Summary of FERC Meeting Agenda for October 17, 2019

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White & Case LLPBelow are brief summaries of the agenda items for the Federal Energy Regulatory Commission's October 17, 2019 meeting, pursuant to the agenda as issued on October 10, 2019. Agenda items E-5, E-15, and E-23 have not been summarized due to omission from the agenda.

In this issue…

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

Electric

E-1 – Southwest Power Pool, Inc. (Docket Nos. ER19-460-000, ER19-460-001, ER19-460-002 ER19-460-003, EL19-101-000). On December 3, 2018, Southwest Power Pool, Inc. (SPP) filed revisions to its Open Access Transmission Tariff to comply with Commission Order No. 841 regarding tariff provisions for electric storage resources. SPP filed amendments on February 6, 2019 and February 28, 2019 and requested deferral of the effective date of its filing. On April 1, 2019, the Commission issued a letter directing SPP to file additional information concerning its December 3 filing and subsequent amendments. On May 1, 2019, SPP submitted information in response to the Commission’s April 1 letter. Agenda item E-1 may be order related to SPP’s Order No. 841 compliance tariff filing.

E-2– PJM Interconnection, L.L.C. (Docket Nos. ER19-469-000, ER19-469-001, EL19-100-000). On December 3, 2018, PJM Interconnection, L.L.C (PJM) filed revisions to its Open Access Transmission Tariff to comply with Commission Order No. 841 regarding tariff provisions for electric storage resources. On April 1, 2019, the Commission issued a letter directing PJM to file additional information concerning its December 3 filing. On May 1, 2019, PJM submitted information in response to the Commission’s April 1 letter. On October 8, 2019, PJM submitted a filing requesting Commission action on its December 3 filing prior to December 3, 2019 and a corresponding change to the proposed effective date for the tariff revisions. Agenda item E-2 maybe an order related to PJM’s Order No. 841 compliance tariff filing.

E-3– ISO New England Inc., PJM Interconnection, L.L.C., Southwest Power Pool, Inc. (Docket Nos. EL19-90- 000, EL19-91-000, EL19-92-000). No filings or orders have been submitted or issued in the above-referenced dockets. Agenda item E-3 may be an order instituting a proceeding in the above-referenced dockets.

E-4– North American Electric Reliability Corporation (Docket No. RR19-8-000). On August 23, 2019, the North American Electric Reliability Corporation (NERC) submitted in accordance with section 215 of the FPA and related Commission regulations a request for approval of its 2020 Business Plans and Budgets. Agenda item E-4 may be an order regarding NERC’s request for approval.

E-5 – Omitted

E-6 – Empire Generating Co, LLC (Docket No. EC19-99-000). On June 4, 2019, as amended on June 17, 2019, Empire Generating Company Co, LLC (Empire) filed an application for authorization under section 203(a)(1) of the FPA requesting Commission authorization for the disposition of upstream ownership of Empire Generating to Empire Acquisition LLC. On June 21, 2019, the Commission issued a deficiency letter and requesting additional information. Empire filed supplemental information in response on July 17, 2019. Additionally, on July 3, 2019, Ares Management Coproration filed a Motion to Intervene and Limited Protest. Agenda item E-6 may be an order regarding Empire’s application.

E-7– PJM Interconnection, L.L.C. and Virginia Electric and Power Company (Docket Nos. ER19-1661-000 ER19- 1661-001). On April 24, 2019, PJM submitted for filing, on behalf of Virginia Electric and Power Company d/b/a Dominion Energy Virginia (Dominion), revisions to the PJM Open Access Transmission Tariff to add a new Attachment M-2 proposing changes to the calculation of the Network Service Peak Load contribution used to determine each load serving entities’ load ratio share of Dominion’s annual transmission revenue requirement. On June 14, 2019, the Commission issued a deficiency letter and requested additional information regarding the proposed changes. On July 15, 2019, Dominion submitted a supplement to its April 24 filing with additional information in response to the Commission’s deficiency letter. In addition, certain intervenors have filed protests to Dominion’s April 24 filing and its July 15 supplement. Agenda item E-7 may be an order regarding Dominon’s proposed tariff revisions.

E-8– GridLiance High Plains LLC; Southwest Power Pool, Inc. (Docket No. ER19-1357-000, ER18-2358-001). On March 15, 2019, under Docket No. ER19-1357, GridLiance High Plains LLC (GridLiance) submitted its annual Information Filing regarding its proposed 2019 Annual Transmission Revenue Requirement (ATRR) pursuant to Attachment H of the SPP Open Access Transmission Energy and Operating Reserve Markets Tariff (SPP Tariff). On July 1, 2019, Xcel Energy Services Inc. (Xcel) filed a Formal Challenge to GridLiance’s Informational Filing in accordance with Attachment H of the SPP Tariff. Additionally, on August 30, 2018, under Docket No. ER18-2358, SPP filed proposed revisions to the SPP Tariff to add an ATRR for transmission service using certain new facility upgrades and existing facilities of GridLiance. On October 18, 2018, Xcel filed a protest regarding SPP’s proposed revisions. In Xcel’s July 1 Formal Challenge, Xcel requested the Commission consolidate the proceedings in Docket Nos. ER19-1357 and ER18-2358. Agenda item E-8 may be an order related to GridLiance’s Informational Filing and Xcel’s Formal Challenge.

E-9 – Tucson Electric Power Company; UNS Electric, Inc.; UniSource Energy Development Company (Docket Nos. ER10-2564-009, ER10-2600-009, ER10-2289-009, EL19-44-000). On December 21, 2018, Tucson Electric
Power Company (Tucson Electric), UNS Electric, Inc. (UNS) and UniSource Energy Development Company (UniSource, and collectively Applicants) filed a triennial market power update for the Southwest region with an updated market power analysis for the Southwest region, which includes the Tucson Electric balancing authority area and first-tier balancing authority areas. On March 8, 2019, the Commission issued an order finding that the updated market power analysis in the December 21 filing showed a wholesale market share indicative screen in the Tucson Electric balancing area authority in the winter season, and such failure, and thus did not meet the thresholds to establish a rebuttable presumption of horizontal market power. The Commission’s order instituted a section 206 proceeding to determine whether Applicant’s market-based rate authority remains just and reasonable and to establish a refund effective date. On May 6, 2019, the Applicant’s submitted a response to the Commission’s March 8 order. Agenda item E-9 may be an order regarding the December 21 updated triennial market power updated and related section 206 proceeding.

E-10 – Gulf Power Company (Docket No. ER18-1953-003). On June 20, 2019, Gulf Power Company filed a Joint Settlement Agreement. On August 21, 2019, the Administrative Law Judges filed a certification of uncontested settlement. Agenda item E-10 may be an order on the settlement.

E-11 – Westar Energy, Inc. (Docket No. ER18-1418-001). On April 23, 2018, Westar Energy, Inc. (Westar) filed, pursuant to section 205 of the Federal Power Act and as required by its previous settlement, revisions to the transmission and distribution factors set forth in its Open Access Transmission Tariff (OATT). On June 26, 2018, the Commission issued an order accepting and suspending the proposed tariff revisions and setting the case for hearing and settlement judge procedures. The parties entered into settlement negotiations culminating in a settlement agreement dated July 3, 2019. On July 23, 2019, Nemaha-Marshall Electric Cooperative Association, Inc. filed comments opposing the settlement agreement because it removes references to Composite Loss Factors in the OATT. On August 8, 2019, Settlement Judge Steven L. Sterner issued a Report of Contested Settlement. Agenda item E-11 may be an order addressing the contested settlement.

E-12 – Constellation Power Source Generation, LLC; Exelon Generation Company, LLC; Handsome Lake Energy, LLC (Docket Nos. ER17-801-004, ER17-802-003, ER17-803-002). On January 17, 2017, as amended on January 25, 2017, Constellation Power Source Generation, LLC (CPSG) submitted, pursuant to section 205 of the Federal Power Act, revisions to its FERC Rate Schedule No. 2 that proposed to increase its Reactive Service revenue requirement from $1,240,269.32 to $1,969,128.51. Also on January 17, 2017, as amended on January 25, 2017, Exelon Generation Company, LLC (ExGen) submitted, pursuant to section 205 of the Federal Power Act, revisions to its FERC Rate Schedule No. 22 that proposed to increase its Reactive Service revenue requirement from $21,502,939.00 to $32,444,282.95. On January 17, 2017, as amended on January 25, 2017, Handsome Lake Energy, LLC (Handsome Lake) submitted, pursuant to section 205 of the Federal Power Act, revisions to its FERC Rate Schedule No. 2 that proposed to decrease its Reactive Service revenue requirement from $370,304.00 to $215,716.75. On March 21, 2017, the Director of the Division of Electric Power Regulation – East, pursuant to his delegated authority, issued separate delegated letter orders in Docket Nos. ER17-801-001, ER17-802-001, and ER17-803-001, accepting the CPSG Rate Schedule to become effective March 1, 2017, subject to refund, and the ExGen Rate Schedule to become effective August 27, 2017, subject to refund, and established hearing and settlement judge proceedings. With regard to the Handsome Lake Rate Schedule, the Director of the Division of Electric Power Regulation – East, pursuant to his delegated authority, initiated a section 206 proceeding in Docket No. EL17-50-000 effective March 1, 2017. On April 7, 2017, the Chief Administrative Law Judge granted the parties’ request to handle the proceedings in Docket Nos. ER17-801-001, ER17-802-001, and EL17-50-000 jointly for settlement purposes given the legal and factual commonalities among the non- consolidated proceedings. The Parties and Trial Staff engaged in numerous settlement discussions and in several settlement conferences with Judge Krolikowski, culminating in the settlement agreement filed April 22, 2019. The Settlement reduces the combined annual revenue requirement (ARR) for CPSG, ExGen, and Handsome Lake from the filed ARR of $34,629,128.21 to the settled ARR of $23,113,512.24, Judge Krolikowski, certified the uncontested settlement on June 12, 2019. Agenda item E-12 may be an order addressing the Settlement Agreement.

E-13 – NTE Ohio, LLC (Docket No. ER18-2362-001). On August 30, 2018, NTE Ohio filed, pursuant to section 205 of the Federal Power Act, a rate schedule to begin receiving payments for Reactive Supply and Voltage Control pursuant to Schedule 2 of the PJM Interconnection Open Access Transmission Tariff (OATT). In its filing, NTE Ohio sought to recover $1,932,933 annually for the provision of Reactive Services. On October 29, 2018, the Commission accepted NTE Ohio’s proposed rate schedule and suspended it for a nominal period, to become effective September 1, 2018, subject to refund, and set the case for hearing and settlement judge procedures. NTE Ohio, Duke, PJM and Trial Staff engaged in a series of settlement discussions and ultimately filed a Settlement Agreement on June 11, 2019 which reflected a negotiated “black box” annual revenue requirement of $1,300,000. Judge Hurt, certified the uncontested settlement on July 12, 2019. Agenda item E-13 may be an order addressing the Settlement Agreement.

E-14 – Nevada Hydro Company, Inc. v. California Independent System Operator Corporation (Docket No. EL19- 81-000). On June 17, 2019, the Nevada Hydro Company, Inc. (Nevada Hydro) filed, pursuant to section 206 of the Federal Power Act, a complaint alleging that the California Independent System Operator Corporation (CAISO) failed to satisfy its commitment to the Commission to study the Lake Elsinore Advanced Pumped Storage hydroelectric project (LEAPS) as a transmission facility in the 2018-2019 transmission planning process, violated the planning provisions of Article 24 of its tariff, and accordingly produced unjust and unreasonable results in its published transmission plan. Nevada Hydro’s allegations were prompted by the CAISO’s selection of short-term operational fixes, batteries, and demand response to address reliability issues that Nevada Hydro argues are more efficiently and cost-effectively resolved by LEAPS. Numerous parties submitted pleadings addressing the complaint. Agenda item E-14 may be an order addressing the complaint.

E-15 – Omitted

E-16 – Exelon Fitzpatrick, LLC (Docket No. ER17-2201-001). On July 31, 2017, Exelon Fitzpatrick, LLC (Exelon) filed, pursuant to section 205 of the Federal Power Act, an application for market-based rate authority with an accompanying tariff providing for the sale of electric energy, capacity, and ancillary services at market-based rates. On September 28, 2017, the Commission granted Exelon authority to make wholesale sales of electric energy, capacity, and ancillary services at market-based rates, effective September 29, 2017, as requested.

Exelon was designated as a Category 2 seller in the Northeast region and a Category 1 seller in all other regions. On October 27, 2017, Public Citizen, Inc. submitted a request for rehearing of the Commission’s order granting Exelon market-based rate authority arguing that the Commission erred in failing to consider the impact of the New York Zero Emission Credit on the horizontal market power screen and the rates that Fitzpatrick could recover.
Agenda item E-16 may be an order addressing the request for rehearing.

E-17 – Ameren Illinois Company (Docket No. ER17-1198-002). On March 13, 2017, Ameren Illinois Company (Ameren Illinois) submitted its annual informational formula rate update (2017 Annual Update), as required by the formula rate protocols set forth in Attachment O-AIC of Midcontinent Independent System Operator, Inc.’s (MISO) Open Access Transmission, Energy and Operating Reserve Markets Tariff (MISO Tariff). On April 17, 2017, Southwestern Electric Cooperative, Inc. (Southwestern) submitted, pursuant to section IV of Attachment O-AIC to the MISO Tariff, a Formal Challenge of Ameren Illinois’ 2017 Annual Update challenging several inputs to Ameren’s 2017 projections and 2015 True-Up including: transmission plant expenses, Account 190 entries, Accounts 282 and 283 entries, general and intangible plant expenses, land held for future use expenses, administrative and general (A&G) expenses, franchise fees, CIAC-related income tax amounts, and the wages and salaries allocator. On June 20, 2019, the Commission issued an order granting in part and denying in part the Formal Challenge. On July 22, 2019, Southwestern filed a request for rehearing of the Commission’s order addressing the Formal Challenge. Agenda item E-17 may be an order addressing the request for rehearing.

E-18 – Midcontinent Independent System Operator, Inc. (Docket No. ER18-1899-004). On June 29, 2018, as amended on September 26, 2018 and October 3, 2018, Midcontinent Independent System Operator, Inc. (MISO) filed, pursuant to section 205 of the Federal Power Act, two pro forma pseudo-tie agreements as new Attachments FFF-1 and FFF-2 to the MISO Open Access Transmission, Energy and Operating Reserve Markets Tariff (Tariff), as well as certain associated modifications to Tariff Modules A and C. On November 30, 2018, the Commission accepted the proposed tariff revisions, subject to condition. On December 31, 2018, American Municipal Power, Inc. requested rehearing of the Commission’s order accepting the tariff revisions alleging that the Commission has allowed MISO to: deprive a pseudo-tied entity of grandfathered status upon the termination of transmission service reservations in the absence of rollover, even in the event the transmission service reservation is replaced with identical arrangements; terminate a pseudo-tie in the event the RTO’s modeling yields a 2% or greater variation in the Distribution Factor calculations; and terminate, rather than suspend, a pseudo-tie in the event of emergency conditions affecting reliability. Agenda item E-18 may be an order addressing the request for rehearing.

E-19 – Midcontinent Independent System Operator, Inc.; PJM Interconnection, L.L.C. (Docket Nos. ER18-136- 004; ER18-137-004). On October 23, 2017, as amended January 29, 2018 and May 31, 2018, Midcontinent Independent System Operator, Inc. (MISO) and PJM Interconnection, L.L.C. (PJM) submitted in separate dockets, pursuant to section 205 of the Federal Power Act, proposed revisions (Phase 1 Revisions) to the Joint Operating Agreement Between MISO and PJM (JOA), to provide for a phased resolution of certain issues involving overlapping congestion charges affecting pseudo-tied generation in MISO and PJM. On July 31, 2018, the Commission issued an order accepting the proposed tariff revisions and requiring MISO to submit informational filings as to the status of its efforts to file and implement a solution to the remainder of the overlapping congestion charges. On August 30, 2018, American Municipal Power, Inc. filed a request for rehearing alleging that the Commission erred by engaging in impermissible piecemeal ratemaking. Agenda item E-19 may be an order addressing the request for rehearing.

E-20 – PJM Interconnection, L.L.C. (Docket No. ER18-1730-001). On June 1, 2018, PJM Interconnection, L.L.C. (PJM) filed, pursuant to section 205 of the Federal Power Act (FPA), proposed revisions (Phase 2 Revisions) to the PJM Open Access Transmission Tariff (Tariff) and the Amended and Restated Operating Agreement (Operating Agreement) to: (1) charge or credit pseudo-tie transactions from MISO to the PJM-MISO interface for real-time deviations from day-ahead schedules for congestion resulting from market-to-market coordination pursuant to the Joint Operating Agreement between Midcontinent Independent System Operator, Inc. (MISO) and PJM (JOA); and (2) provide a new transaction type to hedge exposure to financial risk for pseudo-tied resources from PJM into MISO. On July 31, 2018, the Commission issued an order accepting the proposed tariff revisions. On August 30, 2018, American Municipal Power, Inc. filed a request for rehearing alleging that the Commission erred by engaging in impermissible piecemeal ratemaking. Agenda item E-20 may be an order addressing the request for rehearing.

E-21 – PJM Interconnection, L.L.C. (Docket No. ER19-945-001). On January 31, 2019, PJM Interconnection, L.L.C. (PJM) filed amendments to its Tariff in order to add Financial Transmission Rights (FTRs) mark-to-auction provisions and revise or clarify certain other FTR credit provisions. The Commission issued an order approving the proposed amendments on April 1, 2019. On May 1, 2019, Vitol Inc. (Vitol) filed a request for rehearing of the April 1 order issued by the Commission. Vitol asserts that it generally supports the order, but is seeking assurance to ensure that the proposed amendments to the PJM Tariff are just and reasonable in light of a Special Committee report that found insufficient internal practices and actions with respect to the GreenHat default. Namely, Vitol finds the Commission order does not hold PJM accountable for imposing specific timing obligations, causing market participants to be at the mercy of when PJM decides to recalculate certain components of FTRs. Agenda item E-21 may be an order on the request for rehearing by Vitol.

E-22 – Owensboro Municipal Utilities v. Louisville Gas and Electric Company and Kentucky Utilities Company (Docket No. EL18-203-001). On September 21, 2018, City Utility Commission of the City of Owensboro, Kentucky (Owensboro) filed a complaint against Louisville Gas and Electric Company and Kentucky Utilities Company (LG&E/KU). In the complaint, Owensboro alleges that LG&E/KU have violated their joint obligation, under the effective rate schedule, to reimburse Owensboro for pancaked transmission service charges incurred to “Drive- Out” from the Midcontinent Independent System Operator. Starting from February 1, 2018 forward, Owensboro states the unpaid refund due totals $2,644,759. On February 21, 2019, the Commission issued an order granting the complaint in part, principally directing LG&E/KU to reimburse or credit to Owensboro an amount equal to the MISO charges for the transmission reservation that Owensboro provided from February 1, 2018 and to file a refund report within sixty days of the order. On March 25, 2019, LG&E/KU filed a request for rehearing of the February 21 order, claiming that the Commission failed to address certain material facts and adopted an overly broad interpretation of the rate schedule. Agenda item E-22 may be an order on the request for rehearing by LG&E/KU.

E-23 – Omitted

E-24 – CXA La Paloma, LLC v. California Independent System Operator Corporation (Docket No. EL18-177-001). On June 20, 2018, CXA La Paloma, LLC (La Paloma) filed a complaint against the California Independent System Operator Corporation (CAISO), pursuant to section 206 of the Federal Power Act (FPA). The complaint alleged that due to the fragmented nature of electricity regulation and jurisdiction in the state of California, a central resource adequacy procurement administered by CAISO has not yet been implemented and is necessary for proper market function. Accordingly, La Paloma requested that the Commission require CAISO to implement centralized resource adequacy procurement, with appropriate flexibility requirements, to generate price signals necessary to attract and retain resources needed for system planning purposes, and to incent appropriate investment in existing resources and efficient entry and exit of supply. On November 19, 2018, the Commission issued an order denying the complaint, finding that CXA had not satisfied its burden in demonstrating that the existing CAISO Tariff is unjust, unreasonable, or La Paloma discriminatory. On December 19, 2018, three parties filed respective requests for rehearing (La Paloma, NRG Energy Inc., and Western Power Trading Forum). The requests for rehearing addressed parallel issues with the order, namely the increasing use and reasons underlying emergency backstop designations under the CAISO Tariff, suppression of resource adequacy pricing, and a disparity between prioritizing reliability outcomes at the expense of just and reasonable Tariff provisions. Agenda item E-24 may be an order on the three requests for rehearing.

E-25 – Public Citizen, Inc. v. PJM Interconnection, L.L.C. (Docket No. EL18-61-000). On February 20, 2018, Public Citizen, Inc. (Public Citizen) filed a complaint against PJM pursuant to section 206 of the FPA. The complaint alleged that PJM has made at least $456,500 in campaign contributions to partisan political action committees and millions of dollars to lobbying firms. According to Public Citizen, these contributions signify tacit endorsement of PJM members, but there is no formal evidence that these expenditures were made transparent or voted on by PJM members. Therefore if PJM is financing partisan political activities through its filed rate, the complaint asserts such funding is unjust and unreasonable. Agenda item E-25 may be an order on the complaint brought forward by Public Citizen.

E-26 – PJM Interconnection, L.L.C. (Docket No. EL14-37-000). On August 29, 2014, the Commission initiated an investigation pursuant to section 206 of the FPA to address if the manner in which the PJM Tariff applies the FTR forfeiture rule to Up-to Congestion transactions (UTCs) is just and reasonable. In a UTC transaction, a market participant submits an offer to simultaneously inject energy at a specified source and withdraw the same megawatt quantity at a specified sink in the day-ahead market, and specifies the maximum difference in locational marginal prices (LMP) at the transaction’s source and sink that the market participant is willing to pay. On January 7, 2015, the Commission held a technical conference regarding the proceeding. The Commission issued an order on January 19, 2017, finding the current application of the FTR forfeiture rule to virtual transactions is no longer just and reasonable. In the order, the Commission directed PJM to transition from an individual transaction approach to a portfolio approach that would evaluate the net effect of a participant’s entire virtual portfolio. The Commission instructed PJM to submit a compliance filing within 90 days; to date, there has been no such filing. Agenda item E-26 may be an order on PJM compliance relating to the January 19 order.

Gas

G-1 – Arkansas Oklahoma Gas Corporation (Docket No. PR19-42-000). On February 22, 2019, Arkansas Oklahoma Gas Corporation (AOG) filed an annual report supporting limited waivers regarding interruptible service and a request for continuation of the limited waivers until January 15, 2025. In an order issued by the Commission on December 18, 2014, two limited waivers were granted through January 15, 2020 in order to: 1) charge the currently effective rates for interruptible transportation service provided under a blanket certificate; and 2) continue designating its receipt points as “production pool” instead of specific receipt points. Agenda item G-1 may be an order on the request for continuation of the two limited waivers.

G-2 – Wyoming Interstate Company, L.L.C. (Docket No. RP19-420-000). On December 6, 2018, Wyoming Interstate Company (WIC) filed its Form 501-G in order to demonstrate that an adjustment to its rates is not warranted. This filing is pursuant to Order No. 849 issued by the Commission on July 30, 2018, which instructed natural gas pipeline companies to file individual facts and circumstances that affirm its rates are just and reasonable in light of federal corporate income tax reform that may alter the revenue requirements of natural gas pipelines. Agenda item G-2 may be an order on the Form 501-G submittal.

G-3 – Natural Gas Pipeline Company of America LLC (Docket No. RP19-395-000). On December 6, 2018, Natural Gas Pipeline Company of America (NGPL) filed its Form 501-G in order to demonstrate that an adjustment to its rates is not warranted. This filing is pursuant to Order No. 849 issued by the Commission on July 30, 2018, which instructed natural gas pipeline companies to file individual facts and circumstances that affirm its rates are just and reasonable in light of federal corporate income tax reform that may alter the revenue requirements of natural gas pipelines. Agenda item G-3 may be an order on the Form 501-G submittal.

G-4 – Sea Robin Pipeline Company, LLC (Docket No. RP19-352-004). On November 18, 2018, pursuant to section 4 of the Natural Gas Act, Sea Robin Pipeline Company, LLC (Sea Robin) submitted revised tariff records reflecting, inter alia, a general rate increase to its firm and interruptible transportation and gathering rates, proposed to be effective January 1, 2019. On December 31, 2018, the Commission issued an order accepting for filing and suspending Sea Robin’s proposed rates, subject to refund and the outcome of a hearing. On July 22, 2019, Sea Robin submitted an offer of settlement to resolve all issues pending in the rate proceeding. On September 25, 2019, the presiding Commission administrative law judge filed a certification of uncontested offer of settlement. Agenda item G-4 may be an order on the uncontested offer of settlement.

G-5 – RRI Energy Services, LLC; Morgan Stanley Capital Group Inc. (Docket No. RP19-872-001). On March 22, 2019, RRI Energy Services, LLC (RRI) and Morgan Stanley Capital Group Inc. (Morgan Stanley) filed a petition requesting temporary, limited waiver of the Commission’s capacity release regulations and the related tariff provisions of Kern River Gas Transmission Company (Kern River). RRI and Morgan Stanley filed their petition to facilitate the transfer of a jurisdictional natural gas transportation agreement from RRI to Morgan Stanley, as part of RRI’s exit from the natural gas marketing business following bankruptcy. On April 18, 2019, the Commission issued an order (April Order) denying RRI and Morgan Stanley’s requested waivers of the Commission’s capacity release regulations and related Kern River tariff provisions. On May 17, 2019, RRI and Morgan Stanley requested rehearing of the April Order. Agenda item G-5 may be an order on RRI and Morgan Stanley’s request for rehearing.

G-6 – Epsilon Trading, LLC, Chevron Products Company, and Valero Marketing and Supply Company v. Colonial Pipeline Company; BP Products North America, Inc., Trafigura Trading LLC and TCPU, Inc. v. Colonial Pipeline Company; TransMontaigne Product Services LLC v. Colonial Pipeline Company; CITGO Petroleum Corporation v. Colonial Pipeline Company (Docket Nos. OR18-7-001, OR18-12-001, OR18-17- 001, OR18-21-001 (consolidated)). On November 22, 2017, Epsilon Trading, LLC, Chevron Products Company, and Valero Marketing and Supply Company filed a complaint against Colonial Pipeline Company (Colonial). On February 2, 2018, BP Products North America, Inc., Trafigura Trading LLC, and TCPU, Inc. filed a complaint against Colonial. On March 1, 2018, TransMontaigne Product Services LLC (TransMontaigne) filed a complaint against Colonial. On April 20, 2018, CITGO Petroleum Corporation filed a complaint against Colonial. Generally, the complaints challenged Colonial’s tariff rates for the transportation of petroleum products on Colonial’s pipeline system in addition to Colonial’s charges and practices regarding transmix and product volume losses. On September 20, 2019, the Commission issued an order (September Order) consolidating the complaints and setting the issues raised in the complaints for settlement judge procedures. On October 22, 2018, Transmontaigne requested clarification, or in the alternative, rehearing of the September Order. Agenda item G-6 may be an order on Transmontaigne’s request for clarification or rehearing.

Hydro

H-1 – Revision to Policy Statement on Consultation with Indian Tribes in Commission Proceedings (Docket No. PL20-1-000). Agenda item H-1 may be an order instituting a new docket related to a revision to a policy statement on consultation with Indian tribes in Commission proceedings.

H-2 – Tomlin Energy LLC (Docket No. P-14983-000). On March 15, 2019, Tomlin Energy LLC (Tomlin) submitted an application for a preliminary permit for the proposed Tomlin Pump Storage Plant No. 2, a closed- loop pumped storage hydroelectric generating facility to be located on a private island in Pushmataha County, Oklahoma (Application). On April 12, 2019, the Commission issued a letter accepting Tomlin’s Application for filing. Agenda item H-2 may be an order on Tomlin’s Application.

H-3 – Placer County Water Agency (Docket No. P-2079-081). On February 22, 2019, pursuant to Rule 207(a)(2) of the Commission’s Rules of Practice and Procedure, the Placer County Water Agency (PCWA) petitioned the Commission for a declaratory order finding that the California State Water Resources Control Board (CSWRCB) has waived its certification authority under section 401 of the Clean Water Act (CWA) with respect to PCWA’s application for a new license for the Middle Fork American Project, FERC Project No. 2079-079 (Middle Fork Project). On April 18, 2019, the Commission issued a declaratory order (April Order) granting the PCWA’s petition, finding that the CSWRCB had waived its CWA section 401 water quality certification authority with respect to the Middle Fork Project. In May 2019, the CSWRCB and the Foothills Water Network (along with its member organization) filed requests for rehearing of the April Order. Agenda item H-3 may be an order on the CSWRCB and Foothills Water Network requests for rehearing.

Certificates

C-1 – Natural Gas Pipeline Company of America LLC (Docket No. CP19-52-000). On January 18, 2019, pursuant to section 7(c) of the Natural Gas Act, Natural Gas Pipeline Company of America LLC (Natural) submitted an abbreviated application for a certificate of public convenience and necessity for authorization to construct, install, modify, operate, and maintain a new 16.84 mile 30-inch pipeline extension to the existing Lockridge Pipeline to be located in Ward, Reeves and Pecos Counties, Texas, and in addition, a new delivery meter station including two 10-inch meters and a 30-inch tap located in Pecos County, Texas (the Lockridge Extension Pipeline Project). On May 31, 2019, Commission staff issued an environmental assessment for the Lockridge Extension Pipeline Project. Agenda item C-1 may be an order on Natural’s certificate application for the Lockridge Extension Pipeline Project.

C-2 – Transcontinental Gas Pipe Line Company, LLC (Docket No. CP18-186-000). On April 11, 2018, pursuant to sections 7(b) and 7(c) of the Natural Gas Act, Transcontinental Gas Pipe Line Company, LLC (Transco) submitted an application for a certificate of public convenience and necessity authorizing the construction and operation of Transco’s Southeastern Trail Project and the abandonment of certain compression facilities. Transco’s application states that the Southeastern Trail Project is an expansion of Transco’s existing system and will enable firm transportation of an incremental 296,375 dekatherms per day for five shippers beginning with the 2020/2021 winter heating season. On February 8, 2019, Commission staff issued an environmental assessment for the Southeastern Trail Project. Agenda item C-2 may be an order on Transco’s certificate application for the Southeastern Trail Project.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • 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 privacy@jdsupra.com.

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 privacy@jdsupra.com 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 privacy@jdsupra.com 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 privacy@jdsupra.com. 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 privacy@jdsupra.com.

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: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (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 legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. 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 http://www.aboutcookies.org 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: privacy@jdsupra.com.

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