Electric Quarterly Reports; Premier Empire Energy, LLC; Current Power & Gas Inc.; Elephant Energy, LLC; Liberty Power Maryland LLC; Liberty Power Holdings LLC; Liberty Power District of Columbia LLC; Order on Intent To Revoke Market-Based Rate Authority, 12676-12677 [2023-04067]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES 12676 Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices serve a copy of the request on the applicant. l. Deadline for filing additional study requests and requests for cooperating agency status: April 15, 2023. The Commission strongly encourages electronic filing. Please file additional study requests and requests for cooperating agency status using the Commission’s eFiling system at https:// ferconline.ferc.gov/FERCOnline.aspx. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. All filings must clearly identify the project name and docket number on the first page: American Falls Hydroelectric Project (P–2736–046). m. The application is not ready for environmental analysis at this time. n. Project Description: The existing American Falls Hydroelectric Project is located at Reclamation’s American Falls Dam and consists of: (1) three 18-footdiameter, 240-foot-long, steel-lined penstocks, that connect upstream with similar U.S. Bureau of Reclamation penstocks and the intake works; (2) a reinforced concrete powerhouse containing three 22.5 MW turbines for total installed capacity of 67.5 MW; (3) a 2,300-foot-long, 138-kilovolt (kV) overhead transmission line extending from the powerhouse downstream along the west bank of the Snake River, and across the river to the American Falls Switchyard; (4) a tailrace; (5) recreation facilities; and (6) appurtenant facilities. The project generates an annual average of 395,000 megawatt-hours. Idaho Power is not proposing any changes to the current operations of the Project, as Project operations are completely dependent on Reclamation’s operation of the dam and available flows. Reclamation owns and operates the dam and is responsible for irrigation delivery, controlling flows, ramping rates, reservoir operations, and flood control operations, among others. As part of the license application, Idaho Power filed a settlement agreement between itself and the Idaho Department of Fish and Game (IDFG) that resolves issues related to project effects of turbine mortality on trout. As VerDate Sep<11>2014 18:37 Feb 27, 2023 Jkt 259001 part of the settlement agreement, Idaho Power proposes to increase the poundage of hatchery-reared trout to be stocked by Idaho Power annually from 8,000-pounds to 24,000-pounds, with the size (fish per pound), time of stocking, and location determined by IDFG in consultation with Idaho Power. Before release, IDFG will certify the general health and condition of the fish. o. In addition to publishing the full text of this notice in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this notice, as well as other documents in the proceeding (e.g., license application) via the internet through the Commission’s Home Page (https:// www.ferc.gov) using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the documents (P–2736). At this time, the Commission has suspended access to the Commission’s Public Reference Room due to the proclamation declaring a National Emergency concerning the Novel Coronavirus Disease (COVID–19) issued by the President on March 13, 2020. For assistance, contact FERC at FERCOnlineSupport@ferc.gov or call toll-free, (866) 208–3676 or (202) 502– 8659 (TTY). You may also register online at https://ferconline.ferc.gov/ FERCOnline.aspx to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. p. Procedural schedule: The application will be processed according to the following preliminary schedule. Revisions to the schedule will be made as appropriate. Issue Deficiency Letter (if necessary): March 2023. Request Additional Information (if needed): March 2023. Issue Notice of Acceptance: June 2023. Issue Scoping Document 1 for comments: July 2023. Request Additional Information (if necessary): September 2023. Issue Scoping Document 2: October 2023. Issue Notice of Ready for Environmental Analysis: October 2023. q. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 Dated: February 21, 2023. Kimberly D. Bose, Secretary. [FR Doc. 2023–04008 Filed 2–27–23; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER02–2001–020, ER13–2230– 001, ER16–722–000, ER21–2089–000, ER12– 2402–000, ER12–2403–000, ER12–2400–000] Electric Quarterly Reports; Premier Empire Energy, LLC; Current Power & Gas Inc.; Elephant Energy, LLC; Liberty Power Maryland LLC; Liberty Power Holdings LLC; Liberty Power District of Columbia LLC; Order on Intent To Revoke Market-Based Rate Authority Before Commissioners: Willie L. Phillips, Acting Chairman; James P. Danly, Allison Clements, and Mark C. Christie. 1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and 18 CFR part 35 (2021), 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 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 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 ¶ 61,003 ¶ 31,282 (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 & Procs. for Mkt.Based Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary Servs. by Pub. Utils., Order No. 816, 153 FERC ¶ 61,065, at P 353 (2015), order on reh’g, Order No. 816–A, 155 FERC ¶ 61,188 (2016); Mkt.-Based Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary Servs. by Pub. E:\FR\FM\28FEN1.SGM 28FEN1 Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES Commission staff’s review of the Electric Quarterly Reports indicates that the following six public utilities with market-based rate authorization have failed to file their Electric Quarterly Reports: Premier Empire Energy, LLC, Current Power & Gas Inc., Elephant Energy, LLC, Liberty Power Maryland LLC, Liberty Power Holdings LLC, and Liberty Power District of Columbia 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 marketbased 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 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 Utils., Order No. 697, 119 FERC ¶ 61,295, at P 882, 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. 5 See, e.g., Electric Quarterly Reports, 82 FR 60,976 (Dec. 26, 2017); Electric Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015); Electric 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, FERC 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). VerDate Sep<11>2014 18:37 Feb 27, 2023 Jkt 259001 770.7 The exact filing dates for Electric Quarterly Reports are prescribed in 18 CFR 35.10b (2021). As noted above, Commission staff’s review of the Electric Quarterly Reports for the period up to the third quarter of 2022 identified six 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 its Electric Quarterly Reports in compliance with the Commission’s requirements, its inclusion herein is inadvertent. Such market-based rate seller is directed, within 15 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. 8. If any of the above-captioned market-based rate sellers do not wish to continue having market-based rate authority, that seller 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 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. 7 Revisions to Elec. Q. Rep. Filing Process, Order No. 770, 141 FERC ¶ 61,120 (2012). PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 12677 By the Commission. Issued: February 22, 2023. Kimberly D. Bose, Secretary. [FR Doc. 2023–04067 Filed 2–27–23; 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: Filings Instituting Proceedings Docket Numbers: RP23–450–000. Applicants: Rockies Express Pipeline LLC. Description: § 4(d) Rate Filing: REX 2023–02–21 Negotiated Rate Agreement Amendments to be effective 2/21/2023. Filed Date: 2/21/23. Accession Number: 20230221–5275. Comment Date: 5 p.m. ET 3/6/23. Docket Numbers: RP23–451–000. Applicants: Texas Eastern Transmission, LP. Description: Compliance filing: TETLP February 2023 Penalty Disbursement Report to be effective N/A. Filed Date: 2/21/23. Accession Number: 20230221–5335. Comment Date: 5 p.m. ET 3/6/23. Docket Numbers: RP23–452–000. Applicants: Millennium Pipeline Company, LLC. Description: § 4(d) Rate Filing: RAM 2023 to be effective 4/1/2023. Filed Date: 2/22/23. Accession Number: 20230222–5048. Comment Date: 5 p.m. ET 3/6/23. 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. The filings are accessible in the Commission’s eLibrary system (https:// elibrary.ferc.gov/idmws/search/ fercgensearch.asp) by querying the docket number. 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. E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12676-12677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04067]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER02-2001-020, ER13-2230-001, ER16-722-000, ER21-2089-000, 
ER12-2402-000, ER12-2403-000, ER12-2400-000]


Electric Quarterly Reports; Premier Empire Energy, LLC; Current 
Power & Gas Inc.; Elephant Energy, LLC; Liberty Power Maryland LLC; 
Liberty Power Holdings LLC; Liberty Power District of Columbia LLC; 
Order on Intent To Revoke Market-Based Rate Authority

    Before Commissioners: Willie L. Phillips, Acting Chairman; James P. 
Danly, Allison Clements, and Mark C. Christie.
    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and 
18 CFR part 35 (2021), 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 ] 61,003 ] 31,282 (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\

[[Page 12677]]

Commission staff's review of the Electric Quarterly Reports indicates 
that the following six public utilities with market-based rate 
authorization have failed to file their Electric Quarterly Reports: 
Premier Empire Energy, LLC, Current Power & Gas Inc., Elephant Energy, 
LLC, Liberty Power Maryland LLC, Liberty Power Holdings LLC, and 
Liberty Power District of Columbia 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 & Procs. for Mkt.-Based Rates 
for Wholesale Sales of Elec. Energy, Capacity & Ancillary Servs. by 
Pub. Utils., Order No. 816, 153 FERC ] 61,065, at P 353 (2015), 
order on reh'g, Order No. 816-A, 155 FERC ] 61,188 (2016); Mkt.-
Based Rates for Wholesale Sales of Elec. Energy, Capacity & 
Ancillary Servs. by Pub. Utils., Order No. 697, 119 FERC ] 61,295, 
at P 882, 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., Electric Quarterly Reports, 82 FR 60,976 (Dec. 
26, 2017); Electric Quarterly Reports, 80 FR 58,243 (Sep. 28, 2015); 
Electric 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 (2021). As noted above, Commission staff's review of the 
Electric Quarterly Reports for the period up to the third quarter of 
2022 identified six 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, FERC 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 its Electric Quarterly Reports in compliance 
with the Commission's requirements, its inclusion herein is 
inadvertent. Such market-based rate seller is directed, within 15 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.
    8. If any of the above-captioned market-based rate sellers do not 
wish to continue having market-based rate authority, that seller 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 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 22, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-04067 Filed 2-27-23; 8:45 am]
BILLING CODE 6717-01-P
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