Summary of FERC Meeting Agenda for September 19, 2019

White & Case LLP

White & Case LLPBelow are brief summaries of the agenda items for the Federal Energy Regulatory Commission's September 19, 2019 meeting, pursuant to the agenda as issued on September 13, 2019. Agenda items E-12, E-19, and E-24 have not been summarized due to omission from the agenda.

In this issue…

  • Electric Items
  • Gas Items
  • Hydro Items
  • Certificate Items


E-1 – Qualifying Facility Rates and Requirements; Implementation Issues Under the Public Utility Regulatory Policies Act of 1978 (Docket Nos. RM19-15-000; AD16-16-000). On February 9, 2016, the Commission issued notice that a technical conference would be held on June 29, 2016 regarding implementation issues under the Public Utility Regulatory Policies Act of 1978 (PURPA). Specifically, the technical conference focused on issues related to the mandatory purchase obligation under PURPA and the determination of avoided costs for such purchases. On September 6, 2016, the Commission issued a notice inviting post-conference comments on (1) the use of the “one-mile rule” to determine the size of an entity seeking certification as a small power production qualifying facility; and (2) minimum standards for PURPA-purchase contracts. Numerous entities submitted comments in the proceeding. Agenda item E-1 may establish a rulemaking related to qualifying facility rates and requirements.

E-2 – EDF Renewable Energy, Inc. v. Midcontinent Independent System Operator, Inc., Southwest Power Pool, Inc., and PJM Interconnection, L.L.C.; Reform of Affected System Coordination in the Generator Interconnection Process (Docket Nos. EL18-26-000; AD18-8-000). On October 30, 2017, pursuant to sections 206 and 306 of the Federal Power Act (FPA), EDF Renewable Energy, Inc. (EDF) filed a complaint against Midcontinent Independent System Operator, Inc. (MISO), the Southwest Power Pool, Inc. (SPP) and PJM Interconnection, L.L.C (PJM). The complaint alleged, inter alia, that MISO, SPP and PJM’s current Affected System coordination procedures and practices were unjust, unreasonable and unduly discriminatory. On February 8, 2018, the Commission issued an order on the complaint and directed Commission staff to conduct a technical conference to further explore the issues raised in the complaint related to Affected Systems coordination procedures as well as other Affected Systems coordination issues raised in a Notice of Proposed Rulemaking in Docket No. RM17-8-000. The technical conference was held on April 3rd and 4th 2018, and on April 19, 2018, Commission staff invited post-conference comments. Numerous entities submitted comments in the proceeding. Agenda item E-2 may be a further order on EDF’s complaint and the issues discussed during the technical conference.

E-3 – American Electric Power Service Corporation v. Midcontinent Independent System Operator, Inc., Southwest Power Pool, Inc. (Docket No. EL17-89-000). On September 15, 2017, pursuant to sections 206, 306, and 309 of the FPA, American Electric Power Service Corporation (AEPSC), on behalf of its operating company affiliate, Southwestern Electric Power Company (SWEPCO), filed a complaint against MISO and SPP. The complaint alleges, inter alia, that MISO violated the Joint Operating Agreement between MISO and SPP regarding the assessment of certain congestion charges associated with SWEPCO loads that are pseudo-tied out of MISO and into SPP. Agenda item E-3 may be an order on AEPSC’s complaint.

E-4 – City of Prescott, Arkansas v. Southwestern Electric Power Company, Midcontinent Independent System Operator, Inc. (Docket No. EL19-60-000). On April 5, 2019, pursuant to Sections 206, 306, and 309 of the FPA, the City of Prescott, Arkansas (Prescott) filed a complaint against SWEPCO and against MISO. The complaint alleges, inter alia, that (1) an Amended Power Supply Agreement (PSA) between Prescott and SWEPCO is unjust and unreasonable and should be amended in certain respects or terminated; (2) the PSA requires SWEPCO to implement the effective MISO congestion hedging strategy; or, in the alternative, that the PSA violates the public interest by depriving Prescott of an effective hedge for MISO congestion charges and justifies termination of the PSA; and (3) that MISO violated the Joint Operating Agreement between MISO and Southwest Power Pool, Inc., (SPP) and must coordinate with SPP to eliminate pancaked transmission charges to Prescott. Agenda item E-4 may be an order on Prescott’s complaint.

E-5 – American Electric Power Service Corporation v. Midcontinent Independent System Operator, Inc., Southwest Power Pool, Inc.; City of Prescott, Arkansas v. Southwestern Electric Power Company Midcontinent Independent System Operator, Inc. (Docket Nos. EL17-89-000; EL19-60-000). Agenda item E-5 may be an order related to the AEPSC and Prescott complaints noted above in agenda items E-3 and E-4, respectively.

E-6 – Southwest Power Pool, Inc., Sunflower Electric Power Corporation (Docket No. ER19-2273-000). On June 27, 2019, SPP submitted proposed revisions to the SPP Open Access Transmission Tariff (SPP OATT) to reflect the proposed merger of Mid-Kansas Electric Company, Inc. (Mid-Kansas) into Sunflower Electric Power Corporation (Sunflower). The submission included proposed revisions to Sunflower’s formula rate template and implementation protocols as well as a proposal to combine the existing Mid-Kansas and Sunflower zones into a single Sunflower zone under the SPP OATT. Agenda item E-6 may be an order on SPP’s proposed revisions to the SPP OATT.

E-7 – Idaho Power Company (Docket Nos. ER10-2126-005; EL19-87-000). On June 21, 2019, pursuant to section 205 of the FPA and Section 35.37 of the Commission’s regulations, Idaho Power Company (Idaho Power) submitted an updated market power analysis for the Northwest region. Agenda item E-7 may be an order on Idaho Power’s updated market power analysis.

E-8 – Southwestern Electric Power Company (Docket No. ER18-1225-001); Minden, Louisiana v. Southwestern Electric Power Company (Docket No. EL18-122-001). On December 7, 2018, Southwestern Electric Power Company (SWEPCO) submitted an executed Settlement Agreement in order to resolve and dispose of all contested matters relating to its Power Supply Agreement (PSA) with the City of Minden, Louisiana (Minden). The settlement originates from two separate 2018 dockets in which Minden protested filed a formal complaint challenging the justness and reasonableness of the PSA. SWEPCO subsequently submitted proposed revisions to depreciation rates included as inputs in the formula rate pursuant to which the charges in the PSA are calculated. However, Minden filed a protest against those proposed revisions and, on May 30, 2018, the Commission set the matter for hearing and settlement judge procedures. The Settlement Agreement filed is the outcome of three settlement conferences between SWEPCO, Minden, and Commission Trial Staff. On December 19, 2018, the City of Prescott (Prescott) filed comments opposing the settlement, asserting that the terms of the PSA are in parts identical to an agreement held with SWEPCO as well, and that it was unduly excluded from the settlement negotiation process. On January 29, 2019, the Administrative Law Judge (ALJ) issued a report of contested settlement, noting the opposition brought forward by Prescott. On February 4, 2019, the ALJ issued an order terminating settlement judge procedures, indicating there are no additional matters pending before the judges. Agenda item E-8 may be an order on the comments and protest by Prescott or an order on the settlement.

E-9 – Calpine Bethlehem, LLC (Docket No. ER14-874-003); Calpine Mid-Atlantic Generation, LLC (Docket Nos. ER14-875-003, ER17-2566-002); Calpine Mid Merit, LLC (Docket No. ER12-954-005); Calpine New Jersey Generation, LLC (Docket Nos. ER14-873-003, ER15-2495-003); Garrison Energy Center LLC (Docket No. ER15-2735-006); Zion Energy LLC (Docket No. ER10-2214-005). On September 29, 2017, Calpine Bethlehem, LLC, Calpine Mid-Atlantic Generation, LLC, Calpine Mid Merit, LLC, Calpine New Jersey Generation, LLC, Garrison Energy Center LLC, and Zion Energy LLC (collectively, the Calpine Companies) submitted an informational filing pursuant to the PJM Tariff regarding a planned transfer of facilities owned by Calpine. On January 18, 2018, the Commission issued an order instituting hearing and settlement judge procedures in accordance with section 206 of the Federal Power Act to determine if the rate schedules and annual revenue requirements for each entity were just and reasonable. On June 18, 2019, the Calpine Companies submitted a Settlement Agreement purporting to resolve all issues in the above-captioned dockets. On July 22, 2019, the ALJ filed a certification of uncontested settlement and confirmed that, while PJM did not file comments, it supported the settlement as filed. Agenda item E-9 may be an order on the uncontested settlement among the Calpine Companies.

E-10 – San Diego Gas & Electric Company, Sempra Gas & Power Marketing, LLC (Docket No. ER19-2422-000). On July 18, 2019, San Diego Gas & Electric Company (SDG&E) and Sempra Gas & Power Marketing, LLC (SGPM) (and collectively, Applicants) filed a joint application for approval of an affiliate transaction pursuant to section 205 of the FPA. The Applicants request authorization from the Commission for SDG&E to purchase from SGPM, and then for SGPM to sell to SDG&E, Resource Adequacy (RA) capacity at market-based rates. The Applicants assert that approval of the transaction will enable SDG&E to meet its RA compliance obligations at a cost that is more favorable to ratepayers than the alternatives offered to SDG&E during the formal solicitation process for RA capacity. Agenda item E-10 may be an order on the joint application by SDG&E and SGPM.

E-11 – Panoche Valley Solar, LLC (Docket No. ER18-855-000). On February 13, 2018, Panoche Valley Solar, LLC (Panoche Valley) submitted an application for market-based rate authorization under section 205 of the FPA. In addition, Panoche Valley requested that the Commission not impose a refund requirement for any intermittent sales of test power for an approximately two-month period from October through December 2017. On December 26, 2017, Panoche Valley began to sell 62 megawatts of energy into CAISO prior to obtaining market-based rate authorization from the Commission, nor had it filed an application at that juncture. Agenda item E-11 may be an order on the application brought forward by Panoche Valley.

E-12 – Omitted

E-13 – New Brunswick Energy Marketing Corporation (Docket Nos. ER14-225-005, ER14-225-006, EL19-68-000, EL19-68-001). On April 4, 2019, New Brunswick Energy Marketing Corporation (NB Energy Marketing) notified the Commission of a non-material change in status stemming from its affiliate, New Brunswick Power Corporation, completing the acquisition of the Bayside generation facility located in New Brunswick. As a result of this acquisition (and the additional 290 MW added to the NB Energy Marketing portfolio), this filing aims to confirm that market-based rate authority granted to NB Energy Marketing should be retained and there are no concerns regarding market power. On May 24, 2019, the Commission issued an order finding that NB Energy Marketing passes the pivotal supplier indicative screen but fails the wholesale market share indicative screen in all four seasons. Consequently, the Commission instituted a proceeding pursuant to section 206 of the FPA to determine if NB Energy Marketing should retain its market-based rate authority and to establish a refund effective date. On July 23, 2019, NB Energy Marketing submitted a response to the May 24 order, including a delivered price test that rebuts the Commission finding of horizontal market power. NB Energy Marketing requested that the Commission terminate the section 206 proceeding and find that market-based rate authority should continue to be granted. Agenda item E-13 may be an order on the response by NB Energy Marketing.

E-14 – NRG Wholesale Generation LP, Entergy Mississippi, LLC (Docket No. EC19-63-000). On March 1, 2019, NRG Wholesale Generation LP (NRG) and Entergy Mississippi (Entergy) (collectively, the Applicants) filed joint application for authorization under section 203(a)(1) of the FPA. The application pertains to a proposed transaction in which NRG will sell, and Entergy will acquire, a natural gas-fired electric generating facility located in Mississippi. Agenda item E-14 may be an order on the joint application.

E-15 – Bayou Cove Peaking Power, LLC, Big Cajun I Peaking Power LLC, Cottonwood Energy Company LP, Louisiana Generating LLC, Sterlington Power LLC, NRG Cottonwood Tenant LLC, NRG Power Marketing LLC, Cleco Cajun LLC, Cleco Corporate Holdings LLC, Cleco Group LLC, Cleco Partners L.P. (Docket No. EC18-63-001). On February 27, 2018, the above-captioned Applicants filed a joint application for authorization pursuant to sections 203(a)(1) and 203(a)(2) of the FPA. The joint application is related to a transaction whereby Cleco Energy would acquire all of the membership interests of NRG South Central Generating LLC; Cottonwood Energy Company LP will lease its generation facility to Cottonwood Tenant LLC, and NRG Power Marketing LLC will transfer certain long-term, market-based rate requirements agreements with various municipalities to an affiliate of the Cleco Applicants. On December 12, 2018, the Commission issued an order authorizing disposition of jurisdictional facilities. On January 11, 2019, Entergy Services LLC (Entergy Services) filed a limited request for rehearing of the December 12 order, alleging that the Commission erred in concluding that there is a relevant destination submarket distinct from MISO. Entergy Services states that the Commission should clarify that notwithstanding its finding in the December 12 Order, future cases that may reach the question of whether MISO South is a relevant destination market will be determined on a case-by-case basis in accordance with a complete analysis of the pertinent data and evidence of market dynamics, without any presumption that the SRPBC is a transmission constraint or that MISO South is a relevant market. Agenda item E-15 may be an order on the limited request for rehearing.

E-16 – Southern California Edison Company (Docket No. ER18-370-002). On December 1, 2017, Southern California Edison Company (SCE) proposed, pursuant to section 205 of the Federal Power Act, to add Appendix XI to its Transmission Owner Tariff (TO Tariff) for the explanation and recovery of costs associated with transmission-related compliance and maintenance activities. Protesters challenged numerous aspects of the process proposed in Appendix XI suggesting that such projects should be included in the transmission planning process. On March 23, 2018, the Commission issued an order accepting SCE’s TO Tariff amendment for filing and suspending it for five months, to be effective September 1, 2018, subject to refund. The Commission found that it could not determine from the record whether SCE should be submitting transmission-related maintenance and compliance activities through CAISO’s Transmission Planning Process (TPP) or the extent to which CAISO should be reviewing SCE’s actions to maintain, repair, and replace its transmission facilities and directed Commission Staff to conduct a technical conference. On May 1, 2018, Commission Staff conducted a technical conference to address issues raised in this docket and similar dockets addressing related transmission planning issues for Transmission Owners in the CAISO. On August 31, 2018, the Commission issued an order accepting SCE’s proposed tariff revisions, as further revised in response to the comments of protesters, and finding that the transmission-related maintenance and compliance activities explained in Attachment XI to the TO Tariff are not subject to Order No. 890’s transmission planning requirements. In response, SCE submitted compliance filings on September 28, 2018 proposing revisions to its tariff filing consistent with guidance received from the Commission. On October 1, 2018, the California Public Utilities Commission and other interested California parties jointly submitted a request for rehearing of the order accepting SCE’s proposed tariff revisions. Agenda item E-16 may be an order addressing the request for rehearing.

E-17 – Virginia Electric and Power Company, et. al. (Docket Nos. ER11-2774-003, ER12-303-003, ER11-2774-004). On February 2, 2017, the California Public Utilities Commission (CPUC), et. al., submitted, pursuant to sections 206 and 306 of the Federal Power Act, a complaint alleging that Pacific Gas & Electric Company’s (PG&E) transmission planning process, including capital transmission expenditures not submitted through CAISO’s transmission planning process (TPP), failed to meet the transmission planning requirements set forth in Order No. 890. The CPUC requested that all of PG&E’s transmission planning processes be required to comply with Order No. 890. On March 23, 2018, the Commission directed Commission Staff to convene a technical conference regarding, inter alia, local transmission planning within the California Independent System Operator (CAISO) footprint and the CPUC’s complaint addressing PG&E’s transmission planning process. On August 31, 2018, the Commission issued an order denying the complaint finding that complainants failed to meet the burden of demonstrating that the existing rate was not just and reasonable. On October 1, 2018, the CPUC, et. al., submitted a request for rehearing of the Commission order denying complaint. Agenda item E-17 may be an order addressing the request for rehearing.

E-18 – Nebraska Public Power District v. Tri-State Generation and Transmission Association, Inc., Southwest Power Pool, Inc. (Docket Nos. EL18-194-001, ER16-204-000). On August 21, 2018, the Nebraska Public Power District (NPPD) filed, pursuant to sections 206 and 306 of the Federal Power Act, a complaint requesting that the Commission determine that the inclusion of certain costs in Tri-State Generation and Transmission Association, Inc.’s (Tri-State) Annual Transmission Revenue Requirement (ATRR) and failure to credit certain revenues to Tri-State’s Schedule 1 revenue requirements for network integrations transmission service under SPP’s Open Access Transmission Tariff (OATT) are unjust and unreasonable. On December 20, 2018, the Commission denied the complaint finding that each of the disputed cost components identified in the complaint were covered by a settlement agreement, an agreement in which NPPD was a party. As a party to the settlement agreement, NPPD was required to demonstrate that its proposed modifications to the ATRR satisfy the heightened “public interest” standard. The Commission found that it failed to do so. On January 18, 2019, NPPD submitted a request for rehearing of the order denying complaint. NPPD also filed a petition for review of the Order on Initial Decision and the Order Denying Rehearing with the 8th Circuit US Court of Appeals on March 19, 2019. Agenda item E-18 may be an order addressing the petition for review and request for rehearing.

E-19 – Omitted

E-20 – Tipmont Rural Electric Member Cooperative v. Wabash Valley Power Associates, Inc. (Docket No. EL19-2-000). On October 1, 2018, Tipmont Rural Electric Membership Cooperative (Tipmont) filed, pursuant to section 206 and 306 of the Federal Power Act, a complaint requesting authorization to terminate service early under its wholesale requirements power sales agreements with Wabash Valley Power Authority (Wabash), or in the alternative, that the Commission initiate a 206 investigation into the rates charged by Wabash if it seeks to prevent such early termination. Agenda item E-20 may be an order addressing the complaint.

E-21 – EF Kenilworth, LLC (Docket Nos. EL19-72-000, QF90-73-010). On May 6, 2019, EF Kenilworth LLC (EF Kenilworth) submitted, pursuant to section 292.205(c) of the Federal Energy Regulatory Commission’s Rules of Practice and Procedure, a petition for declaratory order requesting a waiver of the efficiency and operating standards for its qualifying cogeneration facility located at the Merck Sharp & Dohme Corp. manufacturing and processing facility in Kenilworth, New Jersey for calendar years 2018 through 2020 due to a decrease in steam consumption by the Kenilworth Facility’s thermal host. Agenda item E-21 may be an order addressing the requested waiver.

E-22 – New England Ratepayers Association (Docket No. EL19-10-000). On November 2, 2018, the New England Ratepayers Association (NERA) submitted, pursuant to Rule 207 of the Federal Energy Regulatory Commission’s Rules of Practice and Procedure, a request for declaratory order finding that Senate Bill 365 (SB 365), a New Hampshire statute that mandates a purchase price for wholesale sales by certain generators operating in the state, is preempted by the Federal Power Act. NERA further requests a declaration that SB 365 violates section 210 of the Public Utilities Regulatory Policies Act of 1978 because it ignores the requirement that any rates set by the states for wholesale sales by QFs may not exceed the purchasing utilities’ avoided costs. NERA also requested that the Commission find that the state is pre-empted from ordering purchases that are contrary to a previously issued Commission-issued order terminating PSNH’s mandatory purchase obligation for QF’s with a net capacity greater than 20 MW in its service territory. Agenda item E-22 may be an order addressing the request for declaratory order.

E-23 – Tucson Electric Power Company (Docket No. ER19-2023-000). On May 31, 2019, Tucson Electric Power Company (TEP) submitted, pursuant to sections 205 and 219 of the Federal Power Act, a request for authorization to recover, through its OATT, 100 percent of the approximately $9 Million in costs that it incurred in the development of the abandoned 60 mile 345 kV transmission line project from Sahuarita to Nogales, Arizona. The project, initiated in response to a directive by the Arizona Corporations Commission to address a chronic power outage problem impacting Santa Cruz County, Arizona, was abandoned in 2014. Agenda item E-23 may be an order addressing TEP’s request.

E-24 – Omitted

E-25 – Public Service Electric and Gas Company v. Consolidated Edison Company of New York, Inc. (Docket No. EL18-143-001). On May 3, 2018, Public Service Electric and Gas Company (PSEG) filed, pursuant to sections 206, 306, and 309 of the Federal Power Act, a complaint alleging that Consolidated Edison Company of New York, Inc. (ConEd) is in violation of section 4.1.2 of the New York Independent System Operator, Inc.’s (NYISO) OATT for failing to cooperate with PSEG to remove dielectric fluid and transmission cables from co-owned transmission lines. On September 6, 2018, the Commission issued an order dismissing complaint finding that the Commission does not have exclusive jurisdiction over the dispute and declining to assert primary jurisdiction. On October 9, 2018, PSEG submitted a request for rehearing of the Commission order dismissing complaint. Agenda item E-25 may be an order addressing the request for rehearing.


G-1 – West Texas Gas, Inc. (Docket No. RP19-1371-000). On July 1, 2019, West Texas Gas, Inc. (West Texas Gas) submitted a report detailing its purchased gas cost reconciliation for the twelve-month period ending April 30, 2019. The report is in compliance with the settlement approved by the Commission in a prior docket in 1998. Further, West Texas Gas requests waiver of its tariff and the settlement in order to provide a reconciliation report for prior periods as well (specifically, prior twelve-month intervals from May 1, 2010 through April 30, 2018). Prior to the 1998 settlement, West Texas Gas recovered the cost of gas purchases associated with its jurisdictional sales pursuant to a purchased gas adjustment clause. The settlement replaced this cost recovery mechanism with a new spot-market based pricing methodology, whereby a Permian Basin index price is incorporated into the annual purchased gas cost reconciliation filings made to true up actual purchased gas costs with costs that are recovered under the index. Under this revised methodology, West Texas Gas has refunded or billed the differences (on a twelve-month interval basis) annually following the true up calculations. West Texas Gas has not submitted a reconciliation filing to the Commission since 2010, citing the retirement of counsel retained for this purpose and a subsequent lapse. In early 2019, the depressed Permian Basin gas index resulted in significant under-recovery of costs. West Texas Gas and its sole jurisdictional customer, New Mexico Gas, negotiated a reconciliation amount of $615,920. Agenda item G-1 may be an order on the proposed reconciliation payment and temporary waiver of the tariff as set forth in the 1998 settlement.

G-2 – Omitted


H-1 – Algignis, Inc. (Docket Nos. P-14896-003, P-14897-003, P-14898-003, P-14899-003, P-14900-003, P-14901-003, P-14902-003, P-14903-003, P-14904-003, P-14905-003, P-14906-003, P-14907-003, P-14908-003, P-14909-003, P-14910-003, P-14911-003, P-14912-003, P-14913-003, P-14914-003, P-14915-003, P-14916-003, P-14917-003, P-14918-003, P-14919-003, P-14920-003, P-14921-003, P-14922-003, P-14923-003, P-14924-003, P-14925-003, P-14926-003, P-14927-003, P-14928-003, P-14929-003, P-14930-003, P-14931-003, P-14932-003, P-14933-003, P-14934-003, P-14935-003, P-14936-003, P-14937-003, P-14938-003, P-14939-003, P-14940-003, P-14941-003, P-14942-003, P-14943-003, P-14944-003, P-14945-003, P-14946-003, P-14947-003, P-14948-003, P-14949-003, P-14950-003, P-14951-003, P-14952-003, P-14953-003, P-14954-003, P-14955-003).

H-2 – McMahan Hydroelectric, LLC (Docket No. P-14858-000). On March 30, 2015, McMahan Hydroelectric, LLC (McMahan) submitted a Final License Application for licensing of the 600-kilowatt Bynum Hydro Project located in Chatham County, North Carolina. The prior license for the Bynum Project, held by PK Ventures, expired on April 30, 2015 after a 30-year term. On October 25, 2018, the Commission issued the Environmental Assessment, finding that the project would not constitute a major environmental impact. Agenda item H-2 may be an order on the license application as submitted by McMahan.

H-3 – Eagle Crest Energy Company (Docket No. P-13123-028). On May 7, 2019, the Commission issued an order denying the late interventions of National Parks Conservation Association and Desert Protection Society regarding the extension of the license for the Eagle Mountain Pumped Storage Project. On June 4, 2019 and June 6, 2019, respectively, both parties filed requests for rehearing of the May 7 order. Both parties allege that the Commission denied intervenor status and therefore are precluded from obtaining rehearing of the substantive license extension application. Agenda item H-3 may be an order on the requests for rehearing.

H-4 – Island in the Sky, LLC (Docket No. P-14805-001). On June 17, 2019, the Commission issued an order canceling the preliminary permit of the proposed Elizabeth Webbing Project. On July 17, 2019, Island in the Sky, LLC (ISH) filed a request for rehearing of the June 17 order, asserting that the Commission erred in its cancellation and did not consider the progress with general project design for the Elizabeth Webbing Project. To date, ISH has not yet completed or filed a Pre-Application Document. Agenda item H-4 may be an order on the request for rehearing.

H-5 – Public Utility District No. 1 of Lewis County, Washington (Docket No. P-2833-110). On April 30, 2019, the Commission issued an order amending the Whitewater Boating Take-out Site Plan for the Cowlitz Falls Hydroelectric Project located in Washington. On May 27, 2019 and May 30, 2019, respectively, two individuals filed requests for rehearing of the April 30 order. Both rehearing requests addressed the claims by Public Utility District No. 1 of Lewis County (LCPUD) in stating that an alternate site would be available for the North Boat Launch. However, in a May 16, 2019 meeting with the boating community, LCPUD said the North Boat Launch would be rendered unavailable and is not a viable alternate site. As a result, this would pose a substantial harm to the usability of the site and represents an inaccurate portrayal of information given to the Commission. Agenda item H-5 may be an order on the requests for rehearing.


C-1 – Cheyenne Connector, LLC (Docket No. CP18-102-000); Rockies Express Pipeline LLC (Docket No. CP18-103-000). On March 5, 2018, Cheyenne Connector, LLC and Rockies Express Pipeline LLC (collectively, Applicants) filed an application pursuant to section 7(c) of the Natural Gas Act (NGA) for a certificate of public convenience and necessity (CPCN). The CPCN application pertains to the construction and operation of certain booster compression units and ancillary facilities located in Colorado, which would enable Rockies Express to provide a new hub service allowing for firm receipts and deliveries at the interconnected Cheyenne hub. On December 18, 2018, the Commission issued the Environmental Assessment, finding that the project would not constitute a major environmental impact if mitigating measures are implemented per staff recommendation. Agenda item C-1 may be an order on the CPCN application.

C-2 – Eagle LNG Partners Jacksonville LLC (Docket No. CP17-41-000). On January 31, 2017, Eagle LNG Partners Jacksonville LLC (Eagle LNG) filed an application pursuant to section 3(a) of the NGA. The application seeks Commission authorization to site, construct, and operate facilities for the export of liquefied natural gas from Florida. A substantial number of stakeholders, elected officials, and state and federal agencies filed comments and supplemental information during the course of the intervention period. On November 16, 2018, the Commission issued the draft Environmental Impact Statement (EIS), finding that the project would result in some limited adverse environmental impacts; however, implementation of mitigating measures would reduce the impacts to less-than-significant levels. On April 12, 2019, the Commission issued the final EIS, which retained the same conclusion as the draft EIS released several months prior. On May 10, 2019, Eagle LNG submitted comments on seven specific conditions outlined in the Final EIS so that the Commission may deliberate on the comments and minor changes to the proposed mitigation measures. Agenda item C-2 may be an order on the application submitted by Eagle LNG.

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  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.