67740 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices 

for distributing, monitoring and 

providing technical assistance to states 

and grantees on the use of federal funds. 

EAC/OGM also reports on how the 

funds are spent to Congress, negotiates 

indirect cost rates with grantees, and 

resolves audit findings on the use of 

HAVA funds. 

The EAC Progress Report has been 

developed for both interim and final 

progress reports for grants issued under 

HAVA authority. This revised format 

builds upon that report for the various 

grant awards given by EAC and provides 

terminology clarification. The Progress 

Report will directly benefit award 

recipients by making it easier for them 

to administer federal grant and 

cooperative agreement programs 

through standardization of the types of 

information required in progress 

reports—thereby reducing their 

administrative effort and costs. 

Public Comments 

We are soliciting public comments to 

permit the EAC to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Office of 

Grants Management. 

• Evaluate the accuracy of our 

estimate of burden for this proposed 

collection, including the validity of the 

methodology and assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of information 

technology. 

Please note that comments submitted 

in response to this Notice are public 

record. Before including any detailed 

personal information, you should be 

aware that your comments as submitted, 

including your personal information, 

will be available for public review. 

OMB approval is requested for 3 

years. 

Respondents: All EAC grantees and 

states. 

Annual Reporting Burden 

ANNUAL BURDEN ESTIMATES

EAC Grant Instrument Total number 

of respondents 

Total number 

of responses 

per year 

Average 

burden hours 

per response 

Annual burden 

hours 

251 .................................................... EAC–PR ........................................... 29 2 1 58 

101 .................................................... EAC–PR ........................................... 12 2 1 24 

Election Security ............................... EAC–PR ........................................... 56 2 1 112 

Total ........................................... ........................................................... ........................ ........................ ........................ 194 

The estimated cost of the annualized 

cost of this burden is: $4,677.34, which 

is calculated by taking the annualized 

burden (194 hours) and multiplying by 

an hourly rate of $24.11 (GS–8/Step 5 

hourly basic rate). 

Camden Kelliher, 

Deputy General Counsel, U.S. Election 

Assistance Commission. 

[FR Doc. 2023–21683 Filed 9–29–23; 8:45 am] 

BILLING CODE 4810–71–P 

DEPARTMENT OF ENERGY 

[DOE Docket No. 202–23–1] 

Emergency Order Issued to the 

Electric Reliability Council of Texas, 

Inc. (ERCOT), to Operate Power 

Generating Facilities Under Limited 

Circumstances in Texas as a Result of 

Extreme Weather 

AGENCY: Office of Cybersecurity, Energy 

Security, and Emergency Response, 

Department of Energy. 

ACTION: Notice of emergency action. 

SUMMARY: The U.S. Department of 

Energy (DOE or the Department) is 

issuing this Notice to document 

emergency actions that it has taken 

pursuant to the Federal Power Act. DOE 

issued an emergency order to the 

Electric Reliability Council of Texas, 

Inc. (ERCOT) to operate certain power 

generating facilities under limited 

circumstances as described further in 

this section. ERCOT is the independent 

system operator for over 26 million 

people in Texas (ERCOT Region). The 

State of Texas experienced a sustained 

heat wave that resulted in abnormally 

high electric demand. Because the 

additional generation required to serve 

the ERCOT Region was anticipated to 

result in a conflict with environmental 

standards and requirements, DOE 

authorized only the necessary 

additional generation for ERCOT to 

sufficiently supply the amount of energy 

needed to prevent electrical disruption. 

However, because no facilities operated 

above permitted levels during the 

emergency as authorized by the DOE 

order, no environmental impacts 

resulted from DOE issuing the order. 

Consequently, DOE has decided not to 

prepare a special environmental 

analysis. 

ADDRESSES: Requests for more 

information should be addressed by 

electronic mail to AskCR@hq.doe.gov. 

FOR FURTHER INFORMATION CONTACT: For 

further information on this Notice, or for 

information on the emergency activities 

described herein, contact Kenneth 

Buell, (202) 586–3362, Kenneth.Buell@

hq.doe.gov, to AskCR@hq.doe.gov, or by 

mail to the attention of Kenneth Buell, 

CR–30, 1000 Independence Ave. SW, 

Washington, DC 20585. 

The Order and all related information 

are available here: https://

www.energy.gov/ceser/federal-poweract-section-202c-ercot-september-2023. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 202(c) of the Federal Power Act 

The Department is issuing this Notice 

pursuant to 10 CFR 1021.343(a) to 

document emergency actions taken in 

accordance with section 202(c) of the 

Federal Power Act (FPA) (16 U.S.C. 

824a(c)). FPA section 202(c) provides 

that ‘‘[d]uring the continuance of any 

war in which the United States is 

engaged, or whenever the [Secretary of 

Energy] determines that an emergency 

exists by reason of a sudden increase in 

the demand for electric energy, or a 

shortage of electric energy or of facilities 

for the generation or transmission of 

electric energy, or of fuel or water for 

generating facilities, or other causes, the 

[Secretary of Energy] shall have 

authority, either upon [her] own motion 

or upon complaint, with or without 

notice, hearing or report, to require by 

order such temporary connections of 

facilities and generation, delivery, 

interchange, or transmission of electric 

energy as in [her] judgment will best 

meet the emergency and serve the 

public interest.’’ 


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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices 67741 

1. Request for Emergency Order From 

ERCOT 

On September 7, 2023, ERCOT filed a 

Request for Emergency Order Under 

Section 202(c) of the Federal Power Act 

(Application) to allow ERCOT to operate 

certain electric generating units up to 

their maximum generation output levels 

to preserve the reliability of the bulk 

power system. 

In its Application, ERCOT noted that 

the region was experiencing extreme 

heat conditions resulting in especially 

high electric demand. On September 6, 

2023, ERCOT reported that it 

established a September load record, 

and, on the same day, it declared an 

Energy Emergency Alert (EEA) Level 2 

due to low reserve margins coupled 

with a post-contingency transmission 

overload. ERCOT observed high loading 

on a certain transmission element in 

similar circumstances in the weeks 

preceding September 7, 2023, and 

assessed that a post-contingency 

overload could occur again during the 

later afternoon and evening hours of 

September 7, 2023, and September 8, 

2023. Such an overload would have 

required ERCOT to reduce output of 

resources impacting the loading on that 

element, exacerbating ERCOT’s scarcity 

concern. The extreme heat and high 

electric demand were expected to 

continue through September 8, 2023. 

ERCOT requested the authority to 

authorize the provision of additional 

energy from the units identified in 

Exhibit A of its Application, as well as 

any other generating units subject to 

emissions or other permit limitations, 

subject to the Order (‘‘Specified 

Resources’’). ERCOT stated that the 

emergency order it was requesting could 

result in exceedances of environmental 

limits. Given the permit limits of the 

Specified Resources, ERCOT anticipated 

that the additional capacity may not be 

made available absent an order under 

FPA section 202(c). 

2. ERCOT Order 

On September 7, 2023, the Secretary 

of Energy issued Order No. 202–23–1 

(the ERCOT Order). As set forth in the 

ERCOT Order, the Secretary for Energy 

found that given the emergency nature 

of the expected load stress, the 

responsibility of ERCOT to ensure 

maximum reliability on its system, and 

the ability of ERCOT to identify and 

dispatch generation necessary to meet 

the additional load, the issuance of the 

Order would meet the emergency and 

serve the public interest. 

The Order authorized ERCOT to 

dispatch the Specified Resources for the 

period beginning with the issuance of 

the Order on September 7, 2023, for the 

hours of 5 p.m. through 9 p.m. CDT and 

5 p.m. and 9 p.m. CDT on Friday, 

September 8, 2023, under the conditions 

set forth in the Order, including the 

following: 

(i) For any Generation Resource or 

Settlement Only Generator whose 

operator notifies ERCOT that the unit is 

unable, or expected to be unable, to 

produce at its maximum output due to 

an emissions or other limit in any 

Federal environmental permit, the unit 

would be allowed to exceed any such 

limit only between the hours of 5 p.m. 

and 9 p.m. CDT on Thursday, 

September 7, 2023, and 5 p.m. and 9 

p.m. CDT on Friday, September 8, 2023, 

and only if ERCOT has declared an EEA 

Level 2 or Level 3 that remained in 

effect during all or any part of either 

such period. This incremental amount 

of restricted capacity would be offered 

at a price no lower than $1,500/MWh. 

Once ERCOT declares that it is no 

longer in an EEA Level 2 or 3, or at 9 

p.m. CDT, whichever occurs first, the 

unit would be required to return to 

operation within its permitted limits as 

expeditiously as possible. And at all 

other times, the unit would be required 

to operate within its permitted limits. 

(ii) For any Generation Resource 

whose operator notifies ERCOT that the 

unit will be offline at any point between 

the hours of 5 p.m. and 9 p.m. CDT 

Thursday, September 7, 2023, and 5 

p.m. and 9 p.m. CDT Friday, September 

8, 2023, or would need to go offline 

during either such period, due to an 

emissions or other limit in any Federal 

environmental permit, if ERCOT has 

declared or expects to declare an EEA 

Level 2 or Level 3 that is expected to be 

in effect during all or any part of that 

period, then ERCOT may issue a 

Reliability Unit Commitment (RUC) 

instruction in advance of that period or 

during that period directing the unit 

operator to bring the unit online, or to 

keep the unit online, and to operate at 

the minimum level at which the 

Resource can be sustainably operated. If 

ERCOT issues the instruction in 

advance of either such period, then 

ERCOT shall endeavor to commit the 

unit at a time that allows the unit to 

reach its low sustained limit no earlier 

than the beginning of that period or the 

start of any EEA Level 2, whichever is 

expected to occur last. An operator 

subject to RUC instruction described 

herein would be allowed to make all of 

the unit’s capacity available to ERCOT 

for dispatch during any period between 

the hours of 5 p.m. and 9 p.m. CDT on 

Thursday, September 7, 2023, and 5 

p.m. and 9 p.m. CDT Friday, September 

8, 2023, for which ERCOT has declared 

an EEA Level 2 or Level 3. This capacity 

would be offered at a price no lower 

than $1,500/MWh. Once ERCOT issues 

a declaration indicating that it is no 

longer in an EEA Level 2 or 3, or at 9 

p.m. CDT, whichever occurs first, the 

unit would be required to return to 

operation within its permitted limits as 

expeditiously as possible unless the unit 

is subject to a subsequent RUC 

instruction that complies with the terms 

specified herein. 

The Order required that ERCOT 

provide a report by October 6, 2023, for 

the dates between September 7, 2023 

and September 8, 2023, inclusive, on 

which the Specified Resources were 

operated, the hours of operation, and 

exceedance of permitting limits, 

including sulfur dioxide, nitrogen 

oxide, mercury, carbon monoxide, and 

other air pollutants, as well as 

exceedances of wastewater release 

limits. The report was required to 

include, (i) emissions data in pounds 

per hour for each Specified Resource 

unit, for each hour of the operational 

scenario, for CO, NOX, PM10, VOC, and 

SO2; (ii) emissions data must have 

included emissions (lbs/hr) calculated 

consistent with reporting obligations 

pursuant to operating permits, 

permitted operating/emission limits, 

and the actual incremental emissions 

above the permit limits; (iii) the number 

and actual hours each day that each 

Specified Resource unit operated in 

excess of permit limits or conditions, 

e.g., ‘‘Generator #1; September 8, 2023; 

4 hours; 04:00–08:00 CDT’’; (iv) the 

amount, type and formulation of any 

fuel used by each Specified Resource; 

(v) all reporting provided under the 

Specified Resource’s operating permit 

requirements over the last three years to 

the United States Environmental 

Protection Agency or local Air Quality 

Management District for the location of 

a Specified Resource that operates 

pursuant to the Order; (vi) additional 

information requested by DOE as it 

performs any environmental review 

relating to the issuance of the Order; 

and (vii) information provided by the 

Specified Resource complied with 

applicable environmental requirements 

to the maximum extent feasible while 

operating consistent with emergency 

conditions. The Order also required that 

ERCOT submit a final report by 

November 6, 2023, with any revisions to 

the information reported on October 6, 

2023. However, because no facilities 

operated above permitted levels during 

the emergency as authorized by the DOE 

order, no environmental impacts 

resulted from DOE issuing the order. 

Consequently, DOE has decided not to 


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67742 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices 

prepare a special environmental 

analysis. 

Signing Authority 

This document of the Department of 

Energy was signed on September 26, 

2023, by Puesh M. Kumar, Director for 

the Office of Cybersecurity, Energy 

Security, and Emergency Response, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on September 

27, 2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2023–21719 Filed 9–29–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 1962–225] 

Pacific Gas and Electric Company; 

Notice of Application Accepted for 

Filing and Soliciting Comments, 

Motions To Intervene, and Protests 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a. Application Type: Application for 

Temporary Variance of Flow 

Requirements. 

b. Project No: 1962–225. 

c. Date Filed: September 15, 2023. 

d. Applicant: Pacific Gas and Electric 

Company (licensee). 

e. Name of Project: Rock Creek-Cresta 

Hydroelectric Project. 

f. Location: The project is located on 

the North Fork Feather River, upstream 

of Lake Oroville, near the Town of 

Tobin, in Butte and Plumas Counties, 

California. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791a–825r. 

h. Applicant Contact: Mr. Chadwick 

McCready, License Coordinator; Pacific 

Gas and Electric Company, P.O. Box 

28209, Oakland, CA 94604; Phone: (530) 

685–5710. 

i. FERC Contact: Katherine Schmidt, 

Phone: (415) 369–3348, 

katherine.schmidt@ferc.gov. 

j. Deadline for filing comments, 

motions to intervene, and protests: 

October 11, 2023. 

The Commission strongly encourages 

electronic filing. Please file comments, 

motions to intervene, and protests using 

the Commission’s eFiling system at 

http://www.ferc.gov/docs-filing/ 

efiling.asp. Commenters can submit 

brief comments up to 6,000 characters, 

without prior registration, using the 

eComment system at http://

www.ferc.gov/docs-filing/ 

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. For assistance, 

please contact FERC Online Support at 

FERCOnlineSupport@ferc.gov, (866) 

208–3676 (toll free), or (202) 502–8659 

(TTY). In lieu of electronic filing, you 

may submit a paper copy. Submissions 

sent via the U.S. Postal Service must be 

addressed to: Kimberly D. Bose, 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street NE, Room 

1A, Washington, DC 20426. 

Submissions sent via any other carrier 

must be addressed to: Kimberly D. Bose, 

Secretary, Federal Energy Regulatory 

Commission, 12225 Wilkins Avenue, 

Rockville, Maryland 20852. The first 

page of any filing should include the 

docket number P–2107–054. Comments 

emailed to Commission staff are not 

considered part of the Commission 

record. 

The Commission’s Rules of Practice 

and Procedure require all intervenors 

filing documents with the Commission 

to serve a copy of that document on 

each person whose name appears on the 

official service list for the project. 

Further, if an intervenor files comments 

or documents with the Commission 

relating to the merits of an issue that 

may affect the responsibilities of a 

particular resource agency, they must 

also serve a copy of the document on 

that resource agency. 

k. Description of Request: The 

licensee requests a temporary reduction 

in minimum instream flow in the Rock 

Creek Reach from 390 cubic feet per 

second (cfs) down to 200 cfs for the 

month of October and down to 150 cfs 

for the month of November, as measured 

at compliance point NF–70, to facilitate 

streambed restoration and repairs to 

Forest Service System Road 26N26 (also 

known as Caribou Road) following 

damage caused by summer 

thunderstorms and associated debris 

flows. The temporary variance would 

begin the date the variance is approved 

and end November 30, 2023. All 

reductions in flows would occur 

following previously approved ramping 

rates. 

l. Locations of the Application: This 

filing may be viewed on the 

Commission’s website at http://

www.ferc.gov using the ‘‘eLibrary’’ link. 

Enter the docket number excluding the 

last three digits in the docket number 

field to access the document. You may 

also register online at http://

www.ferc.gov/docs-filing/esubscription.

asp to be notified via email of new 

filings and issuances related to this or 

other pending projects. For assistance, 

call 1–866–208–3676 or email 

FERCOnlineSupport@ferc.gov, for TTY, 

call (202) 502–8659. Agencies may 

obtain copies of the application directly 

from the applicant. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Comments, Protests, or Motions to 

Intervene: Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214, 

respectively. In determining the 

appropriate action to take, the 

Commission will consider all protests or 

other comments filed, but only those 

who file a motion to intervene in 

accordance with the Commission’s 

Rules may become a party to the 

proceeding. Any comments, protests, or 

motions to intervene must be received 

on or before the specified comment date 

for the particular application. 

o. Filing and Service of Documents: 

Any filing must (1) bear in all capital 

letters the title ‘‘COMMENTS’’, 

‘‘PROTEST’’, or ‘‘MOTION TO 

INTERVENE’’ as applicable; (2) set forth 

in the heading the name of the applicant 

and the project number of the 

application to which the filing 

responds; (3) furnish the name, address, 

and telephone number of the person 

commenting, protesting or intervening; 

and (4) otherwise comply with the 

requirements of 18 CFR 385.2001 

through 385.2005. All comments, 

motions to intervene, or protests must 

set forth their evidentiary basis. Any 

filing made by an intervenor must be 

accompanied by proof of service on all 

persons listed in the service list 

prepared by the Commission in this 

proceeding, in accordance with 18 CFR 

385.2010. 

p. The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 


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