These are summaries of orders voted by the Federal Energy Regulatory Commission at its October 15, 2020 public meeting. The summaries are produced by FERC’s Office of External Affairs and are intended to provide only a general synopsis of the orders. These summaries are not intended as a substitute for the Commission’s official orders. To determine the specific actions and the Commission’s reasoning, please consult the individual orders when they are posted to FERC’s eLibrary found at www.ferc.gov


M-1- Press Release

FERC proposes a rule
E-1, Fuel Cell Thermal Energy Output, Docket Nos. RM21-2-000 and RM20-20-000. This proposed rule would amend the definition of useful thermal energy output, by revising section 292.202(h) of regulations under the Public Utility Regulatory Policies Act of 1978, to clarify that the thermal energy produced by a Solid Oxide Fuel Cell with an integrated steam hydrocarbon reformation process that reforms methane and produces hydrogen is useful thermal energy that would enable an installation powered by such fuel cells to be certified as a cogeneration qualifying facility.

 

FERC authorizes a merger
E-2, NextEra Energy Inc., Docket No. EC20-60-000. The order authorizes an application for approval of an internal reorganization under which Gulf Power Company (Gulf Power) will merge into Florida Power & Light Company (FPL).  The order approves the transaction as consistent with the public interest. 

 

FERC accepts tariff revisions
E-3, Florida Power & Light Company, ER20-1741-000.  The order accepts revisions to FPL’s Open Access Transmission Tariff (OATT) to facilitate the merger of Gulf Power into FPL.  The order also grants waiver of 18 C.F.R. § 35.28 to allow Gulf Power and FPL to maintain separate OATTs for one year after the merger. 

 

FERC accepts tariff revisions
E-4, Gulf Power Company, ER20-1743-000.  The order accepts revisions to Gulf Power’s OATT to facilitate the merger of Gulf Power into FPL. The order also grants waiver of 18 C.F.R. §  35.28 to allow Gulf Power and FPL to maintain separate OATTs for one year after the merger. 

 

FERC proposes a rule
E-5, WECC Regional Reliability Standard BAL-002-WECC-3 (Contingency Reserve), Docket No. RM19-20-000.  This Notice of Proposed Rulemaking (NOPR) proposes to approve regional Reliability Standard BAL-002-WECC-3 that eliminates Requirement R2 from the currently-effective version.  Requirement R2 was made redundant by continent-wide Reliability Standard BAL-003-1.1 (Frequency Response and Frequency Bias Setting) and is supported by results of field tests assessing the potential impact of the retirement of Requirement R2 on contingency reserves in the Western Interconnection.  However, to ensure that the adequacy of contingency reserves in the Western Interconnection is maintained, the NOPR proposes to monitor the potential impacts of retiring Requirement R2.  Therefore, the NOPR proposes to direct NERC and WECC to submit an informational filing twenty-seven months following implementation of regional Reliability Standard BAL-002-WECC-3 that addresses the adequacy of contingency reserves in the Western Interconnection.

 

FERC accepts a tariff revision
E-6PJM Interconnection, L.L.C., Docket Nos. EL20-1783-000, 001.  The order accepts   tariff revisions to PJM’s tariff proposed by PJM on behalf of NextEra Energy Transmission MidAtlantic Indiana, Inc. (NEET MidAtlantic Indiana) to accommodate NEET MidAtlantic Indiana’s acquisition of certain transmission facilities from Commonwealth Edison Company of Indiana, Inc.  The order also grants NEET MidAtlantic Indiana’s requests to modify the timing in which it will cease booking charges to the regulatory asset and begin amortization of the regulatory asset and the amortization period of the regulatory asset for NEET MidAtlantic Indiana’s prudently incurred pre-commercial and formation costs.  The order also denies NEET MidAtlantic Indiana’s request for preapproval to establish a regulatory asset for certain transaction costs. 

 

FERC denies request for waiver
E-7, Pacific Gas and Electric Company, Docket No. ER20-1795-000.  The order denies a request by Pacific Gas and Electric Company for waiver of California Independent System Operator Corporation’s tariff provision that sets a 172-day time limit for the submission of corrected meter data.

 

FERC dismisses waiver as moot  
E-8, Borrego Solar Systems, Inc., Docket No. ER20-1728-000.  The order dismisses as moot a request for waiver by Borrego Solar Systems, Inc. (Borrego) of California Independent System Operator Corporation’s (CAISO) tariff.  Borrego sought a waiver to correct its application beyond the application deadline so that CAISO could include two storage projects in the 2020 transmission interconnection cluster study.  CAISO began the 2020 transmission interconnection cluster study in July 2020, rendering Borrego’s request for waiver moot.

 

FERC dismisses request for waiver
E-9, Mariposa Energy, LLC, Docket No. ER20-1642-000.  The order dismisses as moot a request for waiver by Mariposa Energy, LLC (Mariposa) of California Independent System Operator Corporation’s (CAISO) tariff deadline for submission of an interconnection study deposit to join CAISO’s Cluster 13 interconnection study.  The CAISO tariff required that Mariposa needed to complete the payment process by April 15, 2020 and cure any deficiencies in its application by June 30, 2020.  The order finds that the waiver request is moot because both deadlines have passed.

 

FERC grants request for waiver
E-10, Sunflower Power Electric Corporation, Docket No. ER20-1314-000.  The order grants Sunflower Electric’s request for waiver of Attachment Y, section IV of Southwest Power Pool, Inc.’s (SPP) tariff, which describes the acceptance process for a notification to construct network upgrades from SPP. 

 

FERC addresses arguments raised on rehearing
E-11, Midcontinent Independent System Operator, Inc., Docket Nos. ER20-1078-001, et al.  The order on rehearing addresses requests for rehearing arising from a finding made in each of three underlying orders.  In the underlying filings, the Ameren Companies proposed revisions to each of their formula transmission rate templates in the MISO tariff to modify inputs associated with Materials and Supplies after Commission precedent established the correct method to account for these costs on FERC Form 1.  In the underlying orders,  the Commission accepted the Ameren Companies’ proposed formula rate revisions, but denied the Ameren Companies’ requests to apply the revisions retroactively through true-up mechanisms for past rate years.  In response to the requests for rehearing, the order modifies the discussion in the underlying orders, and continues to reach the same result.

 

FERC addresses arguments raised on rehearing
E-12, Midcontinent Independent System Operator, Inc., Docket No. ER20-942-001, et al. The order modifies and sets aside, in part, the Commission’s June 30, 2020 order finding Midcontinent Independent System Operator, Inc. and PJM Interconnection, L.L.C. partially complied with the requirements of a September 19, 2019 order regarding Affected System generator interconnection coordination procedures.

 

FERC addresses arguments raised on rehearing
E-13, Midcontinent Independent System Operator, Inc., Docket No. ER20-938-002, et al. The order modifies and sets aside, in part, the Commission’s June 30, 2020 order finding Midcontinent Independent System Operator, Inc.  and Southwest Power Pool, Inc. partially complied with the requirements of a September 19, 2019 order regarding Affected System generator interconnection coordination procedures.

 

FERC addresses arguments raised on rehearing
E-14, Midcontinent Independent System Operator, Inc., Docket No. ER20-359-003. The order addresses arguments raised on rehearing of the Commission’s April 27, 2020 order, which accepted proposed revisions proposed by MISO to its Open Access Transmission, Energy and Operating Reserve Markets Tariff to implement a new pro forma Facilities Service Agreement.  This order modifies the discussion of the Tariff Order and sustains the result.  

 

FERC declines to require resettlement and refunds
E-15, Midcontinent Independent System Operator, Inc., Docket No. ER18-1611-000.  Midcontinent Independent System Operator, Inc. (MISO) submitted a request for waiver of certain provisions of its tariff to avoid resettling certain make-whole payments back to January 6, 2009.  In the alternative, MISO asked the Commission to exercise its remedial discretion to not require resettlement and refunds.  The order grants MISO’s alternative request and declines to require resettlement and refunds.

 

FERC grants a waiver
E-16, Public Service Electric and Gas Company, Docket No. ER20-1812-000.  The order grants Public Service Electric and Gas Company’s (PSE&G) and PECO Energy Company’s (PECO) joint request for a limited waiver of certain charges in PSE&G’s Tariff No. 111, an agreement between PSE&G and PECO regarding services for the ultimate use of Amtrak, due to a COVID-19 related extended maintenance outage of a frequency converter.   

 

FERC grants a waiver
E-17, Upstream Wind Energy LLC, Docket No. ER20-2343-000.  The order grants Upstream Wind Energy LLC’s request for waiver of the settlement statement dispute deadline in Southwest Power Pool, Inc.’s (SPP) tariff to permit SPP to correct certain settlement statements and invoices that were based on incorrect meter data, consistent with Attachment AE, section 10.1.1(3)(a) of SPP’s tariff, that provides that SPP will resettle operating days as required by Commission or court order. 

 

FERC dismisses a waiver request
E-18, Vineyard Wind LLC, Docket No. ER19-570-000.  The order dismisses as moot Vineyard Wind LLC’s (Vineyard Wind) request for waiver of various sections of the ISO New England Inc. Transmission, Markets and Services Tariff in order to participate in the 13th Forward Capacity Auction (FCA 13).  Vineyard Wind sought waiver of the sections that govern the proration of Renewable Technology Resource (RTR) qualified capacity when the total RTR qualified capacity exceeds the RTR cap for the applicable Forward Capacity Auction and establish deadlines related to qualifying for RTR status.  The order finds that because FCA 13 proceeded as scheduled on February 4, 2019, the waiver request is moot.

 

FERC accepts proposed tariff revisions and directs further compliance filing
E-19, Nevada Power Company, Docket No. ER19-1904-001.  The order finds that Nevada Power Company and Sierra Pacific Power Company’s (together, NV Energy) proposed revisions to their joint Open Access Transmission Tariff partially comply with the requirements of Order Nos. 845 and 845-A and the order on compliance issued on March 19, 2020.  The order accepts NV Energy’s compliance filing and directs NV Energy to submit a further compliance filing.  

 

FERC dismisses in part and grants in part request for waiver
E-20, Upper Missouri G. & T. Cooperative, Inc., Docket Nos. ER19-2821-000 & TS19-4-000.  The order dismisses Upper Missouri’s request for waiver of the requirements to file an Open Access Transmission Tariff and to establish and maintain an Open Access Same-Time Information System, and grants the request for waiver to comply with the Commission’s Standards of Conduct requirements. 

 

FERC addresses arguments on rehearing
E-21, AMP Transmission, LLC, Docket No. TS19-1-001.  The order addresses AMPT’s request for rehearing of the Commission’s March 25, 2020 order denying AMPT’s request for waiver of Open Access Same-Time Information System and Standards of Conduct requirements.  In response to the requests for rehearing, the order modifies the discussion in the underlying order, and continues to reach the same result.

 

FERC approves a settlement
E-22Black Hills Wyoming, LLC, Docket No. ER19-2529-003. The order approves a settlement that addresses issues related to an affiliate transaction between Cheyenne Light, Fuel and Power Company and Black Hills Wyoming, LLC.

 

FERC grants a filing
E-23, California Independent System Operator Corporation, Docket No. ER20-2604-000.  This letter order grants CAISO’s petition seeking Commission approval to distribute the penalty proceeds collected for violations of CAISO’s Rules of Conduct and certain non-refundable study deposits stemming from interconnection projects.  

 

FERC sets a complaint for hearing and settlement judge procedures
E-24, PP&L Industrial Customer Alliance v. PPL Electric Utilities Corporation, Docket No. EL20-48-000. The order addresses a complaint alleging that PPL Electric Utilities Corporation’s exiting return on equity is unjust and unreasonable.  The order sets the complaint for hearing and settlement judge procedures.

 

FERC addresses arguments on rehearing
E-25, New York State Public Service Commission and New York State Energy Research and Development Authority v. New York Independent System Operator, Inc., Docket No. EL19-86-001.  The order, addressing arguments raised on rehearing of the Commission’s February 19, 2020 order, continues to find that Complainants failed to show that applying buyer-side market power mitigation to electric storage resources in NYISO is unjust and unreasonable or unduly discriminatory or preferential.  Additionally, the order continues to find that such mitigation does not inappropriately intrude on New York’s jurisdiction.

 

FERC addresses arguments on rehearing
E-26, National Railroad Passenger Corporation v. PPL Electric Utilities Corporation and PJM Interconnection, L.L.C., Docket No. EL19-78-001.  The order addresses a request for rehearing filed by National Railroad Passenger Corporation (Amtrak) of the Commission’s order denying Amtrak’s complaint.  The order continues to find that Amtrak has not satisfied its burden under section 206 of the Federal Power Act to show that PPL-related charges for Network Integration Transmission Service  are unjust, unreasonable, and unduly discriminatory or preferential. 

 

FERC addresses arguments on rehearing
E-27, Public Service Company of Colorado, Docket No. EL20-14-001. The order addresses arguments raised on rehearing by the Holy Cross Electric Association, Inc. (Holy Cross) in response to the Commission’s March 31, 2020 order granting PSCo’s petition for declaratory order.  The order sustains the Commission’s determination to grant PSCo’s petition and continues to find that, under the terms of certain transmission and power supply agreements between the parties, Holy Cross is not entitled to firm transmission service to deliver energy purchased by Holy Cross from certain third-party suppliers. 

 

FERC reverses, in part, and affirms, in part, an Initial Decision
E-28, Pacific Gas & Electric Company, Docket No. ER16-2320-002.  The order reverses, in part (on the cost of long-term debt, depreciation, and certain miscellaneous issues) and otherwise affirms, in part, the Initial Decision that addressed the rates proposed by PG&E in its Transmission Owner Tariff (TO18) filing.  The order directs further briefing regarding PG&E’s return on equity and a further compliance filing revising its TO18 rates.   

 

FERC accepts, in part, a compliance filing; addresses arguments raised on rehearing
E-29, Calpine Corp., et al. v.  PJM Interconnection, L.L.C., Docket No. EL16-49-003, et al.  The order accepts, in part, and rejects, in part, PJM’s compliance filing proposing tariff revisions in response to the Commission’s December 2019 Minimum Offer Price Rule replacement rate order and the April 2020 rehearing order.  The order also acts on rehearing requests filed regarding the April 2020 rehearing order by setting aside that order, in part, as it relates to state-directed default service auctions.

 

FERC proposes a policy statement
G-1, Oil Pipeline Affiliate Contracts, Docket No. PL21-1-000.  The proposed policy statement seeks comments on proposed guidance for interstate oil pipelines proposing rates and terms of service pertaining to contracts exclusively with their affiliates (Affiliate Contracts) in tariff filings and petitions for declaratory order.  The proposed policy statement outlines methods that could be used to demonstrate that proposed rates and terms pursuant to Affiliate Contracts are just, reasonable and not unduly discriminatory under the Interstate Commerce Act. 

 

FERC grants request for waiver
G-2, Columbia Gas Transmission, LLC, Docket No. RP20-667-000.  The order grants Columbia Gas Transmission, LLC’s request for waiver of section VII.4.1(a) of the General Terms and Conditions of its tariff that details the posting and bidding timeline and other related requirements pertaining to the right of first refusal process.    

 

FERC grants complaints
G-3, Alliance for Open Markets et al. v. Northern Border Pipeline Company, Docket Nos. RP20-745-000 and RP20-767-000.  The order addresses complaints challenging Northern Border Pipeline’s award of capacity to an affiliated shipper through pre-arranged deals following an open season.  The order grants the complaints and directs Northern Border to file tariff revisions and to refrain from making similar, discriminatory awards of capacity in the future.  The order also rescinds the pre-arranged deals and the capacity award and directs Northern Border to hold a new open season without a pre-arranged shipper in a manner consistent with Commission policy.

 

FERC grants request for waiver
G-4, Southern Star Central Gas Pipeline, Inc., Docket No. RP20-777-000.  The order grants Southern Star’s request for waiver of section 6.2 of the General Terms and Conditions of its tariff that specifies the posting and bidding timeline and other related requirements pertaining to the right of first refusal procedures to permit the pre-granted abandonment of services under a contract. 

 

FERC addresses arguments on rehearing
G-5, Gulf South Pipeline Company, LLC, Docket No. RP20-913-001.  The order addresses arguments raised on rehearing by BP Energy Company and Shell Energy North America (US), L.P. challenging the Commission’s June 30, 2020 order accepting a change in Gulf South’s tariff to require that a shipper’s request to change primary receipt and/or delivery points under an existing firm service agreement must be effective through the end of the current term of such agreement.  The order modifies the discussion in the underlying order and continues to reach the same result.

 

FERC sets aside prior order
H-1, United Water Conservation District, Project No. 2153-067.  The order sets aside Commission staff’s April 27, 2020 order modifying and approving United Water Conservation District’s Habitat Improvement Plan for the Santa Felicia Project No. 2153 in Ventura County, California.  The order finds that the underlying order erred in granting authority to the licensee to implement the Habitat Improvement Plan prior to receiving the National Marine Fisheries Service’s formal agreement.  However, the order reviews and finds no error in the determinations made in the underlying order.

 

FERC grants a preliminary permit and grants priority to file license application
H-2, Warrior Hydro, LLC, Project No. 15022-000. The order issues a preliminary permit to Warrior for the proposed 9.2-megawatt Oliver Hydroelectric Project to be located at the Army Corps of Engineers’ William Bacon Oliver Lock and Dam on the Black Warrior River in Tuscaloosa County, Alabama.  The order dismisses as premature the City of Tuscaloosa’s concerns related to the proposed project’s potential effects on the City’s Riverwalk expansion as the purpose of a preliminary permit is to secure the permit holder’s priority for application to license a hydropower development while it studies the feasibility of the project, including studying potential impacts.  

 

FERC addresses arguments on rehearing
H-3, KEI (Maine) Power Management (III) LLC, Project No. 2808-018. The order addresses licensee KEI (Maine)’s arguments on rehearing and sustains the result reached in the license order with respect to the relicensing of the Barker’s Mill Hydroelectric Project No. 2808, located on the Little Androscoggin River, in the City of Auburn, Androscoggin County, Maine.

 

FERC authorizes, with modification, non-project use permit
H-4, FirstLight CT Housatonic LLC, Project No. 2576-187. The order approves, with modifications, the application for non-project use authorization filed by FirstLight, the licensee for the Housatonic River Hydroelectric Project No. 2576, to permit Candlewood Isle Association Inc. to install additional docks and boat slips at its existing facilities on Candlewood Lake, one of the project’s reservoirs, located in New Fairfield, Connecticut.  The order addresses comments regarding the proposed increase in watercraft capacity, boater safety and overcrowding, water and noise pollution, impacts to wildlife, individual property rights and the appropriateness of one of the proposed facility locations.

 

FERC denies stay and request for extension of time
H-5, Boyce Hydro Power, LLC, Project Nos. 2785-100, 10809-048 and 10810-054.  The order denies Boyce Hydro’s motion for stay, and in the alternative, a request for an extension of time, with respect to orders requiring Boyce Hydro to comply with dam safety directives and perform environmental surveys under the Endangered Species Act at its Secord, Smallwood, and Sanford Hydroelectric projects, located on the Tittabawassee River in Gladwin and Midland counties, Michigan.  

 

FERC authorizes a certificate of public convenience and necessity
C-1, Texas Eastern Transmission, LP, Docket No. CP20-30-000.  The order authorizes Texas Eastern to construct and operate pipeline facilities, a new metering and regulating station and associated facilities in Middlesex County, New Jersey (Middlesex Extension Project).  The project is designed to provide up to 264,000 dekatherms per day of firm natural gas transportation service to interconnections with Transcontinental Gas Pipe Line Company, LLC’s mainline system and Transco’s existing Woodbridge Lateral for ultimate delivery to the natural gas-fired Woodbridge Energy Center owned by CPV Shore Holdings, LLC (CPV) in Woodbridge Township, New Jersey. The project will provide the Woodbridge Energy Center with an alternative transportation path for CPV to access lower-cost natural gas during periods of peak electric demand but will not increase the Woodbridge Energy Center’s existing level of natural gas usage.

 

FERC amends a certificate authorization
C-2, Port Arthur Pipeline, LLC, Docket No. CP20-21-000. The order approves Port Arthur Pipeline’s application filed under section 7(c) of the Natural Gas Act to amend its certificate of public convenience and necessity issued on April 18, 2019 in Docket No. CP18-7-000 that authorized the construction and operation of the Louisiana Connector Project. Port Arthur Pipeline proposes to add three new interconnections and relocate the site of the approved compressor station and interconnection. 

 

FERC authorizes amendment to certificate of public convenience and necessity
C-3, ANR Pipeline Company, Docket No. CP20-1-001.  The order grants ANR Pipeline’s request to amend its March 19, 2020 certificate and authorizes ANR to amend the open season procedures in its lease agreement with affiliate Mid Michigan for base gas in five previously acquired storage fields.

 

FERC authorizes interstate natural gas infrastructure, addresses arguments on rehearing
C-4, Double E Pipeline, LLC, Docket Nos. CP19-495-000, CP19-495-001.  The order authorizes the construction and operation of Double E’s 132.9-mile-long interstate pipeline Double E Pipeline Project that is designed to provide up to approximately 1.35 million dekatherms per day of firm transportation service from the Delaware Basin production\n area in southeast New Mexico and west Texas to delivery points near the Waha Hub in Reeves and Pecos counties, Texas.  The order also approves the project pro forma tariff, subject to modifications, and issues a Part 284 and Part 157 blanket certificate.

 

FERC grants request for clarification
C-5, Gulf South Pipeline Company, LLC, Docket No. CP19-125-001.  The order grants Gulf South’ request for clarification of the Commission’s March 19, 2020 order (Certificate Order) that authorized the Index 99 Expansion Project.  The order clarifies the scope of the Certificate Order’s requirement that Gulf South keep separate books and accounting of costs and revenues attributable to its Index 99 Expansion Project.

 

FERC addresses arguments raised on rehearing
C-6, Midship Pipeline Company, LLC, Docket Nos. CP17-458-002 and CP19-17-001.  The order addresses arguments raised in a request for rehearing, jointly filed by eighteen landowners, of multiple letter orders issued by the Chief of Gas Branch 1, Division of Gas — Environment and Engineering (Branch Chief) in response to various, individual allegations that Midship Pipeline had violated certain environmental conditions of its August 13, 2018 certificate order.  The order finds:  (1) the Commission was not required to treat each allegation of environmental non-compliance as a formal complaint under Rule 206 of the Commission’s Rules of Practice and Procedure; (2) the delegation of authority to the Branch Chief to investigate and resolve environmental compliance complaints was proper and (3) Commission staff appropriately investigated the allegations.

This page was last updated on October 20, 2020