FERC Meeting Agenda Summaries for June 2023
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 June 15, 2023, at 10:00 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
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| A-1 | AD23-1-000 | Agency Administrative Matters |
| A-2 | AD23-2-000 | Customer Matters, Reliability, Security and Market Operations |
| A-3 | AD23-8-000 | FERC-NERC-Regional Entity Joint Inquiry into Winter Storm Elliot |
ELECTRIC
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| E-1 | RM22-10-000 | Transmission System Planning Performance Requirements for Extreme Weather. On June 16, 2022, FERC published a proposed rule that would direct the North American Electric Reliability Corporation (NERC) to modify Reliability Standard TPL-001-5.1 (Transmission System Planning Performance Requirements) to address reliability concerns related to transmission system planning for extreme heat and cold weather events that impact the reliable operations of the bulk-power system. Parties submitted comments on the proposed rule through August 2022. Agenda item E-1 may be an order on the proposed rule. |
| E-2 | One-Time Informational Reports on Extreme Weather Vulnerability Assessments, Climate Change, Extreme Weather, and Electric System Reliability. In conjunction with RM22-10-000 (E-1 above), FERC published a proposed rule on June 16, 2022, that would direct transmission providers to submit one-time informational reports describing their current or planned policies and processes for conducting extreme weather vulnerability assessments. FERC explained that the goal of this rulemaking is to gather information, not establish new requirements. Parties submitted comments on the proposed rule through August 2022. Agenda item E-2 may be an order on the proposed rule. | |
| E-3 | RM22-13-000 | Credit-Related Information Sharing in Organized Wholesale Electric Markets. On July 28, 2022, FERC proposed, pursuant to Section 206 of the Federal Power Act, to amend its regulations to permit regional transmission organizations and independent system operators to share among themselves credit-related information regarding participants in organized wholesale electric markets to ensure that credit practices in those markets result in jurisdictional rates that are just and reasonable. Comments were received on the proposed rule through November 8, 2022. Agenda item E-3 may be an order on the proposed rule. |
| E-4 | ISO New England Inc. On July 22, 2022, ISO New England et al. filed amendments to the HVDC Transmission Operating Agreement and Schedule 20A to the ISO New England Inc. Open Access Transmission Tariff (ISO OATT) in compliance with Order Nos. 881 and 881-A, which revised the pro forma open access transmission tariff to improve the accuracy and transparency of electric transmission line ratings. Agenda item E-4 may be an order on the compliance filings. | |
| E-5 | ER22-2357-000 | ISO New England Inc. On July 12, 2022, ISO New England filed revisions to Section II of the ISO OATT to implement changes adopted in Order No. 881. Agenda item E-5 may be an order on this compliance filing. |
| E-6 | ER22-2363-000 | Midcontinent Independent System Operator, Inc. (MISO). On July 12, 2022, MISO submitted proposed revisions to its Open Access Transmission Tariff (OATT) to comply with Order. Nos. 881 and 881-A, with a requested effective date of July 11, 2025. Agenda item E-6 may be an order on this compliance filing. |
| E-7 | ER22-2161-001 | Golden Spread Electric Cooperative, Inc. On February 23, 2023, Golden Spread Electric Cooperative, Inc. submitted a request to FERC to modify the effective date of its June 22, 2022, filing (amending Golden Spread's Open Access Transmission Tariff to include a new Attachment T to comply with Order No. 881) to July 12, 2025. Agenda item E-7 may be an order on this request. |
| E-8 | ER22-2341-000 | Alabama Power Company, Georgia Power Company, and Mississippi Power Company. On July 12, 2022, Alabama Power Company, Georgia Power Company, and Mississippi Power Company (collectively, Southern Companies) filed their compliance filing with respect to FERC's Orders No. 881 and 881-A. Agenda item E-8 may be an order on Southern Companies' compliance filing. |
| E-9 | ER22-2361-000 | Puget Sound Energy, Inc. On July 12, 2022, Puget Sound Energy, Inc. (Puget Sound) filed its compliance filing with respect to FERC's Order No. 881 and 881-A. Agenda item E-9 may be an order on Puget Sound's compliance filing. |
| E-10 | ER22-2292-000 | Idaho Power Company. On July 6, 2022, Idaho Power Company (Idaho Power) filed its compliance filing with respect to FERC's Order No. 881 and 881-A. Agenda item E-10 may be an order on Idaho Power's compliance filing. |
| E-11 | ER22-2335-000 | Public Service Company of New Mexico. On July 11, 2022, Public Service Company of New Mexico filed its compliance filing with respect to FERC's Order No. 881 and 881-A. Agenda item E-11 may be an order on Public Service Company of New Mexico's compliance filing. |
| E-12 | EL23-23-001 | Coalition of Eastside Neighborhoods for Sensible Energy v. Puget Sound Energy, Inc. On May 1, 2023, the Coalition of Eastside Neighborhoods for Sensible Energy (CENSE) filed a request for clarification of FERC's Order dismissing CENSE's January 17, 2023, complaint against Puget Sound Energy, Inc. regarding its transmission planning studies. Specifically, CENSE requests clarification about who is considered a "functional entity" that, in turn, may request and obtain copies of Puget Sound's planning assessments and certain annual reports. Agenda item E-12 may be an order on CENSE's request for clarification. |
| E-13 | (not consolidated) | NextEra Energy Seabrook, LLC NECEC Transmission LLC and Avangrid, Inc. v. NextEra Energy Resources, LLC and NextEra Seabrook, LLC ISO New England Inc.
On March 23, 2023, NextEra Energy Resources, LLC and NextEra Seabrook, LLC (Seabrook) requested rehearing of the Commission's February 1, 2023, order that required Seabrook to replace the 24.5 kV generator breaker and ancillary equipment at the Seabrook Nuclear Generating Station with just compensation. On April 3, 2023, the request for hearing was denied by operation of law. In separate Docket No. EL21-94-000, on September 7, 2021, FERC instituted a show cause proceeding to determine if certain provisions of ISO New England's Transmission, Markets and Services Tariff (Tariff) are unjust and unreasonable. FERC there noted its concern that Schedule 25's definition of Affected Party and Tariff section I.3.10 may be unjust and unreasonable to the extent they may allow generating facilities and their components to be identified as facilities on which adverse impacts must be remedied before an elective transmission upgrade can interconnect to the ISO-NE transmission system, even though such generators are not subject to the Commission's open access transmission principles. Agenda item E-13 may be an order on the rehearing request and/or the show cause proceeding. |
GAS
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| G-1 | CP23-5-000 | Northern Indiana Public Service Company LLC. On October 19, 2022, Northern Indiana Public Service Company LLC (NIPSCO) submitted an application for a limited jurisdiction certificate of public convenience and necessity authorizing NIPSCO to transport and sell natural gas in interstate commerce as though it were an intrastate pipeline as defined in Section 311 of the Natural Gas Policy Act (NGPA). Agenda item G-1 may be an order on the application. |
HYDRO
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| H-1 | P-2701-065 | Erie Boulevard Hydropower, L.P. On April 17, 2023, Erie Boulevard Hydropower, L.P. submitted a request for rehearing of the Commission's March 16, 2023 "Notice of Denial of Water Quality Certification." On May 18, 2023, the request for hearing was denied by operation of law. Agenda item H-1 may be an order on the request for rehearing.
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| H-2 | P-13123-032 | Eagle Crest Energy Company. On February 14, 2023, Eagle Crest Energy Company (Eagle Crest) submitted a Request for Stay of the Commencement and Completion-of-Construction Deadlines and Request for Expedited Consideration (Request) of the Eagle Mountain Project, an unconstructed closed-loop, off-stream hydroelectric power project utilizing two existing, abandoned mine pits in the desert of the Chuckwalla Valley in Southern California. More specifically, Eagle Crest noted that since FERC's issuance of the project license, circumstances beyond its control have prevented Eagle Crest from advancing the project to construction. Agenda item H-2 may be an order on the Request. |
| H-3 | P-12715-014 | Fairlawn Hydroelectric Company, LLC. On September 20, 2022, Fairlawn Hydroelectric Company, LLC (Fairlawn), licensee of the Jennings Randolph Hydroelectric Project, P-12715 (Project), requested a stay of Article 301 of the Project license (Request). Article 301 of the license requires Fairlawn to commence construction within two years of the issuance date of the license and to complete construction within five years of issuance of the license. In the Request, Fairlawn stated that while it remains committed to completing the Project, the U.S. Army Corps of Engineers (Corps) recently notified Fairlawn that the Corps will be using Congressional appropriations provided to it in the Infrastructure Investment and Jobs Act to perform a Tainter gate rehabilitation (TGR) on the Jennings Randolph Dam. According to the Request, the TGR is necessary to address dam safety issues, and the Corps has scheduled the TGR to begin in May 2023 and be completed by December 2026. Furthermore, the Corps has determined that the construction of the Project and the TGR cannot take place simultaneously, and the TGR is priority. It, therefore, directed Fairlawn to adjust the Project construction schedule. The current deadline for commencing and completing construction are April 30, 2023, and April 30, 2026, respectively. Agenda item H-3 may be an order on the Request for stay.
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| H-4 | Hudson River-Black River Regulating District Erie Boulevard Hydropower, L.P. On January 27, 2023, Erie Boulevard Hydropower, LP (Erie), licensee of the E.J. West Project No. 2318, petitioned FERC to issue a declaratory order stating that: (1) the Federal Power Act (FPA) preempts the regulatory authority of the Hudson River - Black River Regulating District (District) to assess charges under state law to Erie for releases from the District's Great Sacandaga Lake Project No. 12252 (GSL Project), and (2) the District is precluded from materially changing its operation of the GSL Project by diverting releases around E.J. West or significantly modifying the timing of GSL Project releases without prior Commission authorization. Agenda item H-4 may be an order on the petition. | |
CERTIFICATES
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| C-1 | CP22-44-000 | Equitrans, L.P. On January 28, 2022, pursuant to section 7 of the NGA, Equitrans, L.P. submitted an application for a certificate of public convenience and necessity for the Ohio Valley Connector Expansion Project, which consists of the acquisition of the existing nonjurisdictional Cygrymus Compressor Station in Greene County, Pennsylvania, and the construction of (1) two turbines at the Cygrymus Compressor Station; (2) one additional compressor unit at the existing Corona Compressor Station Wetzel County, West Virginia; (3) one additional compressor unit at the existing Plasma Compressor Station in Monroe County, Ohio; (4) approximately 5.5 miles of pipeline in different locations related to the compressor stations; (5) one deep anode groundbed and rectifier for cathodic protection in Greene County, Pennsylvania; and (6) ancillary facilities. Agenda item C-1 may be an order on the application. |
| C-2 | Stingray Pipeline Company, L.L.C. Stingray Pipeline Company, L.L.C. On September 25, 2020, pursuant to section 7 of the NGA, Stingray Pipeline Company, L.L.C. (Stingray) submitted an abbreviated application for an order permitting and approving abandonment of offshore facilities and requesting a determination of nonjurisdictional status under CP20-528-000. The facilities will be abandoned by sale to Triton Gathering LLC, an affiliate, and are located in federal waters offshore Louisiana in the Gulf of Mexico. Separately, On December 11, 2020, pursuant to section 7 of the NGA, Stingray submitted an abbreviated application for an order permitting and approving abandonment of offshore facilities and requesting a determination of nonjurisdictional status under CP20-528-001. The facilities are referred to as Stingray's WC 509 System and are located in federal waters offshore Louisiana in the Gulf of Mexico. Agenda item C-2 may be an order on the applications. | |
| C-3 | CP16-22-007 | NEXUS Gas Transmission, LLC. On March 23, 2023, Central Land Consulting (CLC) and Robert Wensink, owner of Wensink Seed Farms, requested rehearing of the March 16, 2023, order that approved NEXUS' restoration/remediation plan of the Wensink tracts under CP16-22. On April 24, 2023, the request for rehearing was denied by operation of law. Agenda item C-3 may be an order on the rehearing request. |
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