News & Analysis as of

MISO

Sheppard Mullin Richter & Hampton LLP

FERC Rejects MISO’s Proposed Restrictions on Joining the Development Queue

Securing interconnection and transmission rights and completing related upgrades is often the longest lead-time item in an electric generator’s development timeline. At the same time, many potential new power plants are being...more

Alston & Bird

FERC Issues Notices of Inquiry on Electric Transmission Incentives and Calculating Return on Equity

by Alston & Bird on

Our Energy Group interprets the Federal Energy Regulatory Commission’s two latest notices of inquiry seeking comments on changes to a decade-old transmission incentive policy and how to respond to a federal court decision...more

Jennings, Strouss & Salmon, PLC

FERC to Explore Policy Changes on Transmission Rate Incentives and Base ROE

FERC issued two Notices of Inquiry (NOIs) at its March 21, 2019 open meeting. The NOIs address transmission rate incentives policy (Docket No. PL19-3) and base return on equity (ROE) policy (Docket No. PL19-4). The...more

Stoel Rives - Renewable + Law

FERC Issues NOPR to Eliminate Horizontal Market Screens for Certain MBR Sellers

The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) on December 20 proposing changes to its regulations regarding the horizontal market power analysis required for market-based...more

Morgan Lewis

DC Circuit Affirms FERC Decision on MISO Cost Allocation

by Morgan Lewis on

The US Court of Appeals for the District of Columbia denied challenges to Federal Energy Regulatory Commission orders that rejected a Midcontinent Independent System Operator (MISO) cost allocation proposal on the grounds...more

Stoel Rives - Renewable + Law

Michigan’s PURPA Overhaul – Updating Avoided Cost Calculations And Expanding Standard Offer Contracts

For the first time in almost 30 years, the Michigan Public Service Commission (MPSC) is overhauling its implementation of PURPA. The last time the MPSC evaluated Consumers Energy Company’s (Consumers) avoided cost...more

Stoel Rives - Renewable + Law

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

Shearman & Sterling LLP

FERC Accelerates Efforts to Integrate Electric Storage Projects Into Jurisdictional Wholesale Markets

by Shearman & Sterling LLP on

Over the past year, the Federal Energy Regulatory Commission (FERC) has accelerated its efforts to facilitate integration of electric storage projects into wholesale electricity markets subject to its jurisdiction....more

Wilson Sonsini Goodrich & Rosati

FERC Orders Midwest Energy Markets to Be Opened to Energy Storage

The Federal Energy Regulatory Commission (FERC) has taken another important action to open energy markets to energy storage facilities. In November 2016, FERC released a Notice of Proposed Rulemaking (NOPR) to consider issues...more

Stoel Rives - Renewable + Law

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

Akin Gump Strauss Hauer & Feld LLP

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

Stoel Rives - Renewable + Law

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

Stinson LLP

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

by Stinson LLP on

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

Stinson LLP

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

by Stinson LLP on

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

Orrick, Herrington & Sutcliffe LLP

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

Stoel Rives LLP

MISO Proposes Interconnection Queue Reform To Address Continuing Delays

by Stoel Rives LLP on

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

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP

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

Stoel Rives LLP

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

by Stoel Rives LLP on

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

Akin Gump Strauss Hauer & Feld LLP

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

Quinn Emanuel Urquhart & Sullivan, LLP

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

Morgan Lewis

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

by Morgan Lewis on

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

Davis Wright Tremaine LLP

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

by Davis Wright Tremaine LLP on

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

Stoel Rives LLP

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

by Stoel Rives LLP on

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

Stoel Rives LLP

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

by Stoel Rives LLP on

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

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