59894 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices 

1Revised Pub. Util. Filing Requirements, Order 

No. 2001, 99 FERC ¶ 61,107, reh’g denied, Order 

No. 2001–A, 100 FERC ¶ 61,074, reh’g denied, 

Order No. 2001–B, 100 FERC ¶ 61,342, order 

directing filing, Order No. 2001–C, 101 FERC 

¶ 61,314 (2002), order directing filing, Order No. 

2001–D, 102 FERC ¶ 61,334, order refining filing 

requirements, Order No. 2001–E, 105 FERC ¶ 61,352 

(2003), order on clarification, Order No. 2001–F, 

106 FERC ¶ 61,060 (2004), order revising filing 

requirements, Order No. 2001–G, 120 FERC 

¶ 61,270, order on reh’g and clarification, Order No. 

2001–H, 121 FERC ¶ 61,289 (2007), order revising 

filing requirements, Order No. 2001–I, 125 FERC 

¶ 61,003 ¶ 31,282 (2008). See also Filing 

Requirements for Elec. Util. Serv. Agreements, 155 

FERC ¶ 61,280, order on reh’g and clarification, 157 

FERC ¶ 61,180 (2016) (clarifying Electric Quarterly 

Reports reporting requirements and updating Data 

Dictionary). 

2See Refinements to Policies & Procedures for 

Mkt.-Based Rates for Wholesale Sales of Elec. 

Energy, Capacity & Ancillary Servs. by Pub. Utils., 

Order No. 816, 153 FERC ¶ 61,065 (2015), order on 

reh’g, Order No. 816–A, 155 FERC ¶ 61,188 (2016); 

Mkt.-Based Rates for Wholesale Sales of Elec. 

Energy, Capacity & Ancillary Servs. by Pub. Utils., 

Order No. 697, 119 FERC ¶ 61,295, clarified, 121 

FERC ¶ 61,260 (2007), order on reh’g, Order No. 

697–A, 123 FERC ¶ 61,055, clarified, 124 FERC 

¶ 61,055, order on reh’g, Order No. 697–B, 125 

FERC ¶ 61,326 (2008), order on reh’g, Order No. 

697–C, 127 FERC ¶ 61,284 (2009), order on reh’g, 

Order No. 697–D, 130 FERC ¶ 61,206 (2010), aff’d 

sub nom. Mont. Consumer Counsel v. FERC, 659 

F.3d 910 (9th Cir. 2011). 

3Order No. 2001, 99 FERC ¶ 61,107 at P 222. 

4 Id. P 223. 

5See, e.g., Electric Quarterly Reps., 82 FR 60,976 

(Dec. 26, 2017); Electric Quarterly Reps., 80 FR 

58,243 (Sep. 28, 2015); Electric Quarterly Reps., 79 

FR 65,651 (Nov. 5, 2014). 

6Electricity Mkt. Transparency Provisions of 

Section 220 of the Federal Power Act, Order No. 

768, 140 FERC ¶ 61,232 (2012), order on reh’g, 

Order No. 768–A, 143 FERC ¶ 61,054 (2013), order 

on reh’g, Order No. 768–B, 150 FERC ¶ 61,075 

(2015). 

7Revisions to Elec. Quarterly Rep. Filing Process, 

Order No. 770, 141 FERC ¶ 61,120 (2012). 

to the following requirements: (1) all 

persons must wear sturdy, closed-toe 

shoes or boots; (2) persons with opentoed shoes/sandals/flip flops/high heels, 

etc. will not be allowed on the 

environmental site review; (3) persons 

must be 18 years or older, or be 

accompanied by an adult; (4) no 

photography will be allowed inside the 

powerhouse; (5) no weapons are 

allowed on-site; (6) no alcohol/drugs are 

allowed on-site (or persons exhibiting 

the effects thereof); and (7) no animals 

(except for service animals) are allowed 

on the environmental site review. 

Objectives 

At the scoping meetings, Commission 

staff will: (1) summarize the 

environmental issues tentatively 

identified for analysis in the NEPA 

document; (2) solicit from the meeting 

participants all available information, 

especially quantifiable data, on the 

resources at issue; (3) encourage 

statements from experts and the public 

on issues that should be analyzed in the 

NEPA document, including viewpoints 

in opposition to, or in support of, the 

staff’s preliminary views; (4) determine 

the resource issues to be addressed in 

the NEPA document; and (5) identify 

those issues that require a detailed 

analysis, as well as those issues that do 

not require a detailed analysis. 

Procedures 

The meetings will be recorded by a 

court reporter and become part of the 

Commission’s formal record on the 

project. Agencies, Native American 

Tribes, NGOs, and individuals with 

environmental expertise and concerns 

are encouraged to attend the meetings 

and to assist the staff in defining and 

clarifying the issues to be addressed in 

the NEPA document. 

Dated: August 24, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–18751 Filed 8–29–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. ER02–2001–020, ER20–2726– 

001, ER20–2694–000] 

Before Commissioners: Willie L. 

Phillips, Acting Chairman, James P. 

Danly, Allison Clements, and Mark C. 

Christie; Electric Quarterly Reports; 

Grand Energy, LLC, Icon Energy LLC; 

Order on Intent To Revoke MarketBased Rate Authority 

1. Section 205 of the Federal Power 

Act (FPA), 16 U.S.C. 824d, and 18 CFR 

part 35 (2022), require, among other 

things, that all rates, terms, and 

conditions for jurisdictional services be 

filed with the Commission. In Order No. 

2001, the Commission revised its public 

utility filing requirements and 

established a requirement for public 

utilities, including power marketers, to 

file Electric Quarterly Reports.1

2. The Commission requires sellers 

with market-based rate authorization to 

file Electric Quarterly Reports 

summarizing contractual and 

transaction information related to their 

market-based power sales as a condition 

for retaining that authorization.2

Commission staff’s review of the 

Electric Quarterly Reports indicates that 

the following two public utilities with 

market-based rate authorization have 

failed to file their Electric Quarterly 

Reports: Grand Energy, LLC and Icon 

Energy LLC. This order notifies these 

public utilities that their market-based 

rate authorizations will be revoked 

unless they comply with the 

Commission’s requirements within 15 

days of the date of issuance of this 

order. 

3. In Order No. 2001, the Commission 

stated that, 

[i]f a public utility fails to file a[n] Electric 

Quarterly Report (without an appropriate 

request for extension), or fails to report an 

agreement in a report, that public utility may 

forfeit its market-based rate authority and 

may be required to file a new application for 

market-based rate authority if it wishes to 

resume making sales at market-based rates.3

4. The Commission further stated that, 

[o]nce this rule becomes effective, the 

requirement to comply with this rule will 

supersede the conditions in public utilities’ 

market-based rate authorizations, and failure 

to comply with the requirements of this rule 

will subject public utilities to the same 

consequences they would face for not 

satisfying the conditions in their rate 

authorizations, including possible revocation 

of their authority to make wholesale power 

sales at market-based rates.4

5. Pursuant to these requirements, the 

Commission has revoked the marketbased rate tariffs of market-based rate 

sellers that failed to submit their 

Electric Quarterly Reports.5

6. Sellers must file Electric Quarterly 

Reports consistent with the procedures 

set forth in Order Nos. 2001, 768,6 and 

770.7 The exact filing dates for Electric 

Quarterly Reports are prescribed in 18 

CFR 35.10b. As noted above, 

Commission staff’s review of the 

Electric Quarterly Reports for the period 

up to the first quarter of 2023 identified 

two public utilities with market-based 

rate authorization that failed to file 

Electric Quarterly Reports. Commission 

staff contacted or attempted to contact 

these entities to remind them of their 

regulatory obligations. Despite these 

reminders, the public utilities listed in 

the caption of this order have not met 

these obligations. Accordingly, this 

order notifies these public utilities that 

their market-based rate authorizations 

will be revoked unless they comply 

with the Commission’s requirements 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices 59895 

1 The CEII request form and five versions of the 

non-disclosure agreement (General Non-Disclosure 

Agreement, Media Non-Disclosure Agreement, 

Federal Agency Acknowledgement and Agreement, 

State Agency Employee Non-Disclosure Agreement, 

and Consultant Non-Disclosure Agreement) are 

posted at https://www.ferc.gov/legal/ceii-foia/ 

ceii.asp. 

2 16 U.S.C. 824o–1(d). 

3 5 U.S.C. 552 (2018). 

4 The relevant FOIA exemptions are Exemption 

3, which allows the withholding of information 

prohibited from disclosure by another statute and 

Exemption 7, which protects from disclosure 

certain law enforcement information, including 

information the disclosure of which might 

jeopardize a person’s life or safety. 

within 15 days of the issuance of this 

order. 

7. In the event that any of the abovecaptioned market-based rate sellers have 

already filed its Electric Quarterly 

Reports in compliance with the 

Commission’s requirements, its 

inclusion herein is inadvertent. Such 

market-based rate seller is directed, 

within 15 days of the date of issuance 

of this order, to make a filing with the 

Commission identifying itself and 

providing details about its prior filings 

that establish that it complied with the 

Commission’s Electric Quarterly Report 

filing requirements. 

8. If any of the above-captioned 

market-based rate sellers do not wish to 

continue having market-based rate 

authority, that seller may file a notice of 

cancellation with the Commission 

pursuant to section 205 of the FPA to 

cancel its market-based rate tariff. 

The Commission orders: 

(A) Within 15 days of the date of 

issuance of this order, each public 

utility listed in the caption of this order 

shall file with the Commission all 

delinquent Electric Quarterly Reports. If 

a public utility subject to this order fails 

to make the filings required in this 

order, the Commission will revoke that 

public utility’s market-based rate 

authorization and will terminate its 

electric market-based rate tariff. The 

Secretary is hereby directed, upon 

expiration of the filing deadline in this 

order, to promptly issue a notice, 

effective on the date of issuance, listing 

the public utilities whose tariffs have 

been revoked for failure to comply with 

the requirements of this order and the 

Commission’s Electric Quarterly Report 

filing requirements. 

(B) The Secretary is hereby directed to 

publish this order in the Federal 

Register. 

By the Commission. 

Issued: August 24, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–18742 Filed 8–29–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. IC23–10–000] 

Commission Information Collection 

Activities (Ferc-603); Comment 

Request; Extension 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of information collection 

and request for comments. 

SUMMARY: In compliance with the 

requirements of the Paperwork 

Reduction Act of 1995, the Federal 

Energy Regulatory Commission 

(Commission or FERC) is soliciting 

public comment on the currently 

approved information collection, FERC– 

603 (Critical Energy/Electric 

Infrastructure Information Data 

Request), which will be submitted to the 

Office of Management and Budget 

(OMB) for a review of the information 

collection requirements. 

DATES: Comments on the collection of 

information are due September 29, 

2023. 

ADDRESSES: Send written comments on 

FERC–603 to OMB through 

www.reginfo.gov/public/do/PRAMain, 

Attention: Federal Energy Regulatory 

Commission Desk Officer. Please 

identify the OMB control number 

(1902–0197) in the subject line. Your 

comments should be sent within 30 

days of publication of this notice in the 

Federal Register. 

Please submit copies of your 

comments (identified by Docket No. 

IC23–10–000) to the Commission as 

noted below. Electronic filing through 

https://www.ferc.gov is preferred. 

• Electronic Filing: Documents must 

be filed in acceptable native 

applications and print-to-PDF, but not 

in scanned or picture format. 

• For those unable to file 

electronically, comments may be filed 

by USPS mail or by hand (including 

courier) delivery. 

Æ Mail via U.S. Postal Service Only: 

Addressed to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street NE, 

Washington, DC 20426. 

Æ Hand (including courier) delivery: 

Deliver to: Federal Energy Regulatory 

Commission, 12225 Wilkins Avenue, 

Rockville, MD 20852. 

Instructions 

OMB submissions must be formatted 

and filed in accordance with submission 

guidelines at www.reginfo.gov/public/ 

do/PRAMain. Using the search function 

under the ‘‘Currently Under Review 

field,’’ select Federal Energy Regulatory 

Commission; click ‘‘submit’’ and select 

‘‘comment’’ to the right of the subject 

collection. 

FERC submissions must be formatted 

and filed in accordance with submission 

guidelines at: https://www.ferc.gov. For 

user assistance, contact FERC Online 

Support by email at ferconlinesupport@

ferc.gov, or by phone at: (866) 208–3676 

(toll-free). 

Docket: Users interested in receiving 

automatic notification of activity in this 

docket or in viewing/downloading 

comments and issuances in this docket 

may do so at https://www.ferc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Brown may be reached by email 

at DataClearance@FERC.gov and 

telephone at (202) 502–8663. 

SUPPLEMENTARY INFORMATION: 

Title: FERC–603, Critical Energy/ 

Electric Infrastructure Information Data 

Request. 

OMB Control No.: 1902–0197. 

Type of Request: Three-year extension 

of the FERC–603 information collection 

requirements with no changes to the 

current reporting and recordkeeping 

requirements.1

Abstract: In accordance with section 

215A(d) of the Federal Power Act 2 and 

18 CFR 388.113, this collection of 

information provides that persons may 

seek Critical Energy/Electric 

Infrastructure Information (CEII). To 

receive CEII, they must show they have 

a legitimate need for such information, 

and they must submit a non-disclosure 

agreement that decreases the likelihood 

that such information could be used to 

plan or execute terrorist attacks. 

This collection of information 

provides an alternative to seeking CEII 

in accordance with the Freedom of 

Information Act (FOIA).3 That statute 

requires federal agencies to disclose the 

requested information unless one or 

more of several FOIA exemptions 

justifies withholding of the requested 

information. In the case of CEII, two 

FOIA exemptions are likely to apply to 

CEII,4 and applying one of them 

frequently results in a decision to 

withhold the information from the FOIA 

requester. The Commission realizes that 

this process could prevent persons with 

a legitimate need for CEII from obtaining 

such information. For example, market 

participants seeking to develop new or 

expanded energy resources may have 

such a need. 

In the aftermath of the September 11, 

2001 terrorist attacks, the Commission 


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