Order on Intent To Revoke Market-Based Rate Authority, 12185-12186 [2021-04260]

Download as PDF 12185 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Notices text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Craig Stanton, Deputy Director for Administration and Policy, Institute of Education Sciences. [FR Doc. 2021–04284 Filed 3–1–21; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION [Docket No. ED–2021–SCC–0029] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Application for Grants Under the Alaska Native and Native HawaiianServing Institutions Program, Part A and Part F Office of Postsecondary Education (OPE), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995, ED is proposing a reinstatement without change of a previously approved collection. SUMMARY: Interested persons are invited to submit comments on or before April 1, 2021. ADDRESSES: Written comments and recommendations for proposed information collection requests should be sent within 30 days of publication of this notice to www.reginfo.gov/public/ do/PRAMain. Find this information collection request by selecting ‘‘Department of Education’’ under ‘‘Currently Under Review,’’ then check ‘‘Only Show ICR for Public Comment’’ jbell on DSKJLSW7X2PROD with NOTICES DATES: VerDate Sep<11>2014 17:11 Mar 01, 2021 Jkt 253001 checkbox. Comments may also be sent to ICDocketmgr@ed.gov. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Robyn Wood, (202) 453–7744. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Application for Grants Under the Alaska Native and Native Hawaiian-Serving Institutions Program, Part A and Part F. OMB Control Number: 1840–0810. Type of Review: Reinstatement without change of a previously approved collection. Respondents/Affected Public: State, Local, and Tribal Governments. Total Estimated Number of Annual Responses: 75. Total Estimated Number of Annual Burden Hours: 12,000. Abstract: The Department of Education, Office of Postsecondary Education, manages the Alaska Native and Native Hawaiian-Serving Institutions (ANNH) Program (Part A and Part F), which provides grant funds to eligible institutions that have either a population of 20% Alaska Native students or 10% Native Hawaiian students. The grant program is competitive and requires applicants to submit an application for review. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 This collection is being submitted under the Streamlined Clearance Process for Discretionary Grant Information Collections (1894–0001). Therefore, the 30-day public comment period notice will be the only public comment notice published for this information collection. Dated: February 25, 2021. Kate Mullan, PRA Coordinator, Strategic Collections and Clearance, Governance and Strategy Division, Office of Chief Data Officer, Office of Planning, Evaluation and Policy Development. [FR Doc. 2021–04243 Filed 3–1–21; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Order on Intent To Revoke MarketBased Rate Authority Docket Nos Electric Quarterly Reports Palama, LLC ...................... City Power Marketing, LLC Oracle Energy Services, LLC. EmpireCo Limited Partnership. Allied Energy Resources Corporation. Entra Energy LLC .............. BlueRock Energy, Inc. ....... Power Dave Fund LLC ...... ESS Lewes Project, LLC ... ESS Snook Project, LLC ... ER02–2001–020 ER10–2809–000 ER10–3157–000 ER11–2436–000 ER11–2882–001 ER11–4722–000 ER12–1137–000 ER12–1269–000 ER12–2217–004 ER17–3–001 ER17–94–001 1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and 18 CFR part 35 (2020), 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 E:\FR\FM\02MRN1.SGM Continued 02MRN1 12186 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Notices 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 10 public utilities with market-based rate authorization have failed to file their Electric Quarterly Reports: Palama, LLC; City Power Marketing, LLC; Oracle Energy Services, LLC; EmpireCo Limited Partnership; Allied Energy Resources Corporation; Entra Energy LLC; BlueRock Energy, Inc.; Power Dave Fund LLC; ESS Lewes Project, LLC; and ESS Snook Project, 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 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 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 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 jbell on DSKJLSW7X2PROD with NOTICES 5. Pursuant to these requirements, the Commission has revoked the marketbased rate tariffs of market-based rate (2016) (clarifying Electric Quarterly Reports reporting requirements and updating Data Dictionary). 2 See Refinements to Policies and Procedures for Mkt.-Based Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary Servs. by Pub. Utils., Order No. 816, 153 FERC ¶ 61,065 (2015), order on reh’g, Order No. 816–A, 155 FERC ¶ 61,188 (2016). See also Mkt.-Based Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC ¶ 61,295, at P 3, clarified, 121 FERC ¶ 61,260 (2007), order on reh’g, Order No. 697–A, 123 FERC ¶ 61,055, 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 Order No. 2001, 99 FERC ¶ 61,107 at P 222. 4 Id. P 223. VerDate Sep<11>2014 17:11 Mar 01, 2021 Jkt 253001 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. As noted above, Commission staff’s review of the Electric Quarterly Reports for the period up to the third quarter of 2020 identified 10 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 have already filed their Electric Quarterly Reports in compliance with the Commission’s requirements, those sellers’ inclusion herein is inadvertent. Such market-based rate sellers are directed, within 15 days of the date of issuance of this order, to make a filing with the Commission identifying themselves and providing details about their prior filings that establish that they complied with the Commission’s Electric Quarterly Report filing requirements. 8. If any of the above-captioned market-based rate sellers do not wish to continue having market-based rate authority, they may file a notice of cancellation with the Commission pursuant to section 205 of the FPA to cancel their 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 5 See, e.g., Elec. Q. Rep., 82 FR 60,976 (Dec. 26, 2017); Electric Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015); Elec. Q. Rep., 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 Revisions to Elec. Q. Rep. Filing Process, Order No. 770, 141 FERC ¶ 61,120 (2012). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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: February 24, 2021. Kimberly D. Bose, Secretary. [FR Doc. 2021–04260 Filed 3–1–21; 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: Docket Number: PR21–31–000. Applicants: Southcross CCNG Transmission Ltd. Description: Tariff filing per 284.123(b),(e)+(g): Revision to Statement of Operating Conditions to be effective 2/22/2021. Filed Date: 2/22/2021. Accession Number: 202102225074 Comments Due: 5 p.m. ET 3/15/2021 284.123(g) Protests Due: 5 p.m. ET 4/ 23/2021. Docket Numbers: RP21–509–000. Applicants: Golden Pass Pipeline LLC. Description: Golden Pass Pipeline LLC submits tariff filing per 154.203: GPPL Annual Retainage Report for 2021 to be effective 4/1/2021. Filed Date: 02/23/2021. Accession Number: 20210223–5118. Comment Date: 5 p.m. ET 3/8/2021. Docket Numbers: RP21–510–000. Applicants: Vector Pipeline L.P. Description: Vector Pipeline L.P. submits tariff filing per 154.204: Negotiated Rate Filing—BWEC to be effective 3/1/2021. Filed Date: 02/23/2021. Accession Number: 20210223–5145. Comment Date: 5 p.m. ET 3/8/2021. Docket Numbers: RP21–511–000. Applicants: El Paso Natural Gas Company, L.L.C. Description: El Paso Natural Gas Company, L.L.C. submits tariff filing per 154.204: Negotiated Rate Agreements E:\FR\FM\02MRN1.SGM 02MRN1

Agencies

[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Notices]
[Pages 12185-12186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04260]


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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
Palama, LLC............................  ER10-2809-000
City Power Marketing, LLC..............  ER10-3157-000
Oracle Energy Services, LLC............  ER11-2436-000
EmpireCo Limited Partnership...........  ER11-2882-001
Allied Energy Resources Corporation....  ER11-4722-000
Entra Energy LLC.......................  ER12-1137-000
BlueRock Energy, Inc...................  ER12-1269-000
Power Dave Fund LLC....................  ER12-2217-004
ESS Lewes Project, LLC.................  ER17-3-001
ESS Snook Project, LLC.................  ER17-94-001
------------------------------------------------------------------------

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and 
18 CFR part 35 (2020), 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).

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[[Page 12186]]

    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 10 public utilities with market-based rate 
authorization have failed to file their Electric Quarterly Reports: 
Palama, LLC; City Power Marketing, LLC; Oracle Energy Services, LLC; 
EmpireCo Limited Partnership; Allied Energy Resources Corporation; 
Entra Energy LLC; BlueRock Energy, Inc.; Power Dave Fund LLC; ESS Lewes 
Project, LLC; and ESS Snook Project, 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 15 
days of the date of issuance of this order.
---------------------------------------------------------------------------

    \2\ See Refinements to Policies and Procedures for Mkt.-Based 
Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary 
Servs. by Pub. Utils., Order No. 816, 153 FERC ] 61,065 (2015), 
order on reh'g, Order No. 816-A, 155 FERC ] 61,188 (2016). See also 
Mkt.-Based Rates for Wholesale Sales of Elec. Energy, Capacity & 
Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC ] 61,295, 
at P 3, clarified, 121 FERC ] 61,260 (2007), order on reh'g, Order 
No. 697-A, 123 FERC ] 61,055, 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\
---------------------------------------------------------------------------

    \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. Q. Rep., 82 FR 60,976 (Dec. 26, 2017); 
Electric Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015); Elec. Q. 
Rep., 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. As noted above, Commission staff's review of the Electric 
Quarterly Reports for the period up to the third quarter of 2020 
identified 10 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\ 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\ Revisions to Elec. Q. Rep. Filing Process, Order No. 770, 
141 FERC ] 61,120 (2012).
---------------------------------------------------------------------------

    7. In the event that any of the above-captioned market-based rate 
sellers have already filed their Electric Quarterly Reports in 
compliance with the Commission's requirements, those sellers' inclusion 
herein is inadvertent. Such market-based rate sellers are directed, 
within 15 days of the date of issuance of this order, to make a filing 
with the Commission identifying themselves and providing details about 
their prior filings that establish that they complied with the 
Commission's Electric Quarterly Report filing requirements.
    8. If any of the above-captioned market-based rate sellers do not 
wish to continue having market-based rate authority, they may file a 
notice of cancellation with the Commission pursuant to section 205 of 
the FPA to cancel their 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: February 24, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-04260 Filed 3-1-21; 8:45 am]
BILLING CODE 6717-01-P
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