April 2021 Commission Meeting Summaries - Federal Energy ...

April 2021
     Commission Meeting Summaries
These are summaries of orders voted by the Federal Energy Regulatory
Commission at its April 15, 2021 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.

E-1 – Press Release
E-2 – Press Release
E-10 – Press Release
H-1 – Press Release

FERC approves a final rule

E-3, Regional Reliability Standard BAL-002-WECC-3 (Contingency Reserves), Docket
No. RM19-20-000. The final rule approves regional Reliability Standard BAL-002-
WECC-3 (Contingency Reserve). The North American Electric Reliability Corporation
(NERC) and the Western Electricity Coordinating Council (WECC) jointly submitted the
regional Reliability Standard to the Commission for approval. Additionally, the order
directs NERC and WECC to submit an informational filing thirty months following
implementation of regional Reliability Standard BAL-002-WECC-3.

FERC accepts filings

E-4, Midcontinent Independent System Operator, Inc., Docket No. ER20-2436-000, et
al. The order accepts a Generator Interconnection Agreement among North Star Solar
PV, LLC as interconnection customer, Northern States Power Company, a Minnesota
corporation as transmission owner, and MISO as transmission provider. The order also
accepts a Facilities Service Agreement among the parties.

FERC conditionally accepts filings and rejects filing

E-5, Midcontinent Independent System Operator, Inc., Docket No. ER20-2423-000, et al.
The order accepts a Facilities Construction Agreement among Red Pine Wind Project,
LLC as interconnection customer, Northern States Power Company, Great River Energy,
Western Minnesota Municipal Power Agency, Otter Tail Power Company, and Central
Minnesota Municipal Power Agency as transmission owners, and MISO as transmission
provider, and a Facilities Service Agreement among Red Pine Wind Project, LLC as
interconnection customer, Otter Tail Power Company as transmission owner, and MISO
as transmission provider, subject to a further compliance filing. The order also rejects a
Facilities Service Agreement among Red Pine Wind Project, LLC as interconnection
customer, Northern States Power Company as transmission owner, and MISO as
transmission provider.

FERC conditionally accepts filings

E-6, Midcontinent Independent System Operator, Inc., Docket No. ER20-2411-000, et
al. The order accepts a Generator Interconnection Agreement among Stoneray Power
Partners, LLC as interconnection customer, Northern States Power Company, a
Minnesota corporation, as transmission owner, and MISO as transmission provider,
subject to a further compliance filing. The order also accepts a Facilities Service
Agreement among the parties, subject to a further compliance filing.

FERC conditionally accepts filings

E-7, Midcontinent Independent System Operator, Inc., Docket Nos. ER20-2438-000, et
al. The order accepts a Generator Interconnection Agreement among Marshall Solar,
LLC as interconnection customer, Northern States Power Company, a Minnesota
corporation, as transmission owner, and MISO as transmission provider, subject to a
further compliance filing. The order also accepts a Facilities Service Agreement among
the parties, subject to a further compliance filing.

FERC addresses complaints

E-8, American Electric Power Service Corporation v. Midcontinent Independent System
Operator, Inc. and Southwest Power Pool, Inc. and City of Prescott, Arkansas v.
Southwestern Electric Power Company and Midcontinent Independent System Operator,
Inc., Docket Nos. EL17-89-000 and EL19-60-000. The order on complaints finds that
pseudo-tied loads and resources between Midcontinent Independent System Operator,
Inc. and Southwest Power Pool, Inc. are subject to overlapping congestion charges and
that such charges are unjust, unreasonable, unduly discriminatory or preferential. The
order directs the Regional Transmission Organizations each to submit a compliance filing

that contains necessary revisions to their tariffs, contracts, and/or other documents to
eliminate, or to offset through a rebate mechanism the overlapping congestion charges.

FERC grants, in part, and denies, in part, a petition for declaratory order

E-9, New York Independent System Operator, Inc., Docket No. EL20-65-000. The order
grants, in part, and denies, in part, NYISO’s petition for declaratory order: (1) granting
confirmation that the New York Transmission Owners (NYTO) have a federal right of
first refusal (ROFR) under NYISO’s foundational agreements and section 31.6.4 of
NYISO’s Open Access Transmission Tariff (OATT) to build, own and recover the cost of
upgrades to their existing transmission facilities, as permitted under Order No. 1000; and
(2) denying confirmation that, if a NYTO exercises its federal ROFR for upgrades to its
existing transmission facilities, the NYTO should be treated under the existing OATT as
a Developer for the upgrade portion of the transmission project.

FERC approves an uncontested settlement agreement

E-11, California State University-Channel Islands Site Authority, Docket No. ER20-
1708-001. The order approves the uncontested settlement between the California State
University-Channel Islands Site Authority and the California Independent System
Operator Corporation revising the Reliability Must-Run Agreement and reducing the
Annual Fixed Revenue Requirement.

FERC approves an uncontested settlement agreement

E-12, PJM Interconnection, L.L.C. and The Dayton Power and Light Company, Docket
No. ER20-1150-001. The order approves an uncontested settlement that resolves all
issues set for hearing regarding formula rates to be charged by Dayton Power and Light
Company for providing Network Integration Transmission Service, the associated
protocols for future annual changes to the formula rates and true-ups to actual costs, and
the mechanisms for determining rates for Firm Point-to-Point Transmission Service,
Non-Firm Point-to-Point Transmission Service, and Scheduling, System Control, and
Dispatch Service.

FERC approves an uncontested settlement agreement

E-13, City of Anaheim, California, Docket No. ER20-1738-001. The order approves the
uncontested settlement regarding the City of Anaheim’s proposed Transmission Revenue
Requirement and associated Transmission Owner Tariff revisions for purposes of its
participation in the California Independent System Operator Corporation as a
Participating Transmission Owner.

FERC approves a settlement agreement

E-14, PJM Interconnection, L.L.C. and Jersey Central Power & Light Company, Docket
No. ER20-227-001. The order approves Jersey Central Power & Light Company’s Offer
of Settlement concerning its proposed transmission formula rate and associated protocols.

FERC approves a settlement agreement

E-15, Florida Power & Light Co., Docket No. ER19-2585-001. The order approves
a settlement agreement addressing Florida Power & Light Company’s Network
Integration Transmission Service and Point-to-Point Transmission Service rates in its
Open Access Transmission Tariff, and its Reactive Power Service rate.

FERC addresses arguments raised on rehearing

E-16, Shell Energy North America (US), L.P., Docket No. EL20-49-001. The order
addresses GreenHat Energy LLC’s arguments raised on rehearing of the Commission’s
November 2020 order. The November 2020 order granted Shell Energy’s petition for
declaratory order, in part, and found that, under the PJM Tariff, entry of data into the
Financial Transmission Right Center for bilateral trades does not automatically establish
stand-alone bilateral contracts at the stated price, absent a separate agreement by the
parties. The order sustains the result of the November 2020 Order.

FERC addresses arguments raised on rehearing

E-17, Pacific Gas & Electric Co., Docket No. ER16-2320-006. The order addresses
arguments raised on rehearing of Opinion No. 572, the Commission’s order on the initial
decision concerning PG&E’s eighteenth stated rate case that involves PG&E’s
transmission rates from March 1, 2017 through February 2018. The order upholds
Opinion No. 572, with the exception of requiring PG&E to adjust its federal income tax
rate, consistent with the Tax Cuts and Jobs Act of 2017 and Commission precedent.

FERC grants request for partial waiver

E-18, Deseret Generation & Transmission Co-operative, Inc., Docket No. EL20-47-000.
The order grants petitioners’ request for partial waiver of the respective obligations of
Deseret and its Participating Members, by waiving the Participating Members’
obligations to purchase energy and capacity from qualifying facilities (QFs) and
Deseret’s obligation to sell energy and capacity to QFs, effective May 11, 2020.

FERC accepts filings, directs a further compliance filing

E-19, Louisiana Public Service Commission v. Entergy Corporation, Entergy Services
Inc., Entergy Louisiana, LLC, Entergy Arkansas, Inc., Entergy Mississippi, Inc., Entergy
New Orleans, Inc., Docket Nos. EL10-65-008 & EL10-65-009. The order accepts
Entergy Services, LLC’s June 2020 compliance filing, as revised. In addition, the order
accepts Entergy’s December 2020 compliance filing subject to a further compliance
filing.

FERC grants request for limited waivers

E-21, California Independent System Operator Corporation, Docket No. ER21-395-000.
The order grants CAISO’s request for limited waiver of sections 37.5.2 and 37.11 of its
Open Access Transmission Tariff in order to: (1) excuse CAISO from assessing
penalties against NV Energy, Inc. for late meter data revisions; and (2) permit CAISO to
distribute the funds it collects from NV Energy that approximate the market impact of its
error using CAISO’s established penalty distribution methodology as if it were a penalty
assessed under Tariff section 37.9.

FERC grants request for a waiver

E-22, Wilderness Line Holdings, LLC., Docket No. ER21-70-000. The order grants
Wilderness Holdings’ request for waiver of Order No. 1000’s requirements, where
Wilderness Holdings qualifies as a small public utility.

FERC dismisses a complaint

E-23, Vistra Corp. et al. v. Constellation Mystic Power, LLC, Docket No. EL20-67-000.
The order dismisses a complaint by New England generators asking the Commission to
revise the cost-of-service agreement under which Exelon Generation Company, LLC,
will retain its Mystic 8 and 9 generating units in service to provide fuel security to ISO
New England.
FERC denies a request for clarification

E-24, Bonneville Power Administration v. Avista Corporation, Docket No. EL20-36-001.
The order denies Avista Corporation’s request for clarification of the September 17, 2020
order. In that order the Commission granted Bonneville Power Administration’s request
that it be allowed to self-supply operating reserves using its existing network
transmission service, without paying for additional transmission provided that Bonneville
meets all of the requirements for using network transmission service under Avista’s tariff.

FERC addresses formal challenge and complaint

E-25, Kansas Electric Power Cooperative, Inc. v. Evergy Kansas Central, Inc., Docket
No. EL21-18-000. The order addresses the Kansas Electric Power Cooperative’s formal
challenge and complaint against Evergy Kansas Central, Inc. The order grants the
complaint in part, denies it in part, and establishes hearing and settlement judge
procedures.

FERC grants a complaint

E-26, Duke Energy Indiana, LLC v. AEP Indiana Michigan Transmission Company, Inc.,
Docket No. EL20-71-000. The order grants a complaint brought by Duke Energy
Indiana, LLC against AEP Indiana Michigan Transmission Company, Inc. (AEP Indiana)
alleging that AEP Indiana’s use of a formula rate to calculate transmission rates for
American Electric Power Company, Inc.’s facilities that are included in Midcontinent
Independent System Operator, Inc.’s system is unjust and unreasonable.

FERC grants a petition for a declaratory order

E-27, Citizens S-Line Transmission LLC, Docket No. EL21-15-000. The order grants the
petition of Citizens S-Line Transmission LLC for a declaratory order seeking approval of
certain transmission rate treatments and transmission rate incentives for its participation
in the S-Line 230 kV transmission upgrade project.

FERC denies a filing

E-28, Michigan Electric Transmission Company, LLC, Docket No. ER21-424-000. The
order denies, without prejudice, Michigan Electric Transmission Company, LLC’s
application for (1) authorization to recover up to $15 million in transmission-related costs
associated with an electric vehicle infrastructure pilot project and (2) a 100% abandoned
plant incentive.

FERC approves a settlement agreement

G-2, Kinetica Deepwater Express, LLC, Docket Nos. RP19-1634-002, RP20-788-000,
RP13-1116-000, RP19-54-000. The order approves a settlement agreement that purports
to resolve all issues set for hearing in Kinetica Deepwater’s Natural Gas Act section 4
rate proceeding in Docket No. RP19-1634-000 and Kinetica Energy’s FERC Form No.
501-G proceeding in Docket No. RP19-54-000. The order also terminates Kinetica
Energy’s FERC Form No. 501-G proceeding and accepts Kinetica Energy’s cost and
revenue study filed in Docket No. RP13-1116-000 for informational purposes.

FERC vacates authorization of an LNG project
C-1, Annova LNG Common Infrastructure, LLC, Docket No. CP16-480-000. The order
vacates authorization granted to Annova LNG in an order issued November 22, 2019 to
site, construct and operate liquefied natural gas (LNG) export facilities on the south
embankment of the Brownsville Ship Channel in Cameron County, Texas. The order
grants Annova’s March 22, 2021 request to vacate the authorization, stating that it no
longer intends to construct the project because of changes in the global LNG market.
FERC amends a certificate of public convenience and necessity
C-2, Enable Mississippi River Transmission, LLC, Docket No. CP20-456-000. The
order amends Enable MRT’s certificate for the East Unionville Storage Field in Lincoln
Parish, Louisiana, by reducing the certificated cushion gas capacity from 27.6 billion
cubic feet (Bcf) to 19.1 Bcf and increasing the certificated working gas capacity from
27.6 Bcf to 36.1 Bcf, while keeping the field’s certificated total capacity of 55.2 Bcf
unchanged.

FERC authorizes upgrade of interstate natural gas storage facilities

C-3, Washington 10 Storage Corporation and South Romeo Gas Storage Company,
L.L.C., Docket No. CP20-470-000. The order authorizes a certificate of public
convenience and necessity for Washington 10 to operate its existing Washington 10
Storage Field and Shelby 2 Storage Field, both located in Macomb County, Michigan, in
interstate commerce subject to the Commission’s jurisdiction under section 7 of the
Natural Gas Act. The order also authorizes Washington 10 to acquire by lease from
South Romeo Gas Storage Company, L.L.C. (South Romeo) capacity at the existing
Washington 28 Storage Field located in Macomb County, Michigan. Finally, the order
authorizes South Romeo’s request for a certificate of limited jurisdiction authorizing
South Romeo to lease the storage capacity to Washington 10.

FERC grants a motion for late intervention in a proceeding
C-4, Northern Natural Gas Company, Docket No. CP20-487-000. The order grants
Enbridge Gas Pipelines’ late, unopposed motion to intervene in a proceeding involving
Northern Natural Gas Company’s request for authorization to abandon and replace
natural gas facilities in Nebraska and South Dakota (South Sioux City to Sioux Falls A-
line Replacement Project).