Pending Cases

Nos. 17-1101, et al. (D.C. Cir. filed 3/31/2017) Tariff provisions relating to the allocation of Auction Revenue Rights and Financial Transmission Rights. PJM Interconnection, L.L.C., 156 FERC ¶ 61,180 (2016), order on reh'g & compl., 158 FERC ¶ 61,093 (2017). et al. Status: petitions for review denied 6/12/2018

Nos. 17-70850 and 17-70881 (9th Cir. filed 3/23/2017) California refund proceeding orders, directing remaining non-settling sellers to disgorge excess amounts they received for all sales during all hours of the summer 2000 refund period, when market prices were inflated by tariff violations by sellers. San Diego Gas & Electric Co. v. Sellers of Energy, et al., Op. No. 536, 149 FERC ¶ 61,116 (2014), on reh'g, Op. No. 536-A, 153 FERC ¶ 61,144 (2015), on reh'g,154 FERC ¶ 61,063 (2016), on reh'g,158 FERC ¶ 61,076 (2017). et al. Status: No. 17-70850 dismissed on 10/24/2017; 17-17881 dismissed on 8/21/2018

No. 17-1098 (D.C. Cir. filed 3/23/2017) Certificate authorizing construction and operation of Atlantic Sunrise Project in mid-Atlantic and southern states. Transcontinental Gas Pipe Line Co., LLC,158 FERC ¶ 61,125 (2017), reh'g pending [tolling order issued] Status: petitions for review denied 8/2/2019

No. 17-1050 (D.C. Cir. filed 2/10/2017) Partial waiver of operating and efficiency standards for qualifying cogeneration facility under PURPA regulations; finding that Power Purchase Agreement continues to govern rates. Saguaro Power Co., 156 FERC ¶ 61,247 (2016), reh'g denied,157 FERC ¶ 61,203 (2016). et al. Status: dismissed 4/23/2018

No. 17-1040 and 17-1041 (D.C. Cir. filed 2/6/2017) Allocation of cost responsibility for PJM transmission expansions and upgrades. PJM Interconnection, L.L.C., 154 FERC ¶¶ 61,096 and 61,097 (2016), order on reh'g and compl.,157 FERC ¶¶ 61,191 and 61,192 (2016). et al. Status: petitions for review granted and remanded on 8/3/2018

No. 17-1047 (3rd Cir. filed 1/6/2017) Order authorizing Transco to construct Garden State Expansion Project (compressor, stations, and appurtenant facilities) in New Jersey. Transcontinental Gas Pipe Line Co., LLC, 155 FERC ¶ 61,016 (2016), reh'g denied,157 FERC ¶ 61,095 (2016). Status: petition for review denied 9/5/2018

No. 17-1003 (D.C. Cir. filed 1/4/2017) Order amending licenses for three hydroelectric projects on the Kennebec River in Maine, to require protection plans for endangered Atlantic salmon and sturgeon. Merimil Limited Partnership and Brookfield White Pine Hydro, LLC, 155 FERC ¶ 61,185 (2016), reh'g dismissed,157 FERC ¶ 61,089 (2016).et al. Status: petition for review denied 10/23/2018

No. 17-1002 (D.C. Cir. filed 1/3/2017) Order authorizing Trans-Pecos Pipeline to site, construct, and operate a border-crossing facility (Presidio Border Crossing Project) for the import and export of natural gas at the international boundary between the US and Mexico. Trans-Pecos Pipeline, LLC, 155 FERC ¶ 61,140 (2016), order on reh'g, 157 FERC ¶ 61,081 (2016). Status: petition for review denied 7/17/2018

No. 16-1449 (D.C. Cir. filed 12/27/2016) Compliance filings by PJM, MISO, PJM Transmission Owners, and MISO Transmission Owners, concerning interregional transmission coordination and cost planning requirements of Order No. 1000. PJM Interconn., L.L.C., et al., 149 FERC ¶ 61,250 (2014), order on reh'g and compl.,155 FERC ¶ 61,008 (2016), order on reh'g and compl.,157 FERC ¶ 61,065 (2016).et al. Status: dismissed 9/24/2018

No. 16-1433 (D.C. Cir. filed 12/23/2016) Recovery of development and construction costs associated with transmission upgrade (SOCRE project), if abandoned or cancelled for reasons beyond SDG's control. San Diego Gas & Electric Co.,154 FERC ¶ 61,158 (2016), reh'g denied,157 FERC ¶ 61,056 (2016). Status: petition for review denied 1/15/2019

No. 16-1408 (D.C. Cir. filed 11/23/2016) Results of 10th ISO-NE Forward Capacity Auction; bidding behavior and retirement of Brayton Point facility. ISO New England, Inc., 155 FERC ¶ 61,273 (2016), reh'g denied,157 FERC ¶ 61,060 (2016). Status: petitions for review dismissed 7/24/2018

Nos. 15-1049, et al. and 16-1385, et al. (D.C. Cir. filed 11/4/2016 and later) Refund of previously-allocated costs associated with the operation of System Support Resource generating units, located in the American Transmission Co. service territory, under the MISO tariff. Pub. Serv. Comm'n of Wisconsin v. Midcontinent Indep. System Operator, Inc., et al., order on reh'g compl., 150 FERC ¶ 61,104 (2015), and earlier orders; order on reh'g clar., 156 FERC ¶ 61,205 (2016). Status: petition for certiorari (S. Ct. No. 18-893, City of Mackinac Island, MI, et al. v. FERC) filed 1/23/2019

No. 16-1382 (D.C. Cir. filed 11/4/2016) Order on remand from LPSC v. FERC, 772 F.3d 1297 (D.C. Cir. 2014), concerning denial of refunds. Louisiana Pub. Serv. Comm'n, et al. v. Entergy Corp. and Entergy Services, Inc., 155 FERC ¶ 61,120 (2016), reh'g denied,156 FERC ¶ 61,221 (2016).et al. Status: petition for review denied 3/6/2018

Nos. 16-1017, et al. (D.C. Cir. filed 10/21/2016) Rates for natural gas transportation service; various rate issues, some summarily resolved and some set for hearing; acceptance, rejection, and suspension of, and hearing on, certain tariff records. Alliance Pipeline L.P., 151 FERC ¶ 61,271 (2015), order on reh'g, 153 FERC ¶ 61,195 (2015), reh'g denied, 154 FERC ¶ 61,112 (2016); 153 FERC ¶ 61,362 (2015), reh'g denied, 155 FERC ¶ 61,119 (2016); 154 FERC ¶ 61,160 (2016), reh'g denied, 156 FERC ¶ 61,123 (2016). et al. Status: dismissed 7/25/2018

No. 16-1342 (D.C. Cir. filed 9/30/2016) Assignment of costs of constructing network upgrade to interconnecting generator, based on tariff language and cost allocation policy; which version of PJM tariff to use. PJM Interconn., L.L.C., 153 FERC ¶ 61,327 (2015), order on reh'g, compl. clar., 156 FERC ¶ 61,090 (2016) (on remand from West Deptford Energy v. FERC, D.C. Cir. 2014). Status: petition for review denied 6/8/2018

Nos. 16-1329 and 16-1387 (D.C. Cir. filed 9/21/2016 and later) Order authorizing, subject to conditions, Florida Southeast, Transco, and Sabal Trail to construct and operate natural gas pipeline projects to serve Florida and southeast markets. Florida Southeast Connection, LLC, et al., 154 FERC ¶ 61,080 (2016), order on reh'g,156 FERC ¶ 61,160 (2016). Status: petition for review in No. 16-1329 is granted, orders under review are vacated and remanded to FERC, petition for review in No. 16-1387 is denied, 8/22/2017

Nos. 16-1325 and 16-1326 (D.C. Cir. filed 9/19/2016) Orders on 2013 and 2015 complaints challenging the MISO transmission owners' return on equity, reflected in MISO's tariff. Ass'n of Businesses Advocating Tariff Equity, et al. v. Midcontinent Indep. Sys. Operator, Inc., et al., 149 FERC ¶ 61,049 (2014), order on reh'g,156 FERC ¶ 61,060 (2016); and Arkansas Elec. Coop. Corp., et al. v. ALLETE, Inc., et al.,151 FERC ¶ 61,219 (2015), order on reh'g,156 FERC ¶ 61,061 (2016). Status: in abeyance

No. 16-1305 (D.C. Cir. filed 8/30/2016) Allocation of proceeds from a settlement agreement between Union Pacific and Entergy Arkansas, following withdrawal of Entergy Arkansas from Entergy System Agreement. Entergy Services, Inc., Opinion No. 547, 154 FERC ¶ 61,173 (2016), order on reh'g and compl., 156 FERC ¶ 61,112 (2016). Status: petition for review denied 6/1/2018

No. 16-1304 (D.C. Cir. filed 8/29/2016) MISO tariff provisions for funding of network upgrades by interconnecting generators. Otter Tail Power Co. v. Midcontinent Indep. Sys. Op., Inc., 151 FERC ¶ 61,220 (2015), order on reh'g & clar., 153 FERC ¶ 61,352 (2015), reh'g denied, 156 FERC ¶ 61,099 (2016). et al. Status: consolidated with D.C. Cir. Nos. 16-1075, et al.; Petitions for review granted and orders vacated and remanded 1/26/2018

No. 16-1296 (D.C. Cir. filed 8/22/2016) Issuance of new license to continue operation and maintenance of 819 MW Catawba-Wateree Hydroelectric Project, located on the Catawba and Wateree Rivers in North Carolina and South Carolina. Duke Energy Carolinas, LLC, 153 FERC ¶ 62,134 (2015), order on reh'g & clar., 156 FERC ¶ 61,010 (2016). Status: petition for review denied 3/6/2018