On April 19, 2017, the U.S. Court of Appeals for the D.C. Circuit unanimously upheld the Federal Energy Regulatory Commission’s (FERC) implementation of Order No. 1000 with respect to ISO-New England (ISO-NE). The D.C. Circuit had previously upheld the legality of the order itself in 2014, and the Seventh Circuit upheld FERC’s implementation of Midcontinent Independent System Operator Inc.’s Order No. 1000 compliance plan in 2016. This week’s decision represents another success for FERC and its Order No. 1000 policy objectives.
Continue Reading FERC Prevails Again in Order No. 1000 Appellate Proceedings

On October 16, 2014, the Federal Energy Regulatory Commission (FERC) issued two orders applying the new two-step, constant growth discounted cash flow (DCF) methodology for determining the base return on equity (ROE) for public utilities that it recently established in Opinion No. 531 (Coakley, Mass. Attorney Gen. v. Bangor Hydro-Electric Co., 147 FERC 61,234 (2014)). An in-depth analysis of Opinion No. 531 is available here.
Continue Reading FERC Establishes New England ROE, Sets MISO ROE for Hearing

FERC recently issued an order approving ISO-New England’s 2014-15 Winter Reliability Program, but ordered ISO-NE to commence stakeholder discussions by January, 2015, to develop a longer term solution to reliability problems in the region. (http://www.ferc.gov/CalendarFiles/20140909165718-ER14-2407-000.pdf).  ISO-NE’s Winter Reliability Program is designed to ensure electric system reliability during the winter months through out-of-market payments to generators making arrangements to run their plants on oil or LNG or to participants who provide demand response when dispatched.
Continue Reading FERC Approves ISO-NE Winter Reliability Program for 2014-15, Requires Stakeholder Discussions to Address Future Reliability Concerns