07.23.2024

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Updates

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s (FERC or the Commission) open meeting to be held on July 25th, at 11:00 a.m. ET. The summaries below are based on publicly available information in the dockets listed on the FERC agenda at the time of publication. For ease of reference, a link to each lead docket on the meeting agenda has been included. The Commission may decide to remove any items from the meeting agenda at any time. 

Item No.

Docket No.

Company

ADMINISTRATIVE

A-1

AD24-1-000

Agency Administrative Matters

A-2

AD24-2-000

Customer Matters, Reliability, Security, and Market Operations

ELECTRIC

E-1

ER24-95-000

New York Independent System Operator, Inc.

On October 13, 2023, the New York Independent System Operator, Inc. (NYISO) submitted revisions to its Open Access Transmission Tariff (OATT) in compliance with the Commission’s Order No. 895, requiring regional transmission organizations and independent system operators to have tariff provisions that (a) permit it to exchange market participant credit-related information with other regional transmission organizations /independent system operators (RTOs/ISOs); (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document. Agenda item E-1 may be an order on NYISO’s tariff revisions.

E-2

ER24-138-000

ISO New England Inc.

On October 18, 2023, ISO New England Inc. (ISONE) submitted revisions to the ISO New England Inc. Transmission, Markets, and Services Tariff in compliance with the Commission’s Order No. 895, requiring regional transmission organizations and independent system operators to have tariff provisions that (a) permit it to exchange market participant credit-related information with other RTOs/ISOs; (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document.  Agenda item E-2 may be an order on ISONE’s tariff revisions.

E-3

ER24-155-000

California Independent System Operator Corporation

On October 19, 2023, the California Independent System Operator Corporation (CAISO) submitted revisions to its tariff in compliance with the Commission’s Order No. 895, requiring RTOs/ISOs to have tariff provisions that (a) permit it to exchange market participant credit-related information with other RTOs/ISOs; (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document.  Agenda item E-3 may be an order on CAISO’s tariff revisions.

E-4

ER24-156-000

PJM Interconnection, L.L.C.

On October 19, 2023, PJM Interconnection, L.L.C. (PJM) submitted revisions to its OATT in compliance with Order No. 895, requiring regional transmission organizations and independent system operators to have tariff provisions that (a) permit it to exchange market participant credit-related information with other RTOs/ISOs; (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document.  Agenda item E-4 may be an order on PJM’s tariff revisions.

E-5

ER24-165-000

Midcontinent Independent System Operator, Inc.

On October 20, 2023, Midcontinent Independent System Operator, Inc. (MISO) submitted revisions to its tariff in compliance with Order No. 895, requiring regional transmission organizations and independent system operators to have tariff provisions that (a) permit it to exchange market participant credit-related information with other RTOs/ISOs; (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document.  Agenda item E-5 may be an order on MISO’s tariff revisions.

E-6

ER24-289-000

Southwest Power Pool, Inc.

On November 1, 2023, Southwest Power Pool, Inc. (SPP) submitted revisions to its tariff in compliance with Order No. 895, requiring regional transmission organizations and independent system operators to have tariff provisions that (a) permit it to exchange market participant credit-related information with other RTOs/ISOs; (b) permit it to use market participant credit-related information received from other RTOs/ISOs to the same extent and for the same purposes that it may use credit-related information from its own market participants; and (c) require the receiving RTO/ISO to treat credit-related information from another RTO/ISO as confidential under the terms of its tariff or other governing document.  Agenda item E-6 may be an order on SPP’s tariff revisions.

E-7

ER24-1606-000

Sol Systems, LLC

On March 22, 2024, Sol Systems LLC (Sol) petitioned the Commission for limited, prospective waiver of the deadline for the SPP’s DISIS-2023-0001 generator interconnection cluster, or, in the alternative, waiver of certain provisions of SPP’s generator interconnection to the extent necessary to ensure Sol and other customers would not forfeit at-risk payments if deemed withdrawn from the cluster for failure to meet the deadline. Sol’s petition alleges SPP violations of its tariff resulting in unexpected system upgrade cost increases. Several energy project developers, along with the American Clean Power Association and Solar Energy Industries Association, intervened in the proceeding. Agenda item E-7 may be an order on the Sol petition.

E-8

ER24-1775-000

Southwest Power Pool, Inc.

On April 17, 2024, SPP submitted proposed revisions to Attachment AE of its OATT concerning auction revenue and congestion hedging rights allocations. Agenda item E-8 may be an order on SPP’s filing.

E-9

EL24-86-000

New York Power Authority

On March 6, 2024, the New York Power Authority (NYPA) requested authorization to recover 100% of prudently incurred costs associated with its investment in the expansion of the East Garden City Substation, if that project is abandoned or cancelled for reasons beyond NYPA’s control. The Commission had previously granted NYPA the “abandonment incentive” for the risks associated with a related project, Propel NY Energy Alternative Solution 5. NYPA is pursuing this abandonment incentive separately for the East Garden City Substation because it is a right of first refusal project that NYPA will finance and build on its own in parallel with its work on the Propel NY project. Agenda item E-9 may be an order on NYPA’s request.

E-10

EL24-107-000

Pacific Gas and Electric Company

On April 30, 2024, PG&E submitted a Petition for Declaratory Order requesting expedited approval of two transmission rate incentives for its project work associated with four reliability-driven transmission projects approved in the CAISO 2021-2022 transmission plan. Specifically, PG&E requested authorization to: (1) recover 100% of its prudently incurred costs for its work associated with the four projects if the projects are cancelled or abandoned for reasons beyond PG&E’s control; and (2) include 100% of the construction work in progress (CWIP) in its transmission rate base during the construction period. PG&E’s request regarding the CWIP was protested by the California Public Utilities Commission. Agenda item E-10 may be an order on PG&E’s request.

E-11

OMITTED

 

E-12

OMITTED

 

E-13

ER13-760-002

ER19-2644-002

ER19-430-002

ER22-2483-001

Canastota Windpower, LLC

Whitney Hill Wind Power, LLC

Enel Green Power Hilltopper Wind, LLC

Alta Farms Wind Project II, LLC

On June 30, 2023, the above-named applicants submitted market power updates with respect to their authority to sell energy, capacity, and ancillary services at market-based rates within the Northeast region. The applicants asked the Commission to accept the submission and find that they continue to satisfy the requirements for market-based rate authorization. Agenda item E-13 may be an order on the applicants’ submission.

E-14

ER10-2527-011

ER23-842-002

ER10-2532-019

ER23-1497-001

ER20-1610-004

ER23-1595-001

ER10-2535-013

ER23-843-002

Allegheny Ridge Wind Farm, LLC

Big Plain Solar, LLC

Crescent Ridge LLC

GSG Wind, LLC

Lone Tree Wind, LLC

LRE Energy Services, LLC

Mendota Hills, LLC

Oak Trail Solar, LLC

On June 28, 2023, the above-named applicants submitted updated market power analyses to demonstrate that the applicants and their affiliates do not have market power in the Northeast region. The applicants requested that the Commission accept the updated market power analyses and find that no further inquiry is necessary. Agenda item E-14 may be an order on the applicants’ submission.

E-15

ER16-355-004

ER16-141-006

ER15-255-005

ER10-2032-010

ER10-2033-009

ER15-190-021

ER12-2313-007

ER10-1330-009

ER18-2466-002

ER18-2465-002

ER19-2343-003

ER17-2336-007

ER18-1343-015

Colonial Eagle Solar, LLC

Conetoe II Solar, LLC

Duke Energy Beckjord Storage, LLC

Duke Energy Kentucky, Inc.

Duke Energy Ohio, Inc.

Duke Energy Renewable Services, LLC

Laurel Hill Wind Energy, LLC

North Allegheny Wind, LLC

Federal Way Powerhouse LLC

Potter Road Powerhouse LLC

2018 ESA Project Company, LLC

Shoreham Solar Commons LLC

Carolina Solar Power, LLC

On December 20, 2022, the above-named applicants submitted updated market power information in support of continued authorization to make wholesale sales of electric energy, capacity, and ancillary services in the Northeast region at market-based rates. Agenda item E-15 may be an order on the applicants’ submission.

E-16

ER14-255-008

ER14-255-009

EL23-95-000

New Brunswick Energy Marketing Corporation

On December 30, 2022, New Brunswick Energy Marketing Corporation (NB Energy Marketing) submitted a notice of a change in status to inform the Commission of revisions to New Brunswick Power Corporation’s OATT. The notice requested the Commission find that the revisions do not change the facts and circumstances on which the Commission relied when it granted NB Energy Marketing market-based rates authority. Agenda item E-16 may be an order on NB Energy Marketing’s notice.

E-17

EL22-80-000

EL22-85-000

American Municipal Power, Inc., Office of the People’s Counsel for the District of Columbia, and the PJM Industrial Customer Coalition v. PJM Interconnection, L.L.C. PJM Interconnection, L.L.C.

On July 26, 2022, American Municipal Power, Inc., Office of the People’s Counsel for the District of Columbia, and the PJM Industrial Customer Coalition (Complainants) filed a complaint challenging PJM Interconnection, L.L.C.’s (PJM) failure under PJM’s operating agreement to execute with each entity designated to construct a regionally planned project a designated entity agreement. The complaint requests that the Commission: 1) find that PJM is not complying with the relevant provisions of the operating agreement; 2) direct PJM to immediately comply with those provisions; 3) order PJM to immediately execute designated entity agreements with designated entities designated to build regionally planned projects that PJM has approved and which are still under construction.

On October 10, 2022, PJM filed a motion to consolidate the complaint docket described above with a docket in which PJM requested a revision to its operating agreement to clarify what entities are designated entities. Agenda item E-17 may be an order on the complaint or on PJM’s motion to consolidate.

E-18

ER22-962-005

PJM Interconnection, L.L.C.

On September 1, 2023, PJM Interconnection, L.L.C. (PJM) submitted proposed revisions to the PJM OATT and its Amended and Restated Operating Agreement to comply with numerous directives in Order No. 2222 regarding distributed energy resource aggregations in markets operated by regional transmission organizations and independent system operators. Agenda item E-18 may be an order on PJM’s proposed revisions.

GAS

G-1

IS20-108-001

IS21-133-000

OR21-1-000

(consolidated)

TransCanada Keystone Pipeline, LP Husky US Marketing LLC and Phillips 66 Company v. TransCanada Keystone Pipeline, LP

On February 16, 2023, an administrative law judge issued an initial decision determining the justness and reasonableness of TransCanada Keystone Pipeline, LP’s (TransCanada Keystone) 2018, 2019, and 2020 Final Variable Rate, and determining the justness and reasonableness of TransCanada Keystone’s 2021 Estimated Variable Rates. In addition, the initial decision also determined whether the 2018, 2019, and 2020 Final Variable Rate Notices and whether the 2020 and 2021 Estimated Variable Rate Notices were just and reasonable under certain Transportation Service Agreements. Briefs on exceptions and opposing exceptions were filed with the Commission by the litigants. Agenda item G-1 may be an order on the initial decision.

HYDRO

H-1

P-15248-000

P-14869-000

RAMM Power Group, LLC

In 2018, RAMM Power Group, LLC (RAMM) filed an application for a preliminary permit for the Sacaton Energy Storage Project (Sacaton Project), consisting of a 150 MW closed-loop pumped storage generating facility and a 100 MW solar generating facility to be located at an existing open pit mine in Pinal County, Arizona. On July 9, 2021, RAMM filed an application for a two-year extension of its preliminary permit for the Sacaton Project, which had been issued on July 19, 2018, and expired on June 30, 2021.  The Commission rejected that request because it had been filed after expiration of the preliminary permit, and in 2021 RAMM filed a renewed application for a preliminary permit for the Sacaton Project. Agenda item H-1 may be an order on RAMM’s application.

H-2

P-15327-000

New England Hydropower Company, LLC

On October 11, 2023, New England Hydropower Company, LLC (NEHC) filed an application for a preliminary permit for its Middlebury Hydroelectric Facility, a low-impact run-of-river, hydroelectric project to be located in Middlebury, Vermont. Agenda item H-2 may be an order on NEHC’s application.

H-3

P-15302-001

LinkPast Solutions, Inc.

On June 26, 2023, LinkPast Solutions, Inc. (LinkPast) filed an application for a preliminary permit for hydropower development on the Black River located in the City of Watertown, New York. Agenda item H-3 may be an order on LinkPast’s application.

H-4

P-2701-066

Erie Boulevard Hydropower, L.P.

On October 2, 2023, the Commission denied late intervention by the New York State Council of Trout Unlimited and the Citizens for Hinckley Lake (Citizens). On October 12, 2023, Citizens submitted comments on the Commission’s October 2, 2023, order. Agenda item H-4 may be an order addressing Citizens’ comments.

H-5

P-1881-110

BIF III Holtwood, LLC

On May 10, 2022, BIF III Holtwood, LLC (Holtwood) submitted an Upstream Boat Barrier Debris Management Plan as requested by the Commission on December 20, 2021, as a follow-up to a 2021 dam safety inspection at the Holtwood Project. On July 28, 2022, the Commission approved Holtwood’s procedures for removing and disposing of debris as was consistent with the debris management study and management plan filed on August 9, 1982. Holtwood was instructed to revise the plan based on the recommendations of the Pennsylvania Department of Environmental Protection. On November 30, 2022, Holtwood filed a revised Upstream Boat Barrier Debris Management Plan for approval. Agenda H-5 may be an order on Holtwood’s compliance filing.

H-6

CD24-2-001

River Roar Energy LLC

On June 4, 2024, River Roar Energy LLC submitted a Request for Rehearing on the Commission’s May 6, 2024, letter order rejecting a Notice of Intent to Construct a Qualifying Conduit Hydropower Facility. The Commission rejected the Notice concluding that the project does not meet criteria under Section 30 of the Federal Power Act. The request for rehearing was denied by operation of law. Agenda H-6 may be an order on the Request for Rehearing.

H-7

P-5261-024

Green Mountain Power Corporation

On April 29, 2024, Green Mountain Power Corporation (GMP) submitted a Request for Clarification on the Commission’s March 28, 2024, “Order Issuing Subsequent License.” The license order limited the requirement for GMP to operate the downstream fish passage chute with a flow of 25 cubic feet per second from April 1 to June 1 and from September 1 to November 15. The request for rehearing was denied by operation of law. Agenda H-7 may be an order on the Request for Clarification.

H-8

P-0709-073

ECOsponsible, LLC

On March 31, 2022, ECOsponsible, LLC (ECO) filed a Notice of Intent to File an Application for a New License. On April 3, 2024, the Commission rejected the Notice of Intent and Pre-Application. On May 3, 2024, ECO submitted a Request for Rehearing on the Commission’s April 3, 2024, letter order. The request for rehearing was denied by operation of law. Agenda H-8 may be an order on the Request for Rehearing.

H-9

DI22-5-001

Antelope Valley Water Storage LLC

On March 26, 2024, Antelope Valley Water Storage LLC submitted a Request for Rehearing on the Commission’s March 21, 2024, order ruling on the Declaration of Intention finding licensing required of the proposed Antelope Valley Water Storage Aquifer Pumped Hydroelectric Project (Project). The request for rehearing was denied by operation of law. Agenda H-9 may be an order on the Request for Rehearing.

CERTIFICATES

C-1

CP23-523-000

ANR Pipeline Company

On August 1, 2023, ANR Pipeline Company (ANR) submitted an application for a Certificate of Public Convenience and Necessity and Abandonment Authority with respect to its Oak Grove Enhancement Project (Project), located in Richland and West Carroll Parishes, Louisiana. ANR is replacing approximately 33 miles of its existing 30-inch diameter natural gas pipeline Line 0-501 with new 30-inch diameter natural gas pipeline. On March 1, 2024, the Commission released the Notice of Availability of the Environmental Assessment and the Environmental Assessment Report for the Project. Agenda C-1 may be an order on ANR’s application.

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