Combined Notice of Filings #1, 75311-75312 [2020-26083]
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Federal Register / Vol. 85, No. 228 / Wednesday, November 25, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
an employee of the private institution,
acting on behalf of the private
institution, violated its stated
institutional policy regarding freedom of
speech or academic freedom no later
than 45 calendar days after such final,
non-default judgment is entered. A final
judgment is a judgment that the
institution chooses not to appeal or that
is not subject to further appeal.1 Public
and private institutions of higher
education should submit to the
Secretary a copy of any such final, nondefault judgment by a State or Federal
court by email to freespeechjudgment@
ed.gov no later than 45 calendar days
after such final, non-default judgment is
entered.
As previously noted, the Final Rule
becomes effective November 23, 2020,
and the Department will not enforce the
Final Rule retroactively.2 Accordingly,
under 34 CFR 75.500(b) and 34 CFR
76.500(b) of the Final Rule, a public
institution does not need to submit a
copy of a final, non-default judgment by
a State or Federal court concerning
conduct that violated the First
Amendment if such conduct occurred
before November 23, 2020. Similarly,
under 34 CFR 75.500(c) and 34 CFR
76.500(c) of the Final Rule, a private
institution does not need to submit a
copy of a final, non-default judgment by
a State or Federal court concerning
conduct that violated a stated
institutional policy regarding freedom of
speech or academic freedom if such
conduct occurred before November 23,
2020. A public institution must submit
to the Secretary a copy of a final, nondefault judgment by a State or Federal
court concerning conduct that violated
the First Amendment if such conduct
occurred on or after November 23, 2020.
Similarly, a private institution must
submit to the Secretary a copy of a final,
non-default judgment by a State or
Federal court concerning conduct that
violated a stated institutional policy
regarding freedom of speech or
academic freedom if such conduct
occurred on or after November 23, 2020.
1 34 CFR 75.500(b)(1), (c)(1); 34 CFR 76.500(b)(1),
(c)(1).
2 Federal agencies authorized by statute to
promulgate rules may only create rules with
retroactive effect where the authorizing statute has
expressly granted such authority. See 5 U.S.C. 551
(referring to a ‘‘rule’’ as agency action with ‘‘future
effects’’ in the Administrative Procedure Act);
Bowen v. Georgetown Univ. Hosp., 488 U.S. 204,
208 (1988) (‘‘Retroactivity is not favored in the law.
Thus, congressional enactments and administrative
rules will not be construed to have retroactive effect
unless their language requires this result.’’).
VerDate Sep<11>2014
16:27 Nov 24, 2020
Jkt 253001
Reporting Alleged Violations of 34 CFR
75.500(d) and 34 CFR 76.500(d)—Equal
Treatment of Religious Student
Organizations at Public Institutions of
Higher Education
Under 34 CFR 75.500(d) and 34 CFR
76.500(d) of the Final Rule, a public
institution as a material condition of the
Department’s grant ‘‘shall not deny to
any student organization whose stated
mission is religious in nature and that
is at the public institution any right,
benefit, or privilege that is otherwise
afforded to other student organizations
at the public institution (including but
not limited to full access to the facilities
of the public institution, distribution of
student fee funds, and official
recognition of the student organization
by the public institution) because of the
religious student organization’s beliefs,
practices, policies, speech, membership
standards, or leadership standards,
which are informed by sincerely held
religious beliefs.’’ Anyone may report an
alleged violation of 34 CFR 75.500(d)
and 34 CFR 76.500(d) to the Department
by email at religiousliberty@ed.gov.
As explained in the preamble to the
Final Rule, an ‘‘all-comers’’ policy as
described in Christian Legal Society v.
Martinez, 561 U.S. 661 (2010), does not
violate the Final Rule’s requirement
regarding equal treatment of religious
student organizations at public
institutions in 34 CFR 75.500(d) and 34
CFR 76.500(d). A true all-comers policy
‘‘mandate[s] acceptance of all comers’’
meaning that ‘‘[s]chool-approved groups
must ‘allow any student to participate,
become a member, or seek leadership
positions in the organization, regardless
of [the student’s] status or beliefs,’ ’’ and
without any exceptions.3 A nondiscrimination policy with enumerated
protected classes is not an all-comers
policy and, therefore, cannot be applied
to prohibit religious student
organizations from having faith-based
membership or leadership criteria.4
Under the stipulated facts of Martinez,
the all-comers policy applied to all 60
groups on campus, including ‘‘political
groups (e.g., the . . . Democratic Caucus
and the . . . Republicans), religious
groups (e.g., the . . . Jewish Law
Students Association and the . . .
Association of Muslim Law Students),
groups that promote[d] social causes
(e.g., both pro-choice and pro-life
groups), groups organized around racial
or ethnic identity (e.g., the Black Law
Students Association, the Korean
American Law Society, La Raza Law
Students Association, and the Middle
3 Id.
4 Id.
PO 00000
at 671 (citations omitted).
at 678 n.10.
Frm 00029
Fmt 4703
Sfmt 4703
75311
Eastern Law Students Association), and
groups that focus[ed] on gender or
sexuality (e.g., the Clara Foltz Feminist
Association and Students Raising
Consciousness at Hastings).’’ 5 The
implications of such an all-comers
policy were that ‘‘the . . . Democratic
Caucus cannot bar students holding
Republican political beliefs from
becoming members or seeking
leadership positions in the
organization.’’ 6 With respect to a true
all-comers policy, pro-choice groups
could not bar membership or leadership
positions from pro-life individuals;
Muslim groups could not bar
membership or leadership positions
from non-Muslims; the feminist group
could not bar membership or leadership
positions from misogynists; sororities
could not bar membership or leadership
positions from males; fraternities could
not bar membership or leadership
positions from females; and so on. Such
an all-comers policy is constitutional
under Martinez and permissible under
the Final Rule, but is not required by the
U.S. Constitution, the holding in
Martinez, or the Final Rule. Indeed,
many public institutions of higher
education elect not to implement a true
all-comers policy due to these obvious
practical difficulties. Absent a true allcomers policy that is uniformly applied,
§§ 75.500(d) and 76.500(d) of the Final
Rule prevent public institutions from
failing to recognize religious student
organizations because of their faithbased membership or leadership
criteria. Whether a policy is a true ‘‘allcomers’’ policy may be challenged if the
policy or the application of the policy
results in a violation of 34 CFR
75.500(d) or 34 CFR 76.500(d). Other
policies also may be challenged if the
policy or the application of the policy
results in a violation of 34 CFR
75.500(d) and 34 CFR 76.500(d).
[FR Doc. 2020–26108 Filed 11–24–20; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings #1
Take notice that the Commission
received the following electric corporate
filings:
Docket Numbers: EC21–24–000.
Applicants: Crossing Trails Wind
Power Project LLC, Headwaters Wind
Farm II LLC.
5 Id.
6 Id.
E:\FR\FM\25NON1.SGM
at 709.
at 675.
25NON1
jbell on DSKJLSW7X2PROD with NOTICES
75312
Federal Register / Vol. 85, No. 228 / Wednesday, November 25, 2020 / Notices
Description: Application for
Authorization Under Section 203 of the
Federal Power Act, et al. of Crossing
Trails Wind Power Project LLC, et al.
Filed Date: 11/18/20.
Accession Number: 20201118–5199.
Comments Due: 5 p.m. ET 12/9/20.
Take notice that the Commission
received the following exempt
wholesale generator filings:
Docket Numbers: EG21–37–000.
Applicants: Luna Storage, LLC.
Description: Self-Certification of
Exempt Wholesale Generator of Luna
Storage, LLC.
Filed Date: 11/18/20.
Accession Number: 20201118–5185.
Comments Due: 5 p.m. ET 12/9/20.
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER11–2508–025;
ER11–2863–012; ER19–1411–001;
ER19–1412–001; ER19–1414–001;
ER19–1417–002; ER19–1865–001;
ER19–1866–001; ER19–1867–001;
ER19–1868–001; ER19–1869–001;
ER19–1870–001; ER19–1871–001;
ER19–1872–001; ER19–2140–002;
ER19–2141–002; ER19–2142–002;
ER19–2143–002; ER19–2144–002;
ER19–2145–002; ER19–2146–002;
ER19–2147–002; ER19–2148–002;
ER20–1887–001.
Applicants: GenOn Energy
Management, LLC, Blossburg Power,
LLC, Brunot Island Power, LLC, Chalk
Point Steam, LLC, GenOn Bowline, LLC,
GenOn Canal, LLC, GenOn MidAtlantic, LLC, GenOn Power Midwest,
LP, GenOn REMA, LLC, Gilbert Power,
LLC, Hamilton Power, LLC, Heritage
Power Marketing, LLC, Hunterstown
Power, LLC, Niles Power, LLC, Orrtanna
Power, LLC, New Castle Power, LLC,
Mountain Power, LLC, Portland Power,
LLC, Sayreville Power, LLC, Shawnee
Power, LLC, Shawville Power, LLC,
Titus Power, LLC, Tolna Power, LLC,
Warren Generation, LLC.
Description: Supplement to June 26,
2020 Updated Market Power Analysis
for the Northeast Region of the GenOn
Holdings, Inc. subsidiaries.
Filed Date: 11/18/20.
Accession Number: 20201118–5186.
Comments Due: 5 p.m. ET 12/9/20.
Docket Numbers: ER20–1800–002;
ER20–1799–002; ER20–1801–003.
Applicants: Techren Solar III LLC,
Techren Solar IV LLC, Techren Solar V
LLC.
Description: Notice of Non-Material
Change in Status of Techren Solar III
LLC, et al.
Filed Date: 11/18/20.
Accession Number: 20201118–5195.
Comments Due: 5 p.m. ET 12/9/20.
VerDate Sep<11>2014
16:27 Nov 24, 2020
Jkt 253001
Docket Numbers: ER21–121–001.
Applicants: PJM Interconnection,
L.L.C.
Description: Tariff Amendment: Errata
to WMPA SA No. 5825, Queue No.
AF2–401 in Docket No. ER21–121 to be
effective 9/16/2020.
Filed Date: 11/18/20.
Accession Number: 20201118–5080.
Comments Due: 5 p.m. ET 12/9/20.
Docket Numbers: ER21–434–000.
Applicants: Nevada Power Company.
Description: Compliance filing:
Market-Based Rate Tariff, Volume No.
11; WECC Price Cap to be effective 12/
31/9998.
Filed Date: 11/18/20.
Accession Number: 20201118–5052.
Comments Due: 5 p.m. ET 12/9/20.
Docket Numbers: ER21–435–000.
Applicants: Public Service Company
of Colorado.
Description: § 205(d) Rate Filing:
2020–11–18_PSC–SWF-Info-2020–09Intercon Study-614–0.0.0 to be effective
11/19/2020.
Filed Date: 11/18/20.
Accession Number: 20201118–5064.
Comments Due: 5 p.m. ET 12/9/20.
Docket Numbers: ER21–436–000.
Applicants: San Diego Gas & Electric.
Description: Annual Filing of Revised
Costs and Accruals for PostEmployment Benefits Other than
Pensions of San Diego Gas & Electric
Company.
Filed Date: 11/18/20.
Accession Number: 20201118–5174.
Comments Due: 5 p.m. ET 12/9/20.
Docket Numbers: ER21–437–000.
Applicants: AEP Texas Inc.
Description: § 205(d) Rate Filing:
AEPTX–LCRA TSC Asphalt Mines
Facilities Development Agreement to be
effective 11/11/2020.
Filed Date: 11/19/20.
Accession Number: 20201119–5011.
Comments Due: 5 p.m. ET 12/10/20.
Docket Numbers: ER21–438–000.
Applicants: PJM Interconnection,
L.L.C.
Description: § 205(d) Rate Filing:
Third Revised ISA No. 4415; Queue No.
AF2–044 to be effective 10/20/2020.
Filed Date: 11/19/20.
Accession Number: 20201119–5045.
Comments Due: 5 p.m. ET 12/10/20.
Docket Numbers: ER21–439–000.
Applicants: Moss Landing Energy
Storage 1, LLC.
Description: Baseline eTariff Filing:
SFA new baseline to be effective 11/20/
2020.
Filed Date: 11/19/20.
Accession Number: 20201119–5057.
Comments Due: 5 p.m. ET 12/10/20.
Docket Numbers: ER21–440–000.
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
Applicants: Moss Landing Energy
Storage 2, LLC.
Description: Baseline eTariff Filing:
SFA COC new baseline to be effective
11/20/2020.
Filed Date: 11/19/20.
Accession Number: 20201119–5058.
Comments Due: 5 p.m. ET 12/10/20.
The filings are accessible in the
Commission’s eLibrary system (https://
elibrary.ferc.gov/idmws/search/
fercgensearch.asp) by 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: November 19, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020–26083 Filed 11–24–20; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 2413–132]
Georgia Power Company; Notice of
Application Accepted for Filing and
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. Application Type: Recreation and
Land Use Plan.
b. Project No: 2413–132.
c. Date Filed: October 16, 2020.
d. Applicant: Georgia Power
Company.
e. Name of Project: Wallace Dam
Pumped Storage Project.
f. Location: Oconee River in Hancock,
Putnam, Green, and Morgan counties,
Georgia.
g. Filed Pursuant to: Federal Power
Act, 16 U.S.C. 791a–825r.
h. Applicant Contact: Joseph Charles,
Hydro Compliance Coordinator, Georgia
E:\FR\FM\25NON1.SGM
25NON1
]]>Agencies
[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Notices]
[Pages 75311-75312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26083]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Combined Notice of Filings #1
Take notice that the Commission received the following electric
corporate filings:
Docket Numbers: EC21-24-000.
Applicants: Crossing Trails Wind Power Project LLC, Headwaters Wind
Farm II LLC.
[[Page 75312]]
Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Crossing Trails Wind Power Project LLC, et
al.
Filed Date: 11/18/20.
Accession Number: 20201118-5199.
Comments Due: 5 p.m. ET 12/9/20.
Take notice that the Commission received the following exempt
wholesale generator filings:
Docket Numbers: EG21-37-000.
Applicants: Luna Storage, LLC.
Description: Self-Certification of Exempt Wholesale Generator of
Luna Storage, LLC.
Filed Date: 11/18/20.
Accession Number: 20201118-5185.
Comments Due: 5 p.m. ET 12/9/20.
Take notice that the Commission received the following electric
rate filings:
Docket Numbers: ER11-2508-025; ER11-2863-012; ER19-1411-001; ER19-
1412-001; ER19-1414-001; ER19-1417-002; ER19-1865-001; ER19-1866-001;
ER19-1867-001; ER19-1868-001; ER19-1869-001; ER19-1870-001; ER19-1871-
001; ER19-1872-001; ER19-2140-002; ER19-2141-002; ER19-2142-002; ER19-
2143-002; ER19-2144-002; ER19-2145-002; ER19-2146-002; ER19-2147-002;
ER19-2148-002; ER20-1887-001.
Applicants: GenOn Energy Management, LLC, Blossburg Power, LLC,
Brunot Island Power, LLC, Chalk Point Steam, LLC, GenOn Bowline, LLC,
GenOn Canal, LLC, GenOn Mid-Atlantic, LLC, GenOn Power Midwest, LP,
GenOn REMA, LLC, Gilbert Power, LLC, Hamilton Power, LLC, Heritage
Power Marketing, LLC, Hunterstown Power, LLC, Niles Power, LLC,
Orrtanna Power, LLC, New Castle Power, LLC, Mountain Power, LLC,
Portland Power, LLC, Sayreville Power, LLC, Shawnee Power, LLC,
Shawville Power, LLC, Titus Power, LLC, Tolna Power, LLC, Warren
Generation, LLC.
Description: Supplement to June 26, 2020 Updated Market Power
Analysis for the Northeast Region of the GenOn Holdings, Inc.
subsidiaries.
Filed Date: 11/18/20.
Accession Number: 20201118-5186.
Comments Due: 5 p.m. ET 12/9/20.
Docket Numbers: ER20-1800-002; ER20-1799-002; ER20-1801-003.
Applicants: Techren Solar III LLC, Techren Solar IV LLC, Techren
Solar V LLC.
Description: Notice of Non-Material Change in Status of Techren
Solar III LLC, et al.
Filed Date: 11/18/20.
Accession Number: 20201118-5195.
Comments Due: 5 p.m. ET 12/9/20.
Docket Numbers: ER21-121-001.
Applicants: PJM Interconnection, L.L.C.
Description: Tariff Amendment: Errata to WMPA SA No. 5825, Queue
No. AF2-401 in Docket No. ER21-121 to be effective 9/16/2020.
Filed Date: 11/18/20.
Accession Number: 20201118-5080.
Comments Due: 5 p.m. ET 12/9/20.
Docket Numbers: ER21-434-000.
Applicants: Nevada Power Company.
Description: Compliance filing: Market-Based Rate Tariff, Volume
No. 11; WECC Price Cap to be effective 12/31/9998.
Filed Date: 11/18/20.
Accession Number: 20201118-5052.
Comments Due: 5 p.m. ET 12/9/20.
Docket Numbers: ER21-435-000.
Applicants: Public Service Company of Colorado.
Description: Sec. 205(d) Rate Filing: 2020-11-18_PSC-SWF-Info-
2020-09-Intercon Study-614-0.0.0 to be effective 11/19/2020.
Filed Date: 11/18/20.
Accession Number: 20201118-5064.
Comments Due: 5 p.m. ET 12/9/20.
Docket Numbers: ER21-436-000.
Applicants: San Diego Gas & Electric.
Description: Annual Filing of Revised Costs and Accruals for Post-
Employment Benefits Other than Pensions of San Diego Gas & Electric
Company.
Filed Date: 11/18/20.
Accession Number: 20201118-5174.
Comments Due: 5 p.m. ET 12/9/20.
Docket Numbers: ER21-437-000.
Applicants: AEP Texas Inc.
Description: Sec. 205(d) Rate Filing: AEPTX-LCRA TSC Asphalt Mines
Facilities Development Agreement to be effective 11/11/2020.
Filed Date: 11/19/20.
Accession Number: 20201119-5011.
Comments Due: 5 p.m. ET 12/10/20.
Docket Numbers: ER21-438-000.
Applicants: PJM Interconnection, L.L.C.
Description: Sec. 205(d) Rate Filing: Third Revised ISA No. 4415;
Queue No. AF2-044 to be effective 10/20/2020.
Filed Date: 11/19/20.
Accession Number: 20201119-5045.
Comments Due: 5 p.m. ET 12/10/20.
Docket Numbers: ER21-439-000.
Applicants: Moss Landing Energy Storage 1, LLC.
Description: Baseline eTariff Filing: SFA new baseline to be
effective 11/20/2020.
Filed Date: 11/19/20.
Accession Number: 20201119-5057.
Comments Due: 5 p.m. ET 12/10/20.
Docket Numbers: ER21-440-000.
Applicants: Moss Landing Energy Storage 2, LLC.
Description: Baseline eTariff Filing: SFA COC new baseline to be
effective 11/20/2020.
Filed Date: 11/19/20.
Accession Number: 20201119-5058.
Comments Due: 5 p.m. ET 12/10/20.
The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: November 19, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-26083 Filed 11-24-20; 8:45 am]
BILLING CODE 6717-01-P
