Portland General Electric Company; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests, 22659-22660 [2018-10442]
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Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices
Description: § 4(d) Rate Filing: Neg
Rate 2018–05–09 Citadel A1 to be
effective 5/9/2018.
Filed Date: 5/9/18.
Accession Number: 20180509–5103.
Comments Due: 5 p.m. ET 5/21/18.
Docket Numbers: RP18–762–001.
Applicants: El Paso Natural Gas
Company, L.L.C.
Description: Tariff Amendment:
Supplement to Clarifications to Request
for Services and Pro Forma Filing to be
effective 6/1/2018.
Filed Date: 5/10/18.
Accession Number: 20180510–5001.
Comments Due: 5 p.m. ET 5/22/18.
Docket Numbers: RP18–810–000.
Applicants: Natural Gas Pipeline
Company of America.
Description: § 4(d) Rate Filing: Update
Filing—Removal of Expired Agreements
May 2018 to be effective 6/11/2018.
Filed Date: 5/10/18.
Accession Number: 20180510–5000.
Comments Due: 5 p.m. ET 5/22/18.
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 comment date.
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/
docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
Dated: May 10, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018–10398 Filed 5–15–18; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
sradovich on DSK3GMQ082PROD with NOTICES
[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:
VerDate Sep<11>2014
17:34 May 15, 2018
Jkt 244001
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:
john.esler@pgn.com
i. FERC Contact: Mark Pawlowski,
telephone: (202) 502–6052, or email
address: mark.pawlowski@ferc.gov.
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
https://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 https://
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
FERCOnlineSupport@ferc.gov, (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 8foot 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
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
22659
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
https://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 https://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.
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.
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
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
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket Nos. ER12–1338–003; ER12–1347–
004]
Order Establishing Briefing Schedule:
Duke Energy Corporation Progress
Energy, Inc.; Carolina Power & Light
Company
Before Commissioners: Kevin J. McIntyre,
Chairman; Cheryl A. LaFleur, Neil
Chatterjee, Robert F. Powelson, and
Richard Glick.
sradovich on DSK3GMQ082PROD with NOTICES
1. On July 14, 2017, the United States
Court of Appeals for the District of
Columbia (D.C. Circuit) issued a
decision,1 vacating in part the
Commission’s acceptance of a Joint
Dispatch Agreement (JDA) between
Duke Energy Carolinas, LLC (Duke
Energy Carolinas) and Carolina Power &
Light Company (CP&L) 2 and remanding
the matter to the Commission for further
consideration. The court found that
certain provisions in the JDA result in
disparate rate treatment between nativeload and non-native-load wholesale
customers and that the Commission had
not offered a valid reason for such a
disparity.3 Also, the court found that the
Commission failed to sufficiently
respond to several arguments raised by
the City of Orangeburg, South Carolina
1 Orangeburg, South Carolina v. FERC, 862 F.3d
1071 (D.C. Cir. 2017) (Orangeburg v. FERC).
2 Duke Energy Corp., 139 FERC 61,193 (2012)
(JDA Order), order denying reh’g, 151 FERC 61,242
(2015) (JDA Rehearing Order) (together, JDA
Orders).
3 Orangeburg v. FERC, 862 F.3d at 1084 (citing
Black Oak Energy, LLC v. FERC, 725 F.3d 230, 239
(D.C. Cir. 2013) (Black Oak)).
VerDate Sep<11>2014
17:34 May 15, 2018
Jkt 244001
(Orangeburg) regarding certain
regulatory conditions in the JDA that
Duke Energy Carolinas and CP&L agreed
to include pursuant to proceedings
before the North Carolina Public
Utilities Commission (North Carolina
Commission). As discussed below, we
establish a briefing schedule to develop
a better record on which to make a
determination on these two issues.
I. Background
A. Case History
2. The history of this case is
recounted at length in earlier
Commission orders.4
3. As relevant here, in 2012, Duke
Energy Corporation (Duke) and Progress
Energy, Inc. (Progress) filed on behalf of
Duke Energy Carolinas and CP&L a JDA
that provided for the joint dispatch of
Duke Energy Carolinas’ and CP&L’s
respective generation facilities to serve
their loads.5 In accepting the JDA, the
Commission found that the allocation of
the lowest energy cost under the JDA to
the native-load customers of Duke
Energy Carolinas and CP&L is not
unduly discriminatory.6 The
Commission stated that this finding was
consistent with Order No. 2000,
wherein it acknowledged that ‘‘in areas
without retail choice, state commissions
have the authority to ‘require a utility to
sell its lowest cost power to native load,
as [they] always [have].’ ’’ 7 Also, the
Commission found that sections 3.2
(c)(ii)–(iv) of the JDA,8 which listed
4 City of Orangeburg, South Carolina, 151 FERC
61,241, PP 3–10 (2015) (dismissing Orangeburg’s
petition for declaratory order); JDA Order, 139
FERC 61,193 at PP 2–4; JDA Rehearing Order, 151
FERC 61,242 at 2–4.
5 The JDA provides that the savings from the joint
dispatch—in fuel, purchased power, and related
savings—will go directly to retail and wholesale
customers in North Carolina and South Carolina.
JDA Order, 139 FERC 61,193 at P 6.
6 Id. P 45.
7 Id. P 45 (quoting from Regional Transmission
Organizations, Order No. 2000, FERC Stats. & Regs.
31,089 (1999) (Order No. 2000), order on reh’g,
Order No. 2000–A, FERC Stats. & Regs. 31,092
(2000), aff’d sub nom. Pub. Util. Dist. No. 1 of
Snohomish County, Washington v. FERC, 272 F.3d
607 (D.C. Cir. 2001)).
8 Section 3.2 (c)(ii)–(iv) of the JDA states:
(ii) Neither [Duke Energy Carolinas] nor [CP&L]
may make or incur a charge under this Agreement
except in accordance with North Carolina law and
the rules, regulations and orders of the [North
Carolina Commission] promulgated thereunder;
(iii) Neither [Duke Energy Carolinas] nor [CP&L]
may seek to reflect in its North Carolina retail rates
(i) any costs incurred under this Agreement
exceeding the amount allowed by the [North
Carolina Commission] or (ii) any revenue level
earned under the Agreement other than the amount
imputed by the [North Carolina Commission]; and
(iv) Neither [Duke Energy Carolinas] nor [CP&L]
will assert in any forum that the [North Carolina
Commission’s] authority to assign, allocate, make
pro forma adjustments to or disallow revenues or
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
certain regulatory conditions that the
parties agreed to include in the JDA
pursuant to proceedings before North
Carolina Commission, pertain to retail
ratemaking and, therefore, should be
removed from the agreement.9
4. Orangeburg requested rehearing,
which the Commission denied in the
JDA Rehearing Order.10 In that order,
the Commission affirmed its finding that
the JDA’s pricing methodology (i.e.,
allocating the lowest cost resources to
serve the parties’ native loads, while
allocating the higher cost resources to
off-system sales (non-native load
customers)) is just and reasonable.11 In
addition, the Commission held that this
methodology does not unduly
discriminate against Orangeburg, which
is neither a native-load customer of
Duke Energy Carolinas nor CP&L.12
With that determination, the
Commission declined to make a finding
with respect to Orangeburg’s other
arguments, such as the lawfulness of the
North Carolina Commission’s regulatory
conditions.13
B. D.C. Circuit Remand
5. In Orangeburg v. FERC, the court
stated that, in accepting the JDA, the
Commission approved certain
provisions that established disparate
treatment between native-load and nonnative-load wholesale customers.14 The
court stated that, ‘‘according to
Orangeburg, these JDA provisions
operate against the backdrop of [the
North Carolina Commission’s]
functional veto over which wholesale
customers fit into the former category.
The court stated that, for the orders to
survive review, the Commission must
have offer[ed] a valid reason for the
disparity between native load and nonnative load wholesale customers ‘‘under
these circumstances.15 The court found
that the Commission’s exclusive
costs for retail ratemaking and regulatory
accounting and reporting purposes is preempted
and [Duke Energy Carolinas] and [CP&L] will bear
the full risk of any preemptive effects of federal law
with respect to this Agreement.
JDA Order, 139 FERC 61,193 at P 23.
9 Id. P 37. Also, the Commission noted that
‘‘beyond requiring the removal of these provisions
from the JDA, we offer no view on the North
Carolina Commission’s authority to impose or apply
such requirements in its proceeding.’’ Id.
10 JDA Rehearing Order, 151 FERC 61,242 at P 1.
11 Id. PP 12–13.
12 Id. at P 13.
13 Id.
14 Orangeburg v. FERC, 862 F.3d at 1074, 1081
(wholesale customers are treated differently based
on their native-load status. . . . The JDA divides
the world into two categories of customers: Native
load and non-native load. Only native-load
customers—including wholesale customers—enjoy
access to the most reliable and lowest cost power.’’).
15 Id. at 1084 (citing Black Oak Energy, 725 F.3d
at 239) (internal quotation marks omitted).
E:\FR\FM\16MYN1.SGM
16MYN1
]]>Agencies
[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22659-22660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://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
https://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 https://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 https://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
