Washington Energy Report

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FERC Rejects MISO Interregional Cost Allocation Proposal; Directs Further Compliance Filings

By Katherine O'Konski on July 18, 2019

On June 24, 2019, FERC issued an order rejecting, without prejudice, Midcontinent Independent System Operator’s (“MISO”) and the MISO Transmission Owners’ (“MISO TOs”) proposal to allocate MISO’s share of the costs of certain interregional economic transmission projects with PJM Interconnection, L.L.C. (“PJM”) and Southwest Power Pool, Inc. within the MISO footprint (“Interregional Cost Allocation Proposal”). FERC explained that it rejected the Interregional Cost Allocation Proposal because it referenced and relied on certain provisions contained within…

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FERC Rejects MISO Tariff Revisions Regarding Cost Allocation for Regional and Local Economic Transmission Projects

By Tom Marshall & Elizabeth McCormick on July 18, 2019

On June 24, 2019, FERC rejected the Midcontinent Independent System Operator, Inc.’s (“MISO”) and the MISO Transmission Owners’ (collectively, “Filing Parties”) tariff revisions regarding cost allocation for regional and local economic transmission projects, finding that the cost allocation methodology related to the Filing Parties’ newly proposed Local Economic Project category was inconsistent with the cost-causation principle. FERC rejected the Filing Parties’ filing as a whole based on the above finding, however FERC did provide guidance…

Washington Energy Report

Federal District Court Denies Interlocutory Appeal Regarding the Statute of Limitations for FERC Enforcement Actions

By Sidney Villanueva & Russell Kooistra on July 18, 2019

On June 26, 2019, the U.S. District Court of Maine (“District Court”) denied a motion for leave to file an interlocutory appeal to the U.S. Court of Appeals for the First Circuit (“First Circuit”) ultimately concerning whether FERC’s enforcement action against Competitive Energy, LLC and its managing member Richard Silkman (collectively, “Respondents”) was time-barred. The District Court previously denied two motions for summary judgment, relying on the First Circuit’s decision in United States v. Meyer…

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FERC Rejects PJM’s Changes to Price Responsive Demand Rules

By Miriam Archibong & Adrienne Thompson on July 18, 2019

On June 27, 2019, FERC rejected PJM Interconnection, L.L.C.’s (“PJM”) proposed revisions to its Open Access Transmission Tariff and Reliability Assurance Agreement Among Load Serving Entities in the PJM Region that would have required demand resources to be available year-round. PJM argued that the proposed revisions better aligned its Price Responsive Demand (“PRD”) program with the year-around availability obligation of other supply-side “Capacity Performance Resources” participating in PJM’s capacity market. On review, however, FERC agreed…

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FERC Approves New NERC Cyber Security Reliability Standard

By Tom Marshall & Elizabeth McCormick on June 27, 2019

On June 20, 2019, FERC issued a letter order granting its approval of the North American Electric Reliability Corporation’s (“NERC”) proposed Reliability Standard CIP-008-06 which broadens the mandatory reporting of cyber security incidents.…

Washington Energy Report

Commissioner LaFleur Announces She Will Leave FERC at the End of August

By Miriam Archibong & Russell Kooistra on June 27, 2019

On June 20, 2019, FERC Commissioner Cheryl LaFleur announced on Twitter that she will be leaving FERC at the end of August after serving on the Commission for nine years. She first announced her intent to leave the Commission in January of this year. In her recent announcement, Commissioner LaFleur noted that the July open meeting will be her last meeting as a commissioner. FERC currently has four members—Commissioners Neil Chatterjee and Bernard McNamee, who…

Washington Energy Report

FERC Permits MISO to Share Market Participant Information with Federal Agencies in Response to “Cyber Exigencies”

By Katherine O'Konski & Elizabeth McCormick on June 27, 2019

On June 20, 2019, FERC approved revisions to the Midcontinent Independent System Operator, Inc.’s (“MISO”) Tariff which permit MISO to share, without notice to its market participants, confidential information with federal cybersecurity authorities in response to detected cyber intrusions or weaknesses in electric utility infrastructure that have the potential to compromise reliability and call for immediate action. FERC concluded that MISO’s proposal allows for greater information sharing with the appropriate federal agencies before a potential…

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On Voluntary Remand, FERC Requires PJM to Refund Over-Collected Line Losses to Certain Financial Marketers

By Meghan Mandel on June 27, 2019

On June 20, 2019, FERC issued an Order on Voluntary Remand from the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) directing PJM Interconnection, L.L.C. (“PJM”) to refund certain line loss over-collection amounts to certain virtual traders. Upon re-examining its refund authority in light of recent court precedent, FERC determined that it has greater discretion to order refunds in cost allocation and rate design proceedings than it previously had determined.…

Washington Energy Report

FERC Approves Formula Rate and Transmission Incentives to Transmission-Only Company That Won Order No. 1000 Solicitation

By Tom Marshall on June 20, 2019

On June 11, 2019, FERC accepted Republic Transmission LLC’s (“Republic”) proposed transmission formula rate (“Formula Rate”) that will be incorporated into Midcontinent Independent Transmission System Operator, Inc.’s (“MISO”) tariff when Republic becomes a transmission owner in MISO. Additionally, FERC granted Republic’s request for authorization to allow future affiliates or subsidiaries of Republic that undertake transmission projects in the MISO region to apply the Formula Rate, as well as the transmission rate incentives previously granted to…

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California Bankruptcy Judge Rules FERC Lacks Jurisdiction Over Abrogation of PG&E’s Wholesale Power Agreements

By Miriam Archibong & Elizabeth McCormick on June 20, 2019

On June 7, 2019, Judge Dennis Montali of the U.S. Bankruptcy Court of the Northern District of California San Francisco Division found that FERC’s finding that it had concurrent jurisdiction with the U.S. bankruptcy court over wholesale power agreements was “unenforceable in bankruptcy court and of no force on the parties before it.” Judge Montali further noted that if necessary, the U.S. bankruptcy court will “enjoin FERC from perpetuating its attempt to exercise power it…

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FERC Rejects MISO Interregional Cost Allocation Proposal; Directs Further Compliance Filings

FERC Rejects MISO Tariff Revisions Regarding Cost Allocation for Regional and Local Economic Transmission Projects

Federal District Court Denies Interlocutory Appeal Regarding the Statute of Limitations for FERC Enforcement Actions

FERC Rejects PJM’s Changes to Price Responsive Demand Rules

FERC Approves New NERC Cyber Security Reliability Standard

Commissioner LaFleur Announces She Will Leave FERC at the End of August

FERC Permits MISO to Share Market Participant Information with Federal Agencies in Response to “Cyber Exigencies”

On Voluntary Remand, FERC Requires PJM to Refund Over-Collected Line Losses to Certain Financial Marketers

FERC Approves Formula Rate and Transmission Incentives to Transmission-Only Company That Won Order No. 1000 Solicitation

California Bankruptcy Judge Rules FERC Lacks Jurisdiction Over Abrogation of PG&E’s Wholesale Power Agreements

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