FERC Meeting Agenda Summaries for April 2024

Midcontinent Independent System Operator, Inc.

On February 26, 2024, the American Clean Power Association, the American Council on Renewable Energy, the Solar Energy Industries Association, and Clean Grid Alliance submitted a joint request for rehearing of a Commission order accepting the Midcontinent Independent System Operator, Inc.'s (MISO) proposal to adopt an automatic withdrawal penalty associated with interconnection request withdrawals. The request for rehearing was denied by operation of law on March 22, 2024. Agenda item E-1 may be an order on this rehearing request.

California Independent System Operator Corporation

On February 9, 2024, the California Independent System Operator (CAISO) submitted a proposed tariff amendment to update the level of the capacity procurement mechanism (CPM) soft offer cap. In particular, CAISO proposes to increase the CPM soft offer cap from $6.31/kw-month to $7.34/kw-month. According to CAISO, the higher CPM soft offer cap will better reflect inflation, labor rates, and higher bilateral capacity prices in recent years. CAISO intends to implement the tariff revisions by June 1, 2024, and, as such, requested the Commission issue an order on this filing by May 1, 2024. Accordingly, Agenda item E-2 is likely an order on CAISO's tariff amendment filing.

Moscow Development Company, LLC

On February 14, 2024, Moscow Development Company, LLC (MDC) requested a waiver of Section 3.4 of Schedule 22 of the ISO New England Inc. (ISO-NE) Open Access Transmission Tariff (OATT), which concerns allowing ISO-NE to return unspent Interconnection Request Deposit funds, in relation to its Radar Solar project. Agenda item E-3 is likely an order on MDC's waiver request.

RM05-5-031

Standards for Business Practices and Communication Protocols for Public Utilities

This is likely a new docket to consider new standards for business practices and communication protocols for public utilities.

Algonquin Gas Transmission, LLC

On March 6, 2024, Algonquin Gas Transmission, LLC (Algonquin) submitted a Settlement Extension Agreement addressing the extension of, and a conforming modification to, the Stipulation and Agreement approved by the Commission in Docket No. RP13-1040-000 in early 2014. Together with subsequent extension agreements, the Stipulation and Agreement establishes the allocation of fuel use and lost and unaccounted for gas among Algonquin's customers during the term of the settlement. The filed Settlement Extension Agreement would extend the term of the settlement for three years. With its filing, Algonquin requested the Commission grant expedited treatment for its review of the Settlement Extension Agreement, with a shortened procedural schedule for comments and interventions. Agenda item G-1 may be an order on Algonquin's request.

Public Utility District No. 1 of Chelan County, Washington

On February 9, 2024, the Public Utility District No. 1 of Chelan County, Washington (Chelan PUD) filed with the Commission an application for approval of a contract for the sale of power from its licensed Rock Island Hydroelectric Project No. 943 for a period beyond the expiration of its existing license for the project. The project is located on the Columbia River in Chelan and Douglas Counties, Washington. According to the Commission's notice, Section 22 of the Federal Power Act, 16 U.S.C. 815, provides that contracts for the sale and delivery of power for periods extending beyond the termination date of a license may be entered into upon the joint approval of the Commission and the appropriate state public service commission or other similar authority in the state in which the sale or delivery of power is made. Agenda item H-1 could be an order on Chelan PUD's application.

Cabin Run Pumped Storage, LLC

On July 12, 2023, Rye Development, LLC on behalf of Cabin Run Pumped Storage, LLC (Cabin Run Pumped Storage) applied for a Preliminary Permit for the Cabin Run Pumped Storage project under section 4(f) of the Federal Power Act (FPA). The project is located near the Stony River and the unincorporated community of Bismark in Tucker and Grant Counties, West Virginia. Agenda item H-2 could be an order on Cabin Run Pumped Storage's application.

Pumped Hydro Storage LLC

On March 12, 2020, Pumped Hydro Storage LLC submitted an application for a Preliminary Permit for the proposed Navajo Nation Big Canyon Pumped Storage Project under section 4(f) of the FPA. The proposed project is a 3,600 MW PSP located about 23 miles west of Tuba City, Arizona. The project is entirely on Navajo Nation land, and the project is a closed-loop pumped storage project. Agenda item H-3 could be an order on Pumped Hydro Storage LLC's application.

El Paso Natural Gas Company, L.L.C.

On September 22, 2023, El Paso Natural Gas Company, L.L.C. (EP Natural Gas Co.) filed a Prior Notice request to construct, install, operate and maintain an approximate two-mile 30-inch outside diameter pipeline loop extension located in Hudspeth County, Texas. Several parties intervened and the Office of Energy Projects (OEP) has issued data requests and prepared an environmental assessment (EA). On February 14, 2024, OEP issued a supplemental EA. Agenda item C-1 may be an order on El Paso Natural Gas Company's request.

Florida Gas Transmission Company, LLC

On June 2, 2023, Florida Gas Transmission Company, LLC (Florida Gas Transmission) filed an application for a certificate of public convenience and necessity to increase certified capacity in areas of Louisiana for the South Louisiana Project. OEP issued an EA on December 15, 2023. Agenda item C-2 may be an order on Florida Gas Transmission's application.

Cove Point LNG, LP

On September 8, 2023, Cove Point LNG, LP (CPL) submitted an abbreviated application for a certificate of public convenience and necessity requesting that the Commission change the jurisdictional basis and scope of its regulation of certain liquefied natural gas (LNG) terminal facilities at CPL's existing LNG terminal in Calvert County, Maryland. The request follows the recent termination of CPL's 20-year LNG import service contracts under its Rate Schedule LTD-1 and would bring the Commission's regulation of the CPL Terminal facilities into conformity with the Commission's current policies regarding its regulation of LNG terminal facilities exclusively under the Natural Gas Act Section 3(a) rather than Section 7(b). On September 22, 2023, FERC staff published an Environmental Assessment Report which documented that no environmental review is necessary because CPL does not propose to construct any new facilities or to modify any facilities or operations. Agenda item C-3 may be an order on CPL's application.

Mountain Valley Pipeline, LLC

On November 6, 2018, Mountain Valley Pipeline, LLC (Mountain Valley) applied for a certificate of public convenience and necessity authorizing construction of a 75-mile natural gas pipeline extension project (Southgate Project). The Commission approved the application on June 18, 2020, allotting Mountain Valley three years (until June 18, 2023) to obtain other necessary federal approvals and complete construction. On June 3, 2023, President Biden signed into law the "Fiscal Responsibility Act of 2023" which, among other things, ratified and approved all federal authorizations for the Southgate Project. Soon after, Mountain Valley applied for an additional three-year extension to complete the project, which the Commission approved on December 19, 2023 (Extension Order). Several parties filed a request for rehearing of the Extension Order, arguing in part that Mountain Valley's public statements indicate that it does not intend to proceed with the Southgate Project and the Commission should therefore abrogate the extension order. Agenda item C-4 may be an order on the request for rehearing.

Great Basin Gas Transmission Company

On May 1, 2023, the Great Basin Gas Transmission Company (Great Basin) filed an application for a certificate of public convenience and necessity to authorize abandonment, construction, and operation of Great Basin's 2024 expansion project (the Project). The Project would provide 5,674 dekatherms per day of incremental firm transportation service to meet the growth requirements of two existing firm transportation shippers and would involve construction of approximately 3.41 miles of upsized or looped pipeline in three segments along Great Basin's Carson and South Tahoe Laterals. On November 23, 2023, FERC staff published an Environmental Assessment Report concluding that the Project would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-5 may be an order on Great Basin's application.