Emergency Order Issued to the Electric Reliability Council of Texas, Inc. (ERCOT), to Operate Power Generating Facilities Under Limited Circumstances in Texas as a Result of Extreme Weather, 67740-67742 [2023-21719]
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices
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providing technical assistance to states
and grantees on the use of federal funds.
EAC/OGM also reports on how the
funds are spent to Congress, negotiates
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resolves audit findings on the use of
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The EAC Progress Report has been
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HAVA authority. This revised format
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grant awards given by EAC and provides
terminology clarification. The Progress
Report will directly benefit award
recipients by making it easier for them
to administer federal grant and
cooperative agreement programs
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of information
technology.
Please note that comments submitted
in response to this Notice are public
record. Before including any detailed
personal information, you should be
aware that your comments as submitted,
including your personal information,
will be available for public review.
OMB approval is requested for 3
years.
Respondents: All EAC grantees and
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through standardization of the types of
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Public Comments
We are soliciting public comments to
permit the EAC to:
• Evaluate whether the proposed
information collection is necessary for
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estimate of burden for this proposed
collection, including the validity of the
methodology and assumptions used.
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clarity of the information to be
collected.
Annual Reporting Burden
ANNUAL BURDEN ESTIMATES
Average
burden hours
per response
Annual burden
hours
Instrument
251 ....................................................
101 ....................................................
Election Security ...............................
EAC–PR ...........................................
EAC–PR ...........................................
EAC–PR ...........................................
29
12
56
2
2
2
1
1
1
58
24
112
Total ...........................................
...........................................................
........................
........................
........................
194
The estimated cost of the annualized
cost of this burden is: $4,677.34, which
is calculated by taking the annualized
burden (194 hours) and multiplying by
an hourly rate of $24.11 (GS–8/Step 5
hourly basic rate).
Camden Kelliher,
Deputy General Counsel, U.S. Election
Assistance Commission.
[FR Doc. 2023–21683 Filed 9–29–23; 8:45 am]
BILLING CODE 4810–71–P
DEPARTMENT OF ENERGY
[DOE Docket No. 202–23–1]
Emergency Order Issued to the
Electric Reliability Council of Texas,
Inc. (ERCOT), to Operate Power
Generating Facilities Under Limited
Circumstances in Texas as a Result of
Extreme Weather
Office of Cybersecurity, Energy
Security, and Emergency Response,
Department of Energy.
ACTION: Notice of emergency action.
AGENCY:
The U.S. Department of
Energy (DOE or the Department) is
issuing this Notice to document
emergency actions that it has taken
pursuant to the Federal Power Act. DOE
issued an emergency order to the
Electric Reliability Council of Texas,
Inc. (ERCOT) to operate certain power
SUMMARY:
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Total number
of responses
per year
Total number
of respondents
EAC Grant
VerDate Sep<11>2014
18:41 Sep 29, 2023
Jkt 262001
generating facilities under limited
circumstances as described further in
this section. ERCOT is the independent
system operator for over 26 million
people in Texas (ERCOT Region). The
State of Texas experienced a sustained
heat wave that resulted in abnormally
high electric demand. Because the
additional generation required to serve
the ERCOT Region was anticipated to
result in a conflict with environmental
standards and requirements, DOE
authorized only the necessary
additional generation for ERCOT to
sufficiently supply the amount of energy
needed to prevent electrical disruption.
However, because no facilities operated
above permitted levels during the
emergency as authorized by the DOE
order, no environmental impacts
resulted from DOE issuing the order.
Consequently, DOE has decided not to
prepare a special environmental
analysis.
Requests for more
information should be addressed by
electronic mail to AskCR@hq.doe.gov.
FOR FURTHER INFORMATION CONTACT: For
further information on this Notice, or for
information on the emergency activities
described herein, contact Kenneth
Buell, (202) 586–3362, Kenneth.Buell@
hq.doe.gov, to AskCR@hq.doe.gov, or by
mail to the attention of Kenneth Buell,
CR–30, 1000 Independence Ave. SW,
Washington, DC 20585.
ADDRESSES:
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The Order and all related information
are available here: https://
www.energy.gov/ceser/federal-poweract-section-202c-ercot-september-2023.
SUPPLEMENTARY INFORMATION:
Background
Section 202(c) of the Federal Power Act
The Department is issuing this Notice
pursuant to 10 CFR 1021.343(a) to
document emergency actions taken in
accordance with section 202(c) of the
Federal Power Act (FPA) (16 U.S.C.
824a(c)). FPA section 202(c) provides
that ‘‘[d]uring the continuance of any
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, either upon [her] own motion
or upon complaint, with or without
notice, hearing or report, to require by
order such temporary connections of
facilities and generation, delivery,
interchange, or transmission of electric
energy as in [her] judgment will best
meet the emergency and serve the
public interest.’’
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices
1. Request for Emergency Order From
ERCOT
On September 7, 2023, ERCOT filed a
Request for Emergency Order Under
Section 202(c) of the Federal Power Act
(Application) to allow ERCOT to operate
certain electric generating units up to
their maximum generation output levels
to preserve the reliability of the bulk
power system.
In its Application, ERCOT noted that
the region was experiencing extreme
heat conditions resulting in especially
high electric demand. On September 6,
2023, ERCOT reported that it
established a September load record,
and, on the same day, it declared an
Energy Emergency Alert (EEA) Level 2
due to low reserve margins coupled
with a post-contingency transmission
overload. ERCOT observed high loading
on a certain transmission element in
similar circumstances in the weeks
preceding September 7, 2023, and
assessed that a post-contingency
overload could occur again during the
later afternoon and evening hours of
September 7, 2023, and September 8,
2023. Such an overload would have
required ERCOT to reduce output of
resources impacting the loading on that
element, exacerbating ERCOT’s scarcity
concern. The extreme heat and high
electric demand were expected to
continue through September 8, 2023.
ERCOT requested the authority to
authorize the provision of additional
energy from the units identified in
Exhibit A of its Application, as well as
any other generating units subject to
emissions or other permit limitations,
subject to the Order (‘‘Specified
Resources’’). ERCOT stated that the
emergency order it was requesting could
result in exceedances of environmental
limits. Given the permit limits of the
Specified Resources, ERCOT anticipated
that the additional capacity may not be
made available absent an order under
FPA section 202(c).
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2. ERCOT Order
On September 7, 2023, the Secretary
of Energy issued Order No. 202–23–1
(the ERCOT Order). As set forth in the
ERCOT Order, the Secretary for Energy
found that given the emergency nature
of the expected load stress, the
responsibility of ERCOT to ensure
maximum reliability on its system, and
the ability of ERCOT to identify and
dispatch generation necessary to meet
the additional load, the issuance of the
Order would meet the emergency and
serve the public interest.
The Order authorized ERCOT to
dispatch the Specified Resources for the
period beginning with the issuance of
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18:41 Sep 29, 2023
Jkt 262001
the Order on September 7, 2023, for the
hours of 5 p.m. through 9 p.m. CDT and
5 p.m. and 9 p.m. CDT on Friday,
September 8, 2023, under the conditions
set forth in the Order, including the
following:
(i) For any Generation Resource or
Settlement Only Generator whose
operator notifies ERCOT that the unit is
unable, or expected to be unable, to
produce at its maximum output due to
an emissions or other limit in any
Federal environmental permit, the unit
would be allowed to exceed any such
limit only between the hours of 5 p.m.
and 9 p.m. CDT on Thursday,
September 7, 2023, and 5 p.m. and 9
p.m. CDT on Friday, September 8, 2023,
and only if ERCOT has declared an EEA
Level 2 or Level 3 that remained in
effect during all or any part of either
such period. This incremental amount
of restricted capacity would be offered
at a price no lower than $1,500/MWh.
Once ERCOT declares that it is no
longer in an EEA Level 2 or 3, or at 9
p.m. CDT, whichever occurs first, the
unit would be required to return to
operation within its permitted limits as
expeditiously as possible. And at all
other times, the unit would be required
to operate within its permitted limits.
(ii) For any Generation Resource
whose operator notifies ERCOT that the
unit will be offline at any point between
the hours of 5 p.m. and 9 p.m. CDT
Thursday, September 7, 2023, and 5
p.m. and 9 p.m. CDT Friday, September
8, 2023, or would need to go offline
during either such period, due to an
emissions or other limit in any Federal
environmental permit, if ERCOT has
declared or expects to declare an EEA
Level 2 or Level 3 that is expected to be
in effect during all or any part of that
period, then ERCOT may issue a
Reliability Unit Commitment (RUC)
instruction in advance of that period or
during that period directing the unit
operator to bring the unit online, or to
keep the unit online, and to operate at
the minimum level at which the
Resource can be sustainably operated. If
ERCOT issues the instruction in
advance of either such period, then
ERCOT shall endeavor to commit the
unit at a time that allows the unit to
reach its low sustained limit no earlier
than the beginning of that period or the
start of any EEA Level 2, whichever is
expected to occur last. An operator
subject to RUC instruction described
herein would be allowed to make all of
the unit’s capacity available to ERCOT
for dispatch during any period between
the hours of 5 p.m. and 9 p.m. CDT on
Thursday, September 7, 2023, and 5
p.m. and 9 p.m. CDT Friday, September
8, 2023, for which ERCOT has declared
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Sfmt 4703
67741
an EEA Level 2 or Level 3. This capacity
would be offered at a price no lower
than $1,500/MWh. Once ERCOT issues
a declaration indicating that it is no
longer in an EEA Level 2 or 3, or at 9
p.m. CDT, whichever occurs first, the
unit would be required to return to
operation within its permitted limits as
expeditiously as possible unless the unit
is subject to a subsequent RUC
instruction that complies with the terms
specified herein.
The Order required that ERCOT
provide a report by October 6, 2023, for
the dates between September 7, 2023
and September 8, 2023, inclusive, on
which the Specified Resources were
operated, the hours of operation, and
exceedance of permitting limits,
including sulfur dioxide, nitrogen
oxide, mercury, carbon monoxide, and
other air pollutants, as well as
exceedances of wastewater release
limits. The report was required to
include, (i) emissions data in pounds
per hour for each Specified Resource
unit, for each hour of the operational
scenario, for CO, NOX, PM10, VOC, and
SO2; (ii) emissions data must have
included emissions (lbs/hr) calculated
consistent with reporting obligations
pursuant to operating permits,
permitted operating/emission limits,
and the actual incremental emissions
above the permit limits; (iii) the number
and actual hours each day that each
Specified Resource unit operated in
excess of permit limits or conditions,
e.g., ‘‘Generator #1; September 8, 2023;
4 hours; 04:00–08:00 CDT’’; (iv) the
amount, type and formulation of any
fuel used by each Specified Resource;
(v) all reporting provided under the
Specified Resource’s operating permit
requirements over the last three years to
the United States Environmental
Protection Agency or local Air Quality
Management District for the location of
a Specified Resource that operates
pursuant to the Order; (vi) additional
information requested by DOE as it
performs any environmental review
relating to the issuance of the Order;
and (vii) information provided by the
Specified Resource complied with
applicable environmental requirements
to the maximum extent feasible while
operating consistent with emergency
conditions. The Order also required that
ERCOT submit a final report by
November 6, 2023, with any revisions to
the information reported on October 6,
2023. However, because no facilities
operated above permitted levels during
the emergency as authorized by the DOE
order, no environmental impacts
resulted from DOE issuing the order.
Consequently, DOE has decided not to
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67742
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices
prepare a special environmental
analysis.
Signing Authority
This document of the Department of
Energy was signed on September 26,
2023, by Puesh M. Kumar, Director 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
27, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2023–21719 Filed 9–29–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 1962–225]
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Pacific Gas and Electric 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: Application for
Temporary Variance of Flow
Requirements.
b. Project No: 1962–225.
c. Date Filed: September 15, 2023.
d. Applicant: Pacific Gas and Electric
Company (licensee).
e. Name of Project: Rock Creek-Cresta
Hydroelectric Project.
f. Location: The project is located on
the North Fork Feather River, upstream
of Lake Oroville, near the Town of
Tobin, in Butte and Plumas Counties,
California.
g. Filed Pursuant to: Federal Power
Act, 16 U.S.C. 791a–825r.
h. Applicant Contact: Mr. Chadwick
McCready, License Coordinator; Pacific
Gas and Electric Company, P.O. Box
28209, Oakland, CA 94604; Phone: (530)
685–5710.
VerDate Sep<11>2014
18:41 Sep 29, 2023
Jkt 262001
i. FERC Contact: Katherine Schmidt,
Phone: (415) 369–3348,
katherine.schmidt@ferc.gov.
j. Deadline for filing comments,
motions to intervene, and protests:
October 11, 2023.
The Commission strongly encourages
electronic filing. Please file comments,
motions to intervene, and protests using
the Commission’s eFiling system at
https://www.ferc.gov/docs-filing/
efiling.asp. Commenters can submit
brief comments up to 6,000 characters,
without prior registration, using the
eComment system at https://
www.ferc.gov/docs-filing/
ecomment.asp. You must include your
name and contact information at the end
of your comments. 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. The first
page of any filing should include the
docket number P–2107–054. Comments
emailed to Commission staff are not
considered part of the Commission
record.
The Commission’s Rules of Practice
and Procedure require all intervenors
filing documents with the Commission
to serve a copy of that document on
each person whose name appears on the
official service list for the project.
Further, if an intervenor files comments
or documents with the Commission
relating to the merits of an issue that
may affect the responsibilities of a
particular resource agency, they must
also serve a copy of the document on
that resource agency.
k. Description of Request: The
licensee requests a temporary reduction
in minimum instream flow in the Rock
Creek Reach from 390 cubic feet per
second (cfs) down to 200 cfs for the
month of October and down to 150 cfs
for the month of November, as measured
at compliance point NF–70, to facilitate
streambed restoration and repairs to
Forest Service System Road 26N26 (also
known as Caribou Road) following
damage caused by summer
thunderstorms and associated debris
flows. The temporary variance would
begin the date the variance is approved
and end November 30, 2023. All
reductions in flows would occur
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Frm 00016
Fmt 4703
Sfmt 4703
following previously approved ramping
rates.
l. Locations of the Application: This
filing may be viewed on the
Commission’s website at 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 document. You may
also register online at https://
www.ferc.gov/docs-filing/esubscription.
asp to be notified via email of new
filings and issuances related to this or
other pending projects. For assistance,
call 1–866–208–3676 or email
FERCOnlineSupport@ferc.gov, for TTY,
call (202) 502–8659. Agencies may
obtain copies of the application directly
from the applicant.
m. Individuals desiring to be included
on the Commission’s mailing list should
so indicate by writing to the Secretary
of the Commission.
n. Comments, Protests, or Motions to
Intervene: Anyone may submit
comments, a protest, or a motion to
intervene in accordance with the
requirements of Rules of Practice and
Procedure, 18 CFR 385.210, .211, .214,
respectively. In determining the
appropriate action to take, the
Commission will consider all protests or
other comments filed, but only those
who file a motion to intervene in
accordance with the Commission’s
Rules may become a party to the
proceeding. Any comments, protests, or
motions to intervene must be received
on or before the specified comment date
for the particular application.
o. Filing and Service of Documents:
Any filing must (1) bear in all capital
letters the title ‘‘COMMENTS’’,
‘‘PROTEST’’, or ‘‘MOTION TO
INTERVENE’’ as applicable; (2) set forth
in the heading the name of the applicant
and the project number of the
application to which the filing
responds; (3) furnish the name, address,
and telephone number of the person
commenting, protesting or intervening;
and (4) otherwise comply with the
requirements of 18 CFR 385.2001
through 385.2005. All comments,
motions to intervene, or protests must
set forth their evidentiary basis. Any
filing made by an intervenor must be
accompanied by proof of service on all
persons listed in the service list
prepared by the Commission in this
proceeding, in accordance with 18 CFR
385.2010.
p. The Commission’s Office of Public
Participation (OPP) supports meaningful
public engagement and participation in
Commission proceedings. OPP can help
members of the public, including
landowners, environmental justice
communities, Tribal members and
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]]>Agencies
[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Notices]
[Pages 67740-67742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21719]
=======================================================================
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DEPARTMENT OF ENERGY
[DOE Docket No. 202-23-1]
Emergency Order Issued to the Electric Reliability Council of
Texas, Inc. (ERCOT), to Operate Power Generating Facilities Under
Limited Circumstances in Texas as a Result of Extreme Weather
AGENCY: Office of Cybersecurity, Energy Security, and Emergency
Response, Department of Energy.
ACTION: Notice of emergency action.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE or the Department) is
issuing this Notice to document emergency actions that it has taken
pursuant to the Federal Power Act. DOE issued an emergency order to the
Electric Reliability Council of Texas, Inc. (ERCOT) to operate certain
power generating facilities under limited circumstances as described
further in this section. ERCOT is the independent system operator for
over 26 million people in Texas (ERCOT Region). The State of Texas
experienced a sustained heat wave that resulted in abnormally high
electric demand. Because the additional generation required to serve
the ERCOT Region was anticipated to result in a conflict with
environmental standards and requirements, DOE authorized only the
necessary additional generation for ERCOT to sufficiently supply the
amount of energy needed to prevent electrical disruption. However,
because no facilities operated above permitted levels during the
emergency as authorized by the DOE order, no environmental impacts
resulted from DOE issuing the order. Consequently, DOE has decided not
to prepare a special environmental analysis.
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 described
herein, contact Kenneth Buell, (202) 586-3362,
[email protected], to [email protected], or by mail to the
attention of Kenneth Buell, CR-30, 1000 Independence Ave. SW,
Washington, DC 20585.
The Order and all related information are available here: https://www.energy.gov/ceser/federal-power-act-section-202c-ercot-september-2023.
SUPPLEMENTARY INFORMATION:
Background
Section 202(c) of the Federal Power Act
The Department is issuing this Notice pursuant to 10 CFR
1021.343(a) to document emergency actions taken in accordance with
section 202(c) of the Federal Power Act (FPA) (16 U.S.C. 824a(c)). FPA
section 202(c) provides that ``[d]uring the continuance of any 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, either upon [her] own
motion or upon complaint, with or without notice, hearing or report, to
require by order such temporary connections of facilities and
generation, delivery, interchange, or transmission of electric energy
as in [her] judgment will best meet the emergency and serve the public
interest.''
[[Page 67741]]
1. Request for Emergency Order From ERCOT
On September 7, 2023, ERCOT filed a Request for Emergency Order
Under Section 202(c) of the Federal Power Act (Application) to allow
ERCOT to operate certain electric generating units up to their maximum
generation output levels to preserve the reliability of the bulk power
system.
In its Application, ERCOT noted that the region was experiencing
extreme heat conditions resulting in especially high electric demand.
On September 6, 2023, ERCOT reported that it established a September
load record, and, on the same day, it declared an Energy Emergency
Alert (EEA) Level 2 due to low reserve margins coupled with a post-
contingency transmission overload. ERCOT observed high loading on a
certain transmission element in similar circumstances in the weeks
preceding September 7, 2023, and assessed that a post-contingency
overload could occur again during the later afternoon and evening hours
of September 7, 2023, and September 8, 2023. Such an overload would
have required ERCOT to reduce output of resources impacting the loading
on that element, exacerbating ERCOT's scarcity concern. The extreme
heat and high electric demand were expected to continue through
September 8, 2023. ERCOT requested the authority to authorize the
provision of additional energy from the units identified in Exhibit A
of its Application, as well as any other generating units subject to
emissions or other permit limitations, subject to the Order
(``Specified Resources''). ERCOT stated that the emergency order it was
requesting could result in exceedances of environmental limits. Given
the permit limits of the Specified Resources, ERCOT anticipated that
the additional capacity may not be made available absent an order under
FPA section 202(c).
2. ERCOT Order
On September 7, 2023, the Secretary of Energy issued Order No. 202-
23-1 (the ERCOT Order). As set forth in the ERCOT Order, the Secretary
for Energy found that given the emergency nature of the expected load
stress, the responsibility of ERCOT to ensure maximum reliability on
its system, and the ability of ERCOT to identify and dispatch
generation necessary to meet the additional load, the issuance of the
Order would meet the emergency and serve the public interest.
The Order authorized ERCOT to dispatch the Specified Resources for
the period beginning with the issuance of the Order on September 7,
2023, for the hours of 5 p.m. through 9 p.m. CDT and 5 p.m. and 9 p.m.
CDT on Friday, September 8, 2023, under the conditions set forth in the
Order, including the following:
(i) For any Generation Resource or Settlement Only Generator whose
operator notifies ERCOT that the unit is unable, or expected to be
unable, to produce at its maximum output due to an emissions or other
limit in any Federal environmental permit, the unit would be allowed to
exceed any such limit only between the hours of 5 p.m. and 9 p.m. CDT
on Thursday, September 7, 2023, and 5 p.m. and 9 p.m. CDT on Friday,
September 8, 2023, and only if ERCOT has declared an EEA Level 2 or
Level 3 that remained in effect during all or any part of either such
period. This incremental amount of restricted capacity would be offered
at a price no lower than $1,500/MWh. Once ERCOT declares that it is no
longer in an EEA Level 2 or 3, or at 9 p.m. CDT, whichever occurs
first, the unit would be required to return to operation within its
permitted limits as expeditiously as possible. And at all other times,
the unit would be required to operate within its permitted limits.
(ii) For any Generation Resource whose operator notifies ERCOT that
the unit will be offline at any point between the hours of 5 p.m. and 9
p.m. CDT Thursday, September 7, 2023, and 5 p.m. and 9 p.m. CDT Friday,
September 8, 2023, or would need to go offline during either such
period, due to an emissions or other limit in any Federal environmental
permit, if ERCOT has declared or expects to declare an EEA Level 2 or
Level 3 that is expected to be in effect during all or any part of that
period, then ERCOT may issue a Reliability Unit Commitment (RUC)
instruction in advance of that period or during that period directing
the unit operator to bring the unit online, or to keep the unit online,
and to operate at the minimum level at which the Resource can be
sustainably operated. If ERCOT issues the instruction in advance of
either such period, then ERCOT shall endeavor to commit the unit at a
time that allows the unit to reach its low sustained limit no earlier
than the beginning of that period or the start of any EEA Level 2,
whichever is expected to occur last. An operator subject to RUC
instruction described herein would be allowed to make all of the unit's
capacity available to ERCOT for dispatch during any period between the
hours of 5 p.m. and 9 p.m. CDT on Thursday, September 7, 2023, and 5
p.m. and 9 p.m. CDT Friday, September 8, 2023, for which ERCOT has
declared an EEA Level 2 or Level 3. This capacity would be offered at a
price no lower than $1,500/MWh. Once ERCOT issues a declaration
indicating that it is no longer in an EEA Level 2 or 3, or at 9 p.m.
CDT, whichever occurs first, the unit would be required to return to
operation within its permitted limits as expeditiously as possible
unless the unit is subject to a subsequent RUC instruction that
complies with the terms specified herein.
The Order required that ERCOT provide a report by October 6, 2023,
for the dates between September 7, 2023 and September 8, 2023,
inclusive, on which the Specified Resources were operated, the hours of
operation, and exceedance of permitting limits, including sulfur
dioxide, nitrogen oxide, mercury, carbon monoxide, and other air
pollutants, as well as exceedances of wastewater release limits. The
report was required to include, (i) emissions data in pounds per hour
for each Specified Resource unit, for each hour of the operational
scenario, for CO, NOX, PM10, VOC, and
SO2; (ii) emissions data must have included emissions (lbs/
hr) calculated consistent with reporting obligations pursuant to
operating permits, permitted operating/emission limits, and the actual
incremental emissions above the permit limits; (iii) the number and
actual hours each day that each Specified Resource unit operated in
excess of permit limits or conditions, e.g., ``Generator #1; September
8, 2023; 4 hours; 04:00-08:00 CDT''; (iv) the amount, type and
formulation of any fuel used by each Specified Resource; (v) all
reporting provided under the Specified Resource's operating permit
requirements over the last three years to the United States
Environmental Protection Agency or local Air Quality Management
District for the location of a Specified Resource that operates
pursuant to the Order; (vi) additional information requested by DOE as
it performs any environmental review relating to the issuance of the
Order; and (vii) information provided by the Specified Resource
complied with applicable environmental requirements to the maximum
extent feasible while operating consistent with emergency conditions.
The Order also required that ERCOT submit a final report by November 6,
2023, with any revisions to the information reported on October 6,
2023. However, because no facilities operated above permitted levels
during the emergency as authorized by the DOE order, no environmental
impacts resulted from DOE issuing the order. Consequently, DOE has
decided not to
[[Page 67742]]
prepare a special environmental analysis.
Signing Authority
This document of the Department of Energy was signed on September
26, 2023, by Puesh M. Kumar, Director 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 27, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-21719 Filed 9-29-23; 8:45 am]
BILLING CODE 6450-01-P
