FERC Updates Market-Based Rate Program And Clarifies Gen-Tie Policy

At its October 2015 meeting, the Federal Energy Regulatory Commission ("FERC") issued Order No. 816, a final rule adopting proposals to update its market-based rate program.  In addition, FERC denied rehearing and granted clarification of its Order No. 807, a ruling that waived open access requirements for owners of "gen-tie" interconnection facilities and established a rebuttable presumption that for the first five years following commercial operation, the gen-tie owner and its affiliates will have priority rights to unused capacity on the gen-tie.  (See Orrick's client alert on Order No. 807, below.)

Both policy reforms have been addressed in prior Orrick client alerts available here and here.