Washington Energy Report > Troutman Sanders LLP

FERC Grants IPL’s MATS-Related Waiver of MISO Resource Adequacy Requirements

On October 15, 2014, the Commission granted Indianapolis Power & Light Company’s (“IPL”) request for a limited, one-time waiver of certain provisions of the Midcontinent Independent System Operator’s (“MISO”) Open Access Transmission Tariff (“OATT”) in connection with IPL’s retirement of Eagle Valley coal units 3-6 (“Eagle Valley”) to comply with the EPA’s Mercury and Air Toxics Standards (“MATS”). [Read more →]

October 27, 2014   Comments Off

FERC Staff Releases Reports in Advance of RTO/ISO Pricing Workshop

On October 21, 2014, FERC Staff released two reports entitled Shortage Pricing in RTO and ISO Markets, and Energy Offer Mitigation in RTO and ISO Markets.  The reports are intended to spur discussion at FERC’s October 28, 2014 workshop on scarcity and shortage pricing, offer mitigation, and offer caps in Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”). [Read more →]

October 24, 2014   Comments Off

FERC Allows SPP to Consider Certain State and Local Laws and Regulations in Transmission Planning Process

On October 16, 2014, the Commission accepted in part Southwest Power Pool’s (“SPP”) proposed revisions to its Open Access Transmission Tariff (“OATT”) in compliance with Order No. 1000, and determined that SPP could consider certain state and local laws and regulations in the early stages of its competitive solicitation process for transmission planning. [Read more →]

October 17, 2014   Comments Off

FERC Confirms ROE for ISO New England Transmission Owners, Sets MISO ROE for Hearing

On October 16, 2014, FERC issued two separate orders addressing the base return on equity (“ROE”) for (1) the New England transmission owners (“NETOs”) operating in ISO-New England Inc., and (2) certain transmission-owning members of the Midcontinent Independent System Operator, Inc. (“MISO TOs”).  In the NETO order, FERC determined that the base ROE should be set at 10.57 percent.  In the MISO TO order, FERC found that the complaint raises material issues of fact regarding whether the current base ROE of 12.38 percent remains just and reasonable, and therefore set the matter for hearing. [Read more →]

October 17, 2014   Comments Off

FERC Accepts Bonneville Wind Curtailment “Oversupply Management” Policy Through 2015; Encourages Development of Long-Term Solution

On October 16, 2014 FERC issued an order accepting Bonneville Power Administration’s (“BPA”) revised Oversupply Management Protocol (“OMP”) and OS-14 Oversupply Rate (“OS-14 Rate”) as a compliance filing under FPA Section 211A standards.  The Commission also issued an order approving the OS-14 rate under BPA’s Northwest Power Act rate standards.  In making the approval, FERC stated that its acceptance of the BPA’s OMP remains an interim solution and that the Revised OMP expires on September 30, 2015.  If BPA desired to extend the use of OMP beyond that date, it will be required to file a request to do so with FERC, explaining why the continued use of OMP is justified.  FERC encouraged BPA to continue to work toward a “mutually agreeable long-term solution to manage oversupply conditions rather than continuing to rely on involuntary curtailment.” [Read more →]

October 17, 2014   Comments Off

Ohio Supreme Court Rules that Ohio Power can Recover Transmission Service Charge from Former Customers Over a Three-Year Period

On October 7, 2014, the Ohio Supreme Court unanimously affirmed a ruling by the Public Utilities Commission of Ohio (“PUCO”) that permitted Ohio Power to recover $36 million in transmission costs from ratepayers who had “shopped” for alternative generation providers, in addition to those ratepayers who purchased generation service from Ohio Power, during the period of July 2011 through June 2012. [Read more →]

October 14, 2014   Comments Off

Large Public Power Council Petitions D.C. Circuit for En Banc Review of Order No. 1000 Decision

On September 29, 2014, the Large Public Power Council (“LPPC”) filed a petition requesting for en banc review of the United States Court of Appeals for the District of Columbia Circuit’s (“D.C. Circuit”) determination to uphold FERC’s Order No. 1000.  The petition exclusively addresses the D.C. Circuit panel’s decision affirming FERC’s approach to cost allocation for new transmission facilities. [Read more →]

October 13, 2014   Comments Off

Federal District Court Dismisses State’s Challenge to EPA’s GHG Rule

On October 6, 2014, a federal district court in Nebraska dismissed the state of Nebraska’s lawsuit challenging the Environmental Protection Agency’s (“EPA”) proposed rule that would limit emissions of carbon dioxide from newly-built fossil fuel-powered generators.  The court ruled that the state of Nebraska’s challenge “jumped the gun” and would have to wait until there was a final agency action. [Read more →]

October 13, 2014   Comments Off

FERC Grants Approval for Cove Point LNG Export Terminal

On September 29, 2014, FERC authorized Dominion Cove Point LNG, LP (“Dominion Cove Point”) to build and operate its proposed Cove Point Liquefaction Project, which would allow Dominion Cove Point to export up to approximately 5.75 million metric tons of gas each year from its LNG terminal facilities located in Calvert County, Maryland.  According to Dominion Cove Point, the company has already accepted FERC’s order, and has indicated that it intends to complete construction of the project so that the facilities can start exporting LNG in June of 2017.  [Read more →]

October 3, 2014   Comments Off

NERC Identifies Natural Gas Interruption, Generator Design as Key Vulnerabilities in Assessing Impact of 2013-2014 Polar Vortex on Generator Performance

On September 30, 2014, the North American Electric Reliability Corporation (“NERC”) published an analysis of the impacts of the 2013-2014 Polar Vortex on generator performance in the Eastern and Texas Interconnections, and made recommendations as to how to improve performance during future extreme cold weather events. [Read more →]

October 3, 2014   Comments Off