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Summary of FERC Meeting Agenda for September 2020

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s September 17, 2020 meeting, pursuant to the agenda as issued on September 10, 2020. Due to COVID-19 and measures undertaken by government agencies to address the pandemic, all orders listed on the Sunshine Act Notice will be processed by notational voting. Agenda items G-1 and C-3 have not been summarized due to omission from the agenda.

In this issue…

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

 

Electric

E-1 – Participation of Distributed Energy Resource Aggregations in Markets Operated by Regional Transmission Organizations and Independent System Operators (Docket No. RM18-9-000). In April 2018, Commission staff held a technical conference to discuss the participation of distributed energy resource (DER) aggregations in Regional Transmission Organization (RTO) and Independent System Operator (ISO) markets and to more broadly discuss the potential effects of DERs on the bulk power system. Numerous entities submitted comments after the conclusion of the technical conference. Agenda item E-1 may be an order further addressing participation of DER aggregations in RTO and ISO markets.

E-2 – Equipment and Services Produced or Provided by Certain Entities Identified as Risks to National Security (Docket No. RM20-19-000). Agenda item E-2 may establish a new rulemaking proceeding related to equipment and services produced or provided by certain entities identified as risks to national security.

E-3 – Midcontinent Independent System Operator, Inc. (Docket No. EL15-68-005); Otter Tail Power Company v. Midcontinent Independent System Operator, Inc. (Docket No. EL15-36-005); Midcontinent Independent System Operator, Inc. (Docket Nos. ER16-696-006; ER18-2513-001; ER18-2513-003). On December 20, 2019, the Commission issued an order on briefing, compliance, and rehearing (December Order) that found, inter alia, that Generator Interconnection Agreements, Facility Construction Agreements, and Multi-Party Facilities Construction Agreements entered into between June 24, 2015 and August 31, 2018 should be revised to allow transmission owners and affected system operators to unilaterally elect to provide initial funding for network upgrades, if they so choose. On January 21, 2020, the American Wind Energy Association requested rehearing of the December Order. Agenda item E-3 may be an order on the request for rehearing.

E-4 – North Carolina Eastern Municipal Power Agency (Docket No. EL20-15-000). On December 23, 2019, the North Carolina Eastern Municipal Power Agency (NCEMPA) petitioned the Commission for a declaratory order requesting that the Commission terminate a controversy or remove uncertainty related to the utilization of battery-based energy storage technology under a power supply agreement between NCEMPA and Duke Energy Progress, LLC subject to the Commission’s regulatory jurisdiction under sections 205 and 206 of the Federal Power Act (FPA). Agenda item E-4 may be an order on NCEMPA’s petition for declaratory order.

E-5 – Electric Reliability Organization Proposal to Retire Requirements in Reliability Standards Under the NERC Standards Efficiency Review (Docket Nos. RM19-16-000; RM19-17-000). On January 23, 2020, the Commission issued a notice of proposed rulemaking (NOPR) proposing to approve the retirement of 74 of the 77 Reliability Standard requirements requested for retirement by the North American Electric Reliability Corporation (NERC). As stated in the NOPR, the 74 requirements (1) provide little or no reliability benefit; (2) are administrative in nature or relate expressly to commercial or business practices; or (3) are redundant with other Reliability Standards. The NOPR also proposed to approve the associated violation risk factors, violation severity levels, implementation plan, and effective dates proposed by NERC. Agenda item E-5 may be an order on the NOPR.

E-6 – Altavista Solar, LLC (Docket Nos. ER20-2030-000; TS20-5-000). On June 10, 2020, Altavista Solar, LLC (Altavista) submitted a petition requesting waiver of the requirements of: (1) Order Nos. 888, 890 and section 35.28 of the Commission’s regulations to file an open access transmission tariff (OATT); (2) Order
No. 889 and Part 37 of the Commission’s regulations with respect to Open Access Same-Time Information System; and (3) Order Nos. 889, 2004 and 717 and Part 358 of the Commission’s regulations with respect to Standards of Conduct. Altavista’s petition states that the waivers are needed to permit timely integration of certain Customer Interconnection Facilities and Transmission Owner Interconnection Facilities constructed by Altavista under the Option to Build provisions of an Interconnection Service Agreement and Interconnection Construction Service Agreement. Agenda item E-6 may be an order on Altavista’s waiver request.

E-7 – Green Mountain Power Corporation (Docket No. ER20-1755-000). On May 1, 2020, pursuant to section 205 of the FPA, Green Mountain Power Corporation (Green Mountain) requested limited waiver from the definition of Settlement Only Resources under section I.2.2 of the ISO New England, Inc. (ISO-NE) OATT, as applied to Green Mountain’s Searsburg wind power facility in Vermont. Agenda item E-7 may be an order on Green Mountain’s request for limited waiver of the ISO-NE OATT.

E-8 – Louisville Gas and Electric Company (Docket No. ER19-2396-001); Kentucky Utilities Company (Docket No. ER19-2397-001). On July 12, 2019, pursuant to section 205 of the FPA, Louisville Gas and Electric Company and Kentucky Utilities Company (LG&E/KU) submitted an unexecuted Transition Mechanism Agreement (TMA) among LG&E/KU and the Owensboro Municipal Utilities and certain members of the Kentucky Municipal Energy Agency. On September 10, 2019, the Commission issued an order rejecting the TMA without prejudice (September TMA Order). Multiple parties requested rehearing of the September TMA Order. Agenda item E-8 may be an order on the requests for rehearing.

E-9 – Louisville Gas and Electric Company (Docket No. EC98-2-003); Kentucky Utilities Company (Docket No. ER18-2162-002). On March 21, 2019, the Commission issued an order (March Order) that conditionally granted a request filed by LG&E/KU pursuant to section 203(b) of the FPA to remove a market power mitigation measure imposed to resolve horizontal market power concerns originating from LG&E/KU’s 1998 merger and from LG&E/KU’s subsequent 2006 withdrawal from the Midcontinent Independent System Operator, Inc. (MISO). Multiple parties filed requests for rehearing and clarification of the March Order. On September 10, 2019, the Commission issued an order (September Order) denying rehearing, but granting clarification of the March Order. Multiple parties requested rehearing and clarification of the September Order. Agenda item E-9 may be an order on the requests for rehearing of the September order.

E-10 – ISO New England Inc. (Docket No. ER20-739-002). On January 6, 2020, as amended on March 27, 2020, ISO-NE submitted proposed Schedule 17 to its OATT (Schedule 17). Schedule 17 provides a cost recovery mechanism for critical infrastructure protection costs incurred by facilities that ISO-NE identifies as critical to the derivation of Interconnection Reliability Operating Limits (IROL). On May 26, 2020, the Commission issued an order accepting ISO-NE’s Schedule 17 (May Order). On June 25, 2020, a collective known as the IROL-Critical Facility Owners, requested rehearing of the May Order. On July 27, 2020, the Commission issued a Notice of Denial of Rehearing by Operation of Law (July Notice) stating that the rehearing request filed in the proceeding will be addressed in a future order. Agenda item E-10 may be the future order referenced in the Commission’s July Notice.

E-11 – Ohio Power Company, AEP Ohio Transmission Company, Inc., and PJM Interconnection, L.L.C. (Docket No. ER20-609-001). On December 16, 2019, American Electric Power Service Corporation (AEPSC), on behalf of various of its affiliates, including Ohio Power Company (Ohio Power) and AEP Ohio Transmission Company, Inc. (AEP Ohio), filed a facilities agreement and an amended interconnection and local delivery service agreement. On February 14, 2020, the Commission issued an order accepting the agreements for filing, subject to AEPSC and AEP Ohio making a compliance filing. On February 26, 2020, AEPSC and AEP Ohio submitted a compliance filing in response to the Commission’s directive. Agenda item E-11 may be an order on AEPSC and AEP Ohio’s compliance filing.

E-12 – Ohio Power Company, AEP Ohio Transmission Company, Inc., and PJM Interconnection, L.L.C. (Docket No. ER20-431-001). On November 21, 2019, American Electric Power Service Corporation (AEPSC), on behalf of various of its affiliates, including Ohio Power Company (Ohio Power) and AEP Ohio Transmission Company, Inc. (AEP Ohio), filed a facilities agreement and an amended interconnection and local delivery service agreement. On January 17, 2020, the Commission issued an order accepting the agreements for filing, subject to AEPSC making a compliance filing. On February 13, 2020, AEPSC submitted a compliance filing in response to the Commission’s directive. Agenda item E-12 may be an order on AEPSC’s compliance filing.

E-13 – PJM Interconnection, L.L.C. (Docket Nos. ER20-543-000, ER20-543-001). On December 9, 2019, PJM Interconnection, L.L.C. (PJM) filed a notice of cancellation of an Interconnection Service Agreement (ISA) entered into among it, Gateway Energy Center, LLC (Gateway) and Jersey Central Power & Light Company (JCPL), designated as Second Revised Service Agreement No. 3476 (Gateway ISA), for the interconnection of the Gateway Energy Center located in Sayreville, New Jersey (Gateway Project). On February 7, 2020, the Commission issued an order accepting the notice of cancellation terminating the Gateway ISA. On March 6, 2020, Stonegate Power, LLC filed a request for rehearing of the Commission’s February 7 order. Agenda item E-13 may be an order on the request for rehearing.

E-14 – Chehalis Power Generating, L.P. (Docket No. ER05-1056-011). Pursuant to the Commission’s order issued June 1, 2020, on July 20, 2020, Bonneville Power Administration (BPA) submitted a status report regarding payment of recoupment and interest to claimant Vistra Intermediate Company, LLC. On July 30, 2020, Chehalis Power Generating, L.P. (Chehalis) submitted an Answer in response to BPA’s status report. On August 21, 2020, Chehalis submitted a supplement to its July 30 Answer. Agenda item E-14 may be an order regarding BPA’s status report and the subsequent Answers filed by Chehalis.

E-15 – GridLiance High Plains LLC and Southwest Power Pool, Inc. (Docket No. ER20-1313-000, ER19-1357-000, ER18-2358-001). On March 16, 2020, GridLiance High Plains LLC (GridLiance) filed its Annual Informational Filing of Rate Year 2020 and Projected Net Transmission Revenue Requirement and Rate Year 2018 True-Up Adjustment (Annual Informational Filing). On April 15, 2020, Xcel Energy Services on behalf of Southwestern Public Service Company filed a Formal Challenge to GridLiance’s Annual Informational Filing. Agenda item E-15 may be an order on GridLiance’s Annual Informational Filing.

E-16 – California Independent System Operator Corporation (Docket No. ER20-1890-000). On May 22, 2020, pursuant to section 205 of the FPA, California Independent System Operator Corporation (CAISO) submitted proposed tariff revisions to enhance its market rules regarding the treatment of energy transactions scheduled at CAISO interties. Agenda item E-16 may be an order on CAISO’s proposed tariff revisions.

E-17 – Midcontinent Independent System Operator, Inc. (Docket Nos. ER19-1823-003, ER19-1960-003). On February 19, 2020, MISO submitted a compliance filing with proposed revisions to its Open Access Transmission, Energy and Operating Reserve Markets Tariff (Tariff) to comply with the Commission’s requirements of Order Nos. 845 and 854-A and the Commission’s order on compliance issued on December 20, 2019. On June 18, 2020, the Commission issued an order finding that MISO’s February compliance filing partially complied with the Commission’s directives of the December 2019 order, and directed MISO to make a further compliance filing. On July 20, 2020, MISO submitted a limited request for rehearing or, in the alternative, request for clarification of the Commission’s June 18 order. Agenda item E-17 may be an order on MISO’s request for rehearing.

E-18 – Midcontinent Independent System Operator, Inc. (Docket No. ER20-170-002). On October 23, 2019, pursuant to section 205 of the FPA, MISO submitted proposed revisions to the MISO Tariff to include a new Schedule 50 that would enable MISO Transmission Owners’ recovery from interconnection customers of reasonable expenses, including overhead, associated with operation, maintenance, and repair of a Transmission Owner’s Interconnection Facilities. On March 19, 2020, the Commission issued an order accepting MISO’s proposed revisions to its Tariff. On April 20, 2020, RWE Renewables Americas, LLC and EDF Renewables, Inc. submitted a request for rehearing of the Commission’s March 19 Order. Agenda item E-18 may be an order on the request for rehearing.

E-19 – City and County of San Francisco v. Pacific Gas and Electric Company (Docket No. EL19-38-001). On January 28, 2019, the City and County of San Francisco (San Francisco) filed a complaint (Complaint) pursuant to sections 206, 306, and 309 of the Federal Power Act (FPA) against Pacific Gas and Electric Company (PG&E) alleging that PG&E unreasonably denied service to the City in violation of its Wholesale Distribution Tariff (WDT), and that it is implementing the WDT in an unjust, unreasonable, and unduly discriminatory manner. On April 16, 2020, the Commission issued an order denying the Complaint. On May 18, 2020, San Francisco filed a request for rehearing of the Commission’s April 16 Order. Agenda item E-19 may be an order San Francisco’s request for rehearing.

E-20 – Clean Fuel Dane, LLC (Docket Nos. EL19-84-000, QF19-1331-001). On July 3, 2019, Clean Fuel Dane, LLC (CFDane) filed a petition for declaratory order requesting waivers and refund report informing the Commission that it calculated a refund in the amount of $259,933.00 due to Wisconsin Power and Light Company (Alliant). On June 30, 2020, in response to a request by Commission Staff, CFDane filed an Amended Refund Report reflecting revised calculations of a refund in the amount of $78,945.00. Agenda item E-20 may be an order on CFDane’s petition for declaratory order and refund reports.

E-21 – Bonneville Power Administration v. Avista Corporation (Docket No. EL20-36-000). On March 26, 2020, the Bonneville Power Administration (Bonneville) filed, pursuant to section 206 and 306 of the Federal Power Act and Rules 206 of the Commission’s Rules of Practice and Procedure, a complaint against Avista Corporation (Avista). The complaint alleges that Avista’s requirement that Bonneville purchase firm point-to-point transmission service within the Avista BAA for Bonneville’s external self-supplied Operating Reserves is unduly discriminatory. The complaint requests that the requirement, adopted in Paragraph 3(F) of Avista’s Transmission Business Practice Manuals, be voided. Agenda item E-21 may be an order addressing the complaint.

E-22 – CF CVEC Owner One LLC (Docket Nos. EL20-55-000, QF15-28-001, QF15-29-001). On June 26, 2020, CF CVEC Owner One LLC (CF CVEC) filed, pursuant to Rule 207 of FERC’s Rules of Practice and Procedure, a petition for declaratory order, on behalf of CF Katama LLC and CF Nunnepog, requesting a retroactive waiver of QF self-certification filing requirements applicable to small power production facilities, or, if necessary, remedial relief for its previous failure to satisfy the aforementioned requirements for the period from June 16, 2014 to October 17, 2014. Agenda item E-22 may be an order in response to the petition for declaratory order.

E–23 – Southern California Edison Company (Docket No. EL20-51-000). On June 1, 2020, Southern California Edison Company (SCE) filed, pursuant to Rule 207 of FERC’s Rules of Practice and Procedure, a petition for declaratory order approving incentive rate treatments for the SCE-owned components of the Riverside Transmission Reliability Project (RTRP). Specifically, SCE seeks (1) 100 percent of its prudently incurred costs if the RTRP is cancelled or abandoned for reasons beyond SCE’s control (the Abandonment Incentive); and (2) 100 percent of the RTRP’s network transmission Construction Work in Progress (CWIP) in transmission rate base during the construction period. Agenda item E-23 may be an order in response to the petition for declaratory order.

E-24 – Midcontinent Independent System Operator, Inc. (Docket No. ER20-276-002). On November 1, 2019, as amended on January 29, 2020, Midcontinent Independent System Operator, Inc. (MISO), on behalf of Prairie Power, Inc. (Prairie Power), filed, pursuant to section 205 of the Federal Power Act (FPA), proposed revisions to Prairie Power’s transmission formula rate in Attachment O-PPI to the MISO Open Access Transmission, Energy and Operating Reserve Markets Tariff (MISO Tariff). The proposed revisions would allow Prairie Power to adopt a hypothetical capital structure of 50% equity and 50% long-term debt for purposes of determining its transmission revenue requirement, rather than using its actual capital structure of 18.9% equity and 81.1% debt. On March 27, 2020, the Commission issued an Order Rejecting Proposed Tariff Revisions. On April 27, 2020, Prairie Power filed, pursuant to Rules 212 and 713 of the Federal Energy Commission’s Rules of Practice and Procedure, a request for rehearing of the March 27th Order Rejecting Proposed Tariff Revisions. Agenda item E-24 may be an order addressing the request for rehearing.

E-25 – Indiana Municipal Power Agency, and City of Lawrenceburg, Indiana v. PJM Interconnection, L.L.C., American Electric Power Service Corp., and Lawrenceburg Power, LLC; PJM Interconnection, L.L.C. (Docket Nos. EL20-30-000, EL20-56-000). On March 9, 2020, the Indiana Municipal Power Agency (IMPA) and the City of Lawrenceburg, Indiana (Lawrenceburg) filed, pursuant to section 306 of the Federal Power Act and Rules 206 and 207 of the Commission’s Rules of Practice and Procedure, a complaint against PJM Interconnection, L.L.C. (PJM), American Electric Power Service Corporation (AEP), and Lawrenceburg Power, LLC (Lawrenceburg Power; collectively Respondents). The complaint alleges that the station power self-supply monthly netting provisions in the PJM tariff violate the rate regulatory structure of the FPA and state and local retail rate authority. IMPA requests that the Commission declare that the supply of station power is a retail sale over which the Commission lacks jurisdiction. Agenda item E-25 may be an order addressing the complaint.

 

Gas

G-1 – Omitted

G-2 – Aethon United BR LP and Aethon III HV LLC (Docket No. RP20-1105-000). On August 18, 2020, Aethon United BR LP (Aethon United) and Aethon III HV LLC (Aethon III) submitted, pursuant to rule 207(a)(5) of the Rules of Practice and Procedure of the Commission, a Joint Petition for Temporary Waivers of Capacity Release Regulations and Related Tariff Provisions and Request for Expedited Action and Shortened Comment Period. Specifically, petitioners request that the Commission grant a waiver of its capacity release regulations and pipeline tariff provisions in order to facilitate a permanent transfer by Aethon United to Aethon III of certain capacity under a firm transportation service agreement between Aethon United and Gulf South Pipeline Company, LLC at the negotiated rate. Agenda item G-2 may be an order addressing the petition for waiver.

G-3 – Golden Pass LNG Terminal LLC (Docket No. RP20-957-000). On June 17, 2020, Golden Pass LNG Terminal LLC (Golden Pass) submitted, pursuant to rule 207(a)(2) of the Rules of Practice and Procedure of the Commission, a petition for waiver of the Commission’s Buy/Sell Prohibition and any other relevant capacity release regulations and policies to enable Golden Pass to purchase gas from potentially affiliated upstream suppliers, which would be resold in foreign commerce to a different affiliate under a long-term contract for export as LNG in foreign commerce. Agenda item G-3 may be an order addressing the petition for waiver.

G-4 – Enstor Katy Storage and Transportation, L.P. (Docket Nos. PR20-56-000, PR20-56-001). On May 4, 2020, Enstor Katy Storage and Transportation, L.P. (Katy Gas Storage) submitted, pursuant to rules 284.123(b)(2) and 284.502(b)(2) of the Regulations of the Commission, a petition seeking: 1) approval of market-based rates for firm wheeling service, to be provided under section 311 of the Natural Gas Policy Act; 2) continuation of the market-based rate authorization for Katy Gas Storage’s firm and interruptible storage services and for interruptible hub services; and 3) acceptance of Katy Gas Storage’s proposed changes to its Statement of Operating Conditions. Agenda item G-4 may be an order addressing the petition.

G-5 – Enable Oklahoma Intrastate Transmission, LLC (Docket Nos. PR20-61-000, PR20-61-001). On May 19, 2020, Enable Oklahoma Intrastate Transmission, LLC (EOIT) filed, pursuant to Section 311(a)(2) of the Natural Gas Policy Act of 1978, as amended (NGPA), and rule 284.123 of the Regulations of the Commission, a revised storage Statement of Operating Conditions (SOC) under optional notice procedures. Specifically, EOIT proposes to expand its service offerings under its Storage SOC to include park and loan services. Agenda item G-5 may be an order addressing EOIT’s proposed revisions.

G-6 – BP Energy Company v. Natural Gas Pipeline Company of America LLC (Docket No. RP20-481-001). On January 31, 2020, BP Energy Company (BP) filed, pursuant to section 4(d) of the Natural Gas Act, a complaint alleging that Natural Gas Pipeline Company of America LLC (NGPL) is improperly requiring BP to take unwanted additional service to exercise a Right of First Refusal (ROFR). Specifically, NGPL required BP to take system wide service to retain capacity subject to a ROFR. On May 26, 2020, the Commission issued an order denying BP’s complaint. On June 25, 2020, BP timely filed a request for rehearing of the Commission’s order denying its complaint. On June 27, 2020, the Commission issued a Notice of Denial of Rehearing by Operation of Law and Providing for Further Consideration. Agenda item G-6 may be an order further considering BP’s request for rehearing of the Commission’s order denying the complaint.

 

Hydro

H-1 – Cube Yadkin Generation LLC (Docket No. P-2197-135). On March 12, 2020, the Commission issued an order approving the Yadkin Hydroelectric Project (Yadkin Project), owned and operated by Cube Yadkin Generation LLC (Cube Yadkin). The order specifically granted approval of the provisions pursuant to Section 401 of the Clean Water Act (CWA), whereby Cube Yadkin furnished information relating to the sedimentation and flood protection plan of the Yadkin Project. On April 13, 2020, the City of Salisbury, North Carolina (Salisbury) filed a request for rehearing of the March 12 order, asserting that the Commission approved a plan that violates siting and design standards for water supply stations and would result in water pollution. Agenda item H-1 may be an order on the request for rehearing as brought forward by Salisbury.

H-2 – Grand River Dam Authority (Docket No. P-1494-453). On April 29, 2020, following many years of disputes, the Commission issued a letter order finding that Grand River Dam Authority (GRDA) had not violated a provision of its license to operate the Pensacola Hydroelectric Project. Specifically, the Commission did not conclude that GRDA, by not acquiring legal rights to all non-federal lands affected by the operation of the Project. On May 29, 2020, the City of Miami, Oklahoma (Miami) filed a request for rehearing of the April 29 order, asserting that decades of flooding incidents have adversely impacted Miami residents and should constitute the basis for a Commission investigation. To this point, GRDA has maintained that the Commission does not oversee flood control operations of the Project; rather, the Army Corps of Engineers is responsible for that area. Additionally, Miami is pursuing a legal remedy in the United States Court of Appeals for the District of Columbia Circuit under Section 313(b) of the Federal Power Act. On August 31, 2020, Miami filed a petition for review of the April 29 letter order, given that the language of the order stated it was the “final agency action” of the Commission. Agenda item H-2 may be an order on the May 29 request for rehearing as brought forward by Miami.

 

Certificates

C-1 – National Fuel Gas Supply Corporation (Docket No. CP-20-53-000). On February 18, 2020, National Fuel Gas Supply Corporation (National Fuel) submitted an abbreviated application, pursuant to Section 7(c) of the Natural Gas Act (NGA), to amend the existing certificate of public convenience and necessity (CPCN) granted in 2015 by the Commission for the West Side Expansion and Modernization Project. The application seeks to re-designate the use of the spare compression at the master compressor station to regular use. On June 19, 2020, the Commission issued the Environmental Assessment report for the amendment, finding no significant impact and therefore recommending Commission approval. Agenda item C-1 may be an order on the CPCN amendment application as brought forward by National Fuel.

C-2 – Saltville Gas Storage Company L.L.C. (Docket No. CP20-45-000). On January 24, 2020, Saltville Gas Storage Company L.L.C. (Saltville) submitted an abbreviated application, pursuant to Section 7(c) of the NGA, to amend the existing CPCN granted in 2004 by the Commission for certain natural gas storage facilities. The application seeks to reduce the certificated storage working capacity of the facilities from 5.4 billion cubic feet to 5.0 billion cubic feet. On January 30, 2020, the Commission issued the Environmental Assessment report, finding that the environment would not be involved and, consequently, there would be no impact warranting scrutiny. Agenda item C-2 may be an order on the CPCN amendment application as brought forward by Saltville.

C-3 – Omitted

C-4 – Sabal Trail Transmission, LLC (Docket No. CP15-17-005). On April 22, 2020, the Commission issued an order granting the request by Sabal Trail Transmission, LLC (Sabal Trail) to place certain compressor station facilities into service on or around April 30, 2020. The order followed a request by Sabal Trail to extend the service date for such facilities by a timeframe of six months. On May 22, 2020, the Sierra Club filed a request for rehearing of the April 22 order, claiming the Commission acted erroneously by failing to perform a supplemental environmental review to assess potential impacts per its jurisdiction under the National Environmental Policy Act (NEPA). Agenda item C-4 may be an order on the request for rehearing by Sierra Club.

C-5 – Kinder Morgan Louisiana Pipeline LLC (Docket No. CP19-484-000). On June 28, 2019, Kinder Morgan Louisiana Pipeline LLC (Kinder Morgan) filed a CPCN application, pursuant to Section 7(c) of the NGA, seeking Commission authorization to construct, install, and operate certain natural gas facilities for the Acadiana Project. The facilities would include certain modifications and additions to the system in order to increase the north-to-south natural gas delivery capacity on its pipeline located in Louisiana, ultimately reaching the existing delivery point with Sabine Pass Liquefaction at its liquefied natural gas (LNG) export terminal on the Gulf of Mexico. On February 6, 2020, the Commission issued the Environmental Assessment report, finding that the Acadiana Project with mitigating measures would not constitute a major federal action significantly affecting the quality of the human environment. On September 8, 2020, Kinder Morgan and Sabine Pass Liquefaction jointly filed a request for Commission action, citing upcoming project deadlines and the targeted in-service date of February 1, 2022. Agenda item C-5 may be an order on the CPCN application by Kinder Morgan.

C-6 – Columbia Gulf Transmission, LLC (Docket No. CP19-488-000). On July 16, 2019, Columbia Gulf Transmission, LLC (Columbia Gulf) submitted an abbreviated CPCN application, pursuant to Section 7(c) of the NGA, seeking Commission authorization to construct, own, and operate the Louisiana XPress Project. The project would provide expanded open access firm transportation service of natural gas on the existing pipeline system of Columbia Gulf. On February 6, 2020, the Commission issued the Environmental Assessment report, finding that the Louisiana XPress Project with mitigating measures would not constitute a major federal action significantly affecting the quality of the human environment. On August 14, 2020, Columbia Gulf filed a request for Commission action, citing upcoming project deadlines and the targeted in-service date of February 1, 2022. Agenda item C-6 may be an order on the CPCN application by Columbia Gulf.

C-7 – Alaska Gasline Development Corporation (Docket No. CP17-178-001). On April 17, 2017, Alaska Gasline Development Corporation (AGDC) submitted an application, pursuant to Section 3 of the NGA, for a special permit in order to construct one integrated LNG project (Alaska LNG Project) for export in foreign commerce and for in-state deliveries of natural gas supply. Specifically, the Alaska LNG Project would comprise of an 806.6-mile pipeline and a 20 million-metric-ton per annum liquefaction facility. Following an extensive and robust exchange of supplemental information responsive to data requests and technical conferences, the Commission issued the Draft Environmental Impact Statement (EIS) for the project on June 28, 2019, finding that the Alaska LNG Project would result in a number of significant environmental impacts, some of which may be sufficiently mitigated but others may remain significant even after implementation of mitigation measures. Many stakeholders, intervening parties, and adjacent governmental agencies participated in additional data requests and responses in the following months; on March 6, 2020, the Commission issued the Final EIS for the Alaska LNG Project. The Final EIS affirmed the conclusions drawn in the draft EIS, where some adverse environmental impacts would not be remedied despite potential mitigating measures and the commitment by AGDC to perform additional measures. On May 21, 2020, the Commission issued an order authorizing the Alaska LNG Project. In the order, the Commission agrees with the Final EIS but contemplates the broader economic public interest, and ultimately determined that the overall scope of the Alaska LNG Project warrants approval despite potential environmental impacts. Further, the Commission outlined a large number of conditions by which AGDC must adhere to for approval of each construction stage to ensure compliance with certain environmental regulations and laws. On June 22, 2020, Center for Biological Diversity (CBD) and associated parties filed a request for rehearing of the May 21 order. The request for rehearing asserts that the Commission acted unlawfully and in a deficient manner by not properly conducting the environmental and public interest analyses. Agenda item C-7 may be an order on the request for rehearing.

C-8 – Mountain Valley Pipeline, LLC (Docket No. CP19-14-001). On November 6, 2018, Mountain Valley Pipeline, LLC (Mountain Valley) submitted an application, pursuant to Section 7(c) of the NGA, for a CPCN in order to construct and operate certain interstate natural gas transmission facilities. The Southgate Project would build 75.1 miles of pipeline as well as a new compressor station and related infrastructure. On July 26, 2019, the Commission issued the Draft EIS for the Southgate Project, finding that that approval of the Project would result in some adverse environmental impacts, but these impacts would be reduced to less-than-significant levels through implementation of Commission recommendations and Mountain Valley’s proposed avoidance, minimization, and mitigation measures. On February 14, 2020, the Commission issued the Final EIS, affirming the conclusions furnished in the Draft EIS and, consequently, recommending the project for approval. On June 18, 2020, the Commission issued an order granting the CPCN application to Mountain Valley, with a number of environmental conditions attached for the construction of the facilities. On July 20, a large group of environmental advocacy groups filed a request for rehearing of the June 18 order, asserting that the Commission inadequately conducted the environmental review. The group also invokes the economic basis of the Southgate Project, raising concern with the “high” rate of return on equity as well as the market demand for the project. Agenda item C-8 may be an order on the request for rehearing.

 

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