Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 88905 

Concurrence), available at https://www.ferc.gov/ 

news-events/news/commissioner-christiesconcurrence-blackrocks-authorization-buy-votingsecurities. 

3 You can see the extent of these investment 

managers’ holdings through the quarterly reports 

the Commission receives as part of the requirements 

associated with section 203(a)(2) blanket 

authorizations. See, e.g., BlackRock, Quarterly 

Report, Docket No. EC16–77–002 (filed Nov. 15, 

2023) (detailing holdings in several publicly traded 

holding companies with public utility subsidiaries). 4See BlackRock Concurrence at PP 4–5. 5See, e.g., Testimony of Commissioner Mark C. 

Christie, Oversight of FERC: Adhering to a Mission 

of Affordable and Reliable Energy for America, 

United States House of Representatives (June 12, 

2023), available at https://www.ferc.gov/media/ 

testimony-commissioner-mark-c-christie-oversightferc-adhering-mission-affordable-and; Written 

Testimony of Commissioner Mark Christie Before 

the Committee on Energy and Natural Resources, 

United States Senate (Sept. 27, 2021), available at 

https://cms.ferc.gov/media/written-testimonycommissioner-mark-christie-committee-energy-andnatural-resources-united. 

6See, e.g., Transactions Subject to FPA Section 

203, Order No. 669, 113 FERC ¶ 61,315 (2005), 

order on reh’g, Order No. 669–A, 115 FERC 

¶ 61,097, order on reh’g, Order No. 669–B, 116 

FERC ¶ 61,076 (2006). 

credible assertion that investment 

managers, like BlackRock, State Street 

Corporation, and The Vanguard Group, 

Inc., are always or should be assumed 

to be merely passive investors. These 

investment managers are often the three 

biggest investors in publicly traded 

companies across the U.S. economy, 

including the utility industry, and wield 

significant financial power by virtue of 

their investments.3 These investment 

managers may occasionally use that 

financial power to push various types of 

policy agendas, agendas that may 

ultimately conflict with the utility’s 

public service obligations to its 

customers.4 Or, totally different from 

any policy goal, the threat may come 

from a private equity investor’s attempt 

to turn a quick profit on a short-term 

trade by undercutting utility practices 

that are designed to serve its retail 

customers over the long term, not the 

short-term interests of the private equity 

investor. 

3. One focus recently, and rightfully 

so, has been on ‘‘ESG’’ (environmental, 

social, and governance-related) 

corporate initiatives, with huge asset 

managers pushing policy decisions that 

should be left to elected legislators. For 

example, I have pointed out the 

reliability problems that will result from 

premature dispatchable generation 

retirements that may come from these 

initiatives.5 Decisions on the 

appropriate generation resources mix for 

a public utility with a state-granted 

franchise are policy decisions for state 

policymakers, not huge Wall Street asset 

managers. 

4. But let us be clear—‘‘ESG’’ investor 

activity is simply a symptom of a larger, 

more pernicious threat that has always 

existed in the utility industry: improper 

investor influence and control over 

public utilities. Large investors can and 

do force utilities to make decisions that 

are contrary to their public service 

obligations to their retail customers. 

This, among other related concerns, is 

exactly why Congress enacted a suite of 

consumer protection statutes, including 

the FPA almost 100 years ago. 

Congress’s subsequent revisions to the 

FPA over the years, such as by the 

Energy Policy Act of 2005, signal the 

ongoing importance of consumer 

protection in the Commission’s 

regulatory responsibilities, including 

under section 203. Congress may have 

directed the Commission to streamline 

its regulations to facilitate greater 

investments in the utility industry, such 

as through section 203 blanket 

authorizations,6 but that streamlining 

does not, and should never, come at 

expense of protecting consumers. 

Indeed, it is the Commission’s task to 

balance these two competing 

responsibilities and to continue to 

revisit and evaluate that balance. So I 

fully agree that this NOI is timely and 

compelling and I look forward to 

moving forward on it. 

For these reasons, I respectfully concur. 

Mark C. Christie 

Commissioner 

[FR Doc. 2023–28443 Filed 12–22–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. RM98–1–000] 

Records Governing Off-the-Record 

Communications 

This constitutes notice, in accordance 

with 18 CFR 385.2201(b), of the receipt 

of prohibited and exempt off-the-record 

communications. 

Order No. 607 (64 FR 51222, 

September 22, 1999) requires 

Commission decisional employees, who 

make or receive a prohibited or exempt 

off-the-record communication relevant 

to the merits of a contested proceeding, 

to deliver to the Secretary of the 

Commission, a copy of the 

communication, if written, or a 

summary of the substance of any oral 

communication. 

Prohibited communications are 

included in a public, non-decisional file 

associated with, but not a part of, the 

decisional record of the proceeding. 

Unless the Commission determines that 

the prohibited communication and any 

responses thereto should become a part 

of the decisional record, the prohibited 

off-the-record communication will not 

be considered by the Commission in 

reaching its decision. Parties to a 

proceeding may seek the opportunity to 

respond to any facts or contentions 

made in a prohibited off-the-record 

communication and may request that 

the Commission place the prohibited 

communication and responses thereto 

in the decisional record. The 

Commission will grant such a request 

only when it determines that fairness so 

requires. Any person identified below as 

having made a prohibited off-the-record 

communication shall serve the 

document on all parties listed on the 

official service list for the applicable 

proceeding in accordance with Rule 

2010, 18 CFR 385.2010. 

Exempt off-the-record 

communications are included in the 

decisional record of the proceeding, 

unless the communication was with a 

cooperating agency as described by 40 

CFR 1501.6, made under 18 CFR 

385.2201(e) (1) (v). 

The following is a list of off-therecord communications recently 

received by the Secretary of the 

Commission. 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. For 

assistance, please contact FERC Online 

Support at FERCOnlineSupport@

ferc.gov or toll free at (866) 208–3676, or 

for TTY, contact (202) 502–8659. 

Docket Nos. File date Presenter or requester 

Prohibited 

1. CP22–2–000 .......................................................................................................... 12–12–2023 FERC Staff 1

2. CP22–2–000 .......................................................................................................... 12–12–2023 FERC Staff 2

3. CP22–2–000 .......................................................................................................... 12–13–2023 FERC Staff 3

4. CP22–2–000 .......................................................................................................... 12–15–2023 FERC Staff 4


khammond on DSKJM1Z7X2PROD with NOTICES
88906 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 

Docket Nos. File date Presenter or requester 

Exempt 

None.

1Emailed comments from Nathalie Bouville and 15 other individuals. 

2Emailed comments from Paul Snodgrass and 13 other individuals. 

3Emailed comments from Alan Unell and 22 other individuals. 

4Emailed comments from Harry Moody. 

Dated: December 19, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–28434 Filed 12–22–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

Take notice that the Commission 

received the following electric corporate 

filings: 

Docket Numbers: EC24–27–000. 

Applicants: Evergy Missouri West, 

Inc., Dogwood Energy LLC. 

Description: Joint Application for 

Authorization Under Section 203 of the 

Federal Power Act of Evergy Missouri 

West, Inc. 

Filed Date: 12/18/23. 

Accession Number: 20231218–5274. 

Comment Date: 5 p.m. ET 1/8/24. 

Take notice that the Commission 

received the following exempt 

wholesale generator filings: 

Docket Numbers: EG24–59–000. 

Applicants: Yellow Pine Solar II, LLC. 

Description: Yellow Pine Solar II, LLC 

submits Notice of Self–Certification of 

Exempt Wholesale Generator Status. 

Filed Date: 12/19/23. 

Accession Number: 20231219–5146. 

Comment Date: 5 p.m. ET 1/9/24. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER19–1217–005. 

Applicants: Montana-Dakota Utilities 

Co. 

Description: Triennial Market Power 

Analysis for Central Region of MontanaDakota Utilities Co. 

Filed Date: 12/15/23. 

Accession Number: 20231215–5329. 

Comment Date: 5 p.m. ET 2/13/24. 

Docket Numbers: ER22–2185–003. 

Applicants: Black Hills Colorado 

Electric, LLC. 

Description: Compliance filing: 

Compliance Filing of Tariff Sheets to 

Implement Formula Rate Settlement to 

be effective 9/1/2022. 

Filed Date: 12/18/23. 

Accession Number: 20231218–5254. 

Comment Date: 5 p.m. ET 1/8/24. 

Docket Numbers: ER24–226–001. 

Applicants: Evergy Missouri West, 

Inc., Evergy Metro, Inc., Southwest 

Power Pool, Inc. 

Description: Tariff Amendment: 

Southwest Power Pool, Inc. submits 

tariff filing per 35.17(b): Amended 

Filing—Revisions to the Formula Rate of 

Evergy Companies to be effective 12/27/ 

2023. 

Filed Date: 12/18/23. 

Accession Number: 20231218–5249. 

Comment Date: 5 p.m. ET 1/8/24. 

Docket Numbers: ER24–678–001. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: Tariff Amendment: 

Amendment of Cancellation of WMPA, 

SA No. 6228; AF2–057 in Docket ER24– 

678–000 to be effective 2/14/2024. 

Filed Date: 12/18/23. 

Accession Number: 20231218–5261. 

Comment Date: 5 p.m. ET 1/8/24. 

Docket Numbers: ER24–697–000. 

Applicants: Westlands Solar Blue 

(OZ) Owner, LLC. 

Description: Baseline eTariff Filing: 

Solar Blue Application for Market-Based 

Rate Authorization to be effective 12/19/ 

2023. 

Filed Date: 12/18/23. 

Accession Number: 20231218–5272. 

Comment Date: 5 p.m. ET 1/8/24. 

Docket Numbers: ER24–698–000. 

Applicants: Castanea Project, LLC. 

Description: Baseline eTariff Filing: 

Castanea Application for Market-Based 

Rate Authorization to be effective 12/19/ 

2023. 

Filed Date: 12/19/23. 

Accession Number: 20231219–5002. 

Comment Date: 5 p.m. ET 1/9/24. 

Docket Numbers: ER24–699–000. 

Applicants: Southwest Power Pool, 

Inc. 

Description: § 205(d) Rate Filing: 4200 

NextEra Energy Resources Surplus 

Interconnection GIA to be effective 2/ 

17/2024. 

Filed Date: 12/19/23. 

Accession Number: 20231219–5004. 

Comment Date: 5 p.m. ET 1/9/24. 

Docket Numbers: ER24–700–000. 

Applicants: Southwest Power Pool, 

Inc. 

Description: § 205(d) Rate Filing: 4201 

Wildcat Ranch Energy Storage Surplus 

InterconnectionGIA to be effective 2/17/ 

2024. 

Filed Date: 12/19/23. 

Accession Number: 20231219–5009. 

Comment Date: 5 p.m. ET 1/9/24. 

Docket Numbers: ER24–701–000. 

Applicants: New York Independent 

System Operator, Inc. 

Description: § 205(d) Rate Filing: 

NYISO 205: Proposed ICAP Demand 

Curve Enhancements re: Seasonal 

Reference Points to be effective 2/20/ 

2024. 

Filed Date: 12/19/23. 

Accession Number: 20231219–5063. 

Comment Date: 5 p.m. ET 1/9/24. 

Docket Numbers: ER24–702–000. 

Applicants: Duke Energy Indiana, 

LLC. 

Description: § 205(d) Rate Filing: DEIBlocke RS No. 283 Facilities Agmt to be 

effective 2/18/2024. 

Filed Date: 12/19/23. 

Accession Number: 20231219–5102. 

Comment Date: 5 p.m. ET 1/9/24. 

Docket Numbers: ER24–703–000. 

Applicants: Virginia Electric and 

Power Company, PJM Interconnection, 

L.L.C. 

Description: § 205(d) Rate Filing: 

Virginia Electric and Power Company 

submits tariff filing per 35.13(a)(2)(iii: 

VEPCO submits One WDSA, SA No. 

7142 to be effective 9/27/2023. 

Filed Date: 12/19/23. 

Accession Number: 20231219–5109. 

Comment Date: 5 p.m. ET 1/9/24. 

Docket Numbers: ER24–704–000. 

Applicants: Alabama Power 

Company, Georgia Power Company, 

Mississippi Power Company. 

Description: Tariff Amendment: 

Alabama Power Company submits tariff 

filing per 35.15: Putney Solar (Solar & 

Battery) LGIA Termination Filing to be 

effective 12/19/2023. 

Filed Date: 12/19/23. 

Accession Number: 20231219–5125. 

Comment Date: 5 p.m. ET 1/9/24. 

Docket Numbers: ER24–705–000. 

Applicants: Bazinga, LLC. 

Description: Baseline eTariff Filing: 

Baseline new to be effective 12/20/2023. 

Filed Date: 12/19/23. 

Accession Number: 20231219–5193. 

Comment Date: 5 p.m. ET 1/9/24. 

Take notice that the Commission 

received the following electric 

reliability filings: 


khammond on DSKJM1Z7X2PROD with NOTICES