82 FR 56013 - Order on Intent To Revoke Market-Based Rate Authority
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 82, Issue 226 (November 27, 2017)
Federal Energy Regulatory Commission
Federal Register Volume 82, Issue 226 (November 27, 2017)
| Page Range | 56013-56014 | |
| FR Document | 2017-25485 |
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)] [Notices] [Pages 56013-56014] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25485] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Order on Intent To Revoke Market-Based Rate Authority Before Commissioners: Neil Chatterjee, Chairman; Cheryl A. LaFleur, and Robert F. Powelson. ------------------------------------------------------------------------ Docket Nos. ------------------------------------------------------------------------ Electric Quarterly Reports............. ER02-2001-020 Niagara Generation, LLC................ ER10-3154-000 C2K Energy, LLC........................ ER14-1751-001 RDAF Energy Solutions, LLC............. ER16-895-002 Castlebridge Energy Group LLC.......... ER11-4629-000 Intercom Energy, Inc................... ER11-125-000 Chesapeake Renewable Energy LLC........ ER13-28-001 EmpireCo Limited Partnership........... ER11-2882-001 ------------------------------------------------------------------------ 1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d (2012), and 18 CFR part 35 (2017), require, among other things, that all rates, terms, and conditions for jurisdictional services be filed with the Commission. In Order No. 2001, the Commission revised its public utility filing requirements and established a requirement for public utilities, including power marketers, to file Electric Quarterly Reports.\1\ --------------------------------------------------------------------------- \1\ Revised Public Utility Filing Requirements, Order No. 2001, FERC Stats. & Regs. ] 31,127, reh'g denied, Order No. 2001-A, 100 FERC ] 61,074, reh'g denied, Order No. 2001-B, 100 FERC ] 61,342, order directing filing, Order No. 2001-C, 101 FERC ] 61,314 (2002), order directing filing, Order No. 2001-D, 102 FERC ] 61,334, order refining filing requirements, Order No. 2001-E, 105 FERC ] 61,352 (2003), order on clarification, Order No. 2001-F, 106 FERC ] 61,060 (2004), order revising filing requirements, Order No. 2001-G, 120 FERC ] 61,270, order on reh'g and clarification, Order No. 2001-H, 121 FERC ] 61,289 (2007), order revising filing requirements, Order No. 2001-I, FERC Stats. & Regs. ] 31,282 (2008). See also Filing Requirements for Electric Utility Service Agreements, 155 FERC ] 61,280, order on reh'g and clarification, 157 FERC ] 61,180 (2016) (clarifying Electric Quarterly Reports reporting requirements and updating Data Dictionary). --------------------------------------------------------------------------- 2. The Commission requires sellers with market-based rate authorization to file Electric Quarterly Reports summarizing contractual and transaction information related to their market-based power sales as a condition for retaining that authorization.\2\ Commission staff's review of the Electric Quarterly Reports indicates that the following seven public utilities with market-based rate authorization have failed to file their Electric Quarterly Reports: Niagara Generation, LLC, C2K Energy, LLC, RDAF Energy Solutions, LLC, Castlebridge Energy Group LLC, Intercom Energy, Inc., Chesapeake Renewable Energy LLC, and EmpireCo Limited Partnership. This order notifies these public utilities that their market-based rate authorizations will be revoked unless they comply with the Commission's requirements within 15 days of the date of issuance of this order. --------------------------------------------------------------------------- \2\ See Refinements to Policies and Procedures for Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities, Order No. 816, FERC Stats. & Regs. ] 31,374 (2015), order on reh'g, Order No. 816-A, 155 FERC ] 61,188 (2016); Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities, Order No. 697, FERC Stats. & Regs. ] 31,252, at P 3, clarified, 121 FERC ] 61,260 (2007), order on reh'g, Order No. 697-A, FERC Stats. & Regs. ] 31,268, clarified, 124 FERC ] 61,055, order on reh'g, Order No. 697- B, FERC Stats. & Regs. ] 31,285 (2008), order on reh'g, Order No. 697-C, FERC Stats. & Regs. ] 31,291 (2009), order on reh'g, Order No. 697-D, FERC Stats. & Regs. ] 31,305 (2010), aff'd sub nom. Mont. Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011), cert. denied, 133 S. Ct. 26 (2012). --------------------------------------------------------------------------- 3. In Order No. 2001, the Commission stated that, [i]f a public utility fails to file a[n] Electric Quarterly Report (without an appropriate request for extension), or fails to report an agreement in a report, that public utility may forfeit its market-based rate authority and may be required to file a new application for market-based rate authority if it wishes to resume making sales at market-based rates.\3\ --------------------------------------------------------------------------- \3\ Order No. 2001, FERC Stats. & Regs. ] 31,127 at P 222. --------------------------------------------------------------------------- 4. The Commission further stated that, [o]nce this rule becomes effective, the requirement to comply with this rule will supersede the conditions in public utilities' market- based rate authorizations, and failure to comply with the requirements of this rule will subject public utilities to the same consequences they would face for not satisfying the conditions in their rate authorizations, including possible revocation of their authority to make wholesale power sales at market-based rates.\4\ --------------------------------------------------------------------------- \4\ Id. P 223. --------------------------------------------------------------------------- 5. Pursuant to these requirements, the Commission has revoked the market-based rate tariffs of market-based rate [[Page 56014]] sellers that failed to submit their Electric Quarterly Reports.\5\ --------------------------------------------------------------------------- \5\ See, e.g., Electric Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015); Electric Quarterly Reports, 79 FR 65,651 (Nov. 5, 2014). --------------------------------------------------------------------------- 6. Sellers must file Electric Quarterly Reports consistent with the procedures set forth in Order Nos. 2001, 768,\6\ and 770.\7\ The exact filing dates for Electric Quarterly Reports are prescribed in 18 CFR 35.10b (2017). As noted above, Commission staff's review of the Electric Quarterly Reports for the period up to the second quarter of 2017 identified seven public utilities with market-based rate authorization that failed to file Electric Quarterly Reports. Commission staff contacted or attempted to contact these entities to remind them of their regulatory obligations. Despite these reminders, the public utilities listed in the caption of this order have not met these obligations. Accordingly, this order notifies these public utilities that their market-based rate authorizations will be revoked unless they comply with the Commission's requirements within 15 days of the issuance of this order. --------------------------------------------------------------------------- \6\ Electricity Market Transparency Provisions of Section 220 of the Federal Power Act, Order No. 768, FERC Stats. & Regs. ] 31,336 (2012), order on reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013). \7\ Revisions to Electric Quarterly Report Filing Process, Order No. 770, FERC Stats. & Regs. ] 31,338 (2012). --------------------------------------------------------------------------- 7. In the event that any of the above-captioned market-based rate sellers has already filed its Electric Quarterly Reports in compliance with the Commission's requirements, its inclusion herein is inadvertent. Such market-based rate seller is directed, within 15 days of the date of issuance of this order, to make a filing with the Commission identifying itself and providing details about its prior filings that establish that it complied with the Commission's Electric Quarterly Report filing requirements. 8. If any of the above-captioned market-based rate sellers does not wish to continue having market-based rate authority, it may file a notice of cancellation with the Commission pursuant to section 205 of the FPA to cancel its market-based rate tariff. The Commission orders: (A) Within 15 days of the date of issuance of this order, each public utility listed in the caption of this order shall file with the Commission all delinquent Electric Quarterly Reports. If a public utility subject to this order fails to make the filings required in this order, the Commission will revoke that public utility's market- based rate authorization and will terminate its electric market-based rate tariff. The Secretary is hereby directed, upon expiration of the filing deadline in this order, to promptly issue a notice, effective on the date of issuance, listing the public utilities whose tariffs have been revoked for failure to comply with the requirements of this order and the Commission's Electric Quarterly Report filing requirements. (B) The Secretary is hereby directed to publish this order in the Federal Register. By the Commission. Issued: November 20, 2017. Kimberly D. Bose, Secretary. [FR Doc. 2017-25485 Filed 11-24-17; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices 56013
waterway; (2) would occupy public filing comments, it will be presumed to market-based power sales as a condition
lands or reservations of the United have no comments. One copy of an for retaining that authorization.2
States; (3) would utilize surplus water agency’s comments must also be sent to Commission staff’s review of the
or water power from a government dam; the Applicant’s representatives. Electric Quarterly Reports indicates that
or (4) would be located on a non- Dated: November 20, 2017. the following seven public utilities with
navigable stream over which Congress Kimberly D. Bose, market-based rate authorization have
has Commerce Clause jurisdiction and failed to file their Electric Quarterly
Secretary.
would be constructed or enlarged after Reports: Niagara Generation, LLC, C2K
[FR Doc. 2017–25483 Filed 11–24–17; 8:45 am]
1935. Energy, LLC, RDAF Energy Solutions,
l. Locations of the Application: This BILLING CODE 6717–01–P
LLC, Castlebridge Energy Group LLC,
filing may be viewed on the Intercom Energy, Inc., Chesapeake
Commission’s Web site at http:// Renewable Energy LLC, and EmpireCo
www.ferc.gov/docs-filing/elibrary.asp. DEPARTMENT OF ENERGY
Limited Partnership. This order notifies
Enter the docket number excluding the Federal Energy Regulatory these public utilities that their market-
last three digits in the docket number Commission based rate authorizations will be
field to access the document. You may revoked unless they comply with the
also register online at http:// Order on Intent To Revoke Market- Commission’s requirements within 15
www.ferc.gov/docs-filing/ Based Rate Authority days of the date of issuance of this
esubscription.asp to be notified via order.
email of new filings and issuances Before Commissioners: Neil Chatterjee,
related to this or other pending projects. Chairman; Cheryl A. LaFleur, and Robert F. 3. In Order No. 2001, the Commission
Powelson. stated that,
For assistance, call 1–866–208–3676 or
email FERCOnlineSupport@ferc.gov, for Docket Nos. [i]f a public utility fails to file a[n]
TTY, call (202) 502–8659. A copy is also Electric Quarterly Report (without an
available for inspection and Electric Quarterly Reports ER02–2001–020 appropriate request for extension), or
reproduction at the address in item (h) Niagara Generation, LLC ER10–3154–000 fails to report an agreement in a report,
above and in the Commission’s Public C2K Energy, LLC ............. ER14–1751–001 that public utility may forfeit its market-
Reference Room located at 888 First RDAF Energy Solutions, ER16–895–002 based rate authority and may be
Street NE., Room 2A, Washington, DC LLC.
Castlebridge Energy ER11–4629–000 required to file a new application for
20426, or by calling (202) 502–8371. market-based rate authority if it wishes
m. Individuals desiring to be included Group LLC.
Intercom Energy, Inc. ....... ER11–125–000 to resume making sales at market-based
on the Commission’s mailing list should Chesapeake Renewable ER13–28–001 rates.3
so indicate by writing to the Secretary Energy LLC.
of the Commission. 4. The Commission further stated that,
EmpireCo Limited Partner- ER11–2882–001
n. Comments, Protests, or Motions to ship. [o]nce this rule becomes effective, the
Intervene: Anyone may submit requirement to comply with this rule
comments, a protest, or a motion to 1. Section 205 of the Federal Power will supersede the conditions in public
intervene in accordance with the Act (FPA), 16 U.S.C. 824d (2012), and utilities’ market-based rate
requirements of Rules of Practice and 18 CFR part 35 (2017), require, among authorizations, and failure to comply
Procedure, 18 CFR 385.210, .211, and other things, that all rates, terms, and with the requirements of this rule will
.214. In determining the appropriate conditions for jurisdictional services be subject public utilities to the same
action to take, the Commission will filed with the Commission. In Order No. consequences they would face for not
consider all protests or other comments 2001, the Commission revised its public satisfying the conditions in their rate
filed, but only those who file a motion utility filing requirements and authorizations, including possible
to intervene in accordance with the established a requirement for public revocation of their authority to make
Commission’s Rules may become a utilities, including power marketers, to wholesale power sales at market-based
party to the proceeding. Any comments, file Electric Quarterly Reports.1 rates.4
protests, or motions to intervene must 2. The Commission requires sellers
with market-based rate authorization to 5. Pursuant to these requirements, the
be received on or before the specified
file Electric Quarterly Reports Commission has revoked the market-
comment date for the particular
summarizing contractual and based rate tariffs of market-based rate
application.
o. Filing and Service of Responsive transaction information related to their
2 See Refinements to Policies and Procedures for
Documents: All filings must bear in all
Market-Based Rates for Wholesale Sales of Electric
capital letters the title COMMENTS, 1 Revised Public Utility Filing Requirements, Energy, Capacity and Ancillary Services by Public
PROTESTS, and MOTIONS TO Order No. 2001, FERC Stats. & Regs. ¶ 31,127, reh’g
Utilities, Order No. 816, FERC Stats. & Regs. ¶
denied, Order No. 2001–A, 100 FERC ¶ 61,074,
INTERVENE, as applicable, and the reh’g denied, Order No. 2001–B, 100 FERC ¶
31,374 (2015), order on reh’g, Order No. 816–A, 155
Docket Number of the particular FERC ¶ 61,188 (2016); Market-Based Rates for
61,342, order directing filing, Order No. 2001–C,
Wholesale Sales of Electric Energy, Capacity and
application to which the filing refers. A 101 FERC ¶ 61,314 (2002), order directing filing,
Ancillary Services by Public Utilities, Order No.
copy of any Motion to Intervene must Order No. 2001–D, 102 FERC ¶ 61,334, order
refining filing requirements, Order No. 2001–E, 105 697, FERC Stats. & Regs. ¶ 31,252, at P 3, clarified,
also be served upon each representative FERC ¶ 61,352 (2003), order on clarification, Order 121 FERC ¶ 61,260 (2007), order on reh’g, Order No.
697–A, FERC Stats. & Regs. ¶ 31,268, clarified, 124
asabaliauskas on DSKBBXCHB2PROD with NOTICES
of the Applicant specified in the No. 2001–F, 106 FERC ¶ 61,060 (2004), order
revising filing requirements, Order No. 2001–G, 120 FERC ¶ 61,055, order on reh’g, Order No. 697–B,
particular application. FERC Stats. & Regs. ¶ 31,285 (2008), order on reh’g,
p. Agency Comments: Federal, state, FERC ¶ 61,270, order on reh’g and clarification,
Order No. 2001–H, 121 FERC ¶ 61,289 (2007), order Order No. 697–C, FERC Stats. & Regs. ¶ 31,291
and local agencies are invited to file revising filing requirements, Order No. 2001–I, (2009), order on reh’g, Order No. 697–D, FERC
comments on the described application. FERC Stats. & Regs. ¶ 31,282 (2008). See also Filing Stats. & Regs. ¶ 31,305 (2010), aff’d sub nom. Mont.
Requirements for Electric Utility Service Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir.
A copy of the application may be 2011), cert. denied, 133 S. Ct. 26 (2012).
Agreements, 155 FERC ¶ 61,280, order on reh’g and
obtained by agencies directly from the clarification, 157 FERC ¶ 61,180 (2016) (clarifying 3 Order No. 2001, FERC Stats. & Regs. ¶ 31,127
Applicant. If an agency does not file Electric Quarterly Reports reporting requirements at P 222.
comments within the time specified for and updating Data Dictionary). 4 Id. P 223.
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![56014 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices
sellers that failed to submit their Secretary is hereby directed, upon intervene, and protests must be served
Electric Quarterly Reports.5 expiration of the filing deadline in this on the Complainant.
6. Sellers must file Electric Quarterly order, to promptly issue a notice, The Commission encourages
Reports consistent with the procedures effective on the date of issuance, listing electronic submission of protests and
set forth in Order Nos. 2001, 768,6 and the public utilities whose tariffs have interventions in lieu of paper using the
770.7 The exact filing dates for Electric been revoked for failure to comply with eFiling link at http://www.ferc.gov.
Quarterly Reports are prescribed in 18 the requirements of this order and the Persons unable to file electronically
CFR 35.10b (2017). As noted above, Commission’s Electric Quarterly Report should submit an original and 5 copies
Commission staff’s review of the filing requirements. of the protest or intervention to the
Electric Quarterly Reports for the period (B) The Secretary is hereby directed to Federal Energy Regulatory Commission,
up to the second quarter of 2017 publish this order in the Federal 888 First Street NE., Washington, DC
identified seven public utilities with Register. 20426.
market-based rate authorization that By the Commission. This filing is accessible on-line at
failed to file Electric Quarterly Reports. http://www.ferc.gov, using the eLibrary
Issued: November 20, 2017.
Commission staff contacted or link and is available for review in the
Kimberly D. Bose,
attempted to contact these entities to Commission’s Public Reference Room in
remind them of their regulatory Secretary. Washington, DC. There is an
obligations. Despite these reminders, the [FR Doc. 2017–25485 Filed 11–24–17; 8:45 am] eSubscription link on the Web site that
public utilities listed in the caption of BILLING CODE 6717–01–P enables subscribers to receive email
this order have not met these notification when a document is added
obligations. Accordingly, this order to a subscribed docket(s). For assistance
notifies these public utilities that their DEPARTMENT OF ENERGY with any FERC Online service, please
market-based rate authorizations will be email FERCOnlineSupport@ferc.gov, or
Federal Energy Regulatory
revoked unless they comply with the call (866) 208–3676 (toll free). For TTY,
Commission
Commission’s requirements within 15 call (202) 502–8659.
days of the issuance of this order. [Docket No. EL18–31–000] Comment Date: 5:00 p.m. Eastern
7. In the event that any of the above- Time on December 7, 2017.
captioned market-based rate sellers has Notice of Complaint; Clear River
Dated: November 20, 2017.
already filed its Electric Quarterly Energy Center LLC v. ISO New
England Inc., New England Power Kimberly D. Bose,
Reports in compliance with the Secretary.
Commission’s requirements, its Company, New England Participating
Transmission Owners [FR Doc. 2017–25484 Filed 11–24–17; 8:45 am]
inclusion herein is inadvertent. Such
BILLING CODE 6717–01–P
market-based rate seller is directed, Take notice that on November 17,
within 15 days of the date of issuance 2017, pursuant to section 206 of the
of this order, to make a filing with the Federal Power Act, 16 U.S.C. 824e, and DEPARTMENT OF ENERGY
Commission identifying itself and Rule 206 of the Federal Energy
providing details about its prior filings Regulatory Commission’s (Commission) Federal Energy Regulatory
that establish that it complied with the Rules of Practice and Procedure, 18 CFR Commission
Commission’s Electric Quarterly Report 385.206, Clear River Energy Center LLC,
filing requirements. [Docket No. CP18–13–000]
(Complainant) filed a formal complaint
8. If any of the above-captioned against ISO New England Inc. (ISO–NE), Notice of Application; Columbia Gas
market-based rate sellers does not wish New England Power Company, New Transmission, LLC
to continue having market-based rate England Participating Transmission
authority, it may file a notice of Owners (collectively, Respondents) Take notice that on November 3,
cancellation with the Commission alleging that ISO–NE’s Transmission, 2017, Columbia Gas Transmission, LLC
pursuant to section 205 of the FPA to Markets and Services Tariff is unjust (Columbia Gas), 700 Louisiana Street,
cancel its market-based rate tariff. and unreasonable, anticompetitive and Suite 700, Houston, Texas 77002–2700,
The Commission orders: unduly discriminatory, all as more fully filed in Docket No. CP18–13–000, an
(A) Within 15 days of the date of explained in the complaint. application under sections 7(b) and 7(c)
issuance of this order, each public Complainants certifies that a copy of of the Natural Gas Act for the proposed
utility listed in the caption of this order the complaint was served on Line 8000 Replacement Project (Project).
shall file with the Commission all respondents. Specifically, Columbia Gas requests
delinquent Electric Quarterly Reports. If Any person desiring to intervene or to authorization to: (i) Replace
a public utility subject to this order fails protest this filing must file in approximately 14 miles of bare steel
to make the filings required in this accordance with Rules 211 and 214 of pipeline; and (ii) abandon multiple taps,
order, the Commission will revoke that the Commission’s Rules of Practice and all located in Mineral County, West
public utility’s market-based rate Procedure (18 CFR 385.211 and Virginia and Allegany County,
authorization and will terminate its 385.214). Protests will be considered by Maryland, all as more fully set forth in
electric market-based rate tariff. The the Commission in determining the the application which is on file with the
asabaliauskas on DSKBBXCHB2PROD with NOTICES
5 See, e.g., Electric Quarterly Reports, 80 FR
appropriate action to be taken, but will Commission and open to public
58,243 (Sep. 28, 2015); Electric Quarterly Reports,
not serve to make protestants parties to inspection. The project costs
79 FR 65,651 (Nov. 5, 2014). the proceeding. Any person wishing to approximately $18.2 million and
6 Electricity Market Transparency Provisions of become a party must file a notice of Columbia Gas requests pre-
Section 220 of the Federal Power Act, Order No. intervention or motion to intervene, as determination of rolled-in rate treatment
768, FERC Stats. & Regs. ¶ 31,336 (2012), order on appropriate. The Respondents’ answer and surcharges. The Project is part of
reh’g, Order No. 768–A, 143 FERC ¶ 61,054 (2013).
7 Revisions to Electric Quarterly Report Filing and all interventions, or protests must Columbia Gas’s multi-year,
Process, Order No. 770, FERC Stats. & Regs. ¶ be filed on or before the comment date. comprehensive modernization program
31,338 (2012). The Respondents’ answer, motions to to address its aging infrastructure. This
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Document Created: 2017-11-25 01:08:41
Document Modified: 2017-11-25 01:08:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 56013 |
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