Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices 10681 

38See, e.g., ISO New England, Inc. 125 FERC 

61,102, at PP 82–84, order on clarification, 125 

FERC ¶ 61,234 (2008), order denying reh’g, 130 

FERC ¶ 61,089 (2010). 

39 Midwest Indep. Transmission Sys. Operator, 

Inc., 140 FERC ¶ 61,237, at P 138 (2012), order on 

compliance, 148 FERC ¶ 61,056, at P 44 (2014). 

40PJM Interconnection, L.L.C., 107 FERC ¶ 

61,112, at P 22 (2004). 

41Midwest Indep. Transmission Sys. Operator, 

Inc., 140 FERC ¶ 61,237, at P 154 (2012). 

42See, e.g., PJM OATT 120. 

43See, e.g., PJM OATT 118; ISO–NE, 

Transmission Markets and Services Tariff, 

III.13.2.5.2.5 (18.0.0); MISO, FERC Electric Tariff, 

38.2.7 (4.0.0); CAISO, eTariff, 43.2.6 (1.0.0). 

44See, ISO New England Inc., 125 FERC ¶ 61,102, 

at PP 45–48 (2008). 

the generator the reliability study report 

and NYISO’s RMR proposal should 

address which entity will file the 

reliability report(s) with the 

Commission. 

19. NYISO’s RMR proposal should 

address the circumstance of accelerated 

cost recovery for generators that require 

upgrades, retrofitting, repowering, or 

some other form of additional 

investment required to continue 

operating during the term of the RMR 

agreement, to ensure that in such 

circumstances generators are 

appropriately compensated.38 In 

addition, the proposal should likewise 

address recovery of such investments 

from RMR generators should the RMR 

unit receive compensation for the 

investment during the term of the RMR 

agreement but then continue to operate 

as a merchant unit after the term of the 

RMR agreement.39 Such provisions 

should ensure that generators under 

RMR agreements will not recover more 

than an allocable portion of the cost of 

such investments from providing RMR 

service. 

C. RMR Cost Allocation 

20. NYISO’s RMR compliance filing 

should include tariff provisions 

specifying a methodology for allocating 

the costs of RMR agreements, as 

appropriate cost allocation is essential 

to ensuring that the rates charged are 

just and reasonable and not unduly 

discriminatory or preferential.40

Moreover, disclosing the allocation of 

RMR costs in this manner will enable 

the entities to whom the costs may be 

allocated to better understand their 

potential responsibility for the RMR 

costs.41 Other RTOs and ISOs have 

adopted different approaches to address 

the recovery of the costs associated with 

agreements like the RMR agreements 

discussed in this order. For example, in 

PJM Interconnection, L.L.C. (PJM), RMR 

costs are allocated to the load in the 

zone(s) of the transmission owners that 

will be assigned financial responsibility 

for the reliability upgrades necessary to 

alleviate the reliability impact that 

would result from the unit’s 

deactivation.42 NYISO should ensure 

that any cost allocation regime is 

consistent with the Commission’s cost 

allocation principles and precedents. 

D. Toggling Provisions 

21. NYISO’s proposal should also 

include rules to eliminate, or at least 

minimize, incentives for a generator 

needed for reliability to toggle between 

receiving RMR compensation and 

market-based compensation for the 

same units.43 The Commission 

appreciates that uneconomic units 

could become economic for a number of 

reasons, including changing market 

conditions and the need for and timing 

of capital investments. However, the 

Commission is concerned that any 

proposed provisions not provide an 

incentive for a generation resource to 

propose to deactivate earlier than it 

otherwise would have in expectation of 

being needed for reliability and, 

therefore, be able to receive more 

revenues under an RMR service 

agreement than by remaining in the 

market. As noted above, the tariff 

provisions should not provide an 

incentive for a generation resource to reenter the market after having received 

accelerated recovery of the cost of 

additional investments made under its 

RMR agreement.44 Accordingly, to 

address the Commission’s concerns 

related to toggling, NYISO should craft 

tariff provisions that provide clear 

guidance to generators regarding the 

implications of a deactivation notice. 

The Commission Orders 

(A) Pursuant to the authority 

contained in and subject to the 

jurisdiction conferred upon the Federal 

Energy Regulatory Commission by 

section 402(a) of the Department of 

Energy Organization Act and by the 

Federal Power Act, particularly section 

206 thereof, and pursuant to the 

Commission’s Rules of Practice and 

Procedure and the regulations under the 

Federal Power Act (18 CFR Chapter I), 

the Commission hereby institutes a 

proceeding in Docket No. EL15–37–000 

concerning the justness and 

reasonableness of NYISO’s Tariff with 

regard to RMR issues, as discussed in 

the body of this order. 

(B) Within 120 days of the date of 

issuance of this order, NYISO shall 

submit a compliance filing containing a 

proposed RMR Rate Schedule and pro 

forma RMR agreement, as discussed in 

the body of this order. 

(C) Any interested person desiring to 

be heard in this proceeding must file a 

notice of intervention or motion to 

intervene, as appropriate, with the 

Federal Energy Regulatory Commission, 

888 First Street NE., Washington, DC 

20426, in accordance with Rule 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.214 (2014)) 

within 21 days of the date of this order. 

(D) The Secretary is hereby directed to 

promptly publish this order in the 

Federal Register. 

By the Commission. 

Issued: February 19, 2015. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2015–04119 Filed 2–26–15; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. EL14–33–000] 

DATC Path 15, LLC; Notice of 

Institution of Section 206 Proceeding 

and Refund Effective Date 

On April 17, 2014, the Commission 

issued an order in Docket No. EL14–33– 

000, pursuant to section 206 of the 

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

824e (2012), instituting an investigation 

to determine the justness and 

reasonableness of DATC Path 15, LLC’s 

proposed transmission revenue 

requirement reduction. DATC Path 15, 

LLC, 147 FERC ¶ 61,035 (2014). 

The refund effective date in Docket 

No. EL14–33–000, established pursuant 

to section 206(b) of the FPA, will be the 

date of publication of this notice in the 

Federal Register. 

Dated: February 23, 2015. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2015–04082 Filed 2–26–15; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. PF15–1–000] 

PennEast Pipeline Company, LLC; 

Notice of Postponement of Public 

Scoping Meeting for the Penneast 

Pipeline Project 

On January 13, 2015, the Federal 

Energy Regulatory Commission (FERC 

or Commission) issued a Notice of 

Intent to Prepare an Environmental 

mstockstill on DSK4VPTVN1PROD with NOTICES

10682 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices 

Impact Statement for the Planned 

PennEast Pipeline Project, Requests for 

Comments on Environmental Issues, 

and Notice of Public Scoping Meetings. 

The notice solicited comments on the 

potential environmental impacts of the 

planned project and announced the time 

and location of five public scoping 

meetings being held for the 

environmental proceedings. 

Due to unforeseen circumstances, the 

Commission staff is postponing the 

scoping meeting planned for 

Wednesday, January 28, 2015 at Bucks 

County Community College, Kevin and 

Sima Zlock Performing Arts Center 

Gateway Auditorium, 275 Swamp Road, 

Newtown, Pennsylvania 18940. Once a 

new venue is established and 

scheduled, the Commission will issue 

another notice advising of the new 

location and time. 

Dated: January 26, 2015. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2015–04049 Filed 2–26–15; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP15–86–000] 

El Paso Natural Gas Company, L.L.C.; 

Notice of Request Under Blanket 

Authorization 

Take notice that on February 12, 2015, 

El Paso Natural Gas Company, L.L.C. 

(EPNG), P.O. Box 1087, Colorado 

Springs, Colorado, 80944 filed a prior 

notice request pursuant to sections 

157.205 and 157.213 of the 

Commission’s regulations under the 

Natural Gas Act for authorization to 

construct and operate certain natural gas 

storage field facilities within EPNG’s 

existing Washington Ranch Storage 

Field located in Eddy County, New 

Mexico. Specifically, EPNG proposes to: 

(i) Drill and connect two new injection/ 

withdrawal wells, (ii) construct two 

appurtenant six-inch outside diameter 

storage pipelines totaling up to 2,400 

feet, and (iii) install new well pad 

measurements. The project is referred to 

as the Washington Ranch Project. EPNG 

states that the two new wells and 

associated laterals are designed to better 

access existing working capacity, all as 

more fully set forth 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 

Francisco Tarin, Director, Regulatory 

Affairs Department, El Paso Natural Gas 

Company, LLC, P.O. Box 1087, Colorado 

Springs, Colorado, 80944, or by calling 

(719) 667–7517. 

Any person may, within 60 days after 

the issuance of the instant notice by the 

Commission, file pursuant to Rule 214 

of the Commission’s Procedural Rules 

(18 CFR 385.214) a motion to intervene 

or notice of intervention. Any person 

filing to intervene or the Commission’s 

staff may, pursuant to section 157.205 of 

the Commission’s Regulations under the 

NGA (18 CFR 157.205) file a protest to 

the request. If no protest is filed within 

the time allowed therefore, the proposed 

activity shall be deemed to be 

authorized effective the day after the 

time allowed for protest. If a protest is 

filed and not withdrawn within 30 days 

after the time allowed for filing a 

protest, the instant request shall be 

treated as an application for 

authorization pursuant to section 7 of 

the NGA. 

Pursuant to section 157.9 of the 

Commission’s rules, 18 CFR 157.9, 

within 90 days of this Notice the 

Commission staff will either: Complete 

its environmental assessment (EA) 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 EA for this proposal. The filing of the 

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. 

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 commenter’s 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 commenter’s will not be 

required to serve copies of filed 

documents on all other parties. 

However, the non-party commentary, 

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 via the Internet in lieu 

of paper. See 18 CFR 385.2001(a)(1)(iii) 

and the instructions on the 

Commission’s Web site (www.ferc.gov) 

under the ‘‘e-Filing’’ link. Persons 

unable to file electronically should 

submit original and 5 copies of the 

protest or intervention to the Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 20426. 

Dated: February 23, 2015. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2015–04125 Filed 2–26–15; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2003–0004; FRL–9923–28] 

Access to Confidential Business 

Information by the Food and Drug 

Administration, Office of Foods and 

Veterinary Medicine 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has authorized, the Food 

and Drug Administration, Office of 

Foods and Veterinary Medicine (FDA), 

to access information which has been 

submitted to EPA under all sections of 

the Toxic Substances Control Act 

(TSCA) and Federal Insecticide, 

Fungicide and Rodenticide Act (FIFRA). 

Some of the information may be claimed 

or determined to be Confidential 

Business Information (CBI). 

DATES: Access to the confidential data 

will occur no sooner than March 9, 

2015. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

Colby Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

mstockstill on DSK4VPTVN1PROD with NOTICES