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July 19, 2019
NEM Fall Leadership Roundtable and Executive Committee Meeting

NEM will convene a Fall Leadership Roundtable and Executive Committee Meeting on October 16-18, 2019, at the The Hotel Hershey in Hershey, Pennsylvania.

Confirmed Speakers thus far include:
1. Neil Chatterjee, Chairman, FERC
2. Andy Ott, Chairman, PJM
3. PAPUC Commissioners & Staff
4. K.R. Sridhar, Founder and CEO, Bloom Energy
5. Don Dodge, Developer Advocate, Google
6. John Chambers, Chairman Emeritus, CISCO, CEO, JC2 Ventures
7. Christian Belady, P.E. General Manager, Microsoft

The room block is now set up to accept reservations at The Hotel Hershey. The room block cut-off date is Friday, September 20, 2019. Reservations can be made by calling 855-729-3108 and asking for the room block for the NEM Fall Policy Leadership Roundtable 2019 at The Hotel Hershey. Alternatively, reservations can be made at:

Additional details and a draft agenda are forthcoming. You may register at this link.

Commission Adopts Rule on Horizontal Market Power Analysis for Market-Based Rate Sellers

FERC adopted a rule modifying its regulations on horizontal market power analysis for market-based rate Sellers studying certain RTO/ISO markets. FERC eliminated the requirement for Sellers to submit indicative screens in order to obtain or retain market-based rate authority in certain organized wholesale markets - Sellers will no longer be required to submit the pivotal supplier screen and the wholesale market share screen in any organized wholesale power market that administers energy, ancillary services and capacity market markets subject to FERC-approved monitoring and mitigation. However, Sellers will be required to submit indicative screens if they wish to sell capacity in SPP or CAISO (that do not administer capacity markets with FERC-approved monitoring and mitigation). All market-based rate Sellers are still required to file a vertical market power analysis and an asset appendix.

The full text of the Final Rule is available on the NEM Website.

Commission Adopts Rule on Data Collection for Analytics and Surveillance and Market-Based Rate Purposes

FERC adopted a rule on data collection for analytics and surveillance and market-based rate purposes. In the proposed rulemaking, the Commission had proposed to require entities that trade virtual products or hold financial transmission rights and for Sellers to report "Connected Entity Information." In the final rule, FERC declined to adopted that requirement. It did, however, adopt the proposal for the creation and collection of market-based rate information in a relational database that would allow for the generation of an asset appendix and organizational chart specific to each market-based rate Seller. In the database, Sellers will be linked to their market-based rate affiliates through common "ultimate upstream affiliates." Sellers are required to submit into the database information about their upstream affiliates, generation assets, long-term firm sales and purchases, vertical assets, category status, the specific markets in which the Seller is authorized to sell operating reserves, and whether the Seller is subject to mitigation or other limitations. Sellers must also submit indicative screen information in XML format. FERC also adopted the proposal to eliminate the requirement that Sellers submits corporate organizational charts.

FERC also adopted a timeline for implementation. "Sellers that have received market-based rate authority by December 31, 2020, must make a baseline submission into the relational database by close of business on February 1, 2021. Sellers that have filed for market-based rate authority, but have not received an order granting market-based rate authority as of January 1, 2021, must make a baseline submission into the relational database by close of business on February 1, 2021. . . . As of February 1, 2021, prior to filing an initial market-based rate application, a new Seller will be required to make a submission into the relational database."

The full text of the Final Rule is available on the NEM Website.

FERC Denies Complaint of NYISO Registration Applicant

FERC denied a complaint filed by a New York ESCO regarding a NYISO decision to hold its application for registration to participate in NYISO markets in abeyance pending payment by another ESCO of its outstanding and unpaid obligations to NYISO. The second ESCO is a separately owned and operated LLC that went bankrupt due to events related to the bankruptcy of its credit and vendor. In a letter to the ESCO applicant, NYISO stated it had determined that the ESCO applicant was a continuation of the other ESCO with successor liability for its debts to NYISO.

FERC denied the ESCO's complaint finding that "NYISO did not violate its OATT by attributing to [ESCO applicant] the outstanding debts of [the other ESCO], a bankrupt former NYISO market participant, for purposes of considering [ESCO applicant's] application for registration in NYISO's markets." FERC found that NYISO's OATT did not address the issue of whether and when an entity seeking to register and a previously registered entity should be treated as the same entity. It then relied on the "single entity theory" in reaching its decision. The Commission reasoned it "has disregarded corporate form 'in the interest of public convenience, fairness, or equity' and considered two entities as effectively one when necessary to fulfill the Commission's statutory and regulatory goals. While there is no specific test for when the single entity theory should be employed, the Commission has focused on such factors as the interconnectedness of the business relationships." In this case both entities have the same contacts and administrators, similar addresses and are engaged in the same business in the same territory, seeking to serve the same customers.

FERC also encouraged NYISO to add language to its OATT to set forth factors that will be considered as to whether to treat two separate entities as the same entity for purposes of being considered a Transmission Customer in default.

The full text of the Order is available on the NEM Website.

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