Order on Intent To Revoke Market-Based Rate Authority, 86333-86334 [2024-25156]
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Federal Register / Vol. 89, No. 210 / Wednesday, October 30, 2024 / Notices
Dated: October 23, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024–25158 Filed 10–29–24; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Order on Intent To Revoke MarketBased Rate Authority
Before Commissioners: Willie L.
Phillips, Chairman; Mark C. Christie,
David Rosner, Lindsay S. See and
Judy W. Chang.
Docket Nos.
Electric Quarterly Reports
Astral Energy LLC .............
Clear Green Energy LLC ...
GP Energy Management
LLC.
Homer City Generation,
L.P.
Mega Energy Holdings
LLC.
Planet Energy (Maryland)
Corp.
Planet Energy (New York)
Corp.
Planet Energy (Pennsylvania) Corp.
Planet Energy (USA) Corp
Power Supply Services
LLC.
Relief Energy LLC .............
The Valence Group, LLC ..
ER02–2001–020
ER14–519–000
ER23–946–000
ER15–230–000
ER23–2614–000
ER13–1298–001
ER11–2168–001
ER11–2179–001
ER11–2167–001
ER11–2166–001
ER12–862–000
ER23–945–000
ER22–549–000
ddrumheller on DSK120RN23PROD with NOTICES1
1. Section 205 of the Federal Power
Act (FPA), 16 U.S.C. 824d, and 18 CFR
part 35 (2024), 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).
VerDate Sep<11>2014
17:59 Oct 29, 2024
Jkt 265001
2. The Commission requires sellers
with market-based rate authorization to
file Electric Quarterly Reports
summarizing contractual and
transaction information related to their
market-based power sales as a condition
for retaining that authorization.2
Commission staff’s review of the
Electric Quarterly Reports indicates that
the following 12 public utilities with
market-based rate authorization have
failed to file their Electric Quarterly
Reports: Astral Energy LLC, Clear Green
Energy LLC, GP Energy Management
LLC, Homer City Generation, L.P., Mega
Energy Holdings LLC, Planet Energy
(Maryland) Corp., Planet Energy (New
York) Corp., Planet Energy
(Pennsylvania) Corp., Planet Energy
(USA) Corp., Power Supply Services
LLC, Relief Energy LLC, and The
Valence Group, LLC. This order notifies
these public utilities that their marketbased rate authorizations will be
revoked unless they comply with the
Commission’s requirements within 15
days of the date of issuance of this
order.
3. In Order No. 2001, the Commission
stated that:
[i]f a public utility fails to file a[n] Electric
Quarterly Report (without an appropriate
request for extension), or fails to report an
agreement in a report, that public utility may
forfeit its market-based rate authority and
may be required to file a new application for
market-based rate authority if it wishes to
resume making sales at market-based rates.3
4. The Commission further stated that:
the requirement to comply with this rule . . .
supersede[s] 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
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 (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, 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 PP 222.
4 Id. P 223.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
86333
sellers that failed to submit Electric
Quarterly Reports.5
6. Sellers must file Electric Quarterly
Reports consistent with the procedures
set forth in Order Nos. 2001, 768,6 and
770.7 The exact filing dates for Electric
Quarterly Reports are prescribed in 18
CFR 35.10b. As noted above,
Commission staff’s review of the
Electric Quarterly Reports for the period
up to the second quarter of 2024
identified 12 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 Electric Quarterly Reports
in compliance with the Commission’s
requirements, their 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
5 See, e.g., Electric Quarterly Reports, 82 FR
60976 (Dec. 26, 2017); Electric Quarterly Reports,
80 FR 58243 (Sep. 28, 2015); Electric Quarterly
Reports, 79 FR 65,651 (Nov. 5, 2014).
6 Electricity Mkt. Transparency Provisions of
Section 220 of the Federal Power Act, Order No.
768, 140 FERC ¶ 61,232 (2012), order on reh’g,
Order No. 768–A, 143 FERC ¶ 61,054 (2013), order
on reh’g, Order No. 768–B, 150 FERC ¶ 61,075
(2015).
7 Revisions to Elec. Quarterly Rep. Filing Process,
Order No. 770, 141 FERC ¶ 61,120 (2012).
E:\FR\FM\30OCN1.SGM
30OCN1
86334
Federal Register / Vol. 89, No. 210 / Wednesday, October 30, 2024 / Notices
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: October 23, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024–25156 Filed 10–29–24; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC24–24–000]
Commission Information Collection
Activities (FERC–725V); Comment
Request; Extension
Federal Energy Regulatory
Commission.
ACTION: Notice of information collection
and request for comments.
AGENCY:
In compliance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Energy Regulatory Commission
(Commission or FERC) is soliciting
public comment on the currently
approved information collection, FERC–
725V, Mandatory Reliability Standards:
COM Reliability Standards. There are no
changes to the reporting requirements
with this information collection. The
60-day notice comment period ended on
October 21, 2024, with no comments
received.
SUMMARY:
Comments on the collection of
information are due November 29, 2024.
ADDRESSES: Send written comments on
FERC–725V to OMB through
www.reginfo.gov/public/do/PRAMain.
Attention: Federal Energy Regulatory
Commission Desk Officer. Please
identify the OMB Control Number
(1902–0277) in the subject line of your
comments. Comments should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain.
ddrumheller on DSK120RN23PROD with NOTICES1
DATES:
Send written comments on
FERC–725V to OMB through
www.reginfo.gov/public/do/PRAMain.
Attention: Federal Energy Regulatory
ADDRESSES:
VerDate Sep<11>2014
17:59 Oct 29, 2024
Jkt 265001
Commission Desk Officer. Please
identify the OMB Control Number
(1902–0277) in the subject line of your
comments. Comments should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain.
Please submit copies of your
comments to the Commission. You may
submit copies of your comments
(identified by Docket No. IC24–24–000)
by one of the following methods:
Electronic filing through https://
www.ferc.gov, is preferred.
• Electronic Filing: Documents must
be filed in acceptable native
applications and print-to-PDF, but not
in scanned or picture format.
• For those unable to file
electronically, comments may be filed
by USPS mail or by other delivery
methods:
Æ Mail via U.S. Postal Service Only:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street, NE, Washington, DC 20426.
Æ All other delivery methods: Federal
Energy Regulatory Commission,
Secretary of the Commission, 12225
Wilkins Avenue, Rockville, MD 20852.
Instructions: OMB submissions must
be formatted and filed in accordance
with submission guidelines at
www.reginfo.gov/public/do/PRAMain.
Using the search function under the
‘‘Currently Under Review’’ field, select
Federal Energy Regulatory Commission;
click ‘‘submit,’’ and select ‘‘comment’’
to the right of the subject collection.
FERC submissions must be formatted
and filed in accordance with submission
guidelines at: https://www.ferc.gov/ferconline/overview. For user assistance,
contact FERC Online Support by email
at ferconlinesupport@ferc.gov, or by
phone at: (866) 208–3676 (toll-free).
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov/ferconline/overview.
FOR FURTHER INFORMATION CONTACT:
Kayla Williams may be reached by
email at DataClearance@FERC.gov,
telephone at (202) 502–6468.
SUPPLEMENTARY INFORMATION: Title:
FERC–725V, Mandatory Reliability
Standards: COM Reliability Standards.
OMB Control No.: 1902–0277.
Type of Request: Three-year extension
of the FERC–725V information
collection requirements with no changes
to the current reporting requirements.
Abstract: On August 15, 2016, the
North American Electric Reliability
Corporation (NERC) filed a petition for
Commission approval, pursuant to
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
section 215(d)(1) of the Federal Power
Act (‘‘FPA’’) 1 and Section 39.5 2 of the
Federal Energy Regulatory
Commission’s regulations, for
Reliability Standard COM–001–3
(Communications), the associated
Implementation Plan, retirement of
currently-effective Reliability Standard
COM–001–2.1, and Violation Risk
Factors (‘‘VRFs’’) and Violation Severity
Levels (‘‘VSLs’’) associated with new
Requirements R12 and R13 in
Reliability Standard COM–001–3.
Reliability Standard COM–001–3
reflects revisions developed under
Project 2015–07 Internal
Communications Capabilities, in
compliance with the Commission’s
directive in Order No. 888 that NERC
‘‘develop modifications to COM–001–2,
or develop a new standard, to address
the Commission’s concerns regarding
ensuring the adequacy of internal
communications capability whenever
internal communications could directly
affect reliable operations.
Reliability Standards COM–001–2 and
COM–002–4 do not require responsible
entities to file information with the
Commission. COM–001–2 requires that
transmission operators, balancing
authorities, reliability coordinators,
distribution providers, and generator
operators to maintain documentation of
interpersonal communication capability
and designation of Alternate
Interpersonal Communication, as well
as evidence of testing of the Alternate
Interpersonal Communication facilities.
COM–002–4 requires balancing
authorities, distribution providers,
reliability coordinators, transmission
operators, and generator operators to
develop and maintain documented
communication protocols, and to be
able to provide evidence of training on
the protocols in their annual
assessment. Additionally, all applicable
entities (balancing authorities,
reliability coordinators, transmission
operators, generator operators, and
distribution providers) must be able to
provide evidence of three-part
communication when issuing or
receiving an operating instruction
during an Emergency.
The one-time consideration of
responsibility for COM–002–4
associated with Requirement R1 is no
longer needed as entities previously
developed protocols associated with
effective communication. The ongoing
work for COM–001–3 and COM–002–4
will remain the same, but the type of job
responsibilities to follow the
requirements will be split between an
1 16
2 18
E:\FR\FM\30OCN1.SGM
U.S.C. 824o (2012).
CFR 39.5 (2015).
30OCN1
]]>Agencies
[Federal Register Volume 89, Number 210 (Wednesday, October 30, 2024)]
[Notices]
[Pages 86333-86334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25156]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Order on Intent To Revoke Market-Based Rate Authority
Before Commissioners: Willie L. Phillips, Chairman; Mark C. Christie,
David Rosner, Lindsay S. See and Judy W. Chang.
------------------------------------------------------------------------
Docket Nos.
------------------------------------------------------------------------
Electric Quarterly Reports............. ER02-2001-020
Astral Energy LLC...................... ER14-519-000
Clear Green Energy LLC................. ER23-946-000
GP Energy Management LLC............... ER15-230-000
Homer City Generation, L.P............. ER23-2614-000
Mega Energy Holdings LLC............... ER13-1298-001
Planet Energy (Maryland) Corp.......... ER11-2168-001
Planet Energy (New York) Corp.......... ER11-2179-001
Planet Energy (Pennsylvania) Corp...... ER11-2167-001
Planet Energy (USA) Corp............... ER11-2166-001
Power Supply Services LLC.............. ER12-862-000
Relief Energy LLC...................... ER23-945-000
The Valence Group, LLC................. ER22-549-000
------------------------------------------------------------------------
1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d, and
18 CFR part 35 (2024), 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\
Commission staff's review of the Electric Quarterly Reports indicates
that the following 12 public utilities with market-based rate
authorization have failed to file their Electric Quarterly Reports:
Astral Energy LLC, Clear Green Energy LLC, GP Energy Management LLC,
Homer City Generation, L.P., Mega Energy Holdings LLC, Planet Energy
(Maryland) Corp., Planet Energy (New York) Corp., Planet Energy
(Pennsylvania) Corp., Planet Energy (USA) Corp., Power Supply Services
LLC, Relief Energy LLC, and The Valence Group, 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 (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, 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 PP 222.
---------------------------------------------------------------------------
4. The Commission further stated that:
the requirement to comply with this rule . . . supersede[s] 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 Electric Quarterly Reports.\5\
---------------------------------------------------------------------------
\5\ See, e.g., Electric Quarterly Reports, 82 FR 60976 (Dec. 26,
2017); Electric Quarterly Reports, 80 FR 58243 (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. As noted above, Commission staff's review of the Electric
Quarterly Reports for the period up to the second quarter of 2024
identified 12 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\ Electricity Mkt. Transparency Provisions of Section 220 of
the Federal Power Act, Order No. 768, 140 FERC ] 61,232 (2012),
order on reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013), order on
reh'g, Order No. 768-B, 150 FERC ] 61,075 (2015).
\7\ Revisions to Elec. Quarterly 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 Electric Quarterly Reports in compliance
with the Commission's requirements, their 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
[[Page 86334]]
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: October 23, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024-25156 Filed 10-29-24; 8:45 am]
BILLING CODE 6717-01-P
