Pending Cases

No. 16-1075 (D.C. Cir. filed 2/26/2016) MISO tariff provisions for funding of network upgrades by interconnecting generators. Otter Tail Power Co. v. Midcontinent Indep. Sys. Op., Inc.,151 FERC ¶ 61,220 (2015), order on reh'g & clar., 153 FERC ¶ 61,352 (2015). et al. Status: petitions granted, and orders vacated and remanded 1/26/2018

No. 16-1068 (D.C. Cir. filed 2/24/2016) Results of 9th ISO-NE Forward Capacity Auction; bidding behavior and retirement of Brayton Point facility. ISO New England, Inc.,151 FERC ¶ 61,226 (2015), reh'g denied,153 FERC ¶ 61,378 (2015). Status: petitions for review dismissed 7/24/2018

No. 16-1059 (D.C. Cir. filed 2/16/2016) Resetting of oil pipeline index level to Producer Price Index for Finished Goods (PPI-FG) + 1.23 percent, based on FERC Form No. 6 data and filings. Five-Year Review of the Oil Pipeline Index,153 FERC ¶ 61,312 (2015). Status: petition for review denied 11/28/2017

No. 16-1042 (D.C. Cir. filed 2/8/2016) Order on complaint, alleging that certain provisions in ISO-NE tariff, governing operation of Forward Capacity Market, are unjust, unreasonable, and unduly discriminatory. Exelon Corp. and Calpine Corp. v. ISO New England Inc.,150 FERC ¶ 61,067 (2015), reh'g denied, 154 FERC ¶ 61,005 (2016). Status: consolidated with D.C. Cir. 15-1071; petitions for review granted and remanded to FERC for further proceedings 2/2/2018

No. 16-345, et al. (2nd Cir. filed 2/5/2016) Commission authorization to construct and operate 125 miles of pipeline and related facilities in Pennsylvania and New York. Constitution Pipeline Co. and Iroquois Gas Transmission System, 149 FERC ¶ 61,199 (2014), reh'g denied,154 FERC ¶ 61,046 (2016). et al. Status: oral argument cancelled 12/6/2018, pending disposition of state Clean Water Act issue

Nos. 16-1023 and 16-1024 (D.C. Cir. filed 1/19/2016) Proposals to address resource performance problems in ISO-NE Forward Capacity Market; denial of complaint that Peak Energy Rent mechanism, which mitigates incentives to create price spikes in the energy market through economic or physical withholding, had become unjust and unreasonable. ISO New England and New England Power Pool, 147 FERC ¶ 61,172 (2014), reh'g denied, 153 FERC ¶ 61,223(2015); New England Power Generators Ass'n v. ISO New England, 150 FERC ¶ 61,053 (2015), reh'g denied, 153 FERC ¶ 61,222 (2015). FERet al. Status: petition for review dismissed for No. 16-1023 and petition for review denied for No. 16-1024 on 1/19/2018

No. 16-1016 (D.C. Cir. filed 1/15/2016) Relicensing of Kinzua Pumped Storage Project, on the Allegheny River in Pennsylvania; consideration of two mandatory license conditions, for protection of fish species and water quality, adopted by U.S. Forest Service. Seneca Generation LLC, 152 FERC ¶ 62,045 (2015), reh'g denied, 153 FERC ¶ 61,234 (2015). Status: briefing

Nos. 16-1015 and 16-1020 (D.C. Cir. filed 1/15/2016 and later) Calculation of headwater benefits assessments, based on benefits that Great Sacandaga Lake Project provides to downstream beneficiary projects. Hudson River-Black River Regulating Dist., et al., 152 FERC ¶ 62,124 (2015), order on reh'g, 153 FERC ¶ 61,218 (2015).et al. Status: petition for review denied 12/22/2017

Nos. 16-1013, et al. (D.C. Cir. filed 1/15/2016 and later) Order on ALJ Initial Decision, addressing various issues concerning 2009 and 2010 rate filings for service on the Trans Alaska Pipeline System. BP Pipelines (Alaska) Inc., et al.,153 FERC ¶ 61,233 (2015).et al. Status: dismissed 6/29/2018

No. 16-1009 (D.C. Cir. filed 1/12/2016) Rates for reactive power service to Bonneville Power Administration; continued treatment of filing as a rate change subject to suspension and refund. Chehalis Power Generating L.P., 134 FERC ¶ 61,112 (2011), reh'g denied, 141 FERC ¶ 61,116 (2012), on remand, 145 FERC ¶ 61,052 (2013), on reh'g, 152 FERC ¶ 61,050 (2015), on reh'g, 153 FERC ¶ 61,194 (2015). Status: petitions for review granted in part, denied in part and remanded to FERC 5/19/2017

No. 16-70068, et al. (9th Cir. filed 1/8/2016 and later) Order in Pacific Northwest refund proceeding, on remand from Port of Seattle v. FERC, 499 F.3d 1016 (9th Cir. 2007). Puget Sound Energy, Inc. v. All Jurisdictional Sellers of Energy and/or Capacity at Wholesale into Electric Energy and/or Capacity Markets in the Pacific Northwest, Op. No. 537, 151 FERC ¶ 61,173 (2015), on reh'g, Op. No. 537-A, 153 FERC ¶ 61,386 (2015).et al. Status: dismissed 4/13/2018

No. 16-1003 (D.C. Cir. filed 1/7/2016) Denial of complaint by NextEra, requesting that the California ISO allocate to NextEra congestion revenue rights. NextEra Desert Center Blythe, LLC v. Cal. Indep. Sys. Operator Corp., 151 FERC ¶ 61,198 (2015), reh'g denied, 153 FERC ¶ 61,208 (2015). Status: petition for review granted and case remanded 4/4/2017

No. 15-1447 (D.C. Cir. filed 12/14/2015) Integration of additional transmission-owning utilities - Western-UGP, Basin Electric, and Heartland Power Dist. - into Southwest Power Pool. Southwest Power Pool, Inc., 149 FERC ¶ 61,113 (2014), order on reh'g & clar., 153 FERC ¶ 61,051 (2015).et al. Status: petition for review denied 11/28/2017

Nos. 15-1453 and 15-1455 (D.C. Cir. filed 12/14/2015) Revisions to PJM capacity market demand curve (Variable Resource Requirement Curve) and related inputs. PJM Interconnection, LLC, 149 FERC ¶ 61,183 (2014), order on reh'g & compl., 153 FERC ¶ 61,035 (2015). Status: petitions for review denied 1/26/2018

Nos. 15-1452 and 15-1454 (D.C. Cir. filed 12/14/2015) Revisions to PJM capacity market Minimum Offer Price Rule, concerning buyer-side market power mitigation. PJM Interconnection, LLC, 143 FERC ¶ 61,090 (2013), order on reh'g & compl., 153 FERC ¶ 61,066 (2015). Status: petitions for review granted, and orders vacated and remanded on 7/7/2017

No. 15-2535 (4th Cir. filed 12/10/2015) Issuance of new license for the continued operation and maintenance of the 108 MW Yadkin-Pee Dee Hydroelectric Project on the Yadkin and Pee Dee Rivers in North Carolina. Duke Energy Progress, Inc., 151 FERC ¶ 62,004 (2015), order on reh'g and clar., 153 FERC ¶ 61,056 (2015). Status: petition for review denied 7/6/2017; petition for writ of certiorari denied 2/20/2018

No. 19-72897 (9th Cir. filed 11/15/2019) Return on equity adder for continued utility participation in California Independent System Operator. Pac. Gas Elec. Co., 160 FERC ¶61,128 (2017), order on reh'g, 168 FERC ¶ 61,217 (2019); and S. Cal. Edison Co., 161 FERC ¶61,309 (2017), order on reh'g, 168 FERC ¶ 61,206 (2019).et al. Status: in abeyance

No. 15-73466 (9th Cir. filed 11/13/2015) Order in California Refund Proceeding, following evidentiary hearing and ALJ Initial Decision, finding that certain sellers during California energy crisis engaged in tariff violations impacting the market clearing price, and directing disgorgement of amounts received above the marginal cost-based proxy price. San Diego Gas & Elec. Co. v. Sellers of Energy, et al., Opinion No. 536, 149 FERC ¶ 61,116 (2014), order on reh'g,153 FERC ¶ 61,144 (2015).et al. Status: dismissed 3/17/2016

No. 15-1323 (D.C. Cir. filed 9/11/2015) Orders, following hearing and ALJ decision, on various reserved ratemaking issues in El Paso general rate case. El Paso Natural Gas Co., 139 FERC ¶ 61,095 (2012), order on reh'g and compl.,152 FERC ¶ 61,039 (2015). Status: oral argument 3/13/2020

No. 15-1320 (D.C. Cir. filed 9/10/2015) Order on remand, concerning rates for reactive power service to Bonneville Power Administration; continued treatment of filing as a rate change subject to suspension and refund. Chehalis Power Generating, L.P.,145 FERC ¶ 61,052 (2013), order on reh'g,152 FERC ¶ 61,050 (2015). Status: on remand from D.C. Cir. No. 13-1008; petitions for review granted in part, denied in part and remanded to FERC 5/19/2017