82 FR 10567 - Basin Electric Power Cooperative; Notice of Petition for Partial Waiver

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 82, Issue 29 (February 14, 2017)

Page Range		10567-10568
FR Document		2017-02948

Federal Register, Volume 82 Issue 29 (Tuesday, February 14, 2017)

[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Notices]
[Pages 10567-10568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02948]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL17-46-000]


Basin Electric Power Cooperative; Notice of Petition for Partial 
Waiver

    Take notice that on February 6, 2017, pursuant to section 292.402 
of the Federal Energy Regulatory Commission's (Commission) Rules and 
Regulations,\1\ Basin Electric Power Cooperative (Basin Electric) on 
its own behalf and on behalf of 72 rural electric cooperative member-
owners (collectively, the Participating Members),\2\ filed a Petition 
for Partial Waiver
---------------------------------------------------------------------------

    \1\ 18 CFR 292.402 (2016).
    \2\ Basin Electric's Participating Member-owners joining in this 
petition are Agralite Electric Cooperative, Big Flat Electric Co-op, 
Inc., Black Hills Electric Cooperative, Inc., Bon Homme Yankton 
Electric Association, Inc., Burke-Divide Electric Cooperative, Inc., 
Butte Electric Cooperative, Inc., Cam Wal Electric Cooperative, 
Inc., Capital Electric Cooperative, Inc., Central Electric 
Cooperative, Inc., Central Montana Electric Power Cooperative, Inc., 
Central Power Electric Cooperative, Inc., Charles Mix Electric 
Association, Inc., Cherry-Todd Electric Cooperative, Inc., City of 
Elk Point, Clay-Union Electric Corporation, Codington-Clark Electric 
Cooperative, Inc., Crow Wing Cooperative Power and Light Company, 
Dakota Valley Electric Cooperative, Inc., Douglas Electric 
Cooperative, Inc., East River Electric Power Cooperative, Inc., FEM 
Electric Association, Inc., Fergus Electric Cooperative, Inc., 
Goldenwest Electric Coop., Inc., Grand Electric Cooperative, Inc., 
H-D Electric Cooperative, Inc., Hill County Electric Cooperative, 
Inc., KEM Electric Cooperative, Inc., Kingsbury Electric 
Cooperative, Inc., L & O Power Cooperative, Lacreek Electric 
Association, Inc., Lake Region Electric Association, Inc., Lower 
Yellowstone Rural Electric Cooperative, Lyon Rural Electric 
Cooperative, Lyon-Lincoln Electric Cooperative, Inc., Marias River 
Electric Cooperative, Inc., McCone Electric Co-op., Inc., McKenzie 
Electric Cooperative, Inc., McLean Electric Cooperative, Inc., Mid-
Yellowstone Electric Cooperative, Minnesota Valley Cooperative Light 
& Power Association, Mor-Gran-Sou Electric Cooperative, Inc., 
Moreau-Grand Electric Cooperative, Inc., Mountrail-Williams Electric 
Cooperative, North Central Electric Cooperative, Inc., Northern 
Electric Cooperative, Inc., Northern Plains Electric Cooperative, 
Inc., NorVal Electric Cooperative, Inc., Oahe Electric Cooperative, 
Inc., Osceola Electric Cooperative, Inc., Park Electric Cooperative, 
Inc., Powder River Energy Corporation, Redwood Electric Cooperative, 
Renville-Sibley Co-op Power Association, Rosebud Electric 
Cooperative, Inc., Roughrider Electric Cooperative, Inc., Rushmore 
Electric Power Cooperative, Inc., Sheridan Electric Co-op., Inc., 
Sioux Valley- Southwestern Electric Cooperative, Inc., Slope 
Electric Cooperative, Inc., South Central Electric Association, 
Southeast Electric Cooperative, Inc.,
    Southeastern Electric Cooperative, Inc., Sun River Electric 
Cooperative, Inc., Tongue River Electric Cooperative, Inc., Traverse 
Electric Cooperative, Inc., Union County Electric Cooperative, Inc., 
Upper Missouri G & T Electric Cooperative, Inc., Verendrye Electric 
Cooperative, West Central Electric Cooperative, Inc., West River 
Electric Association, Inc., Whetstone Valley Electric Cooperative, 
Inc., and Yellowstone Valley Electric Cooperative, Inc.
---------------------------------------------------------------------------

    (Petition) of certain obligations imposed on the Participating 
Members and on Basin Electric under sections 292.303(a) and 292.303(b) 
of the Commission's Regulations \3\ implementing section 210 of the 
Public Utility Regulatory Policies Act of 1978, as amended, as more 
fully explained in the petition.
---------------------------------------------------------------------------

    \3\ 18 CFR 292.303(a) and (b) (2016).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Petitioner.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 5 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive email 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please email 
[email protected], or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comments: 5:00 p.m. Eastern Time on February 27, 2017.


[[Page 10568]]


     Dated: February 6, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-02948 Filed 2-13-17; 8:45 am]
 BILLING CODE 6717-01-P

Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Notices 10567

Docket Numbers: ER17–922–000. other information, call (866) 208–3676 (Petition) of certain obligations
Applicants: Arizona Public Service (toll free). For TTY, call (202) 502–8659. imposed on the Participating Members
Company. Dated: February 3, 2017. and on Basin Electric under sections
Description: Cancellation of Service Kimberly D. Bose, 292.303(a) and 292.303(b) of the
Agreement Nos. 91, 137, and 144 of Commission’s Regulations 3
Secretary.
Arizona Public Service Company. implementing section 210 of the Public
[FR Doc. 2017–02952 Filed 2–13–17; 8:45 am]
Filed Date: 2/2/17. Utility Regulatory Policies Act of 1978,
Accession Number: 20170202–5238. BILLING CODE 6717–01–P
as amended, as more fully explained in
Comments Due: 5 p.m. ET 2/23/17.
the petition.
Docket Numbers: ER17–923–000. DEPARTMENT OF ENERGY
Applicants: Ashley Energy LLC. Any person desiring to intervene or to
Description: Baseline eTariff Filing: protest this filing must file in
Federal Energy Regulatory
Application for Market Based Rate Tariff accordance with Rules 211 and 214 of
Commission
to be effective 2/20/2017. the Commission’s Rules of Practice and
Filed Date: 2/3/17. [Docket No. EL17–46–000] Procedure (18 CFR 385.211, 385.214).
Accession Number: 20170203–5043. Protests will be considered by the
Basin Electric Power Cooperative;
Comments Due: 5 p.m. ET 2/24/17. Commission in determining the
Notice of Petition for Partial Waiver
Docket Numbers: ER17–924–000. appropriate action to be taken, but will
Applicants: Wisconsin Electric Power Take notice that on February 6, 2017, not serve to make protestants parties to
Company. pursuant to section 292.402 of the the proceeding. Any person wishing to
Description: § 205(d) Rate Filing: Federal Energy Regulatory become a party must file a notice of
Wisconsin Electric Assignment of FERC Commission’s (Commission) Rules and intervention or motion to intervene, as
Rate Schedule 106 020317 to be Regulations,1 Basin Electric Power appropriate. Such notices, motions, or
effective 2/4/2017. Cooperative (Basin Electric) on its own protests must be filed on or before the
Filed Date: 2/3/17. behalf and on behalf of 72 rural electric comment date. Anyone filing a motion
Accession Number: 20170203–5064. cooperative member-owners to intervene or protest must serve a copy
Comments Due: 5 p.m. ET 2/24/17. (collectively, the Participating of that document on the Petitioner.
Docket Numbers: ER17–925–000. Members),2 filed a Petition for Partial
Waiver The Commission encourages
Applicants: ISO New England Inc.,
New England Power Pool Participants electronic submission of protests and
Committee.
1 18 CFR 292.402 (2016). interventions in lieu of paper using the
Description: § 205(d) Rate Filing: Part
2 Basin Electric’s Participating Member-owners ‘‘eFiling’’ link at http://www.ferc.gov.
joining in this petition are Agralite Electric Persons unable to file electronically
1 of Two-Part Filing to Remove Active Cooperative, Big Flat Electric Co-op, Inc., Black
Demand Resource Types to be effective Hills Electric Cooperative, Inc., Bon Homme should submit an original and 5 copies
2/24/2017. Yankton Electric Association, Inc., Burke-Divide of the protest or intervention to the
Electric Cooperative, Inc., Butte Electric Federal Energy Regulatory Commission,
Filed Date: 2/3/17. Cooperative, Inc., Cam Wal Electric Cooperative,
Accession Number: 20170203–5069. Inc., Capital Electric Cooperative, Inc., Central 888 First Street NE., Washington, DC
Comments Due: 5 p.m. ET 2/24/17. Electric Cooperative, Inc., Central Montana Electric 20426.
Power Cooperative, Inc., Central Power Electric
Docket Numbers: ER17–926–000. Cooperative, Inc., Charles Mix Electric Association, This filing is accessible on-line at
Applicants: PJM Interconnection, Inc., Cherry-Todd Electric Cooperative, Inc., City of http://www.ferc.gov, using the
L.L.C. Elk Point, Clay-Union Electric Corporation, ‘‘eLibrary’’ link and is available for
Description: § 205(d) Rate Filing: Codington-Clark Electric Cooperative, Inc., Crow
Wing Cooperative Power and Light Company, review in the Commission’s Public
Original Service Agreement No. 4608; Dakota Valley Electric Cooperative, Inc., Douglas Reference Room in Washington, DC.
Queue No. AB1–027 to be effective 1/4/ Electric Cooperative, Inc., East River Electric Power There is an ‘‘eSubscription’’ link on the
2017. Cooperative, Inc., FEM Electric Association, Inc.,
Web site that enables subscribers to
Filed Date: 2/3/17. Fergus Electric Cooperative, Inc., Goldenwest
Electric Coop., Inc., Grand Electric Cooperative, receive email notification when a
Accession Number: 20170203–5080. Inc., H–D Electric Cooperative, Inc., Hill County document is added to a subscribed
Comments Due: 5 p.m. ET 2/24/17. Electric Cooperative, Inc., KEM Electric
Cooperative, Inc., Kingsbury Electric Cooperative,
docket(s). For assistance with any FERC
The filings are accessible in the Online service, please email
Inc., L & O Power Cooperative, Lacreek Electric
Commission’s eLibrary system by Association, Inc., Lake Region Electric Association, FERCOnlineSupport@ferc.gov, or call
clicking on the links or querying the Inc., Lower Yellowstone Rural Electric Cooperative,
(866) 208–3676 (toll free). For TTY, call
docket number. Lyon Rural Electric Cooperative, Lyon-Lincoln
Any person desiring to intervene or Electric Cooperative, Inc., Marias River Electric (202) 502–8659.
Cooperative, Inc., McCone Electric Co-op., Inc., Comments: 5:00 p.m. Eastern Time on
protest in any of the above proceedings McKenzie Electric Cooperative, Inc., McLean
must file in accordance with Rules 211 Electric Cooperative, Inc., Mid-Yellowstone Electric February 27, 2017.
and 214 of the Commission’s Cooperative, Minnesota Valley Cooperative Light &
Regulations (18 CFR 385.211 and Power Association, Mor-Gran-Sou Electric Inc., Slope Electric Cooperative, Inc., South Central
Cooperative, Inc., Moreau-Grand Electric
385.214) on or before 5:00 p.m. Eastern Cooperative, Inc., Mountrail-Williams Electric
Electric Association, Southeast Electric
time on the specified comment date. Cooperative, Inc.,
Cooperative, North Central Electric Cooperative,
Southeastern Electric Cooperative, Inc., Sun River
Protests may be considered, but Inc., Northern Electric Cooperative, Inc., Northern
Plains Electric Cooperative, Inc., NorVal Electric Electric Cooperative, Inc., Tongue River Electric
intervention is necessary to become a
sradovich on DSK3GMQ082PROD with NOTICES

Cooperative, Inc., Oahe Electric Cooperative, Inc., Cooperative, Inc., Traverse Electric Cooperative,
party to the proceeding. Osceola Electric Cooperative, Inc., Park Electric Inc., Union County Electric Cooperative, Inc.,
eFiling is encouraged. More detailed Cooperative, Inc., Powder River Energy Upper Missouri G & T Electric Cooperative, Inc.,
information relating to filing Corporation, Redwood Electric Cooperative, Verendrye Electric Cooperative, West Central
Renville-Sibley Co-op Power Association, Rosebud Electric Cooperative, Inc., West River Electric
requirements, interventions, protests, Association, Inc., Whetstone Valley Electric
Electric Cooperative, Inc., Roughrider Electric
service, and qualifying facilities filings Cooperative, Inc., Rushmore Electric Power Cooperative, Inc., and Yellowstone Valley Electric
can be found at: http://www.ferc.gov/ Cooperative, Inc., Sheridan Electric Co-op., Inc., Cooperative, Inc.
docs-filing/efiling/filing-req.pdf. For Sioux Valley- Southwestern Electric Cooperative, 3 18 CFR 292.303(a) and (b) (2016).

VerDate Sep<11>2014 16:48 Feb 13, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1

10568 Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Notices

Dated: February 6, 2017. has a quorum, delegates further B. Action on Rate and Other Filings
Kimberly D. Bose, authority 5 to its staff 6 to take action, as 4. If the date by which the
Secretary. provided below,7 effective February 4, Commission is required to act on rate
[FR Doc. 2017–02948 Filed 2–13–17; 8:45 am] 2017. The authority delegated herein is and other filings10 made pursuant to
BILLING CODE 6717–01–P effective until such time as the section 4 of the NGA, 15 U.S.C. 717c
Commission again has a quorum and (2012), section 205 of the FPA, 16 U.S.C.
takes action to lift the delegation, and in 824d (2012), and section 6(3) of the ICA,
DEPARTMENT OF ENERGY no event will this delegation extend 49 App. U.S.C. 6(3) (1988), falls during
beyond days 14 days following the date the Delegation Period, the Commission
Federal Energy Regulatory a quorum is reestablished (Delegation in this order delegates to its staff (a
Commission Period).8 delegation to the Director of the Office
[Docket No., AD17–10–000] II. Delegation of Agency Authority of Energy Market Regulation (OEMR))
the further authority: (1) o accept and
Agency Operations in the Absence of A. Notice suspend such filings and to make them
a Quorum; Order Delegating Further effective, subject to refund and further
Authority to Staff in Absence of 3. Given the anticipated loss of a
quorum,9 an immediate plan for the order of the Commission;11 or (2) to
Quorum accept and suspend such filings and to
orderly delegation of agency functions
Before Commissioners: Cheryl A. LaFleur, to the Commission’s staff is required. make them effective, subject to refund,
Acting Chairman; Norman C. Bay, and Public notice of this action, otherwise and to set them for hearing and
Colette D. Honorable. required by 5 U.S.C. 553(b) (2012), is settlement judge procedures. For initial
impracticable because of the timeframe rates or rate decreases filed pursuant to
I. Introduction section 205 of the FPA, for which
for the anticipated loss of quorum. The
1. Pursuant to section 401(b) of the Commission’s requirement to protect suspension and refund protection are
Department of Energy Organization the public interest creates an immediate unavailable, we also delegate to
Act,1 the Commission is composed of need for this action. Commission staff authority, pursuant to
five members, and pursuant to section section 206 of the FPA,12 to institute a
401(e) of the Department of Energy 5 All pre-existing delegations of authority by the proceeding to protect the interests of
Organization Act,2 ‘‘a quorum for the Commission to its staff continue to be effective. 18 customers.
transaction of business shall consist of CFR 375.301–.315 (2016). This includes the
at least three members present.’’ The authority of the Secretary to toll the time for action C. Extensions of Time
Commission anticipates that it will lack on requests for rehearing. 18 CFR 375.302(v) (2016). 5. The Commission delegates the
6 This delegation of authority is to the relevant
a quorum for an indeterminate period in office director, but such authority may be further
authority to extend the time for action
the near future. The Commission also delegated to his or her designee consistent with 18 on matters where such extension of time
recognizes that it has a continuing CFR 375.301(b) (2016). is permitted by statute.
responsibility to carry out its regulatory 7 As to emergency functions, the Commission will
D. Waiver Requests
obligations under the various statutes look to the Anti-Deficiency Act to guide its decision
as to what actions may continue to be pursued 6. During the Delegation Period, the
that the Commission administers, notwithstanding the absence of a quorum and even
including among other statutes, the if it were not to delegate authority to its staff. Commission in this order delegates to
Federal Power Act (FPA), the Natural Specifically, the Anti-Deficiency Act allows work to its staff (a delegation to the Director of
Gas Act (NGA), and the Interstate continue even during a lapse in appropriations on OEMR) the further authority to take
activities the suspension of which would appropriate action on uncontested
Commerce Act (ICA), in an effective and ‘‘imminently threaten the safety of human life or
efficient manner consistent with the the protection of property.’’ 31 U.S.C. 1342 (2012); filings made pursuant to section 4 of the
public interest.3 For example, see also 31 U.S.C. 1341 (2012). Thus, during the NGA, 15 U.S.C. 717c (2012), section 205
companies subject to the Commission’s Delegation Period even in the absence of this of the FPA, 16 U.S.C. 824d (2012), and
delegation of authority to its staff, limited section 6(3) of the ICA, 49 App. U.S.C.
jurisdiction will continue to make rate Commission operations can continue: inspecting
filings under the FPA and NGA with the and responding to incidents at liquefied natural gas 6(3) (1988), seeking waivers of the terms
Commission that, in the absence of facilities or jurisdictional hydropower projects; and and conditions of tariffs, rate schedules
Commission action, would take effect other activities involving the safety of human life and service agreements, including
or protection of property. waivers related to, e.g., capacity release
without suspension, refund protection, 8 41 U.S.C. 7171(f) (2012) (authorizing the
or the ability for protesting parties to Commission ‘‘to establish such procedural and
and capacity market rules.
appeal.4 The Commission’s general administrative rules as are necessary to the exercise E. Uncontested Settlements
practice has been not to allow such of its functions’’); accord, e.g., 15 U.S.C. 717o
filings to go into effect by operation of (2012); 16 U.S.C. 825h (2012); see generally 18 CFR 7. During the Delegation Period, the
375.301–.315 (2016) (pre-existing delegations of Commission in this order delegates to
law. Similarly, the Commission’s authority by Commission to its staff); cf. NLRB v.
intention is to ensure that staff has Bluefield Hospital Co., LLC, 821 F.3d 534 (4th Cir. its staff (a delegation to the Director of
authority to prevent such filings from 2016) (upholding the authority of the Board’s staff
to act pursuant to delegated authority when the 10 Decisions made pursuant to delegated authority
going into effect by operation of law Board did not have a quorum); Advanced Disposal may be challenged on rehearing, see 18 CFR
during the period in which the Services East, Inc. v. NLRB, 820 F.3d 592 (3d Cir. 385.1902 (2016), and authority to act on requests for
Commission lacks a quorum. 2016) (same); UC Health v. NLRB, 803 F.3d 669 rehearing is not being delegated (authority to issue
2. Accordingly, the Commission by (D.C. Cir. 2015) (same); SSC Mystic Operating Co., tolling orders already rests with the Secretary, see
LLC v. NLRB, 801 F.3d 302 (D.C. Cir. 2015) (same). supra note 5), and so timely requests for rehearing
this order, issued while the Commission
sradovich on DSK3GMQ082PROD with NOTICES

The Commission, when previously facing similar will be addressed when the Commission again has
circumstances, has taken similar action to delegate a quorum.
1 42 U.S.C. 7171(b) (2012). 11 The acceptance for filing and suspension and
further authority to its staff to act in the absence of
2 42 U.S.C. 7171(e) (2012); accord 18 CFR a quorum. Order Delegating Authority to the making effective subject to refund and to further
375.101(e) (2016). Secretary and Certain Office Directors, 63 FERC ¶ Commission order of these filings is without
3 16 U.S.C. 791a et seq.; 15 U.S.C. 717 et seq.; 49 61,073 (1993). prejudice to any further action of the Commission
App. U.S.C. 1 et seq. (1988). 9 At present, the Commission has three sitting with respect to these filings once the Commission
4 See Public Citizen, Inc. v. FERC, 839 F.3d 1165 members, but will lose a quorum after February 3, again has a quorum.
(D.C. Cir. 2016). 2017. 12 16 U.S.C. 824e (2012).

VerDate Sep<11>2014 16:48 Feb 13, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1

Document Created: 2017-02-13 23:40:29
Document Modified: 2017-02-13 23:40:29

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		82 FR 10567

82 FR 10567 - Basin Electric Power Cooperative; Notice of Petition for Partial Waiver

DEPARTMENT OF ENERGYFederal Energy Regulatory Commission

Federal Register Volume 82, Issue 29 (February 14, 2017)

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission