[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Notices]
[Pages 18046-18047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07136]


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DEPARTMENT OF ENERGY

[DOE Docket No. 202-21-1]


Emergency Order Issued to the Electric Reliability Council of 
Texas (ERCOT) To Operate Power Generating Facilities Under Limited 
Circumstances in Texas as a Result of Extreme Weather

AGENCY: Office of Electricity, Department of Energy.

ACTION: Notice of emergency action.

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SUMMARY: The U.S. Department of Energy is issuing this Notice to 
document emergency actions that it has taken pursuant to the Federal 
Power Act (FPA).

ADDRESSES: Requests for more information should be addressed by 
electronic mail to [email protected].

FOR FURTHER INFORMATION CONTACT: For further information on this 
Notice, or for information on the emergency activities related to the 
Order, contact Christopher Lawrence, 202-586-5260, 
[email protected], or by mail to the attention of 
Christopher Lawrence, OE-20, 1000 Independence Ave. SW, Washington, DC 
20585. Due to limited access to DOE facilities because of current 
COVID-19 restrictions, contact via phone or email is preferred.
    The Order and all related information are available here: https://www.energy.gov/oe/downloads/federal-power-act-section-202c-ercot-february-2021.

SUPPLEMENTARY INFORMATION: Pursuant to 10 CFR 1021.343(a), the U.S. 
Department of Energy (the Department) is issuing this Notice to 
document emergency actions taken. Under FPA section 202(c) [d]uring the 
continuance of a war in which the United States is engaged, or whenever 
the [Secretary of Energy] determines that an emergency exists by reason 
of a sudden increase in the demand for electric energy, or a shortage 
of electric energy or of facilities for the generation or transmission 
of electric energy, or of fuel or water for generating facilities, or 
other causes, the [Secretary of Energy] shall have authority . . . to 
require by order such

[[Page 18047]]

temporary connections of facilities and generation, delivery, 
interchange, or transmission of electric energy as in its judgment will 
best meet the emergency and serve the public interest.
    On February 14, 2021, the Electric Reliability Council of Texas 
(ERCOT), the Independent System Operator (ISO) whose service territory 
includes 90 percent of the electric customers in the state of Texas, 
filed a Request for Emergency Order Under Section 202(c) of the Federal 
Power Act (Application) with the Department ``to preserve the 
reliability of bulk electric power system.'' In its Application, ERCOT 
cited unprecedented low temperatures facing Texas and the surrounding 
region that would lead to electric demand outpacing available 
generation. In its Application, ERCOT noted that numerous generation 
units would be unable to operate at full capacity without violating 
federal air quality or other permit limitations. Therefore, ERCOT 
requested that the Secretary issue an order immediately, effective 
February 14, 2021, through February 19, 2021, authorizing ``the 
provision of additional energy from all generation units subject to 
emissions or other permit limits'' in the ERCOT region.
    After review of the facts and ERCOT policy and procedure, the 
Acting Secretary of Energy issued an emergency order (the Order) on 
February 14, 2021, directing ERCOT to dispatch necessary electric 
generation units and to order their operation only as needed to 
maintain the reliability of the power grid in the ERCOT region when the 
demand on the ERCOT system exceeds expected energy and reserve 
requirements.
    The Department required that ERCOT provide a report by March 1, 
2021, reporting all dates between February 14, 2021 and February 19, 
2021, on which the Specified Resources were operated, the hours of 
operation, and exceedance of permitting limits, including sulfur 
dioxide (SO2), nitrogen oxides (NOX), mercury 
(Hg), carbon monoxide (CO), and other air pollutants, as well as 
exceedances of wastewater release limits.
    According to the March 1, 2021, initial report, 27 of the 29 
generating units provided emissions data in excess of permit limits. 
The other two generating units did not exceed permitted levels. The 
total mass emissions that exceeded permit limits, summed over all 
generating units for the reporting period, are: 77.03 U.S. tons of 
NOX and 10.76 U.S. tons of CO. There were no exceedances for 
SO2, Hg, or PM10. These generating units are 
located in the Texas counties of Bosque, Calhoun, Fort Bend, Freestone, 
Harris, and Galveston. DOE will receive final data from ERCOT on March 
31, 2021. After receiving the final data from ERCOT on March 31, 2021, 
DOE will review the report and determine the appropriate level of 
National Environmental Policy Act (NEPA) review, including analysis of 
environmental justice issues.
    Procedural Background: The generating units (Specified Resources) 
to which this Order pertains were identified in the Order and can be 
found on the website identified above. Given the emergency nature of 
the expected load stress, the responsibility of ERCOT to ensure maximum 
reliability on its system, and the ability of ERCOT to identify and 
dispatch generation necessary to meet the additional load, the Acting 
Secretary determined additional dispatch of the Specified Resources was 
necessary to best meet the emergency and serve the public interest for 
purposes of FPA section 202(c). Because the additional generation may 
result in a conflict with environmental standards and requirements, the 
Acting Secretary authorized only the necessary additional generation, 
with reporting requirements as described below.
    FPA section 202(c)(2) requires the Secretary of Energy to ensure 
any FPA section 202(c) order that may result in a conflict with a 
requirement of any environmental law be limited to the ``hours 
necessary to meet the emergency and serve the public interest, and, to 
the maximum extent practicable,'' be consistent with any applicable 
environmental law and minimize any adverse environmental impacts. To 
minimize adverse environmental impacts, the Order limited operation of 
dispatched units to the times and within the parameters determined by 
ERCOT for reliability purposes.
    The Acting Secretary conditioned the Order by requiring ERCOT to 
report on actions taken pursuant to the Order regarding the 
environmental impacts of this Order and its compliance with the 
conditions of this Order, in each case as requested by the Department 
of Energy from time to time. On March 1, 2021, ERCOT reported all dates 
between February 14, 2021, and February 19, 2021, on which the 
Specified Resources were operated, the hours of operation, and 
exceedance of permitting limits, including SO2, 
NOX, Hg, CO, and other air pollutants as well as exceedances 
of wastewater release limits. ERCOT shall submit a final report by 
March 31, 2021, with any revisions to the information reported on March 
1, 2021. In addition, ERCOT shall provide information to the Department 
quantifying the net revenue associated with generation in excess of 
environmental limits accruing to non-RUC units in connection with 
orders issued by the Department pursuant to Section 202(c) of the 
Federal Power Act. The reports can viewed on the DOE website for this 
docket here: https://www.energy.gov/oe/downloads/federal-power-act-section-202c-ercot-february-2021.

Signing Authority

    This document of the Department of Energy was signed on April 1, 
2021 by Patricia A. Hoffman, Acting Assistant Secretary for the Office 
of Electricity, pursuant to delegated authority from the Secretary of 
Energy. That document with the original signature and date is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on April 2, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-07136 Filed 4-6-21; 8:45 am]
BILLING CODE 6450-01-P