MISO

News & Analysis as of

Appeals Court Sides with Wind Farm on PPA Risk Allocation

This week the Seventh Circuit Court of Appeals issued a decision that could help clarify the allocation of risk in power purchase agreements (PPAs). In Benton County Wind Farm LLC v. Duke Energy Indiana, Inc., the court...more

Pricing Carbon in Wholesale Electricity Markets: RTOs/ISOs Looking at a Carbon Price to Integrate Regional Public Policy Goals

Several eastern regional transmission organizations and independent system operators (RTO/ISO) are talking seriously about pricing carbon in their markets. NEPOOL, the participant voting organization on wholesale market...more

MISO Transmission Owners’ Return on Equity Cut by FERC

Following a decision of the Federal Energy Regulatory Commission (FERC) released last week that cuts transmission owners’ return on equity (ROE) by more than 200 basis points,[1] ratepayers in the Midcontinent Independent...more

DC Circuit Joins 7th Circuit in Holding Mobile-Sierra Contract Protection Inapplicable to Transmission Owner Rights of First...

Several months ago, the 7th Circuit Court of Appeals upheld the Federal Energy Regulatory Commission's (FERC) order overriding contracts between the Midcontinent Independent System Operator (MISO) and incumbent utilities...more

Seventh Circuit Upholds FERC's Authority to Abrogate Transmission Owner Rights of First Refusal

Does FERC have authority to override contracts between a regional transmission organization (RTO) and incumbent utilities giving the latter rights of first refusal (ROFR) to build new regional transmission facilities? It...more

FERC Decision Signals that it Will Strictly Enforce Interconnection Procedures

On March 4, 2016, over the objections of the developer and a dissent from Commissioner Cheryl LaFleur, FERC issued an order authorizing the Midcontinent Independent System Operator, Inc. to terminate a generator...more

MISO Proposes Interconnection Queue Reform To Address Continuing Delays

Midcontinent Independent System Operator (MISO) is proposing another round of interconnection queue reform. On December 31, 2015, MISO filed proposed revisions to its Open Access Transmission, Energy and Operating Reserve...more

7th Circuit Affirms FERC Finding That Wind Generators Are Responsible for Corrected Costs

On August 19, 2015, the United States Court of Appeals for the 7th Circuit denied two wind generators’ (“Generators”) petitions for review of various Federal Energy Regulatory Commission (FERC) orders assigning the corrected...more

FERC Approves Four MISO Market Manipulation Settlements

On December 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreements (Order) approving four Stipulation and Consent Agreements (Settlement Agreements) between...more

To Need or Not to Need, that is the Question: MN PUC Answers in the Affirmative

On Monday, the MN PUC addressed whether ‘tis nobler in the pocketbook to suffer the slings and arrows of the MISO market or to invest in new generating units against a sea of uncertainty....more

FERC Issues Notice of Alleged MISO Market Manipulation

On June 12, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a formal, nonpublic...more

Business Litigation Report -- May 2014

In This Issue: - Main Article: ..Cloud Computing Is a Hot Topic… in Business and the Courtroom - Noted With Interest: ..Garlock: Lifting the Veil on Asbestos Trust Claims - Practice Area...more

FERC Grants Rehearing on State Law Issues in Order No. 1000 Filings

In a trio of orders, FERC softened its approach to considering the effects of state law rights of first refusal in Order No. 1000 regional transmission planning, suggesting a move toward deference to state legal limitations...more

Federal District Court Casts Doubt on the Constitutionality of State Regulation of the Carbon Content of Imported Electricity

Can states constitutionally regulate the carbon content of imported electricity? A recent decision by federal district court in Minnesota may curtail such state regulation, at least in states that are part of pooled...more

Court Declares Minnesota Coal Law Unconstitutional: Electrons Favor the Laws of Physics to Those of Governments

Minnesota legislators passed the Next Generation Energy Act in 2007 which, in part, established power sector standards for carbon dioxide emissions. As a result Minn. Stat. §216H.03 now provides that no person shall...more

Ameren Should LOSE the Latest Battle Over Option 1 Network Upgrade Funding in the Midcontinent ISO Region

Ameren is at it yet again--perpetuating a method for funding generator interconnection network upgrades in MISO that the Federal Energy Regulatory Commission (FERC) found to be unjust, unreasonable, and discriminatory over...more

EIA Electric Power Monthly Update Reports “Shakeup” of Regional ISO Operations

The U.S. Energy Information Administration released its latest Electric Power Monthly Update on March 21, 2014, which reflects significant changes in regional electricity system operations that the report calls “the biggest...more

Louis Dreyfus Unit Settles FERC Enforcement Action Regarding Alleged MISO FTR Market Manipulation

On February 7, 2014, the Federal Energy Regulatory Commission (FERC) approved a Stipulation and Consent Agreement between the Office of Enforcement (OE) and Louis Dreyfus Energy Services, L.P. (LDES) to resolve an...more

MISO Says Presque Isle Coal-Fired Plant Must Stay Open

The Midcontinent Independent System Operator (MISO) has concluded that the 431 MW Presque Isle coal-fired power plant must remain open for reliability reasons. As a result, it has denied the request by We Energies to suspend...more

Watt’s New? Michigan Energy Newsletter - November 2013

In This Issue: - MISO Says Presque Isle Coal-Fired Plant Must Stay Open - Getting Closer to Making Good Energy Decisions - Assessment of Wind Energy Opportunities in Michigan - New Battery Lab at U of M -...more

End-Users Seek Reduction in Base ROEs for Midwest Transmission Owners

On November 12, 2013, a group of industrial and commercial end-users in the Midwest filed a complaint at the Federal Energy Regulatory Commission (FERC) against the Midcontinent Independent System Operator, Inc. (MISO) and...more

MISO to Pay $90,500 to Settle EEOC Disability Discrimination Lawsuit

Power Grid Operator Denied Employee Reasonable Accommodation for Postpartum Depression, Federal Agency Charged - INDIANAPOLIS - Midcontinent Independent Transmission System Operator (MISO), a Carmel, Ind.-based power...more

Court Rules On Cost Allocation For Transmission Upgrades

Michigan’s challenge to the allocation of costs incurred for the upgrade of the Midwest electric grid transmission system has been rejected by the U.S. Court of Appeals for the Seventh Circuit....more

7th Circuit Affirms Socializing Costs of Multi-Value Electric Transmission Projects

On June 7, 2013, the U.S. Court of Appeals for the 7th Circuit issued a decision in Illinois Commerce Commission, et al. v. Federal Energy Regulatory Commission, affirming Federal Energy Regulatory Commission (“FERC”) orders...more

U.S. Court Of Appeals Decision Likely To Impact State Transmission And RES Policies

On June 7th, 2013, the U.S. Court of Appeals for the Seventh Circuit issued an opinion that could have significant impacts on transmission and renewable energy policies all across the country....more

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