[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Notices]
[Pages 57821-57822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22729]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice of Filing Taking Effect by Operation of Law

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                                                   Docket Nos.
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Alabama Power Company.................  ER21-1111-002
Dominion Energy South Carolina, Inc...  ER21-1112-002
Louisville Gas and Electric Company...  ER21-1114-002
Duke Energy Carolinas, LLC............  ER21-1116-002
Duke Energy Progress, LLC.............  ER21-1117-002
Georgia Power Company.................  ER21-1119-002
Kentucky Utilities Company............  ER21-1120-002
Mississippi Power Company.............  ER21-1121-002
                                        (Not Consolidated)
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    On February 12, 2021, as amended on June 7, 2021, and August 11, 
2021, Southern Company Services, Inc., as agent for Alabama Power 
Company, filed, pursuant to section 205 of the Federal Power Act (FPA) 
\1\ and section 35.12 of the Commission's regulations,\2\ the Southeast 
Energy Exchange Market (Southeast EEM) Agreement on behalf of itself 
and the other prospective Members (collectively, Filing Parties) of the 
Southeast EEM.\3\ Additionally, on February 12, 2021, as amended on 
June 7, 2021, and August 11, 2021, seven prospective Southeast EEM 
Members submitted certificates of concurrence to the Southeast EEM 
Agreement.\4\
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    \1\ 16 U.S.C. 824d (2018).
    \2\ 18 CFR 35.12 (2020).
    \3\ According to Filing Parties, the following entities 
constitute the prospective Members of the Southeast EEM: Alabama 
Power Company, Georgia Power Company, and Mississippi Power Company 
(collectively, Southern Companies); Associated Electric Cooperative, 
Inc.; Dalton Utilities; Dominion Energy South Carolina, Inc. 
(Dominion Energy SC); Duke Energy Carolinas, LLC (DEC) and Duke 
Energy Progress, LLC (DEP); Louisville Gas and Electric Company 
(LG&E) and Kentucky Utilities Company (KU); North Carolina Municipal 
Power Agency Number 1; PowerSouth Energy Cooperative; North Carolina 
Electric Membership Corporation; and Tennessee Valley Authority 
(each a Member and collectively, the Members).
    \4\ See Dominion Energy SC, Tariff Filing, Docket No. ER21-1112-
002 (filed Aug. 11, 2021); LG&E, Tariff Filing, Docket No. ER21-
1114-002 (filed Aug. 11, 2021); DEC, Tariff Filing, Docket No. ER21-
1116-002 (filed Aug. 11, 2021); DEP, Tariff Filing, Docket No. ER21-
1117-002 (filed Aug. 11, 2021); Georgia Power Company, Tariff 
Filing, Docket No. ER21-1119-002 (filed Aug. 11, 2021); KU, Tariff 
Filing, Docket No. ER21-1120-002 (filed Aug. 11, 2021); Mississippi 
Power Company, Tariff Filing, Docket No. ER21-1121-002 (filed Aug. 
11, 2021). Where two or more public utilities are parties to the 
same rate schedule or tariff, the Commission permits one public 
utility to file such rate schedule or tariff and all other parties 
obligated to file such rate schedule or tariff to file a certificate 
of concurrence adopting the filed rate schedule or tariff in lieu of 
filing a duplicative rate schedule or tariff. 18 CFR 35.1(a) (2020).

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[[Page 57822]]

    Pursuant to section 205 of the FPA, in the absence of Commission 
action on or before October 11, 2021, the proposed Southeast EEM 
Agreement and concurrences thereto became effective by operation of 
law. Accordingly, the effective date of the proposed tariff sheets is 
October 12, 2021, as reflected in these tariff sheets.
    The Commission did not act on the proposed Southeast EEM Agreement 
and concurrences thereto because the Commissioners are divided two 
against two as to the lawfulness of the change. Consistent with section 
205(g)(1)(B) of the FPA, any written statement explaining the views of 
a Commissioner with respect to Filing Parties' proposal will be added 
to the record of the Commission in the captioned proceedings.

    Dated: October 13, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-22729 Filed 10-18-21; 8:45 am]
BILLING CODE 6717-01-P