On September 21, 2012, FERC conditionally approved the Midwest Independent Transmission System Operator, Inc.’s (“MISO”) revisions to its tariff provisions that designate System Support Resources (“SSRs”) and delay the retirement or suspension of certain generation units within MISO that are needed for reliability.  MISO explained that it believes that significant usage of its SSR program is imminent in light of new environmental regulations and renewable portfolio standards on the horizon, and certain enhancements and clarifications were necessary as a result.

On September 21, 2012, the Commission ordered that certain non-public utilities must now file Electronic Quarterly Reports (“EQR”) with FERC.  The Commission also made certain revisions to its EQR regulations applicable to all entities.

On September 20, 2012, the Commission released an order making a preliminary finding that J.P. Morgan Ventures Energy Corporation (“JP Morgan”) may have omitted material information or submitted misleading information in communications with FERC, the California Independent System Operator Corporation (“CAISO”), and CAISO’s Department of Market Monitoring (“DMM”).  The Commission directed JP Morgan to (1) show cause why JP Morgan did not violate FERC regulations under the Federal Power Act (“FPA”); and (2) show cause why its authorization to sell electricity, capacity, and ancillary services at market-based rates should not be suspended.  

On September 20, 2012, FERC granted Idaho Wind Partners 1, LLC’s (“Idaho Wind”) June 15, 2012 petition for declaratory order finding that Idaho Power Company’s (“Idaho Power”) proposed Schedule 74 curtailment policy, if approved by the  Idaho Public Utilities Commission (“Idaho PUC”), would be inconsistent with section 210 of the Public Utility Regulatory Policies Act (“PURPA”) and the Commission’s regulations.

On September 13, 2012, FERC’s Office of Enforcement (“Enforcement”) issued a Notice of Alleged Violations against the California Independent System Operator Corporation (“CAISO”), suggesting that CAISO violated two mandatory Reliability Standards in connection with a power outage in the San Diego area in 2010.  FERC will next determine if it agrees with Enforcement’s preliminary determinations, open a formal investigation, or accept a settlement between the parties.

On September 7, 2012, FERC conditionally authorized Plains and Eastern Clean Line LLC and Plains and Eastern Clean Line Oklahoma LLC, subsidiaries of Clean Line Energy Partners LLC, (collectively “Clean Line”) to charge negotiated rates for a proposed high voltage direct current merchant transmission project.  This negotiated rate authority will allow Clean Line to allocate up to 75 percent of the project’s capacity to anchor customers through negotiated rates, while the remaining 25 percent will be available through an open season auction.

On September 5, 2012, FERC issued an Order to Show Cause and Notice of Proposed Penalty to Deutsche Bank Energy Trading LLC (“Deutsche Bank”) concerning alleged manipulation and submission of false information in connection with trading in the California Independent System Operator Corporation (“CAISO”) market.