Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on November 21, 2024, pursuant to the sunshine notice released on November 14, 2024.
In this issue…
- Electric Items
- Hydro Items
- Certificate Items
Electric
E-1 – Building for the Future Through Electric Regional Transmission Planning and Cost Allocation (Docket No. RM21-17-001). On May 13, 2024, the Commission issued Order No. 1920, the final rule stemming from rulemaking proceedings initiated in 2021. Pursuant to its authority under section 206 of the Federal Power Act (FPA), the Commission formalized significant reforms to regional transmission planning processes and cost allocation in both the pro forma Open Access Transmission Tariff (OATT) and pro forma Large Generator Interconnection Agreement (LGIA). Order No. 1920 became effective on August 12, 2024 and the Commission directed the RTOs and ISOs to file their respective compliance plans by June 12, 2025. For a detailed review of Order No. 1920, please see our prior alert published in May 2024.
Specifically, the planning reforms in Order No. 1920 included, among others: Transmission providers must use a 20-year planning horizon for projected new resources (expanded from the prior 3- to 5-year timeline). Regional transmission planners must measure and consider at least seven (7) specified economic and/or reliability benefits: 1) Avoided or deferred reliability transmission facilities and aging infrastructure replacement; 2) Reduced loss of load probability or reduced planning reserve margin; 3) Production cost savings; 4) Reduced transmission energy losses; 5) Reduced congestion due to transmission outages; 6) Mitigation of extreme weather events and unexpected system conditions; 7) Capacity cost benefits from reduced peak energy losses. Transmission providers are required to establish an evaluation process included in their Commission-jurisdictional OATTs, using the following criteria to select long-term transmission projects: Long-term transmission needs of the system; benefits measurement in accordance with the preceding seven-factor criteria; and designation of a point in the selection process where transmission providers will determine if the project will move forward. With respect to cost allocation, Order No. 1920 required that transmission operators must file one or more ex ante methods to allocate the costs of long-term regional transmission facilities that are selected for development. Prior to compliance, transmission operators are required to hold a six-month engagement period with relevant state entities. Those relevant state entities may enter into an agreement with transmission operators before selection, or up to six months after selection but still prior to compliance, to effectuate cost allocation assignments for a new regional transmission facility.
On June 11, 2024 and June 12, 2024, respectively, a number of parties filed requests for rehearing and motions for clarification of the final rule. The rehearing requests varied due to the volume of stakeholders; however, certain issues arose in multiple filings. For instance, parties raised that the Commission failed to demonstrate that, pursuant to section 206 of the FPA, existing transmission planning and cost allocation requirements were unjust and unreasonable and, therefore, required reform. Incentives granted to transmission operators, such as Construction Work In Progress (CWIP) and the Abandoned Plant Incentive, were not addressed sufficiently by the Commission, according to some rehearing requests. Other parties contended that the Commission inappropriately implemented a right of first refusal (ROFR) for incumbent utilities with respect to right-sizing transmission projects. Certain parties also filed Petitions for Review of the final rule in federal appeals courts, including the Second Circuit, Fourth Circuit, Fifth Circuit, Sixth Circuit, Seventh Circuit, Eleventh Circuit, and DC Circuit. On August 8, 2024, the US Judicial Panel on Multidistrict Litigation indicated that the Fourth Circuit Court will hear the consolidated challenges to Order No. 1920. On November 5, 2024, Midcontinent Independent System Operator, Inc. (MISO) filed a motion for extension of time to submit its compliance filing. MISO stated it had already engaged in various transmission planning initiatives in the MISO region that overlap with mandates furnished in Order No. 1920 and, accordingly, the requested extension would ensure that MISO can maintain focus on finalizing its Long Range Transmission Planning efforts and improve sequencing and integration of Order No. 1920 reforms thereafter. MISO also requested an extension of its compliance filing from June 12, 2025 to June 12, 2026. Agenda item E-1 may be an order on the rehearing requests of Order No. 1920.
E-2 – Standards for Business Practices and Communication Protocols for Public Utilities (Docket No. RM05-5-031). On April 25, 2024, the Commission issued a Notice of Proposed Rulemaking (NOPR) in order to incorporate by reference, with certain exceptions, the latest version (Version 004) of the Standards for Business Practices and Communication Protocols for Public Utilities adopted by the Wholesale Electric Quadrant of the North American Energy Standards Board (NAESB). In particular, Version 004 of the Standards would include standards developed to support cybersecurity for the wholesale electric industry, modifications to complement existing Reliability Standards of the North American Electric Reliability Corporation (NERC), the new NAESB Base Contract for Sale and Purchase of Voluntary Renewable Energy Certificates, and standards to identify definitions for common grid interactions. Agenda item E-2 may be an order on the NOPR.
E-3 – ISO New England Inc. and New England Power Pool Participants Committee (Docket No. ER24-2584-000), ISO New England Inc. (Docket No. EL23-62-000). On March 6, 2023, Dynegy Marketing and Trade, LLC (Dynegy) submitted a request, pursuant to section 205 of the FPA, to recover unrecovered costs incurred due to market power mitigation in the real-time energy market of ISO New England Inc. (ISO-NE). Dynegy alleged that, in December 2022, Winter Storm Elliott led to uncertainty in the ISO-NE intra-day gas markets and, subsequently, that several of its resources were subject to General Energy Threshold Mitigation in the real-time energy market. In the filing, Dynegy stated that, due to this mitigation and compliance with ISO-NE dispatch directives, certain Dynegy resources under-recovered their actual real-time energy market costs on December 24, 2022. On May 5, 2023, the Commission issued an order granting and denying in part the requested cost recovery by Dynegy. In the order, the Commission also found that provisions relating to the proposed fuel price adjustment in the ISO-NE Tariff may be unjust and unreasonable. Accordingly, the Commission initiated a proceeding pursuant to section 206 of the FPA in order to evaluate the application of the current market power mitigation rules under the ISO-NE Tariff. On June 28, 2023, ISO-NE submitted a motion for abeyance, stating that there was a proposal through its stakeholder process for potential Tariff design changes that may moot the issues in the section 206 proceeding. Namely, ISO-NE had proposed changes to existing Tariff provisions to prevent "upward mitigation" from re-occurring (i.e., mitigation of offers from market participants with market power than are excessively high and may affect the real-time market price). On July 14, 2023, the Commission issued a notice granting the motion to hold the proceeding in abeyance. On January 29, 2024, ISO-NE submitted a motion for continued abeyance, requesting additional time to finalize the related market rules in concert with the stakeholder process. On February 7, 2024, the Commission issued a notice granting the motion to hold the proceeding in abeyance until August 30, 2024. On July 24, 2024, in a new docket, ISO-NE, joined by the New England Power Pool Participants Committee (NEPOOL), submitted proposed revisions to the ISO-NE Tariff. The proposed revisions relate to energy market mitigation rules in the Tariff as discussed in the section 206 proceeding, namely with respect to the two outstanding issues as raised by the Commission: 1) to allow market participants to submit up to different megawatt-dependent fuel prices in their cost-based reference levels; and 2) to demonstrate that the current market power mitigation provisions addressing the duration of mitigation are just and reasonable. Agenda item E-3 may be an order on the proposed revisions to the ISO-NE Tariff and the section 206 proceeding.
E-4 – Omitted
E-5 – Dan's Mountain Wind Force, LLC (Docket Nos. ER24-2971-000, TS24-5-000). On August 30, 2024, Dan's Mountain Wind Force (Dan's Mountain) submitted a request for temporary waiver of its Open Access Transmission Tariff (OATT), pursuant to Sections 35.28(d) and 35.28(f) of the Commission's regulations, as well as open access same-time information system and Standards of Conduct requirements. The waiver request relates to limited and discrete new substation facilities to be constructed and owned for a limited period of time prior to being transferred to The Potomac Edison Company (Potomac Edison). The new substation facilities are transmission owner facilities by which Dan's Mountain exercised the Option to Build under the Interconnection Construction Service Agreement between itself, PJM Interconnection, LLC (PJM), and Potomac Edison. Before the facilities are energized, Dan's Mountain will transfer operational control of the new substation to Potomac Edison and PJM, which had been expected to occur on November 11, 2024. Following energization, Dan's Mountain will subsequently transfer ownership of the substation facilities to Potomac Edison. Agenda item E-5 may be an order on the waiver request.
E-6 – MATL LLP (Docket No. ER24-2016-000). On May 15, 2024, MATL LLP (MATL) submitted a compliance filing, pursuant to Order No. 2023 and Order No. 2023-A, with respect to revisions of the eTariff records of the MATL OATT. Order No. 2023, issued by the Commission on July 28, 2023, reformed the generator interconnection study processes of public utility transmission providers operating under effective OATTs. Primarily, Order No. 2023 required that transmission providers employ a first-ready, first-served cluster study process for large generating facilities exceeding 20 MW. Order No. 2023-A, issued on March 21, 2024, extended the compliance deadline to May 16, 2024. Accordingly, in its compliance filing, MATL proposed to revise its Large Generator Interconnection Procedures (LGIP), Large Generator Interconnection Agreement (LGIA), Small Generator Interconnection Procedures (SGIP), and Small Generator Interconnection Agreement (SGIA). Agenda item E-6 may be an order on the Order No. 2023 compliance filing.
E-7 – UNS Electric, Inc. (Docket No. ER24-2038-000). On May 16, 2024, UNS Electric, Inc. (UNS) submitted a compliance filing, pursuant to Order No. 2023 and Order No. 2023-A, with respect to revisions of the eTariff records of the UNS OATT. Order No. 2023, issued by the Commission on July 28, 2023, reformed the generator interconnection study processes of public utility transmission providers operating under effective OATTs. Primarily, Order No. 2023 required that transmission providers employ a first-ready, first-served cluster study process for large generating facilities exceeding 20 MW. Order No. 2023-A, issued on March 21, 2024, extended the compliance deadline to May 16, 2024. Accordingly, in its compliance filing, UNS proposed to revise its LGIP, LGIA, SGIP, and SGIA. Agenda item E-7 may be an order on the Order No. 2023 compliance filing.
E-8 – NorthWestern Corporation (Docket No. ER24-1993-000). On May 10, 2024, NorthWestern Corporation (NorthWestern) submitted a compliance filing, pursuant to Order No. 2023 and Order No. 2023-A, with respect to revisions of the eTariff records of the NorthWestern OATT. Order No. 2023, issued by the Commission on July 28, 2023, reformed the generator interconnection study processes of public utility transmission providers operating under effective OATTs. Primarily, Order No. 2023 required that transmission providers employ a first-ready, first-served cluster study process for large generating facilities exceeding 20 MW. Order No. 2023-A, issued on March 21, 2024, extended the compliance deadline to May 16, 2024. Accordingly, in its compliance filing, NorthWestern proposed to revise its LGIP, LGIA, SGIP, and SGIA. Agenda item E-8 may be an order on the Order No. 2023 compliance filing.
E-9 – SunZia Transmission, LLC (Docket No. ER24-2217-000). On June 10, 2024. SunZia Transmission, LLC (SunZia Transmission) submitted a compliance filing in accordance with Commission Orders 2023 and 2023-A and related revisions to its pro forma standard Large Generator Interconnection Agreement and standard Small Generator Interconnection Agreement. Agenda item E-9 may be an order on the Order No. 2023 compliance filing.
E-10 – Westlands Solar Blue (OZ) Owner, LLC; Castanea Project, LLC (Docket Nos. ER24-697-001; ER24-698-001). On June 4, 2024, in accordance with the directives in the Commission orders issued April 18, 2024 in the above reference dockets, Westlands Solar Blue (OZ) Owner, LLC (Westlands Solar) and Castanea Project, LLC (Castanea) submitted referend reports. The referend reports were required to report time value of money refunds for gross revenues collected resulting from the difference between market-based rate and cost-justified rates for sales made during the period precedent receiving market-based rate authority. Agenda item E-10 may be an order on the refund reports.
E-11 – Essential Power Rock Springs, LLC (Docket Nos. ER14-714-003, ER18-2002-003, EL25-6-000). On August 19, 2024, Essential Power Rock Springs, LLC (Rock Spring) submitted an informational notice pursuant to Schedule 2 of the PJM Interconnection, L.L.C. (PJM) Open Access Transmission Tariff (PJM Tariff) in advance of a proposed transaction in which Q-Generation, LLC (Buyer) will acquire all of the indirect ownership interests in Rock Springs from investment fund vehicles managed or advised by The Carlyle Group Inc. Rock Springs owns a generating facility located in PJM that has a reactive supply and voltage control tariff on file. Agenda item E-11 may be an order relating to the PJM Notice and/or the just and reasonableness of Rock Spring's reactive rate tariff on file with the Commission.
E-12 – Essential Power OPP, LLC (Docket Nos. ER14-714-003, ER18-2002-003, EL25-6-000). On August 19, 2024, Essential Power OPP, LLC (Essential Power OPP) submitted an informational notice pursuant to Schedule 2 of the PJM Interconnection, L.L.C. (PJM) Open Access Transmission Tariff (PJM Tariff) in advance of a proposed transaction in which Q-Generation, LLC (Buyer) will acquire all of the indirect ownership interests in Essential Power OPP from investment fund vehicles managed or advised by The Carlyle Group Inc. Essential Power OPP owns a generating facility located in PJM that has a reactive supply and voltage control tariff on file. Agenda item E-12 may be an order relating to the PJM Notice and/or the just and reasonableness of Essential Power OPP's reactive rate tariff on file with the Commission.
E-13 – Southwest Power Pool, Inc. (Docket No. ER24-1583-001). On March 20, 2024, pursuant to section 205 of the Federal Power Act (FPA) and section 35.13 of the Commission's regulations, Southwest Power Pool, Inc. (SPP) submitted proposed revisions to Attachment J (Recovery of Costs Associated with New Facilities) of its Open Access Transmission Tariff (Tariff) to add Schedule 3 to allow the remaining annual transmission revenue requirement (ATRR) for certain transmission facilities to be entirely allocated on a regional, postage-stamp basis. On May 31, 2024, the Commission issued an order accepting SPP's proposed tariff revisions. Several parties filed requests for rehearing of May 31 order. Agenda item E-13 may be an order on the rehearing requests.
E-14 – Lakewood Cogeneration, L.P. (Docket Nos. ER14-199-003; EL25-11-000). On August 19, 2024, Lakewood Cogeneration, L.P. (Lakewood Cogen), pursuant to Schedule 2 of the PJM Interconnection, L.L.C. (PJM) Open Access Transmission Tariff (PJM Tariff) filed an informational notice in advance of a proposed transaction pursuant to which Q-Generation, LLC (Buyer) will acquire an 80% indirect ownership interest in Lakewood Cogen from investment fund vehicles managed or advised by The Carlyle Group Inc. (The Carlyle Group) or affiliates (Transaction) in Docket No. ER14-199-003. Lakewood Cogen owns an electric generation facility located in the PJM market and has effective revenue requirements for Reactive Supply and Voltage Control from Generator of Other Sources Service (Reactive Service) on file with the Commission. Lakewood Cogen requested a prospective waiver of the 90-day prior notice requirement in Schedule 2 of the PJM Tariff to facilitate the timely consummation of the Transaction. Agenda item E-14 may be an order on Lakewood Cogen's requested waiver of the 90-day notice requirement for its Reactive Service rate and a new related investigation.
E-15 – Bridgeport Energy LLC, Essential Power Massachusetts, LLC, Essential Power Newington, LLC, Essential Power OPP, LLC, Essential Power Rock Springs, LLC, Hamilton Liberty LLC, Hamilton Patriot LLC, Hamilton Projects Acquiror, LLC, Lakewood Cogeneration, L.P., Nautilus Power, LLC, Revere Power, LLC, Rumford Power LLC and Tiverton Power LLC (Docket No. EC24-114-000). On August 23, 2024, Bridgeport Energy LLC, et al. (Applicants) submitted an Application for Order Authorizing Disposition of Jurisdictional Facilities Under Section 203 of the Federal Power Act (FPA) and Requests for Privileged Treatment, Waiver, and Expedited Consideration for a proposed transaction whereby Q-Generation, LLC (Q-Generation) would acquire from CPP II Master, LLC (CPP II Master) all of the membership interests of CPP II Master Holdco, LLC (CPP II Holdco), which currently is indirectly owned by investment fund vehicles managed or advised by The Carlyle Group Inc. or affiliates thereof (Proposed Transaction). On September 13, 2024, Public Citizen, Inc. (Public Citizen) submitted comments that one of the proposed investors Trafigura, a privately-held global commodity trader with primary operations in Geneva, Switzerland, lacks corporate character which conflicts with the congressional directive to only allow those acquisitions that are "consistent with the public interest." Trafigura pled guilty to criminal violations of the U.S. Foreign Corrupt Practices Act for a bribery scheme to Brazilian government officials to secure business with Petrobras and separately agreed to pay a $55 million civil penalty to the U.S. Commodity Futures Trading Commission to settle charges it unlawfully traded gasoline futures while in possession of material nonpublic information it knew had been misappropriated. On September 13, 2024, Old Dominion Electric Cooperative (OEDC) also submitted Limited Comments. ODEC requested clarification that confirmation that the terms of the ODEC's Interconnection Service Agreement (ISA) will continue to apply to Rock Springs, one of the transmission facilities included in the 203 application, despite the indirect upstream change in ownership and that the ODEC ISA will not otherwise be negatively impacted by the Proposed Transaction. On September 23, 2024, Applicants submitted an Answer to ODEC's Limited Comments. Applicants emphasized that they have not sought, and have no intention of seeking, a change to the ODEC ISA as part of the Proposed Transaction or the Application. Applicants restated that the rate on file with the Commission for the Rock Springs Transmission Facilities "cannot be changed without Commission review and acceptance of any proposed rate change" and committed "that the ODEC ISA will continue under its current terms and conditions, with no impact as a result of the [Proposed Transaction]." Agenda item E-15 may be an order on the Bridgeport Energy LLC application.
E-16 – Yaphank Fuel Cell Park, LLC (Docket No. ER22-1804-000). On May 6, 2022, Yaphank Fuel Cell Park, LLC (Yaphank) filed an application for market-based rate authority (MBR Application). On June 27, 2022, the Commission approved the MBR Application, assigning an effective date of July 6, 2022. In response to disclosures in the MBR Application regarding sales made prior to Commission authorization, the MBR Order directed Yaphank to make refunds, with interest, and to submit a refund report describing the basis for and calculation of the refunds paid. Yaphank filed a refund report on August 11, 2022 (Original Refund Report). On January 30, 2024, the Commission Staff informally contacted Yaphank and requested that Yaphank revise its refund calculation and resubmit its refund report in a manner consistent with the instructions and clarifications set forth in in the Commission's Order Rejecting Refund Report and Directing Revised Refund Report dated January 18, 2024, in Docket No. ER21-2722-001 (E. BarreCo Order). In the E. BarreCo Order, the Commission rejected a refund report submitted by E. BarreCo Corp LLC (E. BarreCo), and in particular E. BarreCo's use of aggregated cost methodology in calculating its cost-based refund obligations. On February 20, 2024, Yaphank and its corporate parent FuelCell Energy filed with the Commission a motion to intervene and request for rehearing of the E. BarreCo Order. On June 5, 2024, the Commission issued an Order Addressing Arguments Raised on Rehearing, in which it denied Yaphank's motion to intervene and denied E. BarreCo's own formal request for rehearing. On June 5, 2024, the Commission also formally rejected Yaphank's Original Refund Report and directed Yaphank to "recalculate the refund amounts and make cost-based refunds, with interest, using a month-by-month calculation methodology within 30 days of the date of this order." On June 10, 2024, as supplemented on June 26, 2024, Yaphank filed a revised refund report containing a description of the revised refund amounts calculated pursuant to the Commission's instructions using a month-to-month calculation methodology (Revised Refund Report). On July 1, 2024, Long Island Power Authority d/b/a LIPA (LIPA) filed a motion to intervene and protest to the Revised Refund Report. On August 16, 2024, Yaphank submitted an Amendment to Revised Refund Report and Request for Privileged Treatment. Yaphank indicated that it has been in communication with LIPA had reached certain understandings with respect to the refund report. Agenda item E-16 may be an order on the Revised Refund Report, as amended.
E-17 – Yaphank Fuel Cell Park, LLC (Docket No. ER22-1804-001). On July 5, 2024, Yaphank Fuel Cell Park, LLC (Yaphank) filed a request for rehearing of the order issued by the Commission in Yaphank Fuel Cell Park, LLC, 187 FERC ¶ 61,138 (June 5 Order). Yaphank argued that the Commission erred in interpreting Section 205 of the FPA to allow it to order refunds in the manner set forth in the June 5 Order, particularly where, as here, the refunds ordered resulted in significant economic harm to Yaphank without a commensurate benefit to the public, and required payment of interest for the 664-day time period it took the Commission to issue the June 5 Order. Yaphank argues that the Commission should reconsider its interpretation of Section 205 of the FPA and conclude that the refunds required by the June 5 Order are unjust and unreasonable and should not be imposed. On July 12, 2024, Long Island Lighting Company d/b/a LIPA's (LIPA) filed Limited Answer to Yaphank's Request for Rehearing. LIPA argued that should be rejected because the Commission's authority to order refunds derives from Section 309 rather than Section 205 of the FPA. On July 26, 2024, Yaphank filed a Motion for Leave to Answer and Answer in response to LIPA's July 12th Limited Answer. Yaphank argued that as pointed out its Request for Rehearing the June 5 Order relies on the Commission refund policy as articulated in Prior Notice & Filing Requirements Under Part II of the Fed. Power Act, 64 FERC ¶ 61,139 (1993) (Prior Notice), order on reh'g, 65 FERC ¶ 61,081 (1993). Yaphank argues that Section 309 is not mentioned even once in the Commission's Prior Notice order. The Commission's refund policy articulated in Prior Notice is in turn based on its interpretation of its authority under Section 205 and the June 5 Order rested on the Commission's reading of Section 205's key phrase that "rates or charges shall be just and reasonable" and not that the "necessary and appropriate" power of Section 309. Agenda item E-17 may be an order on Yaphank's Request for Rehearing of the June 5 Order.
E-18 – Southwest Power Pool, Inc. (Docket No. ER24-2520-000). On July 15, 2024, Southwest Power Pool, Inc. (SPP) submitted revisions to Attachment AE of its Open Access Transmission Tariff (SPP Tariff) to add the Multi-Day Economic Commitment (MDEC) process. On August 5, 2024, Sierra Club, Natural Resources Defense Council, and Sustainable FERC Project (Public Interest Organizations) submitted comments and Limited Protest to the SPP Tariff revisions. The PIOs expressed their support of the apparent intent behind SPP's effort here: uneconomic dispatch resulting from self-scheduling of generators with long lead times costs ratepayers huge amounts of money and curtailed large quantities of production from low-cost renewable resources and the MDEC process will reduce self-commitment of Long-Lead Time Resources in the day ahead (DA) market. However, the PIOs voiced two concerns, first they argued that SPP did not provide an adequate explanation of the mechanisms by which self-scheduling will be reduced in the MDEC process. Second, the PIOs are concerned that SPP has not identified or mitigated the risk that improper or overly aggressive economic forecasting could result in the MDEC Process procuring power from far more Long-Lead Time Resources than actually will be economically useful, which could both cause such resources to crowd out other resource types, and could result in significant make-whole payments that SPP ratepayers would then need to fund. On August 5, 2024, the SPP Market Monitoring Unit ("MMU") filed a Motion to Intervene and Protest. The MMU Protest alleged that SPP's MDEC proposal is unjust and unreasonable because the MDEC process considers economic Offers instead of mitigated Offers, which will be used in make whole payments. On August 26, 2024, SPP filed a Motion for Leave to Answer and Answer to the MMU Protest and the PIO's Comments and Limited Protest. Agenda item E-18 may be an order on the proposed MDEC SPP Tariff revisions.
Hydro
H-1 – Establishment of Categorical Reasonable Period of Time for Action on Requests for Water Quality Certification under Section 401(a)(1) of the Clean Water Act and Clarifying Types of Hydroelectric Project Proceedings that May Require Water Quality Certification (Docket No. RM24-5-000). On May 23, 2024, the Commission published a notice of proposed rulemaking (NOPR) to amend its regulations to clarify that for all proceedings before the Commission that require a water quality certification pursuant to Section 401(a)(1) of the Federal Water Pollution Control Act (Clean Water Act), the reasonable period of time during which the certifying authority may act on the water quality certification request is one year from the certifying authority's receipt of the request. The Commission also proposes in the NOPR to clarify that all Commission authorizations that have the potential to discharge into waters of the United States require a Section 401 water quality certification or waiver, including hydropower exemptions, amendments, and surrenders. Comments generally supporting the NOPR were filed by the National Hydropower Association, Inc., the Hydropower Reform Coalition, the Maryland Department of the Environment, the Idaho Department of Environmental Quality, and the Oregon Department of Environmental Quality. Agenda item H-1 may be a final rule that amends the Commission's regulations consistent with the proposed amendments and clarifications proposed in the NOPR.
H-2 – York Energy Storage LLC (Docket No. P-15332-000). On November 14, 2023, York Energy Storage, LLC (York), filed an application for a preliminary permit (Preliminary Permit Application), pursuant to Section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the York Energy Storage Waterpower Project to be located near Lake Clarke, formed by the Safe Harbor Dam on the Susquehanna River, and Chanceford Township in York County, Pennsylvania. The proposed project would consist of the following: (1) a 9,800-foot-long, 225-foot-high dam, a 700-foot-long, 95-foot-high dike, and a 1,300-foot-long, 35-foot-high dike, creating an upper reservoir with a 580-acre surface area and a 26,000-acre-foot storage capacity at a normal pool elevation of 680 feet North American Vertical Datum of 1988 (NAVD88); (2) a 150-foot-long, 50-foot-wide concrete-lined emergency spillway at the east end of the upper reservoir; (3) utilization of Lake Clarke as a lower reservoir with a 7,360-acre surface area and a 144,000-acre-foot storage capacity at a normal pool elevation of 227.2 feet NAVD88; (4) a 44-foot-diameter shaft and tunnel trifurcating into three 20-foot-diameter steel-lined tunnels; (5) a 1,000-foot-long, 250-foot-wide, 50-foot-high underground powerhouse containing three 286-megawatt (MW) reversible pumping-generating units with a total installed capacity of 858 MW; (6) a 1,500-foot-long powerhouse access tunnel, an 18-foot-diameter vent, and cable shaft; (7) three concrete-lined tunnels leading to an outlet structure in Lake Clarke; (8) a 2,000-foot-long, 100-foot-wide porous dike, serving as part of the intake structure for fish protection, situated at the edge of Lake Clarke; (9) a 250-foot-long, 250-foot-wide above-ground switchyard; (10) a 3-mile-long, 500-kilovolt transmission line from a proposed switchyard to the Safe Harbor Substation in Manor Township, Lancaster County, Pennsylvania; and (11) appurtenant facilities. The proposed project would have an annual generation of 1,500,000 megawatt-hours. On January 5, 2024, the Commission's Office of Energy Projects issued a letter (Deficiency Letter) to York notifying it that the Preliminary Permit Application was deficient because the Preliminary Permit Application did not include the mailing addresses of York and Lancaster counties, as required by Section 4.32(a)(2)(i) of the Commission's regulations. The Deficiency Letter asked York to provide such information, as well as a revised drawing of the proposed project boundary that includes a legend or annotated remarks corresponding to the color-coded areas included therewith. On January 16, 2024, York filed a revised Preliminary Permit Application that addressed the two points raised in the Deficiency Letter. On February 1, 2024, the Commission issued (i) a letter accepting the Preliminary Permit Application (as supplemented by York in response to the Deficiency Letter) and (ii) a notice of the accepted Preliminary Permit Application that solicited comments, motions to intervene, and competing applications. Numerous comments and motions to intervene were subsequently filed in this proceeding in response to the Commission's February 1, 2024 notice. Agenda item H-2 may be an order on the Preliminary Permit Application.
H-3 – Pacific Gas and Electric Company (Docket No. P-77-321). On February 22, 2024, Pacific Gas and Electric Company (PG&E), licensee for the 9.4-megawatt (MW) Potter Valley Hydroelectric Project No. 77 located on the East Branch Russian River and Eel River in Lake and Mendocino Counties, California, requested that the Commission approve a temporary variance of the flow and irrigation release requirements set forth in license Article 52. According to PG&E, that temporary variance would allow it to manage reduced reservoir storage in Lake Pillsbury as a result of a seismic-related storage restriction and to ensure it has adequate water storage capacity to provide flows necessary for the protection of federally-listed threatened species. On June 27, 2024, the Commission issued an order (Temporary Variance Order) approving the temporary variance on flow requirements requested by PG&E. On July 29, 2024, the City of Ukiah, California requested rehearing of the Temporary Variance Order (Rehearing Request), asserting that the Commission erred by (i) relying on a 24-year-old environmental impact statement that completely fails to take the required "hard look" at impacts to the Upper Russian River caused by reductions in the delivery of water from the Eel River to the Russian River through the Potter Valley Project and (ii) misrepresenting the facts in the record to downplay the Temporary Variance Order's impacts to the Upper Russian River. The Commission denied the Rehearing Request by operation of law by order issued August 29, 2024 (Rehearing Order), but provided that the Rehearing Request will be addressed in a future order. Agenda item H-3 may be an order on the Rehearing Request.
Certificates
C-1 – Natural Gas Pipeline Company of America LLC (Docket No. CP24-8-000). On October 18, 2023, Natural Gas Pipeline Company of America LLC (Natural) filed an application (Application) with the Commission seeking authorization to construct, install, modify, operate, and maintain the Texas-Louisiana Expansion Project (Project). Specifically, the Project would consist of the construction of a new 18,340 horsepower (hp) compressor unit, uprate the horsepower at two existing compressor station units by 1,600 hp each (totaling 3,200 hp), and re-wheel four existing compressor station units. According to Natural's Application, these upgrades would increase firm capacity for growing energy needs in the area served by Segment 25 of Natural's existing Louisiana Line, which consists of two 30-inch-diameter pipelines that extend southeast from existing Compressor Station 302 in Montgomery County, Texas to existing Compressor Station 343 in Liberty, County Texas, and terminate at the end of Natural's system in Vermilion Parish, Louisiana. Commission staff issued an Environmental Assessment (EA) on June 6, 2024, concluding that approval of the proposed Project would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-1 may be an order on the Application.
C-2 – Rover Pipeline LLC (Docket No. CP24-88-000). On March 8, 2024, Rover Pipeline LLC (Rover) filed an application (Application) with the Commission seeking authorization to construct, own, and operate a new pipeline delivery point interconnection (the Rover-Bulger Delivery Meter Station) at Rover's existing Bulger Compressor Station at milepost 0.0 of Rover's Burgettstown Lateral in Washington County, Pennsylvania. Commission staff issued an Environmental Assessment (EA) on June 6, 2024, concluding that approval of the proposed delivery point interconnection 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. Commission staff issued an Environmental Assessment (EA) on July 15, 2024, concluding that approval of the proposed delivery point interconnection would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-2 may be an order on the Application.
C-3 – Elba Liquefaction Company, L.L.C. and Southern LNG Company, L.L.C. (Docket No. CP23-375-000). On April 28, 2023, Elba Liquefaction Company, L.L.C. (ELC) and Southern LNG Company, L.L.C. (SLNG) filed a joint application (Joint Application) requesting authorization, pursuant to Section 3 of the Natural Gas Act, to amend existing authorizations under CP14-103-000, originally approved by the Commission on June 1, 2016 (2016 Order). Specifically, ELC and SLNG propose to modify certain Movable Modular Liquefaction System (MMLS) Dehydration and Heavies Removal units that would reduce the fouling rate in the liquefaction units, reduce the resultant flaring events associated with cold box deriming, and therefore allow the MMLS units to operate in an optimized condition for longer periods of time without fouling, all within SLNG's existing Elba Island liquefied natural gas (LNG) terminal (Terminal) in Chatham County, Georgia. According to the Joint Application, ELC and SLNG would make modifications to ten (10) MMLS Dehydration and Heavies Removal units; construct and operate a new condensate plant; install three new liquid nitrogen vaporizers; and increase the total liquefaction capacity of the MMLS units up approximately 0.4 million tonnes per annum (MTPA) from 2.5 to 2.9 MTPA (collectively, the Elba Liquefaction Optimization Project). Commission staff issued an Environmental Assessment (EA) on March 8, 2024, concluding that approval of the Elba Liquefaction Optimization Project would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-3 may be an order on the Joint Application.
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