Publications & Events
Newsletter

Summary of FERC Meeting Agenda for September 2021

Below are summaries of the agenda items for the Federal Energy Regulatory Commission's September 23, 2021 open meeting, pursuant to the agenda issued on September 16, 2021. Items E-4, E-19, and G-1 have not been summarized due to omission.

In this issue…

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

 

Electric

E-1 – Alabama Power Company Dominion Energy South Carolina, Inc., Louisville Gas and Electric Company, Duke Energy Carolinas, LLC and Duke Energy Progress, LLC (Docket Nos. ER21-1111-002, ER21-1112-002, ER21-1114-002, ER21-1115-000, ER21-1115-001, ER21-1115-002); Duke Energy Carolinas, LLC, Duke Energy Progress, LLC, Louisville Gas and Electric Company, Georgia Power Company, Kentucky Utilities Company, Mississippi Power Company, Alabama Power Company (Docket Nos. ER21-1116-002, ER21-1117-002, ER21-1118-002, ER21-1119-002, ER21-1120-002, ER21-1121-002, ER21-1125-000, ER21-1125-001, ER21-1125-002); and Dominion Energy South Carolina, Inc. (Docket No. ER21-128-002) (Consolidated). On February 12, 2021, pursuant to section 205 of the Federal Power Act (FPA), Southern Company Services, Inc. (SCS), as agent for Alabama Power Company, on behalf of itself and the other members of the Southeast Energy Exchange Market (Southeast EEM), submitted the Southeast Energy Exchange Market Agreement (Southeast EEM Agreement) for Commission acceptance. On May 4, 2021, Commission staff issued a deficiency letter on SCS' filing and requested additional information to process the filing. On June 7, 2021, the members of the Southeast EEM responded to the May 4, 2021 deficiency letter with proposed revisions to the Southeast EEM Agreement. On August 6, 2021 Commission staff issued a second deficiency letter which the members of the Southeast EEM responded to on August 11, 2021. Agenda item E-1 may be an order on the Southeast EEM Agreement.

E-2 – Green Development, LLC v. New England Power Company and Narragansett Electric Company (Docket No. EL21-47-000). On February 10, 2021, pursuant to sections 206 and 306 of the FPA, Green Development, LLC (Green Development) filed a complaint against New England Power Company (NEP) and Narragansett Electric Company (Narragansett). Green Development's complaint alleged, inter alia, that NEP assessed unauthorized Direct Assignment Facility Charges (DAF Charges) related to four solar projects interconnected to Narragansett's distribution system, that NEP and Narragansett violated the ISO New England Inc. (ISO-NE) Transmission, Markets, and Services Tariff and FERC precedent in their attempts to pass through the DAF Charges to Green Development, and that NEP and Narragansett continue to violate the FPA by trying to recover the DAF Charges through a state jurisdictional tariff. Agenda item E-2 may be an order on Green Development's complaint.

E-3 – Alabama Power Company, Southern Power Company; Mississippi Power Company; Georgia Power Company; Rutherford Farm, LLC; SP Butler Solar, LLC; SP Decatur Parkway Solar, LLC; SP Pawpaw Solar, LLC; and SP Sandhills Solar, LLC (Docket Nos. ER10-2881-035, ER21-184-000, ER10-2882-036, ER10-2883-034, ER10-2884-034, ER16-2509-005, ER17-2400-006, ER17-2401-006, ER17-2403-006, ER17-2404-006). On June 30, 2020, pursuant to section 205 of the FPA, SCS submitted for filing an updated market power analysis for the Southeast region covering Alabama Power Company, Georgia Power Company, Mississippi Power Company, Southern Power Company (Southern Power), and subsidiaries of Southern Power with market-based rate authority that own or control generation in the Southeast region. Agenda item E-3 may be an order on SCS's updated market power analysis for the Southeast region.

E-4 – Omitted

E-5 – Panda Hummel Station LLC (Docket No. ER19-391-002). On November 23, 2018, pursuant to section 205 of the FPA, Panda Hummel Station LLC (Panda Hummel) filed a proposed rate schedule to begin receiving payment for Reactive Supply and Voltage Control from Generation Sources Services (Reactive Service). On January 22, 2019, the Commission issued an order accepting Panda Hummel's proposed rate schedule for filing, suspended the rate schedule to become effective November 24, 2018, subject to refund, and instituted hearing and settlement judge procedures on the filings. After various settlement procedures, Panda Hummel filed an offer of settlement on July 20, 2020. On August 24, 2020, the settlement judge in the proceeding issued a certification of uncontested settlement. Agenda item E-5 may be an order on Panda Hummel's uncontested settlement.

E-6 – DATC Path 15, LLC (Docket No. ER20-1006-001). On February 14, 2020, pursuant to Section 205 of the FPA, DATC Path 15, LLC (DATC Path 15) filed a revised Appendix I to its Transmission Owner Tariff reflecting a proposed rate reduction to its Transmission Revenue Requirement (TRR) from $25,571,090 to $21,724,075. On May 21, 2020, the Commission issued an order accepting DATC Path 15's filing and instituting an FPA section 206 investigation proceeding to allow customers to recover refunds associated with any further reduction in DATC Path 15's TRR, and established hearing and settlement judge procedures. After various settlement procedures, DATC Path 15 filed an unopposed offer of settlement on June 17, 2021. On July 22, 2021, the settlement judge in the proceeding issued a certification of uncontested offer of settlement. Agenda item E-6 may be an order on DATC Path 15's uncontested offer of settlement.

E-7 – Pacific Gas and Electric Company (Docket Nos. ER19-13-000, ER19-1816-000, ER20-2265-000). On June 30, 2020, pursuant to Section 205 of the FPA, Pacific Gas & Electric Company (PG&E) filed proposed revisions to the formula rate model in its Transmission Owner Tariff to reflect removal of four debt transactions from the calculations of its capital structure, and to address the impact of bankruptcy exit financing (and related transactions) and statutorily required financing on PG&E's formulate rate. On August 28, 2020 the Commission issued an order accepting PG&E's revisions, suspended them for five months, to become effective January 28, 2021, subject to refund and established hearing and settlement judge procedures. After hearing and settlement procedures, the Commission settlement judge issued a certification of uncontested settlement on December 10, 2020. Agenda item E-7 may be an order on the uncontested settlement filed in December 2020.

E-8 – Macquarie Energy LLC, Macquarie Energy Trading LLC, NGP Blue Mountain I LLC, Patua Acquisition Company, LLC (Docket Nos. ER19-2462-004, ER18-2264-007, ER10-2630-003, ER16-1914-003). On March 1, 2021, pursuant to Section 35.42(a)(2) of the Commission's regulations, Macquarie Energy LLC and Macquarie Energy Trading LLC (together, Macquarie), and NGP Blue Mountain I LLC (Blue Mountain) and Patua Acquisition Company, LLC (Patua) (Macquarie, Blue Mountain, and Patua together, Sellers) submitted a notice of non-material change in status (Notice) to inform the Commission of Macquarie's new affiliation with Blue Mountain and Patua, and Blue Mountain and Patua's change in ownership and resulting new affiliations. On March 22, 2021, Public Citizen, Inc. filed a protest alleging that Seller's Notice was deficient for failing to include certain other affiliations and challenging the confidential treatment of an affiliate map attached to the Notice. In May 2021, Commission staff issued letters to Sellers stating that the filed Notice was deficient and that Commission was considering the public release of certain information filed confidentially with the Notice. In June 2021, Sellers responded to the May 2021 letters issued by Commission staff. Agenda item E-8 may be an order on Seller's Notice.

E-9 – PPL Corporation and The Narragansett Electric Company (Docket No. EC21-87-000). On May 4, 2021, pursuant to Section 203 of the FPA, PPL Corporation (PPL) and Narragansett filed a joint application requesting Commission authorization for a transaction in which a wholly-owned subsidiary of PPL will acquire 100 percent of the outstanding shares of common stock in Narragansett. Agenda item E-9 may be an order on PPL and Narragansett's joint application.

E-10 – ISO New England Inc., New England Power Generators Association, Inc. v. ISO New England Inc. (Docket Nos. ER21-787-003, EL21-26-001). On December 31, 2020, pursuant to Section 205 of the FPA, ISO-NE filed proposed revisions to its Transmission, Markets and Services Tariff to update the Cost of New Entry (CONE), Net CONE, and Capacity Performance Payment Rate values used in the Forward Capacity Market. On March 1, 2021, the Commission staff issued a deficiency letter in response to ISO-NE's proposed tariff revisions and requested that ISO-NE submit additional information to process the filing. On March 30, 2021, ISO-NE submitted a response to Commission staff's deficiency letter. On May 28, 2021, the Commission issued an order accepting, in part, subject to condition, ISO-NE's proposed Tariff revisions, and directed ISO-NE to file a compliance filing within 15 days (May 28 Order). On June 11, 2021, the Electric Power Supply Association (EPSA) and the New England Power Generators Association, Inc. (NEPGA) requested rehearing of the Commission's May 28 Order. On July 29, 2021, the Commission issued a notice of denial of rehearing by operation of law and providing for further consideration (July 29 Notice) stating that EPSA and NEPGA's rehearing request would be addressed in a future order. Agenda item E-10 may be the future order referenced in the Commission's July 29 Notice.

E-11 – Midcontinent Independent System Operator, Inc. and Michigan Public Power Agency (Docket No. ER21-2348-000). On December 23, 2020, in Docket No. EL21-37-000, pursuant to Part 35 of the Commission's regulations and section 205 of the Federal Power Act (FPA), Michigan Public Power Agency (MPPA) filed a proposed rate schedule for Reactive Supply and Voltage Control Service (Reactive Service) by the Belle River Facility under Schedule 2 of the Midcontinent Independent System Operator, Inc. (MISO) Open Access Transmission Tariff (Tariff). On April 19, 2021, the Commission issued an order accepting MPPA's filing and setting the matter for settlement and hearing procedures. On July 2, 2021, MISO and MPAA submitted an offer of settlement under Docket No. ER21-2348, resolving all issues set for hearing in the Commission's April order. On August 6, 2021, the presiding administrative law judge issued an order certifying the offer of settlement as uncontested. Agenda item E-11 may be an order regarding the proposed offer of settlement.

E-12 – Wisconsin Electric Power Company (Docket No. ER21-1965-000). On July 1, 2020, Cloverland Electric Cooperative (Cloverland), in Docket No. EL20-57-000, filed a complaint with the Commission seeking a reduction in the return on equity component of the Market Rate Tariff Service Agreement (Service Agreement) between Cloverland and Wisconsin Electric Power Company (Wisconsin Electric). On February 18, 2021, the Commission issued an order setting the complaint for hearing and settlement judge procedures. On May 21, 2021, Wisconsin Electric filed an offer of settlement resolving all issues set for hearing in the Commission's February order. On July 12, 2021, the presiding administrative law judge issued an order certifying the offer of settlement as uncontested. Agenda item E-12 may be an order regarding the proposed offer of settlement.

E-13 – Tampa Electric Company (Docket No. ER21-2025-000). On May 27, 2021, Tampa Electric Company (Tampa Electric) filed a request for waiver of certain provisions of Tampa Electric's formula rate implementation protocols requiring Tampa Electric to accomplish certain measures in its annual update process for its formula transmission and ancillary services rates under the OATT on or before June 1st. On July 12, 2021, Tampa Electric filed a supplemental waiver request to defer the deadline under its formula rate implementation protocols to October 15, 2021. Agenda item E-13 may be an order relating to Tampa Electric's waiver request.

E-14 – Commonwealth Chesapeake Company, LLC, Tyr Energy, LLC, and Hickory Run Energy, LLC (Docket Nos. ER10-3078-005, ER10-3079-017, ER19-2564-001). On June 29, 2020, Tyr Energy, LLC (Tyr LLC), Commonwealth Chesapeake Company, LLC ("CCC"), and Hickory Run Energy, LLC (Hickory Run) submitted an updated market power analysis for the Northeast Region pursuant to Section 35.37 of the Commission's Regulations. On August 28, 2020, the Independent Market Monitor for PJM Interconnection, L.L.C. (PJM) submitted a limited protest. On September 29, 2020, PJM submitted comments in response to the limited protest from the Independent Market Monitor for PJM. Agenda item E-14 may be an order relating to the updated market power analysis and limited protest from the Independent Market Monitor for PJM.

E-15 – Munnsville Wind Farm, LLC, Radford's Run Wind Farm, LLC, RWE Renewables Energy Marketing, LLC, RWE Renewables O&M, LLC, Stony Creek Wind Farm, LLC, and Wildcat Wind Farm I, LLC (Docket Nos. ER10-2834-007, ER17-1438-002, ER20-173-001, ER17-2056-001, ER10-2821-007, ER12-1329-007). On June 29, 2020, the above-referenced entities submitted an updated market power analysis for the Northeast Region pursuant to Section 35.37 of the Commission's Regulations. On April 21, 2021, the Commission issued a deficiency notice regarding the June 29th submittal. On May 21, 2021, the parties submitted a response to Commission's April 21 deficiency notice. Agenda item E-15 may be an order relating to the updated market power analysis submitted by the above-referenced entities.

E-16 – Talen Energy Marketing, LLC, Brandon Shores LLC, Brunner Island, LLC, Camden Plant Holding, L.L.C., Dartmouth Power Associates Limited Partnership, Elmwood Park Power, LLC, H.A. Wagner LLC, LMBE Project Company LLC, Martins Creek, LLC, MC Project Company LLC, Millennium Power Partners, L.P., Montour, LLC, New Athens Generating Company, LLC, Newark Bay Cogeneration Partnership, L.P., Pedricktown Cogeneration Company LP, Susquehanna Nuclear, LLC, York Generation Company LLC, and TrailStone Energy Marketing, LLC (Docket Nos. ER15-2013-011, ER12-2510-010, ER15-2014-007, ER10-2435-018, ER10-2440-013, ER10-2442-015, ER12-2512-010, ER19-481-003, ER15-2018-006, ER18-2252-002, ER10-3286-014, ER15-2022-006, ER10-3299-013, ER10-2444-017, ER10-2446-013, ER15-2026-006, ER10-2449-015, ER19-2250-003). On June 29, 2020, the above-referenced entities (collectively, the Riverstone Northeast MBR Sellers) submitted an updated market power analysis for the Northeast Region pursuant to Section 35.37 of the Commission's Regulations. Agenda item E-16 may be an order relating to the updated market power analysis submitted by the Riverstone Northeast MBR Sellers.

E-17 – Homer City Generation, L.P. (Docket No. ER13-55-025). On June 30, 2020, Homer City Generation, L.P. (Homer City) submitted an updated market power analysis for the Northeast Region pursuant to Section 35.37 of the Commission's Regulations. On August 31, 2020, Public Citizen, Inc. (Public Citizen) submitted comments regarding Homer City's submittal. On September 15, 2020, Homer City submitted comments in response to Public Citizen's comments. Agenda item E-17 may be an order relating to the updated market power analysis submitted by Homer City. 

E-18 – Story County Wind, LLC (Docket No. ER20-1906-001). On May 28, 2020, Story County Wind, LLC (Story County Wind) filed a proposed rate schedule for its Reactive Supply and Voltage Control from Generation Sources Service as defined on Schedule 2 MISO Tariff. On July 27, 2020, the Commission issued an order accepting the proposed rate schedules for filing and establishing hearing and settlement judge procedures. On October 27, 2020, Story County Wind filed a formal offer of settlement. On November 17, 2020, the presiding administrative law judge issued an order certifying the offer of settlement as uncontested. Agenda item E-18 may be an order regarding the proposed Story County Wind offer of settlement.

E-19 – Omitted

E-20 – Jackson Generation, LLC v. PJM Interconnection, L.L.C. (Docket No. EL21-62-001). On March 30, 2021, pursuant to sections 206 and 306 of the FPA, and Rule 206 of the Commission's Rules of Practice and Procedure, Jackson Generation, LLC (Jackson) filed a complaint against PJM alleging that PJM misapplied its Open Access Transmission Tariff (Tariff) in reviewing Jackson's request for a unit-specific exception to the Minimum Offer Price Rule (MOPR). On May 14, 2021, the Commission issued an order granting in party and denying in part Jackson's complaint. On June 14, 2021, Jackson submitted a request for rehearing of the Commission's May 14 order. Agenda item E-20 may be an order regarding Jackson's request for rehearing of the Commission's May 14 order.

E-21 – Caithness Long Island, LLC and Moxie Freedom LLC (Docket Nos. ER20-2271-000, ER20-2755-000, & ER20-2276-000). On June 30, 2020, Caithness Long Island, LLC (Caithness Long Island) and Moxie Freedom LLC (Moxie Freedom) submitted an updated market power analysis for the Northeast Region pursuant to Section 35.37 of the Commission's Regulations. On August 31, 2020, Public Citizen and the Independent Market Monitor for PJM submitted protests regarding Caithness Long Island and Moxie Freedom's submittal. On October 19, 2020, the Commission issued notice that it had received a request to make public the non-public version of Attachment B submitted with the June 30 updated market power analysis. Agenda item E-21 may be an order relating to the updated market power analysis submitted by Caithness Long Island and Moxie Freedom.

 

Miscellaneous

M-1 – OMB Control Numbers for Commission Information Collection Requirements (RM21-20-000). Agenda item M-1 may be a Notice of Proposed Rulemaking addressing OMB control numbers for Commission information collection requirements.

 

Gas

G-1 – Omitted

G-2 – Continental Resources, Inc. v. Northern Border Pipeline Company (Docket No. RP21-628-000). On March 18, 2021, Continental Resources, Inc. (Continental) filed, pursuant to Rule 206 of the Commission's Rules of Practice and Procedure, a complaint against Northern Border Pipeline Company (Northern Border) requesting a disgorgement of profits earned in connection with abrogated transportation service agreements under which an affiliated shipper, ONEOK Rockies, had been permitted to take service. The complaint alleges that because the Commission found the negotiated rate agreements to be unlawful under the Natural Gas Act (NGA) and Commission regulations, Northern Border should not be permitted to retain the profits earned from such agreements. Agenda item G-2 may be an order addressing the Complaint.

 

Hydro

H-1 – McMahan Hydroelectric, LLC (Docket No. P-14858-003). The Bynum Project, located on the Haw River in Bynum, Chatham County, North Carolina, has not operated for the past 10 years. Its license expired on April 30, 2015, and the Commission solicited applications for a license to operate the project. On September 20, 2019, the Commission issued, pursuant to Part 1 of the Federal Power Act (FPA), an order granting an original license to McMahan Hydroelectric, LLC (McMahan Hydro) to operate and maintain the Bynum Hydroelectric Project (License Order). On October 18, 2019, the North Carolina Department of Environmental Quality (NCDEQ) submitted a request for rehearing of the license order alleging the Commission improperly determined that NCDEQ waived its authority under Section 401 of the Clean Water Act to issue a water quality certification to McMahan Hydro for the Bynum Project. In its request for rehearing, the NCDEQ requests that the Commission withdraw its waiver determination and include the 401 certification, issued the same day as the original license, in the new license. PK Ventures, the previous license holder, submitted a request for rehearing arguing the Commission lacks jurisdiction over the Bynum Project and therefore improperly issued the license. On April 16, 2020, the Commission issued an order denying rehearing and associated requests for a stay. On June 15, 2020, the NCDEQ submitted to the United States Court of Appeals for the Fourth Circuit (4th Circuit), pursuant to Rule 15(a) of the Federal Rules of Appellate Procedure (FRAP) and section 313(b) of the Federal Power Act (FPA), a petition for review of the License Order and the Order Denying Rehearing and Stay. PK Ventures also submitted a petition for review of the aforementioned orders in a separate docket. On July 2, 2021, the 4th Circuit issued an order granting NCDEQ's petition for review, vacating the license issued by FERC, and remanding with instruction for the Commission to reissue the license to include the water-quality conditions imposed by NCDEQ (Remand Order). The 4th Circuit also denied and dismissed PK Ventures petition for review. Agenda item H-1 may be an order addressing the 4th Circuit's Remand Order.

H-2 – PacifiCorp; Klamath River Renewal Corporation, State of Oregon, and State of California (Docket Nos. P-2082-068, P-14803-005). On June 17, 2021, the Commission issued an order approving Transfer of License for Project Nos. 2082-062, 14083-00, and 14803-004 (Lower Klamath Project) from PacifiCorp to the Klamath River Renewal Corporation (KRRC) and the States of California and Oregon (hereafter, KRRC and the States are collectively referred to as Transferees). On July 16, 2021, the County of Siskiyou, California requested rehearing to request that the Commission prepare an Environmental Impact Statement addressing the environmental impacts of decommissioning the Lower Klamath Project prior to issuing the Transfer Order. Agenda item H-2 may be an order addressing the request for rehearing.

H-3 – Cornell University (Docket No. P-3251-010). On June 28, 2019, Cornell University submitted an application for a new 40 year license for the Cornell University Project, Project No. 3251. The Cornell University Project is located on Fall Creek, a tributary to Cayuga Lake, in the City of Ithaca in Tompkins County, New York. The Project is operated in run-of-river mode (ROR) and has an authorized installed capacity of 1,718 kW. On November 30, 2020, the Commission issued an Environmental Assessment finding the issuance of a new license for the Cornell Project, with additional staff-recommended measures, would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item H-3 may be an order addressing the application.

H-4 – Great Lakes Hydro America, LLC (Docket No. P-2520-083). On August 31, 2016, Great Lakes Hydro America, LLC (GLHA) filed, pursuant to sections 4(e) and 15 of the Federal Power Act (FPA), an application for a new license to continue operating and maintaining the Mattaceunk Hydroelectric Project No. 2520 (Mattaceunk Project). The 19.2 MW project is located on the Penobscot River in Aroostook and Penobscot Counties, Maine. On February 26, 2021, the Commission issued a final license order for the Mattaceunk Project (License Order). On March 26, 2021, the National Marine Fisheries Service (NMFS) submitted, pursuant to rules 212 and 713 of the Commission's Rules of Practice and Procedure, a motion for clarification or in the alternative, a motion for rehearing. Specifically, the motion requests that the Commission clarify the terms of the License Order specifying that GLHA is required to comply with the terms of NMFS' mandatory section 18 prescription and that Commission and GLHA comply with the non-discretionary RPMs and terms and conditions of the ITS. As stated previously, NMFS seeks rehearing in the alternative. Agenda item H-4 may be an order addressing the request for rehearing.

H-5 – Western Technical College and ReNew Hydro Power, LLC (Docket No. P-13417-008). On September 14, 2020, Western Technical College (WTC) and Renew Hydro Power, LLC (RHP), submitted, pursuant to section 8 of the Federal Power Act (FPA) and Part 9 of the Federal Energy Regulatory Commission's (Commission) Regulations, a joint application for approval of transfer of the license for Angelo Dam Hydroelectric Project, Project No. 13417 (Angelo Dam), and request for expedited consideration. Angelo Dam is on the La Crosse River in the Township of Angelo, Monroe County, Wisconsin. The Angelo Dam Project consists of an earthen embankment with a maximum height of 14 feet and a spillway with a short, non-overflow section. The dam has a total length of 615.5 feet, impounding a 52 acre reservoir. The project consists of one vertical, double-regulated turbine with a rated output of 205 kW and an overhead 480 V line connecting to the local distribution system. Agenda item H-5 may be an order addressing the application.

H-6 – PacifiCorp; Public Utility District No. 1 of Cowlitz County, Washington (Docket Nos. P-935-140, P-935-147, P-2071-082, P-2071-084, P-2111-080, P-2111-082, P-2213-043, P-2213-044). On July 2, 2020, PacifiCorp submitted applications for non-capacity amendment to licenses for the Swift No. 1 Hydroelectric Project (No. P-2111), Merwin Hydroelectric Project (No. P-935), Yale Hydroelectric Project (P-2071). Throughout the proceedings numerous issues of disputed fact arose, involving National Marine and Fisheries Service (NMFS) and the US Fish and Wildlife Service (USFWS) recommendations for construction of fish passage facilities in particular. Numerous parties submitted requests for hearing to address the disputed facts. Agenda item H-6 may be an order addressing either the application or the requests for hearing.

H-7 – Sacramento Municipal Utility District (Docket No. P-2101-161). On February 26, 2019, Sacramento Municipal Utility District (SMUD) submitted the Stab Creek Recreation Streamflow Parking and Access Plan for the Upper American River Project, FERC Project No. 2101. The plan was required by a prior Commission order issued in a separate sub-docket of this proceeding on July 23, 2014, and supplemented on November 9, 2016. SMUD indicated in their filing that the plan was intended to be filed in January of 2016, but several investigations to locate a suitable location that comports with the requirements proffered in prior Commission orders has led to a longer timeframe, and accordingly, the submission in February of 2019 following three extension requests. Agenda item H-7 may be an order on the Stab Creek Recreation Streamflow Parking and Access Plan by SMUD.

H-8 – Pine Creek Mine, LLC (Docket No. P-12532-006). On February 12, 2016, Pine Creek Mine, LLC (Pine Creek) submitted its Final Application for Original License for the proposed Pine Creek Mine Tunnel Hydroelectric Project, FERC Project No. 12532. The project would be located in northern Inyo County, California and comprise over 100 miles of existing underground mine systems. On July 8, 2016, Pine Creek submitted an Amendment to the Final Application. On February 12, 2018, the Commission issued the Environmental Assessment for the project, finding that approval would not constitute a major federal action significantly affecting the quality of the human environment. On August 20, 2019, the California State Water Resources Control Board (State Water Board) issued a denial without prejudice for water quality certification pursuant to section 401(a)(1) of the Clean Water Act (CWA). State Water Board stated that, without evidence that the project would comply with the standards of the California Environmental Quality Act (CEQA), it cannot grant approval until that process is complete. On June 3, 2020, Pine Creek submitted a Petition for Declaratory Order regarding section 401 CWA water quality certification. In the Petition, Pine Creek argued that the Commission should terminate the authority of State Water Board to oversee certification at the state level, and therefore remove a "recidivist, dilatory" barrier to the Commission licensing process. Further, Pine Creek alleged that State Water Board failed to render a judgment in a timely fashion in accordance with the one-year period following the initial September 1, 2016 state filing, which resulted in the failure to issue a CEQA certification. On July 7, 2020, State Water Board issued a Notice of Intent to adopt a Negative Declaration (ND) for the project pursuant to its CEQA authority. On August 26, 2020, however, State Water Board issued the water quality certification and found that the project would comply with applicable state water quality standards if conditions and limitations imposed in the order were implemented. Accordingly, on September 29, 2020, Pine Creek submitted a Withdrawal of the Petition for Declaratory Order to strip the jurisdiction of State Water Board. On July 26, 2021, Pine Creek submitted a Motion for Expedited Action by the Commission in the light of the State Water Board reversal and ultimate approval of CEQA standards and requirements. Agenda item H-8 may be an order on the Final Application for the proposed Pine Creek Mine Tunnel Hydroelectric Project.

H-9 – Carbon Zero, LLC and North Bennington Hydroelectric LLC (Docket No. P-14308-011). On August 31, 2020, Carbon Zero, LLC (Carbon Zero) and North Bennington Hydroelectric LLC (North Bennington) submitted a Joint Application for Approval of Transfer of License for the Vermont Tissue Mill Project, FERC Project No. 14308. The original license was granted by the Commission on April 25, 2013 to Carbon Zero for a 30-year term; the Joint Application would transfer ownership and operations from Carbon Zero to North Bennington. Agenda item H-9 may be an order on the Joint Application for Transfer of License for the Vermont Tissue Mill Project.

H-10 – Solia 9 Hydroelectric, LLC (Docket No. P-15105-000). On March 1, 2021, Solia 9 Hydroelectric, LLC (Solia 9) submitted a Preliminary Permit Application for the proposed Llano County Pumped Storage Project. Solia 9 sought to secure a preliminary approval in order to maintain priority of application for a license under Part I of the Federal Power Act while obtaining the necessary data for feasibility and compliance to support the eventual application for a new license from the Commission. Solia 9 supplemented the preliminary application in order to address deficiencies on April 12, 2021. Agenda item H-10 may be an order on the Preliminary Permit Application.

H-11 – Northern States Power Company – Wisconsin (Docket No. P-2444-037). On April 7, 2021, Northern States Power Company – Wisconsin (NSPCW) submitted a Request for Temporary Amendment of Reservoir Elevation Requirement relating to the White River Hydroelectric Project. Agenda item H-11 may be an order the Request for Temporary Amendment as brought forward by NSPCW.

H-12 – The City of Seattle, Washington (Docket No. P-553-240). On February 2, 2021, the Commission issued an order amending the existing license, and revising annual charges, for the Skagit Hydroelectric Project as owned and operated by Seattle City Light and the City of Seattle, Washington (collectively, Seattle). On March 4, 2021, Seattle filed a request for rehearing of the February 2 order. The rehearing request is centered on the lack of retroactive refunds of the federal land use fees within the High Ross Inundation Zone. Agenda item H-12 may be an order on the rehearing request as brought forward by Seattle.

 

Certificates

C-1 – Texas Eastern Transmission, LP (Docket No. CP21-31-000). On January 15, 2021, Texas Eastern Transmission, LP (Texas Eastern) submitted, pursuant to Sections 7(b) and 7(c) of the Natural Gas Act (NGA), an Abbreviated Application for a Certificate of Public Convenience and Necessity (CPCN) and Related Authorizations and Order Approving Abandonment for its proposed Perulack Compressor Units Replacement Project. Texas Eastern requested that the Commission render a decision by July 16, 2021 to meet projected construction and operational deadlines. On February 2, 2021, the Commission notified the Pennsylvania Department of Environmental Protection that the one year deadline to act on the water certification request under Section 401(a)(1) of the Clean Water Act (CWA) would be November 16, 2021. On June 4, 2021, the Commission issued the Environmental Assessment for the project, finding that approval would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-1 may be an order on the CPCN application and related authorizations as brought forward by Texas Eastern.

C-2 – Delfin LNG LLC (Docket No. CP15-490-002). Agenda item C-2 may represent a new sub-docket in the ongoing proceeding regarding the CPCN application as filed by Delfin LNG LLC originally on May 8, 2015.

C-3 – EcoElectrica, L.P. (Docket No. CP95-35-000). On October 19, 1994, EcoElectrica, L.P. (EcoElectrica) submitted, pursuant to Section 3 of the NGA, an Application for Approval of a Place of Import for Liquefied Natural Gas for facilities located on the south coast of Puerto Rico. On November 9, 1995, the Commission and the Puerto Rico Planning Board issued the draft Environmental Impact Statement (draft EIS), finding that the proposed project would have limited adverse environmental impact. On April 1, 1996, the Commission and the Puerto Rico Planning Board issued the final EIS, affirming that approval of the project would not result in major environmental impacts. On May 15, 1996, the Commission issued an order granting authorization for siting, construction, and operations of the proposed LNG facility. On July 17, 1996, EcoElectrica filed an acceptance of the certificate issued in the May 15 order. On June 12, 2000, EcoElectrica submitted a request to begin importation of LNG to its facilities in July of that year; the Commission issued a letter order accepting this request to commence importation on June 20, 2000. In the ensuing years, EcoElectrica has operated the LNG facilities in accordance with Commission requirements and data exchanges. Agenda item C-3 may be an order relating to the operational status or potential modifications of the EcoElectrica LNG facilities.

 

Search for more Summaries of FERC Meeting Agendas.

 

This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
© 2021 White & Case LLP