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FERC RTO/SMD Issues

The FERC has issued several major orders since 1996 in an effort to restructure the wholesale electricity and electric transmission industries. In a “standard market design” initiative, the agency is attempting to establish spot markets throughout the nation for setting rates for wholesale electricity and transmission rates. The proposal has been quite controversial as states which have not restructured their electric industries are apprehensive of introducing market pricing, particularly after the California market failure.

Impact of Flawed Spot Market Prices on Forward Contracts

PJM Market Monitor's Affidavit Regarding Sellers' Exercise of Market Power and PJM Interference with Independence - 06-12-2007

Response of Snohomish PUD to Hogan & Harvey Letter - 05-14-2007

Hogan & Harvey Letter Regarding Court Reliance on FERC Staff Report Finding Nexus Between Spot Market and Forward Market Contracts -
04-09-2007

Commissioner Kelly’s Talking Points on Transmission Incentives and Consumer Focus - 12-21-2006

Retroactive revocation of market rate authorization, Snohomish PUD v FERC, 9th Circuit No. 03-72511 - 12-19-2006

FERC NOPR RM06-16, Proposed Mandatory Reliability Rules - 10-20-2006

NASUCA Comments on Proposed Repeal of Market Behavior Rules -
12-22-2005

Industry, FERC bristle as challenges mount to overall move to competition - Electric Utility Week - 07-26-2004

Statement of Issues in D.C. Circuit Court case challenging FERC's claim of authority to allow market-based rates - 08-20-2004
Consumer Groups Attack Legal Basis of FERC's Deregulation Program - Public Citizen - 08-19-2004
Consumer Advocates Challenge FERC "Market-Based Rate" Orders as Unauthorized by the Federal Power Act - 07-16-2004
  
Request for Rehearing of FERC Market Power Order in Case
   PL02-8-000 by NM Attorney General, CO Office of Consumer
   Counsel, UT Committee of Consumer Services, RI Attorney
   General, and RI Division of Public Utilities and RI Division of
   Public Utilities and Carriers
- 05-14-2004
     PULP Joins in Petition For Rehearing Challenging FERC
      Market-Based Rates and Manipulation Conditions
- 12-18-03
     May The FERC Rely On Markets To Set Electric Rates?
     Energy Law Journal - 06-2003

Request for Rehearing of FERC Market Power Order in Case PL02-8-000 by NM Attorney General, CO Office of Consumer Counsel, UT Committee of Consumer Services, RI Attorney General, and RI Division of Public Utilities and Carriers- 05-14-2004

ENERGY: Retirement frees ex-SCC official to speak on issues - Richmond Times Dispatch - 04-12-2004

Consumers Union and CFA letter Opposing SMD - 04-02-2004

Investors Cancel Auction Of Line Access, Imperiling Construction Contracts - The Wall Street Journal - 03-01-2004

NASUCA Requests FERC Rehearing On Anti-Manipulation Rules for Market-Based Rates, 12/17/03.

Battle over U.S. power grid brews in Midwest - Reuters - 10-07-2003

Enron Seeks Millions for Power Never Delivered to Sierra Pacific - NY Times - 10-06-2003

CFTC Complaint Against AEP and AEP Subsidiary for False Reporting of Gas Trades to Manipulate Price Indexes - 10-01-2003

New England AGs and Consumer Advocates Oppose New England RTO Formation09-30-2003
    Massachusetts Attorney General Tom Reilly joined with Connecticut Attorney General Richard Blumenthal, Rhode Island Attorney General Patrick Lynch, Connecticut Consumer Counsel Mary Healey, New Hampshire Consumer Advocate Michael Holmes and Maine Public Advocate Stephen Ward in opposing ISO New England's plans to create an RTO.
       NEPOOL Press Release
       Synapse Report - FERC’s Transmission Pricing Policy

AEP vows to keep power grid intact as PJM member - Reuters - 09-29-2003

Legal Issues Presented By the Federal Energy Regulatory Commission (FERC) Proposed Standard Market Design - PULP - 11-08-2002