{"document":{"slug":"filing-20260728-5074","title":"Wabash Valley Power Association, Inc. submits Request for Issuance of an Errata to the 06/18/2026 Order Instituting Proceedings Under Section 206 of the Federal Power Act","issued":"2026-07-28","accession":"20260728-5074","docket":"EL26-67-000","group":"PJM filings","filer":"Wabash Valley Power Association, Inc.","kind":"request","file":"sources/originals/20260728-5074_01.pdf","url":"https://elibrary.ferc.gov/eLibrary/filelist?accession_Number=20260728-5074","sha256":"a879a6b974d2d35124206d2cd21dc282974aa1515b7c94423909f545e60b1bc5","pages":7,"tokens":1361,"emptyPages":[]},"pages":[{"page":1,"startToken":0,"endToken":169,"text":"UNITED STATES OF AMERICA \nBEFORE THE \nFEDERAL ENERGY REGULATORY COMMISSION \nPJM Interconnection, L.L.C. \nAEP Appalachian Transmission Company, Inc. \nAEP Indiana Michigan Transmission Company, Inc. \nAEP Kentucky Transmission Company, Inc. \nAEP Ohio Transmission Company, Inc. \nAEP West Virginia Transmission Company, Inc.  \nAllegheny Electric Cooperative, Inc. \nAmerican Transmission Systems, Incorporated \nAppalachian Power Company \nAtlantic City Electric Company \nBaltimore Gas and Electric Company \nCommonwealth Edison Company \nCommonwealth Edison Company of Indiana, Inc. \nDayton Power and Light Company \nDelmarva Power & Light Company \nDuke Energy Kentucky, Inc. \nDuke Energy Ohio, Inc. \nDuquesne Light Company \nEssential Power Rock Springs, LLC \nHudson Transmission Partners, LLC \nIndiana Michigan Power Company \nJersey Central Power & Light Company \nKentucky Power Company \nKeystone Appalachian Transmission Company \nKingsport Power Company \nLinden VFT, LLC \nMid-Atlantic Interstate Transmission, LLC \nMonongahela Power Company \nNeptune Regional Transmission System, LLC \nNextEra Energy Transmission MidAtlantic Indiana, Inc. \nOhio Power Company \nOhio Valley Electric Corporation \nOld Dominion Electric Cooperative \nPECO Energy Company \nPPL Electric Utilities Corporation \nThe Potomac Edison Company \nPotomac Electric Power Company \n       Docket No. EL26-67-000"},{"page":2,"startToken":169,"endToken":369,"text":"2 \nPublic Service Electric and Gas Company \nRockland Electric Company \nSilver Run Electric, LLC \nTrans-Allegheny Interstate Line Company \nTransource West Virginia, LLC \nUGI Utilities, Inc. \nVirginia Electric and Power Company \nWabash Valley Power Association, Inc. \nWheeling Power Company  \nWABASH VALLEY POWER ASSOCIATION, INC. \nREQUEST FOR ISSUANCE OF AN ERRATA \nTo the Commission: \nOn June 18, 2026, the Commission issued its “Order Instituting Proceeding Under \nSection 206 of the Federal Power Act” in this above captioned proceeding.1  In its Order, \nthe Commission found that PJM Interconnection, L.L.C.’s (“PJM”) existing Open Access \nTransmission Tariff (“Tariff”) appears to be unjust, unreasonable, or unduly discriminatory \nor preferential and thereafter directed PJM and forty-five (45) Participating Transmission \nOwners (“PTOs”) within PJM to show cause with respect to a variety of concerns related \nto large load or co-located load transmission and interconnection within sixty (60) days of \nthe date of its Order.2 Wabash Valley Power Association, Inc. (“WVPA”) has identified a \nprocedural issue with the Order and respectfully requests that the Commission issue an \nerrata as soon as practicable. \n1 PJM Interconnection, L.L.C., et al, 195 FERC ¶ 61,211 (June 18, 2026) (the “Order”). \n2 Id. at P 3."},{"page":3,"startToken":369,"endToken":678,"text":"3 \nBefore addressing the procedural issue presented below, WVPA desires to clarify \nthat it does not dispute the need for the Commission to address issues surrounding service \nto large load and co-located load within organized markets and elsewhere.  Further, WVPA \nacknowledges the Commission’s existing precedent regarding non-jurisdictional entities \nwith certain rate schedules within a jurisdictional RTO or ISO.   \nThe Commission included WVPA as one of the PTOs in the caption of the Order. \nHowever, at footnote 13 of the Order, the Commission described which PTOs it intended \nto include in the caption and made clear: \nTransmission Owners refers to the entities listed in the caption \nof this order. We recognize that PJM’s transmission owners \ninclude entities that are not subject to the Commission’s \njurisdiction because they are not public utilities pursuant to \nsection 201(f) of the FPA. See 16 U.S.C. § 824(f); Sw. Power \nPool, Inc., 180 FERC ¶ 61,022, at PP 44-45 (2022). \nAccordingly, the Commission has not included AMP \nTransmission, LLC; City of Hamilton, OH; East Kentucky \nPower Cooperative, Inc.; and Southern Maryland Electric \nCooperative, Inc. here as Transmission Owners that must \nrespond to this order to show cause. Nonetheless, the \nCommission retains the authority to review each entity’s \nformula rates as a component of PJM’s Tariff in an order to \nshow cause directed towards PJM, and PJM must respond to \nthis order regarding the non-public utilities’ PJM Tariff \nprovisions on file with the Commission. See Sw. Power Pool, \nInc., 180 FERC ¶ 61,022 at P 40.[3] \nLike each of the PTO entities listed in footnote 13, WVPA is not a public utility \npursuant to section 201(f) of the FPA.  In January 2025 WVPA informed the Commission \nthat as a result of the termination of one of its members, it ceased to be a public utility on \n3 Id. at fn. 13."},{"page":4,"startToken":678,"endToken":960,"text":"4 \n \n \nJanuary 1, 2025 because it became exempt from the Federal Power Act as a result of being \nwholly owned by exempt entities.  As of January 1, 2025, WVPA has been wholly owned \nby twenty-one electric cooperatives that receive financing under the Rural Electrification \nAct of 1936 or sell less than four (4) million megawatt hours annually and by one additional \nmember, which is wholly owned by WVPA.  The Commission subsequently acknowledged \nWVPA’s acceptance of its withdrawal of jurisdictional rate schedules based on the change \nin status.4   \n \nAs of today, WVPA is still wholly owned by electric cooperatives that receive \nfinancing under the Rural Electrification Act of 1936 or sell less than four (4) million \nmegawatt hours annually and by the additional member it wholly owns.  In fact, WVPA is \nitself in the process of receiving financing under the Rural Electrification Act of 1936.  \nWVPA is a PTO within PJM, however, it is a PTO that is similarly situated to all of the \nother non-jurisdictional entities listed in footnote 13 of the Order.  WVPA respectfully \nsubmits that it is unaware of any basis, stated within the Order or any facts external to the \nOrder, to treat WVPA any different.  WVPA believes that the Order inadvertently \nidentified it based on its prior status as a public utility. \n \nIn addition, WVPA believes the Commission did not intend to include it as a named \nrespondent. In the Show Cause Order issued to the California Independent System Operator \n(“CAISO”) and its transmission owners in Docket No. EL26-71-000, non-jurisdictional \n \n4 Wabash Valley Power Ass’n, Inc., Docket No. ER25-838-000, (Feb. 12, 2025) (delegated order); \nWabash Valley Power Ass’n, Inc., Docket No. ER25-842-000, (Feb. 12, 2025) (delegated order)."},{"page":5,"startToken":960,"endToken":1236,"text":"5 \nutilities were purposefully included as respondents “because their Transmission Owner \nTariffs on file with the Commission detail the wholesale load interconnection process in \nCAISO.”5  The Commission explained that “[i]f a non-public utility wishes to be removed \nfrom this proceeding, we will rescind the show cause order against them at their request, \nand we expect CAISO to respond to this order regarding the non-public utility’s CAISO \nTariff provisions on file with the Commission.”6  The Commission did not express a similar \nconcern with respect to PJM’s non-jurisdictional transmission owners. \nAs the Commission’s interests are in modifying the terms and conditions of the PJM \nTariff, an errata to the Order affecting PJM would not impact or diminish the Commission’s \nstated show cause goals. Further, an errata to the Order would be consistent with the \nCommission’s treatment of a request from a similarly situated non-jurisdictional entity in \nDocket No. EL26-72-000 regarding the Show Cause Order issued to ISO New England \nInc.7  Based on these facts, WVPA respectfully requests that the Commission issue an \nerrata to the Order that:  \n(1) removes WVPA from the caption of Docket No. EL26-67-000, which\nintended to identify only PJM and jurisdictional PTOs; and\n(2) adds WVPA in the list of non-jurisdictional PTO entities in footnote 13.\nIf the Commission determines that the requested corrections exceed the scope of \n5 Cal. Indep. Sys. Op, Inc., et al, 195 FERC ¶ 61,214 at fn. 9 (2026) (“CAISO Order”). \n6 Id., citing Sw. Power Pool, Inc., 180 FERC ¶ 61,022 at P 40 (2022).  \n7 ISO New England Inc., 195 FERC ¶ 61,215 (2026), errata notice, FERC Docket No. EL26-72-000 (July \n9, 2026)."},{"page":6,"startToken":1236,"endToken":1317,"text":"6 \nan errata, WVPA respectfully requests in the alternative that the Commission rescind the \nOrder with respect to WVPA as described in the CAISO Order precedent, as set forth \nabove. \n       Respectfully submitted, \n/s/ Jeremy L. Fetty  \nJeremy L. Fetty \nL. Robyn Zoccola\nParr Richey Frandsen Patterson Kruse LLP\nc/o Wabash Valley Power Association\n6702 Intech Boulevard\nIndianapolis, IN 46278\nTelephone: (317) 481-2815\nEmail: jfetty@parrlaw.com\nrzoccola@parrlaw.com \nCounsel \nfor \nWabash \nValley \nPower \nAssociation, Inc. \nDated: July 28, 2026"},{"page":7,"startToken":1317,"endToken":1361,"text":"7 \nCERTIFICATE OF SERVICE \nI hereby certify that on this 28th day of July 2026, I have served a copy of the \nforegoing document on the official service list compiled by the Office of the Secretary for \nthe above-referenced proceeding.  \n \n/s/ Jeremy L. Fetty"}],"sections":[{"p":1,"at":0,"title":"Opening text","method":"opening text","endPage":7,"endAt":3,"startToken":0,"endToken":1318},{"p":7,"at":3,"title":"CERTIFICATE OF SERVICE","method":"printed heading","endPage":7,"endAt":258,"startToken":1318,"endToken":1361}]}