On November 5, 2018, the American Wind Energy Association and
the Wind Coalition (together, the "Wind Developers")
filed a complaint against Southwest Power Pool, Inc.
("SPP") regarding SPP's Bylaws and Membership
Agreement. Specifically, the Wind Developers object to the sections
of the Bylaws and Membership Agreement which impose financial
obligations ("exit fees") on independent power producers
("IPPs"), other comparable non-transmission owners
("non-TOs"), and non-load-serving entities
("non-LSEs"). The Wind Developers argue that the exit fee
violates cost causation principles, may pose a barrier to entry
into SPP to vote on critical issues, directly affects
jurisdictional rates, and that therefore, the exit fee is unjust,
unreasonable, and unduly discriminatory.
