On July 15, 2010, the Commission released Order No. 729-B, which granted requests for rehearing on the implementation timeline for Order No. 729-A. In its new order, FERC decided to calibrate the timing of the MOD Reliability Standards implementation date from the date of FERC approval, not the date of publication in the Federal Register.
FERC News
Smart Grid Update: One Year Since Smart Grid Policy Statement
On July 15, 2010, Ray Palmer from the Office of Electric Reliability presented an update the Commission’s Smart Grid Policy Statement (the “Policy Statement”) at the Commission’s monthly meeting. The Commission originally issued the Policy Statement last July (see March 20, 2010 edition of the WER).
FERC Grants Rate Authority to Champlain for Transmission Project
On July 1, 2010, the Commission granted Champlain Hudson Power Express, Inc. (“Champlain”) authority to charge negotiated rates for transmission rights on its high voltage direct current (“HVDC”) project from Montreal, Quebec to New York City and New England (the “Project).
Duke Energy Ohio and Duke Energy Kentucky Submit Initial Filing to Withdraw from Midwest ISO and Join PJM by January 1, 2012
On June 25, 2010, Duke Energy Ohio, Inc. (“DEO”) and Duke Energy Kentucky, Inc. (“DEK”) filed the first of several filings with the Federal Energy Regulatory Commission (“FERC” or the “Commission”) seeking approval to transfer control of utility assets from the Midwest Independent System Operator, Inc. (“Midwest ISO”) to PJM Interconnection L.L.C. (“PJM”).
FERC Approves Staff Audit, Directs Florida’s Grid Operator, FRCC, to Make Further Reliability Enforcement Changes
On June 23, 2010, FERC approved an Audit Report (the “Audit”) from the Division of Audits in the Office of Enforcement (“OE”) along with Staff from the Office of Electric Reliability. The Audit evaluated Florida Reliability Coordinating Council, Inc.’s (“FRCC”) Regional Entity (“RE”) function and related compliance.
Senate Confirms New FERC Commissioner LaFleur; Moeller Confirmed for Second Term
On June 22, 2010, the United States Senate confirmed Cheryl A. LaFleur as Commissioner to the vacant seat on the Federal Energy Regulatory Commission (“FERC” or the “Commission”). LaFleur’s term will expire on June 30, 2014. LaFleur previously worked for National Grid for over twenty years.
FERC Staff Releases National Action Plan on Demand Response
On June 17, 2010, FERC Staff released its final National Action Plan for Demand Response (“National Action Plan” or “Plan”). The focus of the Plan is to encourage the use of demand response to meet national energy independence and security goals.
FERC Announces New Legal Unit for Reliability Issues
On June 17, 2010, Thomas Sheets, the General Counsel of FERC, announced a new unit at FERC to assist with legal issues regarding reliability. The announcement came during FERC’s June monthly meeting.
FERC Issues Rulemaking on Transmission Cost Allocation; Approves SPP Plan
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.
FERC Clarifies Reporting Requirements for Natural Gas Transactions
On Thursday June 17, 2010, FERC issued a clarification order regarding the terms and features of Form No. 552, the annual report for natural gas transactions (Transparency Provisions of Section 23 of the Natural Gas Act, Order No. 704-C, 131 FERC ¶ 61,246 (2010) (“Order No. 704-C”)).