On December 5, 2017, FERC approved a trio of proposed revisions to the Open Access Transmission, Energy, and Operating Reserve Markets Tariff (“Tariff”) of the Midcontinent Independent System Operator, Inc. (“MISO”).  These revisions all pertained to MISO’s Competitive Developer Selection Process, memorialized in Tariff Attachment FF, which sets out the process for identifying certain transmission facilities within a regional transmission project as well as qualified developers to construct the facilities.  FERC approved the proposed revisions after finding that they would improve MISO’s Competitive Developer Selection Process and make it more efficient. Continue Reading FERC Approves MISO Tariff Revisions Related to its Competitive Developer Selection Process

On November 17, 2017, FERC conditionally accepted a proposal filed by the PJM Interconnection, LLC (“PJM”) to establish pseudo-tie requirements for new external resources desiring to participate in PJM’s forward capacity auction, as well as a transition period to allow existing “pseudo-tie” resources to comply with the new requirements.  PJM’s proposal was given a May 9, 2017 effective date, provided that it submits further compliance filings addressing FERC’s concerns in its order. Continue Reading FERC Conditionally Accepts PJM’s Pseudo-Tie Requirements for External Resources Participating in Forward Capacity Auctions

On November 3, 2017, FERC largely denied rehearing requests from a group of generation developers (“Generation Developers”) regarding the Midcontinent Independent System Operator, Inc.’s (“MISO”) revisions to its Generator Interconnection Procedures (“GIP”) and its pro forma Generator Interconnection Agreement (“GIA”).  With the exception of one issue, FERC otherwise rejected the Generation Developers requests that FERC reconsider prior MISO revisions regarding the efficiency and timeliness of MISO’s generator interconnection queue process contained in Attachment X of its Open Access Transmission, Energy and Operating Reserve Markets Tariff (“Tariff”). Continue Reading FERC Largely Denies Rehearing Request to Change Existing MISO Generator Interconnection Procedures

On October 19, 2017, FERC ordered Southwest Power Pool, Inc. (“SPP”) to revise its Open Access Transmission Tariff (“OATT”) to provide that network customers with service subject to redispatch can only obtain Auction Revenue Rights (“ARRs”) and Long-Term Congestion Rights (“LTCRs”) for those times and in the amounts that service can be provided without redispatch. Continue Reading FERC Directs SPP to Change Eligibility for Certain Transmission Rights

On October 13, 2017, a group of transmission owners in the Southwest Power Pool, Inc. (“SPP”) filed a complaint with FERC under Section 206 of the Federal Power Act alleging that SPP’s Open Access Transmission Tariff (“Tariff”) is unjust and unreasonable because it lacks cost-shifting protections when new transmission owners join existing SPP transmission pricing zones.  To correct this alleged “loophole,” the complainants propose a new rate schedule for new transmission owners that are placed into existing zones. Continue Reading SPP Transmission Owners File FERC Complaint Over Alleged Cost Shifting

On October 6, 2017, FERC approved the New York Independent System Operator, Inc. (“NYISO”) and PJM Interconnection, L.L.C.’s (“PJM”; together with NYISO, “RTOs”) revisions to their Joint Operating Agreement (“JOA”), and NYISO’s revisions to its Market Administration and Control Area Services Tariff (“Tariff”), that address interchange schedule and Market-to-Market (“M2M”) coordination at the ABC and JK Interfaces on the border of northern New Jersey and southeastern New York.  Specifically, FERC found that the RTOs’ proposal to implement a wheeling arrangement over a newly formed PJM-NY AC Proxy Bus and to establish an Operational Base Flow (“OBF”) over the Interfaces was just and reasonable. Continue Reading FERC Approves Plan to Address Congestion Management Between NYISO and PJM

On October 6, 2017, FERC rejected the New England transmission owners’ (“NETOs”) amended compliance filing to reinstate their previous FERC-issued returns on equity (“ROE”), which were lowered due to a now-vacated FERC order.  FERC found that reinstating the original ROE would complicate the backdating process for which refunds or surcharges would be ordered and instead ordered the NETOs to continue collecting under their current, pending ROEs. Continue Reading FERC Denies ROE Change for New England Transmission Owners

On October 6, 2017, FERC rejected without prejudice Southwest Power Pool, Inc.’s (“SPP”) proposed tariff revisions and a cost sharing agreement related to two transmission projects with Associated Electric Cooperative (“AECI”), a rural electric cooperative that has member cooperatives in Missouri, Iowa, and Oklahoma, and City Utilities of Springfield, Missouri (“City Utilities”), a non-public utility that is a transmission-owning member of SPP.  AECI is not a member of SPP.  FERC found that SPP’s proposal did not allocate the costs of the proposed transmission projects to its beneficiaries in a “roughly commensurate” manner.  For this reason, FERC rejected SPP’s tariff revisions and cost sharing agreement without prejudice.  FERC’s action is notable in that cross-border projects have been few and far between in the post-Order No. 1000 world of transmission planning, and FERC might be expected to tout the success of its planning initiatives.  FERC nonetheless found the cost allocation proposals to have serious shortcomings.  Continue Reading FERC Rejects SPP’s Cost Allocation Plan for Two Interregional Transmission Projects

On September 27, 2017, FERC issued an order granting a request from the New York Independent System Operator, Inc. (“NYISO”) to waive certain sections of its Market Administration and Control Area Services Tariff (“Tariff”) as they pertain to particular transmission shortage cost provisions.  NYISO submitted the waiver request in January 2017 to allow time to correct certain discrepancies with its Tariff and software used to resolve transmission constraints.  Continue Reading FERC Grants NYISO Waiver Request on Transmission Shortage Cost Provisions While NYISO Resolves Inconsistencies

On September 28, 2017, FERC accepted the change in status filing submitted by Portland General Electric Company (“Portland General”) and granted Portland General authorization to transact at market-based rates in the Energy Imbalance Market (“EIM”) administered by California Independent System Operator Corporation (“CAISO”).  Portland General’s change in status filing included a market power analysis examining the entire EIM footprint, as well as an analysis that the Portland General balancing authority area (“BAA”) will not be a submarket within the EIM, once Portland General begins its participation in the EIM on October 1, 2017. Continue Reading FERC Confirms Portland General Electric Company’s Market-Based Rate Authority to Bid into EIM