On November 1, 2024, FERC Commissioners led a technical conference at their headquarters in Washington, DC, on issues pertaining to co-locating large loads at generating facilities. FERC Commissioners asked questions of individuals across the energy industry into how large loads, and data centers in particular, are impacting the grid and
Ben Duwve
*Ben Duwve was a 2023 summer associate with Troutman Pepper and not admitted to practice law in any jurisdiction.
FERC Accepts SPP’s Proposed Tariff Revisions Allowing Make-Whole Payments
By Ben Duwve & Russell Kooistra on
Posted in FERC Practice
On September 19, 2024, FERC approved Southwest Power Pool, Inc.’s (“SPP”) proposed tariff revisions allowing make-whole payments for incremental energy costs for offers affected by the incremental energy offer cost caps required by FERC’s Order No. 831. In doing so, FERC found that the tariff revisions appropriately provide an opportunity…
FERC Chief Accountant Proposes to Modify Transferability of Income Tax Credits
By S. Jennifer Panahi & Ben Duwve on
On September 12, 2024, FERC’s Chief Accountant issued a notice of proposed accounting release (“NOPAR”) to modify the transferability of income tax credits (“ITCs”) related to certain energy projects under the Inflation Reduction Act of 2022 (“IRA”), which allows entities to monetize such ITCs via transfers to independent third parties…
FERC Holds Workshop on Innovations & Efficiencies in Generator Interconnection Process, Seeks Comments
On September 10 and 11, 2024, FERC staff held a two-day workshop at its headquarters in Washington, DC on opportunities to further refine the generator interconnection queue process. Panelists and FERC staff discussed potential enhancements to transmission planning and processing interconnection requests over the course of six panels on discrete…
FERC Affirms Finding of Affiliation Over Appointment of Director
By Ben Duwve, CeCe Coffey & Russell Kooistra on
Posted in FERC Practice
On July 3, 2023, FERC affirmed its earlier determination that Bluescape Energy Partners, LLC’s (“Bluescape”) appointment of a non-independent director to Evergy Inc.’s (“Evergy”) Board of Directors overcomes the rebuttable presumption of a lack of control under FERC’s regulations that normally applies when a company owns less than 10 percent of another company’s equity (see October 27, 2022 edition of the WER). Additionally, FERC clarified that the appointment of a non-independent director is a per se finding of control and found affiliation between Bluescape and Evergy, and therefore between Bluescape and Evergy’s public utility subsidiaries, pursuant to the definition of “affiliate” under FERC’s rules.
FERC Directs NERC to Develop New Transmission Planning Reliability Standard; Directs Transmission Providers to Submit One-Time Informational Reports on Extreme Weather Risk Assessment
By CeCe Coffey, Ben Duwve & Russell Kooistra on
Posted in Reliability, Rulemakings
On June 15, 2023, FERC issued two final rules aimed at boosting bulk power system resilience by improving how grid operators assess and plan for extreme weather impacts to the transmission system. One rule directs NERC to develop a reliability standard that requires transmission system planners to account for a range of extreme weather conditions, and the other rule directs each FERC-jurisdictional transmission provider to submit an informational report to the Commission that outlines its policies and processes for conducting extreme weather vulnerability assessments.
FERC Accepts in Part and Rejects in Part PSCo’s Proposed LGIP & LGIA Revisions
By Ben Duwve & Miles Kiger on
Posted in FERC Practice, Interconnection
On June 2, 2023, FERC accepted in part and rejected in part Public Service Company of Colorado’s (“PSCo”) proposed revisions to its Large Generator Interconnection Procedures (“LGIP”) and Large Generator Interconnection Agreement (“LGIA”). In largely accepting PSCo’s proposed revisions, FERC found that the reforms would either strengthen the ability of PSCo to process generator interconnection requests or provide general improvements to existing processes.