The issue of coordination with Affected Systems has long been a proverbial “elephant in the room” when generation project developers request interconnection service from a Transmission Provider and the interconnection may impact neighboring systems. The Federal Energy Regulatory Commission (FERC) largely side-stepped the issue when it originally promulgated its pro forma Large Generator Interconnection Procedures (LGIP) and Large Generator Interconnection Agreement (LGIA) in Order No. 2003.  The pro forma LGIP, for example, includes loose concepts of “coordination” and “cooperation,” without specific details or deadlines.  A

On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 841, Electric Storage in Markets Operated by Regional Transmission Organizations and Independent System Operators. Order No. 841 requires tariff reforms in order to facilitate the participation of electric storage resources in capacity, energy, and ancillary services markets operated by Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”).
After soliciting public input on its Notice of Proposed Rulemaking (“NOPR”), FERC concluded that

On January 8, 2018, the Federal Energy Regulatory Commission (FERC or Commission) issued an Order terminating a rulemaking initiated in Docket No. RM18-1-000 in which the Commission, acting at the request of the Department of Energy (DOE), considered requiring Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) to establish tariff mechanisms ensuring appropriate compensation to “baseload” generating units with a ninety-day supply of onsite fuel storage when they participate

On June 29, 2017, the Federal Energy Regulatory Commission (FERC) will hold a technical conference to discuss liquidity in the natural gas markets and what, if anything, the industry or FERC can do to increase transparency and robustness in natural gas price formation.
The day-long conference will feature three stakeholder panels. The first panel, featuring publishers of natural gas newsletters, will examine the current state of natural gas indices, the degree of industry reliance on index-based contracts rather than

On September 29, 2017, Energy Secretary Rick Perry directed the Federal Energy Regulatory Commission (FERC) to initiate a rulemaking that could result in major subsidies for coal fired and nuclear powered electric generators in RTO markets. The Secretary argues that wholesale electricity markets are not properly compensating coal and nuclear units for their contributions to electric grid resiliency, thereby causing premature retirements. The Department of Energy (DOE) proposal would effectively subsidize uneconomic coal and nuclear plants

The U.S. Court of Appeals for the D.C. Circuit issued a decision recently finding that the Federal Energy Regulatory Commission (“FERC”) had authority to order the Bonneville Power Administration (“BPA”) to pay money to a public utility.  This holding is significant because BPA is a governmental entity exempt from FERC’s jurisdiction under most provisions of the Federal Power Act (“FPA”).
In TNA Merchant Projects, Inc. v. FERC, No. 13-1008, an issue arose before FERC as to whether a