at 336. FERC's order also provides MISO, the MISO transmission owners, and any interested parties the opportunity to brief the issues identified in the investigation through written submissions, including a motion or notice to intervene in the proceeding and initial briefs within thirty (30) days of the publication of the order in the Federal Register . MISO Investigation Order, 143 FERC ¶ 61,149 at P 92. PDF Miso Stakeholders - | 450 Million for Memphis Settlement agreement provides Organization of MISO States ... v . No. ITC CEO: 100% transmission cost recovery policy is just ... In general, Appendix H Transmission System Facilities under Rate Schedule 01 of the Transmission Owner's Agreement ("TOA") contains a listing of Transmission System facilities a Transmission Owner has transferred to MISO for the purpose of planning and operation. The addition of GRE changes the rates for GRE, ALTW, NSP, MP and OTP. Ass'n of Businesses Advocating Tariff Equity, et al. Transmission Owner Initial Funding to the pro forma GIA and extending Transmission Owner Initial Funding to the pro forma FCA, and MPFCA, effective prospectively as of August 31, 2018.11 II. Otter Tail Power MidAmerican Energy GENERATION MIX Lower the current 345 kV voltage threshold to 100 kV. 6, 16; PJM Indicated Transmission Owners at p. 18 ("PJM has a successful regional planning process that can serve as an example for the nation."). See MISO Transmission Owners, 819 F.3d at 337. frictions between transmission-dependent utilities and transmission owners can be reduced. Midwest Independent Transmission System Operator, Inc. Order on Initial Decision: ER10-1791-004 09/20/18: Midwest Independent Transmission System Operator, Inc. Order on Rehearing and Clarification: EL18-17-000 06/21/18: Midcontinent Independent System Operator, Inc. Order on Paper Hearing: ER18-783-000 03/15/18: MISO Transmission Owners Additionally, FERC would have to find the corresponding Tariff changes to be just and reasonable. Until 2011, if MISO decided that another transmission fa‐ cility was needed in some part of its domain the MISO member that served the local area in which the facility would be built had the first crack at building it. Filing In its November 12, 2019 filing (Filing), MISO explains that the proposed pro forma FSA will provide a standard agreement for use when a . On November 19, 2020, in EL14-12, FERC issued an Order on Rehearing regarding the MISO TO's ROE. The Sixth Circuit agreed with FERC. 18 Id. 22 Id. FERC said a MISO transmission owner cannot duck refunds stemming from the commission's recent decision to implement a 10.02% return on equity. Midwest ISO System Average Rates change for Schedules 1, 2, 7 & 8. Their protest was in sharp contrast to mostly glowing comments from MISO transmission owners and major power trade groups, who lauded the proposal for providing a mechanism to replace older, less-efficient generation while avoiding a "dual track" of unnecessary retirement and interconnection procedural requirements and costs. 19 Id. Markets Committee. The Midwest ISO (MISO) on Jan. 4 filed with FERC proposed amendments to "Appendix K" of the transmission owners agreement (TOA) to provide the Organization of MISO States (OMS) with certain transmission cost allocation filing rights, John Shepelwich, MISO's director of corporate communications, told TransmissionHub on Jan. 9.. A second related filing was made on Jan. 4 with the Arkansas . Description: Appendix H Transmission System Facilities is a listing of facilities a Transmission Owner has transferred to MISO for the purpose of planning and operation. 21 Id. MISO •Prior FERC orders would have required MISO TOs to "act, at least in part, as a non-profit business. 569-A, FERC will use the RPM, DCF, and CAPM methodologies under both prongs of the FPA section 206 analysis . Transmission owners using historical data are updated annually effective June 1st. Docket for MISO Transmission Owners v. FERC, 16-1325 — Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality open legal information. Parties, docket activity and news coverage of federal case MISO Transmission Owners, et al v. FERC, case number 16-1325, from Appellate - DC Circuit Court. December 15, 2004: Effective December 1, 2004, Great River Energy is a MISO Transmission Owner and pricing zone. MISO Transmission Owners, et al v. FERC. v . MISO Transmission Owners at p. 2 ("in large part, the MISO region serves as a model for effective regional transmission planning"); id. 569-A by dividing the overall composite zone of reasonableness into three equal portions. at 13-14. Several MISO transmission owners ("Petitioners") appealed to the D.C. In its January 26, 2018 opinion, the D.C. Article Five, Section II . Put another way, by modifying the transmission owners' entire enterprise, FERC's orders attack their very business model and thereby create a risk that new capital investment will be deterred." FERC Maintains MISO TO Self-funding Authority. FERC on Thursday approved unexecuted facilities service agreements (FSAs) for three NextEra Energy wind projects . The Competitive Transmission Developer Sector ("Sector") is comprised of companies who (i) are Members of MISO, (ii) have indicated their primary designation as that of Competitive Transmission Developer and (iii) comply with the Mission Statement in II.A below. 4 Mandatory Ancillary Services Scheduling, 569 base ROE. Appendix H Transmission Facilities. 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, ratepayers in the Midcontinent Independent System Operator, Inc. (MISO) footprint will save an estimated $200 million per year. MISO and its Transmission Owners utilize an "N-1" criteria to determine additions, deletions, or modifications to the list of Flowgates. This change requires FERC action. Human Resources Committee. Following FERC's decision in this case, MISO transmission owners must submit compliance filings to revise their tariffs to reflect a 10.32% base ROE and issue refunds for the period of November . Circuit. A list of the companies in this Sector can be found on the MISO website. . Circuit ultimately held that FERC's goal—"to avoid intrusion on the traditional role of the States in MISO - 30.0.0 AGREEMENT OF TRANSMISSION FACILITIES OWNERS TO ORGANIZE THE MIDCONTINENT INDEPENDENT SYSTEM OPERATOR, INC., A DELAWARE NON -STOCK CORPORATION organizing the Midcontinent Independent System Operator, Inc., a Delaware non -stock corporation Rating: Operator, Inc., 150 FERC ¶ 61,025 (2015). Operator, Inc. and Northern Indiana Public Service Company Of the market participants, some represent load and generation (Asset-owning market participant) while others utilize the financial components only (* Financial-only market participant). The Commission also separately evaluated the second compliance filings of two MISO transmission owners. Petitioner: MISO Transmission Owners, ALLETE, Inc., for its operating division Minnesota Power (and its subsidiary Superior Water, L&P), Ameren Services Company, as agent for Union Electric Company d/b/a Ameren Missouri, Ameren Illinois Company d/b/a Ameren Illinois, and Ameren Transmission Company of . See, for example, Section 3 of MISO's Schedule 7 (Long-term and Short-term Firm Public power utilities have participated in jointly-owned transmission arrangements for many . So, if MISO wants transmission built, then lower voltage projects should be competitively bid. FERC ordered MISO to modify its Tariff to require generator consent before the transmission owner funding option could be employed. 14. 2017) Annotate this Case Justia Opinion Summary MISO, a nonprofit association of utilities, manages electrical transmission facilities for its members. Orders on base return on equity of, and refunds by, MISO transmission owners. MISO should realize that the incumbent transmission owners have a vested interest in keeping the transmission projects at a lower voltage to avoid competition. The reason was that the contract among the MISO transmission owners contained a right of first refusal. Navigator at pp. 5 Northern Indiana Public Service Company participates in both the Transmission Owners and the Power Marketers/Brokers stakeholder . MISO shall be responsible for distributing these revenues to transmission owners within MISO. AEP Indiana Michigan Transmission Co, Inc. Support FLP . Energy Regulatory Comm'n, No. The Seventh Id. Transferred Transmission Facilities MISO does not guarantee the accuracy or the completeness of the information contained in the Facilities Listings, which are provided by its Transmission-Owning Members. In addition, we find that MISO and PJM have partially complied with the directives in the Second Compliance Order. MISO and its Transmission Owners utilize an "N-1" criteria to determine additions, deletions, or modifications to the list of Flowgates. System Support Resource Agreement (Y-1) Transmission Service Agreement. Several MISO transmission owners ("Petitioners") appealed to the D.C. MISO Transmission Owners Schedule 26D TMEPS Constructed by PJM Transmission Owners Schedule 37 MTEP Costs for ATSI Zone Schedule 38 MTEP Costs for DEO/DEK Zone MISO Transmission Service Overview Filed with the Iowa Utilities Board on June 16, 2020, RMU-2019-0020. Request for Acceptance Without Modification and Requests for Waivers Refunds in those cases will likely be limited to 15 months beginning from when the first complaint was filed in September 2011, ClearView said. MISO Transmission Owners v. Federal Energy Regulatory Commission, No. Transmission Facilities Owners to Organize the Midwest Independent Transmission System Operator, Inc. (MISO Transmission Owners Agreement), as well as the Tariff that was in effect at the time that ATSI and Duke withdrew from MISO (the pre-withdrawal Tariff), established Duke and ATSI's withdrawal-related obligations. The reason was that the contract among the MISO transmission owners Midcontinent Indep. Circuit held for the Petitioners and vacated FERC's orders. the authorization granted by the owners to miso, subject to the terms of this agreement, shall be sufficient to commit the operation and control of the transmission system to miso for the following purposes: (i) providing non-discriminatory open access transmission service over the transmission system to transmission customers, including the … Please support our work with a donation. at 15. However, the Transmission Owner and MISO have entered into an Agency Agreement whereby MISO can offer transmission service across those facilities. Circuit held for the Petitioners and vacated FERC's orders. MISO transmission owners continued to support the proposal on the basis that the proposal simply adds another option for MISO to employ competitive technology to address transmission system needs. Also effective December 1, 2004, the Schedule 7, 8, and 14 through and out rates on reservations . 3. 8. Feb 18, 2021. 5 MISO's membership list is available at the following link: . MISO Transmission Expansion Plan MVL Marginal Value Limits NERC North American Electric Reliability Corporation NYCA New York Control Area NYISO New York Independent System Operator PG&E Pacific Gas & Electric RNA Reliability Needs Assessment (NYISO) RPCG Technology Committee. of the MISO Transmission Owners Agreement. 3 Appendix C, Article III, Section A.8 of the MISO Transmission Owners Agreement provides that MISO will distribute revenue to a single Transmission Owner within a pricing zone where there is more than one transmission owner. System Planning Committee. A group of MISO transmission owners appealed FERC's decision in Sixth Circuit. FERC determined:FERC will continue applying the ranges of presumptively just and reasonable base ROEs established in Opinion No. The MISO transmission owners, like incumbent transmission owners that have joined other RTOs, conditioned their transfer of operational control of their transmission assets to the RTO on retaining ROFRs to build any new regional transmission facilities approved by the RTOs in their planning processes. LSP contended that FERC erred in allowing MISO to recognize state ROFR laws. 16-1325, et al. 16-3791 (6th Cir. 2020 FERC held Technical Conference May 2020 FERC accepted MISO's filing Aug. 10 . Federal energy regulators have cut the maximum returns that transmission owners in the region overseen by the Midcontinent Independent System Operator can earn, though they did not cut them by as much as the transmission customers in the proceeding had asked for. Keywords: Appendix H, MISO functional control, Transmission Facilities, above 100kV, transferred . Network Operating Agreement. 20 Id. The initial rates for new transmission owners (or those that switch from a historical to forward-looking Attachment O) may be added outside of this cycle, but will be included in the normal annual update cycle thereafter. $33.98 $37.39 $37.39 $37.39 On July 5, 2018, the Midcontinent Independent System Operator, Inc. ("MISO") proposed to restore provisions in its Open Access Transmission, Energy and Operating Reserve Markets Tariff ("Tariff") to allow Transmission Owners the discretion to elect to provide initial funding for network upgrades. These PJM, as the Transmission Provider, will also maintain a list of the projects for which a Transmission Owner has elected to fund the Network Upgrades on PJM's public website. Applying the new methodology, FERC found that the MISO transmission owners' base ROE should be set at 10.02%, a 14-basis point increase over the Opinion No. MISO uses the following criteria to determine if a Flowgate should be included in its AFC process: Once per year, MISO completes a first contingency transfer analysis to identify Flowgates. Most notably, under the new framework established by Opinion No. FERC recently accepted MISO's Storage As Transmission-Only Asset (SATOA) filing which will enable energy storage to be included in MTEP as a Transmission Asset 10 MISO initial filing at FERC for SATOA Dec. 2019 FERC accepts and suspends initial filing Mar. Transmission Owners and MISO transmission owners. Applying the new methodology in a pair of complaints against the MISO transmission owners, FERC determined that the MISO transmission owners' current base ROE should be 9.88%.In its 2017 decision in Emera Maine v. FERC (854 F.3d 9), the U.S. Court of Appeals See Midcontinent Indep. Orders on base return on equity of, and refunds by, MISO transmission owners. Views: 38. 2016) MISO, a regional association, monitors and manages the electricity transmission grid in several midwestern and southern states, plus Manitoba, Canada, balancing the load, setting competitive prices for transmission services, and planning and supervising . AEP Energy Partners, Inc. "MISO's tariff is unjust and unreasonable to the extent that the pro forma FCA and pro forma [multi-party FCA] . Amanda Durish Cook. Transmission Owners, and MISO Transmission Owners, as explained below. at 11. D.C. Cir. The following are Market Participants in SPP's Integrated Marketplace and Transmission Customers of Southwest Power Pool. In exchange, the Transmission Owner can include these Non-Transferred Transmission Facilities in Attachment O for rate recovery. Other Stakeholder Groups. Sys. 16-1325, et al. MISO Transmission Owners v. Fed. MISO ATTACHMENT FF FERC Electric Tariff Transmission Expansion Planning Protocol ATTACHMENTS 85.0.0 Effective On: September 6, 2021 (1) Attachment FF-4 of this Tariff, for Transmission Owners without a separately filed local . do not permit a transmission owner or an affected system operator to unilaterally elect the transmission owner initial funding option for network upgrades similar to the treatment of transmission owners under MISO's pro forma . Some of MISO's largest transmission owners include: Alliant Energy American Transmission Co. Ameren (Missouri and Illinois) American Transmission Systems Duke Cleco Entergy Indianapolis Power and Light ITC Michigan Public Power Agency NSP Companies (Xcel) Northern Indiana Public Service Co. Until 2011, if MISO decided that another transmission facility was needed in some part of its domain the MISO member that served the local area in which the facility would be built had the first crack at building it. Sys. On July 22, 2013, MISO and MISO Transmission Owners,9 submitted, pursuant to section 206 of the FPA,10 revisions to Module A11 and Attachment FF of MISO's Tariff and the Agreement of Transmission Facilities Owners to Organize the Midwest Independent Transmission System Operator, Inc., A Delaware Non-Stock Corporation D.C. Cir. at 13. Local Area Reliability = MISO categories of "Other" and Baseline Reliability projects, including those based on local Transmission Owner needs for reliability, economics, equipment age and condition, environmental, etc. By signing Appendix G of the MISO Agreement, Transmission Owning Members will authorize MISO to act as the agent in the performance of Tariff administrative duties related to "Non-transferred Transmission Facilities." Appendix G (Agency Agreement) of the MISO Agreement Amended Balancing Authority Agreement Pseudo-Tie Agreement (FFF1 and FFF2) Reliability Coordination Service Agreement (KK-1) Resale-Reassignment or Transfer of PTP Transmission Service Agreements (A-2) Selected Developer Agreement. In its January 26, 2018 opinion, the D.C. FERC allowed MISO's transmission owners to self-fund upgrades for power plants in a 2018 remand decision — a revision prompted by a court order. MISO Transmission Owners maintain that termination is justified because of the uncertainty caused by Ellerth's breach and the potential harm to lower-queued projects that could arise if Ellerth terminates the GIA at a later date.23 MISO Transmission 17 Id. The Transmission Customer must agree to pay the Transmission Provider or ITC for any necessary transmission facility additions pursuant to the terms of Section 27. No. Common Template (for compiling the Transmission Owner's list of transmission facilities under MISO's functional control. Donate Now Regulators cut MISO transmission owners' return on equity by 2%. Docket activity of federal case MISO Transmission Owners, et al v. FERC, case number 16-1325, from Appellate - DC Circuit Court. That decision is under review by the U.S. Court . Accordingly, we conditionally accept the Third Compliance Filings, subject to MISO and PJM making additional compliance filings, within 30 days of the Interregional Meetings (IRM) MISO Applications Users Group (MAUG) MISO-SPP Joint Targeted Interconnection Queue Study. Circuit. See Article Two, Section VI(A)(1) of the MISO Transmission Owners Agreement. In general, Appendix H Transmission System Facilities under Rate Schedule 01 of the Transmission Owner's Agreement ("TOA") contains a listing of Transmission System facilities a Transmission Owner has transferred to MISO for the purpose of planning and operation. FERC today adopted a new methodology for determining whether a ROE is just and reasonable under section 206 of the FPA. See Article Two, Section VI(A)(1) of the MISO Transmission Owners Agreement. S/MW-mo. These Transmission System facilities are above 100kV and are normally referred to as transmission facilities "under MISO . Wholesale Distribution Service Agreement. commitments to others, the relevant Transmission Owner(s) or ITC will be obligated to expand or upgrade its (their) Transmission System(s) pursuant to the terms of Section 15.4. According to FERC, it matters that facilities eligible for designation as transmission-only be owned by entities that are party to the MISO transmission owners agreement. These Non-Transferred Transmission Facilities are 100kV and below. MISO and the MISO Transmission Owners shall study the impact of the SPP Interconnection on the MISO transmission system and provide draft results to SPP by: November 15 for SPP interconnection requests provided to MISO on or before August 1 of the same year, website each Transmission Owner's general non-binding indication as to whether the Transmission Owner intends to elect to fund the capital costs of Network Upgrades. Therefore, MISO Transmission Owners would need to agree to file to eliminate the regional through and out rate between MISO and SPP. CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit.We rely on donations for our financial security. Corporate Governance & Strategic Planning Committee. 12 Republic Transmission, LLC participates in both the Transmission Owners and the Competitive Transmission Developers stakeholder groups. PJM shall distribute the revenues that P JM collects under this Attachment to MISO. 14-2153 (7th Cir. The filing includes language complying with Order 1000's limitations on federal rights of first refusal. Spurred by industrial customers' challenge to MISO's ROE rate in 2013, FERC ultimately . These Transmission System facilities are above 100kV and are normally referred to as transmission facilities "under MISO . FERC ordered MISO to modify its Tariff to require generator consent before the transmission owner funding option could be employed. Ass'n of Businesses Advocating Tariff Equity, et al. April 27, 2020 Page 3 IV. The transmission owners also opposed a suggestion made at the conference that they should be required to contract with a third party for storage . at 12. . "Because the transmission organization incentive played little, if any, role in the decisions of most MISO transmission owners to join or remain members in MISO, it is unclear what behavior the transmission organization incentive has incentivized over the past 15 years," the group said. MISO's Oct. 25 FERC Order 1000 filing updates tariff and transmission owner agreements to enhance the existing collaborative nature of its regional planning processes. Based on the action in the MISO cases, lower ROEs can be expected for the undecided complaints involving New England transmission owners, ClearView Energy Partners LLC predicted in a Nov. 21 research note. 4 GridLiance Heartland LLC participates in both the Transmission Owners and the Competitive Transmission Developers stakeholder groups. The Midcontinent Independent System Operator, Inc., formerly named Midwest Independent Transmission System Operator, Inc. (MISO) is an Independent System Operator (ISO) and Regional Transmission Organization (RTO) providing open-access transmission service and monitoring the high-voltage transmission system in the Midwest United States and Manitoba, Canada and a southern United States region . MISO uses the following criteria to determine if a Flowgate should be included in its AFC process: Once per year, MISO completes a first contingency transfer analysis to identify Flowgates. A "Member" is a person or Membership List business entity which is (i) an Eligible Customer, as defined in MISO's Open Access Transmission, Energy and Operating Reserve Markets Tariff, or (ii) a Transmission Owner, as defined in the MISO Agreement, and which ATC is a member of the Midwest Independent Transmission System Operator (MISO), transferring operational control of its transmission facilities to MISO in . Midwest Independent Transmission System Operator, Inc. Order on Initial Decision: ER10-1791-004 09/20/18: Midwest Independent Transmission System Operator, Inc. Order on Rehearing and Clarification: EL18-17-000 06/21/18: Midcontinent Independent System Operator, Inc. 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