owns any property interests in the Projects as a result of condemnation actions by local governmental authorities. Agenda item H-1 may be an order addressing Boyce's request to surrender its licenses.
H-2 – Premium Energy Holdings, LLC (Docket No. P-15035-000). On June 9, 2020, Premium Energy Holdings, LLC (PEH), filed an application, pursuant to section 4(f) of the Federal Power Act, proposing to study the feasibility of the Isabella Pumped Storage Project (Isabella Project), a closed-loop pumped storage project to be located in Kern County, California. The proposed Isabella Project consists of: 1) an upper reservoir created by a new dam at one of three alternative locations in the Southern Sierra Nevada Mountains with a capacity between 19,073 and 34,459 acre-feet, at an elevation between 4,500 and 5,960 feet above mean sea level; 2) a tunnel system of steel penstocks and concrete pressurized tunnels to connect the upper and lower reservoirs to the powerhouse; 3) pump-turbine units in an underground powerhouse with generation capacity of 2,000 megawatts located at one of the three alternative locations; 4) a cavern of the transformers chamber adjacent to the powerhouse; 5) the existing Isabella Reservoir, to be used as the lower reservoir, with a storage capacity of 568,000 acre-feet, at an elevation of 2,580 feet above mean sea level; 6) electrical switchyards and interconnecting transmission lines from the powerhouse to the nearest major transmission interconnection at one of the six alternative locations; and 7) appurtenant facilities. Numerous comments were filed in response to the application. The preliminary permit, if issued, will only grant the permit holder priority to file a license application during the permit term. Agenda item H-2 may be an order addressing the preliminary permit application.
H-3 – Turlock Irrigation District and Modesto Irrigation District (Docket Nos. P-2299-087; P-14581-004). On October 2, 2020, Turlock Irrigation District and Modesto Irrigation District (collectively the Districts) jointly filed a Petition for Declaratory Order. The Districts, licensees for the Don Pedro Hydroelectric Project No. 2299 (Don Pedro Project) and applicants for the unlicensed La Grange Hydroelectric Project No. 14581 (La Grange Project), request that the Commission declare that the California State Water Resources Control Board waived its authority under section 401(a)(1) of the Clean Water Act (CWA) to issue water quality certifications for relicensing the Don Pedro Project and for licensing the La Grange Project. On January 19, 2021, the Commission issued a Declaratory Order denying the Districts petition (January 19 Order). On February 18, 2021, the Districts filed request for rehearing of the Commission's January 19 Order. Agenda item H-3 may be an order addressing the request for rehearing.
H-4 – Riverdale Power & Electric Co., Inc. (Docket No. P-9100-040). On April 17, 2017, Riverdale Power & Electric Co. Inc. (Riverdale) filed an applications to the Commission for a new license for the existing Riverdale Mills Hydroelectric Project (Project), FERC Project P-9100, whose existing permit expires May 31, 2017. The 150 kW Project is located in Northbridge, Worcester County, Massachusetts on the Blackstone River. The Project consists of: 1) a 142-foot-long, 14-foot-high concrete and steel dam that includes a spillway that contains five 22-foot-wide, 7.5-foot-high stanchion bays with stop-logs, and one 22-foot-wide, 7.5-foot-high hydraulically-operated spillway gate; 2) a 22 acre impoundment with a normal maximum elevation of 262.35 feet above mean sea level (msl); 3) an unused 8-foot-wide, 8-foot-high western intake structure fitted with two 4-foot-wide, 6-foot-high sluice gates and an 8-foot-wide, 8-foot-high trashrack, and connected to an 8-foot-wide, 212.1-foot-long sluiceway; 4) an unused 8-foot-wide, 8-foot-high middle intake structure fitted with two 4-foot-wide, 6-foot-high sluice gates and an 8-foot-wide, 8-foot-high trashrack, and connected to an 8-foot-wide, 250.4-foot-long sluiceway; 5) an 18-foot-wide, 8-foot-high eastern intake structure fitted with three 6-foot-wide, 6-foot-high sluice gates and an 18-foot-wide, 8-foot-high trashrack with 1.75-inch bar spacing, that is connected to an 18-foot-wide, 341.1-foot-long sluiceway; (6) a 200-foot-long, 75-foot-wide powerhouse room, located within the Riverdale Mills Corporation manufacturing facility, and containing a 150-kW turbine-generator unit; 7) a tailrace that includes a 214-foot-long arched granite structure with a minimum width of 18 feet, and an 1,800-foot-long, 37.5- to 75-foot-wide excavated channel; 8) a 75-foot-long, 480-volt generator lead that connects the turbine-generator unit to the Riverdale Mills Corporation manufacturing facility; and 9) appurtenant facilities. On May 8, 2019, the Commission accepted the application for filing and declared the Project ready for environmental analysis. On December 11, 2019, Commission Staff issued an Environmental Assessment finding that issuance of a license for the Project, with additional staff-recommended environmental measures, would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item H-4 may be an order addressing the license application.
Certificates
C-1 – Midship Pipeline Company, LLC (Docket No. CP17-458-007). On March 18, 2021, the Commission issued an order on environmental compliance which directed Midship Pipeline Company, LLC (Midship) to take immediate action to remedy unresolved restoration issues relating to the Midship Project, which was approved by the Commission in an order issued on August 13, 2018. On April 19, 2021, Central Land Consulting (Central), joined by the impacted landowners, filed a request for rehearing of the March 18 order. The rehearing request does not contend with material issues but rather one legal error in a footnote that, according to Central, should be resolved prior to any misunderstanding later. Agenda item C-1 may be an order on the rehearing request.
C-2 – Northern Natural Gas Company (Docket No. CP20-503-000). On July 31, 2020, Northern Natural Gas Company (Northern) submitted an application, pursuant to Section 7 of the Natural Gas Act (NGA), requesting Commission authorization to construct and operate a pipeline and associated facilities located in Minnesota. According to Northern, the proposed Northern Lights 2021 Expansion project would accommodate requests for firm transportation capacity received during the 2019 open season. On December 15, 2020, the Commission issued the Environmental Assessment for the project, finding that the proposed facilities would not constitute a major federal action significantly affecting the quality of the human environment, contingent on implementing mitigation measures. On April 28, 2021, Northern furnished supplemental downstream greenhouse gas emissions data for the project in order to facilitate a more expedient Commission review and ruling on the application. In prior filings, the Commission found the proposed project would result in emissions that were "not significant." Agenda item C-2 may be an order on the Northern application.
C-3 – Tuscarora Gas Transmission Company (Docket No. CP20-486-000). On June 24, 2020, Tuscarora Gas Transmission Company (Tuscarora Gas) submitted an application, pursuant to Sections 7(b) and 7(c) of the NGA, requesting Commission authorization to increase the certificated capacity of its Tuscarora XPress Project pipeline and replace certain related facilities located in Nevada. On February 19, 2021, the Commission issued the Environmental Assessment for the proposed upgrades to the Tuscarora XPress Project, finding that the proposed facilities would not constitute a major federal action significantly affecting the quality of the human environment, contingent on implementing mitigation measures. Agenda item C-3 may be an order on the Tuscrarora Gas application.
C-4 – Transcontinental Gas Pipe Line Company, LLC (Docket No. CP17-101-003). On March 27, 2017, Transcontinental Gas Pipe Line Company, LLC (Transco) submitted an application, pursuant to section 7(c) of the NGA, for authorization to construct and operate the proposed Northeast Supply Enhancement Project. The project would transport natural gas originating from shale plays in the Marcellus Shale to energy markets in New York City. On March 23, 2018, the Commission issued a draft Environmental Impact Statement (EIS), finding that the project would not constitute a major federal action affecting the quality of the human environment. On January 25, 2019, the Commission issued the Final EIS, re-affirming the Draft EIS by stating the project would not cause adverse environmental impacts if Transco complied with staff mitigation recommendations. On May 3, 2019, the Commission issued an order approving the application and granting the Certificate of Public Convenience and Necessity (CPCN). Agenda item C-4 may be related to a new sub-docket in the ongoing proceeding for the CPCN application for the Northeast Supply Enhancement Project as brought forward by Transco.
C-5 – Spire STL Pipeline LLC (Docket Nos. CP17-40-000, CP17-40-001, CP17-40-002, CP17-40-003, CP17-40-004, CP17-40-005). On January 26, 2017, Spire STL Pipeline, LLC (Spire) filed, pursuant to Section 7(c) of the NGA, a request for authorization for a Certificate of Public Convenience and Necessity (CPCN) to construct and operate a new, 65-mile-long interstate natural gas pipeline system, extending from an interconnection with Rockies Express Pipeline LLC in Scott County, Illinois, to interconnections with both Spire Missouri Inc. and Enable Mississippi River Transmission, LLC in St. Louis County, Missouri. Spire also requested approval of its proposed pro forma gas tariff, a blanket certificate under Part 157, Subpart F of the Commission's regulations to perform certain routine construction activities and operations, and a blanket certificate under Part 284, Subpart G of the Commission's regulations to provide open-access firm and interruptible natural gas transportation and transportation-related services. On August 3, 2018, the Commission issued a certificate granting the requested authorities. On July 3, 2019, Central Land Consulting, LLC (Central) filed a Formal Complaint against Spire, alleging that Spire failed to follow Procedural Rule 213 by causing damage to properties along the pipeline route, provided fraudulent information pertaining to environmental inspections, and violated the Commission Certificate, Upland Erosion Control Plan, Wetland, Waterbody Construction Mitigation Procedures, and the Illinois EPA Environmental Protection Act. On January 19, 2021, the Commission issued an order denying the Complaint by Central. Agenda item C-5 may be an order on any outstanding material issues in the docket.
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