Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices 46731 

187The guidance that we are providing does not 

address Flow Through Items. While Exelon 

Companies have not specified the date on which 

they adopted full normalization, we do not expect 

that, if Exelon Companies had begun amortization 

as of the date on which full normalization occurred, 

ADIT associated with the adoption of full 

normalization remains to be recovered. 

188By ‘‘properly preserved,’’ we mean that the 

settlement of the ‘‘next rate case’’ included terms 

that expressly reserved the right of the utility to file 

to recover past ADIT in a future rate case. 

189While we find Exelon Companies did not 

expressly reserve recovery of deferred income tax 

amounts for future consideration in their 

settlements, we note that Order No. 144 permits a 

company to reserve in a settlement such issues for 

future consideration. Order No. 144 states that 

‘‘[t]he rule, of course, leaves undisturbed the ability 

of the parties to reach a settlement on any of the 

issues covered by the rule.’’ Order No. 144, FERC 

Stats. & Regs. ¶ 30,254 at 31,519. Reading this 

sentence in the context of the rule, parties may 

reach a settlement on any of the issues concerning 

the ratemaking method for deferred income tax 

recovery, and if the Commission approves the 

settlement, it complies with Order No. 144. 

Exelon Companies are seeking to 

recover amounts that should have been 

recovered in prior periods. 

4. Guidance 

130. We note that our rejection of 

Exelon Companies’ filings for the 

reasons stated herein does not prohibit 

them from recovering all prior period 

tax deficiencies and AFUDC Equity. To 

the extent that public utilities have 

undepreciated AFUDC Equity, even if 

the related assets were placed into 

service in prior years, they may file to 

recover the tax effect on an ongoing 

basis if properly supported under FPA 

section 205. In addition, we note that 

several of the Exelon Companies 

experienced recent tax increases at the 

state level (e.g., increases in the Illinois 

state income tax rate occurred in 2011 

and 2015, and increases in the Maryland 

state corporate income tax rate occurred 

in 2001 and 2008), and a portion of the 

deficient ADIT may still be eligible for 

recovery, given the lengthy amortization 

period associated with excess or 

deficient ADIT.187 Should Exelon 

Companies seek recovery of such 

amounts, they should fully support 

these amounts by providing detailed 

workpapers, as well as provide for the 

reduction of the associated ADIT 

liabilities from rate base. 

131. Exelon Companies may submit, 

for example, new FPA section 205 

filings with a mechanism to refund or 

recover, as appropriate, deferred income 

tax excesses and deficiencies related to 

the recent Tax Cuts and Jobs Act and 

any future income tax changes, any new 

originations of past income tax changes, 

and taxes on AFUDC Equity associated 

with current and future years’ 

depreciation expense. Should Exelon 

Companies seek recovery of ADIT 

amounts in new FPA section 205 filings, 

they may obtain such recovery or refund 

of excess or deficient ADIT to be 

calculated as of the effective date in the 

new filings. 

5. Limited Compliance Period 

132. We take this opportunity to 

provide guidance on what would 

constitute a ‘‘reasonable period of time’’ 

to file for recovery under Order No. 144. 

Consistent with the requirement in 

Order No. 144 that FAS 109 recovery for 

ADIT excesses and deficiencies should 

at least be addressed in the ‘‘next rate 

case,’’ we announce a limited period in 

which public utilities may file to 

recover past ADIT if the public utility 

did not file a rate case subsequent to the 

Commission’s issuance of Order No. 144 

or if the public utility properly 

preserved 188 its right to recover past 

ADIT through settlement terms.189 If 

one of these two conditions are met, we 

will permit a public utility to make a 

FPA section 205 filing to revise its 

formula rate provisions to allow for the 

refund or recovery of all previously 

incurred income tax amounts as a result 

of full tax normalization within one year 

after this order is published in the 

Federal Register, i.e. this one-year time 

period continues to constitute ‘‘a 

reasonable period of time’’ under Order 

No. 144 to file for recovery. 

133. Regarding the recovery of ADIT 

amounts incurred in the future after the 

expiration of this limited compliance 

period, we also clarify that it is the 

Commission’s expectation that public 

utilities will make FPA section 205 

filings to recover such ADIT amounts 

within two years after they are incurred. 

The Commission orders: 

The revisions to Exelon Companies’ 

Formula Rates are hereby rejected, as 

discussed in the body of this order. 

By the Commission. 

Issued: September 7, 2018. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2018–19994 Filed 9–13–18; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP18–46–001] 

Notice of Applications; Adelphia 

Gateway, LLC 

Take notice that on August 31, 2018, 

Adelphia Gateway, LLC (Adelphia), 

1415 Wyckoff Road Wall, New Jersey 

07719, filed an amendment to its 

January 12, 2018 application under 

section 7(c) of the Natural Gas Act 

(NGA) and Part 157 of the Commission’s 

rules and regulations requesting 

certificate authority to reflect an 

increase in its design capacity on Zone 

North A from 175,000 dekatherms per 

day (Dth/d) to 250,000 Dth/d. In light of 

the increased Zone North A design 

capacity, Adelphia proposes to modify 

its initial transportation rates in the pro 

forma FERC Gas Tariff. Adelphia also 

proposes to amend the Usage-2 Rate 

under Rate Schedule FTS to reflect the 

100 percent load factor rates, all as more 

fully described in the application which 

is on file with the Commission and open 

to public inspection. The filing may also 

be viewed on the web 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. For 

assistance, contact FERC at 

FERCOnlineSupport@ferc.gov or call 

toll-free, (866) 208–3676 or TTY, (202) 

502–8659. 

Any questions regarding this 

application should be directed to 

William P. Scharfenberg, Assistant 

General Counsel, Adelphia Gateway, 

LLC, 1415 Wyckoff Road, Wall, NJ 

07719, or call (732) 938–1134, or email: 

WScharfenberg@NJResources.com. 

There are two ways to become 

involved in the Commission’s review of 

this project. First, any person wishing to 

obtain legal status by becoming a party 

to the proceedings for this project 

should, on or before the comment date 

stated below file with the Federal 

Energy Regulatory Commission, 888 

First Street NE, Washington, DC 20426, 

a motion to intervene in accordance 

with the requirements of the 

Commission’s Rules of Practice and 

Procedure (18 CFR 385.214 or 385.211) 

and the Regulations under the NGA (18 

CFR 157.10). A person obtaining party 

status will be placed on the service list 

maintained by the Secretary of the 

Commission and will receive copies of 

all documents filed by the applicant and 

by all other parties. A party must submit 

5 copies of filings made in the 

proceeding with the Commission and 

must mail a copy to the applicant and 

to every other party. Only parties to the 

proceeding can ask for court review of 

Commission orders in the proceeding. 

However, a person does not have to 

intervene in order to have comments 

considered. The second way to 

participate is by filing with the 

Secretary of the Commission, as soon as 

possible, an original and two copies of 

comments in support of or in opposition 

to this project. The Commission will 


daltland on DSKBBV9HB2PROD with NOTICES
46732 Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices 

consider these comments in 

determining the appropriate action to be 

taken, but the filing of a comment alone 

will not serve to make the filer a party 

to the proceeding. The Commission’s 

rules require that persons filing 

comments in opposition to the project 

provide copies of their protests only to 

the party or parties directly involved in 

the protest. 

Persons who wish to comment only 

on the environmental review of this 

project should submit an original and 

two copies of their comments to the 

Secretary of the Commission. 

Environmental commentors will be 

placed on the Commission’s 

environmental mailing list, will receive 

copies of the environmental documents, 

and will be notified of meetings 

associated with the Commission’s 

environmental review process. 

Environmental commentors will not be 

required to serve copies of filed 

documents on all other parties. 

However, the non-party commentors 

will not receive copies of all documents 

filed by other parties or issued by the 

Commission (except for the mailing of 

environmental documents issued by the 

Commission) and will not have the right 

to seek court review of the 

Commission’s final order. 

The Commission strongly encourages 

electronic filings of comments, protests, 

and interventions in lieu of paper using 

the ‘‘eFiling’’ link at http://

www.ferc.gov. Persons unable to file 

electronically should submit an original 

and 5 copies of the protest or 

intervention to the Federal Energy 

regulatory Commission, 888 First Street 

NE, Washington, DC 20426. 

Comment Date: 5:00 p.m. Eastern 

Time on September 28, 2018. 

Dated: September 7, 2018. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2018–19996 Filed 9–13–18; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2004–0501; FRL–9983–76– 

OAR] 

Proposed Information Collection 

Request; Comment Request; 

Information Collection Request for 

Green Power Partnership and 

Combined Heat and Power 

Partnership; EPA ICR Number 2173.07 

(Renewal), OMB Control No. 2060–0578 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency is planning to submit an 

information collection request (ICR), 

‘‘Information Collection Request for 

Green Power Partnership and Combined 

Heat and Power Partnership’’ (EPA ICR 

Number 2173.07 (Renewal), OMB 

Control No. 2060–0578) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act. Before 

doing so, EPA is soliciting public 

comments on specific aspects of the 

proposed information collection as 

described below. This is a proposed 

extension of the ICR, which is currently 

approved through March 31, 2019. An 

Agency may not conduct or sponsor and 

a person is not required to respond to 

a collection of information unless it 

displays a currently valid OMB control 

number. 

DATES: Comments must be submitted on 

or before November 13, 2018. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OAR–2004–0501, online using 

www.regulations.gov (our preferred 

method), by email to a-and-r-docket@

epamail.epa.gov or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Mail Code 28221T, 

1200 Pennsylvania Ave. NW, 

Washington, DC 20460. EPA’s policy is 

that all comments received will be 

included in the public docket without 

change including any personal 

information provided, unless the 

comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Kent, Climate Protection 

Partnerships Division, Office of 

Atmospheric Programs, MC 6202A 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460; telephone number: 202–343– 

9046; fax number: 202–343–2208; email 

address: kent.christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Supporting documents which explain in 

detail the information that the EPA will 

be collecting are available in the public 

docket for this ICR. The docket can be 

viewed online at www.regulations.gov 

or in person at the EPA Docket Center, 

WJC West, Room 3334, 1301 

Constitution Ave. NW, Washington, DC. 

The telephone number for the Docket 

Center is 202–566–1744. For additional 

information about EPA’s public docket, 

visit http://www.epa.gov/dockets. 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA is soliciting comments 

and information to enable it to: (i) 

Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; (ii) evaluate the 

accuracy of the Agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(iii) enhance the quality, utility, and 

clarity of the information to be 

collected; and (iv) minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. EPA will consider the 

comments received and amend the ICR 

as appropriate. The final ICR package 

will then be submitted to OMB for 

review and approval. At that time, EPA 

will issue another Federal Register 

notice to announce the submission of 

the ICR to OMB and the opportunity to 

submit additional comments to OMB. 

Abstract: In 2002, EPA’s Energy 

Supply and Industry Branch (ESIB) 

launched two partnership programs 

with industry and other stakeholders: 

The Green Power Partnership (GPP) and 

the Combined Heat and Power 

Partnership (CHPP). These voluntary 

partnership programs, along with others 

in the ESIB, encourage organizations to 

invest in clean, efficient energy 

technologies, including renewable 

energy and combined heat and power. 

To continue to be successful, it is 

critical that EPA collect information 

from these program stakeholders to 

ensure these organizations are meeting 

their clean energy goals and to assure 

the credibility of these voluntary nonregulatory programs. 

EPA has developed this ICR to obtain 

authorization to collect information 

from organizations participating in the 

GPP and CHPP, and other ESIB 

voluntary programs. Organizations that 

join these programs voluntarily agree to 

the following respective actions: (1) 

Designating a Green Power or CHP 

liaison and filling out a Partnership 

Agreement or Letter of Intent (LOI) 

respectively, (2) for the GPP, reporting 

to EPA, on an annual basis, their 

progress toward their green power 

commitment via a 3-page reporting 

form; (3) for the CHP Partnership, 

reporting to EPA information on their 

existing CHP projects, new project 

development, and other CHP-related 


daltland on DSKBBV9HB2PROD with NOTICES