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On February 5, 2016, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) accepted proposed revisions to the Joint Operating Agreement (“JOA”) between PJM Interconnection, L.L.C. (“PJM”) and the Midcontinent Independent System Operator, Inc. (“MISO”) that eliminated the $20 million minimum cost threshold that a transmission facility must meet in order to qualify as an Interregional Market Efficiency Project (“IMEP”)—a designation under the JOA that permits the construction of transmission upgrades between PJM and MISO.

On February 11, 2016, the U.S. Commodity Futures Trading Commission (“CFTC”) announced that the Energy and Environmental Markets Advisory Committee (“EEMAC”) will hold a public meeting at the CFTC’s headquarters in Washington, D.C. on February 25, 2016 from 10:00 AM to 1:30 PM. The CFTC further announced that, at the meeting, EEMAC will (1) present a report summarizing its 2015 proceedings; (2) examine the CFTC’s Proposed Order exempting certain Transmission Congestion Rights, Day-Ahead and Real-Time Balancing Market, and Operating Reserve Transactions in the Southwest Power Pool from the CFTC’s fraud and manipulation jurisdiction and scienter-based prohibitions; and (3) consider the CFTC Staff Preliminary Report regarding the Swap Dealer De Minimis Exception (see November 18, 2015 edition of the WER).

On January 29, 2016, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) and the North American Electric Reliability Corporation (“NERC”) issued a Report on the FERC-NERC-Regional Entity Joint Review of Restoration and Recovery Plans (the “Report”). The Report was the result of a joint review initiated by FERC in September, 2014 and conducted in coordination with NERC and the NERC Regional Entities. The joint review examined a representative sample of nine registered entities with significant bulk power system responsibilities, with the stated objective of: (i) assessing and verifying the electric utility industry’s bulk power system recovery and restoration planning; and (ii) testing the efficacy of related NERC Reliability Standards in maintaining and advancing reliability.

On February 2, 2016, the General Counsel of the Federal Energy Regulatory Commission (“FERC”), Max Minzner, testified before the Committee on Energy and Commerce Subcommittee on Energy and Power for the United States House of Representatives (“Committee”) regarding two proposed bills that would amend the Federal Power Act (“FPA”). One bill would modify Section 203 of the FPA to set a minimum threshold value of $10 million on the merger or consolidation of facilities belonging to public utilities that would be subject to FERC approval. A second bill, H.R. 2984, would amend Section 205 of the FPA to permit a party to seek rehearing and subsequent appellate review of any rate change filed pursuant to that provision that takes effect without FERC action. Going forward, the Committee may consider the testimony in deciding how to act on the proposed bills.

On February 1, 2016, FERC denied a complaint filed by NRG Power Marketing LLC (“NRG”) against the Midcontinent Independent System Operator, Inc. (“MISO”) alleging that MISO violated its tariff when it modified the Commercial Pricing Nodes (“CPNodes”) in the MISO South region to reflect the incorporation of Entergy into MISO. In particular, NRG claimed MISO’s modifications to the CPNodes effectively nullified the results of the Financial Transmission Right (“FTR”) auctions and rendered the FTRs purchased by NRG in those auctions “valueless.”

On February 3, 2016, FERC announced that it will hold a technical conference on June 1, 2016 from 10:00 AM to 4:00 PM to discuss policy issues related to the reliability of the bulk-power system. FERC stated that it will issue an agenda for the technical conference at a later date. The Commission has held similar technical conferences on policy issues related to reliability on an annual basis for the last few years (see April 21, 2014 edition of the WER).

On January 25, 2016, the Supreme Court of the United States ruled that FERC had not exceeded its legal authority under the Federal Power Act (“FPA”) in promulgating a rule—Order No. 745—that regulates the compensation paid to demand response resources in organized wholesale markets administered by Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”).

On January 19, 2016, FERC Staff issued a white paper entitled, “Guidance Principles for Clean Power Plan Modeling.” Additionally, on January 27, 2016, NERC issued a special reliability assessment entitled, “Reliability Considerations for Clean Power Plan Development.” Each document is aimed at assisting various industry stakeholders with the implementation of EPA’s Clean Power Plan while maintaining grid reliability.

On January 21, 2016, FERC Commissioner Tony Clark announced at FERC’s Open Meeting that he will not seek another term at the Commission after his current term expires June 30, 2016. Commissioner Clark is serving his first term with the Commission and was appointed by President Obama on June 15, 2012. Prior to joining FERC, Commissioner Clark served as a Commissioner and Chairman of the North Dakota Public Service Commission and as president of the National Association of Regulatory Utility Commissioners.

On January 21, 2016, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing to revise the $1,000/MWh cap on supply offered in day-ahead and real-time markets run by regional transmission organizations (“RTOs”) and independent system operators (“ISOs”). Specifically, FERC proposes to revise the offer cap in RTO/ISO markets to the higher of $1,000/MWh or that resource’s verified cost-based offer.