FERC Open-Access Rule May Provide Developer Certainty
Law360, New York (June 16, 2014, 11:06 AM EDT) -- On May 15, 2014, the Federal Energy Regulatory Commission issued a notice of proposed rulemaking[1] in which it proposed to waive the open access transmission tariff ("OATT") requirements for public utilities that own, operate or control tie-lines (or "gen-tie lines") that connect electric generating units to the transmission grid. In the notice, FERC seeks comment on whether it should scale back the obligations of public utilities to provide open access transmission services on their tie-lines, provide a safe harbor for entities that are developing future projects and potentially eliminate the requirement that a generator hold an ownership interest in the gen-tie line in order to benefit from the safe harbor. Comments are due on the proposed rule July 29, 2014....
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