Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on February 20, 2025, pursuant to the sunshine notice released on February 13, 2025.
Note: The agenda included only Electric items and was not supplemented or modified following its issuance. It has not been common practice for FERC to exclude all other items (Gas, Certificates, and Hydro). Our team will monitor the open meeting for any clarification or commentary by the Commissioners related to the unique nature of this month's agenda.
In this issue…
- Electric Items
Electric
E-1 – PJM Interconnection, L.L.C., et al. (Docket No. EL25-49-000); Large Loads Co-Located at Generating Facilities (Docket No. AD24-11-000); Constellation Energy Generation, LLC v. PJM Interconnection, L.L.C. (Docket No. EL25-20-000) (consolidated). On November 22, 2024, Constellation Energy Generation, LLC (Constellation) filed a complaint against PJM Interconnection, L.L.C. (PJM), pursuant to Section 206 of the Federal Power Act (FPA). In the complaint, Constellation alleged that the Open Access Transmission Tariff (OATT) of PJM is unjust, unreasonable, and unduly discriminatory with respect to the lack of rules for interconnected generating resources in the provision of service to Fully Isolated Co-Located Load (i.e., behind-the-meter data center loads). Constellation asserted that the lack of applicable rules has impaired generators in PJM from entering into voluntary, bilateral service agreements for data center projects. Constellation stated that, while the PJM OATT does not expressly prohibit Fully Isolated Co-Located Load, certain local utilities have served large end use loads in a manner that circumvented the filed rate doctrine of the Commission and the “rule of reason.” Accordingly, Constellation proposed that the Commission should adopt a replacement rate in order to formally establish the rules that PJM has applied to generators seeking to provide service to Fully Isolated Co-Located Load. In March and April of 2024, PJM promulgated guidance relating to co-located interconnection customers, which, based on the complaint, clarified certain existing practices and set forth new procedures that were not otherwise reflected in the PJM OATT. Citing a number of similar proceedings, Constellation requested that the Commission incorporate certain sections of the PJM guidance into the OATT so as to formalize the process for the reliability analyses, technology requirements, and obligations of capacity resources seeking to provide service to Fully Isolated Co-Located Load.
A number of stakeholders filed comments to the Constellation complaint, generally contending that the Commission should act to provide regulatory certainty by ensuring that co-located generating resources and large loads are not subject to unlawful barriers to market entry. Other parties recommended that, in lieu of incorporating certain sections of the PJM guidance, the Commission initiate expedited settlement procedures to address current barriers to co-located load arrangements in PJM.
PJM submitted a response on December 12, 2024 and an answer on January 21, 2025, respectively, stating that the Constellation complaint was the “least suited” to address the complex issue of large loads associated with data centers. PJM referenced the several ongoing proceedings before the Commission with respect to large co-located loads—such as the Technical Conference convened in Docket No. AD24-11-000—as more appropriate avenues rather than the limited scope of a complaint. PJM asserted that Constellation sought to insert its own preferred method for co-locating data centers with large generators into the OATT without furnishing sufficient evidence that the already available methods are unjust and unreasonable. In the answer, PJM stated that no company owning or operating data centers had submitted comments responsive to the complaint, and there is no record demonstrating that data centers require co-located configurations over traditional network configurations. On February 7, 2025, Constellation submitted its answer to the PJM filings, emphasizing that it had satisfied the burden of proof for the complaint by showing that the PJM guidance for ensuring reliable service to co-located loads belongs in the PJM OATT. Constellation reaffirmed the need for prompt action given the projections of significant demand increase in PJM, largely driven by the development of data centers, in the coming years.
On August 2, 2024, Commission initiated a docket for a Technical Conference regarding Large Loads Co-Located at Generating Facilities. In a Supplement Notice issued on August 16, 2024, the Commission clarified that the Technical Conference proceeding would explore issues broadly related data center co-location, such as the provision of wholesale transmission or ancillary services, related cost allocation, and potential impacts to resource adequacy, reliability, affordability, markets, and customers. A number of entities submitted pre- and post-technical conference comments, including white papers commissioned to study and analyze relevant issues. The North American Electric Reliability Corporation (NERC) filed a statement highlighting the potential for co-location to improve grid reliability while highlighting the need to evaluate site-specific risks (e.g., thermal overloads, voltage issues, or stability issues). For its part, PJM filed a statement indicating that nearly 8.5 gigawatts of proposed large co-located loads have requested studies in the PJM market, and referred to its guidance document from March and April of 2024. PJM reiterated its prior recommend that large co-located loads should be in front of the meter and designed as PJM Networked Load, which would ensure reliability benefits and planning efficiencies. Rules for both Networked Load and Networked Co-Located Load—where the load is a Network Integration Transmission Service customer and relies on the grid in part and the behind-the-meter (co-located resource) in part—are already included in the PJM OATT.
The Technical Conference was convened on November 1, 2024. A number of stakeholders filed comments following the Technical Conference, including Constellation on December 9, 2024. In the comments, Constellation again pointed to the lack of provisions in the PJM OATT with respect to the governance of co-located loads, and requested that the Commission focus “immediate attention” in closing this gap. Technology companies, such as Google, filed comments requesting that the Commission implement certain requirements for co-location facilities, including a demonstration that it will not have a negative impact on reliability for other customers on the grid and that co-location should not lead to unduly shifting direct transmission and distribution costs to other ratepayers. To that end, Google and others also recommended that the Commission adopt a similar “commitment-backed” readiness requirement (i.e., an upfront deposit) to incentivize only those large load adjustments that are financially viable rather than speculative (or duplicative). Other parties alluded to the need for improved load forecasting in light of significant growth projections, as well as increased transparency by the regional grid operators in furnishing the information.
Agenda item E-1 may be an order on the Constellation complaint against PJM and the Technical Conference.
E-2 – Louisville Gas and Electric Company and Kentucky Utilities Company (Docket No. ER24-2018-000). On May 15, 2024, Louisville Gas and Electric Company and Kentucky Utilities Company (collectively, LG&E/KU) submitted a compliance filing, pursuant to Order Nos. 2023 and 2023-A and section 206 of the FPA, with respect to revisions of the eTariff records of the LG&E/KU OATT. Order No. 2023, issued by the Commission on July 28, 2023, reformed the generator interconnection study processes of public utility transmission providers operating under effective OATTs. Primarily, Order No. 2023 required that transmission providers employ a first-ready, first-served cluster study process for large generating facilities exceeding 20 MW. Order No. 2023-A, issued on March 21, 2024, extended the compliance filing deadline to May 16, 2024. Accordingly, LG&E/KU proposed to revise its Large Generator Interconnection Procedures (LGIP), Large Generator Interconnection Agreement (LGIA), Small Generator Interconnection Procedures (SGIP), and Small Generator Interconnection Agreement (SGIA). Agenda item E-2 may be an order on the Order No. 2023 compliance filing by LG&E/KU.
E-3 – Tri-State Generation and Transmission Association, Inc. (Docket No. ER24-2040-000). On May 16, 2024, Tri-State Generation and Transmission Association Inc. (Tri-State) submitted a compliance filing, pursuant to Order Nos. 2023 and 2023-A and section 206 of the FPA, with respect to revisions of the eTariff records of the Tri-State OATT. Order No. 2023, issued by the Commission on July 28, 2023, reformed the generator interconnection study processes of public utility transmission providers operating under effective OATTs. Primarily, Order No. 2023 required that transmission providers employ a first-ready, first-served cluster study process for large generating facilities exceeding 20 MW. Order No. 2023-A, issued on March 21, 2024, extended the compliance filing deadline to May 16, 2024. Accordingly, Tri-State proposed to revise its LGIP, LGIA, SGIP, and SGIA. Agenda item E-3 may be an order on the Order No. 2023 compliance filing by Tri-State.
E-4 – Nevada Power Company and Sierra Pacific Power Company (Docket No. ER24-1847-000). On April 26, 2024, Nevada Power Company and Sierra Pacific Power Company (collectively, NV Energy) submitted a compliance filing, pursuant to Order Nos. 2023 and 2023-A and section 206 of the FPA, with respect to revisions of the eTariff records of the NV Energy OATT. Order No. 2023, issued by the Commission on July 28, 2023, reformed the generator interconnection study processes of public utility transmission providers operating under effective OATTs. Primarily, Order No. 2023 required that transmission providers employ a first-ready, first-served cluster study process for large generating facilities exceeding 20 MW. Order No. 2023-A, issued on March 21, 2024, extended the compliance filing deadline to May 16, 2024. Accordingly, NV Energy proposed to revise its LGIP, LGIA, SGIP, and SGIA. Agenda item E-4 may be an order on the Order No. 2023 compliance filing by NV Energy.
E-5 – Dominion Energy South Carolina, Inc. (Docket No. ER24-2029-000). On May 16, 2024, Dominion Energy South Carolina, Inc. (Dominion Energy) submitted a compliance filing, pursuant to Order Nos. 2023 and 2023-A and section 206 of the FPA, with respect to revisions of the eTariff records of the Dominion Energy OATT. Order No. 2023, issued by the Commission on July 28, 2023, reformed the generator interconnection study processes of public utility transmission providers operating under effective OATTs. Primarily, Order No. 2023 required that transmission providers employ a first-ready, first-served cluster study process for large generating facilities exceeding 20 MW. Order No. 2023-A, issued on March 21, 2024, extended the compliance filing deadline to May 16, 2024. Accordingly, Dominion Energy proposed to revise its LGIP, LGIA, SGIP, and SGIA. Agenda item E-5 may be an order on the Order No. 2023 compliance filing by Dominion Energy.
E-6 – California Independent System Operator Corporation (Docket No. ER25-437-000). On November 14, 2024, California Independent System Operator Corporation (CAISO) submitted a proposed amendment to its Tariff in order to implement the Extended Day-Ahead Market (EDAM) Access Charge framework within the CAISO Balancing Authority Area (CAISO BAA). In the filing, CAISO stated that the Tariff amendment would support optimal day-ahead commitment of a geographically diverse set of resources across an expanded market area. Specifically, CAISO requested approval to add a new section to its Tariff that would allow it to: 1) include eligible EDAM Recoverable Revenue in the EDAM Access Charges; 2) enable the Participating Transmission Owners in the CAISO BAA to establish EDAM Recoverable Revenue; and 3) specify the manner by which EDAM Access Charges assessed to the CAISO BAA will be sub-allocated within the CAISO BAA. On December 5, 2024, the Northern California Power Agency and the California Department of Water Resources filed respective comments, both indicating support for the EDAM Access Charge framework. Agenda item E-6 may be an order on the proposed Tariff amendment by CAISO.
E-7 – Salsa Solar Energy, LLC and Towner Wind Energy III LLC v. Public Service Company of Colorado (Docket No. EL24-50-000). On December 22, 2023, Salsa Solar Energy, LLC and Towner Wind Energy III LLC (collectively, Invenergy) filed a complaint, pursuant to sections 206 and 306 of the Federal Power Act (FPA), against the Public Service Company of Colorado (PSCo). In the complaint, Invenergy alleged that PSCo contravened Commission policy by improperly setting aside transmission capacity in its Large Generator Interconnection Procedures (LGIP) under the PSCo Tariff, specifically with respect to the Provisional Interconnection Study process. Invenergy stated that PSCo improperly modeled native load resources in the base case interconnection study ahead of the three Invenergy projects that had been placed in earlier queue positions, and cited a recent proceeding in which the Commission determined that a transmission service request associated with a lower-queued generation interconnection could not be treated as a pre-existing capacity reservation in the interconnection study of a higher-queued generation project. Invenergy requested that the Commission require PSCo to conduct the interconnection studies in accordance with Commission policy (i.e., by requiring higher-queued customers to be studied before lower-queued customers). On January 18, 2024, Xcel Energy Services Inc. (Xcel), on behalf of PSCo, submitted a motion to dismiss the complaint and answer. In the filing, Xcel contended that Invenergy had relied upon expected and anticipated results of three Provisional Interconnection Studies, which constituted a premature complaint under which the Commission cannot rule without knowing the results of the studies. Xcel also stated that PSCo has correctly set aside transmission capacity to serve its native load customers while adhering to certain state-mandated emission-level requirements. Specifically, Xcel pointed to a significant transmission buildout in the state of Colorado in order to access new renewable generating facilities, as well as the “limited headroom” in the existing PSCo transmission system. On February 2, 2024, Invenergy filed a response to the Xcel answer, citing a lack of reference to any case law, Commission orders, or provision of law that support “never-before permitted exceptions” to the requirements of transmission owners in interconnection study procedures. On February 16, 2024, the Colorado Public Utilities Commission (CoPUC) filed comments out-of-time, stating that it is obligated under Colorado state law to implement resource planning and greenhouse gas emission-reduction goals and that a decision in favor of Invenergy may adversely affect the pursuit of those state policy targets and the incentive structure for other Colorado utilities to invest in new transmission projects. Agenda item E-7 may be an order on the complaint.
E-8 – Atlantic City Electric Company and PJM Interconnection, L.L.C., Baltimore Gas and Electric Company and PJM Interconnection, L.L.C., Commonwealth Edison Company and PJM Interconnection, L.L.C., Delmarva Power & Light Company and PJM Interconnection, L.L.C., PECO Energy Company and PJM Interconnection, L.L.C., Potomac Electric Power Company and PJM Interconnection, L.L.C. (Docket Nos. ER24-2888-001, ER24-2889-001, ER24-2890-001, ER24-2891-001, ER24-2893-001 & ER24-2894-001 (not consolidated)). On August 28, 2024, Atlantic City Electric Company, Baltimore Gas and Electric Company, Commonwealth Edison Company, Delmarva Power & Light Company, PECO Energy Company, and Potomac Electric Power Company (collectively, Exelon Companies) submitted proposed revisions to Attachment H of the PJM Interconnection, L.L.C. (PJM) Open Access Transmission Tariff (OATT). The revisions proposed by the Exelon Companies would revise each respective Attachment H-1 transmission rate schedules that co-located load either must receive Network Integration Transmission Service and therefore be designated as Network Load or receive Point-to-Point Transmission Service. On November 22, 2024, the Commission issued a deficiency letter to the Exelon Companies. On December 20, 2024, the Exelon Companies submitted responses to the Commission's deficiency letters. In addition, numerous parties have filed Protests against the Exelon Companies proposed tariff changes and their response to the Commission's deficiency letter. Agenda item E-8 may be an order relating to the proposed changes by the Exelon Companies to their Attachment H-1 transmission rate schedules regarding treatment of co-located electric load.
E-9 – North American Electric Reliability Corporation (Docket No. RD25-1-000, RD25-2-000, and RD25-3-000). On November 4, 2024, the North American Electric Reliability Corporation (NERC) submitted pursuant to Section 215(d)(1) of the FPA petitions for Commission approval (1) under Docket No. RD25-1-000, a new definition of the term Inverter-Based Resource (IBR), for inclusion in the Glossary of Terms used in NERC Reliability Standards; (2) under Docket No. RD25-2-000, proposed Reliability Standards PRC-002-5 – Disturbance Monitoring and Reporting Requirements and PRC-028-1 – Disturbance Monitoring and Reporting Requirements for Inverter-Based Resources; and (3) under RD-25-3-000, proposed Reliability Standard PRC-030-1 – Unexpected Inverter-Based Resource Event Mitigation. Agenda item E-9 may be an order the NERC's proposed IBR-related changes to its Reliability Standards and Glossary of Terms.
E-10 – North American Electric Reliability Corporation (Docket No. RD25-1-000, RD25-2-000, and RD25-3-000). On December 17, 2024, the NERC submitted pursuant to Section 215(d)(1) of the FPA petition for Commission approval of proposed Reliability Standard TPL-008-1 – Transmission System Planning Performance Requirements for Extreme Temperature Events. Agenda item E-10 may be an order on NERC's petition for approval of proposed Reliability Standard TPL-008-1.
E-11 – Form 580 – Interrogatory on Fuel and Energy Purchase Practices and DTE Electric Company (Docket No. IN79-6-000). On October 31, 2024, DTE Electric Company (DTE) submitted a petition pursuant to Commission Rule 207 for a partial waiver of FERC Form No. 580, Interrogatory on Fuel and Energy Purchase Practices, reporting requirements for the 2022 to 2023 reporting period. Agenda item E-11 may be an order relating to DTE's waiver request.
E-12 – Great Basin Transmission, LLC (EL24-127-000). On July 11, 2024, pursuant to Section 219 of the FPA, Order 679, and the Commission's policy statement on transmission incentives, Great Basin Transmission, LLC (Great Basin) filed a petition for declaratory order requesting the Commission issue a declaratory order authorizing transmission incentives for the Great Basin Southwest Intertie Project–North Transmission Line Project and associated upgrades to the existing One Nevada 500 kV Transmission Line Project (collectively, the Great Basin Projects). Specifically, Great Basin requested incentive rate treatment (1) for full recovery of prudently incurred costs if the Great Basin Projects are abandoned for reasons beyond Great Basin's control, and (2) creating of a regulatory asset incentive for deferred recovery of prudently incurred pre-commercial costs. Agenda item E-12 may be an order on the Great Basin petition for declaratory order.
E-13 – Talen Energy Marketing, LLC; Brandon Shores LLC; Brunner Island, LLC; Camden Plant Holding, L.L.C; Dartmouth Power Associates Limited Partnership; H.A. Wagner LLC; LMBE Project Company LLC; MC Project Company LLC; Montour, LLC; Susquehanna Nuclear, LLC. (Docket Nos. ER15-2013-015; ER12-2510-01; ER15-2014-009; ER10-2435-022; ER10-2440-014; ER12-2512-012; ER19-481-005; ER18-2252-004; ER15-2022-008; ER15-2026-008). On June 30, 2023, Talen Energy Marketing, LLC; Brandon Shores LLC; Brunner Island, LLC; Camden Plant Holding, L.L.C; Dartmouth Power Associates Limited Partnership; H.A. Wagner LLC; LMBE Project Company LLC; MC Project Company LLC; Montour, LLC; Susquehanna Nuclear, LLC (collectively, the Talen Northeast MBR Sellers) submitted an updated market power update for the Northeast region to demonstrate they continue to satisfy the Commission's tests for market-based rate authorization in the Northeast region. On July 7, 2023, the Talen Northeast MBR Sellers submitted an Erratum correcting the ownership percentage of one generating station. On August 28, 2023, the Independent Market Monitor (IMM) for PJM Interconnection, L.L.C. (PJM) submitted comments in multiple June 2023 Northeast triennial market-power update dockets to repeat its view that the current approach for market power mitigation in the PJM energy markets is insufficient to support reliance on the presumption of effective market power mitigation by PJM. On September 15, 2023, PJM submitted Reply Comments in response to the IMM's comments arguing that as the Commission has already found, an individual MBR compliance proceeding is not the appropriate forum to address general concerns about PJM's market power mitigation rules and arguing that PJM's current market rules provide sufficient market mitigation. On November 5, 2024, the Commission issued a Deficiency Letter requesting additional information with respect to the upstream ownership of the Talen Northeast MBR Sellers. On December 5, 2024, the Talen Northeast MBR Sellers submitted their deficiency response. Agenda item E-13 may be an order on the Talen Northeast MBR Sellers June 2023 triennial update filing.
E-14 – Bethpage Energy Center 3, LLC; Calpine Bethlehem, LLC; Calpine Community Energy, LLC; Calpine Construction Finance Company, L.P.; Calpine Energy Solutions, LLC; Calpine Fore River Energy Center, LLC; Calpine Mid-Atlantic Generation, LLC; Calpine Mid-Atlantic Marketing, LLC; Calpine Mid Merit, LLC; Calpine Mid-Merit II, LLC; Calpine New Jersey Generation, LLC; Calpine Northeast Development, LLC; Calpine PowerAmerica – CA, LLC; Calpine Vineland Solar, LLC; Calpine Vineland Solar, LLC; CES Marketing IX, LLC; CES Marketing X, LLC; Calpine Energy Services, L.P. (Docket Nos. ER10-2042-046; ER10-1944-012; ER10-2051-014; ER23-944-004; ER10-1942-038; ER17-696-026; ER14-2931-012; ER10-2043-014; ER10-2029-016; ER10-2041-014; ER18-1321-007; ER10-2040-014; ER20-1939-005; ER10-1938-041; ER10-2036-015; ER10-1934-040; ER10-1893-040). On June 30, 2023, Calpine Energy Services, L.P.; Bethpage Energy Center 3, LLC; Calpine Bethlehem, LLC; Calpine Community Energy, LLC; Calpine Construction Finance Company, L.P.; Calpine Energy Solutions, LLC; Calpine Fore River Energy Center, LLC; Calpine Mid-Atlantic Generation, LLC; Calpine Mid-Atlantic Marketing, LLC; Calpine Mid Merit, LLC; Calpine Mid-Merit II, LLC; Calpine New Jersey Generation, LLC; Calpine Northeast Development, LLC; Calpine PowerAmerica – CA, LLC; Calpine Vineland Solar, LLC; Calpine Vineland Solar, LLC; CES Marketing IX, LLC; CES Marketing X, LLC (collectively, Calpine Northeast MBR Sellers) submitted an updated market power update for the Northeast region to demonstrate they continue to satisfy the Commission's tests for market-based rate authorization in the Northeast region. On November 5, 2024, the Commission issued a deficiency letter requesting additional information from the Calpine Northeast MBR Sellers regarding upstream ownership. On December 5, 2024, the Calpine Northeast MBR Sellers submitted their response to the deficiency letter. Agenda item E-14 may be an order on the Calpine Northeast MBR Sellers June 2023 Northeast triennial update filing.
E-15 – Alabama Electric Marketing, LLC; Berkshire Power Company, LLC; California Electric Marketing, LLC; LQA, LLC; New Mexico Electric Marketing, LLC; Tenaska Energía de Mexico, S. de R.L. de C.V.; Tenaska Pennsylvania Partners, LLC; Tenaska Power Management, LLC; Tenaska Power Services Co.; Tenaska Virginia Partners, L.P.; Texas Electric Marketing, LLC (Docket Nos. ER10-1585-022; ER10-2480-012; ER10-1594-022; ER16-733-013; ER10-1617-022; ER16-1148-013; ER18-1960-006; ER12-60-024; ER10-1632-024; ER10-1626-014; ER10-1628-022). On June 28, 2023, Alabama Electric Marketing, LLC; Berkshire Power Company, LLC; California Electric Marketing, LLC; LQA, LLC; New Mexico Electric Marketing, LLC; Tenaska Energía de Mexico, S. de R.L. de C.V.; Tenaska Pennsylvania Partners, LLC; Tenaska Power Management, LLC; Tenaska Power Services Co.; Tenaska Virginia Partners, L.P.; Texas Electric Marketing, LLC (collectively, the Tenaska Northeast MBR Sellers) submitted an updated market power update for the Northeast region to demonstrate they continue to satisfy the Commission's tests for market-based rate authorization in the Northeast region. On November 5, 2024, the Commission issued a deficiency letter requesting additional information from the Tenaska Northeast MBR Sellers regarding upstream ownership. On December 5, 2024, the Tenaska Northeast MBR Sellers submitted their response to the deficiency letter. Agenda item E-15 may be an order on the Tenaska Northeast MBR Sellers June 2023 Northeast triennial update filing.
E-16 – Potomac Electric Power Company; Atlantic City Electric Company; Baltimore Gas and Electric Company; Commonwealth Edison Company; Delmarva Power & Light Company; PECO Energy Company (Docket Nos. ER10-2997-007; ER10-2997-008; ER10-2172-030; ER10-2172-031; ER10-1048-027; ER10-1048-028; ER10-3018-007; ER10-3018-008; ER10-1143-026; ER10-1143-027; ER10-3030-007; ER10-3030-008). On December 29, 2022, Potomac Electric Power Company; Atlantic City Electric Company; Baltimore Gas and Electric Company; Commonwealth Edison Company; Delmarva Power & Light Company; PECO Energy Company (collectively, the Exelon Northeast MBR Sellers) submitted an updated market power update for the Northeast region to demonstrate they continue to satisfy the Commission's tests for market-based rate authorization in the Northeast region. On February 17, 2023, the Independent Market Monitor (IMM) for PJM Interconnection, L.L.C. (PJM) submitted comments in multiple December 2022 Northeast triennial market-power update dockets to repeat its view that the current approach for market power mitigation in the PJM energy markets is insufficient to support reliance on the presumption of effective market power mitigation by PJM. Agenda item E-16 may be an order on the Exelon Northeast MBR Sellers December 2022 Northeast triennial update filing.
E-17 – TransAlta Energy Marketing (U.S.) Inc.; Antrim Wind Energy LLC; Big Level Wind LLC; TransAlta Energy Marketing Corporation (Docket Nos. ER10-2806-007; ER19-1889-003; ER18-1984-003; ER10-2818-007). On December 30, 2022 TransAlta Energy Marketing (U.S.) Inc.; Antrim Wind Energy LLC; Big Level Wind LLC; TransAlta Energy Marketing Corporation (collectively, the TransAlta Northeast MBR Sellers) submitted for filing an updated market power update for the Northeast region to demonstrate they continue to satisfy the Commission's tests for market-based rate authorization in the Northeast region. On February 17, 2023, the Independent Market Monitor (IMM) for PJM Interconnection, L.L.C. (PJM) submitted comments in multiple December 2022 Northeast triennial market-power update dockets to repeat its view that the current approach for market power mitigation in the PJM energy markets is insufficient to support reliance on the presumption of effective market power mitigation by PJM. On March 19, 2024, the Commission issued a Commission issued a deficiency letter requesting additional information from the TransAlta Northeast MBR Sellers regarding upstream ownership. On April 10, 2024, the TransAlta Northeast MBR Sellers submitted their response to the deficiency letter. Agenda item E-17 may be an order on the TransAlta Northeast MBR Sellers December 2022 Northeast triennial update filing.
White & Case means the international legal practice comprising White & Case LLP, a New York State registered limited liability partnership, White & Case LLP, a limited liability partnership incorporated under English law and all other affiliated partnerships, companies and entities.
This article is prepared for the general information of interested persons. It is not, and does not attempt to be, comprehensive in nature. Due to the general nature of its content, it should not be regarded as legal advice.
© 2025 White & Case LLP
