On February 19, 2014, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing the sale of primary frequency response service at market-based rates by sellers with market-based rate authority for energy and capacity.  FERC also explained that the NOPR serves as an extension of the policy reforms set out in Order No. 784, the final rule on third-party provision of ancillary services and the accounting and financial reporting for new electric storage facilities (see July 29, 2013 edition of the WER).  In the NOPR, FERC concluded that companies that are able to pass “the existing market-based screens for sales of energy and capacity can adequately demonstrate a lack of market power for sales of primary frequency response service.” 

On February 2, 2015, the Commission directed Maxim Power Corporation, Maxim Power (USA), Inc., Maxim Power (USA) Holding Company Inc., Pawtucket Power Holding Co., LLC, Pittsfield Generating Company, LP (collectively “Maxim”), and Kyle Mitton, a Maxim executive (together “Respondents”) to show cause why they should not be found to have violated the Federal Power Act and the Commission’s regulations “through a scheme to obtain payments for reliability dispatches based on the price of expensive fuel oil when Maxim in fact burned much less costly natural gas.”  The Commission further directed the Respondents to show cause why they should not be assessed civil penalties of: (i) $50,000 (against Mr. Mitton); and (ii) $5,000,000 (against Maxim).

On February 9, 2015, FERC approved the Midcontinent Independent System Operator, Inc.’s (“MISO”) request for a temporary waiver of its $1,000/MWh energy offer price cap.  FERC’s approval will now allow generators with actual, verifiable costs above the $1,000/MWh energy offer price cap to receive make-whole payments by increasing the “No Load” component of their offer after consultation with MISO’s Independent Market Monitor (“IMM”).  The waiver of the energy offer price cap runs from December 20, 2014 to April 30, 2015.

On February 6, 2015, FERC ruled, in its Order on Rehearing regarding certain reporting requirements of Order No. 768, that Electronic Quarterly Reports (“EQR”) filers will no longer need to submit an electronic tag (“e-Tag”) ID for each transaction reported in their EQRs if an e-Tag was used to schedule the transaction.

On January 30, 2015, the Commission denied a complaint filed by the New England Power Generators Association, Inc. (“NEPGA”) in which NEPGA sought either modification or elimination of the Peak Energy Rent (“PER”) Adjustment mechanism in ISO New England Inc.’s (“ISO-NE”) Forward Capacity Market (“FCM”).

On February 2, 2015, FERC submitted its Fiscal Year (“FY”) 2016 Budget Request for $319,800,000.  This amount is approximately five percent above the FY 2015 Budget Request.  In requesting its budget, FERC sets out its three primary goals: (1) supporting just and reasonable rates, terms, and conditions (“Goal 1”); (2) promoting safe, reliable, secure and efficient infrastructure (“Goal 2”); and (3) mission support through organizational excellence (“Goal 3”). 

On January 22, 2015, the Commission conditionally approved Southwest Power Pool’s (“SPP”) proposed “Market-to-Market” coordination protocols with the Midcontinent Independent System Operator (“MISO”), and, among other things, made determinations on several key issues relating to the protocols that were examined during a technical conference held in September.