Summary of FERC Meeting Agenda for April 2021

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's April 15, 2021 open meeting, pursuant to the agenda issued on April 8, 2021. Agenda item E-20 has not been summarized due to omission.

In this issue…

  • Electric Items
  • Gas Items
  • Hydro Items
  • Certificate Items

 

Electric

E-1 – Electric Transmission Incentives Policy Under Section 219 of the Federal Power Act (Docket No. RM20-10-000). On March 20, 2020, the Commission issued a Notice of Proposed Rulemaking (NOPR) relating to electric transmission incentives policy pursuant to the Federal Power Act (FPA). In the NOPR, the Commission furnished proposed revisions to transmission planning and cost allocation processes following significant developments in the sector, reflecting a potential new focus on reliability and economic benefits rather than the current risks and rewards approach associated with specific projects. Further, the NOPR acknowledged policy shifts in the fifteen years following Order No. 679, which codified an approach to evaluate requests for incentives made by transmission owners and operators, as well as Order No. 1000 and the 2012 Policy Statement on transmission incentives applications. Namely, the NOPR proposed to: offer public utilities an return on equity (ROE) incentive for transmission projects that provide sufficient economic benefits; a similar ROE incentive for demonstrable reliability benefits; modify the incentive allowing public utilities to recover 100 percent of prudently incurred costs of transmission facilities that were cancelled due to exogenous factors beyond the control of the developer or owner; modify the existing ROE incentive attached to membership in an independent system operator (ISO) or regional transmission organization (RTO), such that it would be available irrespective of membership status; and offer incentives for technologies that will bolster reliability, efficiency, and capacity when deployed, among other provisions. By July 1, 2020, the Commission received numerous substantive comments from various stakeholders and industry groups. Agenda item E-1 may be a final rule pertaining to electric transmission incentives policy and related revisions.

E-2 – Carbon Pricing in Organized Wholesale Electricity Markets (Docket No. AD20-14-000). On September 30, 2020, the Commission convened a technical conference relating to a discussion on potential carbon pricing mechanisms in the wholesale power markets, as originally announced on April 13, 2020. Amidst mixed feedback from a wide range of stakeholders, legal experts at the technical conference generally agreed that the Commission has authority under Section 205 of the FPA to review proposals submitted by RTOs and ISOs that incorporate a state-determined price on carbon emissions. Broadly, renewable interests oppose sweeping federal oversight of state policies, while merchant generators and nuclear interests support a carbon price. Further, the typical demarcations between resource type and location were delineated clearly during the comment period, as many filings addressed existing policies and initiatives that would be superseded by potential Commission action. Agenda item E-2 may be a proposed rule on carbon pricing in organized wholesale electricity markets.

E-3 – WECC Regional Reliability Standard BAL-002-WECC-3 (Contingency Reserve) (Docket No. RM19-20-000). On September 6, 2019, the North American Electric Reliability Corporation (NERC) submitted a petition for approval of the Western Electricity Coordinating Council (WECC) Reliability Standard BAL-002-WECC-3. The proposed standard governing the composition of the required Contingency Reserve would replace Requirement R2, scheduled for retirement. According to the filing, Contingency Reserve requirements ensure reliability under normal and abnormal conditions. Agenda item E-3 may be an order on the petition for the Reliability Standard.

E-4 – Midcontinent Independent System Operator, Inc. (Docket Nos. ER20-2436-000, ER20-2437-000, ER20-2437-001). On July 16, 2020, the Midcontinent Independent System Operator, Inc. (MISO) filed an unexecuted Facilities Service Agreement (FSA) among itself, North Star Solar PV, LLC as interconnection customer, and Northern States Power Company as transmission owner. MISO filed the agreement pursuant to a directive issued by the Commission in a December 20, 2019 order. The December 20 order was responsive to an opinion from the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) which vacated several orders related to generator interconnection financing procedures in MISO. In a reversal of prior Commission findings, the DC Circuit directed the Commission to allow transmission owners and affected system operators the right to elect initial funding for network upgrades and update its related interconnection agreements in a compliance filing. In accordance with the DC Circuit decision, MISO filed the above-captioned FSA to implement the transmission owner's election of the transmission owner initial funding option. Agenda item E-4 may be an order on the FSA submission.

E-5 – Midcontinent Independent System Operator, Inc. (Docket Nos. ER20-2423-000, ER20-2424-000, ER20-2424-001, ER20-2427-000, ER20-2427-001). On July 15, 2020, MISO filed an unexecuted Facilities Service Agreement (FSA) among itself, Red Pine Wind, LLC as interconnection customer with generating facility, and Otter Tail Power Company as transmission owner. MISO filed the FSA pursuant to a directive issued by the Commission in a December 20, 2019 order. The December 20 order was responsive to an opinion from the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) which vacated several orders related to generator interconnection financing procedures in MISO. In a reversal of prior Commission findings, the DC Circuit directed the Commission to allow transmission owners and affected system operators the right to elect initial funding for network upgrades and update its related interconnection agreements in a compliance filing. In accordance with the DC Circuit decision, MISO filed the above-captioned FSA to implement the transmission owner's election of the transmission owner initial funding option. Agenda item E-5 may be an order on the FSA submission.

E-6 – Midcontinent Independent System Operator, Inc. (Docket Nos. ER20-2411-000, ER20-2412-000, ER20-2412-001). On July 14, 2020, MISO filed an unexecuted Facilities Service Agreement (FSA) among itself, Stoneray Power Partners, LLC as interconnection customer with generating facility, and Northern States Power Company as transmission owner. MISO filed the FSA pursuant to a directive issued by the Commission in a December 20, 2019 order. The December 20 order was responsive to an opinion from the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) which vacated several orders related to generator interconnection financing procedures in MISO. In a reversal of prior Commission findings, the DC Circuit directed the Commission to allow transmission owners and affected system operators the right to elect initial funding for network upgrades and update its related interconnection agreements in a compliance filing. In accordance with the DC Circuit decision, MISO filed the above-captioned FSA to implement the transmission owner's election of the transmission owner initial funding option. Agenda item E-6 may be an order on the FSA submission.

E-7 – Midcontinent Independent System Operator, Inc. (Docket Nos. ER20-2438-000, ER20-2439-000, ER20-2439-001). On July 16, 2020, MISO filed an unexecuted Facilities Service Agreement (FSA) among itself, Marshall Solar, LLC as interconnection customer with generating facility, and Northern States Power Company as transmission owner. MISO filed the FSA pursuant to a directive issued by the Commission in a December 20, 2019 order. The December 20 order was responsive to an opinion from the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) which vacated several orders related to generator interconnection financing procedures in MISO. In a reversal of prior Commission findings, the DC Circuit directed the Commission to allow transmission owners and affected system operators the right to elect initial funding for network upgrades and update its related interconnection agreements in a compliance filing. In accordance with the DC Circuit decision, MISO filed the above-captioned FSA to implement the transmission owner's election of the transmission owner initial funding option. Agenda item E-7 may be an order on the FSA submission.

E-8 – American Electric Power Service Corporation v. Midcontinent Independent System Operator, Inc. and Southwest Power Pool, Inc. (Docket No. EL17-89-000); City of Prescott, Arkansas v. Southwestern Electric Power Company and Midcontinent Independent System Operator, Inc. (Docket No. EL19-60-000). On September 15, 2017, pursuant to sections 206, 306, and 309 of the FPA, American Electric Power Service Corporation (AEPSC), on behalf of its operating company affiliate, Southwestern Electric Power Company (SWEPCO), filed a complaint against MISO and SPP. The complaint alleged, inter alia, that MISO violated the Joint Operating Agreement between MISO and SPP regarding the assessment of certain congestion charges associated with SWEPCO loads that are pseudo-tied out of MISO and into SPP. On April 5, 2019, pursuant to Sections 206, 306, and 309 of the FPA, the City of Prescott, Arkansas (Prescott) filed a complaint against SWEPCO and against MISO. The complaint alleged, inter alia, that (1) an Amended Power Supply Agreement (PSA) between Prescott and SWEPCO is unjust and unreasonable and should be amended in certain respects or terminated; (2) the PSA requires SWEPCO to implement the effective MISO congestion hedging strategy; or, in the alternative, that the PSA violates the public interest by depriving Prescott of an effective hedge for MISO congestion charges and justifies termination of the PSA; and (3) that MISO violated the Joint Operating Agreement between MISO and SPP and must coordinate with SPP to eliminate pancaked transmission charges to Prescott. On September 19, 2019, the Commission issued an order granting and denying the Complaint in part, setting certain issues for hearing and settlement judge procedures, and establishing a refund effective date of April 5, 2019. During settlement hearing procedures, the parties submitted an Offer of Settlement in Docket No. EL19-60 on January 24, 2020. The matters at hand in Docket No. EL17-89 were brought before the Chief Judge through a number of filings and a technical conference convened on November 10, 2020. Agenda item E-8 may be an order on the Complaint and outstanding material issues to be resolved through settlement judge procedures.

E-9 – New York Independent System Operator, Inc. (Docket No. EL20-65-000). On April 18, 2020, the New York Independent System Operator, Inc. (NYISO) filed a petition for declaratory order requesting that the Commission confirm that New York transmission owners possess a federal right of first refusal to build, own, and recover the costs of upgrades to their transmission facilities that are permitted under the Commission's Order No. 1000. Agenda item E-9 may be an order on the NYISO's petition for declaratory order.

E-10 – PacifiCorp (Docket No. IN21-6-000). Agenda E-10 may be an order establishing a new docket related to PacifiCorp.

E-11 – California State University-Channel Islands Site Authority (Docket No. ER20-1708-001). On April 30, 2020, pursuant to section 205 of the Federal Power Act (FPA), California State University-Channel Islands Site Authority filed an executed Reliability Must-Run Service Agreement (RMR Agreement) with the California Independent System Operator Corporation. On June 29, 2020, the Commission issued an order that accepted the RMR Agreement for filing effective May 1, 2020, as requested, subject to refund, and also established hearing and settlement judge procedures. After various settlement procedures, the Commission settlement judge issued a certification of uncontested settlement in the proceeding on January 19, 2021. Agenda item E-11 may be an order on the uncontested settlement.

E-12 – PJM Interconnection, L.L.C. and The Dayton Power & Light Company (ER20-1150-001). On March 3, 2020, pursuant to section 205 of FPA, The Dayton Power and Light Company (Dayton) filed proposed revisions to PJM Interconnection, L.L.C.'s (PJM) Open Access Transmission Tariff (OATT), inter alia, to change Dayton's current methodology for establishing the Network Integration Transmission Service rate charged for the Dayton zone by replacing the stated revenue requirement and rate with a transmission formula rate and associated protocols. On May 1, 2020, the Commission issued an order accepting Dayton's proposed tariff revisions and suspended them for a nominal period, to become effective May 3, 2020, as requested, subject to refund, and set them for hearing and settlement judge procedures. After various settlement procedures, the Commission settlement judge issued a certification of uncontested settlement in the proceeding on January 12, 2021. Agenda item E-12 may be an order on the uncontested settlement.

E-13 – City of Anaheim, California (Docket No. ER20-1738-001). On May 1, 2020, the City of Anaheim, California (Anaheim) requested that the Commission approve its revised base Transmission Revenue Requirement, revised High Voltage Transmission Revenue Requirement, and modified Gross Load calculation. On June 29, 2020, the Commission accepted Anaheim's Transmission Owner Tariff revisions for filing, effective July 1, 2020, and established hearing and settlement judge procedures. After various settlement procedures, the Commission settlement judge issued a certification of uncontested offer of settlement in the proceeding on February 9, 2021. Agenda item E-13 may be an order on the uncontested offer of settlement.

E-14 – PJM Interconnection, L.L.C. and Jersey Central Power & Light Company (Docket No. ER20-227-001). On October 30, 2019, pursuant to section 205 of the FPA, Jersey Central Power & Light Company (JCP&L) filed revisions to PJM's OATT to change its revenue requirement used to establish the Network Integration Transmission Service rate charged for the JCP&L Zone and the Transmission Enhancement Charge revenue requirements. On December 19, 2019, the Commission issued an order accepting the JCP&L's proposed tariff revisions, suspended them for a nominal period, to become effective January 1, 2020, as requested, subject to refund, and established hearing and settlement judge procedures. After various settlement procedures, the Commission settlement judge issued a certification of uncontested settlement in the proceeding on March 8, 2021. Agenda item E-14 may be an order on the uncontested settlement.

E-15 – Florida Power & Light Company (Docket No. ER19-2585-001). On August 13, 2019, pursuant to section 205 of the FPA, Florida Power & Light Company (FPL) filed revisions to its OATT to implement a cost-of-service formula rate for Network Integration Transmission Service and Point-to-Point transmission service on the FPL transmission system, update FPL's cost-based rate for Reactive Supply and Voltage Control from Generation or Other Sources Service, and make other limited ministerial changes to the OATT. On October 30, 2019, the Commission issued an order that accepted FPL's proposed tariff revisions, suspended them for five months, to become effective April 1, 2020, subject to refund, and established hearing and settlement judge procedures. After various settlement procedures, the Commission settlement judge issued a certification of offer of settlement uncontested by any party in the proceeding on February 5, 2021. Agenda item E-15 may be an order on the certification of offer of settlement uncontested by any party.

E-16 – Shell Energy North America (US), L.P. (Docket No. EL20-49-001). On May 29, 2020, Shell Energy North America (US), L.P. (SENA) filed a petition for declaratory order requesting that the Commission interpret the PJM tariff provisions regarding bilateral transfers of financial transmission rights (FTRs) and to resolve an ongoing dispute involving GreenHat Energy, LLC (GreenHat) that was pending in Texas state court. On November 19, 2020, the Commission issued a declaratory order finding, inter alia, that entry of data into PJM's FTR Center for bilateral trades does not automatically establish stand-alone bilateral contracts at the stated price, absent a separate agreement by the parties to do so (November Order). On December 18, 2020, GreenHat requested clarification or rehearing of certain aspects of the November Order. On January 19, 2021, the Commission issued a Notice of Denial of Rehearing by Operation of Law (January 19 Notice) stating that the rehearing request filed in the proceeding will be addressed in a future order. Agenda item E-16 may be the future order referenced in the Commission's January 19 Notice.

E-17 – Pacific Gas and Electric Company (Docket No. ER16-2320-006). On October 15, 2020, the Commission issued an order on initial decision regarding, inter alia, whether the rates proposed by Pacific Gas and Electric Company (PG&E) in its eighteenth revised transmission owner tariff filing are just and reasonable and not unduly discriminatory or preferential (Opinion No. 572). In November 2020, PG&E, the Transmission Agency of Northern California, and the City of Santa Clara, California requested rehearing of Opinion No. 572. On December 17, 2020, the Commission issued a Notice of Denial of Rehearing by Operation of Law (December 17 Notice) stating that the rehearing requests filed in the proceeding will be addressed in a future order. Agenda item E-17 may be the future order referenced in the Commission's December 17 Notice.

E-18 – Deseret Generation and Transmission Co-operative, Inc. (Docket No. EL20-47-000). On May 11, 2020, pursuant to section 292.402 of the Commission's rules, Deseret Generation & Transmission Co-operative, Inc. (Deseret), on behalf of itself and its six distribution cooperative member-owners, filed a petition for partial waiver of certain obligations imposed on Deseret its members under sections 292.303(a) and 292.303(b) of the Commission's regulations implementing section 210 of the Public Utilities Regulatory Policies Act of 1978 (PURPA). Agenda item E-18 may be an order regarding Desert's petition for partial waiver of PURPA regulations.

E-19 – Louisiana Public Service Commission v. Entergy Corporation, Entergy Services Inc., Entergy Louisiana, LLC, Entergy Arkansas, Inc., Entergy Mississippi, Inc., Entergy New Orleans, Inc., Entergy Gulf States Louisiana, L.L.C., and Entergy Texas, Inc. (Docket Nos. EL10-65-008, EL10-65-009). On June 18, 2020, under Docket No. EL10-65-008, pursuant to the Commission's April 16, 2020 order, Entergy Services, LLC (Entergy Services), acting as agent for the Entergy Operating Companies, filed a compliance filing consisting of the bandwidth formula rate recalculations with true-up payments and receipts based on 2010, 2011, and 2012 test year data and supporting workpapers for the identified adjustment. On December 21, 2020, under Docket No. EL10-65-009, Entergy Services filed a compliance filing consisting of the bandwidth formula rate recalculations with true-up payments and receipts based on 2009 test year data and supporting workpapers for the identified adjustment. Agenda item E-19 may be an order regarding Entergy Services' compliance filings.

E-20 – Omitted

E-21 – California Independent System Operator Corporation (Docket No. ER21-395-000). On November 12, 2020, California Independent System Operator Corporation (CAISO) filed a request for limited waiver of the CAISO tariff that would (a) excuse the CAISO from assessing penalties against NV Energy, Inc. for late meter data revisions, and (b) permit the CAISO to distribute the funds it collects from NV Energy that approximate the market impact of its error using the CAISO's established penalty distribution methodology. Agenda item E-21 may be an order regarding CAISO's waiver request.

E-22 – Wilderness Line Holdings, LLC (Docket No. ER21-70-000). On October 8, 2020, Wilderness Line Holdings, LLC (Wilderness Holdings) submitted a request for waiver of the Commission's Order No. 1000 requirements. Agenda item E-22 may be an order regarding Wilderness Holding's waiver request.

E-23 – Vistra Corp., Dynegy Marketing and Trade, LLC, NextEra Energy Resources, LLC, NRG Power Marketing LLC, LS Power Associates, L.P., FirstLight Power Inc., Cogentrix Energy Power Management, LLC, v. Constellation Mystic Power, LLC, Exelon Generation Company, LLC, and Exelon Corporation (Docket No. EL20-67-000). On August 25, 2020, pursuant to sections 206 and 306 of the FPA, and Rule 206 of the Commission's Rules of Practice and Procedure, Vistra Corp. (formerly known as Vistra Energy Corp.), Dynegy Marketing and Trade, LLC, NextEra Energy Resources, LLC, NRG Power Marketing LLC, LS Power Associates, L.P., FirstLight Power Inc., and Cogentrix Energy Power Management, LLC (collectively, the New England Generators) filed a formal complaint against Constellation Mystic Power, LLC, Exelon Generation Company, LLC and Exelon Corporation (collectively Respondents), asserting that Respondents are circumventing Commission precedent and therefore alleges that Respondents' actions are unjust and unreasonable. Specifically, the New England Generators allege that Respondents are violating the Commission's anti-toggling rules and inequitably profiting from costs paid for by ratepayers by reverting from cost-based back to market-based compensation and receiving market-based rates charged again to the same ratepayers. Agenda item E-23 may be an order relating to the New England Generator's formal complaint.

E-24 – Bonneville Power Administration v. Avista Corporation (Docket No. EL20-36-001). On March 26, 2020, pursuant to sections 206 and 306 of the FPA, Bonneville Power Administration (BPA) filed a complaint against Avista Corporation (Avista) alleging that Avista violated the FPA, Avista's FERC Electric Tariff, and Commission precedent by requiring self-supplied operating reserves deployed from a generator not located within Avista's balancing area to reserve and use firm point-to-point transmission service for delivery of the operating reserves within Avista's balancing area. On September 17, 2020, the Commission issued an order granting in part the complaint filed by BPA. On October 19, 2020, Avista filed a request for clarification of the Commission's September 17 order. Agenda item E-24 may be an order relating to Avista's request for clarification.

E-25 – Kansas Electric Power Cooperative, Inc. v. Evergy Kansas Central, Inc. (Docket No. EL21-18-000). On November 17, 2020, pursuant to sections 206, 210, and 306 of the FPA, and Rule 206 of the Commission's Rules of Practice and Procedure, Kansas Electric Power Cooperative, Inc. (Kansas Electric) filed a formal complaint against Evergy Kansas Central, Inc. (Evergy Kansas) alleging that Evergy Kansas has not implemented its generation formula rate for the 2020 Annual Update in accordance with the terms of the Formula Rate Agreement, Commission orders, regulations, and generally applicable ratemaking policies, and has violated, and continues to violate, the Formula Rate Agreement. Agenda item E-25 may be an order regarding Kansas Electric's formal complaint.

E-26 – Duke Energy Indiana, LLC v. AEP Indiana Michigan Transmission Company, Inc. (Docket No. EL20-71-000). On September 21, 2020, pursuant to sections 206, 306, and 309 of the FPA, and Rule 206 of the Commission's Rules of Practice and Procedure, Duke Energy Indiana, LLC (Duke Energy Indiana) filed a formal complaint against AEP Indiana Michigan Transmission Company, Inc. (AEP Indiana Michigan), requesting that the Commission find that AEP Indiana Michigan's formula rate is unjust and unreasonable because it provides an annual revenue requirement that exceeds the net book value of certain transmission assets as contemplated in a prior Commission order approving disposition of those assets. Agenda item E-26 may be an order regarding Duke Energy Indiana's complaint.

E-27 – Citizens S-Line Transmission LLC (Docket No. EL21-15-000). On November 6, 2020, pursuant to Rule 207 of the Commission's Rules of Practice and Procedure, section 219 of the FPA, and Order No. 679, Citizens S-Line Transmission LLC (Citizens S-Line Transmission) submitted a petition for declaratory order requesting approval of certain incentive rate treatments in connection with the S-Line 230 kV Transmission Upgrade Project. Agenda item E-27 may be an order relating to Citizens S-Line Transmission's petition.

E-28 – Michigan Electric Transmission Company, LLC (Docket No. ER21-424-000). On November 16, 2020, pursuant to section 205 of the FPA, Part 35 of the Commission's Rules and Regulations, and the Commission's Smart Grid Policy Statement, Michigan Electric Transmission Company, LLC (METC) submitted an “Application for Authorization to Recover Costs Associated with an Electric Vehicle Infrastructure Pilot Program.” Agenda item E-28 may be an order relating to METC's application.

 

Gas

G-1 – Five-Year Review of the Oil Pipeline Index (Docket No. RM20-14-001). On December 17, 2020, the Commission issued its Five-Year Review of the Oil Pipeline Index (Index Order). The Index Order resulted from the five-year review of the change in barrel-mile costs of oil pipelines. In it, the Commission established an index level at the Producer Price Index for Finished Goods plus 0.78% for the five-year period commencing July 1, 2021. The mechanism for calculating the index in the Index Order differed from the preliminary order and past index orders in a few substantive ways: 1) increased the scope of the data set used to calculate the change in costs to include the middle 80% of oil pipelines as compared to the previous middle 50% of oil pipelines; 2) removed income tax allowances, for all pipelines that were MLPs, from the 2014 cost data to reflect a change in policy mandated by the United Airlines decision; 3) included additional mergers in the dataset. Multiple parties filed requests for rehearing of the Index Order. Agenda item G-1 may be an order addressing the requests for rehearing.

G-2 – Kinetica Deepwater Express, LLC, Kinetica Energy Express, LLC (Docket No. RP19-1634-002, RP20-788-000; RP13-1116-000, RP19-54-000). On October 11, 2019, Kinetica Energy Express, LLC (KEE) filed its Form 501-G. On September 30, 2019, Kinetica Deepwater Express, LLC (KDE) filed, pursuant to section 4 of the Natural Gas Act (NGA), a general rate case proposing an increase for its firm and interruptible transportation rates. On October 30, 2019, the Commission accepted and suspended the tariff, subject to refund and the outcome of hearing, and established hearing and settlement judge procedures. Settlement conferences were held on December 10, 2019, February 5, 2020, and March 24, 2020. On April 15, 2020, KDE and KEE filed a settlement agreement purporting to address all of the issues in the proceedings involving both the Form 501-G filing and the general rate case. On May 15, 2020, the Chief Judge granted a motion requesting that the rates go into effect on an interim basis effective April 1, 2020. Agenda item G-2 may be an order addressing the uncontested settlement.

 

Hydro

H-1 – Boyce Hydro Power, LLC (Docket Nos. P-10809-052, P-10810-058, P-2785-104). On February 5, 2021, Boyce Hydro Power, LLC (Boyce), submitted, pursuant to section 6 of the Federal Power Act (FPA), a request to surrender the licenses of its Secord Project No. 10809, Smallwood Project No. 10810, and Sanford Project No. 2785. Boyce Hydro no longer owns any property interests in the Projects as a result of condemnation actions by local governmental authorities. Agenda item H-1 may be an order addressing Boyce's request to surrender its licenses.

 

Certificates

C-1 – Annova LNG Common Infrastructure, LLC (Docket No. CP16-480-000). On July 13, 2016 Annova LNG Common Infrastructure, LLC (Annova) filed, pursuant to section 3 of the Natural Gas Act (NGA), a request for authorization to site, construct, and operate new natural gas liquefaction and export facilities located on the Brownsville Ship Channel in Cameron County, Texas. The Commission issued an order granting authorization on November 22, 2019. On March 22, 2021, Annova filed a request that the Commission vacate its order granting Annova the requested authorization. In its request, Annova cites changes in the global liquefied natural gas market. Agenda Item C-1 may be an order addressing Annova's request that the Commission vacate the order.

C-2 – Enable Mississippi River Transmission, LLC (CP20-456-000). On May 15, 2020, Enable Mississippi River Transmission, LLC (MRT) filed, pursuant to section 7(c) of the Natural Gas Act (NGA), a request to amend its certificate of public convenience and necessity for the East Unionville Storage Field. Specifically, MRT requests authority to reduce East Unionville's certificated cushion gas capacity to 19.1 Bcf, and to increase East Unionville's certificated working gas capacity to 36.1 Bcf. MRT asserts that approval of both amendments, the total capacity at East Unionville will not change. Commission staff issued numerous data requests in response to the request for amendment. Agenda item C-2 may be an order addressing the request to amend the certificate.

C-3 – Washington 10 Storage Corporation and South Romeo Gas Storage Company, L.L.C. (Docket No. CP20-470-000). On May 19, 2020, Washington 10 Storage Corporation (Washington 10) and South Romeo Gas Storage Company, L.L.C. (South Romeo, together Applicants) filed, pursuant to section 7(c) of the Natural Gas Act (NGA), a joint application for a Certificate of Public Convenience and Necessity (Certificate), a limited jurisdiction Certificate authorization, and certain blanket certificates. Applicants request Commission authorization for Washington 10 to operate as Natural Gas Act Section 7(c) jurisdictional facilities certain assets that have been operated to provide intrastate transportation services, as well as limited interstate transportation services pursuant to Section 311 of the Natural Gas Policy Act of 1978. Applicants also requested that the Commission issue a limited jurisdiction certificate authorizing the lease by South Romeo of storage capacity at South Romeo's Washington 28 storage facility to Washington 10. Agenda item C-3 may be an order addressing the application for Certificate authority.

C-4 – Northern Natural Gas Company (Docket No. CP20-487-000). On June 29, 2020, Norther Natural Gas Company (Norther) submitted, pursuant to section 7 of the Natural Gas Act (NGA), an application requesting authorization to: 1) abandon in-place approximately 79.21 miles of its 14 and 16 inch diameter South Sioux City to Sioux Falls pipeline and to replace with approximately 82.23 miles of 12 inch diameter tie-over pipeline; 2) install an approximately 3.15 mile 12 inch diameter tie-over pipeline in Lincoln County, South Dakota; 3) abandon in-place the existing 0.16 mile 2 inch diameter Ponca branch line and replace it with an approximately 1.87 mile 3 inch diameter branch line; and 4) abandon and replace additional smaller segments of line. On January 5, 2021, Commission Staff, in cooperation with the US Army Corps of Engineers, issued an Environmental Assessment concluding that approval of the proposed project, with appropriate mitigation measures, would not constitute a major federal action significantly affecting the quality of the human environment. On March 22, 2021, the Federal Energy Regulatory Commission (Commission) granted, pursuant to its authority under section 7(b) and 7(c) of the NGA, the requested certificate and abandonment authorizations, subject to environmental conditions. On March 30, 2021, Northern submitted a letter accepting the certificate authority granted by the Commission. Agenda item C-4 may be an order addressing Northern's certificate authority.

 

 

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