Below are limited summaries of the agenda items for the Federal Energy Regulatory Commission's October 15, 2020 meeting, pursuant to the agenda issued on October 8, 2020. Due to an unforeseen technological issue with the FERC eLibrary database, originating on Friday, October 9, and persisting through the Columbus Day federal holiday, a large number of the proceedings identified in the October 8th Sunshine Act Meeting Notice were inaccessible. Because we are unable to obtain the documents necessary to complete summaries of all of the agenda items, we are providing this partial selection of agenda item summaries completed in the preceding interval.
In this issue…
- Electric Items
- Miscellaneous Items
- Gas Items
- Hydro Items
- Certificate Items
Electric
Not included due to external technical issues.
Miscellaneous
M-1 – Carbon Pricing in Organized Wholesale Electricity Markets (Docket No. AD20-14-000). On April 13, 2020, a number of associated industry groups (the Interested Parties) submitted a Request for Technical Conference regarding carbon pricing in Commission-jurisdictional organized regional wholesale electric energy markets. Interested Parties requested that the Commission conduct a technical conference in order to evaluate the potential mechanisms available to price carbon on a state, regional, or national level, as well as the attendant compliance costs that may arise from such programs. Additionally, Interested Parties clarified that their request did not implicitly lend itself to a rulemaking proceeding, but rather that the technical conference would facilitate a dialogue centered on carbon pricing at a juncture when certain organized markets are considering how to incorporate such mechanisms. In the intervening comment period, many other stakeholders and elected officials, including US Senators, indicated support for a technical conference. On September 30, 2020, the Commission convened the technical conference featuring prepared remarks and comments from a range of participants and subject matter experts. During the technical conference, parties generally agreed that the Commission has the legal authority to implement a carbon price. However, the distinction between a directive to regional grid operators (of which the Commission holds jurisdiction) and a unilateral mandate remained, with some legal participants questioning if the Commission could implement a broad tariff. Most unresolved items from the technical conference pertain to jurisdiction rather than potential implementation of a carbon price. Agenda item M-1 may be an order initiating a proposed rulemaking proceeding stemming from the carbon pricing technical conference.
Gas
Not included due to external technical issues.
Hydro
H-1 – United Water Conservation District (Docket No. P-2153-067). On June 17, 2019, the United Water Conservation District (UWCD) sought approval for its Habitat Improvement Plan (Plan) related to UWCD's license for the Santa Felicia Hydroelectric Project No. 2153, located on Piru Creek in Ventura County, California. On April 27, 2020, the Commission issued an order modifying and approving the Plan (April 27 Order). On May 27, 2020, the National Marine Fisheries Service (NMFS) requested rehearing of the April 27 Order. Agenda item H-1 may be an order on the NMFS' request for rehearing.
H-2 – Warrior Hydro, LLC (Docket No. P-15022-000). On January 28, 2020, pursuant to section 4(f) of the Federal Power Act (FPA), Warrior Hydro, LLC (Warrior Hydro) submitted an application for a preliminary permit, proposing to study the feasibility of a hydropower project to be located at the U.S. Army Corps of Engineers' William Bacon Oliver Lock and Dam on the Black Warrior River near the towns of Tuscaloosa and Northport in Tuscaloosa County, Alabama. Agenda item H-2 may be an order on Warrior Hydro's preliminary permit application.
H-3 – KEI (Maine) Power Management (III) LLC (Docket No. P-2808-018). On April 15, 2020, the Commission issued an order approving a subsequent license for KEI (Maine) Power Management (III) LLC's (KEI Power) continued operation and maintenance of the 1.5 MW Barker's Mill Hydroelectric Project No. 2808, located on the Little Androscoggin River, in the City of Auburn, Androscoggin County, Maine (April 15 Order). On May 15, 2020, KEI Power requested rehearing of the April 15 Order. Agenda item H-3 may be an order on KEI Power's request for rehearing.
H-4 – FirstLight CT Housatonic LLC (Docket No. P-2576-187). On November 26, 2019, as supplemented on January 24, 2020, FirstLight CT Housatonic LLC (FirstLight), licensee for the Housatonic River Project No. 2576 requested authorization to allow the Tax District of Candlewood Isle to install additional boat slips at its facilities on Candlewood Isle in Candlewood Lake, in New Fairfield, Connecticut. Agenda item H-4 may be an order on FirstLight's application.
H-5 – Boyce Hydro Power LLC (Docket Nos. P-2785-100, P-10809-048, P-10810-054). On September 21, 2020, Boyce Hydro Power, LLC (BHPLLC) filed an emergency motion for a stay of compliance with various Commission letter orders issued in Summer 2020 related to, inter alia, dam safety directives and the federal interagency Endangered Species Action Section 7 consolation process. Agenda item H-5 may be an order on BHPLLC's motion for stay.
Certificates
C-1 – Texas Eastern Transmission, LP (Docket No. CP20-30-000). On December 19, 2019, pursuant to section 7(c) of the Natural Gas Act (NGA), Texas Eastern Transmission, LP (Texas Eastern) submitted an application for its proposed Middlesex Extension Project (Middlesex Extension Project). Texas Eastern's application requested: (1) authorization to construct, install, own, and operate pipeline facilities to provide natural gas transportation to interconnects with Transcontinental Gas Pipe Line Company, LLC's (Transco) Mainline system and Transco's existing Woodbridge Lateral for ultimate delivery to a generation facility owned by CPV Shore Holdings, LLC and located in Woodbridge Township, New Jersey; (2) authority to establish initial incremental recourse rates for firm and interruptible transportation service on the Middlesex Extension Project; and (3) any waivers, authority, and further relief as may be necessary to implement the proposal contained in the application. On May 21, 2020, Commission staff issued a final environmental assessment for the Middlesex Extension Project. Agenda item C-1 may be an order on Texas Eastern's application.
C-2 – Port Arthur Pipeline, LLC (Docket No. CP20-21-000). On December 9, 2019, pursuant to section 7(c) of the NGA, Port Arthur Pipeline LLC (Port Arthur) submitted an application requesting an amendment to the certificate of public convenience and necessity granted by the Commission on April 18, 2019 in Docket No. CP18-7-000 authorizing Port Arthur Pipeline to construct, own, and operate a new natural gas pipeline system (Louisiana Connector Project). Port Arthur's proposed amendment, inter alia, seeks approval to relocate a compressor station from a location in Allen Parish, Louisiana to a location in Beauregard Parish, Louisiana. On May 8, 2020, Commission staff issued an environmental assessment for the amendment to the certificate for the Louisiana Connector Project. Agenda item C-2 may be an order on Port Arthur's amendment application.
C-3 – ANR Pipeline Company (Docket No. CP20-1-001). On July 20, 2020, pursuant to Section 7(c) of the NGA, ANR Pipeline Company (ANR) submitted an application for an amendment to the certificate of public convenience and necessity issued on March 19, 2020, related to the interim lease by ANR of base gas owned by Mid Michigan Gas Storage Company (Mid Michigan) in the Austin, Goodwell, Lincoln-Freeman, Loreed, and Reed City storage fields. ANR's proposed amendment, inter alia, seeks to amend the Lease of Base Gas Agreement between ANR and Mid Michigan. On July 23, 2020, Commission staff issued an environmental assessment report for ANR's proposed certificate amendment. Agenda item C-3 may be an order on ANR's amendment application.
C-4 – Double E Pipeline, LLC (Docket Nos. CP19-495-000, CP19-495-001). On May 22, 2020, the Commission issued an order denying late intervention in a proceeding related to Double E Pipeline, LLC's (Double E) application requesting authorization under section 7(c) of the NGA to construct and operate its Double E Pipeline Project (May Order). On June 9, 2020, WildEarth Guardians, the Sierra Club, and Western Environmental Law Center requested rehearing of the May Order. On July 9, 2020, the Commission issued a Notice of Denial of Rehearing by Operation of Law (July Notice) stating that the rehearing request filed in the proceeding will be addressed in a future order. Agenda item C-4 may be the future order referenced in the Commission's July Notice.
C-5 – Gulf South Pipeline Company, LLC (Docket No. CP19-125-001). On March 19, 2020, the Commission issued a certificate order that authorized Gulf South Pipeline Company, LP's (Gulf South) construction and operation of its Index 99 Expansion Project located in Texas and Louisiana (March Order). On April 3, 2020, Gulf South requested clarification of scope of the accounting requirements of the Commission's March Order. Agenda item C-5 may be an order on Gulf South's request for clarification.
C-6 – Midship Pipeline Company, LLC (Docket Nos. CP17-458-002; CP19-17-001). On August 29, 2019, various landowners requested rehearing of letter orders issued by Commission staff related to Midship Pipeline Company's construction activities for the Midcontinent Supply Header Interstate Pipeline Project. Agenda item C-6 may be an order on the landowners' petition for rehearing.
C-7 – Mountain Valley Pipeline, LLC (Docket Nos. CP16-10-000, CP19-477-000). Agenda item C-7 may be an order related to Mountain Valley Pipeline, LLC's (Mountain Valley) construction of the Mountain Valley Pipeline Project.
C-8 – Mountain Valley Pipeline, LLC (Docket No. CP16-10-006), Equitrans, LP (Docket No. CP16-13-000). Agenda item C-8 may be an order regarding Mountain Valley's construction of the Mountain Valley Pipeline Project and Equitrans, LP's construction of its interconnecting Equitrans Expansion Project.
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