Order on Intent To Revoke Market-Based Rate Authority, 12751-12752 [2018-05975]
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Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices
required to serve copies of filed
documents on all other parties.
However, the non-party commentors
will not receive copies of all documents
filed by other parties or issued by the
Commission (except for the mailing of
environmental documents issued by the
Commission) and will not have the right
to seek court review of the
Commission’s final order.
The Commission strongly encourages
electronic filings of comments, protests
and interventions in lieu of paper using
the eFiling link at https://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.
Comment Date: 5 p.m. Eastern Time
on April 9, 2018.
Dated: March 19, 2018.
Kimberly D. Bose,
Secretary.
[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
[FR Doc. 2018–05976 Filed 3–22–18; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
4. The Commission further stated that:
Federal Energy Regulatory
Commission
Order on Intent To Revoke MarketBased Rate Authority
Before Commissioners: Kevin J. McIntyre,
Chairman; Cheryl A. LaFleur, Neil
Chatterjee, Robert F. Powelson, and
Richard Glick.
Docket Nos.
Electric Quarterly Reports
Fibrominn LLC ...................
BluCo Energy LLC .............
Alternate Power Source Inc
Atlantic Coast Energy Corporation.
ER02–2001–020
ER12–1161–002
ER12–1279–000
ER11–4550–000
ER13–734–000
amozie on DSK30RV082PROD with NOTICES
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.
VerDate Sep<11>2014
21:54 Mar 22, 2018
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 four public utilities with
market-based rate authorization have
failed to file their Electric Quarterly
Reports: Fibrominn LLC, BluCo Energy
LLC, Alternate Power Source Inc., and
Atlantic Coast Energy Corporation. 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.
3. In Order No. 2001, the Commission
stated that:
Jkt 244001
[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
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 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.
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
12751
5. Pursuant to these requirements, the
Commission has revoked the marketbased rate tariffs of market-based rate
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 third quarter of 2017 identified
four 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
5 See, e.g., Electric Quarterly Reports, 82 FR
60,976 (Dec. 26, 2017); 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),
order on reh’g, Order No. 768–B, 150 FERC ¶ 61,075
(2015).
7 Revisions to Electric Quarterly Report Filing
Process, Order No. 770, FERC Stats. & Regs. ¶
31,338 (2012).
E:\FR\FM\23MRN1.SGM
23MRN1
12752
Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices
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: March 19, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018–05975 Filed 3–22–18; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
amozie on DSK30RV082PROD with NOTICES
Filings Instituting Proceedings
Docket Number: PR18–37–000.
Applicants: ONEOK Texas Gas
Storage, L.L.C.
Description: Tariff filing per
284.123(b),(e)+(g): OTGS FERC 311 Rate
Change to be effective 3/14/2018.
Filed Date: 3/14/18.
Accession Number: 201803145060.
Comments Due: 5 p.m. ET 4/4/18.
284.123(g) Protests Due: 5 p.m. ET 5/
14/18.
Docket Numbers: CP18–107–000.
Applicants: South Pipeline Company,
LP.
Description: South Pipeline Company,
LP Application to Abandon X-Rate
Schedules between Gulf South and
Southern Natural.
Filed Date: 3/9/18.
Accession Number: 20180309–5228.
Comments Due: 5 p.m. ET 3/30/18.
Docket Numbers: RP18–244–001.
Applicants: National Fuel Gas Supply
Corporation.
Description: Compliance filing
Security Administrator Compliance
Filing to be effective 4/19/2018.
Filed Date: 3/15/18.
Accession Number: 20180315–5103.
Comments Due: 5 p.m. ET 3/27/18.
Docket Numbers: RP18–245–001.
VerDate Sep<11>2014
21:54 Mar 22, 2018
Jkt 244001
Applicants: Empire Pipeline, Inc.
Description: eTariff filing per
580(TheirDescription)DT–A: Empire
Security Admin Compliance Filing to be
effective 4/19/2018.
Filed Date: 3/15/18.
Accession Number: 20180315–5106.
Comments Due: 5 p.m. ET 3/27/18.
Docket Numbers: RP18–561–000.
Applicants: Equitrans, L.P.
Description: § 4(d) Rate Filing:
Negotiated Rate Service Agreement—BP
LPS 4/1/2018 to be effective 4/1/2018.
Filed Date: 3/15/18.
Accession Number: 20180315–5023.
Comments Due: 5 p.m. ET 3/27/18.
Docket Numbers: RP18–562–000.
Applicants: Empire Pipeline, Inc.
Description: § 4(d) Rate Filing: Fuel
Tracket Tracker (Empire tracking
Supply) 2018 to be effective 4/1/2018.
Filed Date: 3/15/18.
Accession Number: 20180315–5062.
Comments Due: 5 p.m. ET 3/27/18.
Docket Numbers: RP18–563–000.
Applicants: Rockies Express Pipeline
LLC.
Description: § 4(d) Rate Filing: Neg
Rate 2018–03–15 CP to be effective 3/
15/2018.
Filed Date: 3/15/18.
Accession Number: 20180315–5104.
Comments Due: 5 p.m. ET 3/27/18.
Docket Numbers: RP18–564–000.
Applicants: Golden Pass Pipeline
LLC.
Description: Golden Pass Pipeline
LLC submits tariff filing per 154.204:
Revision to GPPL 2018 Annual
Retainage Report to be effective 4/1/
2018.
Filed Date: 3/15/18.
Accession Number: 20180315–5107.
Comments Due: 5 p.m. ET 3/22/18.
Docket Numbers: RP18–565–000.
Applicants: RRI Energy Services, LLC,
Kestrel Acquisition, LLC.
Description: Joint Petition of RRI
Energy Services, LLC, et al. for Limited
Waiver of Capacity Release Regulations
and Tariff Provisions.
Filed Date: 3/15/18.
Accession Number: 20180315–5110.
Comments Due: 5 p.m. ET 3/27/18.
Docket Numbers: RP17–598–003.
Applicants: Great Lakes Gas
Transmission Limited Partnership.
Description: Compliance filing
Settlement Compliance to RP17–598 to
be effective 10/1/2017.
Filed Date: 3/16/18.
Accession Number: 20180316–5003.
Comments Due: 5 p.m. ET 3/28/18.
Docket Numbers: RP18–264–002.
Applicants: Destin Pipeline Company,
L.L.C.
Description: Compliance filing MidYear Fuel Retention Adjustment to be
effective 5/1/2018.
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
Filed Date: 3/16/18.
Accession Number: 20180316–5207.
Comments Due: 5 p.m. ET 3/28/18.
Docket Numbers: RP18–536–001.
Applicants: American Midstream
(Midla), LLC.
Description: Tariff Amendment:
Annual Fuel, Lost and Unaccounted-for
Gas Percentage Filing Amendment to be
effective 4/1/2018.
Filed Date: 3/16/18.
Accession Number: 20180316–5037.
Comments Due: 5 p.m. ET 3/28/18.
Docket Numbers: RP18–566–000.
Applicants: Natural Gas Pipeline
Company of America.
Description: § 4(d) Rate Filing:
Negotiated Rate Filing—to be effective
11/1/2017.
Filed Date: 3/16/18.
Accession Number: 20180316–5000.
Comments Due: 5 p.m. ET 3/28/18.
Docket Numbers: RP18–567–000.
Applicants: Algonquin Gas
Transmission, LLC.
Description: § 4(d) Rate Filing:
Negotiated Rates—Bay State release to
Sequent 796084 to be effective 5/1/2018.
Filed Date: 3/16/18.
Accession Number: 20180316–5005.
Comments Due: 5 p.m. ET 3/28/18.
Docket Numbers: RP18–568–000.
Applicants: Transcontinental Gas
Pipe Line Company.
Description: Compliance filing Pro
Forma Pooling Charges Zones 5 and 6.
Filed Date: 3/16/18.
Accession Number: 20180316–5094.
Comments Due: 5 p.m. ET 3/28/18.
Docket Numbers: RP18–569–000.
Applicants: Columbia Gulf
Transmission, LLC.
Description: Compliance filing GXP
Implementation Compliance Filing to be
effective 4/1/2018.
Filed Date: 3/16/18.
Accession Number: 20180316–5133.
Comments Due: 5 p.m. ET 3/28/18.
The filings are accessible in the
Commission’s eLibrary system by
clicking on the links or querying the
docket number.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified date(s). Protests
may be considered, but intervention is
necessary to become a party to the
proceeding.
eFiling is encouraged. More detailed
information relating to filing
requirements, interventions, protests,
service, and qualifying facilities filings
can be found at: https://www.ferc.gov/
E:\FR\FM\23MRN1.SGM
23MRN1
]]>Agencies
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12751-12752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05975]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Order on Intent To Revoke Market-Based Rate Authority
Before Commissioners: Kevin J. McIntyre, Chairman; Cheryl A.
LaFleur, Neil Chatterjee, Robert F. Powelson, and Richard Glick.
------------------------------------------------------------------------
Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports............. ER02-2001-020
Fibrominn LLC.......................... ER12-1161-002
BluCo Energy LLC....................... ER12-1279-000
Alternate Power Source Inc............. ER11-4550-000
Atlantic Coast Energy Corporation...... ER13-734-000
------------------------------------------------------------------------
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 four public utilities with market-based rate
authorization have failed to file their Electric Quarterly Reports:
Fibrominn LLC, BluCo Energy LLC, Alternate Power Source Inc., and
Atlantic Coast Energy Corporation. 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 sellers that failed to
submit their Electric Quarterly Reports.\5\
---------------------------------------------------------------------------
\5\ See, e.g., Electric Quarterly Reports, 82 FR 60,976 (Dec.
26, 2017); 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 third quarter of
2017 identified four 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),
order on reh'g, Order No. 768-B, 150 FERC ] 61,075 (2015).
\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
[[Page 12752]]
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: March 19, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-05975 Filed 3-22-18; 8:45 am]
BILLING CODE 6717-01-P
