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On May 4, 2021, FERC issued Order No. 871-B, clarifying that the rule established in Order No. 871, which precludes FERC from authorizing natural gas pipeline companies to proceed with construction of approved pipeline projects, only applies until the earlier of either (a) the date that a qualifying rehearing request is no longer pending before FERC or (b) 90 days following the date that a qualifying request for rehearing may be deemed denied by operation of law. FERC also limited the application of this rule to requests for rehearing that raise issues reflecting opposition to project construction, operation, or need. Finally, FERC announced a general policy to stay Natural Gas Act (“NGA”) section 7 certificate orders during the rehearing period and pending resolution of any timely requests for rehearing. Commissioner James Danly dissented, arguing that the need for Order No. 871 is obviated by further developments on
Laguna Beach Local News
Three Clubs Barefoot Canyon Classic champion team Nick Alexander, Aaron Taub, Brett Bradshaw and Jeff Regal in 2019. Firebrand File Photo
SchoolPower, Laguna Beach’s education foundation, will host the fifth annual Three Clubs Barefoot Canyon Classic & BBQ, at the Ranch at Laguna Beach on May 10. Members of the Laguna Beach community will come together for a day of golf and entertainment to raise funds to enhance the educational experience of students enrolled in the Laguna Beach Unified School District.
This year’s event will feature nine holes of barefoot golf, tequila tasting, wine tasting, a barbecue dinner, live music, silent online auction, and live auction. The silent auction includes Disneyland Park Hopper Passes, a two-night stay at Montage Los Cabos, certificates for local summer camps, and gift cards to favorite local eateries. Whether they attend the event or not, community members can participate in the auction by texting “schoolpower”
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In an order issued May 4 with a 3-1 vote, FERC sought to set a clearer limit around the time period in which the start of construction would be on hold. It said the prohibition on construction starts would last until the earlier of the date when a rehearing request is no longer pending, or 90 days after a request for rehearing may be denied by operation of law.
Pipeline companies had worried the earlier version of the regulation could allow for lengthy or uncertain delays and had sought a limit of 30 days after a rehearing request is deemed denied.
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On April 15, 2021, FERC issued a Notice of Proposed Rulemaking (“NOPR”) to supplement the March 2020 NOPR regarding its electric transmission incentive policy under Federal Power Act (“FPA”) section 219 (
see March 23, 2020 edition of the
WER). While FERC’s March 2020 NOPR proposed to provide all utilities that turn over their wholesale transmission facilities to a Regional Transmission Organization (“RTO”) a fixed 100 basis-point increase in return on equity (“ROE”) (“RTO Participation Incentive”), the Supplemental NOPR proposes instead to codify its current practice of granting a 50 basis-point RTO Participation Incentive for utilities that join an RTO. In addition, FERC proposes that a utility will only be eligible for the incentive for the first three years after transferring operational control of its facilities to an RTO. The Supplemental NOPR also seeks comment on whether the RTO participati