FR 2021-04149

The document in question is a notice from the Federal Energy Regulatory Commission (FERC), published in the Federal Register, regarding a request from Michigan State University's Board of Trustees. The petition, filed on February 19, 2021, seeks a waiver of specific filing requirements for qualifying cogeneration facilities, effective from April 16, 2006. This type of petition asks the Commission to declare an order that would modify the regulatory requirements normally applied to certain facilities owned by Michigan State University.

General Summary

In essence, the Board of Trustees of Michigan State University is asking for a special exemption from some of the typical paperwork that is required under federal energy regulations. By obtaining a "declaratory order" from the FERC, they hope to simplify certain procedural obligations related to cogeneration facilities—places that simultaneously produce electricity and useful thermal energy, like heating or cooling.

Significant Issues and Concerns

Several concerns arise from the document:

• Lack of Contextual Information: The petition does not provide background or specific reasons why Michigan State University needs this waiver. This absence may leave readers questioning the necessity or reasoning behind the request.

• Complex Legal References: The document references specific sections of the Code of Federal Regulations (CFR) without explaining what they cover. This can be challenging for individuals not familiar with legal or regulatory language.

• Legal Jargon: Terms such as "intervention," "motion to intervene," and "notice of intervention" are used without explanation, potentially leaving the average reader confused about how to participate in the process.

• Electronic Filing Details: While electronic submissions are encouraged, the document provides limited guidance for those unsure how to file comments or interventions electronically.

• Unclear Waiver Parameters: The term "limited waiver" is used but not defined, which may cause confusion regarding what is being waived and its implications.

• Access to Documents: The suspension of the Public Reference Room due to COVID-19 restrictions is noted, yet no alternatives are offered for those needing physical access.

Potential Impact on the Public

For the general public, the procedural nature of this notice may seem distant, affecting them only indirectly. However, cogeneration facilities are often a part of broader energy infrastructure. Changes in regulatory procedures could influence energy costs or environmental regulations, eventually reaching consumers.

Impact on Specific Stakeholders

• Environmental Advocates: They may view waiver requests such as this through a lens of scrutiny, concerned about potential environmental impacts if regulatory oversight is lessened.

• Academic Institutions: Other universities with similar facilities might see this as a precedent, influencing their own actions or regulatory strategies.

• Legal and Energy Professionals: Attorneys and energy sector professionals will likely follow the outcome closely, as it could indicate shifts in regulatory practices and open avenues for similar requests from other entities.

In summary, this document reflects an intersection of academic institutional interests and federal regulatory frameworks. While the immediate effects might be confined to the entities directly involved, the implications could ripple outward, affecting how similar cases are handled in the future. The ambiguous aspects of the notice highlight the importance of clarity, both for public transparency and stakeholder engagement.