83 FR 22659 - Portland General Electric Company; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 83, Issue 95 (May 16, 2018)

Page Range		22659-22660
FR Document		2018-10442

Federal Register, Volume 83 Issue 95 (Wednesday, May 16, 2018)

[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22659-22660]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10442]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2195-161]


Portland General Electric Company; Notice of Application Accepted 
for Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Amendment Application.
    b. Project No.: 2195-161.
    c. Date Filed: March 16 and 19, 2018, and supplemented April 4, 18 
and May 2, 2018.
    d. Applicant: Portland General Electric Company.
    e. Name of Project: Clackamas River Hydroelectric Project.
    f. Location: Clackamas River in Clackamas County, Oregon.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: John Esler, Project Manager, Portland General 
Electric Company, 121 SW Salmon St., Portland, Oregon 97204. Telephone: 
(503) 464-8563, or email address: [email protected]
    i. FERC Contact: Mark Pawlowski, telephone: (202) 502-6052, or 
email address: [email protected].
    j. Deadline for filing comments, motions to intervene, and 
protests, is 30 days from the issuance date of this notice by the 
Commission. The Commission strongly encourages electronic filing. 
Please file comments, motions to intervene, and protests using the 
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 
characters, without prior registration, using the eComment system at 
http://www.ferc.gov/doc-sfiling/ecomment.asp. You must include your 
name and contact information at the end of your comments. For 
assistance, please contact FERC Online Support at 
[email protected], (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to: 
Secretary, Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426. The first page of any filing should include 
docket number P-2195-161.
    k. Description of Request: Portland General Electric Company 
(licensee) proposes to: Rebuild the Faraday development powerhouse to 
improve its seismic stability; remove existing turbine units 1, 2, 3, 
4, and 5 and replace them with two more efficient Kaplan turbine units; 
install features to prevent the powerhouse from flooding during high 
flow events. The licensee would replace the 8-foot diameter penstocks 
for units 1 through 4 and the 9-foot diameter penstock for unit 5 with 
two 9-foot diameter penstocks. The licensee would continue to use the 
8-foot diameter intakes for units 2 through 5 and cap intake 1 because 
it will no longer be used. The licensee proposes to replace trashracks 
for intakes 4 and 5 and automate the existing manual trashrack rakes.
    l. Locations of the Application: A copy of the application is 
available for inspection and reproduction at the Commission's Public 
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC 
20426, or by calling (202) 502-8371. This filing may also be viewed on 
the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits 
in the docket number field to access the document. You may also 
register online at http://www.ferc.gov/docs-filing/esubscription.asp to 
be notified via email of new filings and issuances related to this or 
other pending projects. For assistance, call 1-866-208- 3676 or email 
[email protected], for TTY, call (202) 502-8659. A copy is 
also available for inspection and reproduction at the address in item 
(h) above.
    m. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Motions to Intervene, or Protests: Anyone may submit 
comments, a motion to intervene, or a protest in accordance with the 
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, 
.214. In determining the appropriate action to take, the Commission 
will consider all protests or other comments filed, but only those who 
file a motion to intervene in accordance with the Commission's Rules 
may become a party to the proceeding. Any comments, motions to 
intervene, or protests must be received on or before the specified 
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1) 
bear in all capital letters the title ``COMMENTS'', ``MOTION TO 
INTERVENE'', or ``PROTEST'' as applicable; (2) set forth in the heading 
the name of the applicant and the project number(s) of the application 
to which the filing responds; (3) furnish the name, address, and 
telephone number of the person intervening or protesting; and (4) 
otherwise comply with the requirements of 18 CFR 385.2001 through 
385.2005. All comments, motions to intervene, or protests must set 
forth their evidentiary basis and otherwise comply with the 
requirements of 18 CFR 4.34(b). All comments, motions to intervene, or 
protests should relate to project works which are the subject of the 
application. Agencies may obtain copies of the application directly 
from the applicant.

[[Page 22660]]

A copy of any motion to intervene or protest must be served upon each 
representative of the applicant specified in the particular 
application. If an intervener files comments or documents with the 
Commission relating to the merits of an issue that may affect the 
responsibilities of a particular resource agency, they must also serve 
a copy of the document on that resource agency. A copy of all other 
filings in reference to this application must be accompanied by proof 
of service on all persons listed in the service list prepared by the 
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 
385.2010.

    Dated: May 9, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-10442 Filed 5-15-18; 8:45 am]
BILLING CODE 6717-01-P

Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices 22659

Description: § 4(d) Rate Filing: Neg a. Type of Application: Amendment and automate the existing manual
Rate 2018–05–09 Citadel A1 to be Application. trashrack rakes.
effective 5/9/2018. b. Project No.: 2195–161. l. Locations of the Application: A
Filed Date: 5/9/18. c. Date Filed: March 16 and 19, 2018, copy of the application is available for
Accession Number: 20180509–5103. and supplemented April 4, 18 and May inspection and reproduction at the
Comments Due: 5 p.m. ET 5/21/18. 2, 2018. Commission’s Public Reference Room,
Docket Numbers: RP18–762–001. d. Applicant: Portland General located at 888 First Street NE, Room 2A,
Applicants: El Paso Natural Gas Electric Company. Washington, DC 20426, or by calling
Company, L.L.C. e. Name of Project: Clackamas River (202) 502–8371. This filing may also be
Description: Tariff Amendment: Hydroelectric Project. viewed on the Commission’s website at
Supplement to Clarifications to Request f. Location: Clackamas River in http://www.ferc.gov/docs-filing/
for Services and Pro Forma Filing to be Clackamas County, Oregon. elibrary.asp. Enter the docket number
effective 6/1/2018. g. Filed Pursuant to: Federal Power excluding the last three digits in the
Filed Date: 5/10/18. docket number field to access the
Accession Number: 20180510–5001. Act, 16 U.S.C. 791a–825r.
h. Applicant Contact: John Esler, document. You may also register online
Comments Due: 5 p.m. ET 5/22/18. at http://www.ferc.gov/docs-filing/
Project Manager, Portland General
Docket Numbers: RP18–810–000. esubscription.asp to be notified via
Applicants: Natural Gas Pipeline Electric Company, 121 SW Salmon St.,
Portland, Oregon 97204. Telephone: email of new filings and issuances
Company of America. related to this or other pending projects.
Description: § 4(d) Rate Filing: Update (503) 464–8563, or email address:
john.esler@pgn.com For assistance, call 1–866–208- 3676 or
Filing—Removal of Expired Agreements email FERCOnlineSupport@ferc.gov, for
May 2018 to be effective 6/11/2018. i. FERC Contact: Mark Pawlowski,
telephone: (202) 502–6052, or email TTY, call (202) 502–8659. A copy is also
Filed Date: 5/10/18. available for inspection and
Accession Number: 20180510–5000. address: mark.pawlowski@ferc.gov.
reproduction at the address in item (h)
Comments Due: 5 p.m. ET 5/22/18. j. Deadline for filing comments,
above.
The filings are accessible in the motions to intervene, and protests, is 30 m. Individuals desiring to be included
Commission’s eLibrary system by days from the issuance date of this on the Commission’s mailing list should
clicking on the links or querying the notice by the Commission. The so indicate by writing to the Secretary
docket number. Commission strongly encourages of the Commission.
Any person desiring to intervene or electronic filing. Please file comments, n. Comments, Motions to Intervene, or
protest in any of the above proceedings motions to intervene, and protests using Protests: Anyone may submit
must file in accordance with Rules 211 the Commission’s eFiling system at comments, a motion to intervene, or a
and 214 of the Commission’s http://www.ferc.gov/docs-filing/ protest in accordance with the
Regulations (18 CFR 385.211 and efiling.asp. Commenters can submit requirements of Rules of Practice and
385.214) on or before 5:00 p.m. Eastern brief comments up to 6,000 characters, Procedure, 18 CFR 385.210, .211, .214.
time on the specified comment date. without prior registration, using the In determining the appropriate action to
Protests may be considered, but eComment system at http:// take, the Commission will consider all
intervention is necessary to become a www.ferc.gov/doc-sfiling/ protests or other comments filed, but
party to the proceeding. ecomment.asp. You must include your only those who file a motion to
eFiling is encouraged. More detailed name and contact information at the end intervene in accordance with the
information relating to filing of your comments. For assistance, Commission’s Rules may become a
requirements, interventions, protests, please contact FERC Online Support at party to the proceeding. Any comments,
service, and qualifying facilities filings FERCOnlineSupport@ferc.gov, (866) motions to intervene, or protests must
can be found at: http://www.ferc.gov/ 208–3676 (toll free), or (202) 502–8659 be received on or before the specified
docs-filing/efiling/filing-req.pdf. For (TTY). In lieu of electronic filing, please comment date for the particular
other information, call (866) 208–3676 send a paper copy to: Secretary, Federal application.
(toll free). For TTY, call (202) 502–8659. Energy Regulatory Commission, 888 o. Filing and Service of Responsive
Dated: May 10, 2018. First Street NE, Washington, DC 20426. Documents: Any filing must (1) bear in
Nathaniel J. Davis, Sr., The first page of any filing should all capital letters the title
include docket number P–2195–161. ‘‘COMMENTS’’, ‘‘MOTION TO
Deputy Secretary.
k. Description of Request: Portland INTERVENE’’, or ‘‘PROTEST’’ as
[FR Doc. 2018–10398 Filed 5–15–18; 8:45 am]
General Electric Company (licensee) applicable; (2) set forth in the heading
BILLING CODE 6717–01–P
proposes to: Rebuild the Faraday the name of the applicant and the
development powerhouse to improve its project number(s) of the application to
seismic stability; remove existing which the filing responds; (3) furnish
DEPARTMENT OF ENERGY
turbine units 1, 2, 3, 4, and 5 and the name, address, and telephone
Federal Energy Regulatory replace them with two more efficient number of the person intervening or
Commission Kaplan turbine units; install features to protesting; and (4) otherwise comply
prevent the powerhouse from flooding with the requirements of 18 CFR
[Project No. 2195–161] during high flow events. The licensee 385.2001 through 385.2005. All
would replace the 8-foot diameter comments, motions to intervene, or
Portland General Electric Company;
penstocks for units 1 through 4 and the protests must set forth their evidentiary
sradovich on DSK3GMQ082PROD with NOTICES

Notice of Application Accepted for
9-foot diameter penstock for unit 5 with basis and otherwise comply with the
Filing, Soliciting Comments, Motions
two 9-foot diameter penstocks. The requirements of 18 CFR 4.34(b). All
To Intervene, and Protests
licensee would continue to use the 8- comments, motions to intervene, or
Take notice that the following foot diameter intakes for units 2 through protests should relate to project works
hydroelectric application has been filed 5 and cap intake 1 because it will no which are the subject of the application.
with the Commission and is available longer be used. The licensee proposes to Agencies may obtain copies of the
for public inspection: replace trashracks for intakes 4 and 5 application directly from the applicant.

VerDate Sep<11>2014 17:34 May 15, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\16MYN1.SGM 16MYN1

22660 Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices

A copy of any motion to intervene or (Orangeburg) regarding certain certain regulatory conditions that the
protest must be served upon each regulatory conditions in the JDA that parties agreed to include in the JDA
representative of the applicant specified Duke Energy Carolinas and CP&L agreed pursuant to proceedings before North
in the particular application. If an to include pursuant to proceedings Carolina Commission, pertain to retail
intervener files comments or documents before the North Carolina Public ratemaking and, therefore, should be
with the Commission relating to the Utilities Commission (North Carolina removed from the agreement.9
merits of an issue that may affect the Commission). As discussed below, we 4. Orangeburg requested rehearing,
responsibilities of a particular resource establish a briefing schedule to develop which the Commission denied in the
agency, they must also serve a copy of a better record on which to make a JDA Rehearing Order.10 In that order,
the document on that resource agency. determination on these two issues. the Commission affirmed its finding that
A copy of all other filings in reference the JDA’s pricing methodology (i.e.,
to this application must be accompanied I. Background allocating the lowest cost resources to
by proof of service on all persons listed A. Case History serve the parties’ native loads, while
in the service list prepared by the allocating the higher cost resources to
2. The history of this case is off-system sales (non-native load
Commission in this proceeding, in
recounted at length in earlier customers)) is just and reasonable.11 In
accordance with 18 CFR 4.34(b) and
385.2010. Commission orders.4 addition, the Commission held that this
3. As relevant here, in 2012, Duke methodology does not unduly
Dated: May 9, 2018. Energy Corporation (Duke) and Progress discriminate against Orangeburg, which
Kimberly D. Bose, Energy, Inc. (Progress) filed on behalf of is neither a native-load customer of
Secretary. Duke Energy Carolinas and CP&L a JDA Duke Energy Carolinas nor CP&L.12
[FR Doc. 2018–10442 Filed 5–15–18; 8:45 am] that provided for the joint dispatch of With that determination, the
BILLING CODE 6717–01–P Duke Energy Carolinas’ and CP&L’s Commission declined to make a finding
respective generation facilities to serve with respect to Orangeburg’s other
their loads.5 In accepting the JDA, the arguments, such as the lawfulness of the
DEPARTMENT OF ENERGY Commission found that the allocation of North Carolina Commission’s regulatory
the lowest energy cost under the JDA to conditions.13
Federal Energy Regulatory the native-load customers of Duke
Commission Energy Carolinas and CP&L is not B. D.C. Circuit Remand
[Docket Nos. ER12–1338–003; ER12–1347– unduly discriminatory.6 The 5. In Orangeburg v. FERC, the court
004] Commission stated that this finding was stated that, in accepting the JDA, the
consistent with Order No. 2000, Commission approved certain
Order Establishing Briefing Schedule: wherein it acknowledged that ‘‘in areas provisions that established disparate
Duke Energy Corporation Progress without retail choice, state commissions treatment between native-load and non-
Energy, Inc.; Carolina Power & Light have the authority to ‘require a utility to native-load wholesale customers.14 The
Company sell its lowest cost power to native load, court stated that, ‘‘according to
Before Commissioners: Kevin J. McIntyre, as [they] always [have].’ ’’ 7 Also, the Orangeburg, these JDA provisions
Chairman; Cheryl A. LaFleur, Neil Commission found that sections 3.2 operate against the backdrop of [the
Chatterjee, Robert F. Powelson, and (c)(ii)–(iv) of the JDA,8 which listed North Carolina Commission’s]
Richard Glick. functional veto over which wholesale
1. On July 14, 2017, the United States
4 City of Orangeburg, South Carolina, 151 FERC
customers fit into the former category.
61,241, PP 3–10 (2015) (dismissing Orangeburg’s The court stated that, for the orders to
Court of Appeals for the District of petition for declaratory order); JDA Order, 139
Columbia (D.C. Circuit) issued a FERC 61,193 at PP 2–4; JDA Rehearing Order, 151
survive review, the Commission must
decision,1 vacating in part the FERC 61,242 at 2–4. have offer[ed] a valid reason for the
Commission’s acceptance of a Joint 5 The JDA provides that the savings from the joint disparity between native load and non-
Dispatch Agreement (JDA) between
dispatch—in fuel, purchased power, and related native load wholesale customers ‘‘under
savings—will go directly to retail and wholesale these circumstances.15 The court found
Duke Energy Carolinas, LLC (Duke customers in North Carolina and South Carolina.
Energy Carolinas) and Carolina Power & JDA Order, 139 FERC 61,193 at P 6. that the Commission’s exclusive
6 Id. P 45.
Light Company (CP&L) 2 and remanding
7 Id. P 45 (quoting from Regional Transmission costs for retail ratemaking and regulatory
the matter to the Commission for further accounting and reporting purposes is preempted
Organizations, Order No. 2000, FERC Stats. & Regs.
consideration. The court found that 31,089 (1999) (Order No. 2000), order on reh’g, and [Duke Energy Carolinas] and [CP&L] will bear
certain provisions in the JDA result in Order No. 2000–A, FERC Stats. & Regs. 31,092 the full risk of any preemptive effects of federal law
disparate rate treatment between native- (2000), aff’d sub nom. Pub. Util. Dist. No. 1 of with respect to this Agreement.
Snohomish County, Washington v. FERC, 272 F.3d JDA Order, 139 FERC 61,193 at P 23.
load and non-native-load wholesale 9 Id. P 37. Also, the Commission noted that
607 (D.C. Cir. 2001)).
customers and that the Commission had 8 Section 3.2 (c)(ii)–(iv) of the JDA states: ‘‘beyond requiring the removal of these provisions
not offered a valid reason for such a (ii) Neither [Duke Energy Carolinas] nor [CP&L] from the JDA, we offer no view on the North
disparity.3 Also, the court found that the may make or incur a charge under this Agreement Carolina Commission’s authority to impose or apply
Commission failed to sufficiently except in accordance with North Carolina law and such requirements in its proceeding.’’ Id.
10 JDA Rehearing Order, 151 FERC 61,242 at P 1.
respond to several arguments raised by the rules, regulations and orders of the [North
11 Id. PP 12–13.
Carolina Commission] promulgated thereunder;
the City of Orangeburg, South Carolina (iii) Neither [Duke Energy Carolinas] nor [CP&L] 12 Id. at P 13.

may seek to reflect in its North Carolina retail rates 13 Id.
sradovich on DSK3GMQ082PROD with NOTICES

1 Orangeburg, South Carolina v. FERC, 862 F.3d
(i) any costs incurred under this Agreement 14 Orangeburg v. FERC, 862 F.3d at 1074, 1081
1071 (D.C. Cir. 2017) (Orangeburg v. FERC). exceeding the amount allowed by the [North (wholesale customers are treated differently based
2 Duke Energy Corp., 139 FERC 61,193 (2012) Carolina Commission] or (ii) any revenue level on their native-load status. . . . The JDA divides
(JDA Order), order denying reh’g, 151 FERC 61,242 earned under the Agreement other than the amount the world into two categories of customers: Native
(2015) (JDA Rehearing Order) (together, JDA imputed by the [North Carolina Commission]; and load and non-native load. Only native-load
Orders). (iv) Neither [Duke Energy Carolinas] nor [CP&L] customers—including wholesale customers—enjoy
3 Orangeburg v. FERC, 862 F.3d at 1084 (citing will assert in any forum that the [North Carolina access to the most reliable and lowest cost power.’’).
Black Oak Energy, LLC v. FERC, 725 F.3d 230, 239 Commission’s] authority to assign, allocate, make 15 Id. at 1084 (citing Black Oak Energy, 725 F.3d

(D.C. Cir. 2013) (Black Oak)). pro forma adjustments to or disallow revenues or at 239) (internal quotation marks omitted).

VerDate Sep<11>2014 17:34 May 15, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\16MYN1.SGM 16MYN1

Document Created: 2018-11-02 09:13:28
Document Modified: 2018-11-02 09:13:28

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		83 FR 22659

83 FR 22659 - Portland General Electric Company; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

DEPARTMENT OF ENERGYFederal Energy Regulatory Commission

Federal Register Volume 83, Issue 95 (May 16, 2018)

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission