Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on September 21, 2023, pursuant to the sunshine notice released on September 14, 2023.
In this issue…
- Electric Items
- Gas Items
- Hydro Items
- Certificate Items
Electric
E-1 – California Independent System Operator Corporation (Docket No. EL22-62-000). On July 28, 2022, the Commission issued an Order to Show Cause and instituted an investigation under Section 206 of the Federal Power Act (FPA) against the California Independent System Operator Corporation (CAISO), finding that its existing Open Access Transmission Tariff (CAISO Tariff) appears to be unjust and unreasonable because it lacks certain credit risk management practices. Amongst other things, the Commission asserted that the CAISO Tariff was unjust and unreasonable because the CAISO Tariff failed to include practices intended to ensure that market participants in CAISO's financial transmission rights market maintain sufficiency collateral to reduce risk of default and the potential mutualization of costs from any defaults are not supported by adequate collateral. On October 26, 2022, CAISO submitted a response to the Commission's July 28 Order to Show Cause. Agenda item E-1 may be an order relating to the Commission's July 28 Order to Show Cause regarding the CAISO Tariff and credit risk management policies.
E-2 – ISO New England, Inc. (Docket No. EL22-63-000). On July 28, 2022, the Commission issued an Order to Show Cause and instituted an investigation under Section 206 of the FPA against ISO New England, Inc. (ISO-NE), finding that its existing Transmission, Markets and Services Tariff (ISO-NE Tariff) appears to be unjust and unreasonable because it lacks certain credit risk management practices. Amongst other things, the Commission asserted that the ISO-NE Tariff was unjust and unreasonable because the ISO-NE Tariff failed to include practices intended to ensure that market participants in ISO-NE's financial transmission rights market maintain sufficiency collateral to reduce risk of default and the potential mutualization of costs from any defaults are not supported by adequate collateral. On October 26, 2022, ISO-NE submitted a response to the Commission's July 28 Order to Show Cause. Agenda item E-2 may be an order relating to the Commission's July 28 Order to Show Cause regarding the ISO-NE Tariff and credit risk management policies.
E-3 – New York Independent System Operator, Inc. (Docket No. EL22-64-000). On July 28, 2022, the Commission issued an Order to Show Cause and instituted an investigation under Section 206 of the FPA against New York Independent System Operator, Inc. (NYISO), finding that its existing Open Access Transmission Tariff (NYISO Tariff) appears to be unjust and unreasonable because it lacks certain credit risk management practices. Amongst other things, the Commission asserted that the NYISO Tariff was unjust and unreasonable because the NYISO Tariff failed to include practices intended to ensure that market participants in NYISO's financial transmission rights market maintain sufficiency collateral to reduce risk of default and the potential mutualization of costs from any defaults are not supported by adequate collateral. On October 26, 2022, NYISO submitted a response to the Commission's July 28 Order to Show Cause. Agenda item E-3 may be an order relating to the Commission's July 28 Order to Show Cause regarding the NYISO Tariff and credit risk management policies.
E-4 – Southwest Power Pool Inc. (Docket No. EL22-65-000). On July 28, 2022, the Commission issued an Order to Show Cause and instituted an investigation under Section 206 of the FPA against Southwest Power Pool Inc. (SPP), finding that its existing Open Access Transmission Tariff (SPP Tariff) appears to be unjust and unreasonable because it lacks certain credit risk management practices. Amongst other things, the Commission asserted that the SPP Tariff was unjust and unreasonable because the SPP Tariff failed to include practices intended to ensure that market participants in SPP's financial transmission rights market maintain sufficiency collateral to reduce risk of default and the potential mutualization of costs from any defaults are not supported by adequate collateral. On October 26, 2022, SPP submitted a response to the Commission's July 28 Order to Show Cause. Agenda item E-4 may be an order relating to the Commission's July 28 Order to Show Cause regarding the SPP Tariff and credit risk management policies.
E-5: PJM Interconnection, L.L.C. (Docket Nos. EL22-32-000, ER22-2029-000 (Consolidated), ER22-703-002, & EL22-32-001). On June 3, 2022, PJM Interconnection, L.L.C. (PJM), pursuant to section 205 of the FPA and part 35 of the Commission's regulations, filed proposed revisions to its Open Access Transmission Tariff (PJM Tariff) to modify the calculation of the Financial Transmission Right (FTR) Credit Requirement that is used to establish the amount of collateral that FTR market participants are required to provide in order to participate in PJM's FTR market. On August 2, 2022, the Commission issued an order accepting and suspending the proposed PJM Tariff revisions for a nominal period, to become effective August 3, 2022, subject to refund, and establishing paper hearing procedures to develop a further record to determine whether the proposed revisions are just and reasonable. On October 3, 2022, PJM filed a response to the Commission's August 2 Order. Agenda item E-5 may be an order relating to PJM's proposed FTR Credit Requirements under the PJM Tariff and the Commission's August 2 Order.
E-6 – Brookfield Renewable Trading and Marketing LP v. ISO New England Inc. (Docket No. EL23-89-000). On August 2, 2023, Brookfield Renewable Trading and Marketing LP (Brookfield Renewable) filed a complaint under Sections 206, 306, and 309 of the FPA against ISO-NE, asserting that the exclusion of pumped storage hydroelectric facilities that are Electric Storage Facilities (ESFs) from the Inventoried Energy Program (IEP) in Attachment K to the ISO-NE Tariff is unjust and unreasonable. On August 22, 2023, ISO-NE filed a response to Brookfield Renewable's complaint. Agenda item E-6 may be an order relating to Brookfield's complaint against ISO-NE.
E-7 – Mankato Energy Center, LLC, Mankato Energy Center II, LLC, Mankato Energy Center, LLC, Mankato Energy Center II, LLC, Mankato Energy Center, LLC; El Paso Electric Company; Fountain Valley Power, L.L.C.; Palouse Wind, LLC; SWG Arapahoe, LLC; Blue Sky West, LLC; Evergreen Wind Power II, LLC; Hancock Wind, LLC; Sunflower Wind Project, LLC; Pio Pico Energy Center, LLC; Comanche Solar PV, LLC; Goal Line L.P.; KES Kingsburg, L.P.; Mesquite Power, LLC; Valencia Power, LLC, Mankato Energy Center II, LLC (Docket Nos. ER20-2705-001; ER20-2706-001; EL21-36-000; ER10-1874-012; ER10-2721-010; ER10-2861-009; ER12-1308-012; ER13-1504-010; ER15-1471-011; ER15-1672-010 ER16-2010-005; ER16-2561-005; ER16-711-008; ER16-915-004; ER19-2287-002; ER19-2289-002; ER19-2294-002; ER19-2305-002; ER19-9-006). On January 19, 2021, El Paso Electric Company; Fountain Valley Power, L.L.C.; Palouse Wind, LLC; SWG Arapahoe, LLC; Blue Sky West, LLC; Evergreen Wind Power II, LLC; Hancock Wind, LLC; Sunflower Wind Project, LLC; Pio Pico Energy Center, LLC; Comanche Solar PV, LLC; Goal Line L.P.; KES Kingsburg, L.P.; Mesquite Power, LLC; Valencia Power, LLC, Mankato Energy Center II, LLC (collectively, the Sellers) submitted a Notice of Non-Material Change in Status (Change in Status). The Change in Status was submitted to inform the Commission inform of the acquisition of an approximately 33.3% membership interest in the general partner of IIF US Holding LP (IIF US Holding) and the general partner of IIF US Holding 2 LP (IIF US Holding 2) that occurred on December 17, 2020 pursuant to an order issued by the Commission in Docket No. EC20-94-000 (Transaction) and an internal corporate reorganization (Corporate Reorganization) subsequent to the Transaction pursuant causing the Sellers to become indirect subsidiaries of IIF US Holding 2 and IIF US Holding has ceased to exist. Agenda item E-7 likely is an order on the Change in Status filings.
E-8 – Black Hills Colorado Electric, LLC (Docket No. ER22-2306-000). On July 8, 2022, Black Hills Colorado Electric, LLC (Black Hills Colorado), in compliance with Order No. 881 issued by the Commission regarding transmission line ratings, submitted modifications to its Open Access Transmission Tariff (OATT). Black Hills Colorado's OATT modifications incorporate the new pro forma OATT Attachment M from Order No. 881 in full and with only one minor conforming change, to reiterate the effective date. Because its OATT already had an Attachment M, Black Hills Colorado proposed to incorporate the Transmission Line Rating schedule from Order No. 881 as Attachment P. Agenda item E-8 may be an order on Black Hill Colorado's compliance filing.
E-9 – Black Hills Colorado Electric, LLC; Black Hills Colorado IPP, LLC; Black Hills Colorado Wind, LLC; Black Hills Electric Generation, LLC; Black Hills Power, Inc.; Black Hills Wyoming, LLC; Cheyenne Light, Fuel and Power Company; Northern Iowa Windpower, LLC (Docket Nos. ER10-2502-010; ER11-2724-010; ER19-645-004; ER18-2518-005; ER11-4436-008; ER10-2472-009; ER10-2473-009; ER10-1529-006). On January 21, 2023, Black Hills Colorado Electric, LLC; Black Hills Colorado IPP, LLC; Black Hills Colorado Wind, LLC; Black Hills Electric Generation, LLC; Black Hills Power, Inc.; Black Hills Wyoming, LLC; Cheyenne Light, Fuel and Power Company; Northern Iowa Windpower, LLC (collectively, the Black Hills MBR Sellers) filed a Notice of Non-Material Change in Status (Change in Status) to report its affiliation with a new ultimate upstream affiliate, State Street Corporation (State Street). State Street became an ultimate upstream affiliate of the Black Hills MBR Sellers by virtue of State Street's acquisition (indirectly, in the aggregate, by various funds owned by State Street) of more than 10% of the voting securities of Black Hills Corporation, the parent company of the Black Hills MBR Sellers. Agenda item E-9 may be an order on the Black Hills MBR Sellers Change in Status filing.
E-10 – Alabama Power Company, Georgia Power Company, and Mississippi Power Company (Docket No. ER22-2341-000). On July 12, 2022, Southern Company Services, Inc., as agent for Alabama Power Company, Georgia Power Company, and Mississippi Power Company (collectively, the Southern Companies), in compliance with Order No. 881 issued by the Commission regarding transmission line ratings, submitted modifications to its Open Access Transmission Tariff (OATT). Southern Companies proposed to amend their OATT to adopt the new Transmission Line Ratings attachment required by Order No. 881 in Attachment X and providing explanations supporting some of their means of complying with certain of the Order's requirements. Agenda item E-10 may be an order on Southern Companies Order No. 881 compliance filing.
E-11 – Deseret Generation & Transmission Co-operative, Inc. (Docket No. ER22-2162-001). On June 22, 2022, Deseret Generation & Transmission Co-operative, Inc. (Deseret) submitted a compliance filing in pursuant to Order No. 881 issued by the Commission regarding transmission line ratings to include a new Attachment T to Deseret's Open Access Transmission Tariff (OATT or Tariff). Attachment T incorporated without modification the Commission's pro forma language with respect to Transmission Line Ratings. In its June 22 filing, Deseret requested an effective date of June 23, 2022, to satisfy the 120-day compliance period running from the effective date. Deseret also noted that it would take the three-year compliance period set out in Paragraph 12 of Order No. 881 to implement those Transmission Line Rating requirements. On February 3, 2023, Deseret submitted an effective date clarification filing to clarify the record, including the Commission's eTariff records, modifying Deseret's requested effective date of its June 22 to July 12, 2025. Desert proposed no changes to the Attachment T or the Table of Contents to the Tariff from the versions it filed previously. Agenda item E-11 may be an order on Deseret's original June 22 Order No. 881 compliance filing and its effective date clarification filing.
E-12 – Tucson Electric Power Company (Docket No. ER22-2348-000). On July 12, 2022, Tucson Electric Power Company (Tucson Electric), in compliance with the Commission Order No. 881 managing transmission line ratings, submitted its modifications to its Open Access Transmission Tariff (OATT) incorporating by reference, the pro forma OATT Attachment M, which Tucson Electric will incorporate as Attachment O in its OATT. Agenda item E-12 may be an order on Tucson Electric's compliance filing.
E-13 – Duke Energy Carolinas, LLC (Docket No. ER22-2352-000). On July 12, 2022, Duke Energy Carolinas, LLC (Duke Energy) submitted a filing in compliance with Order Nos. 881 and 881-A issued by the Commission. The orders revised the pro forma Open Access Transmission Tariff (OATT) under the Federal Power Act (FPA) in order to improve the accuracy and transparency of electric transmission line ratings, and consequently, required transmission providers to file the corresponding revisions to their transmission tariffs to include the new language. Duke Energy requested an effective date of July 12, 2025 for these revisions. Agenda item E-13 may be an order on the compliance filing by Duke Energy.
E-14 – Basin Electric Power Cooperative (Docket Nos. ER22-2340-000, ER22-2340-001). On July 12, 2022, Basin Electric Power Cooperative (Basin Electric) submitted a filing in compliance with Order Nos. 881 and 881-A issued by the Commission. The orders revised the pro forma OATT under the FPA in order to improve the accuracy and transparency of electric transmission line ratings, and consequently, required transmission providers to file the corresponding revisions to their transmission tariffs to include the new language. In a supplemental filing made on July 6, 2023, Basin Electric requested an effective date of July 12, 2025 for these revisions. Agenda item E-14 may be an order on the compliance filing by Basin Electric.
E-15 – UNS Electric, Inc. (Docket No. ER22-2349-000). On July 12, 2022, UNS Electric, Inc. (UNS) submitted a filing in compliance with Order Nos. 881 and 881-A issued by the Commission. The orders revised the pro forma OATT under the FPA in order to improve the accuracy and transparency of electric transmission line ratings, and consequently, required transmission providers to file the corresponding revisions to their transmission tariffs to include the new language. UNS requested an effective date of July 12, 2025 for these revisions. Agenda item E-13 may be an order on the compliance filing by UNS.
E-16 – PJM Interconnection, L.L.C. (Docket No. ER23-2327-000). On June 30, 2023, PJM Interconnection, L.L.C. (PJM) submitted a request for approval, pursuant to section 205 of the FPA, to recover penalty charges assessed by the North American Electric Reliability Corporation (NERC). The settlement agreement would resolve two self-reported violations of NERC Reliability Standards. In the request, PJM proposed to recover the $140,000 settlement between itself and ReliabilityFirst Corporation (RF), approved by the Commission in a separate proceeding, from customers under PJM OATT Schedule 9-1, as a one-time addition. PJM stated that the recovery of the penalty is consistent with the guidelines previously furnished by the Commission in 2008 relating to NERC penalty recoveries that the Commission has approved for other regional grid operators. As of January 2022, PJM replaced the prior stated-rate construct in Schedule 9 of the OATT with a new formula rate that directly passes administrative costs to its customers. Accordingly, PJM asserted that the NERC penalty recovery costs at issue in this proceeding should be deemed as “otherwise approved by” the Commission per section 1.5 of Schedule 9-1. A number of parties filed motions to intervene, and, on July 19, 2023, Public Citizen, Inc. (Public Citizen) lodged a protest of the request for approval of cost recovery. In the protest, Public Citizen alleged that PJM executives and Board of Managers should be personally responsible for the financial responsibility in paying the penalty levied by NERC. Agenda item E-16 may be an order on the PJM request for approval of cost recovery related to the settlement with RF.
E-17 – Avista Corporation (Docket No. ER22-2351-000). On July 12, 2022, Avista Corporation (Avista) submitted a filing in compliance with Order Nos. 881 and 881-A issued by the Commission. The orders revised the pro forma OATT under the FPA in order to improve the accuracy and transparency of electric transmission line ratings, and consequently, required transmission providers to file the corresponding revisions to their transmission tariffs to include the new language. Avista requested an effective date of July 12, 2025 for these revisions. Agenda item E-17 may be an order on the compliance filing by Avista.
Gas
G-1 – Panhandle Eastern Pipe Line Company, LP (Docket Nos. RP19-78-007, et al.) and Southwest Gas Storage Company (Docket Nos. RP19-257-011, et al.) (consolidated). For additional background of these proceedings, please see our previous summary here. On December 16, 2022, the Commission issued an order on the Initial Decision issued in the consolidated Panhandle and Southwest Gas proceedings (Order). On January 17, 2023, Panhandle Eastern Pipe Line Company, LP (Panhandle) sought rehearing of the Order (Panhandle Rehearing Request). In the Panhandle Rehearing Request, Panhandle asserts that the Commission erred with respect to using a 21-month period to normalize the storage gas balances under Account No. 117.2 when the Commission's regulations do not provide for such normalization. Panhandle also alleges in its Panhandle Rehearing Request that the Commission erred when it reversed the Initial Decision with respect to the AFUDC equity cost rate as well as ADIT and excess ADIT, and failed to engage in reasoned decision-making in violation of the Administrative Procedures Act when it ordered Panhandle to remove the ADIT and excess ADIT from Panhandle's equity component. Other allegations of error made by Panhandle in the Panhandle Rehearing Request relate to return on equity, depreciation rates for gas turbine engines, negative salvage rate, terminal decommissioning rate, contracts that Panhandle alleges qualify for discounted rate treatment, and storage. On January 17, 2023, the Michigan Public Service Commission (Michigan PSC) also sought rehearing of the Order (Michigan PSC Rehearing Request and, together with the Panhandle Rehearing Request, the Rehearing Requests). In the Michigan PSC Rehearing Request, the Michigan PSC erred that the Commission erred by finding in the Order that Panhandle appropriately removed its ADIT balance from its cost of service. On February 1, 2023, Ameren Illinois Company d/b/a Ameren Illinois and Union Electric Company d/b/a Ameren Missouri (jointly, Ameren) filed an answer to the Panhandle Rehearing Request, which Panhandle filed an answer opposing on February 9, 2023. On February 17, 2023, the Commission issued a notice of denial of rehearing by operation of law with respect to the Rehearing Requests while providing that the Commission would address the Rehearing Requests in a future order. Agenda item G-1 may be an order on the Rehearing Requests.
G-2 – West Texas Gulf Pipe Line Company LLC and Permian Express Partners LLC (Docket Nos. OR19-22-000, OR19-32-000) (consolidated). On April 30, 2019, West Texas Gulf Pipe Line Company LLC (West Texas Gulf) filed an application (West Texas Gulf Application) with the Commission seeking market-based rate authority for the transportation of crude oil from the Permian Basin production region to the Gulf Coast and the East Texas region surrounding Tyler, Texas, as well as for the intramarket transportation of crude oil within the destination market. On February 21, 2020, the Commission issued an order on the West Texas Gulf Application (such order, the West Texas Gulf Hearing Order). In that order, the Commission determined that West Texas Gulf lacks market power in the Permian Basin origin market. The Commission did not, however, grant West Texas Gulf market-based authority in its proposed destination markets, nor did the Commission grant market-based authority outlined by protestors. Instead, the Commission established a hearing to determine whether West Texas Gulf has the ability to exercise market power in the Gulf Coast and Tyler destination markets. On August 16, 2019, Permian Express Partners LLC filed an application (Permian Express Application) with the Commission seeking market-based rate authority for the transportation of crude oil from the Permian Basin, Fort Worth Basin, and Haynesville production regions to the Gulf Coast and the East Texas region surrounding Tyler, Texas, as well as for the intramarket transportation of crude oil within the destination and origin markets. On March 30, 2020, the Commission issued an order on the West Texas Gulf Application (such order, the Permian Express Hearing Order). In that order, the Commission determined that Permian Express lacks market power in its proposed origin markets, the Permian Basin, Fort Worth Basin, and Haynesville production areas. The Commission set for hearing, however, the issues of whether Permian Express has the ability to exercise market power in the Gulf Coast and Tyler destination markets. Although the Permian Express Application was unopposed, the Commission set the foregoing issue for hearing because these issues were already being litigated and examined in the West Texas Gulf proceeding. On April 17, 2020, the Chief Judge issued an order consolidating the West Texas Gulf and the Permian Express proceedings. On March 18, 2022, the presiding administrative law judge (Presiding ALJ) issued an initial decision (Initial Decision) concluding that both West Texas Gulf and Permian Express lack the ability to exercise market power in the Nederland and Anchorage destination markets but do possess the ability to exercise market power in the Tyler destination market. The Presiding ALJ further concluded that both West Texas Gulf and Permian Express may be granted market-based rates for their delivery points in the Nederland and Anchorage destination markets but may not be granted them in the Tyler destination market. The participants in these proceedings subsequently filed briefs on and opposing exceptions to the Initial Decision. Agenda item G-2 may be an order on the Initial Decision.
Hydro
H-1 – Aclara Meters, LLC (Docket No. P-3820-015). On May 29, 2019, Aclara Meters, LLC (Aclara) filed an application to surrender the existing license for the Somersworth Project No. 3820. In the application, Aclara stated that the costs associated with relicensing the Project and rehabilitating the penstock were prohibitive to continued commercial operation of the facility and its two dams. On July 25, 2019, New Hampshire Renewable Resources (NHRR) filed a notice of intent and pre-application document seeking the transfer of the license for the Project and resumption of hydroelectric power generation. Ultimately, NHRR withdrew the notice and pre-application. On May 22, 2023, the Commission issued an order approving the surrender of license for the Project. On June 20, 2023, American Whitewater submitted a request for rehearing of the May 22 order, alleging that the order was not in the public interest, was arbitrary and capricious, and contravened section 401 of the Clean Water Act. Agenda item H-1 may be an order on the rehearing request by American Whitewater.
Certificates
C-1 – Port Arthur LNG Phase II, LLC and PALNG Common Facilities Company, LLC (Docket No. CP20-55-000). On February 19, 2020, Port Arthur LNG Phase II, LLC and PALNG Common Facilities Company, LLC (collectively, Port Arthur LNG) filed an application (Application) seeking authorization pursuant to Section 3(a) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations, to expand the previously certificated Port Arthur Liquefaction Terminal 1 (Base Project) in Jefferson County, Texas by siting, constructing, and operating additional liquefied natural gas (LNG) facilities within the approved Base Project property (collectively, the Expansion Project). According to Port Arthur LNG, the Expansion Project would increase the Base Project's total liquefaction capacity from 13.46 MTPA to 26.92 MTPA. On January 15, 2021, Commission staff issued an Environmental Assessment (EA), concluding that approval of the Expansion Project would not constitute a major federal action significantly affecting the quality of the environment and recommending that the Commission order include the mitigation measures set forth therein as conditions to any NGA Section 3 authorization the Commission may issue to Port Arthur LNG. On January 27, 2023, the Commission issued a notice that it planned to prepare a supplemental EA for the Expansion Project that would tier off the Commission staff's January 15, 2021 EA and its findings and conclusions for the Project, and respond to comments filed on the EA. On April 28, 2023, Commission staff issued a supplemental EA (Supplemental EA) for the Expansion Project. Commission staff concluded in the Supplemental EA that approval of the Port Arthur LNG Expansion Project, with the mitigation measures recommended in the Supplemental EA, 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 Application.
C-2 – Venture Global Calcasieu Pass, LLC (Docket No. CP22-25-000). On December 3, 2021, Venture Global Calcasieu Pass, LLC (Calcasieu Pass) filed an application (Application) with the Commission seeking authorization under Section 3 of the Natural Gas Act (NGA) to increase the Calcasieu Pass LNG Export Terminal Project's (Export Terminal) authorized export capacity achievable under optimal conditions from 12.0 metric tons per annum (MTPA) to 12.4 MTPA of liquefied natural gas (LNG) – or from approximately 620 billion cubic feet (Bcf) to approximately 640.7 Bcf per year (gas equivalence). According to Calcasieu Pass, this proposed increase in the export capacity is based on updated engineering and vendor data, reflecting actual equipment performance, and does not involve the construction of any new facilities, any modification of the previously authorized facilities, or the disturbance of any land. Commission staff issued an environmental assessment (EA) for the proposed increase on August 5, 2022. Commission staff concluded in the EA that if Calcasieu Pass operates the proposed increase in export capacity in accordance with the Application and Calcasieu Pass's supplements thereto, that approval of the Application would not constitute a major federal action significantly affecting the quality of the human environment. Commission staff therefore recommended in the EA that any authorization the Commission may issue contain a finding of no significant impact and include certain mitigation measures listed in the EA as conditions thereto. Agenda item C-2 may be an order on the Application.
C-3 – OMITTED.
C-4 – Northern Natural Gas Company (Docket No. CP22-138-000). On March 28, 2022, Northern Natural Gas Company (Northern) filed an abbreviated application (Application) pursuant to Sections 7(b) and 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations, seeking authorization to abandon, construct, and operate certain interstate natural gas facilities as part of the Northern Lights 2023 Expansion Project in Freeborn, Washington, Scott, Sherburne, and Stearns Counties, Minnesota and Monroe County, Wisconsin. Specifically, the Northern Lights 2023 Expansion Project consists of: (i) the construction of six new pipeline segments (four pipeline extensions and two pipeline loops) in Freeborn, Washington, Scott, Sherburne, and Stearns Counties, Minnesota and Monroe County, Wisconsin, totaling 9.8 miles of new pipeline with diameters ranging in size from four to 36 inches; (ii) the construction of four new valve settings and modifications at six existing aboveground facilities; and the abandonment and removal of two existing valve settings. Commission staff issued a draft environmental impact statement (EIS) on October 14, 2022 and a final EIS on March 10, 2023. Commission staff concluded in the final EIS that effects from the Northern Lights 2023 Expansion Project, with implementation of Northern's impact avoidance, minimization, and mitigation measures, as well as adherence to Commission staff's recommendations, would be reduced to less than significant levels, except for climate change impacts, which are not characterized in the final EIS as significant or insignificant. Agenda item C-4 may be an order on the Application.
C-5 – Texas Eastern Transmission, LP (Docket No. CP22-15-000). On November 10, 2021, Texas Eastern Transmission, LP (Texas Eastern) filed an application (Application) seeking authorization under Sections 7(b) and 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations to construct and operate certain natural gas facilities in Louisiana (the Venice Extension Project). Specifically, the Venice Extension Project consists of: (i) construction of a new pipeline segment; (ii) abandonment of an existing pipeline segment; (iii) construction of a new compressor station and metering and regulating (M&R) facilities; (iv) modifications and upgrades at two existing compressor stations; and (v) upgrades at one M&R facility in Pointe Coupee, Iberville, Lafourche, and Plaquemines parishes, Louisiana. According to Texas Eastern, the Venice Extension Project is intended to provide up to 1,260,000 dekatherms per day on Texas Eastern's Line 40 to an interconnection with Venture Global Gator Express, LLC, with ultimate delivery to the Venture Global Plaquemines LNG Terminal under development in Plaquemines Parish, Louisiana. Commission staff issued a draft environmental impact statement (EIS) on September 16, 2022 and a final EIS on February 17, 2023. Commission staff concluded in the final EIS that construction and operation of the Venice Extension Project, with the mitigation measures recommended in the final EIS, would not result in any adverse environmental impacts, with the exception of climate change (which the final EIS did not characterize as significant or insignificant). Agenda item C-5 may be an order on the Application.
C-6 – Rio Grande LNG, LLC and Rio Bravo Pipeline Company, LLC (Docket Nos. CP16-454-006, CP16-455-003, and CP20-481-001). For additional background of this proceeding, please see our previous summary here. On April 21, 2023, the Commission issued an order addressing the Remand Order and granting the Amendment Application (Amendment Order). On May 22, 2023, Vecinos para el Bienestar de la Comunidad Costera, Sierra Club, City of Port Isabel, and the Carrizo/Comecrudo Tribe of Texas (collectively, Rehearing Movants) filed for rehearing of the Amendment Order (Rehearing Request), which Rio Grande LNG, LLC and Rio Bravo Pipeline Company, LLC answered on June 6, 2023. On June 22, 2023, the Commission issued a notice of denial of rehearing by operation of law with respect to the Rehearing Request while providing that the Commission would address the Rehearing Request in a future order. On July 10, 2023, the parties seeking the Rehearing Request sought review of the Amendment Order in the D.C. Circuit. Agenda item C-6 may be an order on the Rehearing Request.
C-7 – Texas LNG Brownsville LLC (Docket No. CP16-116-003). For additional background of this proceeding, please see our previous summary here. On April 21, 2023, the Commission issued an order addressing the Remand Order (Order). On May 22, 2023, Vecinos para el Bienestar de la Comunidad Costera, Sierra Club, City of Port Isabel, and the Carrizo/Comecrudo Tribe of Texas (collectively, Rehearing Movants) filed for rehearing of the Order (Rehearing Request), which Texas LNG Brownsville LLC answered on June 6, 2023. On June 22, 2023, the Commission issued a notice of denial of rehearing by operation of law with respect to the Rehearing Request while providing that the Commission would address the Rehearing Request in a future order. On July 10, 2023, the parties seeking the Rehearing Request sought review of the Amendment Order in the D.C. Circuit. Agenda item C-7 may be an order on the Rehearing Request.
White & Case means the international legal practice comprising White & Case LLP, a New York State registered limited liability partnership, White & Case LLP, a limited liability partnership incorporated under English law and all other affiliated partnerships, companies and entities.
This article is prepared for the general information of interested persons. It is not, and does not attempt to be, comprehensive in nature. Due to the general nature of its content, it should not be regarded as legal advice.
© 2023 White & Case LLP
