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Client Alert

Notice of Inquiry on FERC Policy for Access to Interconnection Facilities

May 08, 2012

BY WILLIAM D. DEGRANDIS, CANDICE CASTANEDA & BRUCE BEDWELL

On April 19, 2012, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry on open access and priority rights with regard to interconnection facilities, i.e. generator lead lines (the NOI). As explained in more detail below in the NOI, FERC seeks comments on its policies for addressing open access and priority rights for capacity on interconnection facilities and its proposed alternative approaches for handling third-party requests for service and priority rights.

Because potential revisions to FERCs current policies on open access and priority rights to interconnection facilities will affect generation developers, interconnection customers owning interconnection facilities, and transmission providers, all of these parties will want to closely monitor the docket and may wish to file comments setting forth their positions on the issues. NOIs are typically pre-cursors to Notices of Proposed Rulemakings, which are issued after the Commission reviews the NOI comments and proposes new policies or regulations, which themselves will be subject to further comment. Comments on the NOI are due June 11, 2012.

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Corporate

Energy


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