Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Notices 81403 

1 18 CFR (Code of Federal Regulations) § 157.9. 

2 18 CFR 157.10(a)(4) 

3 18 CFR 385.211 

requirements that are inappropriate for 

these products. Additionally, UCA will 

suffer economic hardship and be at a 

competitive disadvantage if it must wait 

to rate these basic models pending a 

determination on the petition for 

waiver. DOE approval of UCA’s interim 

waiver application is also supported by 

sound public policy. As noted above, 

these products offer property owners 

and developers the ability to install new 

efficient central air conditioning in old 

buildings. 

VII. Conclusion 

UCA respectfully requests that DOE 

grant its Petition for Waiver of the 

applicable test procedure for specified 

basic models, and also grant its 

Application for Interim Waiver. UCA 

also requests expedited treatment of the 

Petition and Application. 

Respectfully submitted, 

/s/ 

Scott Blake Harris John Hodges, Harris, 

Wiltshire & Grannis LLP, 1919 M Street 

NW Washington, DC 20036, (202) 730– 

1313 

November 19, 2018 

Appendix 

The waiver and interim waiver requested 

herein should apply to testing and rating of 

the following basic models that are 

manufactured by UCA: 

C-Series commercial indoor horizontal 

double-duct air conditioner models C...T..., 

H...T..., E...T..., B...T..., and BC...T..., with 

nominally rated capacities of 72000, 96000, 

120000, 144000 and 180000 Btu/h. 

C13-Series commercial indoor horizontal 

double-duct air conditioner models C...H..., 

H...H..., E...H..., B...H..., and BC...H..., with 

nominally rated capacities of 72000, 96000 

and 120000 Btu/h. 

VertiCool Classic commercial indoor 

vertical double-duct air conditioner models 

VA...T..., VAR...T..., VARC...T..., BVA...T..., 

BCVA...T..., and EVA...T..., with nominally 

rated capacities of 72000, 96000, 120000, 

144000, 180000, 240000 and 300000 Btu/h. 

VertiCool Aurora commercial indoor 

vertical double-duct air conditioner models 

VA...H..., VAR...H..., VARC...H..., BVA...H..., 

BCVA...H..., and EVA...H..., with nominally 

rated capacities of 72000, 96000, 120000, 

144000, 180000, 240000 and 300000 Btu/h. 

[FR Doc. 2023–25872 Filed 11–21–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP24–14–000] 

Total Peaking Services, LLC; Notice of 

Amendment of Authorization and 

Establishing Intervention Deadline 

Take notice that on November 6, 2023 

Total Peaking Services, LLC (TPS), 775 

Oronoque Road, Milford, CT 06460, 

filed an application under section 7(b) 

of the Natural Gas Act (NGA), and Part 

157 of the Commission’s regulations 

requesting authorization to abandon by 

sale to its affiliate, the Southern 

Connecticut Gas Company (SCG), its 

liquefied natural gas (LNG) storage tank 

and associated liquefaction and 

revaporization facilities located in 

Milford, Connecticut (Milford Facility). 

TPS also requests authorization to 

cancel its FERC Gas Tariff in its entirety. 

Post-abandonment, the Milford Facility 

will be operated by SCG, the sole 

existing customer for the Milford 

Facility’s output, and will remain in 

service under State of Connecticut 

jurisdiction. TPS states that the 

proposed abandonment by sale will not 

harm existing or prospective shippers 

and will not have any effect on the 

environment, all as more fully set forth 

in the application which is on file with 

the Commission and open for public 

inspection. 

In addition to publishing the full text 

of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the internet through the 

Commission’s Home Page 

(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. At 

this time, the Commission has 

suspended access to the Commission’s 

Public Reference Room. For assistance, 

contact the Federal Energy Regulatory 

Commission at FercOnlineSupport@

ferc.gov or call toll-free, (886) 208–3676 

or TTY (202) 502–8659. 

Any questions regarding the proposed 

project should be directed to Danielle 

Mechling, Networks FERC Legal 

Director, Avangrid (UIL), 180 Marsh Hill 

Road, Orange, CT 06477, by phone at 

(203) 836–7464 or by email at 

Danielle.mechling@avangrid.com. 

Pursuant to Section 157.9 of the 

Commission’s Rules of Practice and 

Procedure,1 within 90 days of this 

Notice the Commission staff will either: 

complete its environmental review and 

place it into the Commission’s public 

record (eLibrary) for this proceeding; or 

issue a Notice of Schedule for 

Environmental Review. If a Notice of 

Schedule for Environmental Review is 

issued, it will indicate, among other 

milestones, the anticipated date for the 

Commission staff’s issuance of the final 

environmental impact statement (FEIS) 

or environmental assessment (EA) for 

this proposal. The filing of an EA in the 

Commission’s public record for this 

proceeding or the issuance of a Notice 

of Schedule for Environmental Review 

will serve to notify federal and state 

agencies of the timing for the 

completion of all necessary reviews, and 

the subsequent need to complete all 

federal authorizations within 90 days of 

the date of issuance of the Commission 

staff’s FEIS or EA. 

Public Participation 

There are three ways to become 

involved in the Commission’s review of 

this project: you can file comments on 

the project, you can protest the filing, 

and you can file a motion to intervene 

in the proceeding. There is no fee or 

cost for filing comments or intervening. 

The deadline for filing a motion to 

intervene is 5:00 p.m. Eastern Time on 

December 6, 2023. How to file protests, 

motions to intervene, and comments is 

explained below. 

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 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

Comments 

Any person wishing to comment on 

the project may do so. Comments may 

include statements of support or 

objections, to the project as a whole or 

specific aspects of the project. The more 

specific your comments, the more useful 

they will be. 

Protests 

Pursuant to sections 157.10(a)(4) 2 and 

385.211 3 of the Commission’s 


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81404 Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Notices 

4Persons include individuals, organizations, 

businesses, municipalities, and other entities. 18 

CFR 385.102(d). 

5 18 CFR 385.2001 

6 18 CFR 385.102(d). 

7 18 CFR 385.214. 

8 18 CFR 157.10. 

9The applicant has 15 days from the submittal of 

a motion to intervene to file a written objection to 

the intervention. 

10 18 CFR 385.214(c)(1). 

11 18 CFR 385.214(b)(3) and (d). 

regulations under the NGA, any person 4

may file a protest to the application. 

Protests must comply with the 

requirements specified in section 

385.2001 5 of the Commission’s 

regulations. A protest may also serve as 

a motion to intervene so long as the 

protestor states it also seeks to be an 

intervenor. 

To ensure that your comments or 

protests are timely and properly 

recorded, please submit your comments 

on or before December 7, 2023. 

There are three methods you can use 

to submit your comments or protests to 

the Commission. In all instances, please 

reference the Project docket number 

CP24–14–000 in your submission. 

(1) You may file your comments 

electronically by using the eComment 

feature, which is located on the 

Commission’s website at www.ferc.gov 

under the link to Documents and 

Filings. Using eComment is an easy 

method for interested persons to submit 

brief, text-only comments on a project; 

(2) You may file your comments or 

protests electronically by using the 

eFiling feature, which is located on the 

Commission’s website (www.ferc.gov) 

under the link to Documents and 

Filings. With eFiling, you can provide 

comments in a variety of formats by 

attaching them as a file with your 

submission. New eFiling users must 

first create an account by clicking on 

‘‘eRegister.’’ You will be asked to select 

the type of filing you are making; first 

select ‘‘General’’ and then select 

‘‘Comment on a Filing’’; or 

(3) You can file a paper copy of your 

comments or protests by mailing them 

to the following address below. Your 

written comments must reference the 

Project docket number CP24–14–000. 

To file via USPS: Kimberly D. Bose, 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street NE, 

Washington, DC 20426. 

To file via any other courier: Kimberly 

D. Bose, Secretary, Federal Energy 

Regulatory Commission, 12225 Wilkins 

Avenue, Rockville, Maryland 20852. 

The Commission encourages 

electronic filing of comments (options 1 

and 2 above) and has eFiling staff 

available to assist you at (202) 502–8258 

or FercOnlineSupport@ferc.gov. 

Persons who comment on the 

environmental review of this project 

will be placed on the Commission’s 

environmental mailing list, and will 

receive notification when the 

environmental documents (EA or EIS) 

are issued for this project and will be 

notified of meetings associated with the 

Commission’s environmental review 

process. 

The Commission considers all 

comments received about the project in 

determining the appropriate action to be 

taken. However, the filing of a comment 

alone will not serve to make the filer a 

party to the proceeding. To become a 

party, you must intervene in the 

proceeding. For instructions on how to 

intervene, see below. 

Interventions 

Any person, which includes 

individuals, organizations, businesses, 

municipalities, and other entities,6 has 

the option to file a motion to intervene 

in this proceeding. Only intervenors 

have the right to request rehearing of 

Commission orders issued in this 

proceeding and to subsequently 

challenge the Commission’s orders in 

the U.S. Circuit Courts of Appeal. 

To intervene, you must submit a 

motion to intervene to the Commission 

in accordance with Rule 214 of the 

Commission’s Rules of Practice and 

Procedure 7 and the regulations under 

the NGA 8 by the intervention deadline 

for the project, which is December 7, 

2023. As described further in Rule 214, 

your motion to intervene must state, to 

the extent known, your position 

regarding the proceeding, as well as 

your interest in the proceeding. For an 

individual, this could include your 

status as a landowner, ratepayer, 

resident of an impacted community, or 

recreationist. You do not need to have 

property directly impacted by the 

project in order to intervene. For more 

information about motions to intervene, 

refer to the FERC website at https://

www.ferc.gov/resources/guides/how-to/ 

intervene.asp. 

There are two ways to submit your 

motion to intervene. In both instances, 

please reference the Project docket 

number CP24–14–000 in your 

submission. 

(1) You may file your motion to 

intervene by using the Commission’s 

eFiling feature, which is located on the 

Commission’s website (www.ferc.gov) 

under the link to Documents and 

Filings. New eFiling users must first 

create an account by clicking on 

‘‘eRegister.’’ You will be asked to select 

the type of filing you are making; first 

select ‘‘General’’ and then select 

‘‘Intervention.’’ The eFiling feature 

includes a document-less intervention 

option; for more information, visit 

https://www.ferc.gov/docs-filing/efiling/ 

document-less-intervention.pdf.; or 

(2) You can file a paper copy of your 

motion to intervene, along with three 

copies, by mailing the documents to the 

address below. Your motion to 

intervene must reference the Project 

docket number CP24–14–000. 

To file via USPS: Kimberly D. Bose, 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street NE, 

Washington, DC 20426. 

To file via any other courier: Kimberly 

D. Bose, Secretary, Federal Energy 

Regulatory Commission, 12225 Wilkins 

Avenue, Rockville, Maryland 20852. 

The Commission encourages 

electronic filing of motions to intervene 

(option 1 above) and has eFiling staff 

available to assist you at (202) 502–8258 

or FercOnlineSupport@ferc.gov. 

Protests and motions to intervene 

must be served on the applicant either 

by mail or email at: Danielle Mechling, 

Networks FERC Legal Director, 

Avangrid (UIL), 180 Marsh Hill Road 

Orange, CT 06477, or by email at 

Danielle.mechling@avangrid.com. Any 

subsequent submissions by an 

intervenor must be served on the 

applicant and all other parties to the 

proceeding. Contact information for 

parties can be downloaded from the 

service list at the eService link on FERC 

Online. Service can be via email with a 

link to the document. 

All timely, unopposed 9 motions to 

intervene are automatically granted by 

operation of Rule 214(c)(1).10 Motions to 

intervene that are filed after the 

intervention deadline are untimely, and 

may be denied. Any late-filed motion to 

intervene must show good cause for 

being late and must explain why the 

time limitation should be waived and 

provide justification by reference to 

factors set forth in Rule 214(d) of the 

Commission’s Rules and Regulations.11

A person obtaining party status will be 

placed on the service list maintained by 

the Secretary of the Commission and 

will receive copies (paper or electronic) 

of all documents filed by the applicant 

and by all other parties. 

Tracking the Proceeding 

Throughout the proceeding, 

additional information about the project 

will be available from the Commission’s 

Office of External Affairs, at (866) 208– 

FERC, or on the FERC website at 

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

as described above. The eLibrary link 


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Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Notices 81405 

1Wabash Valley Power Ass’n, Inc., 178 FERC 

¶ 63,005 (2022). 

2Timpont Rural Electric Member Cooperative, 

Complaint, Docket No. EL19–2–000, at 1–2 (filed 

Oct. 1, 2018) (Complaint). 

3Tipmont Rural Elec. Member Coop. v. Wabash 

Valley Power Ass’n, Inc., 171 FERC ¶ 61,059 (2020). 

4Wabash Valley Power Ass’n, Inc., 171 FERC 

¶ 61,053 (2020). 

5As participants in the hearing proceeding, Trial 

Staff and United Power, Inc. may submit reply 

briefs. This Commission, however, is generally less 

likely to allow new participants to intervene after 

issuance of a merits order. See, e.g., Conn. Yankee 

Atomic Power Co., 92 FERC ¶ 61,269, at 61,899 

(2000) (denying the subsidiaries of the Northeast 

Utilities system’s (NU) out-of-time motion to 

intervene because ‘‘[t]o permit NU’s late 

intervention after the issuance of the Initial 

Decision . . . would result in undue burden on the 

active parties to the hearing.’’). 

6See supra note 5. 

7See e.g., Ex. TIP–0003 at 3 (‘‘It is understood by 

and between the Parties that the express intent of 

Wabash Valley is to not own, operate or maintain 

any transmission facilities and/or substations 

except as such ownership, operation and 

maintenance may inure to Wabash Valley by reason 

of Transmission Participation Agreements and 

Transmission, Operation and Maintenance 

Agreements with other suppliers which own and 

operate bulk transmission systems.’’). 

8See supra n.7. 

also provides access to the texts of all 

formal documents issued by the 

Commission, such as orders, notices, 

and rulemakings. 

In addition, the Commission offers a 

free service called eSubscription which 

allows you to keep track of all formal 

issuances and submittals in specific 

dockets. This can reduce the amount of 

time you spend researching proceedings 

by automatically providing you with 

notification of these filings, document 

summaries, and direct links to the 

documents. For more information and to 

register, go to www.ferc.gov/docs-filing/ 

esubscription.asp. 

Intervention Deadline: 5:00 p.m. 

Eastern Time on December 7, 2023. 

Dated: November 16, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–25824 Filed 11–21–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER20–1041–003] 

Wabash Valley Power Association, 

Inc.; Order Establishing Additional 

Briefing Procedures 

Before Commissioners: Willie L. 

Phillips, Acting Chairman; James P. 

Danly, Allison Clements, and Mark C. 

Christie. 

1. This order establishes additional 

briefing procedures following the 

issuance of an Initial Decision on 

January 28, 2022,1 involving Wabash 

Valley Power Association’s (Wabash) 

proposed, unexecuted agreement for 

early termination of two wholesale 

power supply contracts between 

Wabash (as seller) and Tipmont Rural 

Electric Membership Cooperative 

(Tipmont) (as buyer). In this order, we 

establish a briefing schedule to develop 

a more comprehensive record on which 

to make a determination, as discussed 

below. 

I. Background 

2. This proceeding concerns 

Tipmont’s desired early termination of 

its membership with Wabash and two of 

its contracts that are on file with the 

Commission: the 1977 Contract that 

governs all-requirements service from 

1977 through until 2028, and the 2006 

Contract that governs such service from 

2006 through 2050 (each a Contract, and 

collectively, Contracts). At issue also in 

this proceeding is an unexecuted 2020 

Agreement For Early Termination of 

Wholesale Power Supply Contracts 

(Termination Agreement). 

3. On October 1, 2018, Tipmont filed 

a complaint (Complaint) against Wabash 

requesting that the Commission: (1) find 

that Tipmont may terminate its 

Contracts early, and (2) initiate a 

proceeding to establish the just and 

reasonable level of stranded costs 

resulting from Tipmont’s early 

departure.2 On February 20, 2020, 

Wabash filed the Termination 

Agreement pursuant to section 205 of 

the Federal Power Act. On April 20, 

2020, the Commission concurrently: (1) 

issued an order granting, denying, and 

dismissing various aspects of the 

Complaint; 3 and (2) issued an order 

accepting and suspending Wabash’s 

proposed Termination Agreement and 

established hearing and settlement 

judge procedures.4

4. On July 30, 2020, after the 

Settlement Judge declared an impasse, 

the Chief Judge issued an order 

terminating settlement judge procedures 

and designated Administrative Law 

Judge Andrea McBarnette as the 

Presiding Judge. The hearing 

commenced on May 20, 2021, and 

concluded on June 8, 2021. The 

Presiding Judge issued the Initial 

Decision on January 28, 2022. 

Subsequently, the participants filed 

Briefs on Exceptions and Briefs 

Opposing Exceptions on March 31, 

2022, and April 20, 2022, respectively. 

II. Discussion 

5. We establish a briefing schedule to 

allow the participants to address the 

issues set forth in Appendices A and B. 

Further briefing on these issues will 

help develop a more comprehensive 

record for the Commission to evaluate 

the justness and reasonableness of the 

Termination Agreement. Accordingly, 

we provide questions directed at 

Wabash in Appendix A and one 

question directed at Tipmont in 

Appendix B. Wabash and Tipmont are 

required to submit initial briefs within 

45 days of the date of this order. At the 

initial briefing stage, Wabash may 

address only questions in Appendix A 

of this order, and Tipmont may address 

only the question in Appendix B of this 

order. Further, participants are 

permitted to file reply briefs within 30 

days of the date of filing of initial 

briefs.5 At the reply briefing stage, 

participants may address questions 

directed at the other party. Briefs 

making any factual assertions must be 

accompanied by a sworn affidavit of one 

or more witnesses. 

The Commission orders: 

(A) Wabash and Tipmont are hereby 

required to submit initial briefs within 

45 days of the date of this order, as 

discussed in the body of this order. 

(B) Participants are hereby permitted 

to file reply briefs within 30 days of the 

date of filing of initial briefs.6

(C) The Secretary is hereby directed to 

publish this order in the Federal 

Register. 

By the Commission. 

Issued: November 16, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

Appendix A 

Questions Directed at Wabash 

A. Transmission 

1. Section 3 of the 1977 Contract and 

section 5 of the 2006 Contract allow Wabash 

to own transmission in limited 

circumstances.7

a. For each transmission asset reflected in 

the Black & Veatch Study, please identify the 

agreements (i.e., Transmission Participation 

Agreements and Transmission, Operation 

and Maintenance Agreements) 8 that allow(s) 

Wabash to own said transmission assets and 

explain in each instance how such 

ownership right is consistent with the 

exception criteria in the Contracts. 

b. For each of the agreements identified in 

response to part a., please state the 

corresponding amounts of transmission plant 

and transmission capital expenditure 

balances reflected in the Black & Veatch 

Study for years 2019–2021. 

c. In addition, please identify any 

transmission assets that were excluded from 

the proposed buyout amount due to 

limitations set forth in the Contracts. 


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