On June 17, 2010, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) unanimously approved the Notice of Proposed Rule Rulemaking (“NOPR”) on Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities at FERC’s monthly meeting.  The NOPR seeks to build on Order No. 890, Preventing Undue Discrimination and Preference in Transmission Service.

On June 11, 2010, FERC released its Request for Comments Regarding Rates, Accounting, and Financial Reporting for New Electric Storage Technologies (the “Request”).  In particular, FERC wants comments on how to develop a rate policy that allows storage technologies flexibility while complying with the Federal Power Act. 

On June 18, 2010, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) rejected the resource adequacy compliance filing by the Midwest Independent Transmission System Operator, Inc. (“Midwest ISO”) for failing to develop a permanent approach to congestion that limits aggregate delivery.  In rejecting the filing, FERC again ordered the Midwest ISO to consider using location-specific capacity requirements in its resource adequacy plan.