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On October 15, 2012, FERC Staff issued a report proposing to collect information to track performance and operation of utilities outside of Independent System Operators (“ISOs”) and Regional Transmission Organizations (“RTOs”) (“October 15 Report”). In its October 15 Report, Staff requests participating utilities submit reports by January 25, 2013 that respond to the final list of performance metrics.

On October 18, 2012, FERC issued a Notice of Proposed Rulemaking (“NOPR”) directing the North American Electric Reliability Corporation (“NERC”) to submit for FERC approval reliability standards that address and mitigate the effects of geomagnetic disturbances (“GMDs”) on the bulk-power system.  This NOPR is the first step in developing reliability standards to mitigate the effects of GMDs.

On October 9, 2012, the Commission denied PPL Electric Utilities Corporation’s (“PPL”) request for an incentive Return on Equity (“ROE”) adder for its Northeast/Pocono Reliability (“NPR”) project, marking the first time since the Energy Policy Act of 2005 that FERC denied a request for an ROE adder for a transmission project it determined to  be “non-routine.”

On October 2, 2012, FERC approved Entergy Services, Inc.’s (“Entergy”) proposal to transfer its Independent Coordinator of Transmission (“ICT”) services from Southwest Power Pool, Inc. (“SPP”) to the Midwest Independent Transmission System Operator, Inc. (“MISO”).  Additionally, FERC granted an extension of Entergy’s current ICT agreement with SPP, which expires on November 17, 2012, to November 30, 2012.  This will allow transfer of ICT functions to MISO on December 1, 2012.

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 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 20, 2012, FERC announced that it has created a new Office of Energy Infrastructure and Security (“OEIS”).  FERC stated that OEIS will collaborate with the Office of Electric Reliability (“OER”) and the North American Electric Reliability Corporation in order to identify and mitigate potential cyber and physical security risks to FERC-jurisdictional facilities.