Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on October 17, 2024, pursuant to the sunshine notice released on October 10, 2024.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate Items
Electric
E-1 – Applications for Permits to Site Interstate Electric Transmission Facilities (Docket No. RM22-7-001). On June 12, 2024, the Louisiana Public Service Commission, Pennsylvania Public Utility Commission, New York State Public Service Commission, Earthjustice, Environmental Defense Fund, Natural Resources Defense Council, Sierra Club, Sustainable FERC Project, Union of Concerned Scientists, WE ACT for Environmental Justice, and the Yurok Tribe (together Public Interest Organizations) filed requests for rehearing of the Commission's May 13, 2024 rule, Order No.1977. In Order No. 1977, the Commission has adopted rules for permits to site electric transmission facilities under the limited circumstances provided by the Infrastructure Investment and Jobs Act of 2021 (IJA) as it amended Section 216 of the Federal Power Act (FPA). On July 15 ,2024, the Commissions filed a Notice of Denial of Rehearing by Operation of Law and Providing for Further Consideration. Agenda item E-1 may be an order on the various rehearing requests of Order No. 1977.
E-2 – Compensation for Reactive Power Within the Standard Power Factor Range (Docket No. RM22-2-000). On March 21, 2024, the Commission issued a Notice of Proposed Rulemaking (NOPR) on Compensation for Reactive Power Within the Standard Power Factor Range. The Commission proposed to revise Schedule 2 of its pro forma open-access transmission tariff (pro forma OATT), section 9.6.3 of its pro forma large generator interconnection agreement (LGIA), and section 1.8.2 of its pro forma small generator interconnection agreement (SGIA) to prohibit the inclusion in transmission rates of unjust and unreasonable charges related to the provision of reactive power within the standard power factor range by generating facilities. Over thirty parties filed comments to the NOPR. Agenda item E-2 may be an order on the NOPR.
E-3 – Fern Solar LLC (Docket No. ER20-2186-003, EL20-62-001). On June 26, 2020, Fern Solar LLC (Fern Solar) submitted for filing pursuant to section 205 of the Federal Power Act its Rate Schedule FERC No. 1 for the provision of Reactive Supply and Voltage Control from Generation Sources Service, as that service is defined in Schedule 2 of the Open Access Transmission Tariff of PJM Interconnection L.L.C. (PJM). The Fern Solar Facility (Facility) is a 100 MW solar photovoltaic (PV) generating facility located in Edgecombe County, North Carolina. Fern Solar requested an effective date of August 1, 2020. On August 25, 2020, the Commission issued the Order Accepting Proposed Rate Schedule, Instituting Section 206 Proceeding, and Establishing Hearing and Settlement Judge Procedures. In that order, the Commission also granted the interventions by the Independent Market Monitor for PJM (IMM), PJM, Dominion Energy Services, Inc., Old Dominion Electric Cooperative, and Northern Virginia Electric Cooperative. The Commission also noted that "Fern Solar did not provide underlying support for the costs claimed for its Facility. On March 18, 2022, the Chief Judge adopted a procedural schedule, pursuant to which the participants filed testimony and prepared for hearing.6 On December 2, 2022, the Presiding Judge conducted the final virtual prehearing conference and on December 12, 2022, the hearing commenced, with sixteen days of hearing concluding on January 13, 2023. The Presiding Judge issued his Initial Decision on April 13, 2023. On May 15, 2023, the IMM, Fern Solar, Northern Virginia Electric Cooperative, Old Dominion Electric Cooperative, Commission Trial Staff submitted their Brief on Exceptions to the Commission's Initial Decision issued in April 14, 2023. On June 5, 2023, Fern Solar, Commission Trial Staff, Northern Virginia Electric Cooperative, Old Dominion Electric Cooperative submitted their individual Briefs Opposing Exceptions. Agenda item E-3 may be an order on the President Judge's April 13, 2023 Initial Decision.
E-4 – Association of Businesses Advocating Tariff Equity, et al. v. Midcontinent Independent System Operator, Inc. et al. Arkansas Electric Cooperative Corporation, et al. v. ALLETE, Inc., et al. (Docket Nos. EL14-12-016, EL15-45-015). The relevant sub-dockets have not been populated yet in FERC's eLibrary. The preceding sub-dockets, Dockets Nos. EL14-12-015 and EL15-45-014, included the Commission's Order No. 569-B, which was issued on November 19, 2020. In Order No. 569-B, the Commission corrected certain inputs to the Risk Premium (Risk Premium) model that was approved in Opinion No. 569-A, which applied a revised methodology Risk Premium model under both prongs of the analysis for analyzing the challenged return on equity (ROE) component under section 206 of the Federal Power Act (FPA). On January 8, 2021, in Docket Nos. EL14-12-015 and EL15-45-014 the Association of Businesses Advocating Tariff Equity Coalition of MISO Transmission Customers, Illinois Industrial Energy Consumers, Indiana Industrial Energy Consumers, Inc., Minnesota Large Industrial Group, Wisconsin Industrial Energy Group, American Municipal Power, Inc., Cooperative Energy, Hoosier Energy Rural Electric Cooperative, Inc., Mississippi Public Service Commission, Missouri Public Service Commission, Missouri Joint Municipal Electric Utility Commission, Organization of MISO States, Inc., Missouri Joint Municipal Electric Utility Commission, Organization of MISO States, Inc., Southwestern Electric Cooperative, Inc.; and Wabash Valley Power Association, Inc. (collectively, Petitioners) provided notice to the Commission of Petitioner's Petition for Review filed in U.S. Court of Appeals for D.C. Circuit on December 23, 2020 for Orders No. 551, 569, 569-A, and 569-B. Agenda item E-4 may be related to the Order No. 569 progeny.
E-5 – GridLiance High Plains LLC (Docket No. ER24-2033-000). On May 16, 2024, GridLiance High Plains LLC (GridLiance) submitted a compliance filing, pursuant to Order No. 2023 and Order No. 2023-A, with respect to revisions of the eTariff records of the GridLiance Open Access Transmission Tariff (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, GridLiance 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-5 may be an order on GridLiance's compliance filing.
E-6 – Cheyenne Light, Fuel and Power Company (Docket No. ER24-1906-000). On May 16, 2024, and as supplemented on May 17, 2024, Cheyenne Light, Fuel and Power Company (Cheyenne Light) submitted a compliance filing, pursuant to Order No. 2023 and Order No. 2023-A, with respect to revisions of the eTariff records of the Cheyenne Light 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, Cheyenne Light proposed to revise its LGIP, LGIA, SGIP, and SGIA. On August 9, 2024, Cheyenne Light filed a motion for issuance of an order. Agenda item E-6 may be an order on Cheyenne Light's compliance filing.
E-7 – Deseret Generation & Transmission Co-operative, Inc. (Docket No. ER24-2039-000). On May 16, 2024, Deseret Generation & Transmission Co-operative, Inc. (Deseret) submitted a compliance filing, pursuant to Order No. 2023 and Order No. 2023-A, with respect to revisions of the eTariff records of the Deseret 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, Deseret proposed to revise its LGIP, LGIA, SGIP, and SGIA. Agenda item E-7 may be an order on Deseret's compliance filing.
E-8 – Tucson Electric Power Company (Docket No. ER24-2037-000). On May 16, 2024, Tucson Electric Power Company (TEP) submitted a compliance filing, pursuant to Order No. 2023 and Order No. 2023-A, with respect to revisions of the eTariff records of the TEP 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, TEP proposed to revise its LGIP, LGIA, SGIP, and SGIA. Agenda item E-8 may be an order on TEP's compliance filing.
E-9 – GridLiance Heartland LLC (Docket No. ER24-2034-000). On May 16, 2024, GridLiance Heartland LLC (GridLiance Heartland) submitted a compliance filing, pursuant to Order No. 2023 and Order No. 2023-A, with respect to revisions of the eTariff records of the GridLiance Heartland 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, GridLiance Heartland proposed to revise its LGIP, LGIA, SGIP, and SGIA. Agenda item E-9 may be an order on GridLiance Heartland's compliance filing.
E-10 – Chalk Point Power, LLC, Dickerson Power, LLC, and Lanyard Power Marketing, LLC (Docket No. EC24-79-000). On May 20, 2024, Chalk Point Power, LLC, Dickerson Power, LLC, and Lanyard Power Marketing (collectively, Applicants) submitted an application, pursuant to Section 203(a)(1) of the Federal Power Act (FPA), to request Commission authorization necessary to effectuate a transaction between by which Terrapin Power, LLC will acquire from Osprey Energy Holdings, LLC 100 percent of the membership interests in Osprey Power, LLC (Osprey Power), which indirectly owns 100 percent of the outstanding membership interests in the Applicants. The proposed transaction follows a prior transaction, approved by the Commission on December 18, 2023, whereby Osprey Power acquired a 100 percent interest in the Applicants and certain affiliates. The prior transaction was consummated on January 1, 2024. The Commission also established FPA Section 206 proceedings to examine the reactive power rates for each of Chalk Point Power and Dickerson Power. On June 10, 2024, the Independent Market Monitor for PJM Interconnection (the IMM) filed comments, stating that it does not oppose the proposed transaction provided that the Commission ensure the Applicants adhere to commitments that encourage competitive behavior in the PJM market. Namely, the IMM recommended that the Commission: 1) prohibit the submission of price-based offers that intersect, or cross, the cost-based offer for the resource; 2) require physical operating parameters identical to parameter limited schedules; and 3) require market seller offer caps equal to net avoidable cost. On June 20, 2024, Applicants filed an answer to the IMM comments, contending that the potential behavioral commitments were beyond the scope of this proceeding and would more appropriately be addressed in a docket aimed at broader market design issues in PJM, not related to a specific transaction. On July 25, 2024, Applicants filed a request for prompt action on the application. Agenda item E-10 may be an order on the application.
E-11 – Public Service Company of Colorado (Docket Nos. ER13-75-013, ER15-416-003), Tucson Electric Power Company (Docket Nos. ER13-77-012, ER15-433-003), UNS Electric Inc. (Docket Nos. ER13-78-013, ER15-434-003), Public Service Company of New Mexico (Docket Nos. ER13-79-011, ER15-413-003), Arizona Public Service Company (Docket Nos. ER13-82-011, ER15-411-008), El Paso Electric Company (Docket Nos. ER13-91-010, ER15-426-003), Black Hills Power, Inc. (Docket Nos. ER13-96-011, ER15-431-003), Black Hills Colorado Electric Utility Company, LP (Docket Nos. ER13-97-011, ER15-430-003), NV Energy, Inc. (Docket No. ER13-105-007), Nevada Power Company (Docket Nos. ER15-423-003, ER15-428-005), Sierra Pacific Power Company (Docket No. ER15-424-003), Cheyenne Light, Fuel & Power Company (Docket Nos. ER13-120-011, ER15-432-003), Basin Electric Power Cooperative, Inc. (Docket No. EL25-4-000), Tri-State Generation and Transmission Association, Inc. (Docket No. EL25-2-000), Deseret Generation & Transmission Co-operative, Inc. (Docket No. EL25-3-000). The sub-dockets listed in agenda item E-11 have not been populated in the formal record. The public utilities listed in the above-captioned dockets are transmission providers in WestConnect and, accordingly, must comply with the requirements of Order No. 1000 as issued by the Commission in 2011. From 2016 through 2018, the public utilities argued against the potential free ridership of non-public utilities in WestConnect with respect to regional cost allocation for specific regional transmission projects. Ultimately, the Fifth Circuit Court vacated and remanded certain aspects of the Commission's respective compliance orders on the public utilities' Order No. 1000 filings, resulting in an order on remand issued on November 16, 2017 whereby the Commission affirmed its approach for non-public utility transmission providers to participate in the regional cost allocation process due to incentives in the WestConnect framework. The Commission stated that, even if a non-public utility transmission provider declines cost allocation for a project, the project will only be eligible for regional cost allocation if it produces benefits to public utility transmission providers that outweigh the costs, leading to just and reasonable rates. Based on prior activity in preceding sub-dockets, agenda item E-11 may relate to the cost allocation process in the WestConnect transmission planning region and the continued justness and reasonableness of rates by the public utilities.
E-12 – Lackawanna Energy Center LLC v. PJM Interconnection, L.L.C. (Docket No. EL24-64-001). On January 25, 2024, Lackawanna Energy Center LLC (Lackawanna) submitted a complaint, pursuant to Sections 206, 306, and 309 of the FPA, against PJM Interconnection, L.L.C. (PJM). In the complaint, Lackawanna asserted that PJM inappropriately curtailed its output from May 19, 2023 through June 10, 2023 in connection with a planned outage of the Juniata-Sunbury 500 kV transmission line. PJM informed Lackawanna that the pre-planned outage could create stability constraints that would require PJM to curtail the output of specific, stability-limited generators including itself. In the complaint, Lackawanna requested that the Commission direct PJM to reimburse Lackawanna the lost opportunity costs stemming from the curtailment, which reduced Lackawanna's output by 30 to 60 percent daily during the three-week period. According to Lackawanna, the PJM OATT entitles generators to lost opportunity cost payments if their output is reduced following a directive from PJM. On February 23, 2024, PJM filed an answer to the complaint, contending that Lackawanna sought to operate above its PJM-assigned stability limit which would have potentially damaged Lackawanna's own generating resource. In the answer, PJM reiterates that Lackawanna would have violated the prohibition to pay lost opportunity costs when units are backed down to honor stability limits in accordance with effective language in the PJM OATT and Amended and Restated Operating Agreement of PJM. Further, PJM stated that the Commission issued an order in February of 2022 accepting the language in the OATT whereby PJM stated that there is no lost opportunity when units are backed down for stability limitations, and that there is no nuance afforded to any potential discrepancy in defining a stability limitation. On May 23, 2024, the Commission issued an order denying the complaint by Lackawanna, finding that the PJM OATT does not provide for Lackawanna to receive lost opportunity cost payments in the circumstances of the outage raised in this proceeding. On June 21, 2024, Lackawanna filed a request for rehearing of the May 23 order. Agenda item E-12 may be an order on the request for rehearing.
E-13 – PJM Interconnection, L.L.C. (Docket No. ER24-99-003). On October 13, 2023, PJM Interconnection, L.L.C. (PJM) submitted proposed reforms, pursuant to Section 205 of the FPA, to its OATT and Reliability Assurance Agreement Among Load Serving Entities (RAA) intended to enhance resource adequacy (RA) risk modeling and capacity accreditation processes under its Reliability Pricing Model (RPM). In the filing, PJM stated that the reforms would improve the market signals conveyed by its capacity market by better aligning the market representation of capacity supply and demand with expected resource performance and system RA risks. PJM requested that the reforms become effective on December 12, 2023, in order to provide sufficient notice to market participants in advance of pre-auction deadlines for the 2025/2026 Delivery Year Base Residual Auction (BRA). A number of parties and stakeholders filed motions to intervene during the ensuing comment period. On October 20, 2023, the Independent Market Monitor for PJM (the IMM) filed a motion for extension, shortened answer period, and expedited action. On October 23, 2023, PJM filed an answer to the IMM motion, requesting that the Commission maintain the original comment deadline of November 3, 2023. Several parties, including utilities, filed answers to the October 20 motion in support of the IMM. On October 27, 2023, the Commission issued a notice extending the comment deadline to November 9, 2023. On November 9, 2023, multiple parties ranging from utilities, environmental advocates, state offices of counsel, and the IMM filed respective protests to the reforms proposed by PJM. A common refrain among the protests pertained to the market seller offer cap (MSOC), which, if implemented, may permit the exercise of market power. Other protests asserted that, while the changes to the effective load carrying capability (ELCC) would be positive, it is necessary to ensure that the use of historical data would not sufficiently account for emerging climate trends. Another protest contended that calculating the Non-Performance Charge stop-loss limit using the BRA clearing price rather than the Net Cost of New Entry would undermine reliability and diminish incentives under certain market circumstances. On January 30, 2024, the Commission issued an order accepting the proposed Tariff revisions subject to the condition that PJM submit a compliance filing 30 days thereafter. On February 29, 2024 and March 1, 2024, respectively, a number of parties filed requests for rehearing of the January 30 order. Agenda item E-13 may be an order on the requests for rehearing.
E-14 – Southwest Power Pool, Inc. (Docket No. ER24-1221-001). On February 9, 2024, Southwest Power Pool, Inc. (SPP) submitted a compliance filing, pursuant to Section 206 of the FPA and an order previously issued by the Commission, to revise Section 4 of Attachment AA of the SPP OATT. In the originating Commission order, SPP was instructed to submit a compliance filing with proposed Tariff revisions containing information as to how SPP uses the Loss of Load Expectation (LOLE) study to determine the Planning Reserve Margin (PRM) for generating capacity and a timeline for implementation in advance of the planning year. On March 1, 2024, American Electric Power Service Corporation, et al. (collectively, AEP) filed a protest, asserting that SPP failed to furnish sufficient information in its proposal and that the Commission should direct SPP to commence a stakeholder process prior to effectuating any OATT revisions. Additionally, the protest stated that, by raising the PRM from 12 percent to 15 percent, SPP exposed customers to the cost of deficiency payments in the scenario that a Load Responsible Entity could not meet the deadline. On May 23, 2024, the Commission issued an order on the compliance filing, finding that SPP partially complied with the directives in the prior order, and directing SPP to submit a further compliance filing 30 days thereafter. Namely, the Commission determined that SPP had not fully explained how it would utilize the LOLE study to determine the PRM. On June 21, 2024, SPP submitted the compliance filing as instructed in the May 23 order. On July 12, 2024, AEP filed a protest of the second compliance filing, arguing that SPP failed to comprehensively detail how it will use the LOLE study results to determine the PRM. Agenda item E-14 may be an order on the June 21 compliance filing by SPP.
E-15 – North American Electric Reliability Corporation (Docket No. RR24-5-000). On August 23, 2024, the North American Electric Reliability Corporation (NERC) submitted a request for acceptance of the 2025 Business Plans and Budgets for NERC, the six Regional Entities, and the Western Interconnection Regional Advisory Body. In addition, the filing requested approval of the proposed assessments to fund the respective 2025 budgets. As specified in Section 215 of the FPA, the Business Plan and Budget for NERC is organized based on its statutory program areas: (1) Reliability Standards and Power Risk Issues and Strategic Management (PRISM); (2) Compliance Assurance and Organization Registration and Certification, and Compliance Enforcement; (3) Reliability Assessments and Performance Analysis (RAPA); (4) Situation Awareness; (5) Event Analysis; (6) E-ISAC, including CRISP; (7) Personnel Certification and Credential Maintenance; and (8) Training and Education. Agenda item E-15 may be an order on the proposed 2025 Business Plans and Budgets.
Gas
G-1 – Supplemental Review of the Oil Pipeline Index Level (Docket No. RM25-2-000). The Commission annually applies an index to existing oil pipeline transportation rate ceilings to establish new rate ceiling levels. Indexing allows oil pipelines to change their tariff rates so long as those rates remain at or below certain ceiling levels. The Commission reexamines the index level every five years, with the most recent reexamination occurring pursuant to an order issued by the Commission on December 17, 2020 (2020 Order). The 2020 Order established an oil pipeline index level of Producer Price Index for Finished Goods plus 0.78% (PPI-FG+0.78%) for the five-year period beginning July 1, 2021. On January 19, 2021, a number of parties requested rehearing or clarification of the 2020 Order. On January 20, 2022, the Commission issued an order granting the requests for rehearing, in part, and denying the requests for rehearing, in part, and adopted an index level of PPI-FG-0.21%. The Commission has not yet commenced its index level reexamination process for the five-year period beginning July 1, 2026. Agenda item G-1 may be the commencement of the Commission's index level reexamination process for the five-year period beginning July 1, 2026.
Hydro
H-1 – Idaho Irrigation District and New Sweden Irrigation District (Docket No. P-14513-003). On September 29, 2020, Idaho Irrigation District and New Sweden Irrigation District (collectively, Applicants) submitted a revised Application for License for a Major Water Project with Existing Dam for the County Line Road Hydroelectric Project. The revised application furnished additional information and remedied engineering deficiencies identified by the Commission in the order issued on May 15, 2020 denying the initial application. On July 14, 2021, the Commission issued a notice soliciting motions to intervene and protests, preparation of environmental analysis, and preliminary terms and conditions. A number of stakeholders and private citizens filed comments during the ensuing period. On September 7, 2022, the Commission issued the Draft Environmental Assessment (Draft EA) for the project, finding that issuance of the project license, with recommended environmental measures to mitigate potential impacts, would not constitute a major federal action significantly affecting the quality of the human environment. On October 11, 2022, Applicants filed a copy of the request filed at the Idaho Department of Environmental Quality for the water quality certification pursuant to Section 401 of the Clean Water Act (CWA). Agenda item H-1 may be an order on the revised license application for the project.
H-2 – Pacific Gas and Electric Company (Docket No. P-606-027). On March 12, 2009, Pacific Gas and Electric Company (PG&E) submitted its application for license surrender, pursuant to 18 CFR Part 6, of the Kilarc-Cow Creek Hydroelectric Project, No. 606. The license for the Project expired on March 27, 2007. PG&E stated that, following the development of a Decommissioning Plan for the Project, it sought to surrender the license on the expectation of a cost-effective decommissioning process. On January 22, 2010, Tetrick Ranch, the Abbott Ditch Users, Shasta County, Sierra Pacific Industries, Inc., and Evergreen Shasta Power, LLC (collectively, Settling Parties) filed an Offer of Settlement, purporting to outline a clear and logical roadmap to accommodate a smooth transition of the operations of the Project upon surrender by PG&E. Specially, the Offer of Settlement would resolve the primary issue in the proceeding by enabling PG&E to surrender the Project without incurring the costs and risks of its proposed Decommissioning Plan and to assure the continuity of hydropower production and water delivery services to customers and end users. On February 10, 2010, PG&E filed a response to the Offer of Settlement, requesting that the Commission reject the settlement given that neither itself nor the federal or state water resource agencies were a party to it. On August 16, 2011, the Commission issued the Final Environmental Assessment (Final EA) for the application, recommending that the license surrender proceed as proposed. On April 5, 2019, the California State Water Resources Control Board (California SWRCB) denied without prejudice PG&E's request for water quality certification pursuant to Section 401 of the CWA, indicating that the California Environmental Quality Act (CEQA) process had not been completed, and requested PG&E to submit a new formal request for certification. PG&E did not file a new request. On May 1, 2019, the California SWRCB filed the draft CEQA Environmental Impact Report (EIR) for public comment regarding the surrender of the Project. On May 15, 2019, PG&E filed a petition for declaratory order, requesting the Commission to declare that the California SWRCB had waived its water certification authority for the surrender of the project. On November 27, 2019, the California SWRCB issued a Final EIR pursuant to CEQA and a final Water Quality Certification for the license surrender. On March 19, 2020, the Commission issued an order granting the petition for declaratory order, finding that the California SWRCB had waived its Section 401 authority under the CWA. On December 3, 2021, the Commission issued a Supplemental EA to address a leak and erosion damage that had materialized in the ensuing years. Ultimately, the Commission found that the proposed license surrender, with new and additional staff recommendations, would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item H-2 may be an order on the license surrender application by PG&E.
Certificates
C-1 – MountainWest Overthrust Pipeline, LLC (Docket No. CP24-13-000). On November 2, 2023, MountainWest Overthrust Pipeline, LLC (Overthrust) filed an application (Application) with the Commission seeking authorization for the Westbound Compression Expansion Project (Project). Specifically, the Project would consist of the construction of two new compressor packages at existing stations, adding approximately 31,800 nominal horsepower, and would in turn provide an additional 325,000 dekatherms per day (Dth/d) of year-round firm transportation service on Overthrust's mainline to support its downstream customers and provide western and northwestern U.S. gas markets with greater access to eastern gas supplies. The two new compressor packages would be located at Overthrust's existing Point of Rocks and Rock Springs Compressor Stations. Additional minor facilities would be installed at the existing facilities to accommodate new flow conditions and to provide for pigging maintenance. Project facilities that would be constructed outside of Overthrust's existing sites would be at the Rock Springs Compressor Station and at the Kern River Gas Transmission delivery point, where a delivery lateral would be constructed. Commission staff issued an Environmental Assessment (EA) on June 13, 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 – Bison Pipeline LLC; Northern Border Pipeline Company; Wyoming Interstate Company, L.L.C. and Fort Union Gas Gathering, L.L.C. (Docket Nos. CP23-543-000, CP23-544-000, CP23-545-000). On September 15, 2023, Bison Pipeline LLC (Bison) filed an abbreviated application (Abandonment Application) with the Commission seeking authorization to abandon 300,000 dekatherms per day (Dth/day) of existing unsubscribed capacity to Wyoming Interstate Company, LLC (WIC) pursuant to the terms of a lease agreement for WIC's Bakken XPress Project. Commission staff issued an Environmental Assessment (EA) on April 4, 2024, determining that the Abandonment Application qualifies for a categorial exclusion under the Commission's regulations. On September 15, 2023, Northern Border Pipeline Company (Northern Border) filed an application (Northern Border Application), seeking authorization for the Bison XPress Project. Specifically, the Bison XPress Project would consist of the replacement and expansion of compression facilities at Northern Border's existing Arnegard (No. 4), Manning (No. 5), and Glen Ullin (No. 6) Compressor Stations in McKenzie, Dunn, and Morton Counties, North Dakota. Northern Border states the Bison XPress Project would improve system reliability and provide 300,000 Dth/day of incremental capacity, which Northern Border would lease to WIC. Commission staff issued an Environmental Assessment (EA) on April 8, 2024, concluding that approval of the Bison XPress Project would not constitute a major federal action significantly affecting the quality of the human environment. On September 18, 2023, WIC and Fort Union Gas Gathering, L.L.C. (FUGG) filed a joint application (Joint Application, and together with the Abandonment Application and the Northern Border Application, the Applications) for the Bakken Xpress Project, requesting authorization for WIC to lease 300,000 Dth/day of capacity on the Northern Border, Bison, and FUGG pipeline systems. Additionally, FUGG requested a limited jurisdiction certificate under Part 284 of the Commission's regulations authorizing it to allow WIC to transport interstate natural gas on FUGG's gathering system without subjecting FUGG's gathering operations to the Commission's jurisdiction under the Natural Gas Act. According to the Joint Application, the Bakken XPress Project would allow shippers to transport 300,000 Dth/day of natural gas from: (i) existing receipt points on Northern Border's system in McKenzie and Williams Counties, North Dakota, to (ii) an existing interconnection between Northern Border and Bison systems in Morton County, North Dakota, to; (iii) an existing interconnection between Bison and FUGG in Campbell County, Wyoming; and to (iv) the FUGG/WIC Interconnect on WIC's Medicine Bow Lateral in Converse County, Wyoming. Commission staff issued an Environmental Assessment (EA) on June 6, 2024, determining that no environmental impact would be involved with any approval of the Joint Application. Agenda item C-2 may be an order on the Applications.
C-3 – Cameron Interstate Pipeline, LLC (Docket Nos. CP24-1-000, CP13-27-000). On June 19, 2014, the Commission issued an order in Docket No. CP13-27-000 granting a certificate of public convenience and necessity (as amended, the Certificate Order) authorizing Cameron Interstate Pipeline, LLC (CIP) to construct and operate pipeline and compression facilities in Cameron, Calcasieu, and Beauregard Parishes, Louisiana (Authorized Facilities) to reverse the direction of the pipeline to a north-to-south direction. Among other things, the Certificate Order required CIP to make the Authorized Facilities available for service within five years of the Certificate Order's issuance (i.e., June 19, 2019). On March 28, 2017, the Commission granted authorization in accordance with the Certificate Order for CIP to place the Holbrook Compressor Station into service (including some but not all of the authorized compressor units), modified metering and regulating (M&R) stations at interconnections with Tennessee Gas Pipeline Co., L.L.C. (Tennessee) and Texas Eastern Transmission, LP, a new M&R station at the Cameron LNG, LLC terminal, and 3.58 miles of 36-inch-diameter header pipeline loop between the Holbrook Compressor Station and the Tennessee M&R station (the Constructed Facilities). On May 30, 2019, CIP filed a request for extension of time for an additional twenty-four months (until June 19, 2021) to complete and place into service Authorized Facilities that have not yet been constructed and placed into service (the Unconstructed Facilities). The Unconstructed Facilities include approximately 17 miles of 42-inch-diameter pipeline, modification of the interconnections and M&R facilities at interconnections with Transcontinental Gas Pipe Line Co. LLC and Florida Gas Transmission Co., LLC, construction of the new interconnection with Trunkline Gas Co., LLC, and installation of an additional 21,820 horsepower of compression at the Holbrook Compressor Station. The Commission granted the requested two-year extension of time by letter order dated June 17, 2019 in Docket No. CP13-27-000. On May 20, 2021, CIP filed a request (Vacatur Request) to vacate, in part, the Certificate Order solely with respect to the Unconstructed Facilities and without prejudice for leave to re-file for additional certificate authorization in the future. On October 4, 2023, CIP filed an application (Application) in Docket No. CP24-1-000 with the Commission seeking authorization to construct and operate the Holbrook Expansion Project (Project). Specifically, the Project would consist of two new natural gas compressor units, associated aboveground facilities, and ancillary and auxiliary equipment at CIP's existing Holbrook Compressor Station in Calcasieu Parish, Louisiana. CIP's stated purpose for this Project is to provide up to 1,079,000 dekatherms per day of firm natural gas transportation capacity to the CIP system. This capacity would supply feed gas to the Cameron LNG Terminal (in Cameron Parish, Louisiana) to meet shippers' incremental demand. Commission staff issued an Environmental Assessment (EA) on April 19, 2024, concluding that approval of the 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 both the Vacatur Request and the Application.
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