On March 6, 2012, the Bonneville Power Administration (“Bonneville” or “BPA”) submitted an Oversupply Management Protocol (“OMP”) as part of its compliance filing in response to the Federal Energy Regulatory Commission’s (the “Commission” or “FERC”) December 7, 2011 Order which found that BPA engaged in unduly discriminatory curtailment practices and directed BPA to file an OATT pursuant to Federal Power Act Section 211A. 

On March 12, 2012, the PJM Interconnection, L.L.C. (“PJM”) filed a petition with FERC asking to clarify the negligence standard applicable to Regional Transmission Organizations’ (“RTOs”) execution of planning and reliability functions.

On March 15, 2012, FERC issued an order conditionally approving the North American Electric Reliability Corporation’s (“NERC”) “Find, Fix, Track and Report” (“FFT”) proposal.  The FFT is an enforcement approach that would treat “low-risk” reliability standard violations differently than more serious violations.

In what appears to be the most significant enforcement action in its history, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) on Friday, March 9 approved a Stipulation and Consent Agreement with Constellation Energy Commodities Group (“Constellation”) that imposes a record civil penalty of $135 million and requires the disgorgement of $110 million in unjust profits.

On February 29, 2012, Southwest Power Pool, Inc. (“SPP”) filed tariff revisions to implement a new integrated marketplace for the region, moving SPP to a locational marginal price (“LMP”)  energy markets model, like PJM and the other established regional transmission organizations (“RTOs”).

On February 29, 2012, PJM Interconnection LLC (“PJM”), in an attempt to reduce bottlenecks in its interconnection queue and provide greater certainty and transparency, filed proposed revisions to its Open Access Transmission Tariff.  These revisions are a result of PJM’s stakeholder process and are designed to alter the process for how generation projects are analyzed before being allowed to connect to the transmission grid.

On Tuesday March 20, 2012*, the Senate Committee on Energy and Natural Resources will consider the nomination of Tony Clark and re-nomination of Commissioner John Norris to FERC.

On February 27, 2012, FERC issued an order in Docket Nos. ER12-715 and EL-56 (not consolidated) allowing revisions in the Midwest Independent Transmission System Operator, Inc.’s (“MISO”) tariff, subject to clarification.  The proposed revisions would allow MISO to charge a Withdrawing Transmission Owner, defined as an owner of transmission facilities that withdraws its transmission facilities from the operational control of MISO after July 16, 2010, a monthly Multi-Value Project (“MVP”) usage rate that includes a share of the costs of all MVP projects that the MISO Board of Directors approved prior to the effective date of the transmission owner’s withdrawal.