TransCanada Power Marketing v. FERC, No. 14-1103 (D.C. Cir. 2015)Annotate this Case
On September 16, 2013, the Commission issued an Order Conditionally Accepting Tariff Revisions filed by ISO New England. In the same order, the Commission rejected the tariff proposal to allocate costs to transmission owners as inconsistent with cost-causation principles and directed ISO New England to submit a compliance filing that would allocate the costs of the Program to Real-Time Load Obligation. On April 8, 2014, FERC issued orders denying requests for rehearing of the Orders issued in Docket ER13-1851 and Docket ER13-2266. TransCanada and the Retail Energy Supply Association filed petitions for review challenging the Orders issued by FERC approving the Winter 2013-14 Reliability Program. The court declined to assess FERC’s conditional approval of the Program in Docket ER13-1851 because FERC made it clear that its decision was only tentative. The court concluded that the Commission’s decision regarding the allocation of the costs of the Program to Load-Serving Entities was a final action in Docket ER13-1851 and is ripe for review; the court found no merit in petitioners' challenges to the cost-allocation decision; and therefore, the court denied the petitions for review of the cost-allocation decision in Docket ER13-1851. The court granted in part the petition for review of Docket ER13-2266 because FERC could not properly assess whether the Program’s rates were just and reasonable.