On September 8, 2017, FERC rejected an unexecuted amendment to an interconnection service agreement (“Agreement”), which PJM Interconnection, LLC (“PJM”) filed on behalf of Hudson Transmission Partners, LLC (“HTP”). The amended Agreement sought to allow HTP to convert 320 MW of Firm Transmission Withdrawal Rights to Non-Firm Transmission Withdrawal Rights—a conversion opposed by another party to the Agreement, Public Service Electric and Gas Company (PSEG), due to its alleged potential impact on PJM’s pending Regional Transmission Expansion Plan (RTEP) cost allocation proceedings. Along with its rejection of the amended Agreement, FERC initiated a Federal Power Act (“FPA”) Section 206 proceeding into whether the Agreement, and PSEG’s withholding of consent for the conversion, unjustly and unreasonably restrict HTP’s ability to convert its Firm Transmission Withdrawal Rights. Continue Reading FERC Commences Look Into Proposed Conversion of PJM Transmission Withdrawal Rights

On September 7, 2017, FERC accepted an Implementation Agreement between the California Independent System Operator Corporation (“CAISO”) and Powerex Corp. (“Powerex”), setting forth the terms under which CAISO will work toward Powerex’s participation in CAISO’s Energy Imbalance Market (“EIM”). Continue Reading FERC Accepts Implementation for Powerex Participation in Western Imbalance Market

On September 7, 2017, FERC rejected, without prejudice, Midcontinent Independent System Operator, Inc.’s (“MISO”) proposed tariff revisions regarding its generator interconnection process.  FERC found that MISO did not provide sufficient support in its filing to demonstrate that the reductions for its study procedures timeline are just and reasonable. Continue Reading FERC Rejects Revisions to MISO’s Generator Interconnection Review Process Due to Lack of Justification

On September 1, 2017, FERC rejected without prejudice the California Independent System Operator Corporation’s (“CAISO”) April 18, 2017 proposal to revise the CAISO Tariff to create a new class of participating transmission owner (“PTO”) called the “Certified Small PTO,” whose low-voltage, generator-interconnection-driven network upgrade costs would be allocated regionally, rather than locally. Continue Reading FERC Rejects CAISO Tariff Amendments Creating New Class of Participating Transmission Owner

On September 7, 2017, the Senate Committee on Energy and Natural Resources (“Committee”) held a hearing to consider the nominations of Kevin McIntyre and Richard Glick—President Trump’s final nominees for FERC Commissioner.  Mr. McIntyre and Mr. Glick, who were joined by two nominees also being considered for Department of Interior positions, fielded questions from Committee members but largely avoided opining on matters currently pending at FERC.  Knowing that FERC only just recently reestablished the required quorum to resume regular business (see August 11, 2017 edition of the WER), Committee Chairman Sen. Lisa Murkowski (R-AK) stated that she was eager to advance the FERC nominees to the full Senate for confirmation. Continue Reading Senate Committee on Energy and Natural Resources Holds Hearing to Consider FERC Nominees

On August 10, 2017, Robert Powelson was officially sworn-in as a FERC Commissioner, restoring the three-Commissioner quorum necessary for FERC to resume regular business and vote on matters before it.  Commissioner Powelson joins Commissioner Neil Chatterjee, who was sworn in on August 8, 2017, and Commissioner Cheryl LaFleur.  On the same day as Commissioner Powelson’s swearing-in, President Trump named Commissioner Chatterjee to be Chairman until one of the remaining FERC Commissioner nominees, Kevin McIntyre, is confirmed by the Senate and sworn in. Continue Reading FERC Quorum Restored Following the Swearing-in of Commissioner Powelson; Commissioner Chatterjee Named Interim Chairman

On the evening of August 3, 2017, the U.S. Senate voted unanimously to confirm Neil Chatterjee and Robert Powelson, two of President Donald Trump’s nominees to join Acting Chairman Cheryl LaFleur as FERC Commissioners.  Once Chatterjee and Powelson are officially sworn in at the Commission, the quorum that has been lacking since former Chairman Norman Bay resigned earlier this year will be restored, enabling the Commission to vote on matters before it.  On September 7, 2017, the Senate Committee on Energy and Natural Resources also is scheduled to consider the nominations of Richard Glick and Kevin McIntyre—the final two nominees for the five-member Commission whose names the White House sent to the Senate in August. Continue Reading FERC Quorum Soon to Be Restored as Senate Confirms Neil Chatterjee and Robert Powelson to Serve as Commissioners

On July 25, 2017, two weeks after an Illinois federal judge issued a similar ruling, the U.S. District Court of the Southern District of New York (“District Court”) issued an order dismissing challenges to a New York state “zero emission credit” (“ZEC”) program established by the New York Public Service Commission (“NYPSC”).  As with the Illinois court’s decision regarding the Illinois ZEC program (see July 25, 2017 edition of the WER), the District Court found the New York ZEC program constitutional and determined that the challengers lacked a private right of action to challenge the New York ZEC program on preemption and dormant commerce clause grounds.  Nevertheless, the District Court reached, and rejected, the merits of those challenges. On August 24, 2017 the case was appealed to the U.S. Court of Appeals for the Second Circuit.  Continue Reading Federal District Court Dismisses Challenges to New York ZEC Program

On July 20, 2017, the D.C. Court of Appeals (the “Court”) upheld the Public Service Commission of the District of Columbia’s (the “DCPSC”) approval of the merger between Exelon Corporation and Pepco Holdings, Inc. (“Applicants”).  Specifically, the Court held that the DCPSC provided adequate notice to the public of hearings on the merger and the DCPSC adequately explained how its decisions were in the public interest. Continue Reading D.C. Court of Appeals Rejects Challenges to Exelon-Pepco Merger

On July 23, 2017, the Southwest Power Pool, Inc. (“SPP”) Board of Directors and Members Committee voted to authorize SPP President and Chief Executive Officer Nick Brown to terminate the Regional Delegation Agreement (“RDA”) between SPP and the North American Electric Reliability Corporation (“NERC”), which would effectively dissolve the SPP Regional Entity (“SPP RE”)—an independent and functionally separate division of SPP.  The SPP RE Trustees approved a resolution on July 24, 2017, endorsing the decision.

Continue Reading SPP to Dissolve its Regional Entity Function by December 31, 2018