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Transmission users have standing to file complaints over reliability, open access conflicts, APPA and NRECA say


From the December 14, 2012 issue of Public Power Daily

Originally published December 14, 2012

By Robert Varela
Editorial Director

The Federal Energy Regulatory Commission should find that any user, owner or operator of the bulk power system has standing to petition the commission to address conflicts between reliability standards and the agency’s open access tariff and other regulations, APPA and the National Rural Electric Cooperative Association said. The commission should reject the assertion that only "transmission organizations" may bring actions under Section 215(d) of the Federal Power Act, APPA and NRECA said in a Dec. 12 motion to intervene in Tri-State Generation and Transmission Association v. Western Electric Coordinating Council and North American Electric Reliability Corp.

Section 215(d)(5) of the Federal Power Act states that the commission may act "upon its own motion or upon complaint," and it contains no restriction that only "transmission organizations" may file complaints, APPA and NRECA said. While the Western Electricity Coordinating Council and the North American Electric Reliability Corp. argue that FERC rules explicitly provide a vehicle for transmission organizations to file notices of conflict, "they cite nothing that restricts all other ‘users, owners, and operators’ from raising to the commission a conflict between the reliability standards and the open access transmission tariff," APPA and NRECA said.

Tri-State’s complaint asks FERC to direct WECC to change the curtailment methodology used for WECC Regional Reliability Standard IRO-006-WECC-1 to comply with the transmission priorities outlined in FERC’s pro forma open access transmission tariff. APPA and NRECA are seeking to intervene only to address the issue of who may bring an action under Section 215(d).

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