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Tariffs Energy Sector Federal Energy Regulatory Commission

Foley Hoag LLP - Energy & Climate Counsel

FERC Wholesale Distribution Service Tariffs For Energy-Storage Facilities Are In The Works For The Northeast

As energy storage facilities (“ESFs”) are developed and deployed in the Northeast, questions about how ESFs will be charged for use of the electric distribution system while participating in wholesale markets have become...more

White & Case LLP

Summary of FERC Meeting Agenda for November 2023

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on November 16, 2023, pursuant to the sunshine notice released on November 9, 2023....more

Troutman Pepper

Divided FERC Announces Hands-Off Approach to Capacity Issues in SPP, Raises Questions About Tariff Detail Complaints

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On May 3, 2023, a divided FERC voted 3-1 to deny a widely-supported complaint by multiple utilities in the Southwest Power Pool (“SPP”) region arguing that the absence of the new 15% generation Planning Reserve Margin...more

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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

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FERC Accepts PJM Capacity Market Revisions to Locational Deliverability Area Reliability Requirement, Sparks Strong Dissent from...

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On February 21, 2023, FERC accepted PJM Interconnection, L.L.C.’s (“PJM”) proposed tariff revisions governing the Locational Deliverability Area Reliability Requirement (“LDA Reliability Requirement”) calculation, effective...more

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FERC Affirms Burden of Persuasion Rests on Proponents of Transmission Asset Classifications under FERC’s Seven-Factor Test,...

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On January 19, 2023, FERC established that a facility’s classification as transmission or distribution under criteria established in the Southwest Power Pool, Inc.’s (“SPP”) Open Access Transmission Tariff (“Tariff”) can be...more

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On Rehearing, FERC Upholds Jurisdiction over AECI Emergency Energy Transactions in SPP Market During Winter Storm Uri

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On January 19, 2023, FERC issued an order upholding its decision to exercise primary jurisdiction over emergency energy sales between Southwest Power Pool, Inc. (“SPP”) and Associated Electric Cooperative, Inc. (“AECI”)...more

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FERC Accepts Arizona Public Service Company’s Proposal to Adopt Flowgate ATC Methodology and Denies Its Request to Waive TTC...

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On December 15, 2022, FERC issued an order accepting Arizona Public Service Company’s (“APS”) revisions to its Open Access Transmission Tariff (“Tariff”) that would allow APS to begin using the Flowgate Methodology for...more

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FERC Conditionally Accepts PJM Interconnection Reforms for a First-Ready, First-Served Clustered Cycle Approach

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On November 29, 2022, FERC conditionally accepted PJM Interconnection, L.L.C.’s (“PJM”) tariff revisions to transition from a serial first-come, first-served generator interconnection queue process to a first-ready,...more

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FERC Sustains Prior Order Approving Revisions to SPP’s Tariff Establishing Uniform Zonal Planning Criteria

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On October 20, 2022, the Federal Energy Regulatory Commission (the “Commission”) issued an order addressing Oklahoma Gas and Electric Company, GridLiance High Plans LLC, and the Indicated SPP Transmission Owners’ (consisting...more

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Generation Project Developers Agree to Pay Civil Penalties, Disgorge Profits, after FERC Enforcement Investigations

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On June 24th and 27th, 2022 FERC approved two stipulations and consent agreements between FERC’s Office of Enforcement (“Enforcement”) and two separate project developers. First, sPower Development Company, LLC (“sPower...more

Morgan Lewis - Power & Pipes

FERC Investigates Five Western Utilities’ Formula Rate Protocols

FERC initiated show-cause proceedings on April 21, 2022, to investigate the justness and reasonableness of the formula rate protocols of five public utility transmission providers in the West....more

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FERC Reverses Prior Order, Allows NYISO to Prioritize Entry of Zero Emission Resources in New York’s Capacity Market

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On February 17, 2022, FERC set aside its September 2020 order rejecting the New York Independent System Operator Corporations (“NYISO’s”) tariff revisions to the “Part A Test,” a component of NYISO’s buyer-side mitigation...more

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FERC Accepts Tariff Revisions to Southeast Energy Exchange Market, Drawing Concurrences from Chairman Glick and Commissioner...

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On January 21, 2022, FERC accepted revisions to the Southeast Energy Exchange Market (“SEEM”) Agreement consistent with commitments made by SEEM members in response to two deficiency letters it issued before the SEEM...more

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Summary of FERC Meeting Agenda for January 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's January 20, 2022 open meeting, pursuant to the sunshine notice released on January 13, 2022....more

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FERC Accepts CAISO Tariff Changes for Co-located and Hybrid Resources

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On November 30, 2021, FERC issued and order accepting a California Independent System Operator Corporation (“CAISO”) tariff filing designed to clarify its market rules for hybrid and co-located resources. CAISO proposed two...more

Saul Ewing LLP

PJM Revisions to MOPR Go Into Effect

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At the Saul Ewing Arnstein & Lehr Symposium in Houston in March 2020, a session was dedicated to reviewing steps the Federal Energy Regulatory Commission had taken to expand the Minimum Offer Price Rule (MOPR) applicable in...more

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D.C. Circuit Denies Petitions for Review; Holds that the Filed Rate Doctrine Prevents SPP from Reimbursing Customers for...

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On August 27, 2021, in Oklahoma Gas and Electric Company v. FERC, Case No. 20-1062, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied petitions for review of FERC’s orders...more

Husch Blackwell LLP

FERC Explores Barriers To “Hybrid Resources”

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FERC is in the process of gathering information and building a public record on technical and market issues that are prompted by the growing interest in “hybrid resources.” FERC held a technical conference in the summer of...more

White & Case LLP

Summary of FERC Meeting Agenda for February 2021

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's February 18, 2021 open meeting, pursuant to the agenda issued on February 11, 2021. In this issue… - Electric Items - Gas...more

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FERC Orders ISO-NE to Remove FCM New Entrant Rules From its Tariff

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On December 2, 2020, FERC ordered ISO New England, Inc. (“ISO-NE”) to remove the price-lock mechanism and zero-price offer rule (together, the “New Entrant Rules”) from Tariff provisions relating to its Forward Capacity...more

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FERC Largely Accepts PJM Reserve Market Compliance Filings

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On November 12, 2020, FERC accepted two compliance filings submitted by PJM Interconnection, L.LC. (“PJM”) in which PJM proposed updates to its reserve market and forward-looking energy and ancillary services offset (“E&AS...more

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FERC Grants Formula Rate Tariff Waiver; Then-Commissioner Danly Reiterates Criticisms of Retroactivity

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On November 5, 2020, FERC approved Southern California Edison Company’s (“SoCal Edison”) request to utilize a May 2020 formula rate sales forecast rather than its April 2020 sales forecast, as required by Appendix IX of SoCal...more

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FERC Rejects ISO-NE’s Long-Term Fuel Security Proposal

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On October 30, 2020, FERC rejected ISO New England Inc.’s (“ISO-NE”) proposed revisions to the ISO-NE tariff to resolve long-term fuel security concerns in the New England region. FERC found that ISO-NE’s proposed solutions...more

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FERC Upholds Orders on Transmission Owner Funding for Network Upgrades in MISO

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On September 17, 2020, FERC addressed the American Wind Energy Association’s (“AWEA”) request for rehearing of a December 2019 order finding that Generator Interconnection Agreements (“GIAs”), Facilities Construction...more

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