Bootstrapping in 5 Steps FERC Trumps NERC Without Any Jurisdiction
1. IT'S NOT THE TAG, IT'S THE TRANSMISSION. "Coalition and its supporters are not so much challenging the information required by NERC's tagging plan, per se, as they are challenging what public utilities do with the information." FERC Order, slip opinion, p. 7.
2. AFTER ALL, WE LOVE TAGGING. "We conclude that the establishment by NERC of a requirement to report certain information does not, in and of itself, require a change to the terms and conditions of the Open Access Tariffs¼ because the information which NERC requires is consistent with the information that the tariffs already require." FERC Order, slip opinion, p. 2.
3. SO FEEL FREE TO DENY ACCESS. "Accordingly, a public utility may deny transmission service if a customer does not provide the information in NERC's tagging plan, because such information is part of a completed application for transmission service under the Pro Forma Tariff." FERC Order, slip opinion, p. 8.
4. BUT DON'T INCREASE CURTAILMENTS. "However, a public utility may not impose a different curtailment priority if it accepts an application for transmission service notwithstanding that it does not contain all the information required under NERC's tagging plan." FERC Order, slip opinion, p. 8.
5. GOT THAT? "[T]he question of whether information may be collected is different than the question of what actions can be taken under a utility's tariff in response to the information." FERC Order, slip opinion, p. 2.
(em Bruce W. Radford, editor
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