On November 12, the Commission resolved two certified questions and held that retail ratepayers have the right to file complaints and protest transmission rates and wholesale power sales rates when some portion of the rates will be flowed through to their retail bill.
FERC, CFTC, and State Energy Law Developments
FERC issued two decisions on October 16 involving its policies for determining the return on equity (ROE) for transmission-owning members of ISO New England (ISO-NE) and the Midcontinent Independent System Operator, Inc.
Across the United States, there is a growing interest in distributed generation, which produces electricity in small quantities near the point of use, rather than in large amounts in a few places.
On August 15, the U.S. Court of Appeals for the District of Columbia Circuit rejected the challenges filed By various utilities, industry groups, and state commissions that claimed that the Federal Energy Regulatory Commission (FERC or the Commission) overstepped its authority.
In a Notice of Proposed Rulemaking issued on June 19, FERC proposed to approve a new Reliability Standard— MOD-001-2 (Modeling, Data, and Analysis)—to govern the calculation of the various components of Available Transfer Capability (ATC), including Total Transfer Capability, Existing Transmission Commitments, Transmission Reliability Margin, and Capacity Benefit Margin.
FERC has approved a new Reliability Standard to address Geomagnetic Disturbances (GMDs).
New proposals aim to reduce regulatory burden on generation developers.
In a Notice of Proposed Rulemaking issued on September 20, 2012, FERC proposed to approve the Northeast Power Coordinating Council’s (NPCC’s) Regional Reliability Standard on Underfrequency Load Shedding (UFLS).
At FERC’s open meeting on April 19, 2012, FERC approved several orders addressing core aspects of Reliability Standards compliance, including cybersecurity Reliability Standards, compliance registration, and contingency planning issues.
In an order issued on March 30,  the Federal Energy Regulatory Commission (FERC or Commission) issued an order requiring "postage stamp" pricing to allocate the costs of new 500 kV and above transmission projects in the PJM Regional Transmission Organization Region.