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Energy Law

: Energy Legal Blog

Revised Contents of Sellers' Market-Based Rate Tariffs Clarified

By Andrea Kells

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In a late December order addressing National Grid USA's proposed revision to its market-based rate (MBR) tariff in compliance with last summer's Order No. 697, FERC clarified several aspects of that order. First, FERC reminded MBR power wholesalers that they must specify in their tariffs any limitations on or exemptions to their MBR authority. Second, FERC clarified that Order No. 697's permission to include in an MBR tariff certain seller-specific terms and conditions went to such standard provisions as creditworthiness and dispute resolution procedures, but did not authorize offering ancillary services beyond those specifically authorized in Order No. 697. With regard to services offered in a wholesaler's pre-Order No. 697 MBR tariff, but not specifically authorized in Order No. 697, FERC convened further proceedings on whether those services should continue to be offered. Further, FERC ordered removed from MBR tariffs any language concerning reassignment of transmission capacity and change-in-status reporting, as those topics are respectively covered by the pro forma OATT and codified in Order No. 697.

Full post as published by Energy Legal Blog on January 15, 2008 (boomark / email).