On December 7, the Federal Energy Regulatory Commission (Commission) used its authority under Section 211A of the Federal Power Act to direct Bonneville Power Administration (BPA) to submit a revised Open Access Transmission Tariff (OATT) that, according to the Commission, will provide "comparable transmission service that is not unduly discriminatory or preferential." Section 211A, added to the Federal Power Act by the Energy Policy Act of 2005, grants the Commission the discretion to require unregulated transmission utilities to provide comparable, nondiscriminatory, open access to their transmission systems similar to the requirements imposed on jurisdictional public utilities. The order will have a significant impact on nonjurisdictional transmission providers' reciprocity OATTs and may influence how these entities comply with the regional planning obligations of Order No. 1000.
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