Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on November 16, 2023, pursuant to the sunshine notice released on November 9, 2023.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate Items
E-1 – Black Hills Colorado Electric, LLC (Docket Nos. ER22-2185-001, ER22-2185-000). On June 24, 2022, Black Hills Colorado Electric, LLC (Black Hills Colorado) filed, under section 205 of the Federal Power Act (FPA) and Section 35.13 of the Commission's regulations, proposed revisions to its tariff to transition from a stated transmission rate to a forward-looking transmission formula rate for transmission service. On August 31, 2022, the Commission issued an order accepting Black Hill Colorado's proposed revisions, suspending the revisions for a nominal period, to become effective September 1, 2022 subject to refund, and establishing settlement judge procedures. On September 12, 2023, Black Hills Colorado filed a settlement package with the presiding administrative law judge. On October 4, 2023, the presiding administrative law judge issued an order certifying the proposed settlement as uncontested and recommending it for approval by the Commission. Agenda item E-1 may be an order regarding Black Hills Colorado's uncontested settlement in Docket No. ER21-2185.
E-2 – Wabash Valley Power Association, Inc. (Docket No. ER20-1041-003). On October 1, 2018, Tipmont Rural Electric Member Cooperative (Tipmont) filed, pursuant to sections 206 and 306 of the FPA and Rule 206 of the Commission's Rules of Practice and Procedure, a complaint (Complaint) against Wabash Valley Power Association, Inc. (Wabash), requesting that the Commission find that Tipmont may terminate service early under its all-requirements wholesale power supply contracts with Wabash. On February 20, 2020, Wabash filed pursuant to FPA section 205 and section 35.13 of the Commission's regulations, an unexecuted agreement (Agreement) for early termination of wholesale power supply contracts between Wabash and Tipmont as a new Section 3.023.003.001 of its FERC Electric Tariff Volume No. 1 (Formula Rate Tariff). On April 20, 2020, the Commission issued an order establishing hearing procedures. Following hearing procedures, on January 28, 2022, the presiding administrative law judge issued an Initial Decision finding that Wabash has not demonstrated that its FPA section 205 filing in its entirety is just and reasonable, that Wabash failed to demonstrate that it's proposed buyout amount is just and reasonable and instead adopting Trial Staff's proposed rate. The parties subsequently filed briefs on exception to the administrative law judge's Initial Decision. Agenda item E-2 may be an order on the Wabash Initial Decision.
E-3 – PJM Interconnection, L.L.C. (Docket No. EL21-78-000). On June 17, 2021, the Commission issued a show cause order pursuant to section 206 of the FPA instituting an investigation into whether PJM Interconnection, L.L.C.'s (PJM) Open Access Transmission Tariff and the Amended and Restated Operating Agreement (PJM Tariff) are unjust, unreasonable, unduly discriminatory, or preferential, or otherwise unlawful based on the ability for market sellers being subject to parameter-limited offers. On September 15, 2021, PJM filed an answer to the Commission's June 17, 2021 order. Agenda item E-3 may be an order regarding the Commission's June 17, 2021 show cause order and FPA 206 investigation.
E-4 – Louisville Gas and Electric Company and Kentucky Utilities Company, Kentucky Utilities Company, Louisville Gas and Electric Company and Kentucky Utilities Company Louisville Gas and Electric Company and Kentucky Utilities Company (Docket Nos. ER23-2656-000, ER23-2662-000, ER21-894-000, ER21-895-000, ER21-896-000, ER21-897-000, ER21-900-000, ER21-904-000 (consolidated), ER21-894-002). The above-referenced dockets relate to the D.C. Circuit's 2022 opinion in Ky. Mun. Energy Agency v. FERC, 45 F.4th 162 (D.C. Cir. 2022) and subsequent remand proceedings stemming from Louisville Gas and Electric Company (LG&E) and Kentucky Utilities Company (KU) prior merger and withdrawal from the MISO regional transmission organization. Agenda item E-4 may be an order relating to LG&E and KU's various compliance filings relating to the remand proceedings.
E-5 – Louisville Gas and Electric Company and Kentucky Utilities Company (Docket Nos. EC98-2-006, ER18-2162-005). The above-referenced dockets relate to the D.C. Circuit's 2022 opinion in Ky. Mun. Energy Agency v. FERC, 45 F.4th 162 (D.C. Cir. 2022) and subsequent remand proceedings stemming from Louisville Gas and Electric Company (LG&E) and Kentucky Utilities Company (KU) prior merger and withdrawal from the MISO regional transmission organization. Agenda item E-5 may be an order relating to LG&E and KU's various compliance filings relating to the remand proceedings.
E-6 – Horus West Virginia I, LLC (Docket Nos. ER23-2893-000, TS23-8-000). On September 15, 2023, Horus West Virginia I, LLC (Horus West Virginia) submitted a Request for Temporary Waivers (Waiver Request) of certain Commission open access transmission tariff (OATT), open access same-time information system (OASIS), and Standards of Conduct requirements. On October 20, 2023, at the informal request of Commission staff, Horus West Virginia submitted a supplement to its Waiver Request to provide a more fulsome description of the relevant facilities and scope of the requested waivers. The Waiver Request pertains to the ownership and operation of certain Transmission Owner Interconnection Facilities (TO Interconnection Facilities) and customer interconnection facilities to be constructed and operated in order to interconnect an 80 MW solar facility (the Facility) that will be owned and operated by Horus West Virginia to transmission facilities owned by The Potomac Edison Company (Potomac Edison). Horus West Virginia is constructing the TO Interconnection Facilities and customer interconnection facilities pursuant to an Interconnection Service Agreement (ISA) and an Interconnection Construction Service Agreement (ICSA) between Horus West Virginia, Potomac Edison, and PJM Interconnection, LLC. Pursuant to the terms of the ISA and the ICSA, Horus West Virginia will transfer operational control of the TO Interconnection Facilities to Potomac Edison prior to energization and will transfer ownership of the TO Interconnection Facilities to Potomac Edison after they have been energized and after Potomac Edison has accepted such transfer of ownership. Agenda item E-6 may be on order on Horus West Virginia's temporary waiver request.
E-7 – EverBright, LLC (Docket No. EL24-2-000). On October 3, 2023 EverBright, LLC (EverBright) filed a petition for a declaratory order for a limited waiver of certain qualifying facility (QF) certification filing requirements regarding the Commission's one-mile rule and 1 MW exemption as it pertains to residential solar photovoltaic (PV) systems. EverBright requested waiver (1) only for purposes of calculating the 1 MW filing exemption; and (2) only for small (less than 35 kW), separately-interconnected, residential PV systems and related equipment for which the homeowner has an option to purchase. EverBright's request did not impact the 20 MW, 30 MW or 80 MW thresholds that determine eligibility for exemptions under the FPA and the Public Utility Holding Company Act (PUHCA), or the right to sell energy and capacity to utilities under the Public Utility Regulatory Policy Act (PURPA). EverBright argued that granting the waiver is consistent with Commission precedent finding that similar waiver requests were consistent with the Commission's QF regulations. Agenda item E-7 may be an order on EverBright's limited waiver request of the QF certification filing requirements.
E-8 – The Carlyle Group Inc. and NineDot Energy, LLC (Docket No. EL23-86-000). On July 25, 2023, The Carlyle Group Inc. (The Carlyle Group) and NineDot Energy, LLC (NineDot), filed a petition for declaratory order on behalf of themselves and their current and future "subsidiary companies" that, in each case, are "holding companies" or associated "service companies" and upstream owners (collectively, the Relevant Entities) under PUHCA requested an order granting (i) an individual exemption from the access to books and records requirements of 18 C.F.R. § 366.2 and the accounting, record retention, and reporting requirements of 18 C.F.R. §§ 388.21, 366.22, and 366.23, (ii) blanket authorization from the requirements of Section 203(a)(2) of the FPA to the extent set forth in 18 C.F.R. § 33.1(8), and (iii) clarification that the revenues associated with the activities described herein shall not be treated as "public-utility company revenues" under 18 C.F.R. § 366.3(c)(1). Agenda item E-8 may be an order on request for a declaratory order from The Carlyle Group and NineDot.
E-9 – Duke Energy Progress, LLC (Docket Nos. ER22-682-004, ER22-682-000, ER22-682-003). On July 7, 2023, Duke Energy Progress, LLC (DEP), on behalf of itself and North Carolina Eastern Municipal Power Agency (NC Power Agency) (collectively, the Settling Parties), filed an Offer of Settlement and Settlement Agreement (the Settlement) with respect to the Proposed revision of Rate Schedule No. 200, the Ninth Amended and Restated Full Requirements Power Purchase Agreement. Subsequently, on August 4, 2023, the Settling Parties filed an Errata to the Settlement (Errata) that corrected a single misstated date. On July 11, 2023, in Docket No. ER22-682-005, the Chief Judge granted the Settling Parties' unopposed motion to implement the interim rate stated in the Settlement, effective on August 1, 2023. On July 27, 2023, the Commission Trial Staff filed initial comments supporting the Settlement. The Settling Parties filed a Joint Reply to Commission Trial Staff's comments on August 4, 2023. The Settlement remains uncontested. On August 24, 2023, the Chief Judge issued their Final Report and filed the Certification of Uncontested Settlement. On August 29, 2023, the Chief Judge terminated settlement proceedings. Agenda item E-9 may be an order on the uncontested settlement.
E-10 – ITC Midwest, LLC (Docket No. ER23-2033-001). On September 7, 2023, the Industrial Energy Consumers of America (IECA), the Coalition of MISO Transmission Customers (CMTC), the Resale Power Group of Iowa (RPGI), and the Wisconsin Industrial Energy Group (WIEG) (collectively, the Consumer Alliance) filed a request for rehearing of the order issued by the Commission on August 8, 2023 (August 8 Order) accepting the application by ITC Midwest, LLC (ITC Midwest) for authorization to recover 100% of prudently incurred costs associated with the Iowa portion of the Skunk River-Ipava 345 kV project (Project) if the Project is cancelled or abandoned for reasons beyond ITC Midwest's control. In the alternative, if the Commission does not grant rehearing, the Consumer Alliance requested clarification of the August 8 Order. On September 18, 2023, ITC Midwest filed a Limited Answer to the Consumer Alliance's rehearing request. ITC Midwest argues that Commission should deny Consumer Alliance's request because it would require the Commission to impermissibly prejudge the outcome of a theoretical FPA section 205 proceeding assessing the prudency of costs incurred in developing the Project, which is provided for under the Commission's Order No. 679 transmission incentive recovery framework. Agenda item E-10 may be an order on Consumer Alliance's rehearing request.
E-11 – Ameren Illinois Company (Docket No. ER23-1335-000). On March 14, 2023, Ameren Illinois Company (Ameren Illinois) submitted its annual informational filing relating to the projected net revenue requirement effective January 1, 2023 and 2021 Annual True-Up under Attachment O of the MISO Tariff. The filing was made pursuant to prior Commission orders in Docket Nos. EL12-35 and ER13-2379 as well as the formula rate protocols set forth in the MISO Tariff. In accordance with section 206 of the FPA, the orders stipulated that transmission owners in MISO submit annual informational filings to ensure that rates are just and reasonable. On April 19, 2023, Southwestern Electric Cooperative, Inc., Norris Electric Cooperative, and Rural Electric Convenience Cooperative (collectively, Cooperative Customers) filed a formal challenge of the annual informational filing by Ameren Illinois. In the challenge, Cooperative Customers alleged that the proposed Annual Transmission Revenue Requirement (ATRR) is excessive and certain costs and expenses may be direct charged to a specific operating account as opposed to being allocated to transmission customers in the ATRR. On May 19, 2023, Ameren Illinois filed a response to the formal complaint by Cooperative Customers, stating that it has properly followed its formula rate on file with the Commission as well as the structure of its Uniform System of Accounts. Agenda item E-11 may be an order on the annual informational filing by Ameren Illinois.
G-1 – Epsilon Trading, LLC, Chevron Products Company, and Valero Marketing and Supply Company v. Colonial Pipeline Company (Docket No. OR18-7-002); BP Products North America, Inc., Trafigura Trading LLC, and TCPU, Inc. v. Colonial Pipeline Company (Docket No. OR18-12-002); TransMontaigne Product Services LLC v. Colonial Pipeline Company (Docket No. OR18-17-002); Southwest Airlines Co. and United Aviation Fuels Corporation v. Colonial Pipeline Company (Docket No. OR19-1-001); Phillips 66 Company v. Colonial Pipeline Company (Docket No. OR19-4-001); American Airlines, Inc. v. Colonial Pipeline Company (Docket No. OR19-16-001); Metroplex Energy, Inc. v. Colonial Pipeline Company (Docket No. OR19-20-000); Gunvor USA LLC v. Colonial Pipeline Company (Docket No. OR19-27-000); Pilot Travel Centers, LLC v. Colonial Pipeline Company (Docket No. OR19-36-000); Sheetz, Inc. v. Colonial Pipeline Company (Docket No. OR20-7-000); Apex Oil Company, Inc. and FutureFuel Chemical Company v. Colonial Pipeline Company (Docket No. OR20-9-000) (consolidated). This consolidated proceeding arose from a series of complaints that challenged Colonial Pipeline Company's (Colonial) indexed, grandfathered, and market-based rates. The complainants requested that (1) Colonial's market-based rate authority previously granted by the Commission with respect to certain routes be revoked because Colonial has market power in its origin markets and (2) the Commission find that Colonial's existing cost-based rates are unjust and unreasonable, and order Colonial to replace those rates with new just and reasonable rates. Complainants also sought reparations for amounts paid in excess of the just and reasonable rates for the statutorily allowed period. On December 1, 2021, the Presiding Administrative Law Judge (ALJ) issued a first partial initial decision on Colonia's market-based rates and Product Loss Account (PLA) charges. In her first partial initial decision, the Presiding ALJ found that, under the totality of the record, Colonial continues to lack the ability to exercise market power in the 90-county Gulf Coast geographic origin market but no longer lacks the ability to exercise market power in the 16-county Tuscaloosa-Moundville geographic origin market. Accordingly, the Presiding ALJ recommended that the Commission deny the complaint to Colonial's market-based rates for such Gulf Coast origin market, grant the complaint as to the Tuscaloosa-Moundville origin market, and not use its discretion to award reparations because no damages are supported on such record by substantial evidence, as would be required by the Interstate Commerce Act. The Presiding ALJ also found that Colonial's method of net recovery of costs associated with product loss, compatible interface and incompatible interface, and transmix disposition pursuant to one product loss account that Colonial claims to manage "on behalf of its shippers" is unjust and unreasonable. Accordingly, the Presiding ALJ recommended that the costs and revenues associated therewith be extracted from Colonial's cost-of-service rates and instead be recovered by Colonial pursuant to a fixed, tariff-based 0.19 percent allowance oil deduction (consistent with record evidence). The Presiding ALJ further recommended that the Commission exercise its discretion and find that the facts warrant awarding reparations, if any, to the complaining shippers under the Interstate Commerce Act. Agenda item G-1 may be an order on the first initial decision issued by the Presiding ALJ on December 1, 2021, including the briefs thereon and opposing exceptions thereto.
G-2 – Epsilon Trading, LLC, Chevron Products Company, and Valero Marketing and Supply Company v. Colonial Pipeline Company (Docket No. OR18-7-003); BP Products North America, Inc., Trafigura Trading LLC, and TCPU, Inc. v. Colonial Pipeline Company (Docket No. OR18-12-003); TransMontaigne Product Services LLC v. Colonial Pipeline Company (Docket No. OR18-17-003); Southwest Airlines Co. and United Aviation Fuels Corporation v. Colonial Pipeline Company (Docket No. OR19-1-002); Phillips 66 Company v. Colonial Pipeline Company (Docket No. OR19-4-002); American Airlines, Inc. v. Colonial Pipeline Company (Docket No. OR19-16-002); Metroplex Energy, Inc. v. Colonial Pipeline Company (Docket No. OR19-20-001); Gunvor USA LLC v. Colonial Pipeline Company (Docket No. OR19-27-001); Pilot Travel Centers, LLC v. Colonial Pipeline Company (Docket No. OR19-36-001); Sheetz, Inc. v. Colonial Pipeline Company (Docket No. OR20-7-001); Apex Oil Company, Inc. and FutureFuel Chemical Company v. Colonial Pipeline Company (Docket No. OR20-9-001) (consolidated). See summary above for agenda item G-1. On April 27, 2022, the Presiding ALJ issued a second partial initial decision addressing the remaining cost-based rates issues raised in this proceeding. In her second partial initial decision, the Presiding ALJ evaluated and made certain recommendations to the Commission as to the record keeping, reporting and data management issues related to FERC Accounts 250 and 260. According to the Presiding ALJ, these issues were raised in the hearing order, used significant administrative resources to unravel, and "were compounded and complicated by the record-keeping, reporting, and data management misadventures of Colonial." The Presiding ALJ also provided recommendations regarding the threshold issues concerning this investigation into Colonial's cost-of-service for the base and test periods, including: (a) whether the complaints against the grandfathered portion of the regulated rate established by the Energy Policy Act of 1992 can stand in light of Section 1803's plain language (and the impact and risks posed by that, if any); (b) what is the analysis and result of the application of the substantial change test required by the Energy Policy Act of 1992 and FERC Opinion 154-B; (c) whether Colonial's currently indexed rates must be shown to have substantially deviated from its costs before there may be an analysis of Colonial's cost-of-service; (d) whether there is a reasonable, alternative basis for evaluating Colonial's cost-of-service under a stand-alone cost or incumbent network cost analysis; and (e) whether Colonial's test period cost-of-serve should continue to be based upon the recovery of costs and revenues under a trended-original cost analysis or whether the Commission should do so under a depreciated original cost analysis. The Presiding ALJ then turned to the issue of whether Colonial's existing, currently indexed rates remain just and reasonable, finding that an initial compliance filing is necessary to resolve this issue. According to the Presiding ALJ, the delta – if any – between Colonial's currently indexed rates and the accepted base and/or test period cost-of-service cannot be determined until a new, fully allocated cost-of-service is generated in accordance with this second partial initial decision and the Commission's order thereon. Agenda item G-2 may be an order on the second initial decision issued by the Presiding ALJ on April 27, 2022, including the briefs thereon and opposing exceptions thereto.
G-3 – Omitted
H-1 – Aspinook Hydro, LLC (Docket No. P-3472-026). On April 30, 2020, Aspinook Hydro, LLC (Aspinook) filed an application for a new license, pursuant to Part I of the FPA, to continue operation of the Wyre Wynd Hydroelectric Project No. 3472. On February 2, 2023, the Commission issued an Environmental Assessment (EA) for the Project, finding that the continued operation would not constitute a significant effect on the human environment. On July 11, 2023, the Commission issued an order granting the new license with a 40-year standard, per Commission policy. On August 10, 2023, Aspinook submitted a request for rehearing of the July 11 order, stating that the 40-year license term is insufficient and asking that the Commission modify the approval order to extend the license term to 45 years. Agenda item H-1 may be an order on the request for rehearing.
H-2 – Saugerties Community Hydro, LLC (Docket No. P-15111-001). On March 15, 2021, Saugerties Community Hydro, LLC (Saugerties) submitted a preliminary application for the Saugerties Community Hydro Project. On August 18, 2021, the Commission issued an order granting the preliminary permit and priority to file the license application for the Project. On September 15, 2022, the Commission issued an order cancelling the preliminary permit due to an overdue progress report. On September 29, 2022, Saugerties filed its twelve-month progress report on the Project and, subsequently, the Commission issued an order rescinding the cancellation on October 11, 2022. On September 15, 2023, the Commission issued another order cancelling the preliminary permit due to Saugerties failing to submit a timely progress report. On September 20, 2023, Saugerties and its parent company, Current Hydro, LLC, filed a letter to the Commission indicating that it had been sold to a major family office two days prior to the due date of the 2023 progress report. Accordingly, the new owner, Now Energy Systems Corporation, requested rehearing of the September 15 order. Agenda item H-2 may be an order on the request for rehearing on the order that rescinded the preliminary permit.
H-3 – New York State Electric & Gas Corporation (Docket No. P-2934-042). On March 13, 2023, the Commission issued an order which modified the operation compliance monitoring plan for the Upper Mechanicsville hydroelectric project, pursuant to Article 403 of the existing license, as owned and operated by New York State Electric & Gas Corporation (NYSEG). On April 12, 2023, NYSEG submitted a request for rehearing of the March 13 order, stating that the Commission did not properly account for the unique operational characteristics of the project and will likely increase the reporting obligations of NYSEG — and reviewing burdens of the Commission — without commensurate benefits. Agenda item H-3 may be an order on the rehearing request by NYSEG.
C-1 – Transcontinental Gas Pipe Line Company, LLC (Docket No. CP22-502-000); Columbia Gas Transmission, LLC (Docket No. CP22-503-000). On August 24, 2022, Columbia Gas Transmission, LLC (Columbia) filed an application (Columbia Application) with the Commission in Docket No. CP22-503-000 for authorization under sections 7(b) and 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations to construct and operate certain interstate natural gas facilities in southeastern Virginia (the Virginia Reliability Project, or VRP). The VRP would involve replacement of about 49.2 miles of existing 12-inch-diameter pipeline with 24-inch-diameter pipeline mostly within Columbia's existing right-of-way; installation of a new dual-drive compressor unit at the existing Emporia Compressor Station; modifications at the existing Petersburg Compressor Station, Emporia Point of Receipt, Regulatory Station 7423, and MS-831010 Point of Delivery; and replacement or installation of mainline valves, launchers/receivers, and other minor appurtenant facilities. Also on August 24, 2022, Transcontinental Gas Pipe Line Company, LLC (Transco) filed an application (Transco Application and, together with the Columbia Application, the Applications) with the Commission in Docket No. CP22-502-000 for authorization under section 7(c) of the NGA and Part 157 of the Commission's regulations to construct, operate, and maintain certain interstate natural gas facilities in southeastern Virginia (the Commonwealth Energy Connector Project, or CEC Project, and together with the VRP, the Projects). The CEC Project would involve construction of a 6.35-mile-long, 24-inch-diameter pipeline loop (referred to as the Commonwealth Loop), including valve and launcher/receiver facilities; addition of an electric motor-driven compressor unit at the existing Compressor Station 168; and modification the existing Emporia M&R Station. Commission staff issued a draft Environmental Impact Statement (EIS) on April 11, 2023 and a final EIS on September 15, 2023. Commission staff concluded in the final EIS that the effects of the Projects, with implementation of Columbia and Transco's impact avoidance, minimization, and mitigation measures, as well as adherence to Commission staff's recommendations, would be less than significant, except for climate change impacts, which were not characterized in the final EIS as significant or insignificant. Agenda item C-1 may be an order on the Applications.
C-2 – Omitted
C-3 – Virginia Electric and Power Company (Docket No. CP23-468-000). On May 2, 2023, Virginia Electric and Power Company d/b/a Dominion Energy Virginia (DEV) filed a petition for a declaratory order (Petition) seeking a determination that if built and operated as described therein, a planned liquefied natural gas (LNG) production, storage, and regasification facility (Back-up Fuel Project) will not be subject to the Commission's jurisdiction under the Natural Gas Act. According to DEV, the Back-up Fuel Project will be located in Virginia and will be used solely to provide back-up fuel for two of DEV's nearby combined-cycle natural gas-fired electric generation stations—also located in Virginia—in the event of severe weather, cyberattacks, natural disasters, or other interruptions that disrupt DEV's primary natural gas supply. The Petition further states that the Project will not provide fuel for any entities other than DEV and will enhance the reliability of electric service by ensuring that an alternate supply of fuel is available. DEV asserts that the Back-up Fuel Project is non-jurisdictional (a) under Section 1(b) or Section 1(c) of the NGA, because the Project will not store gas for use in interstate commerce. DEV alleges that the Back-up Fuel Project is instead subject to the longstanding so-called "plant line exception" to the Commission's jurisdiction under NGA Section 1(b) because it is being built in a "single state by a plant owner solely for the purpose of moving natural gas for use in its own plant. DEV argues that operation of the Back-up Fuel Project also does not render DEV a "natural-gas company" under NGA Section 2(6). DEV argues, in the alternative, that the Back-up Fuel Project is non jurisdictional under the "Hinshaw Amendment" in NGA Section 1(c) because all of the gas used on the Project will be received and consumed in Virginia, and the Project will be subject to the regulation of the Virginia State Corporation Commission ("VSCC"). DEV accordingly requests a declaratory order affirming that, if built and operated as described in this Petition, the Back-up Fuel Project will not be subject to the Commission's jurisdiction under the NGA. Agenda item C-3 may be an order on the Petition.
C-4 – Tennessee Gas Pipeline Company, L.L.C. (Docket No. CP20-50-002). On September 8, 2023, the Commission issued an order (Order) authorizing Tennessee Gas Pipeline Company, L.L.C. (TGP) to commence construction for the Evangeline Pass Project located in St. Bernard and Plaquemines Parishes, Louisiana. On September 21, 2023, Sierra Club and Healthy Gulf (collectively, Intervenors) sought rehearing of the Order (Rehearing Request). In the Rehearing Request, Intervenors argued that the Order is unlawful because its rests on an underlying certificate order and final environmental impact statement that violate the National Environmental Policy Act. In addition to the request for rehearing and vacatur of the Order, Intervenors also moved for a stay of the Order, asserting that (a) project construction will cause irreparable injury to intervenors, their members, and the environment, (b) any harm to the applicant from a stay would be temporary, reparable, and outweighed by imminent, irreparable harm to Intervenors, and (c) a stay is in the public interest. On October 23, 2023, the Commission issued a notice of denial of rehearing by operation of law with respect to the Rehearing Request while providing that the Commission would address the Rehearing Request in a future order. Agenda item C-4 may be an order on the Rehearing Request.
C-5 – Transcontinental Gas Pipe Line Company, LLC (Docket No. CP22-501-000). On April 18, 2022, Transcontinental Gas Pipe Line Company, LLC (Transco) initiated the Commission's pre-filing review process for the Southeast Energy Connector Project (Project), which will provide 150,000 dekatherms per day of firm natural gas transportation to serve a power generation facility owned by Alabama Power, a public utility subsidiary of Southern Company Services, Inc. (Southern). Following the pre-filing process, Transco filed an application (Application) for the Project on August 22, 2022, requesting Commission action by October 30, 2023, to allow Transco to meet Southern's requested in-service date of September 1, 2025. On March 24, 2023, the Commission issued an environmental assessment for the Project, concluding that approval of the Project would not result in significant environmental impacts and that the Project with the recommended mitigation measures, is the preferred alternative to meet the Project objectives. On October 6, 2023, Transco filed a letter requesting that the Commission issue an order approving the Project. Agenda item C-5 may be an order on the Application.
C-6 – Stingray Pipeline Company, L.L.C. (Docket Nos. CP20-528-002, CP20-529-001). On September 25, 2020, and as amended on December 11, 2020, Stingray Pipeline Company, L.L.C. (Stingray) filed applications in Docket No. CP20-528-000 pursuant to section 7(b) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations for authorization to abandon variously by removal, in-place, and sale to Triton Gathering LLC (Triton), facilities located in federal waters offshore Louisiana and Texas (West Cameron 509 System). Further, Stingray requested a determination that the West Cameron 509 System to be abandoned by sale to Triton will, upon acquisition by Triton, function as non-jurisdictional gathering facilities exempt from Commission regulation, pursuant to section 1(b) of the NGA. Also on September 25, 2020, Stingray filed an application in Docket No. CP20-529-000 pursuant to section 7(b) of the NGA and Part 157 of the Commission's regulations for authorization to abandon by sale to Triton mainline facilities located in Cameron Parish, Louisiana, and offshore Louisiana (Mainline Facilities). Through these applications, Stingray seeks to abandon all of its Commission-jurisdictional facilities. Accordingly, Stingray also requests authorization to abandon: (1) its NGA section 7 certificate of public convenience and necessity for the operation of its pipeline system; (2) its Part 157, Subpart F blanket certificate; and (3) its Part 284, Subpart G blanket certificate. Lastly, Stingray requests cancellation of its FERC Gas Tariff, Fifth Revised Volume No. 1, including all rate schedules therein. On June 15, 2023, the Commission issued an order (Order) granting the requested abandonment authorizations and determining that the West Cameron 509 System will be non-jurisdictional following acquisition by Triton. On July 17, 2023, Stingray filed a rehearing request (Rehearing Request), in which it requested rehearing of the condition in Ordering Paragraph (H) of the Order. That Ordering Paragraph requires Stingray to either place Segment 3394 into service or obtain shipper agreement that it remain out of service, because, according to Stingray, it is not supported by record evidence or Commission precedent and does not reflect reasoned decision-making. Stingray also argues that this condition is not in the public interest because it alters the commercial arrangement that is the basis for the abandonment requested by Stingray in Docket No. CP20-528-000, thereby harming both Stingray and Triton as the seller and purchaser, respectively, of certain of the facilities proposed to be abandoned. According to Stingray, it is instead a solution in search of a problem; it has significant commercial consequences with no specific benefit and is, therefore, inconsistent with the Commission's finding that the abandonment by sale is consistent with the public convenience and necessity. On August 17, 2023, the Commission issued a notice of denial of rehearing by operation of law with respect to the Rehearing Request while providing that the Commission would address the Rehearing Request in a future order. On October 16, 2023, Stingray separately petitioned the U.S. Court of Appeals for the D.C. Circuit to review Ordering Paragraph (H) of the Order. Agenda item C-6 may be an order on the Rehearing Request.
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