Below are summaries of the agenda items for the Federal Energy Regulatory Commission's March 18, 2021 open meeting, pursuant to the agenda issued on March 11, 2021. Agenda items E-8 and G-1 have not been summarized due to omission.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate Items
E-1 – Participation of Distributed Energy Resource Aggregations in Markets Operated by Regional Transmission Organizations and Independent System Operators (Docket No. RM18-9-000). Agenda item E-1 may be a Notice of Proposed Rulemaking addressing participation of distributed energy resource aggregations in markets operated by regional transmission organizations and independent system operators.
E-2 – Participation of Aggregators of Retail Demand Response Customers in Markets Operated by Regional Transmission Organizations and Independent System Operators (RM21-14-000). Agenda item E-2 may be a Notice of Proposed Rulemaking addressing participation of aggregators of retail demand response customers in markets operated by regional transmission organizations and independent system operators
E-3 – Broadview Solar, LLC (Docket No. QF17-454-006). On September 11, 2019, Broadview Solar, LLC (Broadview) filed, pursuant to the Public Utility Regulatory Policies Act of 1978 (PURPA) and section 292.207(b) of the Commission's regulations, an application seeking Federal Energy Regulatory Commission (Commission) recertification as a small power production qualifying facility (QF). The Broadview facility is a combined solar and storage facility that Broadview asserts has a gross capacity of 82.5 MW and a net capacity of 80 MW. Broadview explains that the terminals of the 160 MW solar array and 50 MW battery storage system will both connect directly to 20 4.2 megavolt ampere (MVA) DC-to-AC inverters, which will convert the DC power produced by the solar array or discharged from the battery storage system to the AC power that is needed for interconnection to NorthWestern Corporation's transmission system. On September 1, 2020, the Commission issued an order denying Broadview's application, and revoking a related QF self-certification, finding that the facility exceeds the 80 MW statutory limit for QFs. The September 1 Order included a dissent from Commissioner Glick. On September 14, 2020, Broadview submitted a request for rehearing of the Commission's September 1 Order. Interested parties also submitted requests for rehearing. Agenda item E-3 may be an order addressing the requests for rehearing.
E-4 – Independent Market Monitor for PJM v. PJM Interconnection, L.L.C.; Office of the People's Counsel for the District of Columbia, Delaware Division of the Public Advocate, Citizens Utility Board, Indiana Office of Utility Consumer Counselor, Maryland Office of People's Counsel, Pennsylvania Office of Consumer Advocate Division, and PJM Industrial Customer Coalition (Docket Nos. EL19-47-000, EL19-63-000). On February 21, 2019, Monitoring Analytics, LLC (IMM), acting in its capacity as the Independent Market Monitor for PJM Interconnection, LLC (PJM), filed, pursuant to Rule 206 of the Commission's Rules and Practice and Procedure, a formal complaint against PJM, requesting that the Commission direct PJM to revise the expected number of Performance Assessment Intervals (PAI) used to set the default Market Seller Offer Cap (MSOC) in Reliability Pricing Model (RPM) auctions to a level consistent with a reasonable and supportable expectation of PAI. IMM claims that the current PAIs result in an MSOC that is overstated. On April 15, 2019, the Office of the People's Counsel for the District of Columbia, Delaware Division of the Public Advocate, Citizens Utility Board, Indiana Office of Utility Consumer Counselor, Maryland Office of People's Counsel, Pennsylvania Office of Consumer Advocate, West Virginia Consumer Advocate Division, and PJM Industrial Customer Coalition (collectively, the Joint Consumer Advocates) filed, pursuant to Rule 206 and 212 of the Commission's Rules of Practice and Procedure, a formal complaint against PJM alleging that the current MSOC used in the RPM Base Residual Auction is unjust and unreasonable. The Joint Consumer Advocates also asked that their complaint be consolidated with the IMM's complaint. Agenda item E-4 may be an order addressing the complaints of the IMM and Joint Consumer Advocates.
E-5 – Hollow Road Solar LLC (Docket No. EL21-35-000). On December 22, 2020, Hollow Road Solar, LLC (Hollow Road) submitted, pursuant to Rule 206 of the Commission's Rules of Practice and Procedure, a petition requesting that the Commission issue a declaratory order related to Hollow Road's participation in the next PJM Interconnection, L.L.C. (PJM) capacity auction. Specifically, Hollow Road seeks a declaratory order confirming that it will not be subject to the application of the expanded Minimum Offer Price Rule (MOPR) in the forthcoming PJM Base Residual Auction for the 2022/2023 Delivery Year as a consequence of being granted local property tax relief pursuant to the Virginia Certified Pollution Control Equipment and Facilities Section of the Virginia Code on Taxation. Agenda item E-5 may be an order addressing the petition for declaratory order.
E-6 – NextEra Energy, Inc., Evergy, Inc., American Electric Power Company, Exelon Corporation, Xcel Energy Services Inc. (Docket No. EL21-14-000). On October 30, 2020, NextEra Energy, Inc., American Electric Power Company, Inc., Evergy, Inc., Exelon Corporation, and Xcel Energy Services Inc. submitted, pursuant to Rule 206 of the Commission's Rules of Practice and Procedure, a petition requesting that the Commission issue a declaratory order: 1) declaring that no affiliate regulatory consequences arise under section 205 of the Federal Power Act (FPA) when financial institutions acquire voting securities of public utilities at levels up to 20 percent, and 2) declaring that public utilities remain free to conclude, without obtaining case-specific Commission rulings, that the issuance of particular types of securities do not convey control, and therefore do not create any regulatory approval requirements under the FPA. Agenda item E-6 may be an order addressing the petition for declaratory order.
E-7 – Data Collection for Analytics and Surveillance and Market-Based Rate Purposes (Docket No. RM16-17-000). Agenda item E-7 may be an order addressing the upcoming technical workshop to discuss the functionality and features of the relational database through which the Commission will begin collecting certain market-based rate information in accordance with Order No. 860.
E-8 – Omitted
E-9 – Midcontinent Independent System Operator, Inc. (Docket No. ER21-679-000). On December 17, 2020, Midcontinent Independent System Operator, Inc. (MISO), filed, pursuant to section 205 of the Federal Power Act (FPA), revisions to Module A, Module C, and Schedule 272 of the MISO Open Access Transmission, Energy and Operating Reserve Markets Tariff to improve the efficiency of the MISO Energy and Operating Reserve Markets by enhancing price signals and reducing uplift in the selection and deployment of Spinning Reserves. Agenda item E-9 may be an order addressing the proposed tariff revisions.
E-10 – Hazleton Generation LLC (Docket No. ER20-1210-001). On March 9, 2020, Hazelton Generation LLC (Hazelton) filed a rate schedule setting forth its annual revenue requirement for Reactive Service. On March 11, and 31, 2020, respectively, the Independent Market Monitor for PJM (IMM) filed motions to intervene. On April 28, 2020, the Commission issued an order accepting and suspending the proposed rate schedule and establishing settlement judge procedures. On September 3, 2020, Hazelton submitted an Offer of Settlement in order to resolve all material issues outstanding in the proceeding and conclude settlement judge procedures. On November 25, 2020, the settlement judge issued a certification of uncontested settlement between Hazelton, IMM, and Commission staff. Agenda item E-10 may be an order on the settlement brought forward by Hazelton.
E-11 – Ameren Illinois Company (Docket No. ER20-1237-000). On March 10, 2020, Ameren Illinois Company (Ameren) submitted its Annual Informational Attachment O filing under the MISO Tariff in order to reflect Ameren's projected annual net revenue requirement and 2018 Annual True-Up. On April 15, 2020, Southwestern Electric Cooperative, Inc. (Southwestern) submitted a formal challenge, alleging that Ameren proposed an unjust and unreasonable annual total revenue requirement, and requesting that it should be reduced by at least $1.7 million. Agenda item E-11 may be an order on the Ameren filing and revenue requirement.
E-12 – Ameren Illinois Company (Docket No. ER19-1276-001). On March 13, 2019, Ameren Illinois Company (Ameren) submitted its Annual Informational Attachment O filing under the MISO Tariff in order to reflect Ameren's projected annual net revenue requirement and 2017 Annual True-Up. On April 15, 2019, Southwestern Electric Cooperative, Inc. (Southwestern) submitted a formal challenge, alleging that Ameren should book prepaid renewable energy credit amounts as a generation-related expense and not received from transmission customers. On March 27, 2020, the Commission issued an order stating that it has not furnished specific accounting guidance for the purchase, generation, and use of renewable energy credits (RECs). On April 24, 2020, Ameren filed a request for rehearing of the March 27 order, citing an "abrupt" departure from prior Commission accounting policy and contesting the Commission directive to reclassify amounts related to RECs and expense those amounts. Ameren specified in its request that it did not seek rehearing of owned and inventoried RECs, but rather to RECs that have been retired and are no longer in the inventory. On April 27, 2020, Southwestern filed a request for rehearing of the March 27 order, stating that the Commission erred in its judgment by engaging in arbitrary and capricious decision-making by rejecting its formal challenge. Agenda item E-12 may be an order on either or both of the requests for rehearing of the March 27 order.
E-13 – Midcontinent Independent System Operator, Inc. (Docket No. ER20-1892-000). On May 22, 2020, Midcontinent Independent System Operator, Inc. (MISO) submitted a request for limited waiver of certain provisions of its Tariff, specifically relating to the requirements for the payment of shutdown costs of online Demand Response Resources – Type I (DRR – Type I) deployed to provide spinning reserve. MISO seeks to waive the limitation of payment for shutdown costs incurred by Voltus, Inc. on seven occasions, where their online DRR – Type I resources were deployed from spinning reserve. Agenda item E-13 may be an order on the waiver request as brought forward by MISO.
E-14 – Constellation Power Source Generation, LLC (Docket No. ER17-801-010). On August 29, 2019, Constellation Power Source Generation, LLC (CPSG) submitted an informational filing, pursuant to the PJM Tariff, regarding the planned retirement of a unit at the Riverside Generating Station. Accordingly, CPSG stated it would eliminate the revenue requirement for the unit via compliance filing contingent on its 2019 Settlement Rate Schedule being approved in Docket No. ER17-801-004. On October 17, 2019, the Commission issued an order approving the Settlement and directing CPSG to submit the compliance filing. On November 18, 2019, CPSG filed the compliance filing. On November 27, 2019, CPSG submitted an informational filing, pursuant to the PJM Tariff, regarding the planned retirements of several units at the Notch Cliff Generating Station, with a similar request to eliminate the revenue requirement. On January 16, 2020, the Commission issued an order accepting the Settlement from the November 27 filing. On March 2, 2020, CPSG submitted an informational filing, pursuant to the PJM Tariff, regarding the planning deactivations of several generating units at Notch Cliff as well as Westport. CPSG requested to eliminate the revenue requirements for those units. On July 16, 2020, the Commission issued an order accepting the three filings and established hearing and settlement judge procedures. In the order, the Commission stated the filings raised concerns about the CPSG 2019 Settlement Rate Schedule due to inclusion of revenue requirements for deactivated units. Therefore, the Commission sought to evaluate the justness and reasonableness of existing CPSG rate schedules by instituting a Section 206 investigation. On November 12, 2020, CPSG submitted an Offer of Settlement purporting to resolve all issues in the proceeding. On January 11, 2021, the presiding judge issued a certification of uncontested settlement; on January 14, 2021, the Chief Judge issued an order terminating settlement judge procedures. Agenda item E-14 may be an order on the settlement as brought forward by CPSG.
E-15 – Lawrenceburg Power, LLC (Docket No. ER18-2497-005). On September 27, 2018, Lawrenceburg Power, LLC (Lawrenceburg Power) submitted proposed revisions to its Tariff in order to revise the annual revenue requirement (ARR) within its Reactive Supply and Voltage Control from Generation or Other Sources Service rate schedule under the PJM Tariff. Pursuant to the acquisition of a generating facility owned by AEP Generating Company (AEP), Lawrenceburg Power proposed to adopt, without modification, the existing ARR that AEP had on file with the Commission. Consequently, the matter was set for settlement judge procedures and an Offer of Settlement between the parties was reached on July 23, 2018. On November 29, 2018, the Commission issued an order accepting the revised rate schedule to be effective December 1, 2018, subject to refund, and set the filing for hearing and settlement judge procedures. Following the appointment of a settlement judge on December 4, 2018, the parties convened for settlement conferences and ultimately filed an Offer of Settlement on October 1, 2019. The settlement would reduce the Reactive Service ARR from $4,872,255 per year to $3,700,000 per year. All parties that participated in the six formal settlement conferences, and a technical conference, agreed to the Offer of Settlement, with the exception of Trial Staff. In their opposition, Trial Staff alleged that the settlement was "in name only" and should not be reported to the Commission. Accordingly, on January 30, 2020, the settlement judge rejected the Trial Staff's opposition and certified the Offer of Settlement for Commission approval. On November 19, 2020, the Commission issued an order rejecting the Settlement and remanding the proceeding to the Chief Judge to resume hearing procedures. On December 21, 2020, Lawrenceburg Power filed a request for rehearing of the November 19 order and a motion to hold the evidentiary hearing in abeyance as the rehearing and potential judicial review avenues are pursued. Agenda item E-15 may be an order on the request for rehearing as brought forward by Lawrenceburg Power.
E-16 – NextEra Energy Transmission, LLC, GridLiance West LLC, GridLiance High Plains LLC, and GridLiance Heartland LLC (Docket No. EC21-10-000). On October 20, 2020, NextEra Energy Transmission, LLC (NEET), GridLiance West LLC, GridLiance High Plains LLC, and GridLiance Heartland LLC (collectively, GridLiance Transcos) submitted a joint application for approval of the disposition of jurisdictional facilities pursuant to Section 203 of the Federal Power Act (FPA). In the application, NEET and GridLiance Transcos detail a transaction by which NEET will acquire 100 percent of the upstream ownership interests in the GridLiance Transcos, and therefore the companies will become indirect, wholly-owned subsidiaries of NEET. Agenda item E-16 may be an order on the application as brought forward by NEET and GridLiance Transcos.
E-17 – North American Electric Reliability Corporation (Docket No. RD21-2-000). On December 14, 2020, the North American Electric Reliability Corporation (NERC) filed a petition for approval of proposed Reliability Standards CIP-013-2, CIP-005-7, and CIP-010-4 addressing supply chain cybersecurity risk management. NERC stated that the proposed Reliability Standards would improve the resilience of the Bulk Electric System and is responsive to Commission Order No. 850. The CIP standards would address a number of outstanding concerns relating to Electronic Access Control or Monitoring Systems and Physical Access Control Systems. Agenda item E-17 may be an order on the proposed CIP Reliability Standards as brought forward by NERC.
E-18 – Californians for Green Nuclear Power, Inc. v. The North American Electric Reliability Corporation, the Western Electricity Coordinating Council, the California Independent System Operator, the California Public Utilities Commission, the California State Water Resources Control Board, and the California State Lands Commission (Docket No. EL21-13-000). On October 26, 2020, Californians for Green Nuclear Power, Inc. (CGNP) filed a complaint against the North American Electric Reliability Corporation, the Western Electricity Coordinating Council, the California Independent System Operator (CAISO), the California Public Utilities Commission (CPUC), the California State Water Resources Control Board (CSWRCB), and the California State Lands Commission (CSLC) alleging that CPUC, CAISO, CSWRCB, and CSLC violated bulk power system reliability standards in approving the CPUC's plan to close the Diablo Canyon Power Plant in 2025, without first evaluating various adverse consequences. On November 25, 2020, CGNP filed an amendment to its complaint. Agenda item E-18 may be an order on CGNP's complaint.
E-19 – CAlifornians for Renewable Energy and Michael E. Boyd v. California Independent System Operator Corporation, California Public Utilities Commission, Pacific Gas and Electric Company, San Diego Gas and Electric Company and Southern California Edison Company (Docket No. EL20-69-000). On August 31, 2020, CAlifornians for Renewable Energy (CARE) and Michael E. Boyd filed a complaint against CAISO, CPUC, Pacific Gas and Electric Company, San Diego Gas and Electric Company, and Southern California Edison Company, alleging that the California markets for energy and ancillary services are not workable and that prices in such markets are unjust and unreasonable. CARE's complaint requests, as an interim measure, that the Commission limit bids to sell energy or ancillary services into the markets operated by the CAISO to $250 per MWh. Agenda item E-19 may be an order on CARE's complaint.
E-20 – Citrus World, Inc. (Docket Nos. EL21-33-000, QF86-381-001). On December 21, 2020, Citrus World, Inc. (Citrus World) filed a petition for declaratory order seeking partial waiver of the Commission's regulations for qualifying facilities and also requesting a finding that a time value refund is not required under the specific facts and circumstances of the case. Citrus World explains in its petition that its qualifying facility was not timely recertified to reflect the earlier addition of a second cogenerator after the Commission's regulations made such recertification mandatory pursuant to Order No. 671 after April 15, 2006. Agenda item E-20 may be an order on Citrus World's petition for declaratory order.
E-21 – Pheasant Run Wind, LLC (Docket No. ER19-2547-001). On August 8, 2019, Pheasant Run Wind, LLC (Pheasant Run) filed a proposed rate schedule for Reactive Supply and Voltage Control from Generation Sources Service (Reactive Supply Service) that included an annual revenue requirement of $578,877.79 for Pheasant Run's generating facility located in Huron County, Michigan. On September 30, 2019, the Commission issued an order accepting and suspending Pheasant Run's proposed Reactive Supply Service rate schedule, permitting it to take effect October 1, 2019, subject to refund and Commission settlement procedures. After various settlement procedures, the Commission settlement judge issued a certification of uncontested offer of settlement in the proceeding. Agenda item E-21 may be an order on the uncontested offer of settlement.
E-22 – Southwest Power Pool, Inc. (Docket No. ER18-2404-000). On September 10, 2018, Southwest Power Pool, Inc. (SPP) submitted a petition requesting that the Commission waive the one-year billing adjustment limitation in Section 7.1 of SPP's Open Access Transmission Tariff (OATT). SPP's petitions states that the requested waiver will facilitate the settlement of past customer invoices and correct previous billing errors. Agenda item E-22 may be an order on SPP's OATT waiver petition.
E-23 – Southwest Power Pool, Inc. (Docket No. ER19-477-000). On December 4, 2018, SPP submitted a petition requesting that the Commission waive the 365-day limitation period for modifications to Settlement Statements as set forth in Section 10.1(3) of Attachment AE of SPP's OATT. SPP's petition states that waiver is necessary so that Market-to-Market settlements between SPP and Midcontinent Independent System Operation, Inc. (MISO) are accurate and that market participants are accurately charged in accordance with the SPP-MISO Joint Operating Agreement Interregional Coordination Process. Agenda item E-23 may be an order on SPP's OATT waiver petition.
E-24 – New York Independent System Operator, Inc. (Docket No. ER21-502-001). On November 30, 2020, the New York Independent System Operator, Inc. (NYISO) submitted proposed Installed Capacity (ICAP) Demand Curves for the 2021/2022 Capability Year. NYISO's filing also included proposed methodologies and inputs for use in conducting annual updates to determine the ICAP Demand Curves for the 2022/2023, 2023/2024, and 2024/2025 Capability Years. Agenda item E-24 may be an order NYISO's ICAP Demand Curve filing.
G-1 – Omitted
G-2 – Texas Eastern Transmission, LP (Docket No. RP21-153-000). On October 30, 2020, Texas Eastern Transmission, LP (Texas Eastern) filed updates to its FERC Gas Tariff, Eighth Revised Volume No. 1 (Tariff) reflecting Texas Eastern's year 4 eligible PCB-related costs. Texas Eastern states in its filing that the Tariff updates are required by a settlement approved by the Commission in 1992 and Section 26 of the general terms and conditions of the Tariff. Agenda item G-2 may be an order on Texas Eastern's Tariff updates.
H-1 – Exelon Generation Company, LLC (Docket Nos. P-405-106, P-405-121). On February 28, 2019, Exelon Generation Company, LLC (Exelon) submitted a petition for declaratory order regarding the Conowingo Hydroelectric Project, FERC Project No. 405. Specifically, Exelon submitted the petition requesting the Commission issue an order declaring that the State of Maryland has waived its rights to issue a certification under Section 401 of the Clean Water Act because it failed to timely act on Exelon's request for certification. Agenda item H-1 may be an order on Exelon's petition for a declaratory order.
H-2 – Warm Springs Hydro LLC (Docket No. P-12726-002). On April 1, 2019, Warm Springs Hydro LLC (Warm Springs) submitted an application to the Commission for a new license for the Rock Creek Hydroelectric water power project, FERC Project No. 12726. On July 9, 2020, Commission staff issued the Environmental Assessment report for the project. Agenda item H-2 may be an order on Warm Spring's application for a new license for the Rock Creek Hydroelectric project.
C-1 – Waiver of the Water Quality Certification Requirements of Section 401(a)(1) of the Clean Water Act (Docket No. RM20-18-000). On September 9, 2020, the Commission issued a Notice of Proposed Rulemaking (NOPR) regarding waiver of the water quality certification requirements of Section 401(a)(1) of the Clean Water Act. Several parties have submitted comments in response to the NOPR. Agenda item C-1 may be an order related to the NOPR.
C-2 – New Fortress Energy LLC (Docket No. CP20-466-000). On June 18, 2020, the Commission issued an order to show cause directing direct New Fortress Energy LLC (New Fortress Energy) to show cause why the liquefied natural gas (LNG) handling facility it has constructed adjacent to the San Juan Combined Cycle Power Plant at the Port of San Juan in Puerto Rico is not subject to the Commission's jurisdiction under section 3 of the Natural Gas Act (NGA). On July 20, 2020, New Fortress Energy submitted an answer to the show cause order asserting its facility was not subject to the Commission's jurisdiction under section 3 of the NGA. Agenda item C-2 may be an order relating to the Commission's show cause order and New Fortress Energy's response thereto.
C-3 – Northern Natural Gas Company (Docket No. CP20-487-000). On June 29, 2020, Northern Natural Gas Company (Northern) submitted an application pursuant to Section 7 of the Natural Gas Act and Section 157 of the Commission's regulations to (1) abandon in-place approximately 79.21 miles of its 14- and 16-inch-diameter South Sioux City to Sioux Falls M561 A-line (A-line) and appurtenances and to replace the abandoned pipeline with approximately 82.23 miles of 12-inch-diameter pipeline and appurtenances in Dakota and Dixon counties, Nebraska, and Lincoln and Union counties, South Dakota, and (2) install an approximately 3.15-mile-long 12-inch-diameter tie-over pipeline and appurtenances in Lincoln County, South Dakota, amongst other things. On January 5, 2021, the Commission issued its Environmental Assessment report for the proposed project. Agenda item C-3 may be an order on Northern's Section 7 application.
C-4 – Spire STL Pipeline LLC (Docket Nos. CP17-40-000, CP17-40-001). On August 3, 2018, the Commission issued an order approving Spire STL Pipeline LLC's (Spire) application 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 STL Pipeline Project). Agenda item C-4 may be an order relating to the Spire STL Pipeline Project.
C-5 – Midship Pipeline Company, LLC (Docket Nos. CP17-458-000, CP19-17-000). On December 17, 2020, the Commission issued an order granting an extension of time for Midship Pipeline Company, LLC (Midship) to put into service the Midcontinent Supply Header Interstate Pipeline Project (Midship Pipeline Project). Since that time, individual landowners and their compliance and monitoring consultant, Central Land Consulting acting on their behalf, have reported dozens of allegations of complaints regarding incomplete restoration and damage. Agenda item C-5 may be an order relating to the Midship Pipeline Project.
C-6 – Rover Pipeline, LLC and Energy Transfer Partners, L.P. (Docket No. IN19-4-000). Agenda item C-6 may be an order regarding a non-public enforcement investigation relating to Rover Pipeline, LLC and Energy Transfer Partners, L.P. Additional public information regarding Agenda item C-6 is not available at this time.
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