On April 29, 2022, the FERC rejected Midcontinent Independent System Operator Inc.’s (“MISO”) proposed tariff revisions that sought to “extend” MISO Transmission Owners’ option to self-fund transmission upgrades so as to apply to Necessary Upgrades to support the connection of Merchant High Voltage Direct Current (“MHVDC”) transmission into MISO. FERC found that MISO failed to show its proposal was just and reasonable because MISO argued that Network Upgrades and Necessary Upgrades were functionally identical yet only proposed to extend the self-funding option traditionally applied to Network Upgrades without also extending other funding options and protections for customers.
Continue Reading FERC Rejects MISO Proposal for Transmission Owners to Self-fund Necessary Upgrades to Connect Merchant HVDC Lines

On April 5, 2022, FERC approved PJM Interconnection, L.L.C.’s (“PJM”) proposed revisions to the Consolidated Transmission Owners Agreement (“CTOA”) aimed at improving effectiveness and efficiency in decision-making among the 18 transmission owners currently eligible to vote on PJM business. Despite a protest arguing that the proposal would disenfranchise non-traditional transmission owners, FERC found that the proposed revisions “rebalance the CTOA voting rules to better align with individual PJM Transmission Owners’ economic stakes in the transmission system.”
Continue Reading FERC Approves New Voting Rules for PJM Transmission Owners

On March 24, 2022, FERC denied a petition filed by Irradiant Partners, LP (“Irradiant” or “Petitioner”) seeking waiver of the Commission’s Qualifying Facility (“QF”) filing requirement for its acquisition and recertification of 185 QFs. The Commission held that the recertification requirement—even at this scale—was not unduly burdensome, citing mitigating factors and emphasizing the particular importance of having up-to-date ownership information to assist FERC in monitoring for discrimination.
Continue Reading FERC Denies Request for Waiver of Recertification Filing Requirement for Acquirer of 185 Qualifying Facilities