80 FR 10681 - DATC Path 15, LLC; Notice of Institution of Section 206 Proceeding and Refund Effective Date

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 39 (February 27, 2015)

Page Range		10681-10681
FR Document		2015-04082

Federal Register, Volume 80 Issue 39 (Friday, February 27, 2015)

[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Notices]
[Page 10681]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04082]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL14-33-000]


DATC Path 15, LLC; Notice of Institution of Section 206 
Proceeding and Refund Effective Date

    On April 17, 2014, the Commission issued an order in Docket No. 
EL14-33-000, pursuant to section 206 of the Federal Power Act (FPA), 16 
U.S.C. 824e (2012), instituting an investigation to determine the 
justness and reasonableness of DATC Path 15, LLC's proposed 
transmission revenue requirement reduction. DATC Path 15, LLC, 147 FERC 
] 61,035 (2014).
    The refund effective date in Docket No. EL14-33-000, established 
pursuant to section 206(b) of the FPA, will be the date of publication 
of this notice in the Federal Register.

    Dated: February 23, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-04082 Filed 2-26-15; 8:45 am]
BILLING CODE 6717-01-P

Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices 10681

the generator the reliability study report consistent with the Commission’s cost (C) Any interested person desiring to
and NYISO’s RMR proposal should allocation principles and precedents. be heard in this proceeding must file a
address which entity will file the notice of intervention or motion to
D. Toggling Provisions
reliability report(s) with the intervene, as appropriate, with the
Commission. 21. NYISO’s proposal should also Federal Energy Regulatory Commission,
19. NYISO’s RMR proposal should include rules to eliminate, or at least 888 First Street NE., Washington, DC
address the circumstance of accelerated minimize, incentives for a generator 20426, in accordance with Rule 214 of
cost recovery for generators that require needed for reliability to toggle between the Commission’s Rules of Practice and
upgrades, retrofitting, repowering, or receiving RMR compensation and Procedure (18 CFR 385.214 (2014))
some other form of additional market-based compensation for the within 21 days of the date of this order.
investment required to continue same units.43 The Commission (D) The Secretary is hereby directed to
operating during the term of the RMR appreciates that uneconomic units promptly publish this order in the
agreement, to ensure that in such could become economic for a number of Federal Register.
circumstances generators are reasons, including changing market By the Commission.
appropriately compensated.38 In conditions and the need for and timing Issued: February 19, 2015.
addition, the proposal should likewise of capital investments. However, the
Kimberly D. Bose,
address recovery of such investments Commission is concerned that any
Secretary.
from RMR generators should the RMR proposed provisions not provide an
incentive for a generation resource to [FR Doc. 2015–04119 Filed 2–26–15; 8:45 am]
unit receive compensation for the
investment during the term of the RMR propose to deactivate earlier than it BILLING CODE 6717–01–P

agreement but then continue to operate otherwise would have in expectation of
as a merchant unit after the term of the being needed for reliability and,
RMR agreement.39 Such provisions therefore, be able to receive more DEPARTMENT OF ENERGY
should ensure that generators under revenues under an RMR service Federal Energy Regulatory
RMR agreements will not recover more agreement than by remaining in the Commission
than an allocable portion of the cost of market. As noted above, the tariff
such investments from providing RMR provisions should not provide an [Docket No. EL14–33–000]
service. incentive for a generation resource to re-
enter the market after having received DATC Path 15, LLC; Notice of
C. RMR Cost Allocation Institution of Section 206 Proceeding
accelerated recovery of the cost of
20. NYISO’s RMR compliance filing additional investments made under its and Refund Effective Date
should include tariff provisions RMR agreement.44 Accordingly, to On April 17, 2014, the Commission
specifying a methodology for allocating address the Commission’s concerns issued an order in Docket No. EL14–33–
the costs of RMR agreements, as related to toggling, NYISO should craft 000, pursuant to section 206 of the
appropriate cost allocation is essential tariff provisions that provide clear Federal Power Act (FPA), 16 U.S.C.
to ensuring that the rates charged are guidance to generators regarding the 824e (2012), instituting an investigation
just and reasonable and not unduly implications of a deactivation notice. to determine the justness and
discriminatory or preferential.40 reasonableness of DATC Path 15, LLC’s
Moreover, disclosing the allocation of The Commission Orders
proposed transmission revenue
RMR costs in this manner will enable (A) Pursuant to the authority requirement reduction. DATC Path 15,
the entities to whom the costs may be contained in and subject to the LLC, 147 FERC ¶ 61,035 (2014).
allocated to better understand their jurisdiction conferred upon the Federal The refund effective date in Docket
potential responsibility for the RMR Energy Regulatory Commission by No. EL14–33–000, established pursuant
costs.41 Other RTOs and ISOs have section 402(a) of the Department of to section 206(b) of the FPA, will be the
adopted different approaches to address Energy Organization Act and by the date of publication of this notice in the
the recovery of the costs associated with Federal Power Act, particularly section Federal Register.
agreements like the RMR agreements 206 thereof, and pursuant to the
Dated: February 23, 2015.
discussed in this order. For example, in Commission’s Rules of Practice and
Kimberly D. Bose,
PJM Interconnection, L.L.C. (PJM), RMR Procedure and the regulations under the
costs are allocated to the load in the Federal Power Act (18 CFR Chapter I), Secretary.
zone(s) of the transmission owners that the Commission hereby institutes a [FR Doc. 2015–04082 Filed 2–26–15; 8:45 am]
will be assigned financial responsibility proceeding in Docket No. EL15–37–000 BILLING CODE 6717–01–P
for the reliability upgrades necessary to concerning the justness and
alleviate the reliability impact that reasonableness of NYISO’s Tariff with
would result from the unit’s regard to RMR issues, as discussed in DEPARTMENT OF ENERGY
deactivation.42 NYISO should ensure the body of this order.
Federal Energy Regulatory
that any cost allocation regime is (B) Within 120 days of the date of Commission
issuance of this order, NYISO shall
38 See, e.g., ISO New England, Inc. 125 FERC submit a compliance filing containing a [Docket No. PF15–1–000]
61,102, at PP 82–84, order on clarification, 125 proposed RMR Rate Schedule and pro
FERC ¶ 61,234 (2008), order denying reh’g, 130
forma RMR agreement, as discussed in PennEast Pipeline Company, LLC;
mstockstill on DSK4VPTVN1PROD with NOTICES

FERC ¶ 61,089 (2010). Notice of Postponement of Public
39 Midwest Indep. Transmission Sys. Operator, the body of this order.
Inc., 140 FERC ¶ 61,237, at P 138 (2012), order on
Scoping Meeting for the Penneast
compliance, 148 FERC ¶ 61,056, at P 44 (2014). 43 See, e.g., PJM OATT 118; ISO–NE,
Pipeline Project
40 PJM Interconnection, L.L.C., 107 FERC ¶
Transmission Markets and Services Tariff, On January 13, 2015, the Federal
61,112, at P 22 (2004). III.13.2.5.2.5 (18.0.0); MISO, FERC Electric Tariff,
41 Midwest Indep. Transmission Sys. Operator, 38.2.7 (4.0.0); CAISO, eTariff, 43.2.6 (1.0.0). Energy Regulatory Commission (FERC
Inc., 140 FERC ¶ 61,237, at P 154 (2012). 44 See, ISO New England Inc., 125 FERC ¶ 61,102, or Commission) issued a Notice of
42 See, e.g., PJM OATT 120. at PP 45–48 (2008). Intent to Prepare an Environmental

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Document Created: 2015-12-18 13:14:01
Document Modified: 2015-12-18 13:14:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 10681

80 FR 10681 - DATC Path 15, LLC; Notice of Institution of Section 206 Proceeding and Refund Effective Date

DEPARTMENT OF ENERGYFederal Energy Regulatory Commission

Federal Register Volume 80, Issue 39 (February 27, 2015)

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission