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MISO Staff Proposes Forward Auction Plan for Retail Electric Choice

Regulatory News

On July 20, 2016 MISO (Midcontinent Independent System Operator, Inc.) proposed draft rules for changes to its planning reserves auction for retail competitive states. Once finalized, the proposal will be filed with the Federal Energy Regulatory Commission (FERC) for approval following several stakeholder meetings. The informal stakeholder meetings began last week where MISO unveiled its …

Exelon/ComEd Proposed Legislation in IL – Status and Potential Impacts

Regulatory News

Exelon/ComEd Proposed Legislation if Passed in IL could have Ratepayers on the Hook for Almost a Billion Dollars Over the Next 6 years to Subsidize Financially Distressed Nuclear Power Plants As reported in Crain’s Chicago on May 19th, SB 1585, also known as the Exelon/ComEd Bill (“the Bill”) calls for shifting from a “Low Carbon …

AEP Ohio and First Energy Seek PUCO Approval on Revised Power Purchase Agreements

Regulatory News

On April 27th, after Federal Energy Regulatory Commission (FERC) unanimously rejected Public Utility Commission Ohio’s (PUCO’s) March 31, 2016 approvals of AEP and First Energy’s Power Purchase Agreements (PPAs) both utilities filed modified proposals. FERC rejected the PPAs on anti-competitive affiliate contracting waiver grounds under the Edgar/Allegheny standards.  The PPA contracts would have allowed the unregulated …

Supreme Court unanimously sides with Talen in electric generation case

Regulatory News

On April 19, 2016 the Supreme Court unanimously upheld the Federal Energy Regulatory Commission’s (FERC) authority by finding the Maryland regulators overstepped their authority when they approved a contract that included financial subsidies to encourage construction of a new power plant in their state. The lower courts had sided with rival power suppliers who said …

PUCO Approves AEP Ohio and First Energy PPA Stipulations

Regulatory News

On March 31, 2016 the Public Utilities Commission of Ohio (PUCO) separately approved AEP Ohio and First Energy’s Purchase Power Agreements (PPAs) (14-1693-EL-RDR and 14-1297-EL-SSO) allowing the two utilities to enter into an eight-year power purchase agreement (ending May 31, 2024) to support their select utility affiliate generation units.  The products procured through the PPAs …

PUCO’s “fixed-means-fixed” Order

Regulatory News

On November 18, 2015, the Public Utilities Commission of Ohio issued its Finding and Order in Case No. 14-568-EL-COI, which held that Competitive Retail Electric Service (CRES) providers cannot include pass-through clauses in contracts labeled as “fixed-rate.” This case was triggered by FirstEnergy Solutions’ attempt in 2015 to pass through polar vortex charges pursuant to …

Maryland Commission Strengthens Consumer Protection Rules

Regulatory News

On February 10, 2016, the Maryland Public Service Commission (PSC) approved final retail market consumer protection rules (Docket RM54) for competitive electric and gas suppliers. These rules are expected to be published on March 4, 2016 and will become effective ten days later. The new rules implemented include operational changes, as well as many additional …

Demand Response FERC Order 745 Here To Stay

Regulatory News

The United States Supreme Court ruled in January, 2016 that the Federal Power Act (FPA) authorizes the Federal Energy Regulatory Commission (FERC) to regulate wholesale market operators’ compensation of demand response participants. It also upheld FERC’s 2011 Demand Response Order 745 which states that demand response providers must be reimbursed at the same price paid …