FERC Amends the pro forma SGIA to Require Frequency and Voltage Ride-Through Capability

On July 21, 2016, FERC issued a final rule modifying the pro forma Small Generator Interconnection Agreement (“SGIA”) to require newly interconnecting small generators to “ride-through” voltage and frequency disturbances rather than disconnect from the larger transmission system. With this final rule, FERC obligates new small generators—those less than 20 MW—to have comparable ride-through capabilities as those imposed on large-scale counterparts through the pro forma Large Generator Interconnection Agreement (“LGIA”).

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GW Law Journal of Energy & Environmental Law Publishes Article by Adrienne Thompson on Nuclear Energy Industry

The George Washington University Law School Journal of Energy & Environmental Law has published an article by Adrienne Thompson on the nuclear energy industry. The full article, “Short and Long-Term Solutions for Struggling Commercial Nuclear Energy Generators in Restructured Wholesale Markets,” is available to read online here.

FERC Lifts Restriction on MISO Export Pricing to PJM for Multi-Value Projects

On July 13, 2016, FERC issued an order partially lifting a long-standing pricing limitation for energy exports from the Midcontinent Independent System Operator, Inc. (“MISO”) to the PJM Interconnection, LLC (“PJM”) in relation to Multi-Value Projects (“MVPs”). The order—released in response to a remand from the U.S. Court of Appeals for the Seventh Circuit (“Seventh Circuit Court of Appeals”)—resolves a multi-year-long process and debate over how to allocate costs for MISO transmission projects that benefit customers inside of the PJM region. Continue reading

DC Circuit Affirms FERC Order Finding that Mobile-Sierra Does Not Prevent Order No. 1000’s Elimination of Rights of First Refusal

On July 1, 2016 the U.S. Court of Appeals for the District of Columbia denied a petition to review two FERC orders determining that the so-called “Mobile-Sierra” presumption does not preserve “right of first refusal” provisions that are otherwise required to be removed from tariffs and agreements following Order 1000. Although the D.C. Circuit did not hold that the presumption could be generally applied to contract provisions other than rates, the court agreed with FERC that “the doctrine does not extend to anti-competitive measures that were not arrived at through arms-length bargaining.”

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