FERC Substantially Modifies Filing Requirements for Market-Based Rate Sellers and Clarifies Rules on Priority Rights Granted to Owners of Certain Interconnection Facilities

Morrison & Foerster LLP

On October 16, 2015, the Federal Energy Regulatory Commission (FERC or “Commission”) issued Order No. 816 that revises filing requirements for market-based rate (MBR) sellers of electric energy, capacity, and ancillary services. The Final Rule will reduce the administrative burden on current and prospective participants in wholesale power markets in certain respects and create certain new regulatory obligations. Order No. 816 amends Part 35 of the Commission’s regulations. The effective date of the Final Rule is 90 days after Order No. 816 is published in the Federal Register.

FERC also issued an order offering specific guidance to MBR sellers preparing to conduct market power screens and Order No. 807-A clarifying its regulations and policies regarding open access to and priority rights on Interconnection Customer’s Interconnection Facilities (ICIF).

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