{"document":{"slug":"filing-20260728-5083","title":"Motion of Wabash Valley Power Association, Inc. for Request for Issuance of an Errata of the 06/18/2026 Order Instituting Proceedings Under Section 206 of the Federal Power Act","issued":"2026-07-28","accession":"20260728-5083","docket":"EL26-70-000","group":"MISO filings","filer":"Wabash Valley Power Association, Inc.","kind":"motion","file":"sources/originals/20260728-5083_01.pdf","url":"https://elibrary.ferc.gov/eLibrary/filelist?accession_Number=20260728-5083","sha256":"41d1c773401fc3951546100480f2b1160fdc77f530b56eabd1935a136cc5299c","pages":7,"tokens":1449,"emptyPages":[]},"pages":[{"page":1,"startToken":0,"endToken":138,"text":"7607303 \nUNITED STATES OF AMERICA \nBEFORE THE \nFEDERAL ENERGY REGULATORY COMMISSION \n \nMidcontinent Independent System Operator, Inc. \n \nAEP Indiana Michigan Transmission Company, Inc. \nALLETE, Inc. \nAmeren Illinois Company \nAmeren Transmission Company of Illinois \nAmerican Transmission Company, LLC \nCleco Power LLC \nDuke Energy Indiana, LLC \nEntergy Arkansas, LLC \nEntergy Louisiana, LLC \nEntergy Mississippi, LLC \nEntergy New Orleans, LLC \nEntergy Texas, Inc. \nGridLiance Heartland LLC \nIndianapolis Power & Light Company \nInternational Transmission Company \nITC Midwest LLC \nMichigan Electric Transmission Company, LLC \nMidAmerican Energy Company \nMontana-Dakota Utilities Company \nNorthern Indiana Public Service Company LLC \nNorthern States Power Company, a Minnesota \nCorporation \nNorthern States Power Company, a Wisconsin \nCorporation \nNorthwestern Wisconsin Electric Company \nOtter Tail Power Company \nPioneer Transmission, LLC \nRepublic Transmission, LLC \nSouthern Indiana Gas & Electric Company \nUnion Electric Company \nWabash Valley Power Association, Inc. \nWolverine Power Supply Cooperative, Inc. \n \n       Docket No. EL26-70-000"},{"page":2,"startToken":138,"endToken":354,"text":"2 \n \n7607303 \n \nWABASH VALLEY POWER ASSOCIATION, INC. \nREQUEST FOR ISSUANCE OF AN ERRATA \n \n \nTo the Commission: \n \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 Midcontinent Independent System Operator Inc.’s (“MISO”) \nexisting Open Access Transmission, Energy, and Operating Reserve Markets Tariff \n(“Tariff”) appears to be unjust, unreasonable, or unduly discriminatory or preferential and \nthereafter directed MISO and thirty (30) Participating Transmission Owners (“PTOs”) \nwithin MISO to show cause with respect to a variety of concerns related to large load or \nco-located load transmission and interconnection within sixty (60) days of the date of its \nOrder.2 Wabash Valley Power Association, Inc. (“WVPA”) has identified a procedural \nissue with the Order and respectfully requests that the Commission issue an errata as soon \nas practicable. \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 \n \n1 Midcontinent Independent System Operator, Inc., et al, 195 FERC ¶ 61,212 (June 18, 2026) (the \n“Order”). \n \n2 Id. at P 3."},{"page":3,"startToken":354,"endToken":692,"text":"3 \n \n7607303 \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 11 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 MISO’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 1803 Electric \nCooperative, Inc.; Ames Municipal Electric System; Arkansas \nElectric Cooperative Corporation; Big Rivers Electric \nCorporation; Board of Water, Electric and Communications \nTrustees of the City of Muscatine, Iowa; Central Minnesota \nMunicipal Power Agency; Citizens Electric Corporation; City \nof Alexandria, Louisiana; City of Columbia, Missouri, Water \n& Light Department; City of Henderson, Kentucky, Utility \nCommission; City Water, Light and Power - City of \nSpringfield, Illinois City Water and Light Plant of the City of \nJonesboro; \nCooperative \nEnergy; \nDairyland \nPower \nCooperative; East Texas Electric Cooperative, Inc.; Great \nRiver Energy; Hoosier Energy Rural Electric Cooperative, \nInc.; Indiana Municipal Power Agency; Lafayette City-Parish \nConsolidated Government; Michigan Public Power Agency; \nMichigan South Central Power Agency; Minnesota Municipal \nPower Agency; Missouri Joint Municipal Electric Utility \nCommission; Missouri River Energy Services; Municipal \nElectric Utility of the City of Cedar Falls, Iowa; Municipal \nEnergy Agency of Nebraska; Prairie Power, Inc.; Rochester \nPublic Utilities; Sam Houston Electric Cooperative, Inc.; \nSouthern Illinois Power Cooperative; Southern Minnesota \nMunicipal Power Agency; Willmar Municipal Utilities; and \nWPPI Energy here as Transmission Owners that must respond \nto this order to show cause. Nonetheless, the Commission \nretains the authority to review each entity’s formula rates as a \ncomponent of MISO’s Tariff in an order to show cause directed \ntowards MISO, and MISO must respond to this order regarding \nthe non-public utilities’ MISO Tariff provisions on file with"},{"page":4,"startToken":692,"endToken":985,"text":"4 \n \n7607303 \nthe Commission. See Sw. Power Pool, Inc., 180 FERC ¶ \n61,022 at P 40.[3] \n \n \nLike each of the PTO entities listed in footnote 11, 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 \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 MISO, however, it is a PTO that is similarly situated to all of the \nother non-jurisdictional entities listed in footnote 11 of the Order.  WVPA respectfully \nsubmits that it is unaware of any basis, stated within the Order or any facts external to the \n \n3 Id. at fn. 11. \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":985,"endToken":1271,"text":"5 \n \n7607303 \nOrder, to treat WVPA any different. WVPA believes that the Order inadvertently identified \nit 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 \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 MISO’s non-jurisdictional transmission owners. \n \nAs the Commission’s interests are in modifying the terms and conditions of the \nMISO Tariff, an errata to the Order affecting MISO would not impact or diminish the \nCommission’s stated show cause goals.  Further, an errata to the Order would be consistent \nwith the Commission’s treatment of a request from a similarly situated non-jurisdictional \nentity in Docket No. EL26-72-000 regarding the Show Cause Order issued to ISO New \nEngland Inc.7  Based on these facts, WVPA respectfully requests that the Commission \n \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":1271,"endToken":1405,"text":"6 \n \n7607303 \nissue an errata to the Order that:  \n(1) removes WVPA from the caption of Docket No. EL26-70-000, which intended \nto identify only MISO and jurisdictional PTOs; and \n \n(2) adds WVPA in the list of non-jurisdictional PTO entities in footnote 11. \n \n \nIf the Commission determines that the requested corrections exceed the scope of \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  \n \n \n \n \n \n       Respectfully submitted, \n \n  \n/s/ Jeremy L. Fetty  \n \n \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 \n \nCounsel \nfor \nWabash \nValley \nPower \nAssociation, Inc. \n \n \nDated: July 28, 2026"},{"page":7,"startToken":1405,"endToken":1449,"text":"7607303 \nCERTIFICATE OF SERVICE \n \n \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 \n \n \n \n \n \n/s/ Jeremy L. Fetty"}],"sections":[{"p":1,"at":0,"title":"Opening text","method":"opening text","endPage":7,"endAt":9,"startToken":0,"endToken":1406},{"p":7,"at":9,"title":"CERTIFICATE OF SERVICE","method":"printed heading","endPage":7,"endAt":280,"startToken":1406,"endToken":1449}]}