News & Analysis as of

Energy Sector Federal Energy Regulatory Commission MISO

Paul Hastings LLP

FERC Finalizes Rule Eliminating Cost Recovery for Reactive Rates

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On October 17, 2024, the Federal Energy Regulatory Commission (FERC) issued its final rule on reactive power compensation (Order No. 904)[1], which finalized the plan outlined in its Notice of Proposed Rulemaking (NOPR) to...more

Baker Botts L.L.P.

FERC Revises ROE Methodology for Transmission Owners

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On October 17, 2024, the Federal Energy Regulatory Commission (Commission) issued an order revising the methodology for establishing the return on equity (ROE) for transmission owners (TOs) operating within the footprint of...more

Foley Hoag LLP

FERC April 2024 Open Meeting and May 2024 Open Meeting Preview

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On Thursday, April 18, 2024, in a departure from normal procedure, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two Sunshine Act Meeting Notices, publishing agendas for both the April 25, 2024...more

Foley Hoag LLP

FERC January 2024 Open Meeting Preview

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The Federal Energy Regulatory Commission (“FERC”) will host its January Open Meeting on Thursday, January 18, 2024. The Sunshine Act Meeting Notice (“Notice”) issued January 11, 2024, indicates that FERC intends to take...more

Vinson & Elkins LLP

Four Key Predictions for FERC’s 2024 Electricity Agenda

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Over the past few years, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) and the Department of Energy (“DOE”) have proposed many rules to support the Biden Administration’s push to build transmission...more

Troutman Pepper

FERC Institutes Show Cause Proceeding on ComEd’s Formula Rate Protocols

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On March 16, 2023, FERC found that Commonwealth Edison Company’s (“ComEd”) formula rate protocols under the PJM Interconnection, L.L.C. (“PJM”) Open Access Transmission Tariff (“OATT”) appear to be unjust and unreasonable and...more

Troutman Pepper

On Rehearing, FERC Accepts MISO’s Seasonal Resource Adequacy Construct

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On February 16, 2023, FERC addressed arguments raised on rehearing of its August 31, 2022, order accepting Midcontinent Independent System Operator, Inc.’s (“MISO”) proposal to establish a seasonal resource adequacy construct...more

Troutman Pepper

FERC Allows MISO Transmission Owners to Retroactively Terminate Reactive Power Compensation Back to December 2022

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On January 27, 2023, FERC approved the Midcontinent Independent System Operator, Inc. (“MISO”) Transmission Owners’ (“TOs”) proposal to terminate reactive power charges and compensation under MISO’s Open Access Transmission,...more

Troutman Pepper

FERC Commissioner Christie Renews Concerns Over Transmission Rate Incentives in MISO Transmission Expansion Plan Order

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On January 31, 2023, the Federal Energy Regulatory Commission (“Commission” or “FERC”) granted Great River Energy’s (“GRE”) requested incentive rate treatment for GRE’s investment in the Iron Range Project and Big Stone...more

Troutman Pepper

D.C. Circuit Court of Appeals Denies Transmission Developer Challenge to MISO Baseline Reliability Project Cost Allocation

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On August 19, 2022, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) denied a Petition for Review from LS Power and two other organizations (“Petitioners”) challenging FERC’s rejection of an earlier-submitted...more

Holland & Knight LLP

FERC and NERC Issue Critical Report on February 2021 Freeze

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At the open monthly meeting of the Federal Energy Regulatory Commission (FERC) on Sept. 23, 2021, a joint team composed of the staffs of FERC, the North American Electric Reliability Corporation (NERC) and NERC's various...more

Vinson & Elkins LLP

FERC Seeks Comments On Major Reforms To Regional Transmission Planning And Generator Interconnection Processes To Bolster...

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On July 15, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an Advanced Notice of Proposed Rulemaking (“ANOPR”), entitled “Building for the Future Through Electric Regional Transmission Planning and Cost.” The...more

Holland & Knight LLP

FERC Considers Bold Electric Transmission and Interconnection Reforms to Aid Renewables

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The Federal Energy Regulatory Commission (FERC) issued an Advance Notice of Proposed Rulemaking (ANOPR), "Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator...more

Troutman Pepper

FERC Issues Minor Revisions to Public Utility ROE Methodology

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On November 19, 2020, FERC issued Opinion No. 569-B, in which it made minor modifications to the discussion in, but largely reaffirmed, its previously-issued Opinion No. 569-A wherein FERC revised its return on equity (“ROE”)...more

Troutman Pepper

MISO Beefs Up Deliverability Requirements for Conventional Capacity Resources

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On October 27, 2020, FERC accepted Midcontinent Independent System Operator, Inc.’s (“MISO’s”) proposal to require conventional, non-intermittent capacity resources with Energy Resource Interconnection Service (“ERIS”) to...more

Sheppard Mullin Richter & Hampton LLP

FERC Rejects MISO’s Proposed Restrictions on Joining the Development Queue

Securing interconnection and transmission rights and completing related upgrades is often the longest lead-time item in an electric generator’s development timeline. At the same time, many potential new power plants are being...more

Alston & Bird

FERC Issues Notices of Inquiry on Electric Transmission Incentives and Calculating Return on Equity

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Our Energy Group interprets the Federal Energy Regulatory Commission’s two latest notices of inquiry seeking comments on changes to a decade-old transmission incentive policy and how to respond to a federal court decision...more

Stoel Rives - Renewable + Law

FERC Issues NOPR to Eliminate Horizontal Market Screens for Certain MBR Sellers

The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) on December 20 proposing changes to its regulations regarding the horizontal market power analysis required for market-based...more

Stoel Rives - Renewable + Law

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

A&O Shearman

FERC Accelerates Efforts to Integrate Electric Storage Projects Into Jurisdictional Wholesale Markets

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Over the past year, the Federal Energy Regulatory Commission (FERC) has accelerated its efforts to facilitate integration of electric storage projects into wholesale electricity markets subject to its jurisdiction....more

Stinson LLP

Seventh Circuit Upholds FERC's Authority to Abrogate Transmission Owner Rights of First Refusal

Stinson LLP on

Does FERC have authority to override contracts between a regional transmission organization (RTO) and incumbent utilities giving the latter rights of first refusal (ROFR) to build new regional transmission facilities? It...more

Orrick, Herrington & Sutcliffe LLP

FERC Decision Signals that it Will Strictly Enforce Interconnection Procedures

On March 4, 2016, over the objections of the developer and a dissent from Commissioner Cheryl LaFleur, FERC issued an order authorizing the Midcontinent Independent System Operator, Inc. to terminate a generator...more

Akin Gump Strauss Hauer & Feld LLP

7th Circuit Affirms FERC Finding That Wind Generators Are Responsible for Corrected Costs

On August 19, 2015, the United States Court of Appeals for the 7th Circuit denied two wind generators’ (“Generators”) petitions for review of various Federal Energy Regulatory Commission (FERC) orders assigning the corrected...more

Akin Gump Strauss Hauer & Feld LLP

FERC Approves Four MISO Market Manipulation Settlements

On December 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreements (Order) approving four Stipulation and Consent Agreements (Settlement Agreements) between...more

Stoel Rives LLP

Ameren Should LOSE the Latest Battle Over Option 1 Network Upgrade Funding in the Midcontinent ISO Region

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Ameren is at it yet again--perpetuating a method for funding generator interconnection network upgrades in MISO that the Federal Energy Regulatory Commission (FERC) found to be unjust, unreasonable, and discriminatory over...more

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