Emergency Order Issued to the California Independent System Operator Corporation (CAISO) To Operate Power Generating Facilities Under Limited Circumstances in California as a Result of Extreme Weather, 53647-53648 [2021-21012]

Download as PDF Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices generators (as those terms are defined in the FPA), independent system operators, regional transmission organizations, and other public utilities.’’ Id. at 4. Trafigura contends that its proposed exports therefor would ‘‘not impair or tend to impede the sufficiency of electric power supplies in the United States or the regional coordination of electric utility planning or operations.’’ Id. Procedural Matters: Any person desiring to be heard in this proceeding should file a comment or protest to the Application at the address provided above. Protests should be filed in accordance with Rule 211 of the Federal Energy Regulatory Commission’s (FERC) Rules of Practice and Procedure (18 CFR 385.211). Any person desiring to become a party to this proceeding should file a motion to intervene at the above address in accordance with FERC Rule 214 (18 CFR 385.214). Comments and other filings concerning Trafigura’s application to export electric energy to Mexico should be clearly marked with OE Docket No. EA–491. Additional copies are to be provided directly to Eduardo Pigretti, 1401 McKinney Street, Suite 1500, Houston, TX 77010, eduardo.pigretti@ trafigura.com; Terence T. Healey, 60 State Street, 34th Floor, Boston, MA 02109, thealey@sidley.com; Sarah A. Tucker, 1501 K Street NW, Washington DC 20005, stucker@sidley.com; Radhika Kannan, 1501 K Street NW, Washington DC 20005, rkannan@sidley.com. A final decision will be made on the requested authorization after the environmental impacts have been evaluated pursuant to DOE’s National Environmental Policy Act Implementing Procedures (10 CFR part 1021) and after DOE evaluates whether the proposed action will have an adverse impact on the sufficiency of supply or reliability of the U.S. electric power supply system. Copies of the Application will be made available, upon request, by accessing the program website at https://energy.gov/node/11845, or by emailing Matt Aronoff at matthew.aronoff@hq.doe.gov. Signed in Washington, DC, on September 23, 2021. Christopher Lawrence, Management and Program Analyst, Energy Resilience Division, Office of Electricity. [FR Doc. 2021–21062 Filed 9–27–21; 8:45 am] BILLING CODE 6450–01–P VerDate Sep<11>2014 16:35 Sep 27, 2021 Jkt 253001 DEPARTMENT OF ENERGY [DOE Docket No. 202–21–2] Emergency Order Issued to the California Independent System Operator Corporation (CAISO) To Operate Power Generating Facilities Under Limited Circumstances in California as a Result of Extreme Weather Office of Electricity, Department of Energy. ACTION: Notice of emergency action. AGENCY: The U.S. Department of Energy (DOE or Department) is issuing this Notice to document emergency actions that it has taken pursuant to the Federal Power Act (FPA). ADDRESSES: Requests for more information should be addressed by electronic mail to ceser@hq.doe.gov. FOR FURTHER INFORMATION CONTACT: For further information on this Notice, or for information on the emergency activities related to the Order, contact Kenneth Buell, 202–586–3362, kenneth.buell@ hq.doe.gov, or by mail to the attention of Kenneth Buell, CR–20, 1000 Independence Ave. SW, Washington, DC 20585. Due to limited access to DOE facilities because of current COVID–19 restrictions, contact via phone or email is preferred. The Order and all related information are available here: https:// www.energy.gov/oe/federal-power-actsection-202c-caiso-september-2021. SUPPLEMENTARY INFORMATION: Pursuant to 10 CFR 1021.343(a), the Department is issuing this Notice to document emergency actions taken. Under FPA section 202(c), ‘‘[d]uring the continuance of a war in which the United States is engaged, or whenever the [Secretary of Energy] determines that an emergency exists by reason of a sudden increase in the demand for electric energy, or a shortage of electric energy or of facilities for the generation or transmission of electric energy, or of fuel or water for generating facilities, or other causes, the [Secretary of Energy] shall have authority . . . to require by order such temporary connections of facilities and generation, delivery, interchange, or transmission of electric energy as in [the Secretary’s] judgment will best meet the emergency and serve the public interest.’’ 16 U.S.C. 824a(c)(1). The authority to issue such orders, which was originally vested in the defunct Federal Power Commission, was transferred to and vested in the Secretary of Energy by section 301(b) of the Department of Energy Organization Act, 42 U.S.C. 7151(b), and is nonSUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 53647 exclusively delegated to the Deputy Secretary of Energy (Deputy Secretary) by paragraph 1.12(A) of Delegation Order No. 00–001.00H (Oct. 2, 2020). On September 7, 2021, the CAISO filed a Request for Emergency Order Pursuant to section 202(c) of the Federal Power Act (Application) with the Department ‘‘to preserve the reliability of [the] bulk electric power system in California.’’ In its Application, the CAISO cited ‘‘extremely challenging conditions including extreme heat waves, multiple fires, high winds, and various grid issues’’ that could lead to electric demand outpacing available generation. The CAISO requested authority to dispatch several natural gas-fueled generation resources (‘‘Covered Resources’’). The CAISO stated that certain of the Covered Resources ‘‘will not have completed federal environmental permitting requirements’’ by the date it requested issuance of an emergency order, ‘‘and [cannot] operate unless they are subject to a DOE emergency order.’’ The CAISO also noted that other units included in the Covered Resources are subject to permit limitations preventing them from operating at their full capacity. Because ‘‘[t]he emergency for which the CAISO seeks relief is ongoing and could have serious consequences regarding the CAISO’s ability to serve load in California and meet its reserve obligations,’’ the CAISO requested that the Department issue an order, effective no later than September 10, 2021, and for a period of 60 days, authorizing ‘‘the generating units identified . . . that are subject to permit limits (or have yet to obtain permits) to operate at their maximum levels,’’ along with authorization for ‘‘testing of Covered Resources as necessary to ensure they can operate reliably and, in the case of new units, synchronize to the electric grid.’’ The CAISO contended that the requested relief would ‘‘help . . . meet the existing emergency and serve the public interest by preventing or mitigating power disruptions and the potential curtailment of electricity load within the CAISO balancing authority area.’’ After review of the facts and CAISO policy and procedure, the Deputy Secretary issued Order No. 202–21–2 (the Order) on September 10, 2021, for a period of 60 days, directing the CAISO to dispatch the necessary electric generation units from the Covered Resources and to order their operation only as needed during (1) the issuance and continuation of an Energy Emergency Alert Level 2 condition or greater between the hours of 14:00 Pacific Daylight Time and 22:00 Pacific E:\FR\FM\28SEN1.SGM 28SEN1 53648 Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices Daylight Time after exhausting all reasonably and practically available resources; (2) a Transmission Emergency that requires operation of a Covered Resource to prevent or mitigate load curtailment during any operating hour; or (3) limited testing directed by the CAISO or synchronization of Midway Sunset Unit C, Greenleaf Unit 1, and Roseville Energy Park during periods of lowest electric demand for natural gas resources, as determined by the CAISO. For purposes of the Order, ‘‘Energy Emergency Alert Level 2’’ has the meaning set forth in section 3.6.4 of the CAISO System Emergency Operating Procedure Version 13.1 (Aug. 20, 2021) (CAISO Emergency Operating Procedure). Also for purposes of the Order, ‘‘Transmission Emergency’’ has the meaning set forth in section 3.5 of the CAISO Emergency Operating Procedure. The Department has required the CAISO to report, by December 1, 2021, ‘‘source specific data for all dates between September 10 and November 9, 2021, on which the Covered Resources were operated. The report must include, ‘‘for each unit, (1) the hours of operation, as well as the hours in which any permit limit was exceeded and (2) a preliminary description of each permit term that was exceeded and the manner in which such exceedance occurred.’’ The Department also required the CAISO to ‘‘submit a final report by January 7, 2022, with any revisions to the information reported on December 1, 2021.’’ After receiving the final data report from the CAISO, DOE will prepare a special environmental analysis of the potential impacts resulting from issuance of the Order, including impacts on air quality and environmental justice. The CAISO will be responsible for the reasonable thirdparty costs of the special environmental analysis. Procedural Background: The Covered Resources to which this Order pertains were identified in the Order and can be found on the website identified above. Given the emergency nature of the expected load stress, the responsibility of the CAISO to ensure maximum reliability on its system, and the ability of the CAISO to identify and dispatch generation necessary to meet the additional load, the Deputy Secretary determined that additional dispatch of the Covered Resources would be necessary to best meet the emergency and serve the public interest for purposes of FPA section 202(c). Because the additional generation may result in a conflict with environmental standards and requirements, the Deputy Secretary authorized only the necessary VerDate Sep<11>2014 16:35 Sep 27, 2021 Jkt 253001 additional generation, with reporting requirements as described below. FPA section 202(c)(2) requires the Secretary of Energy to ensure that any FPA section 202(c) order that may result in a conflict with a requirement of any environmental law be limited to the ‘‘hours necessary to meet the emergency and serve the public interest, and, to the maximum extent practicable,’’ be consistent with any applicable environmental law and minimize any adverse environmental impacts. To minimize adverse environmental impacts, the Order ‘‘limits operation of dispatched units to the times and within the parameters determined by the CAISO for reliability purposes.’’ The Deputy Secretary conditioned the Order by requiring the CAISO to report on actions taken pursuant to the Order regarding the environmental impacts of the Order and its compliance with the conditions of the Order. As noted previously, the CAISO must submit a final report by January 7, 2022, with any revisions to the information reported through that time. The environmental data the CAISO submits must include (1) Emissions data in pounds per hour for each Covered Resource unit, for each hour of the operational scenario, for carbon monoxide, nitrous oxides, particulate matter (PM) 2.5, PM10, volatile organic compounds, and sulfur dioxide, with details on the actual emissions in pounds per hour, permitted operating/emission limits, and the actual incremental emissions above the permit limits (except that for emissions units not equipped with continuous emission monitoring systems, actual emissions must be calculated using source test data); (2) stack parameters for each Covered Resource unit, including stack height, exit diameter, exit gas temperature, and exit velocity (or volumetric flow rate) (temperature and velocity must be the values applicable to the operations above permit limits); (3) the actual hours that each Covered Resource unit operated in excess of permit limits or operated without otherwise-required permits; (4) information provided to the California Air Resources Board (CARB) in response to the CARB’s development and implementation of the plan to mitigate the effects of additional emissions authorized by Governor Newsom’s July 30, 2021 emergency proclamation. The Department also noted that it may request additional information as it performs its special environmental analysis relating to the issuance of the Order. The reports will be available on the DOE website for this docket here: https://www.energy.gov/oe/federal- PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 power-act-section-202c-caisoseptember-2021. Signing Authority This document of the Department of Energy was signed on September 22, 2021 by Patricia A. Hoffman, Acting Assistant Secretary for the Office of Electricity and for the Office of Cybersecurity, Energy Security, and Emergency Response, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on September 23, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2021–21012 Filed 9–27–21; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2530–057] Brookfield White Pine Hydro LLC; Notice of Availability of Draft Environmental Assessment In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission’s (Commission) regulations, 18 CFR part 380, the Office of Energy Projects has reviewed the application for new license for the Hiram Hydroelectric Project, located on the Saco River in Oxford and Cumberland Counties, Maine, and has prepared a Draft Environmental Assessment (DEA) for the project. No federal land is occupied by project works or located within the project boundary. The DEA contains staff’s analysis of the potential environmental impacts of the project and concludes that licensing the project, with appropriate environmental protective measures, would not constitute a major federal action that would significantly affect the quality of the human environment. E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Pages 53647-53648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21012]


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DEPARTMENT OF ENERGY

[DOE Docket No. 202-21-2]


Emergency Order Issued to the California Independent System 
Operator Corporation (CAISO) To Operate Power Generating Facilities 
Under Limited Circumstances in California as a Result of Extreme 
Weather

AGENCY: Office of Electricity, Department of Energy.

ACTION: Notice of emergency action.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE or Department) is issuing 
this Notice to document emergency actions that it has taken pursuant to 
the Federal Power Act (FPA).

ADDRESSES: Requests for more information should be addressed by 
electronic mail to [email protected].

FOR FURTHER INFORMATION CONTACT: For further information on this 
Notice, or for information on the emergency activities related to the 
Order, contact Kenneth Buell, 202-586-3362, [email protected], 
or by mail to the attention of Kenneth Buell, CR-20, 1000 Independence 
Ave. SW, Washington, DC 20585. Due to limited access to DOE facilities 
because of current COVID-19 restrictions, contact via phone or email is 
preferred.
    The Order and all related information are available here: https://www.energy.gov/oe/federal-power-act-section-202c-caiso-september-2021.

SUPPLEMENTARY INFORMATION: Pursuant to 10 CFR 1021.343(a), the 
Department is issuing this Notice to document emergency actions taken. 
Under FPA section 202(c), ``[d]uring the continuance of a war in which 
the United States is engaged, or whenever the [Secretary of Energy] 
determines that an emergency exists by reason of a sudden increase in 
the demand for electric energy, or a shortage of electric energy or of 
facilities for the generation or transmission of electric energy, or of 
fuel or water for generating facilities, or other causes, the 
[Secretary of Energy] shall have authority . . . to require by order 
such temporary connections of facilities and generation, delivery, 
interchange, or transmission of electric energy as in [the Secretary's] 
judgment will best meet the emergency and serve the public interest.'' 
16 U.S.C. 824a(c)(1). The authority to issue such orders, which was 
originally vested in the defunct Federal Power Commission, was 
transferred to and vested in the Secretary of Energy by section 301(b) 
of the Department of Energy Organization Act, 42 U.S.C. 7151(b), and is 
non-exclusively delegated to the Deputy Secretary of Energy (Deputy 
Secretary) by paragraph 1.12(A) of Delegation Order No. 00-001.00H 
(Oct. 2, 2020).
    On September 7, 2021, the CAISO filed a Request for Emergency Order 
Pursuant to section 202(c) of the Federal Power Act (Application) with 
the Department ``to preserve the reliability of [the] bulk electric 
power system in California.'' In its Application, the CAISO cited 
``extremely challenging conditions including extreme heat waves, 
multiple fires, high winds, and various grid issues'' that could lead 
to electric demand outpacing available generation. The CAISO requested 
authority to dispatch several natural gas-fueled generation resources 
(``Covered Resources''). The CAISO stated that certain of the Covered 
Resources ``will not have completed federal environmental permitting 
requirements'' by the date it requested issuance of an emergency order, 
``and [cannot] operate unless they are subject to a DOE emergency 
order.'' The CAISO also noted that other units included in the Covered 
Resources are subject to permit limitations preventing them from 
operating at their full capacity. Because ``[t]he emergency for which 
the CAISO seeks relief is ongoing and could have serious consequences 
regarding the CAISO's ability to serve load in California and meet its 
reserve obligations,'' the CAISO requested that the Department issue an 
order, effective no later than September 10, 2021, and for a period of 
60 days, authorizing ``the generating units identified . . . that are 
subject to permit limits (or have yet to obtain permits) to operate at 
their maximum levels,'' along with authorization for ``testing of 
Covered Resources as necessary to ensure they can operate reliably and, 
in the case of new units, synchronize to the electric grid.'' The CAISO 
contended that the requested relief would ``help . . . meet the 
existing emergency and serve the public interest by preventing or 
mitigating power disruptions and the potential curtailment of 
electricity load within the CAISO balancing authority area.''
    After review of the facts and CAISO policy and procedure, the 
Deputy Secretary issued Order No. 202-21-2 (the Order) on September 10, 
2021, for a period of 60 days, directing the CAISO to dispatch the 
necessary electric generation units from the Covered Resources and to 
order their operation only as needed during (1) the issuance and 
continuation of an Energy Emergency Alert Level 2 condition or greater 
between the hours of 14:00 Pacific Daylight Time and 22:00 Pacific

[[Page 53648]]

Daylight Time after exhausting all reasonably and practically available 
resources; (2) a Transmission Emergency that requires operation of a 
Covered Resource to prevent or mitigate load curtailment during any 
operating hour; or (3) limited testing directed by the CAISO or 
synchronization of Midway Sunset Unit C, Greenleaf Unit 1, and 
Roseville Energy Park during periods of lowest electric demand for 
natural gas resources, as determined by the CAISO. For purposes of the 
Order, ``Energy Emergency Alert Level 2'' has the meaning set forth in 
section 3.6.4 of the CAISO System Emergency Operating Procedure Version 
13.1 (Aug. 20, 2021) (CAISO Emergency Operating Procedure). Also for 
purposes of the Order, ``Transmission Emergency'' has the meaning set 
forth in section 3.5 of the CAISO Emergency Operating Procedure.
    The Department has required the CAISO to report, by December 1, 
2021, ``source specific data for all dates between September 10 and 
November 9, 2021, on which the Covered Resources were operated. The 
report must include, ``for each unit, (1) the hours of operation, as 
well as the hours in which any permit limit was exceeded and (2) a 
preliminary description of each permit term that was exceeded and the 
manner in which such exceedance occurred.'' The Department also 
required the CAISO to ``submit a final report by January 7, 2022, with 
any revisions to the information reported on December 1, 2021.'' After 
receiving the final data report from the CAISO, DOE will prepare a 
special environmental analysis of the potential impacts resulting from 
issuance of the Order, including impacts on air quality and 
environmental justice. The CAISO will be responsible for the reasonable 
third-party costs of the special environmental analysis.
    Procedural Background: The Covered Resources to which this Order 
pertains were identified in the Order and can be found on the website 
identified above. Given the emergency nature of the expected load 
stress, the responsibility of the CAISO to ensure maximum reliability 
on its system, and the ability of the CAISO to identify and dispatch 
generation necessary to meet the additional load, the Deputy Secretary 
determined that additional dispatch of the Covered Resources would be 
necessary to best meet the emergency and serve the public interest for 
purposes of FPA section 202(c). Because the additional generation may 
result in a conflict with environmental standards and requirements, the 
Deputy Secretary authorized only the necessary additional generation, 
with reporting requirements as described below.
    FPA section 202(c)(2) requires the Secretary of Energy to ensure 
that any FPA section 202(c) order that may result in a conflict with a 
requirement of any environmental law be limited to the ``hours 
necessary to meet the emergency and serve the public interest, and, to 
the maximum extent practicable,'' be consistent with any applicable 
environmental law and minimize any adverse environmental impacts. To 
minimize adverse environmental impacts, the Order ``limits operation of 
dispatched units to the times and within the parameters determined by 
the CAISO for reliability purposes.''
    The Deputy Secretary conditioned the Order by requiring the CAISO 
to report on actions taken pursuant to the Order regarding the 
environmental impacts of the Order and its compliance with the 
conditions of the Order. As noted previously, the CAISO must submit a 
final report by January 7, 2022, with any revisions to the information 
reported through that time. The environmental data the CAISO submits 
must include (1) Emissions data in pounds per hour for each Covered 
Resource unit, for each hour of the operational scenario, for carbon 
monoxide, nitrous oxides, particulate matter (PM) 2.5, PM10, 
volatile organic compounds, and sulfur dioxide, with details on the 
actual emissions in pounds per hour, permitted operating/emission 
limits, and the actual incremental emissions above the permit limits 
(except that for emissions units not equipped with continuous emission 
monitoring systems, actual emissions must be calculated using source 
test data); (2) stack parameters for each Covered Resource unit, 
including stack height, exit diameter, exit gas temperature, and exit 
velocity (or volumetric flow rate) (temperature and velocity must be 
the values applicable to the operations above permit limits); (3) the 
actual hours that each Covered Resource unit operated in excess of 
permit limits or operated without otherwise-required permits; (4) 
information provided to the California Air Resources Board (CARB) in 
response to the CARB's development and implementation of the plan to 
mitigate the effects of additional emissions authorized by Governor 
Newsom's July 30, 2021 emergency proclamation. The Department also 
noted that it may request additional information as it performs its 
special environmental analysis relating to the issuance of the Order.
    The reports will be available on the DOE website for this docket 
here: https://www.energy.gov/oe/federal-power-act-section-202c-caiso-september-2021.

Signing Authority

    This document of the Department of Energy was signed on September 
22, 2021 by Patricia A. Hoffman, Acting Assistant Secretary for the 
Office of Electricity and for the Office of Cybersecurity, Energy 
Security, and Emergency Response, pursuant to delegated authority from 
the Secretary of Energy. That document with the original signature and 
date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on September 23, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-21012 Filed 9-27-21; 8:45 am]
BILLING CODE 6450-01-P