Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on March 16, 2023, pursuant to the sunshine notice released on March 9, 2023.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate Items
E-1 – North American Electric Reliability Corporation (Docket No. RD23-3-000). On December 6, 2022, the North American Electric Reliability Corporation (NERC) submitted a Petition for Approval of Proposed Reliability Standard CIP-003-9 – Cyber Security – Security Management Controls. The proposed Reliability Standard addresses supply chain risk management for assets containing low impact Bulk Electric System (BES) Cyber Systems. Proposed Reliability Standard CIP-003-9 requires entities to adopt and maintain cyber security policies for the areas covered under the other CIP cyber security standards. The purpose of these policies is to communicate management goals, objectives, and expectations for protecting BES Cyber Systems. No comments or interventions were filed by the comment date on January 5, 2023. Agenda item E-1 may be an order on the Proposed Reliability Standard CIP-003-9.
E-2 – Tenaska Power Services Co. (Docket No. ER21-2459-001). On July 19, 2021, Tenaska Power Services Co. (TPS) submitted a filing justifying spot sales exceeding the Western Electric Coordinating Council (WECC) soft cap of $1,000/MWh, pursuant to a July 6, 2021 notice issued by the Commission. TPS asserted that the sale prices in June of 2021 were justified due to anomalous market conditions at the time precipitated by an early summer heatwave and, consequently, any contemplation of refunds would be unwarranted. On August 6, 2021, Southern California Edison Company and Pacific Gas and Electric Company filed a joint protest of the justification filing, alleging that TPS did not sufficiently meet its cost justification obligations and the corresponding data used by TPS—a 90-day average liquidity window—are flawed and do not represent a reasonable comparison to the spot sales under review of this proceeding. On December 16, 2022, the Commission issued an order finding that TPS had not justified spot sales in the WECC region during June 2021 at prices exceeding the "soft" cap. On January 13, 2023, TPS submitted a request for rehearing of the December 16 order. In the request for rehearing, TPS argued that the Commission's December 16 order is contrary to law, arbitrary and capricious, and not supported by substantial evidence and must be reversed. Furthermore, TPS urged the Commission to revisit the level of the WECC "soft" cap, if not the appropriateness of the "soft" cap altogether, in light of significant changes since the "soft" cap was set at its current level of $1,000/MWh over a decade ago. Agenda item E-2 may be an order on the request for rehearing by TPS.
E-3 – Commonwealth Edison Company (Docket No. EL23-31-000). The formal record in Docket No. EL23-31-000 has not yet been populated. Agenda item E-3 may be an action that is being taken sua sponte by the Commission, such as the initiation of an investigation pursuant to Section 206 of the Federal Power Act (FPA).
E-4 – Public Service Company of Colorado (Docket No. EL22-39-000). On April 21, 2022, the Commission instituted an investigation pursuant to Section 206 of the FPA, as amended, to determine whether the formula rate protocols under the Public Service Company of Colorado (PSCo) Open Access Transmission Tariff (OATT) are unjust, unreasonable, unduly discriminatory or preferential, or otherwise unlawful. The Commission simultaneously issued an Order on Formula Rate Protocols and Establishing a Show Cause Proceeding pursuant to Section 206 of the Federal Power Act (Show Cause Order). In the Show Cause Order, the Commission directed PSCo within 60 days of the date of the order, to either: (1) show cause as to why its formula rate protocols under its OATT remain just and reasonable and not unduly discriminatory or preferential, or (2) explain what changes to its OATT it believes would remedy the identified concerns if the Commission were to determine that the OATT has, in fact, become unjust and unreasonable or unduly discriminatory or preferential and, therefore, PSCo proceeds to establish a replacement OATT. On June 21, 2022, PSCo responded to the Show Cause Order and identified proposed changes to its transmission formula rate protocols to remedy the Commission's concerns. Agenda item E-4 may be an order on PSCo's proposed revisions to its formula rate protocols.
E-5 – Idaho Power Company (Docket No. EL22-37-000). On April 21, 2022, the Commission instituted an investigation pursuant to Section 206 of the FPA, as amended, to determine whether the formula rate protocols under Attachment H of Idaho Power Company's (Idaho Power) Open Access Transmission Tariff (Idaho Power Tariff) are unjust, unreasonable, unduly discriminatory or preferential, or otherwise unlawful. The Commission simultaneously issued an Order on Formula Rate Protocols and Establishing a Show Cause Proceeding pursuant to Section 206 of the Federal Power Act (Show Cause Order). In the Show Cause Order, the Commission directed Idaho Power within 60 days of the date of the order, to either: (1) show cause as to why its formula rate protocols under its OATT remain just and reasonable and not unduly discriminatory or preferential, or (2) explain what changes to its OATT it believes would remedy the identified concerns if the Commission were to determine that the OATT has, in fact, become unjust and unreasonable or unduly discriminatory or preferential and, therefore, Idaho Power proceeds to establish a replacement OATT. On June 21, 2022, Idaho Power responded to the Show Cause Order and identified proposed changes to its transmission formula rate protocols to remedy the Commission's concerns. Agenda item E-5 may be an order on Idaho Power's proposed revisions to its formula rate protocols.
E-6 – PJM Interconnection, L.L.C. (Docket No. ES23-23-000). On December 20, 2022, PJM Interconnection, L.L.C. (PJM) submitted an application under section 204 of the Federal Power Act (FPA) to issue securities. Namely, PJM requested that the Commission modify a prior order issued on June 28, 2018, which authorized PJM to issue an unsecured promissory note to Bank of America, N.A. in an amount not to exceed $20.6 million in accordance with a term loan credit facility and associated swap agreement. The modifications are limited in scope and would only reflect the substitution of the Secured Overnight Financing Rate as the reference interest rate given the cessation of publication of the London Interbank Offered Rate, effective as of July 1, 2023. Agenda item E-6 may be an order on the section 204 application by PJM.
E-7 – City and County of San Francisco v. Pacific Gas and Electric Company (Docket No. EL15-3-005), Pacific Gas and Electric Company (Docket No. EL15-704-027). On October 7, 2014, the City and County of San Francisco (San Francisco) filed a complaint against Pacific Gas and Electric (PG&E) pursuant to sections 206 and 306 of the FPA challenging the potential exclusion of approximately 25 percent of San Francisco's load in its Wholesale Distribution Tariff (WDT) application for allegedly not qualifying for service under the grandfathering provision of section 212(h) of the FPA. On December 23, 2014, PG&E filed, pursuant to section 205 of the FPA: (1) a notice of termination of the Interconnection Agreement with San Francisco; (2) a series of replacement agreements that provide for continued interconnection and wholesale distribution service to San Francisco; and (3) notices of termination of Interconnection Agreements for eight separate San Francisco delivery points that will transition to receiving service under a WDT Service Agreement. On March 31, 2015, the Commission accepted and suspended the notices of termination and replacement agreements, established hearing and settlement judge procedures, and consolidated the proceedings. An Initial Decision was issued by the presiding Administrative Law Judge on November 15, 2016. On August 24, 2018, the Commission issued an order requesting further briefing in order to develop a more complete record to better determine whether PG&E's proposed replacement agreements are just and reasonable. On November 21, 2019, the Commission issued Opinion No. 568, which affirmed in part and overturned in part, an its initial decision in City and County of San Francisco v. Pac. Gas & Elec. Co., 157 FERC 63,021 (2016) which deals with issues surrounding the grandfathering of San Francisco's customers to receive wholesale distribution service under the PG&E wholesale distribution tariff. On December 20, 2019, San Francisco filed a request for rehearing of Opinion No. 568, which on June 4, 2020 the Commission denied in part and granted in part. On August 5, 2020, San Francisco filed notice that it was seeking review of Opinion No. 568 and the June 4 Rehearing Order on the grounds that they are arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act, 5 U.S.C. §§ 701–706; violate federal law, including the FPA; and are otherwise contrary to law. The petition for review filed at the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) culminated in a decision that did not affirm the prior orders by the Commission, and consequently, the Commission applied the reasoning and precedent instructed by the D.C. Circuit in issuing an order on remand on October 20, 2022. The order on remand stated that San Francisco's customer class-based interpretation of the WDT's reference to section 212(h)(2) is consistent with that precedent, and accordingly, that San Francisco's loads within the customer classes served on October 24, 1992, are entitled to grandfathered service under the WDT. The order on remand also directed PG&E to submit revised WDT provisions. On November 21, 2022, PG&E filed a request for rehearing of the October 20 order on remand. Agenda item E-7 may be an order on the request for rehearing by PG&E.
E-8 – Iowa Coalition for Affordable Transmission v. ITC Midwest, LLC (Docket No. EL22-56-001). On May 10, 2022, the Iowa Coalition for Affordable Transmission (ICAT) submitted a complaint against ITC Midwest, LLC (ITCM), pursuant to sections 206 and 306 of the FPA. In the complaint, ICAT alleged that the capital structure of ITCM is not just and reasonable and requested that the Commission reduce the attendant equity ratio. A number of stakeholders filed comments and motions to intervene during the ensuing period. On June 15, 2022, ITCM filed an answer to the complaint, stating that as originally demonstrated in the 2007 approval of the equity ratio by the Commission, ITCM still meets the three-prong test: it issues its own debt without guarantees; maintains its own bond rating; and has a capital structure within the range established by the Commission, namely that an equity ratio of sixty percent is within the approved historical range. On November 2, 2022, the Commission issued an order denying the complaint, finding that ICAT did not sufficiently demonstrate that ITCM has a capital structure that is not just and reasonable. In particular, the Commission stated that ICAT failed to substantiate its claim that ITCM, as currently structured, would fail the three-prong test for equity ratios. On December 2, 2022, ICAT filed a request for rehearing of the November 2 order. Agenda item E-8 may be an order on the request for rehearing by ICAT.
E-9 – Cubit Power One, Inc. v. Consolidated Edison Company of New York, Inc. (Docket No. EL23-8-000). On November 9, 2022, Cubit Power One, Inc. (Cubit) filed a complaint against Consolidated Edison Company of New York, Inc. (Con Edison), pursuant to sections 206, 306, and 309 of the FPA. In the complaint, Cubit alleged that the rate set forth in Attachment O of the Con Edison tariff, particularly the Wholesale Distribution Service (WDS) rate, is not just and reasonable. Accordingly, the complaint requested that the Commission establish a new just and reasonable WDS rate based on the rates that Con Edison filed with the New York Public Service Commission (NYPSC) on July 14, 2022. On November 29, 2022, Con Edison submitted an answer to the complaint, asserting that the Commission should defer on issuing any determination until the NYPSC issues an order on the proposed WDS rate, which was a draft tariff filing and had not been finalized at time of the complaint. Additionally, Con Edison stated that it currently has a pending electric rate proceeding at the NYPSC which will likely result in new WDS rates that are not the same as the draft rates referred to by Cubit in the complaint. Agenda item E-9 may be an order on the complaint by Cubit against Con Edison.
E-10 – Transource Maryland, LLC, American Electric Power Service Corporation, and PJM Interconnection, L.L.C. (Docket No. ER20-2584-001). On July 31, 2020, the American Electric Power Service Corporation (AEPSC), on behalf of its affiliate Transource Maryland LLC (TMD) (collectively, AEP), submitted a compliance filing pursuant to Order No. 864. Namely, AEP filed proposed revisions to Attachment H-30A of the PJM Open Access Transmission Tariff (OATT) responsive to Order No. 864 issued on November 21, 2019 in order to address the effects of the Tax Cuts and Jobs Act of 2019 on the accumulated deferred income taxes (ADIT) reflected in transmission formula rates. AEP did not propose any changes to Attachment H-30A to reflect adjustments to its rate based associated with potential excess or deficient ADIT, stating that its transmission formula rate already reflected the rate base adjustment mechanism requirements by the Commission. The compliance filing included the permanent ADIT worksheet and populated templates effectuating the requirements of Order No. 864. On November 18, 2022, AEP submitted a revised compliance filing that supersede the proposed revisions furnished in the initial July 20 filing, citing an updated understanding of supporting information preferred by Commission staff. On December 9, 2022, the Maryland Office of People's Counsel (MDOPC) filed a protest of the November 18 revised compliance filing, asserting that the AEP worksheets are deficient and should be revised to incorporate adequate specificity to ensure that future ADIT remeasurements will yield just and reasonable outcomes. Agenda item E-10 may be an order on the Order No. 864 compliance filing by AEP.
E-11 – Black Hills Colorado Electric, LLC (Docket No. ER22-2377-000). On July 14, 2022, Black Hills Colorado Electric, LLC (Black Hills Colorado) submitted a compliance filing related to accumulated deferred income tax (ADIT) related to Commission Order Nos. 864 and 864-A, pursuant to section 205 of the Federal Power Act (FPA). In the compliance filing, Black Hills Colorado stated that, in a separate section 205 filing, it recently transitioned from a stated transmission rate to a transmission formula rate. Black Hills Colorado submitted the compliance filing out of an abundance of caution in order to comport with the directives of Order No. 864 pertaining to consideration of potentially excessive or deficient ADIT following the enactment of the Tax Cuts and Jobs Act of 2017. On August 4, 2022, Tri-State Generation and Transmission Association, Inc. (Tri-State) filed a protest and motion to consolidate, asserting that the Black Hills Colorado compliance filing should not be incorporated without setting the matter for a full hearing and settlement procedures, as the transmission formula rate has not been shown to be just and reasonable. On August 19, 2022, Black Hills Colorado filed an answer to the Tri-State protest, stating that Tri-State had not provided sufficient grounds to reject the filing or set the matter for hearing, since the proposed ADIT treatment of the new transmission formula rate would be in compliance with Order Nos. 864 and 864-A. Agenda item E-11 may be an order on the ADIT compliance filing related to Order No. 864 compliance by Black Hills Colorado.
E-12 – Alternative Transmission Inc. (Docket No. EL23-14-000). On December 9, 2022, Alternative Transmission Inc. (ATI) submitted a petition for declaratory order seeking confirmation of Commission jurisdiction, under the authority vested in sections 210 and 211 of the FPA, to direct interconnection and transmission services to an eligible applicant would not disturb the jurisdictional status quo between the United States and Puerto Rico. Namely, ATI sought clarification that the Commission would not extend its plenary jurisdiction under the FPA over the electric grid of Puerto Rico, as ATI plans to interconnect new generation resources by the construction of one or more high-voltage direct current undersea transmission cables to connect the bulk power system of the United States mainland to Puerto Rico. ATI stated that it would be considered both an electric utility and transmitting utility pursuant to sections 210 and 211 of the FPA. Agenda item E-12 may be an order on the petition for declaratory order by ATI.
G-1 – Anadarko US Offshore LLC, Murphy Exploration & Production Company – USA, Eni Petroleum US LLC, and INPEX Americas, Inc. (Docket No. RP22-1105-000). On July 29, 2022, the above-captioned entities (collectively, Purchasers) submitted a joint petition for temporary waivers of capacity release regulations and related Tariff provisions. Namely, the petition requested that the Commission waive certain capacity release regulations and policies of the Commission, including the shipper-must-have-title policy, related gas Tariff provisions of Discovery Gas Transmission LLC (DGT), and any other authorizations or waivers deemed necessary in order for INPEX Americas, Inc. (INPEX) to transfer capacity reserved under its firm transportation agreement (FTA) with DGT to Purchasers. The transfer of the FTA, involving the production acreage dedicated for transportation by DGT, is a critical component of a broader transaction involving INPEX to Purchasers. On August 31, 2022, the Commission issued an order granting the temporary and limited waiver for a period of 210 days, and only to the extent necessary to facilitate the pending transaction. On February 13, 2023, Purchasers submitted a joint request for an extension of the waiver granted in the August 31 order, asking for an additional 90-day waiver due to one minor outstanding approval to be issued in the near future, but unlikely prior to the extension period, by the Bureau of Ocean Energy Management. Agenda item G-1 may be an order on the request for an extension of the temporary and limited waiver by Purchasers.
G-2 – Transcontinental Gas Pipe Line Company, LLC (Docket No. RP21-1143-001). On September 21, 2021, Transcontinental Gas Pipe Line Company, LLC (Transco) submitted a petition for declaratory order granting authorization to charge market-based rates for the firm and interruptible natural gas storage services performed at its Washington Storage Field in Louisiana and approving certain waivers. In the petition, Transco asserted that it lacks market power consistent with the criteria set forth in Alternatives to Traditional Cost-of-Service Ratemaking for Natural Gas Pipelines; Regulation of Negotiated Transportation Services of Natural Gas Pipelines (Policy Statement). In accordance with the Policy Statement, Transco stated that the rates for natural gas storage services at the Washington Storage Field will be limited to just and reasonable levels, due to market forces. During the ensuing comment period, a number of stakeholders, including a group of utilities that are firm customers of the Washington Storage Field (WSS Customer Group), filed protests and requests for a full evidentiary hearing, citing the rights of first refusal afforded to customers under the existing Transco tariff, the prior rate settlement approved in Docket No. RP18-1126, and Commission regulations. On November 8, 2021, Transco filed an answer to the respective protests and motions, contesting the claims and reasserting that the petition does not contravene the existing settlement agreement, rights of first refusal, or the exertion of market power. On October 27, 2022, the Commission issued an order granting the petition for market-based rate authority and related waivers with the condition that, if Transco elects to provide service at market-based rates, it must notify the Commission thereafter if future changes in circumstance affect its market power status. On November 28, 2022, WSS Customer Group filed a request for rehearing of the October 27 order, alleging that the Commission did not address several arguments relating to the legal basis of the rates charged by Transco pursuant to the Natural Gas Act (NGA). Additionally, WSS Customer Group stated that the order did not explain why it would not be appropriate to grandfather existing rights of first refusal to customers. Agenda item G-2 may be an order on the request for rehearing brought forward by WSS Customer Group.
H-1 – Brookfield White Pine Hydro LLC (Docket No. P-2322-073). On January 31, 2020, Brookfield White Pine Hydro LLC (BWPH) submitted an application for a new license for the Shawmut Hydroelectric Project, FERC Project No. 2322-069, located in Maine. On October 18, 2021, BWPH submitted an application for water quality certification, pursuant to section 401(a)(1) of the Clean Water Act (CWA). BWPH is required to obtain a water quality certification from the Maine Department of Environmental Protection (Maine DEP) for the discharge originating from the Project before the Commission can issue a new license for the Project under the FPA, unless the certification requirement is waived. On October 12, 2022, the Maine DEP issued an order denying the water quality certification application, stating that BWPH did not furnish sufficient information to evaluate and process the determination and potential material changes since the filing of the application the year prior. On November 7, 2022, BWPH filed a request for the Commission to determine that the denial issued by Maine DEP did not satisfy the regulatory burden of the Environmental Protection Agency (EPA) and therefore the certification requirement for the project should be waived. On November 22, 2022, the Commission issued a determination affirming the Maine DEP denial of water quality certification pursuant to 40 C.F.R. § 121.7(e). On December 16, 2022, BWPH filed a request for rehearing of the November 22 order, stating that the Commission did not acknowledge or address the substantive basis of the November 7 request. BWPH asserts that the Commission erred in its determination that the denial by Maine DEP satisfied the requirements of the CWA and that the requirement to obtain a water quality certification for the Project should be waived. Agenda item H-1 may be an order on the request for rehearing by BWPH.
C-1 – Florida Gas Transmission Company, LLC (Docket No. CP23-11-000). On November 3, 2022, Florida Gas Transmission Company, LLC (FGT) filed a Prior Notice Request for Authorization (Prior Notice Request) pursuant to FGT's blanket certificate granted in Docket No. CP82-553-000 and sections 157.205, 157.208, 157.210, and 157.211 of the Commission's regulations, to construct/modify, install, own, maintain, and operate certain natural gas pipeline facilities (including lateral looping) and appurtenant facilities in Pinellas and Hillsborough Counties, Florida (collectively, the Tampa West Project). Specifically, the Tampa West Project will enable FGT to decrease certain existing Peoples Gas System (PGS) delivery point capacity by 10,000 MMBtu/d in PGS's St. Petersburg Division on FGT's system in Pinellas County, Florida, and increase delivery point capacity by 10,000 MMBtu/d to PGS Tampa West in PGS's Tampa Division on the FGT system in Hillsborough County, Florida, without any change in the daily capacity of FGT's mainline system. On January 13, 2023, Commission staff issued an Environmental Assessment for the Tampa West Project concluding that approval thereof would not constitute a major federal action significantly affecting the quality of the human environment. On January 13, 2023, Food and Water Watch (FWW) submitted a protest of the West Tampa Project. FWW contends the FGT's request requires heightened scrutiny due to the increased delivery of methane gas to Tampa Electric Company's Big Bend Modernization Project, and requests an environmental review of the cumulative and indirect effects of the West Tampa Project. On February 24, 2023, Commission staff issued a Supplemental Environmental Assessment for the Tampa West Project, which includes a cumulative impacts assessment (including greenhouse gas emissions and environmental assessment). The Supplemental Environmental Assessment found that the West Tampa Project, when considered with other past, present, and reasonably foreseeable future actions in the region, will not result in a significant cumulative impact on environmental resources. Agenda item C-1 may be an order on the Prior Notice Request.
C-2 – Columbia Gas Transmission, LLC (Docket No. CP21-498-000). On September 21, 2021, Columbia Gas Transmission, LLC (Columbia Gas) filed an application (Application) pursuant to section 7(c) of the Natural Gas Act (NGA) requesting authorization to construct and operate the Virginia Electrification Project. Specifically, the Virginia Electrification Project will consist of the following facilities (all located in Virginia): (i) installation of one zero emission electric motor compressor unit at the Boswell Tavern Compressor Station located in Louisa County; (ii) facility modifications to the Boswells Tavern POR located in Louisa County to allow for increased capacity; (iii) replacement of all five existing gas-powered compressor units at the Goochland Compressor Station, located in Goochland County, with two new dual-drive units that would increase the station capacity by 4,250 horsepower and run exclusively on electric motors, but will have the ability to run on gas in order to ensure reliability; and (iv) a status change of an existing gas-fired compressor unit from backup mode to active mode and an increase to the site-rated station power from 4,250 horsepower to 5,500 horsepower at the Petersburg Compressor Station located in Prince George County. Columbia Gas explains in the Application that the purpose of the Virginia Electrification Project would be to provide about 35,000 dekatherms per day of incremental mainline capacity on its pipeline system, as requested by Columbia Gas of Virginia to meet growing energy demand in the southeast Virginia market area. On December 16, 2022, Commission staff issued a final Environmental Impact Statement (EIS) for the Virginia Electrification Project, concluding that approval thereof, with appropriate mitigating measures, would result in some adverse environmental impacts; however, with the exception of climate change impacts, those impacts would not be significant. The final EIS explained that it is not characterizing the Virginia Electrification Project's greenhouse gas emissions as significant or insignificant because the Commission is conducting a generic proceeding to determine whether and how the Commission will conduct significance determinations going forward. Agenda item C-2 may be an order on the Application.
C-3 – Alliance Pipeline L.P. (Docket No. CP21-113-000). On April 1, 2021, Alliance Pipeline L.P. (Alliance) filed an application (Application) with the Commission seeking authorization under section 7(c) of the Natural Gas Act (NGA), requesting authorization to construct and operate a 2.9-mile, 20-inch-diameter natural gas transmission pipeline and associated facilities in Grundy County, Illinois (Three Rivers Interconnection Project). The Three Rivers Interconnection Project would connect Alliance's existing interstate natural gas transmission system to the Competitive Power Venture's Three Rivers Energy Center. On January 13, 2023, Commission staff issued a final Environmental Impact Statement (EIS) for the Three Rivers Interconnection Project, concluding that approval thereof, with appropriate mitigating measures, would result in some adverse environmental impacts; however, with the exception of climate change impacts, those impacts would not be significant. The final EIS explained that it is not characterizing the Three Rivers Interconnection Project's greenhouse gas emissions as significant or insignificant because the Commission is conducting a generic proceeding to determine whether and how the Commission will conduct significance determinations going forward. Agenda item C-3 may be an order on the Application.
C-4 – Cameron LNG, LLC (Docket No. CP22-41-000). On January 18, 2022, Cameron LNG, LLC (Cameron LNG) filed an application (Amendment Application) proposing to amend its authorization under section 3 of the Natural Gas Act for the Cameron Expansion Project that was issued by the Commission on May 5, 2016 in Docket No. CP15-560-000. Specifically, Cameron LNG proposes to: (i) modify the approved Train 4 and perform associated design enhancements; (ii) no longer construct Train 5 or Tank 5; and incorporate an additional design enhancement to allow for the capability to simultaneously load two LNG vessels at a rate of 12,000 cubic meters/hour at both the North and South Jetties. Cameron LNG explains in the Amendment Application that the proposed amendment is intended to increase the overall reliability and capacity of Train 4 and eliminate impacts form construction and operation of Train 5. On December 2, 2022, Commission staff issued an Environmental Assessment for the Amendment Application, concluding that approval thereof, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-4 may be an order on the Amendment Application.
C-5 – Omitted
C-6 – Transcontinental Gas Pipe Line Company, LLC (Docket No. CP21-94-001). On January 11, 2023, the Commission issued an order (Certificate Order) authorizing Transcontinental Gas Pipe Line Company, LLC (Transco) to construct and operate the Regional Energy Access Expansion Project. The Regional Energy Access Expansion Project consists of the abandonment and replacement of existing, less energy efficient compression facilities and the construction of new pipeline facilities in Luzerne and Monroe Counties, Pennsylvania, and a new compressor station in Gloucester County, New Jersey; the expansion of existing compressor stations in Somerset County, New Jersey, and Luzerne County, Pennsylvania; modifications to the certified capacity of compressor stations in York and Chester Counties, Pennsylvania, and Middlesex County New Jersey; and modifications to various tie-ins, regulators, and delivery meter stations in Pennsylvania, New Jersey, and Maryland. On February 10, 2023, a number of environmental intervenors, the New Jersey Board of Public Utilities, and the New Jersey Division of Rate Counsel requested rehearing on the Certificate Order (collectively, the Rehearing Requests). The Rehearing Requests generally assert that the Commission erred in concluding that the Regional Energy Access Expansion Project is or will be required by the present or future public convenience and necessity under the Natural Gas Act, and that the Commission's environmental review for the Regional Energy Access Expansion Project was deficient under the National Environmental Policy Act. Agenda item C-6 may be an order on the Rehearing Requests.
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