FERC Issues NOPR Proposing to Revise Offer Caps in RTO/ISO Markets

On January 21, 2016, FERC issued a Notice of Proposed Rulemaking ("NOPR") proposing to revise the $1,000/MWh cap on supply offered in day-ahead and real-time markets run by regional transmission organizations ("RTOs") and independent system operators ("ISOs"). Specifically, FERC proposes to revise the offer cap in RTO/ISO markets to the higher of $1,000/MWh or that resource's verified cost-based offer. [Read more →]

FERC Approves Settlement for MISO to Compensate SPP for Intra-regional Energy Transfers

On January 21, 2016, the Federal Energy Regulatory Commission ("FERC") concurrently issued an order and a letter order related to a dispute between Southwest Power Pool, Inc. ("SPP") and Midcontinent Independent System Operator, Inc. ("MISO") stemming from MISO's use of the SPP transmission system for real-time energy transfers between MISO Midwest and MISO South. In the order, FERC accepted MISO's proposed revisions to its Open Access Transmission, Energy and Operating Reserve Markets Tariff ("Tariff") to remove the "hurdle rate" mechanism ("Hurdle Rate"). In the letter order, FERC approved an offer of settlement ("Settlement Agreement") whereby MISO will provide SPP compensation related to available system capacity usage and firm point-to-point transmission service between MISO Midwest and MISO South on SPP's transmission system. Going forward, the Hurdle Rate will be superseded by the terms of the Settlement Agreement. [Read more →]

FERC Largely Approves Termination of PURPA Purchase Obligation for Entergy Operating Companies, Arkansas Electric Cooperative

On January 21, 2016, FERC issued two separate orders largely approving the termination of the Public Utilities Regulatory Policies Act ("PURPA") mandatory purchase obligation for the Entergy Operating Companies ("Entergy") and Arkansas Electric Cooperative Corporation ("Arkansas Coop."). Both orders were issued in response to applications submitted under Section 210(m) of PURPA, which provides utilities with a method for petitioning FERC to terminate the obligation of a utility to purchase a qualifying facility's ("QF") power under PURPA. [Read more →]

FERC Approves Revisions to Seven CIP Reliability Standards

On January 21, 2016, the Commission approved revisions to seven Critical Infrastructure Protection ("CIP") Reliability Standards developed and submitted by the North American Electric Reliability Corporation ("NERC"), all of which were previously proposed for approval in a July 16, 2015 FERC Notice of Proposed Rulemaking ("NOPR"). According to the Commission, the revised Reliability Standards are "designed to mitigate cybersecurity risks to bulk electric system facilities, systems, and equipment, which, if destroyed, degraded, or otherwise rendered unavailable as a result of a cybersecurity incident, would affect the reliable operation of the Bulk-Power System." [Read more →]

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