Records Governing Off-the-Record Communications, 88905-88906 [2023-28434]
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Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
credible assertion that investment
managers, like BlackRock, State Street
Corporation, and The Vanguard Group,
Inc., are always or should be assumed
to be merely passive investors. These
investment managers are often the three
biggest investors in publicly traded
companies across the U.S. economy,
including the utility industry, and wield
significant financial power by virtue of
their investments.3 These investment
managers may occasionally use that
financial power to push various types of
policy agendas, agendas that may
ultimately conflict with the utility’s
public service obligations to its
customers.4 Or, totally different from
any policy goal, the threat may come
from a private equity investor’s attempt
to turn a quick profit on a short-term
trade by undercutting utility practices
that are designed to serve its retail
customers over the long term, not the
short-term interests of the private equity
investor.
3. One focus recently, and rightfully
so, has been on ‘‘ESG’’ (environmental,
social, and governance-related)
corporate initiatives, with huge asset
managers pushing policy decisions that
should be left to elected legislators. For
example, I have pointed out the
reliability problems that will result from
premature dispatchable generation
retirements that may come from these
initiatives.5 Decisions on the
appropriate generation resources mix for
a public utility with a state-granted
franchise are policy decisions for state
policymakers, not huge Wall Street asset
managers.
4. But let us be clear—‘‘ESG’’ investor
activity is simply a symptom of a larger,
more pernicious threat that has always
existed in the utility industry: improper
investor influence and control over
public utilities. Large investors can and
do force utilities to make decisions that
are contrary to their public service
obligations to their retail customers.
This, among other related concerns, is
exactly why Congress enacted a suite of
consumer protection statutes, including
the FPA almost 100 years ago.
Congress’s subsequent revisions to the
FPA over the years, such as by the
Energy Policy Act of 2005, signal the
ongoing importance of consumer
protection in the Commission’s
regulatory responsibilities, including
under section 203. Congress may have
directed the Commission to streamline
its regulations to facilitate greater
investments in the utility industry, such
as through section 203 blanket
authorizations,6 but that streamlining
does not, and should never, come at
expense of protecting consumers.
Indeed, it is the Commission’s task to
balance these two competing
responsibilities and to continue to
revisit and evaluate that balance. So I
fully agree that this NOI is timely and
compelling and I look forward to
moving forward on it.
khammond on DSKJM1Z7X2PROD with NOTICES
Prohibited
1. CP22–2–000
2. CP22–2–000
3. CP22–2–000
4. CP22–2–000
For these reasons, I respectfully concur.
[FR Doc. 2023–28443 Filed 12–22–23; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RM98–1–000]
Records Governing Off-the-Record
Communications
This constitutes notice, in accordance
with 18 CFR 385.2201(b), of the receipt
of prohibited and exempt off-the-record
communications.
Order No. 607 (64 FR 51222,
September 22, 1999) requires
Commission decisional employees, who
make or receive a prohibited or exempt
off-the-record communication relevant
to the merits of a contested proceeding,
to deliver to the Secretary of the
VerDate Sep<11>2014
File date
..........................................................................................................
..........................................................................................................
..........................................................................................................
..........................................................................................................
Concurrence), available at https://www.ferc.gov/
news-events/news/commissioner-christiesconcurrence-blackrocks-authorization-buy-votingsecurities.
3 You can see the extent of these investment
managers’ holdings through the quarterly reports
the Commission receives as part of the requirements
associated with section 203(a)(2) blanket
authorizations. See, e.g., BlackRock, Quarterly
Report, Docket No. EC16–77–002 (filed Nov. 15,
20:25 Dec 22, 2023
Jkt 262001
Commission, a copy of the
communication, if written, or a
summary of the substance of any oral
communication.
Prohibited communications are
included in a public, non-decisional file
associated with, but not a part of, the
decisional record of the proceeding.
Unless the Commission determines that
the prohibited communication and any
responses thereto should become a part
of the decisional record, the prohibited
off-the-record communication will not
be considered by the Commission in
reaching its decision. Parties to a
proceeding may seek the opportunity to
respond to any facts or contentions
made in a prohibited off-the-record
communication and may request that
the Commission place the prohibited
communication and responses thereto
in the decisional record. The
Commission will grant such a request
only when it determines that fairness so
requires. Any person identified below as
having made a prohibited off-the-record
communication shall serve the
document on all parties listed on the
official service list for the applicable
proceeding in accordance with Rule
2010, 18 CFR 385.2010.
Exempt off-the-record
communications are included in the
decisional record of the proceeding,
unless the communication was with a
cooperating agency as described by 40
CFR 1501.6, made under 18 CFR
385.2201(e) (1) (v).
The following is a list of off-therecord communications recently
received by the Secretary of the
Commission. 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. For
assistance, please contact FERC Online
Support at FERCOnlineSupport@
ferc.gov or toll free at (866) 208–3676, or
for TTY, contact (202) 502–8659.
Mark C. Christie
Commissioner
Docket Nos.
Frm 00042
Fmt 4703
Sfmt 4703
Presenter or requester
12–12–2023
12–12–2023
12–13–2023
12–15–2023
2023) (detailing holdings in several publicly traded
holding companies with public utility subsidiaries).
4 See BlackRock Concurrence at PP 4–5.
5 See, e.g., Testimony of Commissioner Mark C.
Christie, Oversight of FERC: Adhering to a Mission
of Affordable and Reliable Energy for America,
United States House of Representatives (June 12,
2023), available at https://www.ferc.gov/media/
testimony-commissioner-mark-c-christie-oversightferc-adhering-mission-affordable-and; Written
Testimony of Commissioner Mark Christie Before
PO 00000
88905
FERC
FERC
FERC
FERC
Staff 1
Staff 2
Staff 3
Staff 4
the Committee on Energy and Natural Resources,
United States Senate (Sept. 27, 2021), available at
https://cms.ferc.gov/media/written-testimonycommissioner-mark-christie-committee-energy-andnatural-resources-united.
6 See, e.g., Transactions Subject to FPA Section
203, Order No. 669, 113 FERC ¶ 61,315 (2005),
order on reh’g, Order No. 669–A, 115 FERC
¶ 61,097, order on reh’g, Order No. 669–B, 116
FERC ¶ 61,076 (2006).
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88906
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
Docket Nos.
File date
Presenter or requester
Exempt
None.
1 Emailed
comments
comments
comments
4 Emailed comments
2 Emailed
3 Emailed
from
from
from
from
Nathalie Bouville and 15 other individuals.
Paul Snodgrass and 13 other individuals.
Alan Unell and 22 other individuals.
Harry Moody.
Dated: December 19, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023–28434 Filed 12–22–23; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
khammond on DSKJM1Z7X2PROD with NOTICES
Combined Notice of Filings #1
Take notice that the Commission
received the following electric corporate
filings:
Docket Numbers: EC24–27–000.
Applicants: Evergy Missouri West,
Inc., Dogwood Energy LLC.
Description: Joint Application for
Authorization Under Section 203 of the
Federal Power Act of Evergy Missouri
West, Inc.
Filed Date: 12/18/23.
Accession Number: 20231218–5274.
Comment Date: 5 p.m. ET 1/8/24.
Take notice that the Commission
received the following exempt
wholesale generator filings:
Docket Numbers: EG24–59–000.
Applicants: Yellow Pine Solar II, LLC.
Description: Yellow Pine Solar II, LLC
submits Notice of Self–Certification of
Exempt Wholesale Generator Status.
Filed Date: 12/19/23.
Accession Number: 20231219–5146.
Comment Date: 5 p.m. ET 1/9/24.
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER19–1217–005.
Applicants: Montana-Dakota Utilities
Co.
Description: Triennial Market Power
Analysis for Central Region of MontanaDakota Utilities Co.
Filed Date: 12/15/23.
Accession Number: 20231215–5329.
Comment Date: 5 p.m. ET 2/13/24.
Docket Numbers: ER22–2185–003.
Applicants: Black Hills Colorado
Electric, LLC.
Description: Compliance filing:
Compliance Filing of Tariff Sheets to
Implement Formula Rate Settlement to
be effective 9/1/2022.
Filed Date: 12/18/23.
Accession Number: 20231218–5254.
VerDate Sep<11>2014
20:25 Dec 22, 2023
Jkt 262001
Comment Date: 5 p.m. ET 1/8/24.
Docket Numbers: ER24–226–001.
Applicants: Evergy Missouri West,
Inc., Evergy Metro, Inc., Southwest
Power Pool, Inc.
Description: Tariff Amendment:
Southwest Power Pool, Inc. submits
tariff filing per 35.17(b): Amended
Filing—Revisions to the Formula Rate of
Evergy Companies to be effective 12/27/
2023.
Filed Date: 12/18/23.
Accession Number: 20231218–5249.
Comment Date: 5 p.m. ET 1/8/24.
Docket Numbers: ER24–678–001.
Applicants: PJM Interconnection,
L.L.C.
Description: Tariff Amendment:
Amendment of Cancellation of WMPA,
SA No. 6228; AF2–057 in Docket ER24–
678–000 to be effective 2/14/2024.
Filed Date: 12/18/23.
Accession Number: 20231218–5261.
Comment Date: 5 p.m. ET 1/8/24.
Docket Numbers: ER24–697–000.
Applicants: Westlands Solar Blue
(OZ) Owner, LLC.
Description: Baseline eTariff Filing:
Solar Blue Application for Market-Based
Rate Authorization to be effective 12/19/
2023.
Filed Date: 12/18/23.
Accession Number: 20231218–5272.
Comment Date: 5 p.m. ET 1/8/24.
Docket Numbers: ER24–698–000.
Applicants: Castanea Project, LLC.
Description: Baseline eTariff Filing:
Castanea Application for Market-Based
Rate Authorization to be effective 12/19/
2023.
Filed Date: 12/19/23.
Accession Number: 20231219–5002.
Comment Date: 5 p.m. ET 1/9/24.
Docket Numbers: ER24–699–000.
Applicants: Southwest Power Pool,
Inc.
Description: § 205(d) Rate Filing: 4200
NextEra Energy Resources Surplus
Interconnection GIA to be effective 2/
17/2024.
Filed Date: 12/19/23.
Accession Number: 20231219–5004.
Comment Date: 5 p.m. ET 1/9/24.
Docket Numbers: ER24–700–000.
Applicants: Southwest Power Pool,
Inc.
Description: § 205(d) Rate Filing: 4201
Wildcat Ranch Energy Storage Surplus
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
InterconnectionGIA to be effective 2/17/
2024.
Filed Date: 12/19/23.
Accession Number: 20231219–5009.
Comment Date: 5 p.m. ET 1/9/24.
Docket Numbers: ER24–701–000.
Applicants: New York Independent
System Operator, Inc.
Description: § 205(d) Rate Filing:
NYISO 205: Proposed ICAP Demand
Curve Enhancements re: Seasonal
Reference Points to be effective 2/20/
2024.
Filed Date: 12/19/23.
Accession Number: 20231219–5063.
Comment Date: 5 p.m. ET 1/9/24.
Docket Numbers: ER24–702–000.
Applicants: Duke Energy Indiana,
LLC.
Description: § 205(d) Rate Filing: DEIBlocke RS No. 283 Facilities Agmt to be
effective 2/18/2024.
Filed Date: 12/19/23.
Accession Number: 20231219–5102.
Comment Date: 5 p.m. ET 1/9/24.
Docket Numbers: ER24–703–000.
Applicants: Virginia Electric and
Power Company, PJM Interconnection,
L.L.C.
Description: § 205(d) Rate Filing:
Virginia Electric and Power Company
submits tariff filing per 35.13(a)(2)(iii:
VEPCO submits One WDSA, SA No.
7142 to be effective 9/27/2023.
Filed Date: 12/19/23.
Accession Number: 20231219–5109.
Comment Date: 5 p.m. ET 1/9/24.
Docket Numbers: ER24–704–000.
Applicants: Alabama Power
Company, Georgia Power Company,
Mississippi Power Company.
Description: Tariff Amendment:
Alabama Power Company submits tariff
filing per 35.15: Putney Solar (Solar &
Battery) LGIA Termination Filing to be
effective 12/19/2023.
Filed Date: 12/19/23.
Accession Number: 20231219–5125.
Comment Date: 5 p.m. ET 1/9/24.
Docket Numbers: ER24–705–000.
Applicants: Bazinga, LLC.
Description: Baseline eTariff Filing:
Baseline new to be effective 12/20/2023.
Filed Date: 12/19/23.
Accession Number: 20231219–5193.
Comment Date: 5 p.m. ET 1/9/24.
Take notice that the Commission
received the following electric
reliability filings:
E:\FR\FM\26DEN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88905-88906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28434]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RM98-1-000]
Records Governing Off-the-Record Communications
This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e) (1) (v).
The following is a list of off-the-record communications recently
received by the Secretary of the Commission. 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. For assistance, please
contact FERC Online Support at [email protected] or toll free
at (866) 208-3676, or for TTY, contact (202) 502-8659.
----------------------------------------------------------------------------------------------------------------
Docket Nos. File date Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited
1. CP22-2-000...................... 12-12-2023 FERC Staff \1\
2. CP22-2-000...................... 12-12-2023 FERC Staff \2\
3. CP22-2-000...................... 12-13-2023 FERC Staff \3\
4. CP22-2-000...................... 12-15-2023 FERC Staff \4\
[[Page 88906]]
Exempt
None...............................
----------------------------------------------------------------------------------------------------------------
\1\ Emailed comments from Nathalie Bouville and 15 other individuals.
\2\ Emailed comments from Paul Snodgrass and 13 other individuals.
\3\ Emailed comments from Alan Unell and 22 other individuals.
\4\ Emailed comments from Harry Moody.
Dated: December 19, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-28434 Filed 12-22-23; 8:45 am]
BILLING CODE 6717-01-P
