Pending Cases

No. 15-1274 (D.C. Cir. filed 8/12/2015) Conditional acceptance of joint dispatch agreement following Duke/Progress merger; whether agreement and NC Commission favor native load sales to the disfavor of sales to Orangeburg. Duke Energy Corp. and Progress Energy, Inc.; Carolina Power & Light Co., 139 FERC ¶ 61,193 (2012), order on reh'g,151 FERC ¶ 61,242 (2015). FERC Docket Nos. ER12-1338, ER12-1347 Status: orders vacated in part and remanded for further explanation on 7/14/2017

No. 15-1212 (D.C. Cir. filed 7/13/2015) Complaints challenging New England transmission owners' 11.14 % base return on equity; set for hearing and settlement judge procedures. ENE (Environment Northeast), et al. v. Bangor Hydro-Electric Co., et al.; Attn'y Gen. of Mass. v. Bangor Hydro-Electric Co., et al.,147 FERC ¶ 61,235 (2014) and 149 FERC ¶ 61,156 (2014), reh'g denied,151 FERC ¶ 61,125 (2015). et al. Status: dismissed 12/28/2018

No. 15-1183 and 15-1188 (D.C. Cir. filed 6/25/2015) Cost allocation and responsibility for transmission projects approved through the PJM Regional Transmission Expansion Planning process. PJM Interconnection, 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). et al. Status: in abeyance

No. 15-1139, et al. (D.C. Cir. filed 5/15/2015) Order on ISO-NE compliance with transmission planning and cost allocation requirements of Order No. 1000 rulemaking. ISO New England, Inc.,143 FERC ¶ 61,150 (2013), order on reh'g & compl.,150 FERC ¶ 61,209 (2015).et al. Status: petitions for review denied 4/18/2017

Nos. 15-1118, et al. (D.C. Cir. filed 4/30/2015) Complaint challenging New England transmission owners return on equity, reflected in ISO New England open access transmission tariff. Martha Coakley, Mass. Attorney General, et al. v. Bangor Hydro-Electric Co., et al., Op. No. 531 and 531-A, 147 FERC 61,234 (2014) and 149 FERC 61,032 (2014), order on reh'g, Op. No. 531-B, 150 FERC 61,165 (2015). Status: petitions for review granted, FERC orders vacated and remanded 4/14/2017

No. 15-1103, et al. (D.C. Cir. filed 4/17/2015 and later) Opinion, after hearing and ALJ initial decision, addressing reasonableness of revised rates for shipment on SFPP's East Line; various cost of service rate issues. SFPP, L.P., Opinion 522, 140 FERC ¶ 61,220 (2012), order on reh'g & compl., Opinion 522-A, 150 FERC ¶ 61,097 (2015), reh'g & compl. pending. Status: in abeyance

No. 15-1071 (D.C. Cir. filed 3/31/2015) Order on complaint, alleging that certain administrative pricing provision in ISO-NE tariff, governing operation of Forward Capacity Market, are unjust, unreasonable, and unduly discriminatory. New England Power Generators Ass'n v. ISO New England Inc., 146 FERC ¶ 61,039 (2014), order on reh'g & clar., 150 FERC ¶ 61,064 (2015). Status: petitions for review granted 2/2/2018

No. 15-1070 (D.C. Cir. filed 3/30/2015) Order accepting, with conditions, revisions to ISO-NE tariff to establish a system-wide sloped demand curve and related parameters for use in Forward Capacity Market. ISO New England Inc. and New England Power Pool Participants Committee, 147 FERC ¶ 61,173 (2014), order on reh'g & clar., 150 FERC ¶ 61,065 (2015). Status: voluntary remand granted 12/1/2015

No. 15-1049, et al. (D.C. Cir. filed 3/9/2015 and later) Allocation of costs associated with the operation of System Support Resource generating units under MISO tariff. Public Service Commission of Wisconsin v. Midcontinent Independent System Operator, Inc., et al., 150 FERC ¶ 61,104 (2015) (order on reh'g and compl.), and earlier orders.et al. Status: petition for certiorari (S. Ct. No. 18-893, City of Mackinac Island, MI, et al. v. FERC) filed 1/23/2019

No. 15-70511 (9th Cir. filed 2/19/2015) Order setting for trial-type, evidentiary hearing issues on remand concerning long-term contracts, entered into between California Parties and wholesale energy suppliers (Shell Energy and Iberdrola), during 2000-2001 California energy crisis, and establishing scope of evidence that may be adduced at hearing. Pub. Utils. Comm'n of California v. Sellers of Long-Term Contracts to the California Dept. of Water Resources, et al., 149 FERC ¶ 61,127 (2014), order on reh'g & compl., 150 FERC ¶ 61,079 (2015). Status: in abeyance

No. 15-1009 (D.C. Cir. filed 1/15/2015) Investigation and hearing as to whether existing Quality Bank formula properly values Resid cut of commingled crude oil transported by the Trans Alaska Pipeline System. BP Pipelines (Alaska) Inc., et al., 149 FERC ¶ 61,149 (2014). Status: petition for review granted and remanded on 8/30/2016

No. 14-1271 (D.C. Cir. filed 12/9/2014)Denial of petition for declaratory order concerning Klamath Hydroelectric Project, seeking declaration that licensee PacifiCorp has failed to diligently pursue relicensing of the Project, and that States have waived clean water certification. PacifiCorp,147 FERC ¶ 61,216 (2014), reh'g denied, 149 FERC ¶ 61,038 (2014). Status: vacated and remanded on 1/25/2019

No. 14-72092 (9th Cir. filed 7/11/2014) Order denying motion to lodge additional evidence of market manipulation in the California refund proceeding, concerning the resetting of the just and reasonable clearing prices during the refund period. San Diego Gas & Electric Co. v. Sellers of Energy and Ancillary Services, 148 FERC ¶ 61,006 (2014), and earlier orders. Status: dismissed 1/29/2018

No. 14-1103, et al. (D.C. Cir. filed 6/6/2014) Revision to tariff to aid ISO in maintaining winter reliability, by procuring supplemental oil-fired, dual-fired, and demand response resources; bid selection process results. ISO New England, Inc., 144 FERC ¶ 61,204 (2013), reh'g denied, 147 FERC ¶ 61,026 (2014); 145 FERC ¶ 61,023 (2013), reh'g denied, 147 FERC ¶ 61,027 (2014).et al. Status: petitions denied in part, granted and remanded in part on 12/22/2015

No. 13-1306 (D.C. Cir. filed 12/16/2013) Finding that Holland's facilities are part of the bulk electric system and properly part of the NERC compliance registry. City of Holland, Michigan, 139 FERC ¶ 61,055 (2012), reh'g denied, 145 FERC ¶ 61,054 (2013). Status: dismissed 1/30/2018

No. 13-1155 (D.C. Cir. filed 5/2/2013) Exercise of discretion not to order refunds for the 15-month period following LPSC complaint, despite FERC finding of improper allocation of costs among Entergy operating companies (improper inclusion of interruptible load in Entergy's calculation of peak load responsibility). Louisiana Pub. Serv. Comm'n and the City of New Orleans v. Entergy Corp., 129 FERC ¶ 61,237 (2009), amended,132 FERC ¶ 61,133 (2010), reh'g granted in part,135 FERC ¶ 61,218 (2011), reh'g denied,142 FERC ¶ 61,211 (2013).et al. Status: petition for review granted and remanded to FERC on 12/5/2014

No. 13-1033 (D.C. Cir. filed 2/15/2013) Approval of imposition of a monetary penalty, as consistent with section 215 of the FPA, 16 U.S.C. 824o, on a federal entity that violates a mandatory Reliability Standard.North American Electric Reliability Corp., 140 FERC 61,048 (2012), rehg denied, 141 FERC 61,242 (2012). Status: vacated and remanded 8/22/2014

No. 13-1015 and 13-1016 (D.C. Cir. filed 1/22/2013 and later) Certificate of public convenience and necessity authorizing Tennessee Gas Pipeline Co. to upgrade existing pipeline system with 40 miles of pipeline looping. Tennessee Gas Pipeline Co., L.L.C.,139 FERC ¶ 61,161 (2012), on reh'g, 142 FERC ¶ 61,025 (2013). Status: petition for review granted and remanded to the Commission for further consideration on 6/6/2014

No. 12-1131 (D.C. Cir. filed 3/5/2012) Dismissal of notice of non-compliance, and denial of rehearing request, concerning Midwest ISO's imposition of Revenue Sufficiency Guarantee charges on virtual demand bids. , 138 FERC ¶ 61,039 (2012). et al. Status: consolidated with other RSG appeals; dismissed 10/6/2016

No. 11-1479, et al. (D.C. Cir. filed 12/27/2011 and later) Opinion, after hearing and ALJ initial decision, addressing reasonableness of increased rates for shipment on SFPP's West Line; various cost of service rate issues. SFPP, L.P., Opinion 511, 134 FERC ¶ 61,121 (2011), order on reh'g and compl., Opinion 511-A, 137 FERC ¶ 61,220 (2011). Status: SFPP's petition for review be granted-in-part with, FERC's orders be vacated accordingly; SFPP's petition be denied-in-part; the Shippers' petition be granted, FERC's orders be vacated; cases remanded to FERC for further proceedings on 7/1/2016