FERC Rejects Rehearing Request Regarding SPP Congestion Charge Exemptions

On April 27, 2018 ("April 27 Order"), FERC denied a rehearing request of Basin Electric Power Cooperative ("Basin Electric"), Heartland Consumers Power District ("Heartland"), and Missouri River Energy Services ("Missouri River"; collectively, "Rehearing Parties").  The Rehearing Parties contended that their grandfathered agreement regarding the Missouri Basin Power Project was eligible for carve-out treatment under the Southwest Power Pool, Inc. ("SPP") Open Access Transmission Tariff ("SPP Tariff").  In this proceeding, "carve-out treatment" refers to an exemption from congestion charges and marginal losses.  FERC ultimately rejected the rehearing request because it found, among other reasons, that Rehearing Parties are not similarly situated to another party, who had already been given carve-out treatment.