Six years after Congress granted FERC “backstop” siting authority for electric transmission projects in the Energy Policy Act of 2005, the regulatory landscape is still evolving as a result of...
Open Access on Trial
The old rules don’t always fit with new commercial realities.
to reduce the burdens of filing and administering a full-blown OATT, FERC has rejected these efforts and required full compliance with pro forma OATT provisions in most cases. See, for example, Desert Generation & Transmission Coop., Inc., 134 FERC ¶ 61,134 (2011). See also, “Deal Friction,” by Bruce W. Radford, Public Utilities Fortnightly, April 2011, p. 20, noting complaints at the conference from sponsors of generator lead lines about compliance with open access rules, and suggesting that green energy developers might be better off without open access.
17. Transcript of Technical Conference at 122-23, 127, 136-40.