Pending Cases

No. 19-1154 (D.C. Cir. filed 7/24/2019)Investigation into Panhandles existing rates, for possible over-recovery of revenues in relation to costs. Panhandle Eastern Pipe Line Co., LP, 166 FERC ¶ 61,032 (2019), rehg denied, 167 FERC ¶ 61,181 (2019). Status: dismissed 11/14/2019

No. 19-1144 (D.C. Cir. filed 7/12/2019)Negotiated rates for service on Transcos Atlantic Sunrise Pipeline Project; protection of project shippers against exercise of pipeline market power. Transcontinental Gas Pipe Line Co., 164 FERC ¶ 61,112 (2018), order on rehg, 167 FERC ¶ 61,144 (2019).et al. Status: voluntarily dismissed

FERC Nos. 19-1142 and 19-1147 (D.C. Cir. filed 7/11/2019)Amendment to regulations to remove barriers to the participation of electric storage resources in the capacity, energy, and ancillary service markets operated by regional entities. Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System Operators, Order 841, 162 FERC ¶ 61,127 (2018), order on rehg and clar., Order 841-A, 167 FERC ¶ 61,154 (2019). Status: briefing

No. 19-71615 (9th Cir. filed 6/26/2019)Commission holding that agency and bankruptcy court have concurrent jurisdiction to review and address the disposition of wholesale power contracts sought to be rejected through bankruptcy. NextEra Energy, Inc. v. PGE, 166 FERC ¶ 61,049 (2019), and Exelon Corp. v. PGE, 166 FERC ¶ 61,053 (2019), rehg denied, 167 FERC ¶ 61,096 (2019). Status: briefing

No. 19-1610 and 19-1618 (2d Cir. filed 5/28/2019)Finding that New York waived its authority under the Clean Water Act to issue or deny a water quality certification for the Northern Access pipeline project, by failing to act within one year of receiving the application for water quality certification. National Fuel Gas Supply Corp., 164 FERC ¶ 61,084 (2018), rehg denied, 167 FERC ¶ 61,007 (2019). Status: briefing

No. 19-1553 (8th Cir. filed 3/18/2019) Revisions to Southwest Power Pool tariff, to incorporate Tri-State Generation and Transmission as a SPP transmission owner; allocation of costs among SPP zones. Southwest Power Pool, Inc., Op. No. 562, 163 FERC ¶ 61,109 (2018), rehg denied, Op. No. 562-A, 166 FERC ¶ 61,019 (2019). Status: briefing

No. 19-1066 (D.C. Cir. filed 3/15/2019)Amended license for Norway-Oakdale Hydroelectric Project on Tippecanoe River in Indiana; modified definition of abnormal river conditions and modified flows to protect endangered species. N. Indiana Pub. Serv. Co. LLC, 163 FERC ¶ 61,212 (2018), rehg denied,166 FERC ¶ 61,030 (2019). Status: briefing

Nos. 19-1067, et al. (D.C. Cir. filed 3/15/2019 and later)Reasonableness of increased rates for shipment on SFPPs West Line; various cost of service rate issues, including recovery of income tax allowance. SFPP, L.P., Op. No. 511, 134 FERC ¶ 61,121 (2011), on rehg compl., Op. 511-A, 137 FERC ¶ 61,220 (2011), on rehg compl., Op. 511-B, 150 FERC ¶ 61,096 (2015), on remand compl., Op. 511-C, 162 FERC ¶ 61,228 (2018), on rehg compl., Op. 511-D, 166 FERC ¶ 61,142 (2019). Status: oral argument 4/3/2020

No. 19-1091 and 1093 (D.C. Cir. filed 2/23/2019)Allocation of cost responsibility for Regional Facilities, Necessary Lower Voltage Facilities, and Lower Voltage Facilities that address stability-related reliability issues in PJM. Del. Pub. Serv. Commn and Md. Pub. Serv. Commn v. PJM Interconnection and Certain Transmission Owners, 164 FERC ¶ 61,035 (2018), rehg denied, 166 FERC ¶ 61,161 (2019). Status: 19-1093 dismissed 7/26/2019; 19-1091 in abeyance

Nos. 17-1271, et al. (D.C. Cir. filed 12/22/2017 and later)Conditional certificate authorizing construction and operation of Mountain Valley Pipeline in West Virginia and Virginia. Mountain Valley Pipeline, LLC,161 FERC ¶ 61,043 (2017), order on rehg, 163 FERC ¶ 61,197 (2018). Status: petitions for review denied 2/19/2019

No. 19-1009 (D.C. Cir. filed 1/15/2019)Certificate authorizing construction and operation of Tennessee's Connecticut Expansion Project in New York, Massachusetts, and Connecticut; denial of late intervention. Tennessee Gas Pipeline Co., L.L.C.,162 FERC ¶ 61,013 (2018), (and earlier 4/12/17 notice to proceed, reh'g denied,165 FERC ¶ 61,170 (2018). Status: related to D.C. Cir. 18-1069

No. 19-1002 (D.C. Cir. filed 1/2/2019) Allocation of cost responsibility for regional and lower-voltage facilities included in the PJM Regional Transmission Expansion Plan. PJM Interconnection, L.L.C.,161 FERC ¶ 61,218 (2017), reh'g denied,165 FERC ¶ 61,078 (2018). Status: in abeyance

No. 18-5322 (D.C. Cir. filed 10/31/2018) Appeal of 9/27/18 decision by district court (Judge Leon, D.D.C.) to grant FERC motion to dismiss amended complaint by landowners, concerning Mountain Valley and Atlantic Coast Pipelines, raising primarily objection (on various constitutional and statutory grounds) to exercise of eminent domain by certificate holder. Status: in abeyance, pending related appeals

No. 18-1283 (D.C. Cir. filed 10/9/2018) Order authorizing Dominion Energy Cove Point to construct and operate natural gas compression facilities in Maryland and Virginia (Eastern Market Access Project). Dominion Energy Cove Point LNG, LP, 162 FERC ¶ 61,056 (2018), rehg denied, 164 FERC ¶ 61,102 (2018). Status: dismissed 10/1/2019

No. 18-1265 (D.C. Cir. filed 9/25/2018) Order authorizing abandonment, construction, and operation of pipeline and compression facilities, the Tennessee Abandonment and Capacity Restoration Project, in various states. Tennessee Gas Pipeline Co., L.L.C., 160 FERC ¶ 61,144 (2017), rehg denied, 164 FERC ¶ 61,062 (2018). Status: related to D.C. Cir. No. 18-1031; dismissed 12/28/2018

No. 18-1253 (D.C. Cir. filed 9/17/2018) Rates charged by Buckeye for interstate transportation of refined petroleum products to destinations in the Pittsburg and Harrisburg, PA markets; Buckeyes market-based rate authority. Guttman Energy, Inc. and PBF Holding Co., LLC v. Buckeye Pipe Line Co., L.P. and Laurel Pipe Line Co., L.P., Opinion No. 558, 161 FERC ¶61,180 (2017), order on rehg, 164 FERC ¶61,025 (2018). Status: dismissed 4/29/2019

Nos. 18-1252 and 18-1254 (D.C. Cir. filed 9/14/2018 and later)Policy Statement on treatment of income taxes; guidance on treatment of Accumulated Deferred Income Taxes (ADIT) where the income tax allowance is eliminated from cost-of-service rates. Inquiry Regarding the Commissions Policy for Recovery of Income Tax Costs, 162 FERC ¶61,227 (2018), order on rehg, 164 FERC ¶61,030 (2018). Status: oral argument 4/3/2020

No. 18-1251 (D.C. Cir. filed 9/14/2018) Denial of waiver of Clean Water Act authority; finding that New York DEC acted in a timely manner, following Constitutions withdrawal and resubmittal of its CWA application, in denying CWA permit. Constitution Pipeline Co., LLC, 162 FERC ¶ 61,014 (2018), rehg denied, 164 FERC ¶ 61,029 (2018). Status: motion for voluntary remand granted 2/28/2019

Nos. 18-1248 and 18-1261 (D.C. Cir. filed 9/11/2018 and later) Conditional certificate authorizing construction and operation of NEXUS pipeline project in Ohio and Michigan. NEXUS Gas Transmission LLC, et al., 160 FERC ¶ 61,022 (2017), order on rehg, 164 FERC ¶ 61,054 (2018).et al. Status: petition for review granted in part, case remanded to FERC on 9/6/2019

No. 18-60575 (5th Cir. filed 8/17/2018) Order on remand from El Paso Elec. Co. v. FERC, 832 F.3d 495 (5th Cir. 2016); filing, by members of WestConnect, in compliance with transmission planning and cost allocation requirements of Order No. 1000; responsibilities of public and non-public utility transmission owners. Pub. Serv. Co. of Colorado, et al., order on remand, 161 FERC ¶ 61,188 (2017), rehg denied, 163 FERC ¶ 61,204 (2018).et al. Status: in abeyance