These are summaries of orders voted by the Federal Energy Regulatory Commission at its October 17 public meeting. Links to each order will be provided below once the order is issued. The summaries are produced by FERC’s Office of External Affairs and are intended to provide only a general synopsis of the orders. These summaries are not intended as a substitute for the Commission’s official orders. To determine the specific actions and the Commission’s reasoning, please consult the individual orders when they are posted to FERC’s eLibrary found at www.ferc.gov.
News Release: E-1, RM22-7-001, Applications for Permits to Site Interstate Electric Transmission Facilities Rehearing
E-2 | Compensation for Reactive Power Within the Standard Power Factor Range, Docket No. RM22-2-000
Final Rule
The Final Rule finds that allowing transmission providers to charge transmission customers for a generating facility’s provision of reactive power within the standard power factor range is unjust and unreasonable. The Final Rule revises Schedule 2 of the pro forma open access transmission tariff, section 9.6.3 of the pro forma large generator interconnection agreement, and section 1.8.2 of the pro forma small generator interconnection agreement to prohibit the inclusion in transmission rates of any charges related to the provision of reactive power within the standard power factor range by generating facilities.
E-3 | Fern Solar LLC, Docket Nos. ER20-2186-003, EL20-62-001
Order on Initial Decision
The order affirms in part and reverses in part the Initial Decision regarding Fern Solar LLC’s initial rate schedule setting forth the revenue requirement for Fern’s 100 MW solar generating facility to provide Reactive Supply and Voltage Control from Generation or Other Sources Service as defined in Schedule 2 of the PJM Interconnection, L.L.C., Open Access Transmission Tariff. The order in part reverses the Initial Decision on the following issues: whether cost support is relevant in a Federal Power Act section 206 proceeding, cost support disputes, construction contingency, salary overhead, capitalized construction loan interest and reactive allocator.
E-4 | Association of Businesses Advocating Tariff Equity, et al. v. Midcontinent Independent System Operator, Inc., et al., Docket No. EL14-12-016; and Arkansas Electric Cooperative Corporation, et al. v. ALLETE, Inc., et al., Docket No. EL15-45-015
Order on Remand
The order responds to the finding from the United States Court of Appeals for the District of Columbia Circuit that the inclusion of the Risk Premium model in the Commission’s return on equity (ROE) methodology adopted in Opinion Nos. 569-A and 569-B was arbitrary and capricious. The order reverses the portions of Opinion Nos. 569-A and 569-B that include the Risk Premium model in the Commission’s ROE methodology and maintains the other modifications to the Commission’s ROE methodology in Opinion No. 569, as modified by Opinion Nos. 569-A and 569-B, establishes the base ROE for the Midcontinent Independent System Operator, Inc. transmission-owning members, and directs certain refunds.
E-5 | GridLiance High Plains LLC, Docket No. ER24-2033-000
Order on Compliance
The order finds that GridLiance High Plains LLC’s (GridLiance High Plains) compliance filing partially complies with the requirements of Order Nos. 2023 and 2023-A. The order accepts GridLiance High Plains’ compliance in part and directs GridLiance High Plains to submit a further compliance filing.
E-6 | Cheyenne Light, Fuel and Power Company, Docket No. ER24-1906-000
Order on Compliance
The order finds that Cheyenne Light, Fuel and Power Company’s (Cheyenne) compliance filing partially complies with the requirements of Order Nos. 2023 and 2023-A. The order accepts Cheyenne’s compliance filing in part and directs Cheyenne to submit a further compliance filing.
E-7 | Deseret Generation & Transmission Cooperative, Inc., Docket No. ER24-2039-000
Order on Compliance
The order finds that Deseret Generation & Transmission Cooperative, Inc.’s (Deseret) compliance filing partially complies with the requirements of Order Nos. 2023 and 2023-A. The order accepts Deseret’s compliance filing in part and directs Deseret to submit a further compliance filing.
E-8 | Tucson Electric Power Company, Docket No. ER24-2037-000
Order on Compliance
The order finds that Tucson Electric Power Company’s (Tucson) compliance filing partially complies with the requirements of Order Nos. 2023 and 2023-A. The order accepts Tucson’s compliance filing in part and directs Tucson to submit a further compliance filing.
E-9 | Gridliance Heartland LLC, Docket No. ER24-2034-000
Order on Compliance
The order finds that GridLiance Heartland LLC’s (GridLiance Heartland) compliance filing partially complies with the requirements of Order Nos. 2023 and 2023-A. The order accepts GridLiance Heartland’s compliance filing in part and directs GridLiance Heartland to submit a further compliance filing.
E-10 | Chalk Point Power, LLC, et al., Docket No. EC24-79-000
Order Authorizing Disposition of Jurisdictional Facilities
The order authorizes a transaction whereby Terrapin Power, LLC will acquire from Osprey Energy Holdings, LLC 100% of the membership interests in Osprey Power, LLC, which indirectly owns 100% of the outstanding membership interests in applicants Chalk Point Power, LLC, Dickerson Power, LLC, and Lanyard Power Marketing, LLC.
E-11 | Public Service Company of Colorado, et al., Docket No. ER13-75-013, et al.
Order on Remand, Directing Further Compliance, and Establishing a Show Cause Proceeding
In response to an opinion on remand from the United States Court of Appeals for the Fifth Circuit, the order directs certain WestConnect public utility transmission providers whose Order No. 1000 compliance filings are before the Commission to submit compliance filings to revise their Open Access Transmission Tariffs (OATTs) to remove the coordinating transmission owner framework and to update their OATTs to reflect the current list of enrolled members in the WestConnect region. The order also institutes show cause proceedings to determine whether the existing rates, terms and conditions of the OATTs for other public utility transmission providers in WestConnect remain just and reasonable in light of the court’s opinion and the Commission’s findings in the order.
E-12 | Lackawanna Energy Center LLC v. PJM Interconnection, L.L.C., Docket No. EL24-64-001
Order Addressing Arguments Raised on Rehearing
In response to a request for rehearing, the order sustains and further explains the Commission’s May 23, 2024, order denying a complaint filed by Lackawanna Energy Center LLC (Lackawanna) alleging that PJM failed to reimburse Lackawanna for the lost opportunity costs that it incurred from PJM allegedly having inappropriately curtailed Lackawanna’s output in connection with an outage of the Juniata-Sunbury 500 kV transmission line.
E-13 | PJM Interconnection L.L.C., Docket No. ER24-99-003
Order Addressing Arguments Raised on Rehearing
In response to a request for rehearing, the order sustains and further explains the Commission’s January 30, 2024, order accepting PJM’s proposed changes to aspects of its Reliability Pricing Model.
E-14 | Southwest Power Pool, Inc., Docket No. ER24-1221-001
Order on Compliance Filing
The order accepts Southwest Power Pool, Inc.’s (SPP’s) proposed Tariff revisions to section 4 in Attachment AA (Resource Adequacy) of its Open Access Transmission Tariff in response to the Commission’s compliance directives in a May 23, 2024 order on compliance related to SPP’s process for determining its Planning Reserve Margin.
E- 15 | North American Reliability Corporation, Docket No. RR24-5-000
Order Approving Budget for 2025
The order accepts the proposed 2025 business plans and budgets for the North American Electric Reliability Corporation (NERC), each Regional Entity, and the Western Interconnection Regional Advisory Body (WIRAB).
G-1 | Supplemental Review of the Oil Pipeline Index Level, Docket No. RM25-2000
Supplemental Notice of Proposed Rulemaking
The supplemental notice of proposed rulemaking (NOPR) proposes to amend the index level used to determine annual changes to oil pipeline rate ceilings following the decision of the United States Court of Appeals for the District of Columbia Circuit in Liquid Energy Pipeline Association v. FERC. Specifically, in place of the index level of Producer Price Index for Finished Goods plus 0.78% (PPI-FG+0.78%) established in a December 17, 2020 Commission order, the NOPR proposes to use PPI-FG-0.21% as the prospective index level for the remainder of the five-year period that began on July 1, 2021.
C-1 | MountainWest Overthrust Pipeline, LLC, Docket No. CP24-13-000
Order Issuing Certificate
The order authorizes MountainWest Overthrust Pipeline, LLC to install one new compressor unit each of two existing Wyoming-based compressor stations and update associated facilities. The project is designed to enable Overthrust to provide an additional 325,000 dekatherms per day of firm transportation service on its mainline system. Overthrust executed a precedent agreement for 100% of the project’s transportation capacity.
C-2 | Bison Pipeline, LLC, Docket No. CP23-543-000, Northern Border Pipeline Company, Docket No. CP23-544-000, Wyoming Interstate Company, L.L.C., and Fort Union Gas Gathering, L.L.C., Docket No. CP23-545-000
Order Issuing Certificates and Approving Abandonments of Capacity
The order issues certificates and approves abandonments for Wyoming Interstate Co’s (WIC) Bakken XPress Project and Northern Border’s Bison XPress Project. The proposed Bakken XPress Project will enable WIC to provide shippers with 300,000 Dth/day of firm transportation service from receipt points in North Dakota to the delivery point in Colorado (the Fort Union/WIC Interconnect). The proposed Bison XPress Project will enable Northern Border to provide capacity to WIC for its Bakken XPress Project, as well as enhance the reliability of Northern’s system. The order addresses comments from various existing shipper groups on rolled-in rate treatment.
C-3 | Cameron Interstate Pipeline, LLC, Docket Nos. CP24-1-000 and CP13-27-000
Order Issuing Certificate
The order issues a certificate to Cameron Interstate Pipeline, LLC, and addresses comments on the EA from the U.S. Fish and Wildlife Service, RESTORE, and Louisiana Department of Wildlife and Fisheries regarding wildlife, water resources and wetlands.
H-1 | Idaho Irrigation District and New Sweden Irrigation District, Project No. 14513-003
Order Issuing Original License
The Idaho Irrigation District and New Sweden Irrigation District filed an application for an original major license to construct, operate and maintain a new hydroelectric project on the Snake River in Jefferson and Bonneville Counties, Idaho with a total capacity of 2.49 megawatts. The project will consist of two developments, one on each side of the Snake River, and each will be located on an existing irrigation canal. The license requires a minimum flow in the bypass reach that is different from the applicants’ proposal and the resource agencies’ and other stakeholders’ requests because it establishes the appropriate balance between flows for hydropower and environmental resource protection throughout the year.
H-2 | Pacific Gas and Electric Company (PG&E), Project No. 606-027
Order Approving Surrender of License and Removal of Project Facilities
The order approves PG&E’s application to surrender the license and remove project facilities for the Kilarc-Cow Creek Project No. 606. The project is located in Shasta County, California.