Regulatory Status Report

Transcription

1 FERC or State Jurisdiction: FERC SPP Filing of FERC Form 1 and 3-Q On November 27, 2012, SPP submitted its FERC Form 3-Q, Quarterly Financial Report, for the third quarter of AD11-9 Inquiry into Recent Outages in Texas and the Southwest On November 13, 2012, Arizona Public Service Company filed post-technical conference comments. AD12-8 Non-RTO/ISO Performance Metrics On October 15, 2012, FERC issued a Comment Request regarding Commission Information Collection Activities (FERC-922). Comments are due on November 21, On October 15, 2012, Commission Staff issued its report, "Performance Metrics in Regions Outside ISOs and RTOs." AD12-12 Coordination between Natural Gas and Electricity Markets On October 12, 2012, Dominion Resources Services, Inc. filed post-technical conference comments. On October 18, 2012, Spectra Energy Transmission, LLC and Spectra Energy Partners, LP filed post-technical conference comments. On November 13, 2012, the Interstate Natural Gas Association of America filed post-technical conference comments. On November 15, 2012, FERC issued an Order Directing Further Conferences and Reports. Commission staff was directed to convene two technical conferences. One conference will be held to discuss potential clarifications or potential changes to the Commission's regulations to ensure effective communications between the gas and electric industries. The other conference will focus on the details relating to scheduling, and whether and how natural gas and electric industry schedules could be harmonized in order to achieve the most efficient scheduling systems for both industries. Each Regional Transmission Organization and Independent System Operator was directed to appear before the Commission on May 16, 2013 and October 17, 2013, in order to share its experiences from the winter and spring, and summer and fall, respectively. Each RTO and ISO should describe the progress it has made in refining existing practices to provide better coordination between the natural gas and electric industries and ensure adequate fuel supplies. This discussion also should address any natural gas transportation concerns that arise during the winter heating season and should identify any generator outages during the winter and spring that are fuel related. Commission staff was directed to provide a report to the Commission at least once each quarter for 2013 and 2014 regarding the industries' natural gas and electric coordination 1/14/ :11:34 AM Page: 1

2 activities. On December 7, 2012, FERC issued a Notice of Request for Comments and Technical Conference. The technical conference will be held on February 13, The purpose is to elicit input pertaining to information sharing and communications issues between natural gas and electric power industry entities. Those interested in speaking at the technical conference should notify the Commission by January 7, In advance of the conference, interested parties are asked to file comments on questions related to communications and information sharing. Comments are due on January 7, CE Wei Ren, et al.'s Request for Critical Energy Infrastructure Information - General Electric International, Inc. (Additional Requesters) On October 11, 2012, SPP received an from Denise Benoit, Contract Risk Manager at General Electric International, Inc. providing notification of a request to add four requesters to the original FERC CEII group request for all FERC Form No. 715 Data in CE On October 18, 2012, SPP submitted comments on this request. CE Yanis Chibani, et al.'s Request for Critical Energy Infrastructure Information - DC Energy Management, LP (Additional Requesters) On October 1, 2012, Amy Fendley, Executive Assistant for DC Energy Management, LP, advised that DC Energy is seeking to add eleven additional requesters to the original group CEII request in CE On October 8, 2012, SPP submitted comments on this request. CE Request of Wei Ren, et al. for Critical Energy Infrastructure Information - General Electric International, Inc. (Additional Requesters) On October 18, 2012, SPP submitted comments on this request. CE12-89 Pierre Tournois, et al.'s Request for Critical Energy Infrastructure Information - EDF Trading North America FERC issued a Notice of Intent to Release on November 2, CE Jeff Blice, et al.'s Request for Critical Energy Infrastructure Information - EDF Trading North America (Additional Requesters) On October 1, 2012, SPP submitted comments on this request. FERC issued a Notice of Intent to Release on November 2, CE Adam Mummert, et al.'s Request for Critical Energy Infrastructure Information - Burns & McDonnell, Inc. FERC issued a Notice of Intent to Release on November 29, CE /14/ :11:34 AM Denise Benoit, et al.'s Request for Critical Energy Infrastructure Information - General Electric International, Inc. Page: 2

3 FERC issued a Notice of Intent to Release on December 11, CE Mitchell Johnson's Request for Critical Energy Infrastructure Information - EPIS, Inc. (Additional Requester) On November 15, 2012, Gary Thompson, Controller for EPIS, Inc., requested to add Mitchell Johnson, Data Analyst, to the original FERC CEII request for FERC Form No. 715 data in CE On November 15, 2012, SPP submitted comments on this request. FERC approved this additional requester on December 18, CE Essam Abdel-Aziz, et al.'s Request for Critical Energy Infrastructure Information Siemens Industry, Inc. (Additional Requesters) On September 17, 2012, Janny Chen, Senior Administrative Functional Support for Siemens Power Technologies International, requested that nine additional employees be considered and included with her original request in CE to obtain a copy of all FERC Form No. 715 data, as noticed October 18, On October 22, 2012, SPP submitted comments on this request. CE Paulina Jaramillo, et al's Request for Critical Energy Infrastructure Information. Carnegie Mellon University FERC issued a Notice of Intent to Release on October 26, CE Ryan Collins, et al.'s Request for Critical Energy Infrastructure Information - Wright & Talisman FERC issued a Notice of Intent to Release on November 2, CE Dr. Lona Fowdur's Request for Critical Energy Infrastructure Information - Economists Incorporated FERC issued a Notice of Intent to Release on October 1, CE Christopher Beck's Request for Critical Energy Infrastructure Information - Electric Infrastructure Security Council FERC issued a Notice of Intent to Release on October 3, CE Neil Huber's Request for Critical Energy Infrastructure Information - XO Energy, LLC FERC issued a Notice of Intent to Release on October 16, CE Jeff Miller et al.'s Request for Critical Energy Infrastructure Information - XO Energy, LLC (Additional Requesters) On October 1, 2012, SPP submitted comments on this request. FERC issued a Notice of Intent to Release on October 16, CE /14/ :11:34 AM Hussam Sehwail's Request for Critical Energy Infrastructure Information - ITC Holdings Corporation Page: 3

4 FERC issued a Notice of Intent to Release on November 19, CE Igor Kliakhandler's Request for Critical Energy Infrastructure Information - Intergrid Mideast Group LLC FERC issued a Notice of Intent to Release on December 6, CE Stan Lee's Request for Critical Energy Infrastructure Information - Navigant Consulting, Inc. On October 1, 2012, SPP submitted comments on this request. FERC issued a Notice of Intent to Release on November 6, CE William R. Behling's Request for Critical Energy Infrastructure Information - Norvento USA, LLC On September 18, 2012, William R. Behling, Chief Executive Officer of Norvento USA, LLC, filed a FERC CEII request to obtain a copy of SPP's transmission map, as noticed October 3, On October 11, 2012, SPP submitted comments on this request. FERC issued a Notice of Intent to Release on December 3, CE Todd Schatzki, et al.'s Request for Critical Energy Infrastructure Information - Analysis Group, Inc. On October 1, 2012, SPP submitted comments on this request. FERC issued a Notice of Intent to Release on October 16, CE Kristin Mrozinski, et al.'s Request for Critical Energy Infrastructure Information - AWS TruePower, LLC On September 27, 2012, Kristin Mrozinski, Legal Group Manager for AWS TruePower, LLC, filed a FERC CEII on behalf of herself and seven additional requesters to obtain a copy of all 2011 FERC Form No. 715 data, as noticed October 17, On October 22, 2012, SPP submitted comments on this request. FERC issued a Notice of Intent to Release on November 7, CE13-1 Edmundo Toro's Request for Critical Energy Infrastructure Information - PNE Winds USA, Inc. On August 8, 2012, Edmundo Toro, Transmission Manager for PNE Winds USA, Inc., filed a FERC CEII request to obtain a copy of all FERC Form No. 715 data, as noticed October 4, On October 11, 2012, SPP submitted comments on this request. CE13-2 Kyo Kelly's Request for Critical Energy Infrastructure Information - Southern Company On October 3, 2012, Kyo Kelly, Term Trader for Southern Company, filed a FERC CEII request to obtain a copy of all FERC Form No. 715 data, as noticed October 23, /14/ :11:34 AM Page: 4

5 On October 29, 2012, SPP submitted comments on this request. CE13-3 Steven W. Lathrop's Request for Critical Energy Infrastructure Information - POWER Engineers, Inc. on behalf of OwnEnergy On September 27, 2012, Steven W. Lathrop, Senior Project Engineer for POWER Engineers, Inc., filed a FERC CEII request on behalf of OwnEnergy to obtain a copy of FERC Form No. 715 data filed by transmitting entities operating within the Midwest Reliability Organization, as noticed October 12, On October 18, 2012, SPP submitted comments on this request. CE13-4 Samantha Ravich, et al.'s Request for Critical Energy Infrastructure Information - The Chertoff Group, LLC on behalf of Atlantic Grid Development Co., LLC On September 27, 2012, Samantha Ravich, Senior Advisor for The Chertoff Group, LLC, filed a FERC CEII request on behalf of Atlantic Grid Development Co., LLC for herself and four additional requesters to obtain a copy of all 2011 and 2012 FERC Form No. 715 data, as noticed October 23, On October 29, 2012, SPP submitted comments on this request. FERC issued a Notice of Intent to Release on November 16, CE13-5 Cesar A. Rojas' Request for Critical Energy Infrastructure Information - EcoEnergy LLC On October 17, 2012, Cesar A. Rojas, Senior Electrical Engineer for EcoEnergy LLC, filed a FERC CEII request to obtain a copy of all FERC Form No. 715 data, as noticed October 23, On October 29, 2012, SPP submitted comments on this request. FERC issued a Notice of Intent to Release on November 15, CE13-11 Rajat Deb, et al.'s Request for Critical Energy Infrastructure Information - LCG Consulting On June 15, 2012, Rajat K. Deb, President of LCG Consulting, filed a FERC CEII request on behalf of himself and eight additional requesters to obtain a copy of all FERC Form No. 715 data, as noticed November 6, On November 14, 2012, SPP submitted comments on this request. CE13-12 Kenneth Davies, et al.'s Request for Critical Energy Infrastructure Information - Altenex, LLC On October 24, 2012, Kenneth Davies, Managing Director of Altenex, LLC, filed a FERC CEII request on behalf of himself and two additional requesters to obtain a copy of all FERC Form No. 715 data, as noticed December 19, Comments on this request were due December 27, CE13-15 Kristen Huckaby, et al.'s Request for Critical Energy Infrastructure Information - Battelle Memorial Institute On July 31, 2012, Kristen Huckaby, Contracts Officer for Battelle Memorial Institute, filed a 1/14/ :11:35 AM Page: 5

6 FERC CEII request on behalf of herself and thirteen additional requesters to obtain a copy of all FERC Form No. 715 data, as noticed November 27, On November 27, 2012, SPP submitted comments on this request. CE13-19 Bradley Beatty's Request for Critical Energy Infrastructure Information - Ameren UE On November 7, 2012, Bradley Beatty, Term Trader for Ameren UE, filed a FERC CEII request to obtain a copy of all FERC Form No. 715 data, as noticed November 27, On November 27, 2012, SPP submitted comments on this request. CE13-25 Pierre Tournois, et al.'s Request for Critical Energy Infrastructure Information - Durable Electric Power, LLC On November 29, 2012, Pierre Tournois, President of Durable Electric Power, LLC, filed a FERC CEII request on behalf of himself and three additional requesters to obtain a copy of all FERC Form No. 715 data, as noticed December 12, On December 18, 2012, SPP submitted comments on this request. CE13-29 Barclay Gibbs & Michael Kline's Request for Critical Energy Infrastructure Information Berkeley Research Group On December 5, 2012, Barclay Gibbs and Michael Kline, Principals of Berkeley Research Group, filed a FERC CEII request to obtain a copy of all FERC Form No. 715 data, as noticed December 11, On December 18, 2012, SPP submitted comments on this request. CE13-31 Jinxiang Zhu's Request for Critical Energy Infrastructure Information - ABB Inc. On December 10, 2012, Jinxiang Zhu, Senior Principal Consultant of ABB Inc., filed a FERC CEII request to obtain a copy of all FERC Form No. 715 data, as noticed December 20, Comments on this request were due December 28, CE Hongyan Li, et al.'s Request for Critical Energy Infrastructure Information - ABB Inc. (Additional Requesters) Jinxiang Zhu, Senior Principal Consultant with ABB Inc. has requested that nine additional ABB Inc. employees be considered and included with the initial request in CE13-31 for a copy of all FERC Form No. 715 data, as noticed December 26, EL11-34 Midwest Independent Transmission Operator, Inc. ("MISO") Petition for Declaratory Order Seeking Commission Confirmation Regarding Section 5.2 of the Joint Operating Agreement ("JOA") between MISO and SPP On October 2, 2012, SPP filed its Opening Brief in U.S. Court of Appeals Case No SPP stated: 1) having resorted to extrinsic evidence to ascertain the meaning of Section 5.2, FERC was compelled to support its interpretation with substantial evidence and to consider all relevant evidence, not merely evidence that FERC perceived to be consistent with its interpretation; 2) proper consideration of SPP's proffered evidence would have demonstrated the error in the Commission's interpretation of Section 5.2; 1/14/ :11:35 AM Page: 6

7 3) FERC's "contextual" analysis of Section 5.2 does not support and, in fact, undercuts FERC's conclusion; and 4) FERC's straw-man argument regarding inferred intentions is based on a fundamental misunderstanding of the contract. On October 17, 2012, Intervenors for Petitioner filed their Joint Brief in U.S. Court of Appeals Case No The parties stated: 1) the Commission ignored record evidence that the Midwest Independent Transmission System Operator, Inc. intends to use the SPP system without paying for it; and 2) the Commission's failure to grapple with intended outcomes render its interpretation arbitrary and capricious. On December 17, 2012, FERC filed its Brief in U.S. Court of Appeals Case No FERC stated it reasonably interpreted the capacity-sharing provision. The Commission determined that the Agreement would allow the Midwest Independent Transmission System Operator, Inc. to use shared capacity to provide network service to Entergy Arkansas if it were a member of MISO. The Commission further stated it properly rejected SPP's narrow interpretation of Section 5.2 as applying only to point-to-point transmission service for interchange transactions. On December 31, 2012, the Midwest Independent Transmission System Operator, Inc. and Entergy Services, Inc. filed an Initial Brief of Intervenors in Support of Respondent FERC in U.S. Court of Appeals Case No The parties stated: 1) the Commission reasonably applied the plain meaning of the Joint Operating Agreement and did so in a manner consistent with its context, origin and course of performance; and 2) the issues raised by SPP Intervenors are barred under section 313 of the Federal Power Act and, in any event, were correctly rejected in the orders under review as speculative and beyond the scope of the proceeding. EL11-63 Notice of Complaint, Louisiana Public Service Commission ("LPSC") v. Entergy Corporation, Entergy Services, Inc., Entergy Louisiana, LLC, Entergy Arkansas, Inc., Entergy Mississippi, Inc., Entergy New Orleans, Inc., Entergy Gulf States Louisiana, LLC, and Entergy Texas, Inc. On October 26, 2012, Entergy Services, Inc. filed a status report on an upcoming filing to address the allocation of the certain transmission upgrade costs following Entergy Arkansas, Inc.'s withdrawal from the Entergy System Agreement. EL12-47 Investigation Under Section 206 of the Federal Power Act to Determine the Justness and Reasonableness of the Rate Reduction in the Service Agreement Filed in Docket No. ER On October 22, 2012, Settlement Judge Cintron filed a Status Report recommending that settlement procedures continue in this proceeding. Another telephone conference is scheduled for November 7, On November 7, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on November 19, /14/ :11:35 AM Page: 7

8 A settlement conference was held on December 11, On December 14, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on January 8, The December 11, 2012 Settlement Conference was postponed until January 8, On December 19, 2012, FERC issued a Status Report. The Settlement Judge stated another telephone conference is scheduled for January 8, 2013 and recommended that settlement procedures continue. EL12-51 Investigation Under Section 206 of the Federal Power Act to Determine the Justness and Reasonableness of the Rate Reduction in the Service Agreement Filed in Docket Nos. ER and ER On October 22, 2012, Settlement Judge Cintron filed a Status Report recommending that settlement procedures continue in this proceeding. Another telephone conference is scheduled for November 7, On November 7, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on November 19, A settlement conference was held on December 11, On December 14, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on January 8, The December 11, 2012 Settlement Conference was postponed until January 8, On December 19, 2012, FERC issued a Status Report. The Settlement Judge stated another telephone conference is scheduled for January 8, 2013 and recommended that settlement procedures continue. EL12-60 SPP, Western Area Power Administration ("Western"), Basin Electric Power Cooperative ("Basin Electric") and Heartland Consumers Power District ("Heartland") (collectively "Petitioners") Filing of a Joint Petition for Declaratory Order and Request for Shortened Notice Period and for Expedited Treatment Seeking Confirmation that the Terms of the Congestion Management Process ("CMP") in the Joint Operating Agreement ("JOA") between SPP and the Midwest Independent Transmission System Operator, Inc. ("MISO") Apply to the Reciprocal Coordinated Flowgates ("RCFs") of a Third Party Who has Entered into a Reciprocal Coordination Agreement with SPP On October 18, 2012, the Midwest ISO Transmission Owners filed a Request for Rehearing of the September 18, 2012 Order. The MISO TOs stated: 1) the Commission's dismissive treatment of the potential adverse effects of limitations on transmission path capacity is arbitrary and capricious and not a product of reasoned decision making; and 2) authorization of excess use charges under the SPP-Western JOA departs from Commission precedent and unlawfully establishes an alternative loop flow compensation mechanism. On October 18, 2012, the Midwest Independent Transmission System Operator, Inc. filed a Request for Clarification or, In the Alternative, Rehearing of the September 18, 2012 Order. 1/14/ :11:35 AM Page: 8

9 MISO stated: 1) the September 18 Order fails to respond meaningfully to MISO's arguments regarding the adverse effects of the proposed contract path limitations on the market-to-market coordination between SPP and MISO; and 2) by authorizing excess use charges under the SPP-Western JOA, the Commission has changed its established precedent without reasoned explanation. On November 2, 2012, SPP, Western Area Power Administration ("Western"), Basin Electric Power Cooperative, and Heartland Consumers Power District filed a Motion for Leave to Answer and Answer to Requests for Clarification and Rehearing. SPP and the IS Parties stated that the Joint Operating Agreement between SPP and Western: 1) will have no impact on market-to-market coordination between SPP and the Midwest Independent Transmission System Operator, Inc.; 2) does not provide for compensation for loop flow and the Commission's Order does not contravene Commission precedent; and 3) does not provide for impermissibly vague charges for transmission service or unlawfully restrict transmission service within SPP. On November 19, 2012, FERC issued an Order Granting Rehearing for Further Consideration of the September 18, 2012 Order. EL12-80 Exelon Wind Companies Petition for Enforcement and Declaratory Order Pursuant to Section 210(h) of the Public Utility Regulatory Policies Act of 1978 ("PURPA") On October 12, 2012, Exelon Wind Companies filed an answer in response to the requests for reconsideration of the August 28, 2012 Order. Exelon stated: 1) the Commission correctly found that the PUCT Order failed to implement PURPA; and 2) the Commission did not overturn any of the PUCT's "factual" determinations, or make any new factual determinations, in the August 28 Order. On October 31, 2012, FERC issued an Order Granting Rehearing for Further Consideration of the August 28, 2012 Order. EL13-15 Southwestern Public Service Company ("SPS") Complaint Regarding SPP Zone 11 Rates On October 26, 2012, Xcel Energy Services Inc., on behalf of SPS, filed a complaint alleging that 1) the rates of SPP Zone 11 are unjust and unreasonable due to the inclusion of the costs of facilities of Tri-County Electric Cooperative, Inc.; and 2) SPP stands in violation of the terms of its Tariff because SPP has not made a determination that the Tri-County facilities are eligible to be included as Transmission Facilities in SPP rates pursuant to Attachment AI of SPP's Tariff. A refund effective date of April 1, 2012 was requested. On November 8, 2012, Exelon Corporation filed a Motion to Intervene. On November 15, 2012, SPP filed an answer in response to the Complaint filed by Xcel Energy Services, Inc. on October 26, /14/ :11:35 AM Page: 9

10 SPP stated: 1) the Commission should dismiss the Complaint because SPP has no obligation under Attachment AI to determine whether Tri-County's facilities are transmission facilities; and 2) to the extent that the Commission does not dismiss the Complaint, the Commission should consolidate the Complaint with the ER proceedings. On November 15, 2012, Central Valley Electric Cooperative, Inc., Farmers' Electric Cooperative, Inc., Lea County Electric Cooperative, Inc., and Roosevelt County Electric Cooperative, Inc. filed a Motion to Intervene and Comments. The Cooperatives asked that FERC grant the relief requested in the Complaint, including 1) establishing a refund effective date of April 1, 2012; 2) requiring SPP to provide refunds for revenues collected in excess of the rate determined to be just and reasonable in the proceeding in Docket No. ER ; and 3) consolidate the instant proceeding with Docket No. ER On November 20, 2012, Tri-County Electric Cooperative, Inc. filed a Motion to Intervene Out-of-Time and Comments. Tri-County stated that SPS' Complaint is an impermissible collateral attack against the Commission's orders and proceedings involving Tri-County's formula rate in Docket No. ER and against the approved processes for including new facilities as "Transmission Facilities" under the SPP Tariff. On November 30, 2012, Xcel Energy Services Inc. filed an answer in response to SPP's November 15, 2012 Answer and Tri-County Electric Cooperative, Inc.'s November 20, 2012 Motion to Intervene Out-of-Time and Comments. Xcel stated: 1) a refund effective date is required because the increased Zone 11 rates including the Tri-County costs are unjust and unreasonable; 2) SPP is incorrect that it had no duty to review Tri-County's facilities to determine if they were transmission facilities prior to filing the increased Zone 11 rates; and 3) contrary to Tri-County's comments, the SPS complaint is not a collateral attack. EL13-35 Southwestern Public Service Company ("SPS") Complaint Requesting Establishment of a January 1, 2013 Refund Effective Date and a Finding from the Commission that SPP has Violated the Federal Power Act by Implementing a 40% Increase in the Tri-County Electric Cooperative, Inc. ("Tri-County") Annual Transmission Revenue Requirement On December 31, 2012, Xcel Energy Services Inc., on behalf of Southwestern Public Service Company, filed a Complaint requesting the establishment of a January 1, 2013 refund effective date and a finding from FERC that SPP has violated the Federal Power Act by implementing a 40% increase in the Tri-County Electric Cooperative, Inc. Annual Transmission Revenue Requirement through an Annual Update under transmission formula rate protocols that are not just and reasonable, and do not afford customers an opportunity to recover refunds or be otherwise made whole. In addition, Xcel stated that SPP has failed to follow the requirement under the protocols that the transmission formula rate be approved before an Annual Update can be implemented. ER04-48 RTO Approval Docket On December 18, 2012, SPP submitted its annual operating budget. This is submitted 1/14/ :11:35 AM Page: 10

11 pursuant to the Commission's October 1, 2004 Order in Docket No. RT04-1, and commitments made by SPP in Docket No. ER ER Entergy Services' New Proposal for an Independent Coordinator of Transmission ("ICT") and Extension of the ICT's Initial Term On December 31, 2012, SPP submitted the ICT's Fourth Quarterly Performance Report for ER Southwestern Public Service Company ("SPS") Formula Rate Case On November 30, 2012, Xcel Energy submitted an informational filing containing the 2013 Transmission Formula Rate Annual Update. ER SPP Submission of Revised Tariff Sheets Amending Schedule 1-A of OATT in Order to Increase the Rate Cap for its Tariff Administration Service Charge On December 18, 2012, SPP submitted its annual operating budget. This is submitted pursuant to the Commission's October 1, 2004 Order in Docket No. RT04-1, and commitments made by SPP in Docket No. ER ER09-36 Prairie Wind Transmission, LLC ("Prairie Wind") Formula and Incentive Rate Case On November 15, 2012, Prairie Wind Transmission submitted its Annual Update information filing. ER Entergy Services, Inc. Filing of Proposed Revisions to Attachment V of Entergy's Open Access Transmission Tariff ("OATT") On December 14, 2012, SPP submitted the ICT's WPP Quarterly Report for September through November ER SPP Order No. 745 Compliance Filing Pursuant to the Final Rule Issued Concerning Demand Response Compensation in Organized Wholesale Energy Markets in Docket No. RM10-17 On December 13, 2012, FERC issued a deficiency letter requiring additional information in order to process the filing. SPP's response is due on January 14, ER SPP Submission of Tariff Revisions to Incorporate Kansas Power Pool ("KPP") as a Transmission Owner On October 10, 2012, FERC issued an Order of Chief Judge Terminating Settlement Judge Procedures. ER Midwest Independent Transmission System Operator, Inc. ("MISO") and the MISO Transmission Owners ("MISO TOs") Filing to Amend Open Access Transmission, Energy and Operating Reserve Markets Tariff Provisions on Allocation of Network Upgrade Costs in Connection with Transition and Integration of Entergy Corporation and its Operating Companies On November 15, 2012, FERC issued an Order on Rehearing and Compliance. 1/14/ :11:36 AM Page: 11

12 FERC denied the requests for rehearing and/or clarification of the April 19, 2012 Order. FERC conditionally accepted MISO's May 21, 2012 Compliance Filing, subject to a further compliance filing due December 17, On December 17, 2012, the Midwest Independent Transmission System Operator, Inc. filed its Compliance Filing pursuant to the November 15, 2012 Order. On December 17, 2012, the Midwest Independent Transmission System Operator, Inc. and the MISO Transmission Owners filed a Request for Clarification or Rehearing of the November 15, 2012 Order. On December 28, 2012, the Organization of MISO States filed a Motion for Extension of Time of comment date in response to the December 17, 2012 tariff revisions. On December 31, 2012, the Midwest Independent Transmission System Operator, Inc. and MISO Transmission Owners filed an answer in response to the Motion of the Organization of MISO States for Extension of Time. The parties stated they do not oppose the motion. ER SPP Submission of Compliance Filing Revising Tariff in Response to Order on Compliance Filings and Rehearing Issued in Docket Nos. ER , ER09-748, and ER On October 18, 2012, FERC issued an Order on Compliance Filing conditionally accepting SPP's December 5, 2011 Compliance Filing. FERC directed SPP to submit a compliance filing in order to: 1) provide an explanation of why it excludes demand response resources with real-time measurement and verification capability not associated with retail demand response programs from using the Submitted Methodology; 2) provide a response to concerns FERC identified in the order regarding SPP's explanation that demand response resources with real-time measurement and verification capability not associated with retail demand response programs cannot use the Submitted Methodology because the are "not metered resources"; 3) explain what additional real-time measurement and verification capability is necessary for use of the Submitted Methodology and to include this information in SPP's Tariff; and 4) explain whether demand response resources with real-time measurement and verification capability associated with retail demand response programs have additional real-time measurement and verification capability that allows them to use the Submitted Methodology, and if not, to address concerns that treating such resources differently from demand response resources with real-time measurement and verification capability that are not in retail demand response programs could be unduly discriminatory; 5) discuss aggregation of retail customers aggregation requirements; 6) submit further modification of part (f) of the definition of "Market Participant" to use a term more inclusive than controllable load; 7) provide additional information on the nature and extent of demand response participation in the EIS Market; 8) provide more explanation on the verification procedures SPP has in place or is developing to verify the production quantity of demand response provided by an aggregator of retail customers; and 9) explain how SPP will ensure that controllable load associated with a demand response resource is not subject to an over-scheduling penalty in light of the Commission's rejection of the demand response cost allocation methodology for cost-effective hours in SPP's initial 1/14/ :11:36 AM Page: 12

13 Order No. 745 compliance filing. SPP's Compliance Filing is due December 17, On December 17, 2012, SPP submitted its Compliance Filing pursuant to Order Nos. 719 and 719-A and the October 18, 2012 Order issued in this proceeding. ER Network Integration Transmission Service Agreement ("NITSA") and Network Operating Agreement ("NOA") between SPP and Westar Energy, Inc. ("Westar") as Network Customer and Host Transmission Owner On October 22, 2012, Settlement Judge Cintron filed a Status Report recommending that settlement procedures continue in this proceeding. Another telephone conference is scheduled for November 7, On November 7, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on November 19, A settlement conference was held on November 19, On November 20, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on December 11, A settlement conference was held on December 11, On December 14, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on January 8, The December 11, 2012 Settlement Conference was postponed until January 8, On December 19, 2012, FERC issued a Status Report. The Settlement Judge stated another telephone conference is scheduled for January 8, 2013 and recommended that settlement procedures continue. ER Westar Energy, Inc. ("Westar") Submission of Tariff Revisions to Amend Section 15.7 Real Power Losses and Section Real Power Losses On October 22, 2012, Settlement Judge Cintron filed a Status Report recommending that settlement procedures continue in this proceeding. Another telephone conference is scheduled for November 7, On November 7, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on November 19, A settlement conference was held on December 11, On December 14, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on January 8, The December 11, 2012 Settlement Conference was postponed until January 8, On December 19, 2012, FERC issued a Status Report. The Settlement Judge stated another telephone conference is scheduled for January 8, 2013 and recommended that settlement procedures continue. 1/14/ :11:36 AM Page: 13

14 ER SPP Submission of Revisions to OATT to Implement a Formula Rate for Transmission Service for Tri-County Electric Cooperative, Inc. ("Tri-County"), a Transmission Owner in the Southwestern Public Service Company ("SPS") Zone On October 12, 2012, Tri-County Electric Cooperative, Inc. filed a Motion to Compel Xcel Energy Services Inc. and its public utility affiliate, Southwestern Public Service Company, to respond fully to certain data requests served on September 17, On October 19, 2012, Xcel Energy Services Inc. filed an Answer in Opposition of Motion to Compel filed by Tri-County Electric Cooperative, Inc. On October 22, 2012, FERC issued an Order Scheduling Oral Argument to be held on October 31, On October 22, 2012, Commission Trial Staff filed Objections to the First and Second Sets of Data Requests of Tri-County Electric Cooperative, Inc. On October 22, 2012, Tri-County Electric Cooperative, Inc. and the Commission Staff filed a Joint Progress Report. On October 24, 2012, FERC issued an Order of Chief Judge Continuing Suspension of Phase II Proceedings for an Additional 60 Days and Waiving Period for Answers. On October 26, 2012, FERC issued an Order Rescheduling Oral Argument from October 31, 2012 to November 6, On November 5, 2012, Tri-County Electric Cooperative, Inc. filed Rebuttal Testimony. On November 6, 2012, Xcel Energy Services Inc., Occidental Permian, Ltd., and Occidental Power Marketing, L.P. to Compel Responses to Data Requests and for Expedited Action. An oral argument was held on November 6, On November 7, 2012, FERC issued an Order Scheduling Oral Argument on November 9, On November 9, 2012, FERC issued an Order Denying Motion to Compel filed by Tri-County Electric Cooperative, Inc. on October 12, On November 9, 2012, FERC issued an Order Amending Procedural Scheduling, Designating Outstanding Data Requests, and Admitting Tri-County's Rebuttal Testimony. The Presiding Judge changed the last day for discovery requests from November 14, 2012 to November 16, On November 20, 2012, Tri-County Electric Cooperative, Inc. filed summaries of the Prepared Direct Testimony and Rebuttal Testimony of Michael Swearingen, Exhibit List, and Witness List. On November 21, 2012, FERC Trial Staff and Joint Intervenors filed a Joint Statement of Issues (Phase I), Exhibit List, Witness List, summary of the Prepared Answering Testimony of John Fulton, and summary of Prepared Direct and Answering Testimony of An Jou Jo Hsiung. On November 21, 2012, Tri-County Electric Cooperative, Inc. filed its Statement of Issues. 1/14/ :11:36 AM Page: 14

15 On November 21, 2012, FERC Trial Staff and Joint Intervenors filed a revised Joint Statement of Issues (Phase I). On December 3, 2012, Tri-County Electric Cooperative, Inc. filed a Motion for Expedited Consideration of Leave to File Prepared Supplemental Direct Testimony and Supplemental Prepared Direct Testimony. A hearing was held on December 4-5, On December 19, 2012, Tri-County Electric Cooperative, Inc. filed an Unopposed Motion Requesting Admission of Exhibits into Evidence. On December 19, 2012, the parties filed an Unopposed Joint Motion to Correct the Transcript. On December 31, 2012, FERC issued an Order of Chief Judge Continuing Suspension of Phase II Proceedings for an Additional 30 Days and Waiving Period for Answers. By January 31, 2013, Tri-County and Staff were directed to file a progress report with the Chief Judge. On December 31, 2012, Tri-County Electric Cooperative, Inc. and the Commission Staff filed a Joint Progress Report. ER Unexecuted Network Integration Transmission Service Agreement ("NITSA") and Network Operating Agreement ("NOA") between SPP, Kaw Valley Electric Cooperative ("Kaw Valley") as Network Customer, and Westar Energy, Inc. ("Westar") as Host Transmission Owner On October 22, 2012, Settlement Judge Cintron filed a Status Report recommending that settlement procedures continue in this proceeding. Another telephone conference is scheduled for November 7, On November 7, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on November 19, A settlement conference was held on December 11, On December 14, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on January 8, The December 11, 2012 Settlement Conference was postponed until January 8, On December 19, 2012, FERC issued a Status Report. The Settlement Judge stated another telephone conference is scheduled for January 8, 2013 and recommended that settlement procedures continue. ER Unexecuted Network Integration Transmission Service Agreement ("NITSA") and Network Operating Agreement ("NOA") between SPP, Nemaha-Marshall Electric Cooperative ("Nemaha-Marshall") as Network Customer, and Westar Energy, Inc. ("Westar") as Host Transmission Owner On October 22, 2012, Settlement Judge Cintron filed a Status Report recommending that settlement procedures continue in this proceeding. Another telephone conference is scheduled for November 7, On November 7, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference 1/14/ :11:36 AM Page: 15

16 to be held on November 19, A settlement conference was held on December 11, On December 14, 2012, FERC issued an Order Scheduling Telephonic Settlement Conference to be held on January 8, The December 11, 2012 Settlement Conference was postponed until January 8, On December 19, 2012, FERC issued a Status Report. The Settlement Judge stated another telephone conference is scheduled for January 8, 2013 and recommended that settlement procedures continue. ER SPP Submission of Tariff Revisions to Implement SPP Integrated Marketplace On October 11, 2012, the Midwest Independent Transmission System Operator, Inc. filed amended comments. MISO requested that the Commission expressly address market-to-market coordination in part of its review of the Integrated Marketplace proposal. On October 18, 2012, FERC issued an Order Conditionally Accepting Tariff Revisions to Establish Energy Markets. The proposed Tariff revisions were conditionally accepted, in part, and rejected, in part, subject to the conditions described in the body of the Order. FERC directed SPP to make a compliance filing addressing issues as specified in the order, including making revisions to Tariff language and providing additional support for elements of its proposal. Also, FERC directed SPP to make an informational filing reporting on its settlement discussions regarding grandfathered agreements. SPP's Compliance Filing and Informational Filing are due on January 16, FERC also stated that SPP must file its Consolidated Balancing Authority Area Agreement, a Phase 2 market-to-market mechanism for managing congestion, as well as a filing in compliance with Order No. 755 on operating reserves by June 30, Furthermore, within 15 months after the commencement of the Integrated Marketplace, FERC directed SPP to file a compliance filing to either revise the bid limit in its Tariff to a reasonable level or provide justification for retaining the current level based upon its experience. Provided the Integrated Marketplace is implemented on March 1, 2014, SPP's compliance filing will be due by June 1, Also within 15 months after the commencement of the Integrated Marketplace, FERC directed SPP to make an informational filing evaluating certain elements, such as virtual transactions and the make whole payment proposal. Lastly, FERC directed SPP to submit a compliance filing under Order No. 681 to establish long-term firm transmission rights 180 days after the commencement of the Integrated Marketplace. Provided the Integrated Marketplace is implemented on March 1, 2014, SPP's compliance filing will be due by August 28, FERC granted a waiver of Section 35.3 of the Commission's regulations to allow the Tariff revisions to become effective March 1, 2014, as requested. On November 16, 2012, SPP filed a Motion for Extension of Time, Shortened Comment 1/14/ :11:36 AM Page: 16

17 Period, and Expedited Consideration. SPP requested an extension of time until February 15, 2013 to submit its compliance filing pursuant to the October 18, 2012 Order. On November 19, 2012, FERC issued a Notice Shortening Answer Period. The period for responding to SPP's November 16, 2012 Motion was shortened to November 26, On November 19, 2012, TDU Intervenors filed a Request for Clarification and Rehearing of the October 18, 2012 Order. The TDU Intervenors stated the Commission: 1) erred in accepting SPP's limited Day-Ahead must-offer obligation; 2) should clarify the deliverability requirement for the Day-Ahead must-offer obligation; 3) incorrectly concluded that supply-increasing transactions should not bear a share of Day-Ahead make-whole payment costs; 4) should clarify its ruling in paragraph 144; 5) should impose an earlier deadline for SPP to file its long-term congestion rights proposal; 6) should clarify its ruling on incremental Auction Revenue Rights; and 7) should clarify its comments regarding Network Resource Interconnection Service. On November 19, 2012, Nebraska Public Power District filed a Request for Rehearing and Clarification of the October 18, 2012 Order. NPPD stated the Commission: 1) erred in finding that SPP's proposal was just and reasonable without an expanded congestion cost hedge transition mechanism to hold Market Participants harmless from congestion arising form the start-up of a new market structure; and 2) erred in finding that a marginal loss transitional refund mechanism is not necessary and that NPPD failed to explain why it would be adversely affected by the lack of a transitional refund period. On November 19, 2012, SPP filed a Request for Rehearing and/or Clarification of the October 18, 2012 Order. SPP stated the Commission: 1) should grant rehearing authorizing SPP to implement the requirements of Order No. 755 after successful market start-up; 2) should clarify, or grant rehearing of the market-to-market compliance condition to remove any requirement that expanded market-to-market coordination be implemented by market start-up; and 3) should confirm that the October 18 Order does not preclude SPP from proposing, and the Commission from approving, an appropriate mechanism to hold external entities accountable for functions and services utilized in the Integrated Marketplace. On November 19, 2012, Golden Spread Electric Cooperative, Inc. filed a Request for Rehearing or Reconsideration of the October 18, 2012 Order. Golden Spread requested that the Commission grant rehearing or reconsideration to make clear that when SPP submits its final proposed market power mitigation plan for Commission approval that SPP will be required to justify all aspects of that plan, including the basis upon which it determines that a generator has the ability to exercise market power and the proper 1/14/ :11:36 AM Page: 17

18 measure of mitigation that should be applied to such a generator. On November 19, 2012, Westar Energy, Inc. filed a Request for Clarification of the October 18, 2012 Order. Westar stated the Commission should clarify its October 18 Order to provide that the costs associated with any grandfathered agreements ("GFAs") that are carved-out from the Integrated Marketplace should be allocated locally to the transmission area where a given GFA transaction takes place. On November 28, 2012, FERC issued a Notice of Extension of Time, granting an extension to and including February 15, 2013 for SPP to file its Compliance Filing pursuant to the October 18, 2012 Order. On December 5, 2012, Lincoln Electric System filed an answer in response to the Request for Clarification of Westar Energy, Inc. filed on November 19, LES stated: 1) Westar's Motion is premature; and 2) Westar has mischaracterized grandfathered agreement transactions and has provided no evidence to support the assertions underlying its premise. On December 4, 2012, the Midwest Independent Transmission System Operator, Inc. filed an answer in response to SPP's Request for Rehearing and/or Clarification filed on November 19, MISO stated: 1) Market-to-market ("M2M") coordination between MISO and SPP is required by prior FERC Orders; and 2) at this time no valid grounds exist for delaying M2M. On December 17, 2012, FERC issued an Order Granting Rehearing for Further Consideration of the October 18, 2012 Order. On December 19, 2012, SPP filed an answer in response to the Midwest Independent Transmission System Operator, Inc.'s December 4, 2012 Answer. SPP stated: 1) there is no per se requirement for market-to-market ("M2M") coordination between SPP and MISO on the date of implementation of the Integrated Marketplace; and 2) MISO has offered no credible justification to deny SPP's request for a one-year deferral of M2M. On December 21, 2012, the Electric Power Supply Association filed an answer in response to the answer filed by the Midwest Independent Transmission System Operator, Inc. on December 4, EPSA stated the Commission should reject MISO's answer and grant SPP's request for rehearing of the October 18, 2012 Order, or grant SPP's request for a one-year deferral to implement a market-to-market mechanism, in order to ensure that the implementation of SPP's Integrated Marketplace is not delayed. On December 21, 2012, the Southwest Power Pool Transmission Owners filed an answer in 1/14/ :11:36 AM Page: 18

19 response to the Midwest Independent Transmission System Operator, Inc.'s December 4, 2012 Answer. The TOs stated: 1) the Commission should not delay the implementation of the Integrated Marketplace because the benefits that will result from such implementation are too significant to delay; and 2) resolution of the market-to-market issues and other related issues in the Joint Operating Agreement are important, and the Commission should facilitate a formal process to ensure resolution occurs on a timely basis. ER SPP Submission of an Executed Joint Operating Agreement ("JOA") Between SPP and Western Area Power Administration, Upper Great Plains Region ("Western") (FERC Rate Schedule No. 13) On October 18, 2012, the Midwest Independent Transmission System Operator, Inc. filed a Request for Clarification or, In the Alternative, Rehearing of the September 18, 2012 Order. MISO stated: 1) the September 18 Order fails to respond meaningfully to MISO's arguments regarding the adverse effects of the proposed contract path limitations on the market-to-market coordination between SPP and MISO; and 2) by authorizing excess use charges under the SPP-Western JOA, the Commission has changed its established precedent without reasoned explanation. On October 18, 2012, the Midwest ISO Transmission Owners filed a Request for Rehearing of the September 18, 2012 Order. The MISO TOs stated: 1) the Commission's dismissive treatment of the potential adverse effects of limitations on transmission path capacity is arbitrary and capricious and not a product of reasoned decision making; and 2) authorization of excess use charges under the SPP-Western JOA departs from Commission precedent and unlawfully establishes an alternative loop flow compensation mechanism. On October 18, 2012, SPP submitted its Compliance Filing revising the Joint Operating Agreement pursuant to the September 18, 2012 Order. An effective date of June 20, 2012 was requested. On October 18, 2012, SPP, Western Area Power Administration, Basin Electric Power Cooperative, and Heartland Consumers Power District filed a Request for Clarification of paragraph 106 of the September 18, 2012 Order Granting Petition for Declaratory Order and Conditionally Accepting Joint Operating Agreement. The parties requested that the Commission clarify the revisions in the JOA that SPP proposed in its contemporaneous compliance filing comply with he Commission's directive to amend the JOA to ensure that the third party rights and transmission service are not affected; and therefore it is not necessary to amend the JOA further to limit the applicability of Sections to energy sourced within SPP or Western Area Power Administration. On November 2, 2012, SPP, Western Area Power Administration ("Western"), Basin Electric Power Cooperative, and Heartland Consumers Power District filed a Motion for Leave to 1/14/ :11:37 AM Page: 19