Order on Intent To Revoke Market-Based Rate Authority, 5414-5415 [2020-01590]

Download as PDF 5414 Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices on or before the specified comment date for the particular application. o. Filing and Service of Documents: Any filing must (1) bear in all capital letters the title ‘‘COMMENTS’’, ‘‘PROTEST’’, or ‘‘MOTION TO INTERVENE’’ as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; 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. Any filing made by an intervenor 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 385.2010. Dated: January 23, 2020. Kimberly D. Bose, Secretary. [FR Doc. 2020–01602 Filed 1–29–20; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY [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 Federal Energy Regulatory Commission Order on Intent To Revoke MarketBased Rate Authority Docket Nos. khammond on DSKJM1Z7X2PROD with NOTICES Electric Quarterly Reports Mint Energy, LLC ............... Westmoreland Partners ..... E–T Global Energy, LLC ... BBPC, LLC ........................ Amerigreen Energy, Inc ..... Mac Trading, Inc ................ Liberty Hill Power LLC ....... Imperial Valley Solar Company (IVSC) 1, LLC. Lexington Power & Light, LLC. Clear Choice Energy, LLC Energy Discounters, LLC .. Infinite Energy Corporation North Energy Power, LLC ER02–2001–020 ER10–1110–000 ER10–2291–001 ER11–2039–001 ER11–3028–002 ER11–3879–001 ER11–4447–000 ER12–1202–001 ER12–1170–003 ER15–455–000 ER13–183–000 ER14–663–001 ER14–2421–000 ER15–626–000 1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d (2018), and 18 CFR part 35 (2019), 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 VerDate Sep<11>2014 16:56 Jan 29, 2020 Jkt 250001 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 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 thirteen public utilities with market-based rate authorization have failed to file their Electric Quarterly Reports: Mint Energy, LLC, Westmoreland Partners, E–T Global Energy, LLC, BBPC, LLC, Amerigreen Energy, Inc., Mac Trading, Inc., Liberty Hill Power LLC, Imperial Valley Solar Company (IVSC) 1, LLC, Lexington Power & Light, LLC, Clear Choice Energy, LLC, Energy Discounters, LLC, Infinite Energy Corporation, and North Energy Power, LLC. This order notifies these public utilities that their marketbased rate authorizations will be revoked unless they comply with the Commission’s requirements within fifteen days of the date of issuance of this order. 3. In Order No. 2001, the Commission stated that, 1 Revised Pub. Util. Filing Requirements, Order No. 2001, 99 FERC ¶ 61,107, 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, 125 FERC ¶ 61,103 (2008). See also Filing Requirements for Elec. Util. Serv. 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 Elect. Energy, Capacity and Ancillary Servs. by Public Utils., Order No. 816, 153 FERC ¶ 61,065 (2015), order on reh’g, Order No. 816–A, 155 FERC ¶ 61,188 (2016); Market-Based Rates for Wholesale Sales of Elec. Energy, Capacity and Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC ¶ 61,295 (2007), at P 3, clarified, 121 FERC ¶ 61,260 (2007), order on reh’g, Order No. 697–A, 123 FERC ¶ 61,055 (2008), clarified, 124 FERC ¶ 61,055, order on reh’g, Order No. 697–B, 125 FERC ¶ 61,326 (2008), order on reh’g, Order No. 697–C, 127 FERC ¶ 61,284 (2009), order on reh’g, Order No. 697–D, 130 FERC ¶ 61,206 (2010), aff’d sub nom. Mont. Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011). PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 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 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 (2019). As noted above, Commission staff’s review of the Electric Quarterly Reports for the period up to the third quarter of 2019 identified thirteen public utilities with marketbased 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 fifteen 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 fifteen 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. 3 Order No. 2001, 99 FERC ¶ 61,107 at P 222. P 223. 5 See, e.g., Elec. Quarterly Reports, 82 FR 60,976 (Dec. 26, 2017); Elec. Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015); Elec. Quarterly Reports, 79 FR 65,651 (Nov. 5, 2014). 6 Elec. Mkt. Transparency Provisions of Section 220 of the Fed. Power Act, Order No. 768, 140 FERC ¶ 61,232 (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 See Revisions to Elec. Quarterly Report Filing Process, Order No. 770, 141 FERC ¶ 61,120 (2012). 4 Id. E:\FR\FM\30JAN1.SGM 30JAN1 Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices 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 fifteen 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: January 23, 2020. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2020–01590 Filed 1–29–20; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP20–10–000] khammond on DSKJM1Z7X2PROD with NOTICES Rover Pipeline LLC; Notice of Schedule for Environmental Review of the Wick Meter and Regulator Station Project On November 1, 2019, Rover Pipeline LLC (Rover) filed an application in Docket No. CP20–10–000 requesting a Certificate of Public Convenience and Necessity pursuant to Section 7(c) of the Natural Gas Act to construct, own, and operate a new meter station. The Wick Meter and Regulator Station Project (Project) would allow for the delivery of natural gas supplies from gathering facilities, under development by Eureka Midstream, LLC, for transportation on the Rover pipeline system, and it would be located along Rover’s Sherwood Lateral Pipeline in Tyler County, West Virginia. On November 19, 2019, the Federal Energy Regulatory Commission VerDate Sep<11>2014 16:56 Jan 29, 2020 Jkt 250001 (Commission or FERC) issued its Notice of Application for the Project. Among other things, that notice alerted agencies issuing federal authorizations of the requirement to complete all necessary reviews and to reach a final decision on a request for a federal authorization within 90 days of the date of issuance of the Commission staff’s Environmental Assessment (EA) for the Project. This instant notice identifies the FERC staff’s planned schedule for the completion of the EA for the Project. Schedule for Environmental Review Issuance of EA: March 13, 2020. 90-day Federal Authorization Decision Deadline: June 11, 2020. If a schedule change becomes necessary, additional notice will be provided so that the relevant agencies are kept informed of the Project’s progress. Project Description The Wick Meter and Regulator Station Project would consist of an ultrasonic meter skid and other ancillary facilities in Tyler County, West Virginia. The ancillary facilities would include piping and valves, electronic flow measurement devices, flow conditioners, instrumentation, telemetry, gas analysis devices, gas quality monitoring devices, flow control valves, condensate storage tank, and other related equipment. Rover would use about 2.1 acres of land to construct the station, of which 0.9 acre would be fenced and maintained for operation of the station. Background On January 21, 2020, the Commission issued a Notice of Intent to Prepare an Environmental Assessment for the Proposed Wick Meter and Regulator Station Project and Request for Comments on Environmental Issues (NOI). The NOI was sent to affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties. To date, no comments have been received in response to the NOI. All substantive comments will be addressed in the EA. Additional Information In order to receive notification of the issuance of the EA and to keep track of all formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 5415 summaries, and direct links to the documents. Go to www.ferc.gov/docsfiling/esubscription.asp. Additional information about the Project is available from the Commission’s Office of External Affairs at (866) 208–FERC or on the FERC website (www.ferc.gov). Using the eLibrary link, select General Search from the eLibrary menu, enter the selected date range and Docket Number excluding the last three digits (i.e., CP20–10), and follow the instructions. For assistance with access to eLibrary, the helpline can be reached at (866) 208–3676, TTY (202) 502–8659, or at FERCOnlineSupport@ferc.gov. The eLibrary link on the FERC website also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings. Dated: January 24, 2020. Kimberly D. Bose, Secretary. [FR Doc. 2020–01689 Filed 1–29–20; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1432–015] PB Energy, Inc.; Notice of Termination of License (Minor Project) by Implied Surrender and Soliciting Comments, Protests, and Motions To Intervene Take notice that the following hydroelectric proceeding has been initiated by the Commission: a. Type of Proceeding: Termination of License by Implied Surrender. b. Project No.: 1432–015. c. Date Initiated: January 24, 2020. d. Licensee: PB Energy, Inc. e. Name and Location of Project: The Dry Spruce Bay Hydroelectric Project located on an unnamed stream near Port Bailey in Kodiak Island Borough County, Alaska. f. Filed Pursuant to: Standard Article 24. g. Licensee Contact Information: PB Energy, Inc., P.O. Box KPY, Kodiak, Alaska 99697. h. FERC Contact: Kim Nguyen, (202) 502–6105, kim.nguyen@ferc.gov. i. Deadline for filing comments, motions to intervene and protests, is thirty (30) days from the issuance date of this notice by the Commission. The Commission strongly encourages electronic filing. Please file motions to intervene, protests, and comments using the Commission’s eFiling system at E:\FR\FM\30JAN1.SGM 30JAN1

Agencies

[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5414-5415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01590]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Order on Intent To Revoke Market-Based Rate Authority

------------------------------------------------------------------------
                                                   Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports.............  ER02-2001-020
Mint Energy, LLC.......................  ER10-1110-000
Westmoreland Partners..................  ER10-2291-001
E-T Global Energy, LLC.................  ER11-2039-001
BBPC, LLC..............................  ER11-3028-002
Amerigreen Energy, Inc.................  ER11-3879-001
Mac Trading, Inc.......................  ER11-4447-000
Liberty Hill Power LLC.................  ER12-1202-001
Imperial Valley Solar Company (IVSC) 1,  ER12-1170-003
 LLC.
Lexington Power & Light, LLC...........  ER15-455-000
Clear Choice Energy, LLC...............  ER13-183-000
Energy Discounters, LLC................  ER14-663-001
Infinite Energy Corporation............  ER14-2421-000
North Energy Power, LLC................  ER15-626-000
------------------------------------------------------------------------

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d 
(2018), and 18 CFR part 35 (2019), 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 Pub. Util. Filing Requirements, Order No. 2001, 99 
FERC ] 61,107, 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, 
125 FERC ] 61,103 (2008). See also Filing Requirements for Elec. 
Util. Serv. 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 thirteen public utilities with market-based rate 
authorization have failed to file their Electric Quarterly Reports: 
Mint Energy, LLC, Westmoreland Partners, E-T Global Energy, LLC, BBPC, 
LLC, Amerigreen Energy, Inc., Mac Trading, Inc., Liberty Hill Power 
LLC, Imperial Valley Solar Company (IVSC) 1, LLC, Lexington Power & 
Light, LLC, Clear Choice Energy, LLC, Energy Discounters, LLC, Infinite 
Energy Corporation, and North Energy Power, LLC. This order notifies 
these public utilities that their market-based rate authorizations will 
be revoked unless they comply with the Commission's requirements within 
fifteen days of the date of issuance of this order.
---------------------------------------------------------------------------

    \2\ See Refinements to Policies and Procedures for Market-Based 
Rates for Wholesale Sales of Elect. Energy, Capacity and Ancillary 
Servs. by Public Utils., Order No. 816, 153 FERC ] 61,065 (2015), 
order on reh'g, Order No. 816-A, 155 FERC ] 61,188 (2016); Market-
Based Rates for Wholesale Sales of Elec. Energy, Capacity and 
Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC ] 61,295 
(2007), at P 3, clarified, 121 FERC ] 61,260 (2007), order on reh'g, 
Order No. 697-A, 123 FERC ] 61,055 (2008), clarified, 124 FERC ] 
61,055, order on reh'g, Order No. 697-B, 125 FERC ] 61,326 (2008), 
order on reh'g, Order No. 697-C, 127 FERC ] 61,284 (2009), order on 
reh'g, Order No. 697-D, 130 FERC ] 61,206 (2010), aff'd sub nom. 
Mont. Consumer Counsel v. FERC, 659 F.3d 910 (9th Cir. 2011).
---------------------------------------------------------------------------

    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\]
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    \3\ Order No. 2001, 99 FERC ] 61,107 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., Elec. Quarterly Reports, 82 FR 60,976 (Dec. 26, 
2017); Elec. Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015); Elec. 
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 (2019). As noted above, Commission staff's review of the 
Electric Quarterly Reports for the period up to the third quarter of 
2019 identified thirteen 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 fifteen 
days of the issuance of this order.
---------------------------------------------------------------------------

    \6\ Elec. Mkt. Transparency Provisions of Section 220 of the 
Fed. Power Act, Order No. 768, 140 FERC ] 61,232 (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\ See Revisions to Elec. Quarterly Report Filing Process, 
Order No. 770, 141 FERC ] 61,120 (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 fifteen 
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.

[[Page 5415]]

    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 fifteen 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: January 23, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-01590 Filed 1-29-20; 8:45 am]
 BILLING CODE 6717-01-P
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