[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Rules and Regulations]
[Page 60347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25584]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket Nos. RM16-5-000; RM16-5-001; RM16-23-000; AD16-20-000]


Non-Discriminatory Open Access Transmission Tariff; Corrections

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Correcting amendment.

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SUMMARY: This document corrects one section of the regulations of the 
Federal Energy Regulatory Commission, as published in the Federal 
Register on March 6, 2018. This correction restores regulatory text 
that was inadvertently replaced with other regulatory text adopted in 
another, later final rule.

DATES: Effective November 26, 2018.

FOR FURTHER INFORMATION CONTACT: Anne Marie Hirschberger, Office of the 
General Counsel, Federal Energy Regulatory Commission, 888 First Street 
NE, Washington, DC 20426, (202) 502-8387, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    1. On November 17, 2016, the Federal Energy Regulatory Commission 
(Commission) issued Order No. 831 concerning offer caps in Regional 
Transmission Organization (RTO) and Independent System Operator (ISO) 
markets,\1\ which was published in the Federal Register on December 5, 
2016. Order No. 831 amended 18 CFR 35.28 by adding new paragraph 
(g)(9).
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    \1\ Offer Caps in Markets Operated by Regional Transmission 
Organizations and Independent System Operators, Order No. 831, FERC 
Stats. & Regs. ] 31,387 (2016) (cross-referenced at 157 FERC ] 
61,115), order on reh'g and clarification, Order No. 831-A, 82 FR 
53403 (Nov. 16, 2017), FERC Stats. & Regs. ] 31,394 (2017).
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    2. On November 9, 2017, the Commission issued Order No. 831-A,\2\ 
which was published in the Federal Register on November 16, 2017. Order 
No. 831-A further revised 18 CFR 35.28(g)(9) regarding offer caps.
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    \2\ Order No. 831-A, FERC Stats. & Regs. ] 31,394.
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    3. On February 15, 2018, the Commission issued Order No. 841 
concerning electric storage participation in RTO/ISO markets,\3\ which 
was published in the Federal Register on March 6, 2018. Order No. 841 
amended 18 CFR 35.28(g) by adding a further new paragraph, which was 
also numbered (g)(9).\4\ As a result, the regulatory text adopted in 
Order No. 841 incorrectly replaced--rather than added to--the 
regulatory text adopted in Order Nos. 831 and 831-A.
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    \3\ Electric Storage Participation in Markets Operated by 
Regional Transmission Organizations and Independent System 
Operators, Order No. 841, 83 FR 9580 (Mar. 6, 2018), FERC Stats. & 
Regs. ] 31,398 (2018) (cross-referenced at 162 FERC ] 61,127).
    \4\ On February 28, 2018, the Commission issued an Errata Notice 
for Order No. 841. Electric Storage Participation in Markets 
Operated by Regional Transmission Organizations and Independent 
System Operators, Errata Notice, Docket Nos. RM16-23-000, AD16-20-
000 (Feb. 28, 2018). Among other things, the Errata Notice revised 
18 CFR 35.28(g)(9).
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    4. In this Correcting Amendment, 18 CFR 35.28(g) is corrected by 
restoring the regulatory text from Order Nos. 831 and 831-A as new 
paragraph 18 CFR 35.28(g)(11). Nothing in this Correcting Amendment is 
intended to alter any previous compliance requirements or effective 
dates established under Order Nos. 831, 831-A, or 841, nor does this 
Correcting Amendment affect any tariff changes previously accepted by 
the Commission in compliance with these orders.

List of Subjects in 18 CFR Part 35

    Electric power rates, Electric utilities, Non-discriminatory open 
access transmission tariffs.

    By the Commission. Commissioner McIntyre is not voting on this 
order.

    Issued: November 16, 2018.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, 18 CFR part 35 is corrected by 
making the following correcting amendments:

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

0
1. The authority citation for part 35 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352.


0
2. Amend Sec.  35.28 by adding a new paragraph (g)(11) to read as 
follows:


Sec.  35.28  Non-discriminatory open access transmission tariff.

* * * * *
    (g) * * *
    (11) A resource's incremental energy offer must be capped at the 
higher of $1,000/MWh or that resource's cost-based incremental energy 
offer. For the purpose of calculating Locational Marginal Prices, 
Regional Transmission Organizations and Independent System Operators 
must cap cost-based incremental energy offers at $2,000/MWh. The actual 
or expected costs underlying a resource's cost-based incremental energy 
offer above $1,000/MWh must be verified before that offer can be used 
for purposes of calculating Locational Marginal Prices. If a resource 
submits an incremental energy offer above $1,000/MWh and the actual or 
expected costs underlying that offer cannot be verified before the 
market clearing process begins, that offer may not be used to calculate 
Locational Marginal Prices and the resource would be eligible for a 
make-whole payment if that resource is dispatched and the resource's 
actual costs are verified after-the-fact. A resource would also be 
eligible for a make-whole payment if it is dispatched and its verified 
cost-based incremental energy offer exceeds $2,000/MWh. All resources, 
regardless of type, are eligible to submit cost-based incremental 
energy offers in excess of $1,000/MWh.

[FR Doc. 2018-25584 Filed 11-23-18; 8:45 am]
BILLING CODE 6717-01-P