On December 29, 2014, the North American Electric Reliability Corporation (“NERC”) submitted Reliability Standard EOP-011-1 to the Commission for approval. If approved, EOP-011-1 would streamline the requirements for Emergency Operation of the Bulk Electric System, according to NERC.
FERC News
FERC Approves Multiple Settlement Agreements for Alleged Manipulation in the MISO Market
On December 30, 2014, FERC approved four separate Stipulation and Consent Agreements (“Agreements”) between its Office of Enforcement (“Enforcement”) and subsidiaries of Twin Cities Power Holdings – Twin Cities Power-Canada, Ltd., Twin Cities Energy, LLC, and Twin Cities Power, LLC (collectively, “Twin Cities”) – as well as traders Jason Vaccaro, Allan Cho, and Gaurav Sharma (collectively, “Traders”) that resolve allegations of market manipulation in the Midcontinent Independent System Operator, Inc. (“MISO”) from January 2010 through January 2011.
FERC Declares the City of Boulder must seek FERC Approval in order to Condemn Xcel Transmission Facilities
On December 18, 2014, FERC granted a Petition for Declaratory Order filed by the Public Service Company of Colorado (“PSCo”) which requested certain clarifications regarding the application of FERC’s prior approval jurisdiction under section 203 of the Federal Power Act (“FPA”) in the context of the assertion of eminent domain by a political subdivision of a state over the transmission assets of a public utility. In granting the Petition, FERC clarified that transfers by condemnation, regardless of the fact that they are involuntary, are appropriately within the domain of FERC’s 203 prior approval authority.
FERC Proposes Changes to 20 Largest Purchaser Reporting Requirements
On December 18, 2014, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing modifications to Part 46 of its regulations regarding the reporting of a utility’s twenty largest purchasers. The NOPR proposes to eliminate the need to file FERC-566 – an annual report that lists the reporting utility’s twenty largest purchasers – for certain public utilities. In doing so, FERC stated that the NOPR would reduce the regulatory burden of filings while enhancing the quality of information collected.
Senate Confirms Colette Honorable’s Nomination to FERC
On December 16, 2014, the U.S. Senate confirmed President Barack Obama’s nomination of Colette Honorable to serve as a FERC Commissioner (see December 15, 2014 edition of the WER). Ms. Honorable is the current Chairman of the Arkansas Public Service Commission and immediate past president of the National…
FERC Chief ALJ Announces New Procedures for Handling Exhibits and Developing Electronic Hearing Record
On December 12, 2014, FERC’s Chief Administrative Law Judge (“ALJ”), Curtis L. Wagner, Jr., released a Notice to the Public on procedures for handling exhibits and developing the electronic hearing record in FERC hearings before an ALJ.
DC Circuit Remands FERC Order Denying Refunds, Citing Failure to Explain Departure from Precedent
On December 5, 2014, the United States Court of Appeals for the District of Columbia Circuit remanded a 2013 Commission order, finding that FERC had failed to adequately explain its reasoning in departing from its “general policy” of ordering refunds when consumers have paid unjust and unreasonable rates.
FERC Announces Series of Technical Conferences on EPA’s Clean Power Plan
On December 9, 2014, FERC announced that it would hold a series of technical conferences to discuss what implications are involved with a variety of compliance approaches used to satisfy the Environmental Protection Agency’s proposed Clean Power Plan rule. The technical conferences will begin on February 19, 2015 and generally focus on issues related to electric reliability, wholesale electric markets and operations, and energy infrastructure.
FERC Nominee Colette Honorable Testifies before Senate Energy Committee; Nomination Advanced to Full Senate
On December 4, 2014, FERC Nominee Colette Honorable, who has been nominated to fill the vacancy left by former Commissioner John Norris, testified before the Senate Committee on Energy and Natural Resources (“Committee”). Currently, Ms. Honorable serves as the Chairman of the Arkansas Public Service Commission.
FERC Approves Changes to PJM Capacity Market
On November 28, 2014, the Commission conditionally accepted PJM Interconnection’s (“PJM”) proposed modifications to several of the key pricing elements used to clear PJM’s capacity market auctions, subject to PJM making a compliance filing removing a proposal relating to location-specific price elements. The Commission found that these changes were reasonably needed for PJM to achieve an acceptable level of reliability over the long-term.