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Power & Pipes

FERC, CFTC, and State Energy Law Developments

On May 17, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1000-A, upholding its Order No. 1000 reforms to transmission planning and cost allocation.[1] In Order No. 1000-A, the Commission (1) upheld the minimum criteria that a regional and interregional transmission planning process must satisfy, and reiterated general principles for cost allocation; (2) upheld its decision to remove from Commission-approved tariffs and agreements any federal right of first refusal for transmission facilities selected in a regional or interregional transmission plan for purposes of cost allocation; and (3) did not alter or otherwise extend the deadlines for Transmission Providers to submit compliance filings implementing Order No. 1000. Accordingly, each public utility Transmission Provider must submit a regional Order No. 1000 compliance filing By October 11, 2012. Compliance filings for interregional transmission coordination and interregional cost allocation are due on April 11, 2013.