FERC, DOE to hold Security Investments for Energy Infrastructure Technical Conference

The Federal Energy Regulatory Commission and the United States Department of Energy have scheduled a joint technical conference to discuss current cyber and physical security practices used to protect energy infrastructure and possible federal and state incentives for related security investments.

According to a notice issued on February 4, the Security Investments for Energy Infrastructure Technical Conference will be led by one or more FERC Commissioners and DOE senior officials. Its agenda addresses two high-level topics: types of current and emerging cyber and physical security threats, and how federal and state authorities can facilitate investments to improve the cyber and physical security of energy infrastructure.

In a supplemental notice issued on March 1, the agencies noted that the Commission has adopted a "well-developed set of mandatory and enforceable reliability standards that set baseline protections for both cyber and physical security of the bulk electric system" as well as "policies that allow for the recovery of prudently incurred costs to comply with those mandatory reliability standards." The supplemental notice describes the technical conference as aimed at better understanding:

1. the need for security investments that go beyond those measures already required by mandatory reliability standards, including in infrastructure not subject to those standards (e.g., natural gas pipelines);
2. how the costs of such investments are or could be recovered; and
3. whether additional incentives for making such investments are needed, and if so, how those incentives should be designed.

The supplemental notice describes two panels, the first of which will discuss types of cyber and physical security threats to energy infrastructure, particularly electric transmission, generation, and natural gas pipelines, as well as best practices for cyber and physical security mitigation beyond those measures already required by mandatory reliability standards and industry and government engagement needed to address these matters. The second panel will explore how federal and state authorities can provide incentives and cost recovery for security investments in energy infrastructure, particularly electric transmission, generation, and natural gas pipeline infrastructure

The federal agencies' Security Investments for Energy Infrastructure Technical Conference has been scheduled for on March 28, 2019.

Holyoke utility imposes moratorium on new gas service, citing pipeline constraints

The municipal utility serving the town that hosts the headquarters for the operator of the regional electric grid has informed its customers that the utility “is unable to accommodate new natural gas service requests due to the lack of natural gas availability in the region.” Holyoke Gas & Electric adds, “Recent proposals that would increase natural gas capacity in the region have been met with opposition, and the current pipeline constraints are causing significant adverse environmental and economic impacts on the region's ratepayers."

Holyoke Gas & Electric is a consumer-owned municipal utility established in 1902 through the purchase of a gas and electric plant from the Holyoke Water Power Company. According to the utility, the town saw ownership of a municipal utility "as a way to stabilize rates and keep local control over their energy services." As a municipal utility, Holyoke Gas & Electric is operated as a not-for-profit concern, and is owned by the community it serves. The utility cites public power advantages from this structure including operating in the local public interest, with local control over rates and services, local ownership, and reliance on local employees. In 1999, the utility acquired the Holyoke Dam, the city's canal system, and the remainder of the Holyoke Water Power Company's assets. The utility touts its ability to produce over 65% of its electricity needs from these renewable hydropower resources and cites "some of the lowest utility rates in New England."

Holyoke's Gas Division provides natural gas service through about 9,900 meters in Holyoke and Southampton. But on January 28, 2019, the utility gave its customers notice that it had placed a moratorium on most new natural gas service installations. According to that notice, the utility's natural gas customers are served by an interstate pipeline "which has become severely constrained due to a dramatic increase in demand over the last two decades," with "no corresponding increase in pipeline capacity to deliver additional supply to the region." As a result of significant growth in demand for natural gas by Holyoke's customers, HG&E said it is "forced to impose a moratorium on new natural gas connections until the capacity issue is addressed."

The utility further explained, "While inexpensive natural gas has never been more plentiful in the United States, there is insufficient pipeline capacity in our region to deliver additional load. Recent proposals that would increase natural gas capacity in the region have been met with opposition, and the current pipeline constraints are causing significant adverse environmental and economic impacts on the region's ratepayers." In its notice, the utility noted that due to the lack of natural gas during peak demand periods, "more electric generators are forced to switch to oil, while coal generators are called upon to operate, causing significant spikes in greenhouse gas emissions." Regional electric grid operator ISO New England, which is headquartered in Holyoke, reported that during a 15-day cold spell in January 2018, over two million barrels of oil were burned to generate electricity due to the lack of natural gas, more than the total amount of oil burned in 2017.

Beyond increased emissions, the utility also used ISO-NE data to show how "the lack of natural gas has a significant impact on energy costs throughout New England." Citing data from ISO-NE, the utility observed that during the two-week period from December 26, 2017 to January 8, 2018, electricity prices experienced an "approximately $700 million increase in energy costs for New England ratepayers compared to the prior year."

Holyoke Gas & Electric says it is working with gas utility Columbia Gas of Massachusetts to explore a solution involving system upgrades in other communities to "address local capacity issues, which will help reduce regional carbon emissions, improve reliability, and support local economic development." In the meantime, HG&E says its moratorium on new natural gas connections will remain in place "until the capacity issue is addressed."

PNGTS applies for Westbrook XPress Phase I pipeline project

An interstate natural gas pipeline system bringing gas from eastern Canada into Maine has asked U.S. regulators for approvals necessary for a project that would marginally increase the system's capacity to bring gas to Maine and the New England market.

At issue is Portland Natural Gas Transmission System (PNGTS), a pipeline that spans New England from the Canadian border to pipeline connections in New Hampshire, Maine, and Massachusetts. Its facilities include 142 miles of wholly-owned mainline from an interconnection with Trans-Québec & Maritimes Pipeline Inc. at the U.S./Canada border to Westbrook, Maine plus two laterals, as well as 101 miles of mainline from Westbrook to Dracut, Massachusets, which PNGTS owns jointly with another interstate pipeline, Maritimes & Northeast Pipeline, L.L.C. PNGTS operates pursuant to a number of federal approvals, including a certificate issued by the Federal Energy Regulatory Commission and a Presidential Permit authorizing its facilities for importing gas from (or exporting gas to) Canada.

On December 21, PNGTS applied to the Commission for authorization for Phase I its "Westbrook Xpress Project," which would increase the certificated capacity on the northern portion of its system from Pittsburg, New Hampshire, to Westbrook, Maine, by 42.482 million cubic feet per day (MMcf/d), effective November 1, 2019. The pipeline's application includes both public materials and materials that are protected against public disclosure as "controlled unclassified information", including privileged information and "critical energy infrastructure information."

In the public materials, PNGTS describes continued increased demand for natural gas: "Growing demand for natural gas for space heating, industrial processes and electric generation is driving a commensurate demand for incremental pipeline deliverability from abundant North American supply basins." PNGTS says its Westbrook XPress project "will provide access to, and allow for the transportation of, natural gas supplies from key North American supply basins such as Marcellus, Utica, and others" via Canadian pipelines. The company describes its Westbrook Xpress project is "a solution to meet this growing demand in areas of North America that have some of the highest residential gas prices in the winter." It envisions two distinct phases of the project: Phase I with an incremental 42.482 million cubic feet per day of certificated capacity, with an anticipated Phase II to bring an incremental 62.989 million cubic feet per day of capacity.

The Commission has docketed PNGTS's application for Phase I of the Westbrook XPress project as Docket No. CP19-32, and has issued public notice of the opportunity to intervene or comment through 5:00 pm Eastern Time on January 29, 2019.

NECA Fuels Conference 2018

Northeast Energy and Commerce Association holds its 2018 Fuels Conference on September 27, 2018, in Marlborough, Massachusetts.

NECA is New England's oldest and most broadly-based, non-profit trade association serving the competitive electric power industry.

The program for NECA's 2018 Fuels Conference features diverse perspectives on fuels including natural gas (pipeline and LNG), biogas, oil, and other fuels, and in their uses such as electric power generation, heating, and transportation. Speakers will share their outlook for U.S. and New England natural gas markets, address the trend towards electrification of sectors like heating and transportation, explain the portfolio of fuels used to heat and power the region, and discuss what consumers can expect from lawmakers, regulators, and energy providers.

Registration is available through NECA's website.

FERC natural gas pipeline policy under inquiry

U.S. energy infrastructure regulators have launched an inquiry to examine how they review and authorize interstate natural gas transportation facilities under federal law. The process before the Federal Energy Regulatory Commission could lead to changes to the Commission's policies on certification of new natural gas pipelines.

Section 7 of the Natural Gas Act requires any person seeking to construct or operate a facility for the transportation of natural gas in interstate commerce to obtain a certificate of public convenience and necessity from the Commission. The law directs the Commission to issue a certificate to any qualified applicant upon finding that the construction and operation of the proposed project—whether pipeline, storage, or liquefaction facilities—“is or will be required by the present or future public convenience and necessity.” Other laws, such as the National Environmental Policy Act, prescribe additional processes and criteria for environmental review.

The Commission has developed regulations implementing its certification process. In 1999, it issued its current Policy Statement on the topic, “Certification of New Interstate Natural Gas Pipeline Facilities – Statement of Policy” (Docket No. PL99-3-000). As recently described in a statement by Commissioner Chatterjee, "the Certificate Policy Statement has provided a flexible, effective framework for the Commission’s evaluation of natural gas pipeline projects." Proponents cite the value of regulatory predictability, with specific additional benefits including reduced energy prices and increased opportunities in gas production and manufacturing.

But the ensuing 19 years have brought changes to the natural gas industry, as well as increased stakeholder interest in how the Commission reviews proposed new natural gas pipelines. The Commission cites a list of significant changes including "a revolution in natural gas production technology leading to dramatic increases in production"; new areas of major natural gas production and changes in the direction of pipeline system flows; "customers routinely entering into long-term precedent agreements for firm service during the formative stage of potential projects and the use of those precedent agreements as applicants’ principal evidence of the need for their projects"; increased use of natural gas for electric generation; increased concerns about siting and greenhouse gas impacts, and about the Commission's environmental review process.

New commissioners have also taken office. In December 2017, new Chairman McIntyre issued a statement suggesting the Commission would reexamine the 1999 policy statement as part of commitments he made during his Senate confirmation process.

Now, the Commission is following through on that promise. Its April 19, 2018 Notice of Inquiry seeks input on whether, and if so how, the Commission should revise its policies on how it evaluates whether there is a need for a proposed project, and its evaluation of a proposed project's environmental impacts and issues related to eminent domain and landowner interests. Finally, through the inquiry the Commission seeks input on potential procedural improvements to the certification process.

The Commission noted that while the inquiry is pending, the Commission intends to continue processing natural gas facility matters before it consistent with the 1999 policy statement, and to make determinations on the matters raised in those proceedings on a case-by-case basis.

FERC disallows MLP pipelines' recovery of income tax allowance

U.S. energy regulators have revised their policies, and will no longer allow master limited partnership (MLP) interstate natural gas and oil pipelines to recover an income tax allowance in their cost-of-service rates. The Federal Energy Regulatory Commission issued its Revised Policy Statement on Treatment of Income Taxes following a 2016 federal court order addressing the topic.

At issue is the Commission's policy on how MLP pipelines may set their cost-based rates. As described by the Commission, an MLP is a partnership form in which units are traded on exchanges much like corporate stock. To be treated as an MLP for Federal income tax purposes, an MLP must receive at least 90 percent of its income from certain qualifying sources, including natural gas and oil transportation.

MLP pipelines are not corporations, but are pass-through entities. This means that MLPs are not taxed at the pipeline level; instead, for tax purposes, the partnership agreement allocates to each partner a share of the partnership’s taxable income, and each partner is personally responsible for paying income taxes on the partnership’s net taxable income.

From 2005 until a 2016 court ruling, the Commission's 2005 Income Tax Policy Statement allowed all partnership entities (including MLPs) to recover an income tax allowance for the partners' tax costs, much like a corporation receives an income tax allowance for its corporate income tax costs. Alongside this income tax policy, the Commission has used a discounted cash flow (DCF) methodology to determine the rate of return regulated entities need to attract capital.

In 2008, a pipeline MLP named SFPP, L.P. filed a cost-of-service rate increase to increase the rates for a line running between California and Arizona. Shippers protested the filed rates, including the interaction between (a) the Commission’s policy permitting an income tax allowance policy for partnership business forms (such as SFPP) and (b) the Commission’s DCF methodology used to determine a cost-of-service rate of return. The Commission eventually issued orders addressing issues in the case including the income tax allowance issue, which were challenged in court.

On appeal, in 2016 the United States Court of Appeals for the District of Columbia Circuit issued a decision known as United Airlines, Inc. v. FERC, 827 F.3d 122 (2016). In that case, the D.C. Circuit held that because both the partnership income tax allowance and the DCF ROE may include investors’ tax costs, permitting both may result in a double recovery, and remanded the case back to the Commission for further action.

This week, the Commission took that further action. It issued an order in the SFPP case denying that MLP an income tax allowance. More holistically, the Commission concurrently issued a Revised Policy Statement on Treatment of Income Taxes. In the revised policy statement, the Commission found that "an impermissible double recovery results from granting a Master Limited Partnership (MLP) pipeline both an income tax allowance and a return on equity pursuant to the discounted cash flow methodology."

FERC acts on 2017 tax cuts

Federal utility regulators have taken a portfolio of actions in response to recent changes to U.S. tax law which reduced the tax rates applicable to many electric utilities and pipeline companies. Some rates for use of infrastructure will be reduced automatically, while regulators prompted others to explain why they should not be reduced to reflect the tax law changes. At the same time, regulators have opened an inquiry and proposed a rulemaking to address further aspects of the 2017 federal tax law change.

Late last year, Congress enacted the Tax Cuts and Jobs Act of 2017. That law amended U.S. tax law in a variety of ways. Among other things, the 2017 tax law changes reduced the federal corporate income tax rate from a maximum 35 percent to a flat 21 percent rate, effective January 1, 2018.

Many electric utilities and natural gas and oil pipeline companies stand to benefit from this tax reduction in the form of reduced income tax expense going forward, as well as a reduction in accumulated deferred income taxes on the books of rate-regulated companies. Where tax expense decreases, so does the cost of service.

Rates for use of some federally regulated energy infrastructure are set based on cost of service. On March 15, 2018, the Federal Energy Regulatory Commission took a series of actions to address the effect of the tax law changes on its regulated industries including electric transmission companies, interstate natural gas pipelines, and oil pipelines. According to the Commission, its actions “recognize the specific regulatory and operating parameters that must be addressed differently for each of the industries it regulates.”

Transmission rates for most FERC-regulated utilities automatically adjust with changes in the tax rates based on a formula whose inputs are updated annually or on some other regular cycle. For these utilities, a reduction in corporate income tax means a reduction in rates, although the ratemaking process means there can be a lag in time before rate reductions take effect.

But in some cases, utility tariffs provide for rates are either stated as a fixed number, or the formula includes a fixed tax rate. The Commission identified 48 companies whose transmission tariffs specifically reference tax rates of 35 percent. In a pair of show-cause orders issued under the Federal Power Act -- one for utilities with stated rates, and one for utilities with formula rates referencing 35 percent -- the Commission directed these companies to propose revisions to their transmission rates or show why they should not do so. It also issued two waivers allowing certain utilities mid-year rate adjustments to reflect the new tax law.

Interstate natural gas pipelines typically have stated rates for their services. These rates are approved by the Commission in a rate proceeding under Natural Gas Act sections 4 or 5 and remain in effect until changed in a subsequent section 4 or 5 proceeding. To revise its practices with respect to natural gas pipelines, the Commission issued a Notice of Proposed Rulemaking that would allow it determine which pipelines under the Natural Gas Act may be collecting unjust and unreasonable rates in light of the corporate tax reduction and the Commission’s recently revised policies on income tax allowance. Under the rule proposed by the Commission, interstate pipelines would need to file a one-time report called “FERC Form No. 501-G” describing the rate effect of these changes. In addition to filing the one-time report, each pipeline would have four options: a pro rata rate reduction, a rate settlement or case, an explanation why no rate change is needed, or merely filing the FERC report and letting the Commission decide if further action is required.

While cost-of-service ratemaking typically applies to public utilities and interstate natural gas pipelines, most oil pipelines set their rates using indexing. With respect to oil pipelines regulated by the FERC, the Commission said it will address tax changes in the 2020 five-year review of the oil pipeline index level.

Concurrently, the Commission opened an inquiry into the effect of the Tax Cuts and Jobs Act of 2017 on all jurisdictional rates, including whether the Commission should address certain changes relating to accumulated deferred income taxes and bonus depreciation. In a presentation to the Commission, staff described this Notice of Inquiry as "a vehicle to help the Commission build a record to determine whether additional action is needed."

In a separate policy statement and order issued on March 15, the Commission revised its policies to disallow income tax allowance cost recovery in MLP pipeline rates.

Maine Gov. LePage's 2018 State of the State and energy policy

Maine Governor Paul R. LePage delivered his final State of the State address this evening. Here's a recap of some of his remarks on energy policy in previous speeches of that sort.

• In 2012, Governor LePage described Maine’s high energy costs as "one of the largest inhibitors, if not the biggest obstacle to job creation." He advocated an energy policy encompassing "all forms of energy."
• Energy did not appear in his 2013 speech, according to a transcript provided by the Portland Press Herald.
• In 2014, Governor LePage noted that "heating and electricity costs remain a major obstacle," with homeowners spending nearly double the national average on heating, and high electricity costs posting challenges to attracting business. He described efforts to expand natural gas pipeline capacity from Pennsylvania, and to connect to clean energy resources in Quebec.
• In 2015, Governor LePage used his speech to argue for lower electricity rates and home heating costs, as well as changes to Maine’s renewable energy policies.
• In 2016, Governor LePage released his speech in the form of a letter to the state legislature. As in previous speeches, his 2016 letter mentioned energy issues as a focus for -- or obstacle to -- economic development. Arguing that Maine's electricity prices are not competitive, he criticized legislative mandates supporting "long-term contracts for above-market rates." He also called for expansion of linear infrastructure like natural gas pipelines into New England and electric transmission lines to hydropower resources in Canada.
• Last year, he returned to delivering the speech to the legislature orally. His 2017 address included a section on energy matters, in which he criticized the Public Utilities Commission's decision to amend its rules governing net energy billing. He called upon lawmakers to agree to lower energy costs, to lower carbon dioxide levels in the most cost-effective manner, and to reduce our demand for oil.

Addendum as of 9 PM: WMTW has posted a transcript of Governor LePage's 2018 State of the State speech on its website, as prepared. That draft covers topics including "skyrocketing property taxes," Medicaid expansion, and fiscal responsibility. It calls for increased investment in Maine and workforce development. It proposes bonds focused on commercializing technologies, as well as on research and development, saying, "We must invest in commercialization as we do in research." However the prepared remarks did not mention energy, nor does it directly reference energy policy.

Nevertheless, the Bangor Daily News reports that his remarks as delivered did address energy, calling for lower energy prices.

Sabine Pass LNG tanks leaked, says regulator

U.S. regulators of natural gas infrastructure have issued an order requiring the owner of a liquefied natural gas terminal in Louisiana to remove part of that facility from service, following the discovery of unintended releases of LNG from the facility.

At issue is Sabine Pass Liquefaction, LLC's Sabine Pass Liquefaction Facility. The company is a subsidiary of Cheniere Energy, Inc. The Sabine Pass LNG terminal includes five LNG storage tanks with capacity of approximately 16.9 billion cubic feet equivalent (Bcfe), two marine berths that can accommodate vessels with nominal capacity of up to 266,000 cubic meters and vaporizers with regasification capacity of approximately 4.0 Bcf/d, adjacent to a series of liquefaction trains. The facility has received U.S. Department of Energy authorization for export of LNG by vessel.

According to a Corrective Action Order issued by the Pipeline and Hazardous Materials Safety Administration on February 8, 2018, on January 22, 2018, workers at the Sabine Pass plant discovered a release of LNG from a storage tank at the facility. The order states that LNG escaped from the tank into the annulus -- the space between the tank's inner and outer walls -- which eventually caused cracks in the outer tank wall and the pooling of LNG in a secondary containment area. It also says that the federal investigation into this incident discovered additional LNG releases from multiple cracks in another tank at the site, with evidence of "brittle failures" in the carbon steel outer tank wall.

The order says Sabine took steps upon discovery of the incident including commencing de-inventorying LNG from the tank, reducing system pressures, and deploying an emergency management team. Sabine reported no injuries or fatalities as a result of the incident, and there were no reported fires or explosions. The cause of the incident has not yet been determined.

The PHMSA order requiring corrective action includes a finding "that the continued operation of the Affected Tanks without corrective measures is or would be hazardous to life, property and the environment." It describes unintended releases of LNG as "rare ... low -frequency, high-consequence" events which "can result in a serious hazard to people and property." It notes, "To date, Sabine has been unable to correct the long-standing safety concerns described above involving the Affected Tanks, cannot validate the exact source or amount of the LNG that may have leaked into the annulus of the Affected Tanks, and cannot identify the circumstances that allowed the LNG to escape containment in the first place."

The order requires Sabine to develop a timeline and plan for removing the two "Affected Tanks" and their associated systems from service. A third tank is described in a footnote to the order as having experienced releases of LNG from the inner tank into the annular space, but is not included as one of the "Affected Tanks" covered by the order requiring corrective action. It requires Sabine to develop a work-plan including tank-specific purging plans, a root-cause analysis plan, a detailed repair and modification plan, a continuing operation plan for facilities that remain in service, and a plan to return the affected tanks to service, and prohibits Sabine from returning the affected tanks to service until authorized to do so by the Director of PHMSA.

New England Operational Fuel-Security Analysis released

The risk that power plants will run out of fuel is the foremost challenge to a reliable power grid in New England, according to the region's grid operator, and the region is vulnerable to the season-long outage of any of several major energy facilities.

While the ability to count on a portfolio of power plants to generate power is considered the cornerstone of reliable electricity supply, ISO New England has noted several factors that make fuel security a growing concern for the region. These factors include the inadequacy of the region’s natural gas infrastructure to meet winter needs for both heating and power, and the retirement of many of the region’s coal, oil, and nuclear power plants due to economic and environmental pressures.

On January 17, 2018, ISO New England released its Operational Fuel-Security Analysis, a 56-page report studying the possible fuel security risks facing region's power plants under a wide range of hypothetical future scenarios. Prepared following about two years of study, the report found that maintaining the electric grid's reliability "is likely to become more challenging, especially if current power system trends continue."

The report considered a 23 possible range of possible future power resource combinations that could materialize for the winter period from December 1, 2024 through February 28, 2025, to examine whether enough fuel would be available to meet demand and to quantify the operational risks. Each scenario assumed no new natural gas pipeline capacity would be added to serve generators, but considered variation in five other key factors for power system reliability: resource retirements, LNG availability, oil tank inventories, imported electricity, and renewable resources.

ISO-NE chart of Hours of Emergency Actions under Modeled Scenarios, Ordered Least to Most, Operational Fuel-Security Analysis (2018)

The study identified six major conclusions:

1. Outages: The region is vulnerable to the season-long outage of any of several major energy facilities.

2. Stored fuels: Power system reliability is heavily dependent on LNG and electricity imports; more dual-fuel capability is also a key reliability factor, but permitting for construction and emissions is difficult.

3. Logistics: The timely availability of fuel is critical, highlighting the importance of fuel-delivery logistics.

4. Risk trends: All but four scenarios result in fuel shortages requiring load shedding, indicating the trends affecting New England’s power system may intensify the region’s fuel-security risk.

5. Renewables: More renewable resources can help lessen the region’s fuel-security risk but are likely to drive coal- and oil-fired generation retirements, requiring high LNG imports to counteract the loss of stored fuels.

6. Positive outcomes: Higher levels of LNG, imports, and renewables can minimize system stress and maintain reliability; to attain these higher levels, delivery assurances for LNG and electricity imports, as well as transmission expansion, will be needed.

According to ISO-NE, quantifying the level of risk over a wide range of possible combinations provides information the region can use to consider approaches to ensuring power system reliability. The grid operator has said it plans to engage with stakeholders, regulators, and policymakers through 2018 to discuss the operational fuel-security analysis -- and how much risk the ISO and region would be willing to tolerate.

FERC may change natural gas pipeline policy

U.S. energy regulators have signaled potential changes to a decades-old policy on the certification and pricing of new interstate natural gas pipelines.

The Federal Energy Regulatory Commission is charged by the Natural Gas Act with regulating the transmission and sale of natural gas for resale in interstate commerce, and approving the siting and abandonment of interstate natural gas pipelines and storage facilities.

In 1999, the Commission issued a Statement of Policy "to provide the industry with guidance as to how the Commission will evaluate proposals for certificating new construction." The FERC's 1999 policy statement came about at a time when the Commission faced both pressure "to authorize new pipeline capacity to meet an anticipated increase in the demand for natural gas" and "to act with caution to avoid unnecessary rights-of-way and the potential for overbuilding with the consequent effects on existing pipelines and their captive customers." In adopting the 1999 policy statement, the Commission said its publication was intended "to provide more certainty as to how the Commission will analyze certificate applications to balance these concerns."

But the Commission could soon change its policies.  Last month, on December 21, 2017, Commission Chairman Kevin J. McIntyre issued a statement that the Commission will consider changes to the 1999 policy statement, "as part of a pledge he made during his Senate confirmation to take a fresh look at all aspects of the agency’s work."

According to that statement, while next steps will soon be announced and scheduled, "any review of this type would be thorough, and the Commission would invite the views of all stakeholders to ensure that FERC accurately and efficiently assesses the pipeline applications it receives."

New England's electric grid and winter 2017-18

New England's electricity grid is ready for reliable operations this winter, says the region's grid operator -- but special operating procedures might be required in the case of unexpected outages or fuel delivery constraints.

According to ISO New England Inc., the independent, not-for-profit regional transmission organization responsible for almost all of New England, supplies of electricity should be sufficient to meet regional consumer demand this winter. The grid operator projects a peak demand of 21,197 megawatts under normal winter temperatures (about 7 degrees Fahrenheit), or 21,895 megawatts of peak demand if extreme weather occurs (2 degrees F).

These projections are higher than last winter's actual peak demand (19,647 MW on December 15, 2016, during the hour from 5 to 6 p.m.), but lower than the region's all-time winter peak (22,818 MW, on January 15, 2004) or the record peak (28,180 MW on August 2, 2006). ISO-NE notes that total energy consumption and regional peak demand have remained flat in recent years "as a result of increased use of energy-efficiency measures and behind-the-meter solar photovoltaic (PV) systems."

The grid operator projects that it has commitments from enough power plants and demand-side resources to meet the forecast peak demand under both normal and extreme weather conditions. ISO-NE also points to its fifth seasonal Winter Reliability Program provides incentives for generators to stock up on oil or contract for liquefied natural gas, and also for demand-side resources committing to be available. As noted by the grid operator, the availability of generators with fuel has been a key reliability factor during recent cold winters, thanks in part to the past winter reliability programs. ISO-NE says its new capacity market performance incentive rules which take effect June 1, 2018 should eliminate the need for future special programs.

At the same time, the grid operator warns of its "continuing concern" over the availability of fuel for those power plants to generate electricity when needed. In a press release, ISO-NE noted, "The region’s natural gas delivery infrastructure has expanded only incrementally, while reliance on natural gas as the predominant fuel for both power generation and heating continues to grow." It observed that over 4,000 megawatts of natural-gas-fired generating capacity is at risk of not being able to get fuel when needed, due to natural gas pipeline constraints.

The grid operator also cites changes to the regional portfolio of generating resources, such as the May 2017 retirement of a 1,500 MW coal- and oil-fired power plant. According to ISO-NE, the Brayton Point power plant's closure "removed a facility with stored fuel that helped meet demand when natural gas plants were unavailable." The reliability benefits of stockpiled fuel and baseload power and related proposals are currently under examination by the Federal Energy Regulatory Commission.

The grid operator listed challenges that could affect power system operations such as "if demand is higher than projected, if the region loses a large generator, electricity imports are affected, or when natural gas pipeline constraints limit the fuel available to natural-gas-fired power plants," as well as the special operating procedures it would invoke in those circumstances.

Winter 2017-18 and the New England electric grid

With measures in place to ensure the reliability of New England's electric grid for the coming winter season, grid operator ISO New England, Inc. expects to have adequate electricity supplies this winter -- but according to a recent presentation to federal regulators, the biggest challenges could come in the form of extended cold weather when fuel inventories are already depleted or a day when gas supplies are constrained and suddenly a large non-gas resource is lost.

According to an October 19, 2017 presentation by ISO-NE to the Federal Energy Regulatory Commission, in 2016 nearly half of the electricity produced in New England came from natural gas, and the availability of gas impacts both grid reliability and production costs.  At the same time, the gas pipeline infrastructure serving New England is limited, with pipelines reaching their maximum capacity at times including winter months when demand peaks for gas for heating.

In response to concerns over reliability and past events like the January 2004 "cold snap" and the 2014 "polar vortex", ISO-NE has taken steps including developing operating procedures, a Winter Reliability Program and "Pay for Performance" changes to market rules that incentivize investment in operational improvements and secure fuel arrangements, as well as improving communication and coordination with generators, pipelines, and other stakeholders.

With those measures in place, ISO-NE recently told the Commission it expects to have adequate electricity supplies this winter, but that gas pipeline constraints continue to be a concern.  ISO-NE noted that while Spectra Energy placed its Algonquin Incremental Market project in service providing some relief last winter, that relief "was short-lived due to the retirement in 2017 of more than 1,500 MW of non-gas units (Brayton Point Power Station)."  The grid operator also noted that "LNG shipments are unknown" and that "Non-gas resources will continue to play a vital role in maintaining reliability."

Citing the biggest challenges this winter as extended cold weather when fuel inventories are depleted or a day when gas supplies are constrained and the region is using primarily nuclear, coal, and oil resources and suddenly a large non- gas resource is lost, ISO-NE noted that while the region has adequate generating capacity to serve load under those conditions, "the ability to meet energy needs is at risk if gas cannot be supplied to gas-fired generators."

Carbon capture and sequestration for enhanced oil recovery

A project to capture carbon dioxide emissions from a coal-fired power plant in Texas has captured more than 1 million tons of carbon dioxide for use in enhanced oil recovery, according to the U.S. Department of Energy.

Historically, carbon dioxide resulting from the combustion of coal and other fossil fuels has been emitted directly into the atmosphere, but global concern over climate change has led to efforts to limit carbon emissions to the atmosphere.  While many of these programs focus on reducing reliance on combustible fuels, carbon capture and sequestration technologies offer the potential to remove carbon dioxide from thermal plants' flue gas before it is emitted from their smokestacks.  The U.S. Department of Energy runs programs designed to support the development and commercial deployment of these technologies.

The Petra Nova project uses an amine solvent-based CO2-capture technology to remove carbon dioxide from the flue gas of NRG's coal-fired W.A. Parish power plant.  It is a 50/50 joint venture between NRG and JX Nippon Oil & Gas Exploration.  NRG describes Petra Nova as "the world's largest post-combustion carbon capture facility installed on an existing coal-fueled power plant."  The Department of Energy selected Petra Nova to receive $190 million as part of the Clean Coal Power Initiative Program.

The project uses a carbon capture process which was jointly developed by Mitsubishi Heavy Industries, Ltd. and the Kansai Electric Power Co.  It was designed to capture about 90 percent of the CO2 from a 240 MW slipstream of flue gas, compressing and transporting approximately 1.4 million metric tons of CO2 per year through an 80 mile pipeline to Hilcorp's operating West Ranch oil field where it is utilized for enhanced oil recovery (EOR) -- injecting the CO2 underground to help additional oil flow to a production wellbore.  According to the Department of Energy, the use of this CO2 for enhanced oil recovery has boosted the West Ranch Oil Field's oil production from 300 barrels per day to about 4,000 barrels per day.

Petra Nova began commercial operations on January 10, 2017. According to an October 23 press release, Petra Nova has now captured more than 1 million tons of CO2 for use in enhanced oil recovery. Secretary of Energy Rick Perry has said that Petra Nova's success "could become the model for future coal-fired power generation facilities," which could support CO2 pipeline infrastructure development and drive domestic enhanced oil recovery opportunities.

Energy East pipeline case suspended

The developed of a proposed C$15.75 billion Canadian oil pipeline has asked Canadian regulators to temporarily suspend their review of the project, following the regulator's decision to consider the project's indirect greenhouse gas emissions and other factors as part of its environmental review.

At issue are the proposed Energy East Pipeline and the related Eastern Maineline Project, proposed by affiliates of TransCanada Corp. to transport "about 1.1 million barrels of oil per day from Alberta and Saskatchewan to the refineries of Eastern Canada and a marine terminal in New Brunswick" and to ensure natural gas supply to utilities in Ontario and Quebec.  In 2014, the developed applied to Canada's National Energy Board for approvals required for the 4,500-kilometer project's development.

That case remains pending, but a recent decision about the scope of environmental review has prompted the developer to ask for a temporary pause of the case. On August 23, 2017, the National Energy Board released its final decision establishing a List of Issues and Environmental Assessment Factors to be considered in its review of the projects.  The factors set for consideration include greenhouse gas emissions.  While the Board's environmental factors typically include only direct greenhouse gas emissions -- those emitted by the project itself -- including indirect emissions -- in this case the Board decided to include indirect greenhouse gas emissions as well:

Given increasing public interest in GHG emissions, together with increasing governmental actions and commitments (including the federal government’s stated interest in assessing upstream GHG emissions associated with major pipelines), the Board is of the view that it should also consider indirect GHG emissions in its NEB Act public interest determination for each of the Projects.

On September 7, the applicants filed a letter requesting a 30-day suspension of the Board's review process to give applicants time to "review the Decision, the resulting implications to the Projects, and the respective Project applications."  The next day, the Board issued a ruling that it "will not issue further decisions or take further process steps relating to the review of the Projects until 8 October 2017."

The case remains suspended until that time. 

ISO-NE winter electricity supply 2016-2017

New England should have sufficient electricity supplies to meet consumer demand this winter, according to regional power grid operator ISO New England, Inc.  But because natural gas pipeline constraints could limit electricity production, the grid operator has implemented a Winter Reliability Program to help ensure supply meets demand.

ISO-NE is the regional transmission organization responsible for most of New England's electric grid.  In that role, it forecasts electricity demand, and operates markets to match up generation with demand.

On December 5, 2016, ISO-NE released a statement addressing winter 2016-2017 with respect to electricity reliability.  The grid operator projects that at normal winter temperatures of about 7 degrees Fahrenheit, peak demand will reach 21,340 MW, or 22,028 MW if extreme winter weather of 2 degrees F occurs.  This would be above the 2015-2016 winter peak demand of 19,545 MW (February 14, 2016, from the hour from 6 to 7 p.m.), and below the all-time regional winter peak of 22,818 MW (a cold snap on January 15, 2004).

According to the grid operator, electricity supplies should be sufficient to meet consumer demand this winter -- but natural gas pipeline constraints and other factors create risks that could affect reliability.  Natural gas generated 49% of the region's electricity in 2015, and natural gas-fired power plants represent about 44% (or 14,850 megawatts) of the region's total generating capacity. But ISO-NE views about 3,450 MW of natural gas-fired generating capacity as "at risk" this winter due to the insufficiency of the region's natural gas infrastructure.  Despite some new pipeline projects and the present availability of liquified natural gas (LNG), the region faces the loss of 1,500 MW of coal- and oil-fired generation this spring with the closure of the Brayton Point Power Station in Massachusetts.

ISO-NE touts its 2016-2017 Winter Reliability Program as designed to address these "multiple risks" of pipeline constraints and non-gas unit retirement. As previously approved by the Federal Energy Regulatory Commission, the program will run from December 1, 2016 to February 28, 2017, and includes an oil inventory component, an LNG component, and a demand response component.

In light of this planning, and barring "unexpected resource outages or fuel delivery constraints," ISO-NE projects New England's electricity supplies should be sufficient this winter to meet consumer demand.

Alta, snowmaking pipes and conduit hydro power

Federal energy regulators have issued Alta Ski Area a written determination that its proposed micro-hydropower project will not be required to be licensed under the Federal Power Act.  If developed, Alta's project would be one of the first to generate electricity from a snowmaking water supply pipeline.

Most grid-connected hydropower projects in the U.S. fall under the Federal Power Act, and generally require a license or exemption from the Federal Energy Regulatory Commission.  The process of securing an original license or exemption for a new project can take years and have high costs.  But under a 2013 law, some so-called "conduit" hydro projects -- using pipelines and other existing manmade water conveyances -- can be developed and operated without a license or exemption.  The Hydropower Regulatory Efficiency Act of 2013 defined criteria for the Commission to declare a project to be a "qualifying conduit hydropower facility," and provided that such facilities are not required to be licensed or exempted from licensing under the Federal Power Act.  Key factors include the use of a non-federally owned, manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.  If the Commission determines that a project qualifies, it can be built and maintained without a FERC license or exemption.

Under the Commission's process for evaluating conduit hydro projects, the developer must file a notice of intent to construct a qualifying conduit hydropower facility.  If the developer's filing demonstrates that the project meets the statutory criteria, the Commission will issue a notice of its preliminary decision that the project qualifies.  Following a 45-day period within which others may contest the determination, assuming no adverse facts are uncovered, the Commission issues a letter constituting its written determination that the proposed project meets the qualifying conduit hydropower facility criteria.

Alta's course before the Federal Energy Regulatory Commission followed this trail.  In May 2016, Alta filed its notice of intent to construct the Alta Micro-Hydro Project.  That notice and a supplemental filing described a project to tap the existing underground 6-inch-diameter snowmaking water supply pipeline delivering water from Cecret Lake to the Wildcat Pump House.  Parallel to that pipeline, Alta would add a new powerhouse with a 75-kilowatt turbine/generating unit.  Later that month, Commission staff issued a public notice that preliminarily determined that the project met the statutory criteria.  After the 45-day contest period, during which no interventions or comments were filed, in July the Commission issued Alta a written determination that the Alta Micro-Hydro Project meets the qualifying criteria under section 30(a) of the Federal Power Act, and is not required to be licensed under Part I of that law.

The Commission's letter reminds Alta that qualifying conduit hydropower facilities remain subject to other applicable federal, state, and local laws and regulations.  But the ability to develop a conduit hydropower project without requiring a license from the FERC will ease the project's regulatory path.  So far, most projects that have qualified for the conduit hydropower program have been proposed by water districts.  But as ski areas seek to align their operations with sustainability goals, adding low-impact renewable electricity generation may make sense for some.  If Alta's micro-hydro project is successful, other ski areas with existing snowmaking or other water infrastructure over a sufficient vertical drop may follow suit by developing their own conduit hydropower projects.

Canada NEB starts Energy East pipeline review

Canada's National Energy Board has ruled that the applications are complete for the Energy East Pipeline Project and a related gas project.  This determination starts the NEB's review process, under which the Board must issue its recommendations to the Minister of Natural Resources within 21 months.

The National Energy Board is an independent federal regulator of several parts of Canada's energy industry, including the regulation of pipelines, energy development and trade in the Canadian public interest.

As envisioned by proponents TransCanada and Energy East Pipeline Ltd., Energy East would be a 4,500-kilometer pipeline that will transport approximately 1.1 million barrels of crude oil per day from Alberta and Saskatchewan to the refineries of Eastern Canada and a marine terminal in New Brunswick.  Some existing natural gas pipeline would be converted to oil transportation pipeline, while other facilities would be newly built.  The project is motivated in part by a relative surplus of Western Canadian crude production, with relatively few ways to ship that crude to refineries or ports.

The related Eastern Mainline Project entails about 279 kilometers of new gas pipeline and related components, designed to let TransCanada continue to supply gas after the proposed transfer of certain Canadian Mainline facilities to Energy East Pipeline Ltd. for conversion to crude oil service.

On June 16, 2016, the National Energy Board announced its determination that due to the interconnections between the applications, the Energy East and Eastern Mainline projects are more effectively assessed within a single hearing process, with one record, reviewed by one Panel of Board Members.   It also deemed the applications complete to proceed to assessment and a public hearing, starting the 21-month review process.

The Panel must submit a report to the Minister of Natural Resources recommending whether or not the projects should proceed, or on what conditions. This report is due no later than March 16, 2018.  According to the NEB, the process will include hearings, panel sessions, and assessments of the upstream greenhouse gas emissions associated with the project.

FERC proposes FAST Act CEII rules

The Federal Energy Regulatory Commission has proposed amending its regulations designed to protect critical information about utility infrastructure.  If adopted, the new regulations would govern the treatment of Critical Energy/Electric Infrastructure Information (CEII) whose disclosure and misuse could put the electric grid at risk.

In the wake of the September 11, 2011 terrorist attacks, the Commission took steps to identify and protect sensitive information it considered "Critical Energy Infrastructure Information," or CEII.  In general, FERC defined CEII as specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure (physical or virtual) that:

1. Relates details about the production, generation, transmission, or distribution of energy;
2. Could be useful to a person planning an attack on critical infrastructure;
3. Is exempt from mandatory disclosure under the Freedom of Information Act; and
4. Gives strategic information beyond the location of the critical infrastructure.

Some previously public material was designated as CEII, and going forward newly filed or issued documents had to be screened for CEII.  FERC also created a process to allow individuals with a valid or legitimate need to access CEII, while protecting it from other disclosure.

But last year, Congress weighed in on the protection of certain sensitive information about infrastructure.  The Fixing America's Surface Transportation (FAST) Act, signed into law on December 4, 2015, included provisions designed to improve the security and resilience of energy infrastructure in the face of emergencies.  In particular, the FAST Act added section 215A to the Federal Power Act, directing the Commission to issue regulations covering the security and sharing of "Critical Electric Infrastructure Information."

Federal Power Act section 215A(a)(3) defines the new term Critical Electric Infrastructure Information as:

information related to critical electric infrastructure, or proposed critical electrical infrastructure, generated by or provided to the Commission or other Federal agency, other than classified national security information... Such term includes information that qualifies as critical energy infrastructure information under the Commission’s regulations.

As interpreted by the Commission, this encompasses "not only information regarding the Bulk-Power System but also information regarding other energy infrastructure (i.e., gas pipelines, LNG, oil, and hydroelectric infrastructure) to the extent such information qualifies as Critical Energy Infrastructure Information under the Commission’s current regulations. "

On June 16, 2016, the Commission issued a Notice of Proposed Rulemaking, proposing to amend its regulations to implement the provisions of the FAST Act pertaining to the designation, protection and sharing of critical electric infrastructure information, and also proposing to amend its existing regulations pertaining to CEII. The proposed changes include criteria and procedures for designating information as CEII, a specific prohibition on unauthorized disclosure of that information, and sanctions for knowing and willful wrongful disclosure of CEII by federal personnel.

Comments on the Notice of Proposed Rulemaking are due 45 days after its publication in the Federal Register.

Alta Ski Area conduit micro-hydro project

Alta Ski Area has proposed developing a micro-hydropower project along an existing pipeline, and hopes to benefit from a streamlined regulatory process.  Federal regulators have made a preliminary determination that the proposed Alta Micro-Hydro Project, in Alta, Utah, satisfies the requirements to be treated as a "qualifying conduit hydropower facility," which would not require licensing under the Federal Power Act.

Alta's proposed project would include a new powerhouse to be built along the existing underground 6-inch-diameter snowmaking water supply pipeline delivering water from Cecret Lake to the Wildcat Pump House, a new turbine/generating unit with an installed capacity of 75 kilowatts, intake and discharge pipes, and appurtenant facilities.  The unit is estimated to generate between 115 and 225 megawatt-hours annually.  There is no dam associated with the project.  Alta presented its micro-hydro project as part of a 2012 request to update its master plan, which the U.S. Forest Service accepted.

Ski areas with snowmaking capacity typically have existing pipelines and water infrastructure, coupled with significant vertical relief.  This can create opportunities to generate electricity using energy harvested from water flowing downhill through a pipeline, particularly if reducing system pressure (like a pressure relief valve) is otherwise needed. 

A 2013 law was designed to help small conduit-based hydropower projects by eliminating their need for a license or exemption from licensing issued by the Federal Energy Regulatory Commission.  Section 4 of the Hydropower Regulatory Efficiency Act of 2013 amended Section 30 of the Federal Power Act.  Section 30 now provides that a "qualifying conduit hydropower facility" -- one that is determined or deemed to meet defined criteria -- is not required to be licensed or exempted from licensing under the Federal Power Act.  These criteria include:

• The conduit the facility uses a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
• The facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit.
• The facility has an installed capacity that does not exceed 5 megawatts. 
• On or before August 9, 2013, the facility is not licensed, or exempted from the licensing requirements of Part I of the FPA.

The Federal Energy Regulatory Commission administers this statute.  To start the regulatory process, on May 16, 2016, Alta filed a notice of intent to construct a qualifying conduit hydropower facility.  Alta supplemented its notice on May 20 to clarify that the project "will only operate when there is excess capacity available in the pipeline and when water is hydrologically available", generally after the winter snowmaking season, during spring runoff.  Alta also restated that the pipeline's main purpose will continue to be snowmaking.

Yesterday the FERC issued its notice of preliminary determination of a qualifying conduit hydropower facility for Alta's project.  That notice examines the project relative to each of the four statutory criteria, and then provides the Commission's preliminary determination:

The proposed addition of the hydroelectric project along the existing water supply pipeline will not alter its primary consumptive purpose. Therefore, based upon the above criteria, Commission staff preliminarily determines that the proposal satisfies the requirements for a qualifying conduit hydropower facility, which is not required to be licensed or exempted from licensing.

The notice also sets a 30-day deadline for filing motions to intervene, and a 45-day deadline for filing comments contesting whether the facility meets the qualifying criteria and providing an evidentiary basis.

Other recently proposed conduit hydro projects have been determined to be qualifying conduit hydropower facilities, including a Colorado project using an existing "ditch drop," a Castle Valley, Utah water treatment project, a California wholesale water agency conduit project, and a New Hampshire water works.