Order on Intent To Revoke Market-Based Rate Authority, 56013-56014 [2017-25485]

Download as PDF asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices waterway; (2) would occupy public lands or reservations of the United States; (3) would utilize surplus water or water power from a government dam; or (4) would be located on a nonnavigable stream over which Congress has Commerce Clause jurisdiction and would be constructed or enlarged after 1935. l. Locations of the Application: This filing may be viewed on the Commission’s Web site 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 FERCOnlineSupport@ferc.gov, for TTY, call (202) 502–8659. A copy is also available for inspection and reproduction at the address in item (h) above and in the Commission’s Public Reference Room located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 502–8371. 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, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, and .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, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents: All filings must bear in all capital letters the title COMMENTS, PROTESTS, and MOTIONS TO INTERVENE, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any Motion to Intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments: Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for VerDate Sep<11>2014 16:59 Nov 24, 2017 Jkt 244001 filing comments, it will be presumed to have no comments. One copy of an agency’s comments must also be sent to the Applicant’s representatives. Dated: November 20, 2017. Kimberly D. Bose, Secretary. [FR Doc. 2017–25483 Filed 11–24–17; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Order on Intent To Revoke MarketBased Rate Authority Before Commissioners: Neil Chatterjee, Chairman; Cheryl A. LaFleur, and Robert F. Powelson. Docket Nos. Electric Quarterly Reports Niagara Generation, LLC C2K Energy, LLC ............. RDAF Energy Solutions, LLC. Castlebridge Energy Group LLC. Intercom Energy, Inc. ....... Chesapeake Renewable Energy LLC. EmpireCo Limited Partnership. ER02–2001–020 ER10–3154–000 ER14–1751–001 ER16–895–002 ER11–4629–000 ER11–125–000 ER13–28–001 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 2. The Commission requires sellers with market-based rate authorization to file Electric Quarterly Reports summarizing contractual and transaction information related to their 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). PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 56013 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 marketbased rate authorizations will be revoked unless they comply with the Commission’s requirements within 15 days of the date of issuance of this order. 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 marketbased 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 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 5. Pursuant to these requirements, the Commission has revoked the marketbased rate tariffs of market-based rate 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 Order No. 2001, FERC Stats. & Regs. ¶ 31,127 at P 222. 4 Id. P 223. E:\FR\FM\27NON1.SGM 27NON1 56014 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES sellers that failed to submit their Electric Quarterly Reports.5 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. 7. In the event that any of the abovecaptioned 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 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 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). VerDate Sep<11>2014 16:59 Nov 24, 2017 Jkt 244001 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 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18–31–000] Notice of Complaint; Clear River Energy Center LLC v. ISO New England Inc., New England Power Company, New England Participating Transmission Owners Take notice that on November 17, 2017, pursuant to section 206 of the Federal Power Act, 16 U.S.C. 824e, and Rule 206 of the Federal Energy Regulatory Commission’s (Commission) Rules of Practice and Procedure, 18 CFR 385.206, Clear River Energy Center LLC, (Complainant) filed a formal complaint against ISO New England Inc. (ISO–NE), New England Power Company, New England Participating Transmission Owners (collectively, Respondents) alleging that ISO–NE’s Transmission, Markets and Services Tariff is unjust and unreasonable, anticompetitive and unduly discriminatory, all as more fully explained in the complaint. Complainants certifies that a copy of the complaint was served on respondents. 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 and 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. The Respondents’ answer and all interventions, or protests must be filed on or before the comment date. The Respondents’ answer, motions to PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 intervene, and protests must be served on the Complainant. 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 FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5:00 p.m. Eastern Time on December 7, 2017. Dated: November 20, 2017. Kimberly D. Bose, Secretary. [FR Doc. 2017–25484 Filed 11–24–17; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18–13–000] Notice of Application; Columbia Gas Transmission, LLC Take notice that on November 3, 2017, Columbia Gas Transmission, LLC (Columbia Gas), 700 Louisiana Street, Suite 700, Houston, Texas 77002–2700, filed in Docket No. CP18–13–000, an application under sections 7(b) and 7(c) of the Natural Gas Act for the proposed Line 8000 Replacement Project (Project). Specifically, Columbia Gas requests authorization to: (i) Replace approximately 14 miles of bare steel pipeline; and (ii) abandon multiple taps, all located in Mineral County, West Virginia and Allegany County, Maryland, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The project costs approximately $18.2 million and Columbia Gas requests predetermination of rolled-in rate treatment and surcharges. The Project is part of Columbia Gas’s multi-year, comprehensive modernization program to address its aging infrastructure. This E:\FR\FM\27NON1.SGM 27NON1

Agencies

[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56013-56014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25485]


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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).
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    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