Pending Cases

No. 16-1285 (D.C. Cir. filed 8/11/2016) Denial of market-based rate authority for natural gas storage service. ANR Storage Co., Opinion No. 538, 153 FERC ¶ 61,052 (2015), order on reh'g, 155 FERC ¶ 61,279 (2016). Status: petition for review granted and case remanded for further proceedings to FERC

Nos. 16-1272 and 16-1273 (D.C. Cir. filed 8/3/2016) Orders requiring ITC to recalculate and reduce its rates to simulate the taking of bonus depreciation for eligible facilities in its federal income taxes. Midcontinent Indep. System Operator, Inc. and ITC Midwest LLC,154 FERC ¶ 61,187 (2016), order on reh'g & compl.,155 FERC ¶ 61,248 (2016); ITC Midwest LLC, 154 FERC ¶ 61,188 (2016), reh'g reconsid. denied, 155 FERC ¶ 61,247 (2016). et al. Status: dismissed 3/20/2017

No. 16-1244 (D.C. Cir. filed 7/18/2016) Service area determinations for natural gas distribution facilities that extend across the Tennessee/ Kentucky border into Kentucky. City of Clarksville, Tenn.,146 FERC ¶ 61,074 (2014), reh'g denied, 155 FERC ¶ 61,184 (2016). Status: petition for review granted 4/24/2018

No. 16-1245 (D.C. Cir. filed 7/16/2016) Order granting in part complaints, alleging that Enterprise has violated a settlement by no longer accepting nominations for the transportation of jet fuel or distillates, and establishing limited hearing on the issue of damages. CHS Inc., et al. v. Enterprise TE Products Pipeline Co., LLC; Chevron Products Co. v. Enterprise TE Products Pipeline Co., LLC, 145 FERC ¶ 61,056 (2013), order on reh'g, 155 FERC ¶ 61,178 (2016). et al. Status: petition for review dismissed 7/17/2018

No. 18-1005 (D.C. Cir. filed 1/5/2018) Order granting SPP a waiver of various tariff provisions to allow SPP to implement previously-approved revenue crediting procedures relating to network upgrades. Southwest Power Pool, Inc., 156 FERC ¶ 61,020 (2016), reh'g denied,161 FERC ¶ 61,144 (2017). Status: case remanded on 7/31/2018

No. 16-1229 (D.C. Cir. filed 7/5/2016) Order authorizing construction and operation of liquefied natural gas terminal on southern shore of Puerto Rico; various issues, including consultation process under the Endangered Species Act. Aguire Offshore GasPort, LLC, 152 FERC ¶ 61,071 (2015), reh'g denied,155 FERC ¶ 61,139 (2016). Status: dismissed 5/24/2019

Nos. 16-1223, et al. (D.C. Cir. filed 7/1/2016 and later) Billings and allocations of costs associated with MISO's real-time Revenue Sufficiency Guarantee program. Midwest Indep. Transm. System Operator, Inc., 127 FERC ¶ 61,241 (2009) and 132 FERC ¶ 61,185 (2010), reh'g denied, 155 FERC ¶ 61,126 and 61,127 (2016). Status: consolidated with D.C. Cir. Nos. 07-1141, et al.; petitions for review denied 6/28/2018

Nos. 16-1205, et al. (D.C. Cir. filed 6/24/2016 and later) Order on MISO's proposed System Support Resource cost allocation methodology, assigning SSR costs directly to load-serving entities serving loads requiring the operation of various SSR units for reliability purposes. Midcontinent Indep. Sys. Operator, Inc., 152 FERC ¶ 61,216 (2015), order on reh'g and compl., 155 FERC ¶ 61,134 (2016). Status: consolidated with D.C. Cir. Nos. 15-1049, et al.; petitions for review denied 7/31/2018

Nos. 16-1196, et al. (D.C. Cir. filed 6/17/2016 and later) Filing of revised rates and preliminary refunds in compliance with Opinion No. 544; initiation of hearing procedures and direction to make preliminary refunds. BP Pipelines (Alaska) Inc., et al., 155 FERC ¶ 61,054 (2016). et al. Status: dismissed 7/25/2018

No. 16-1193 (D.C. Cir. filed 6/16/2016) Entergy Arkansas' responsibility for making bandwidth payments, despite withdrawal from Entergy System Agreement. Louisiana Pub. Serv. Comm'n v. Entergy Services, Inc., 153 FERC ¶ 61,032 (2015), order on reh'g & clar., 155 FERC ¶ 61,118 (2016). Status: petition for review denied 1/30/2018

Nos. 16-1195, et al. (D.C. Cir. filed 6/15/2016 and later) Relicensing for the continued operation and maintenance of the Coosa River hydroelectric project; consideration of dissolved oxygen levels for the protection of aquatic species, and other issues. Alabama Power Co.,143 FERC ¶ 61,249 (2013), order on reh'g & clar.,155 FERC ¶ 61,080 (2016), reh'g denied,156 FERC ¶ 61,171 (2016). Status: first petition for review dismissed, second petition for review granted, the licensing decision vacated, case remanded for further proceedings on 7/6/2018

No. 16-1153 (D.C. Cir. filed 5/25/2016) Cost allocation and responsibility for transmission projects approved through the PJM Regional Transmission Expansion Planning process. PJM Interconn., L.L.C.; Consolidated Edison Co. v. PJM Interconn.,147 FERC ¶ 61,028 (2014), order on complaint, reh'g & compl., 151 FERC ¶ 61,227 (2015), reh'g denied,155 FERC ¶ 61,088 (2016). et al. Status: consolidated with D.C. Cir. No. 15-1183; in abeyance

No. 16-1150 (D.C. Cir. filed 5/23/2016) Compliance with inter-regional transmission coordination and cost allocation requirements of Order No. 1000. Midcontinent Indep. System Operator, Inc., et al., 150 FERC ¶ 61,045 (2015), order on reh'g & compl.,153 FERC ¶ 61,247 (2015), order on reh'g & compl.,154 FERC ¶ 61,227 (2016). et al. Status: petition for review denied 6/22/2018

No. 16-70680 and 16-73391 (9th Cir. filed 5/10/2016 and later) Order on remand from State of California, ex rel. Harris v. FERC, 784 F.3d 1267 (9th Cir. 2015), setting for evidentiary, trial-type hearing whether any seller's violation of market-based rate quarterly reporting requirement led to an unjust and unreasonable rate for that seller during 2000-2001 period. State of California, ex rel. Bill Lockyer, Attorney General of Cal. v. British Columbia Power Exchange Corp., et al.,153 FERC ¶ 61,137 (2015), order on reh'g clar.,154 FERC ¶ 61,154 (2016), order on reh'g, 157 FERC ¶ 61,023 (2016). et al. Status: dismissed 6/20/2018

No. 16-71380 (9th Cir. filed 5/6/2016) Denial of complaint, alleging that PG breached certain interconnection agreements, concerning coordination of transmission systems, between the Districts and PGModesto and Turlock Irrigation Dists. v. Pacific Gas and Elec. Co., 152 FERC ¶ 61,016 (2015), reh'g denied,154 FERC ¶ 61,215 (2016). Status: petition for review granted 9/6/2018

No. 16-1133 (D.C. Cir. filed 4/29/2016) Denial of complaint, alleging that PJM failed to fulfill obligation to indemnify Duke for losses incurred to implement a PJM directive. Duke Energy Corp., et al. v. PJM Interconn., et al.,151 FERC ¶ 61,206 (2015), reh'g denied, 154 FERC ¶ 61,156 (2016). Status: petition for review denied 6/15/2018

No. 16-1111 (D.C. Cir. filed 4/11/2016) Denial of petition for waiver, seeking recovery of natural gas costs associated with Jan. 2014 cold weather. Old Dominion Elec. Coop., 151 FERC ¶ 61,207 (2015), reh'g denied,154 FERC ¶ 61,155 (2016). Status: petition for review denied 6/15/2018

No. 16-1107 (D.C. Cir. filed 4/5/2016) Complaint concerning NY ISO buyer-side mitigation rules for renewable and self-supply resources. New York Pub. Serv. Comm'n, et al. v. New York Indep. Sys. Op., Inc.,153 FERC ¶ 61,022 (2015), reh'g & clar. denied,154 FERC ¶ 61,088 (2016). Status: in abeyance

No. 16-1093 (D.C. Cir. filed 3/8/2016) Level of the base return on equity; application of that return to other, yet-to-be-formed affiliates. Transource Kansas, LLC, 151 FERC ¶ 61,010 (2015), order on reh'g & compl.,154 FERC ¶ 61,011 (2016). Status: petitions for review dismissed 2/6/2018

No. 16-1081, et al. (D.C. Cir. filed 3/3/2016 and later) Order authorizing construction and operation of Algonquin Incremental Market (AIM) pipeline project, consisting of 37.4 miles of pipeline and appurtenant facilities in NY, CT, RI, and MA. Algonquin Gas Transmission, LLC,150 FERC ¶ 61,163 (2015), reh'g & stay denied,154 FERC ¶ 61,048 (2016). Status: City of Boston Delegation's petition for review dismissed and remaining petitions for review denied on 7/27/2018