Notice2021-22729
Notice of Filing Taking Effect by Operation of Law
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 19, 2021
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 86 Issue 199 (Tuesday, October 19, 2021)</title>
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[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Notices]
[Pages 57821-57822]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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</html>Indexed from Federal Register on October 19, 2021.
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