Who said what

Find the argument, the person who made it and the section it concerns. A state consumer advocate speaks for a different office than a utility commission. Hearing testimony does not establish a vote on a pending filing.

PJM’s state commissions split differently on the two plans

Thirteen commissions backed OPSI’s August comments on the original backstop. West Virginia did not. Eleven backed its September comments on PJM’s registry and curtailment plan, including West Virginia. Kentucky, Ohio and Virginia abstained. Neither tally is a vote on the November filings.

Browse topics

Allocation data

Google and other buyers ask for state access to cost-allocation data

Google, Equinix and Data Center Coalition · Direct response

FERC cites all three commenters as seeking to share the underlying allocation data with states. Those data would let a retail regulator see which wholesale obligations had been assigned before setting the customer’s retail rate.

PDF p. 49, footnote 191, citing Google comments p. 8

Allocation snapshot

Fifteen years of bills on one forecast

Illinois Commerce Commission and Joint Consumer Advocates · Related public statement

Illinois regulators and the consumer advocates warned that a single end date for contracts could amplify forecast errors. FERC recorded that concern as it considered freezing load shares at one point in time.

PDF p. 40, footnote 144

Fifteen years of bills on one forecast

Illinois Commerce Commission and Joint Consumer Advocates · Direct response

Illinois regulators and the consumer advocates warned that a single end date for contracts could amplify forecast errors. FERC recorded that concern as it considered freezing load shares at one point in time.

PDF p. 40, footnote 144

New Jersey wanted one cutoff for counting load across zones

New Jersey Board of Public Utilities · Direct response

FERC records the board’s comparison of one distributor counting projects from 50 MW and another reporting expansions from 20 MW. The board wanted a consistent threshold so that equally sized projects would not pay differently just because of where they connected.

PDF pp. 43–44, NJBPU comments summarized by FERC

New Jersey had objected to uneven starting data

New Jersey Board of Public Utilities · Related public statement

In comments on the July proposal, the board showed how different distributor cutoffs could charge comparable projects differently. It sought a uniform threshold before assigning bills. That objection explains why it matters which projects count in the refiling.

PDF pp. 43–44, NJBPU comments summarized by FERC

Auction pricing

The market monitor wanted new physical supply

Independent Market Monitor for PJM · Related public statement

The monitor objected to eligibility rules that could let an existing resource reclassify its capacity. Its test was whether an award actually paid for additional physical supply.

PDF p. 15, responsive pleadings

The market monitor wanted new physical supply

Independent Market Monitor for PJM · Direct response

The monitor objected to eligibility rules that could let an existing resource reclassify its capacity. Its test was whether an award actually paid for additional physical supply.

PDF p. 15, responsive pleadings

Auction timing

Exelon points to New England as a precedent for buying closer to delivery

Exelon Corporation · Related public statement

In a separate complaint about PJM, Exelon argued that moving procurement closer to delivery could reduce forecast risk. It invoked ISO New England as a precedent. The complaint sought changes in PJM, not changes to ISO New England’s July report.

PDF pp. 52–53

Bilateral contracts

A longer wait for private deals

Mary Yang, 804 Advisory, interviewed by Latitude Media · Direct response

Yang, a former PJM regulatory counsel, expected other priorities to delay a rewrite. She said that uncertainty could slow bilateral arrangements between new loads and generators.

Maeve Allsup, October 13, interview with Mary Yang

Board action

CAISO describes the board’s plan before filing

Elliot Mainzer, CAISO president and CEO, quoted by APPA · Related public statement

After the October board action, Mainzer said CAISO expected its response to improve operational visibility, protect other customers from cost shifts and speed connections for flexible loads. His statement described a plan, not FERC approval.

October 28, comments following board action

Co-location

Constellation challenges the July 2028 date

Constellation and PJM · Direct response

Constellation questioned the proposed July 2028 start for interim network service. PJM answered that administering interruptions required new automation, but said it expected to take requests from September 2027.

PDF pp. 2–3

AMP identifies a missing class of behind-the-meter generation

American Municipal Power and PJM · Direct response

AMP asked that the new service also cover non-retail behind-the-meter generation. PJM agreed to revise the language. On a separate objection from Amtrak and industrial customers, PJM said its changes did not impose the netting restriction they feared.

PDF pp. 6–7

Which part could be filed in August?

PJM and Constellation · Direct response

PJM sought an extension to align its co-location and large-load work. Constellation wanted full interim network-service terms on the original schedule. FERC kept the August partial filing while granting additional time for other requirements.

Requests and ruling on extension of time (unpaginated)

Constellation supported more time with a condition

Constellation Energy Generation · Direct response

Constellation supported a partial delay but said PJM’s separate duty to comply with the co-location order could not depend on the outcome of the large-load process.

PDF pp. 2–3

Collateral

FirstEnergy challenged the earlier security requirement

FirstEnergy Service Company · Related public statement

FirstEnergy compared supplier security of $1.5 million per MW under the earlier design with the much smaller security required of sellers. That objection is a benchmark for the revised calculation, not an objection to the new $686,000 figure.

PDF p. 14

Contract length

Consumer advocates question a 15-year commitment

Joint Consumer Advocates, including Delaware, D.C., Illinois, Maryland and New Jersey offices · Related public statement

The advocates estimated that buying 15 years rather than five could add $13 billion. They also warned that without a location requirement, customers could pay for capacity built far from the shortfall. These were their estimates and objections to the September order.

PDF pp. 2, 4, 6–7

Cost recovery

Pennsylvania’s consumer advocate challenges regional cost sharing

Pennsylvania Office of Consumer Advocate · Direct response

The office asked FERC to clarify that a customer agreement is only one protection. It wanted parties to be able to show that existing regional allocation methods themselves charge other customers for network upgrades needed by a large load.

PDF pp. 2–5

Four state offices want the full upgrade cost charged to the new load

Maryland Office of People’s Counsel, Ohio Consumers’ Counsel, Delaware Division of the Public Advocate and Illinois Attorney General · Direct response

The four offices backed FERC’s transparency directives but said disclosure alone leaves existing cost shifts intact. They asked that agreements require full payment for the necessary upgrades and that other customers receive the corresponding revenue credits promptly.

PDF pp. 1–4, section III.B challenge

Missouri supports five extra days to secure a state review

Missouri Public Service Commission · Direct response

Missouri backed the 95-day request because SPP’s November 17 board vote fell just beyond the 90-day window. It said the extra days allowed meaningful state input without materially delaying the case.

PDF pp. 1, 3–5

Credit support

A promise to pay is only as good as its security

Commissioner Judy Chang · Related public statement

In the separate Duke case, Chang dissented because Duke had not shown that its security requirements backed the full 15-year payment promise. The comparison bears on PJM’s proposed collateral; Chang was not evaluating PJM’s dollar amount.

Chang dissent, section on security requirements

Chang dissented over the lack of dedicated security

Commissioner Judy Chang · Direct response

Chang said Duke had not demonstrated that a promise to pay for 75% of forecast demand would protect existing customers if the responsible utility defaulted. She wanted security commensurate with the 15-year commitment.

Chang dissent, section on security requirements (unpaginated DOCX)

Curtailment

Which customers should lose power first?

Commissioner David Rosner · Related public statement

Rosner wanted voluntary demand response called first, followed by noncritical large loads before homes and other ordinary customers. He objected to keeping demand out of the capacity market forecast. His October concurrence predates the November compliance filing.

PDF pp. 55–57, Rosner concurrence

Chang questions the incentive to stay flexible after connection

Commissioner Judy Chang · Related public statement

Chang asked why a data center would voluntarily disconnect once connected if each interrupted megawatt-hour was very costly. She invited utilities and operators to explain what would make a flexibility commitment credible.

October 21 reliability conference, 01:36:23

Which customers should lose power first?

Commissioner David Rosner · Direct response

Rosner wanted voluntary demand response called first, followed by noncritical large loads before homes and other ordinary customers. He objected to keeping demand out of the capacity market forecast. His October concurrence predates the November compliance filing.

PDF pp. 55–57, Rosner concurrence

When is an interruption a substitute for capacity?

Commissioner David Rosner · Related public statement

PJM’s July report considered shortage service. Reviewing a subsequent tariff proposal in October, Rosner objected to mandatory curtailment before paid, voluntary demand response and warned about masking demand in capacity prices.

PDF pp. 55–57, Rosner concurrence

Corporate buyers oppose a uniform retail cutoff

Data Center Coalition · Direct response

The coalition supported letting customers bring their own generation but opposed the proposed interim service. It argued that PJM’s region-wide mandatory curtailment rule would displace state retail decisions.

PDF pp. 2–4

Consumer advocates tie curtailment to an alternative to the backstop

Joint Consumer Advocates · Direct response

The advocates saw value in a choice between contributing new capacity and curtailing with appropriate state action. With suitable eligibility rules, they argued, this mechanism would make a separate backstop procurement redundant.

PDF pp. 2–3, 40

Customer costs

Consumer offices question the treatment of existing load

Iowa Office of Consumer Advocate, Illinois and Michigan attorneys general, Minnesota Department of Commerce and co-protesters · Direct response

The joint protesters asked how the study would prevent costs shifting to other customers. They warned that related MISO proposals could exempt about 30 GW of existing load from some reliability requirements; 30 GW was not the size of the proposed LARS study queue.

PDF pp. 1, 3–4, 6

Rosner calls the tariff an improvement, with risk left over

Commissioner David Rosner · Direct response

Rosner said Duke’s previous tariff contained no comparable protection for households or small businesses. He accepted the added protection and said FERC should consider more if action by the states proved insufficient.

Rosner concurrence, first and second points (unpaginated DOCX)

Who pays when a data center brings its own generator?

Commissioner David LaCerte · Related public statement

Answering Senator Cotton, LaCerte said beneficiaries should pay for the new infrastructure and states should hold hyperscalers to their commitments in retail rates. He did not specify a PJM cost formula.

PDF pp. 79–80, printed pp. 75–76

An Indiana representative asks for federal review of large-load projects

Rep. Victoria Spartz (Indiana’s 5th Congressional District) · Direct response

Spartz asked FERC and DOE to scrutinize potentially duplicate load forecasts and to require developers to pay attributable generation and transmission costs. Her November letter represents a member of Congress, not Indiana’s utility commission.

PDF pp. 1–4

SPP’s state committee wanted time to develop a cost proposal

SPP Regional State Committee · Direct response

The committee endorsed a November 20 deadline while its cost-allocation team studied who should secure network costs if promised demand fails to arrive or leaves early. The filing endorsed the schedule, not a final cost-allocation formula.

PDF pp. 1–2

MISO would proceed before the rest of the cost protections are approved

Midcontinent Independent System Operator · Direct response

MISO said the study should go ahead before related cost-recovery reforms were complete. It promised to incorporate those protections once FERC accepted them and cited other existing tariff mechanisms.

PDF pp. 5–6

Rosner wants commitments that survive a canceled project

Commissioner David Rosner · Direct response

Rosner argued that a cost recovery agreement should prevent households from paying for a network upgrade if the data center never opens. He invited alternative regional mechanisms if they offered comparable protection.

PDF p. 91, Rosner concurrence

Chang explains why the June record needs upgrade costs

Commissioner Judy Chang · Direct response

Answering Senator Hirono, Chang linked the June section 206 proceedings to tracking which data center triggered a network upgrade and identifying who would otherwise pay. She described the information needed to limit cost shifting, not the outcome of a regional case.

PDF p. 75, printed p. 71

State regulators raised the risk that a large project leaves early

SPP Regional State Committee · Related public statement

In its later comments on the filing schedule, the committee said its cost team was examining security for upgrades if a large customer never arrives or leaves early. It did not approve a particular conditional-service charge.

PDF pp. 1–2

Consumer offices challenge the exemption for earlier projects

Iowa Office of Consumer Advocate, Illinois and Michigan attorneys general, Minnesota Department of Commerce and co-protesters · Direct response

The coalition challenged MISO’s grandfathering provisions. It said existing loads can also trip or ramp suddenly and that utilities and other customers could inherit the cost of local reliability projects if those loads were exempt.

Protest and concluding request on proposed section 37A (unpaginated)

Who pays when a data center brings its own generator?

Commissioner David LaCerte · Direct response

Answering Senator Cotton, LaCerte said beneficiaries should pay for the new infrastructure and states should hold hyperscalers to their commitments in retail rates. He did not specify a PJM cost formula.

PDF pp. 79–80, printed pp. 75–76

Data quality

Give customers a chance to correct errors

Equinix and PJM industrial customers · Related public statement

Equinix wanted customers notified and allowed to verify or correct the information PJM would use. Industrial customers also requested an appeal and safeguards for commercial data.

PDF p. 17, ¶38

Give customers a chance to correct errors

Equinix and PJM industrial customers · Direct response

Equinix wanted customers notified and allowed to verify or correct the information PJM would use. Industrial customers also requested an appeal and safeguards for commercial data.

PDF p. 17, ¶38

Exit charges

The transmission owners dispute who can impose an exit charge

Indicated PJM Transmission Owners · Related public statement

The owners argued that FERC should reject the original exit amendment on cost-causation grounds and that their agreement reserved the relevant filing right to them. Their rehearing request concerned the earlier wording.

PDF pp. 5–8

Constellation asks who benefits when an owner leaves

Constellation Energy Generation · Related public statement

Constellation asked FERC to clarify that it had not assigned the departing owner’s share to suppliers by default. In its view an exiting owner, rather than captive customers, should bear exit costs it causes.

PDF pp. 16–17

Federal and state authority

See wants states to retain authority over retail service

Commissioner Lindsay See · Direct response

See said the federal changes should give states better information about wholesale costs so they could carry out their own affordability duties. She cautioned against using federal tariff reform to override state decisions.

PDF pp. 77–79, See concurrence

Chang asks for evidence before narrowing the states’ role

Commissioner Judy Chang · Direct response

Chang supported developing a regional record. She welcomed evidence from state regulators on possible jurisdictional problems and distinguished the narrower preliminary findings from the broader federal authority contemplated in the national rulemaking.

PDF pp. 109–110, Chang concurrence

Filing deadlines

AMP wanted an enforceable route back to the show cause case

American Municipal Power · Related public statement

AMP opposed an unconditional delay and asked FERC to require a compliance filing. The order says FERC would return to the section 206 case for any preliminary finding MISO’s tariff filings did not address.

Discussion of AMP’s protest and Commission determination (unpaginated)

Why SPP asked for five more days than other operators

Southwest Power Pool · Related public statement

SPP told FERC its board meeting had moved because of the elections. The revised November 17 vote made a November 16 filing impractical; FERC granted a November 20 response date.

SPP motion and Commission determination (unpaginated)

Forecast risk

Update the need when a project drops out

Organization of PJM States · Related public statement

OPSI asked PJM to remove withdrawn large projects when setting the procurement target. Otherwise existing customers could pay for generation to meet demand that no longer exists.

PDF pp. 3–4, original August 21 comments

Should the original forecast bind even if load never arrives?

Amazon and Northern Virginia Electric Cooperative · Related public statement

Amazon argued that immutable shares would diverge from actual demand as projects changed. NOVEC asked why PJM considered a single snapshot appropriate.

PDF p. 40, responsive pleadings

Update the need when a project drops out

Organization of PJM States · Direct response

OPSI asked PJM to remove withdrawn large projects when setting the procurement target. Otherwise existing customers could pay for generation to meet demand that no longer exists.

PDF pp. 3–4, original August 21 comments

Should the original forecast bind even if load never arrives?

Amazon and Northern Virginia Electric Cooperative · Direct response

Amazon argued that immutable shares would diverge from actual demand as projects changed. NOVEC asked why PJM considered a single snapshot appropriate.

PDF p. 40, responsive pleadings

Illinois supports a one-time buy, with conditions

Illinois Commerce Commission · Direct response

The ICC supported a one-time supplemental purchase but wanted protection against forecast error, data for state regulators and no new obligations on states. It warned that a modest percentage error in a larger forecast could mean paying for substantial unneeded capacity.

PDF pp. 1–2, 4, 6–7

Generator access

Google backs co-study but wants safeguards for independent bids

Google · Direct response

Google supported studying loads and generators together but questioned the separate assumptions used in the ordinary queue. It wanted cost protections and a way for independent generators to participate without discrimination by the serving utility.

PDF pp. 2–3, 6–9

MISO says independent generators can negotiate before applying

Midcontinent Independent System Operator · Direct response

MISO said the transmission customer submits an application for an already matched pair. It argued that an independent generator remains free to bring a proposal to that customer before the application, and that the eligibility rules are nondiscretionary.

PDF pp. 20–22

Eolian wants nearby generation considered for permanent service

Eolian · Direct response

Eolian sought clarification that generation located electrically close to a large load could qualify for permanent limited service if it could constrain grid withdrawals over the long term. FERC dismissed the request because the preliminary order was not final.

Eolian request and FERC discussion (unpaginated)

Eolian wants nearby generation considered for permanent service

Eolian · Direct response

Eolian sought clarification that generation located electrically close to a large load could qualify for permanent limited service if it could constrain grid withdrawals over the long term. FERC dismissed the request because the preliminary order was not final.

Eolian request and FERC discussion (unpaginated)

Eolian wants nearby generation considered for permanent service

Eolian · Direct response

Eolian sought clarification that generation located electrically close to a large load could qualify for permanent limited service if it could constrain grid withdrawals over the long term. FERC dismissed the request because the preliminary order was not final.

Eolian request and FERC discussion (unpaginated)

Eolian wants nearby generation considered for permanent service

Eolian · Direct response

Eolian sought clarification that generation located electrically close to a large load could qualify for permanent limited service if it could constrain grid withdrawals over the long term. FERC dismissed the request because the preliminary order was not final.

Eolian request and FERC discussion (unpaginated)

State regulators want the export limit to work on the grid as well as on paper

Organization of MISO States · Direct response

OMS conditionally supported the zero-injection agreement. It wanted enforceable limits on a generator exporting power and asked MISO to explain how paired loads and generators would count in capacity and reliability calculations during outages.

PDF pp. 3–5, 9

Governance

LaCerte points to gridlock in PJM’s stakeholder process

Commissioner David LaCerte · Related public statement

At WIRES on July 9, LaCerte said PJM’s stakeholder process too often protected individual business interests and prevented agreement. He was discussing governance months before the members voted, not evaluating their final term sheet.

July 9 WIRES keynote, 00:40:00

Load forecasting

How does a new load forecast change the capacity purchase?

Chairman Laura Swett · Related public statement

Swett asked the October reliability panel how to model the scale and operating patterns of large loads. She pointed out that the forecast determines how much generation is procured and therefore influences market prices.

October 21 reliability conference, 00:45:35

Market effects

Existing generators may gain from the rejection

Jefferies analysts, quoted by Utility Dive · Direct response

Jefferies saw the rejection of interim service as favorable to existing independent generators. That was an analyst assessment of market effects, separate from the commission’s reasons for its decision.

Ethan Howland, October 12, analyst reaction

Municipal utilities

AMP distinguishes local load from regional growth

American Municipal Power · Related public statement

AMP asked FERC to protect systems that did not cause the new demand. It also disputed the suggestion that the forecast table excluded projects PJM had actually counted.

PDF pp. 7, 15

Offsets

West Virginia warns restrictive offsets could drive an overbuy

Public Service Commission of West Virginia · Related public statement

The West Virginia commission warned that complex rules could discourage participants from reporting qualifying capacity. That would make the final purchase larger than necessary.

PDF pp. 2–4, bilateral matching and offsets

DOE wanted individual loads identified before allocation

U.S. Department of Energy · Related public statement

DOE wanted a mandatory way to identify the large load driving additional procurement and give it a chance to build, bring or buy capacity. It questioned whether the proposed two-year lookback would capture the relevant projects.

PDF pp. 6–7

West Virginia warns restrictive offsets could drive an overbuy

Public Service Commission of West Virginia · Direct response

The West Virginia commission warned that complex rules could discourage participants from reporting qualifying capacity. That would make the final purchase larger than necessary.

PDF pp. 2–4, bilateral matching and offsets

West Virginia prefers to try buyer-seller matching first

Public Service Commission of West Virginia · Direct response

The commission opposed the original filing in its proposed form and on its proposed timetable. It wanted PJM to learn how much demand would be covered by bilateral contracts before setting a central procurement target.

PDF pp. 1–4

Data centers ask PJM to recognize self-supply

Data Center Coalition · Direct response

The coalition supported offsetting a new load’s own capacity purchases and procurement through bilateral deals. It also wanted backstop costs charged to loads driving the need rather than customers elsewhere.

PDF pp. 3–4

Peak shaving

New Jersey wanted demand-side bids to have room to compete

New Jersey Board of Public Utilities · Related public statement

The New Jersey board sought more flexible terms for demand resources and distributed resource aggregations in the original procurement. This concerned auction eligibility; it did not endorse the later peak-shaving formula.

PDF p. 15, footnote 54

New Jersey wanted demand-side bids to have room to compete

New Jersey Board of Public Utilities · Direct response

The New Jersey board sought more flexible terms for demand resources and distributed resource aggregations in the original procurement. This concerned auction eligibility; it did not endorse the later peak-shaving formula.

PDF p. 15, footnote 54

Planning

How California described its board-approved plan three months later

Elliot Mainzer, CAISO president and CEO, quoted by APPA · Related public statement

The July report scheduled a response for the fall. After the October board action, Mainzer said CAISO expected the proposed rules to improve operational awareness and reduce cost shifts. The board action did not itself change a FERC tariff.

October 28, board action

Project readiness

Utilities say deposits and commitments screen speculative requests

Alliant Energy and Consumers Energy · Direct response

The utilities backed the readiness requirements because a speculative project could occupy one of a limited number of study slots. They argued the joint model could identify cheaper combined upgrades.

PDF pp. 2–3

DTE sees a binding match as evidence of readiness

DTE Electric · Direct response

DTE supported the pairing rules and minimum commitment as evidence of a lasting commercial relationship. It also said the tariff allowed the interconnection customer to participate even though the transmission customer submits the application.

PDF pp. 2–3

Public reporting

Aggregate figures or individual projects?

Rep. Frank Pallone Jr. (New Jersey) · Related public statement

Pallone wanted as much of the registry made public as possible to improve demand forecasts. FERC records his request separately from the states’ requests for protected access. He spoke as a member of Congress.

PDF p. 18, ¶39

Aggregate figures or individual projects?

Rep. Frank Pallone Jr. (New Jersey) · Direct response

Pallone wanted as much of the registry made public as possible to improve demand forecasts. FERC records his request separately from the states’ requests for protected access. He spoke as a member of Congress.

PDF p. 18, ¶39

Queue access

Who gets first claim on spare grid capacity?

American Clean Power Association and Southern Renewable Energy Association · Direct response

The trade associations said studying accelerated projects without other generators already waiting could leave later studies with fewer feasible connections and higher costs. They objected to a permanent parallel route without a cap on total capacity.

PDF pp. 2, 21, 27

Solar developers challenge a utility veto

Solar Energy Industries Association and Advanced Energy United · Direct response

The protesters asked FERC to reject the proposal or clarify that an applicant meeting all published requirements could not lose access at the transmission customer’s discretion.

PDF pp. 1–2, 13

State organization asks for protection of existing queue positions

Organization of MISO States, quoted by Utility Dive · Direct response

OMS warned that a rapid route must not turn into a general substitute for the queue. It asked for safeguards before qualifying pairs could claim transmission capacity ahead of projects already waiting.

October 26, reporting on October 23 ER27-25 comments

Rate credits

SPP acknowledges an omitted West Region rate-sheet item

Southwest Power Pool · Direct response

SPP’s November 10 amendment says the November 6 filing inadvertently omitted Schedule 14 and Incremental Market Efficiency Use revenues on the Upper Missouri rate sheet. It corrected that sheet while retaining the conditional-service proposal.

PDF p. 2

Regional differences

LaCerte urged timely regional answers

Commissioner David LaCerte · Direct response

LaCerte supported the order as a way to identify gaps in large-load tariffs. He expected a timely response with evidence about the region’s own rules, not a final nationwide tariff imposed in June.

PDF pp. 112–114, LaCerte concurrence

Registry access

Ohio wants a seat for consumer advocates

Office of the Ohio Consumers’ Counsel · Related public statement

Ohio’s consumer advocate asked FERC to give state consumer offices the same confidential access available to commissions. Customers need an advocate who can test costs and curtailment decisions, it argued. Its November 9 request challenges the October order. It does not ask PJM to publish customer records.

PDF pp. 14, 18–19

Who can see the customer-level data?

Office of the Ohio Consumers’ Counsel · Direct response

OCC sought rehearing of the October 9 order. It asked FERC to reject the registry unless PJM grants consumer advocates access under confidentiality agreements.

PDF p. 19

Pennsylvania asks to see curtailment data

Pennsylvania Public Utility Commission · Related public statement

Pennsylvania’s commission supported creating a registry but wanted state commissions to have access and wanted PJM to record curtailments. Its comments addressed the proposal before FERC rejected interim curtailment service.

PDF p. 8, section II, Large Load Registry

States need usable records to set retail rules

Organization of PJM States · Related public statement

OPSI wanted meaningful state access to the registry to set retail curtailment rules and allocate costs. Its September comments distinguish the registry, which it supported, from the compensation mechanism it challenged.

PDF p. 7, section I.D

Pennsylvania asks to see curtailment data

Pennsylvania Public Utility Commission · Direct response

Pennsylvania’s commission supported creating a registry but wanted state commissions to have access and wanted PJM to record curtailments. Its comments addressed the proposal before FERC rejected interim curtailment service.

PDF p. 8, section II, Large Load Registry

States need usable records to set retail rules

Organization of PJM States · Direct response

OPSI wanted meaningful state access to the registry to set retail curtailment rules and allocate costs. Its September comments distinguish the registry, which it supported, from the compensation mechanism it challenged.

PDF p. 7, section I.D

States supported the registry while challenging a different payment rule

Organization of PJM States · Related public statement

OPSI supported the registry because states need verified data to allocate retail costs and decide how to curtail load. Its separate objection concerned automatically compensating curtailed projects. Three commissions abstained on the combined comments; that is not a vote against the registry.

PDF pp. 1, 7–10, footnote 2 and sections I.D–III

Registry scope

Google asked FERC to separate the registry from mandatory interim service

Google · Direct response

FERC records Google’s request to accept the registry on its own. Google argued that getting better large-load data need not depend on approval of PJM’s wider curtailment and compensation design.

PDF p. 16, ¶36, citing Google protest pp. 3, 18

A separate registry was one remedy Google had sought

Google · Related public statement

In the original proceeding Google argued that FERC could accept the registry without accepting the remaining interim-service terms. This predates PJM’s compliance filing implementing that separation.

PDF p. 16, ¶36, citing Google protest pp. 3, 18

Reliability

A registry cannot tell an operator what just tripped

Independent Market Monitor for PJM · Related public statement

The market monitor distinguished enrollment data from real-time telemetry. It said PJM had not shown how it would measure an actual reduction in the proposed interim service.

PDF p. 18, ¶40

A registry cannot tell an operator what just tripped

Independent Market Monitor for PJM · Direct response

The market monitor distinguished enrollment data from real-time telemetry. It said PJM had not shown how it would measure an actual reduction in the proposed interim service.

PDF p. 18, ¶40

Reliability standards

Data center operators want the binding standard in the tariff

Data Center Coalition · Direct response

The coalition asked FERC to reject the reliability proposal without prejudice and require substantive standards in the tariff itself. It said future changes should be filed with FERC rather than made outside the tariff.

PDF pp. 4–5

Municipal utilities seek a clear limit on regulated loads

Midwest Transmission Dependent Utilities · Direct response

The utilities said MISO’s answer disclaimed applying the rules to distribution-connected loads but the tariff still did not say so unambiguously. They wanted the tariff to explain how a utility could assign a compliance task to the large load.

PDF p. 2

Mississippi and Arkansas want binding rules filed with FERC

Mississippi and Arkansas Public Service Commissions · Direct response

The two commissions asked FERC to condition acceptance on putting the specific requirements in the tariff. They said MISO could otherwise change costly requirements through business manuals without comparable review. These are not the same signatories as the LARS comments from Mississippi and Louisiana.

PDF pp. 1–2

Reporting costs

Who answers for a supplier’s data?

Southern Maryland Electric Cooperative · Related public statement

The cooperative asked who bears liability when a distributor reports information obtained from another party, how it could recover its compliance costs, and whether the reporting manual would be filed for review.

PDF pp. 16–17, ¶37

Who answers for a supplier’s data?

Southern Maryland Electric Cooperative · Direct response

The cooperative asked who bears liability when a distributor reports information obtained from another party, how it could recover its compliance costs, and whether the reporting manual would be filed for review.

PDF pp. 16–17, ¶37

Resource adequacy

Who decides if a regulated generation solution will go forward?

New York Independent System Operator · Direct response

NYISO explained that if the market and transmission proposals cannot cover a reliability need, it may refer a non-transmission solution to the New York Public Service Commission. The state commission then considers the project and cost recovery. This is NYISO’s description of the process, not a state endorsement of a project.

PDF pp. 7–8

Review timetable

Swett wanted a record FERC could test

Chairman Laura Swett · Related public statement

Swett said the original procurement arrived too late for a deficiency letter or further evidence. She urged a prompt section 205 filing to repair the rejected terms. Her September concurrence did not address the later timetable.

PDF p. 92, Swett concurrence

Swett wanted a record FERC could test

Chairman Laura Swett · Direct response

Swett said the original procurement arrived too late for a deficiency letter or further evidence. She urged a prompt section 205 filing to repair the rejected terms. Her September concurrence did not address the later timetable.

PDF p. 92, Swett concurrence

Seller performance

Who pays after a generator starts operating?

FirstEnergy Service Company · Related public statement

FirstEnergy said the original shortfall charge stopped once a generator reached commercial operation. It questioned whether a seller then had sufficient incentive to perform throughout its 15-year term.

PDF p. 13

State authority

What MISO’s regional report leaves out

Organization of MISO States · Direct response

OMS said the report does not fully reflect state proceedings on resource planning, retail rates and utility approvals because MISO is not a party to those proceedings. It wanted regional planning to complement, rather than displace, state responsibility for adequacy.

PDF pp. 1–3

State participation

States object to members controlling access to FERC

OPSI and PJM Governors’ Collaborative governance negotiating team · Related public statement

Before the vote, the states’ negotiating team opposed the members’ term sheet. The team said the proposed supermajority requirement would let private members decide whether a state proposal received equal consideration at FERC. It preferred a direct route for states to be heard.

PDF p. 1, September 29 letter

New England states back time for regional deliberation

New England States Committee on Electricity · Direct response

NESCOE, the committee representing the six New England states, supported the requested delay. It wanted the states and stakeholders to be able to examine proposed tariff changes through the region’s existing process.

PDF pp. 1–4

Support for more time came with a reservation

Organization of MISO States · Direct response

OMS supported time for a coordinated sequence of filings but said granting abeyance should neither narrow the inquiry nor prejudge that the coming tariff changes would settle every issue.

PDF pp. 2–3, 5

Corporate buyers wanted time to test the California proposal

Corporate Energy Buyers Association · Direct response

CEBA backed the California parties’ requests for 90 more days. It argued that testing proposals with stakeholders before filing could improve their commercial viability and legal durability.

PDF pp. 1–2

Rosner links investment signals to state confidence

Commissioner David Rosner · Related public statement

At the July hearing Rosner told Senator McCormick that market rules can send investment signals, but those signals lose force if states do not trust how prices are set. He wanted states involved in regional planning.

PDF pp. 69–70, printed pp. 65–66

West Virginia declined to join the other commissions on the backstop

Organization of PJM States, recorded member positions · Direct response

OPSI backed a supplemental purchase. Its filing names support from Delaware, D.C., Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee and Virginia commissions. The West Virginia commission did not support the comments. OPSI also wanted to recalculate the target when projects withdrew.

PDF pp. 1–4, footnote 2 and comments

Kentucky, Ohio and Virginia abstained on the IRAS comments

Organization of PJM States, recorded member positions · Direct response

Delaware, D.C., Illinois, Indiana, Maryland, Michigan, New Jersey, North Carolina, Pennsylvania, Tennessee and West Virginia commissions supported OPSI’s comments. Kentucky, Ohio and Virginia commissions abstained. The vote covered the whole filing: OPSI supported a registry but wanted clarification or separate treatment of curtailment compensation.

PDF pp. 1, 7–10, footnote 2 and sections I.D–III

Study design

MISO proposes parallel studies for paired load and generation

Midcontinent Independent System Operator · Related public statement

MISO proposed LARS in a separate section 205 docket. It argued that modeling a matched pair could identify upgrades for the combination instead of each project separately. This was one proposed response to the June concerns, not a final decision on the full show cause case.

PDF pp. 2–3, 15

Study time

Two state commissions back the parallel study

Mississippi and Louisiana Public Service Commissions · Direct response

The commissions backed a 120-day joint study. They said studying the load and its generator together could avoid duplicating network upgrades; the limit of ten pairs per period made it manageable. They wanted a permanent process so projects could plan and finance construction.

PDF pp. 2–3

Arkansas signs on to the Southern regulators’ case

Arkansas Public Service Commission · Direct response

Arkansas expressly agreed with the Mississippi and Louisiana commissions’ comments and asked FERC to accept MISO’s tariff changes. It did not offer its own numerical estimate of costs or queue delays.

Comments of the Arkansas PSC, concluding paragraph (unpaginated)

Entergy and Cleco contrast 120 days with years in the regular queue

Entergy and Cleco · Direct response

The utilities said some ordinary MISO study cycles had taken four years or more. They supported the 120-day path and argued that its cap of ten load-generator pairs per study period would keep it workable.

PDF pp. 2–3, 5

Threshold

Bloom proposes 50 MW without delaying the filing

Bloom Energy · Direct response

Bloom backed the study but challenged its 200 MW entry threshold. It proposed letting transmission-connected loads of at least 50 MW participate and asked FERC not to delay the requested start date.

PDF pp. 1, 4–5

MISO defends a higher entry threshold

Midcontinent Independent System Operator · Direct response

MISO defended 200 MW based on its experience with large-load studies. It said modeling the load and several associated plants together offered the largest potential savings where loads and upgrades were especially large.

PDF pp. 23–24

Transmission ownership

Tribal transmission owner says it has no end-use customers

Morongo Transmission LLC · Direct response

Morongo said it leases transmission capacity and receives revenue through CAISO’s access charge. Because it serves no end-use customers, it argued that its own tariff needed no amendment. It still intended to participate in the proceeding.

PDF pp. 1–3

Six municipal owners and WAPA distinguished themselves from investor-owned utilities

Six Cities and Western Area Power Administration · Related public statement

These public owners committed to coordinate with CAISO and file changes if necessary. FERC rescinded the show cause order as to them; the other California respondents remained in the case.

Commission determination on Six Cities and WAPA (unpaginated)

Upgrade costs

A parallel queue can promise the same grid capacity twice

Clean Energy Advocates · Direct response

The advocates warned that two study tracks using different assumptions could count the same unused transmission capacity twice. They challenged assigning upgrade costs to existing customers based on agreements whose terms FERC had not seen.

PDF p. 18

Who pays

Rosner would charge zones with data center growth

Commissioner David Rosner · Related public statement

Rosner supported directing costs to zones whose data center growth drove the shortfall. He called on states to set retail tariffs, enforce collateral and decide curtailment priorities. He wanted a return to ordinary hedging and capacity procurement after the backstop.

PDF p. 93, Rosner concurrence

See wanted the forecast tied to the bill

Commissioner Lindsay See · Related public statement

See wanted dependable generation quickly but said the first proposal left existing customers exposed. Better evidence about which projects will actually connect should guide who pays for the resulting capacity.

PDF p. 94, See concurrence

LaCerte tied speed to ratepayer protection

Commissioner David LaCerte · Related public statement

LaCerte urged PJM to refile promptly rather than wait for more briefs. He said new loads should pay for the capacity they require and cited the commitment to build, bring or buy that capacity.

PDF pp. 96–97, LaCerte concurrence

Ohio wants charges to reach the customers responsible

Office of the Ohio Consumers’ Counsel · Related public statement

On rehearing of the September order, OCC argued that households should not pay to cover a shortfall caused by data centers. It separately questioned FERC’s decision to allow sellers to receive their own bid prices.

PDF pp. 15, 21–23

NOVEC disputes attributing the whole shortage to large loads

Northern Virginia Electric Cooperative · Related public statement

NOVEC identified causes of the capacity shortage besides growth in large loads. It preferred voluntary subscription, with interruptible service for a customer that declined. It is a cooperative, not the Virginia regulator.

PDF pp. 3–5, 16

Rosner would charge zones with data center growth

Commissioner David Rosner · Direct response

Rosner supported directing costs to zones whose data center growth drove the shortfall. He called on states to set retail tariffs, enforce collateral and decide curtailment priorities. He wanted a return to ordinary hedging and capacity procurement after the backstop.

PDF p. 93, Rosner concurrence

See wanted the forecast tied to the bill

Commissioner Lindsay See · Direct response

See wanted dependable generation quickly but said the first proposal left existing customers exposed. Better evidence about which projects will actually connect should guide who pays for the resulting capacity.

PDF p. 94, See concurrence

LaCerte tied speed to ratepayer protection

Commissioner David LaCerte · Direct response

LaCerte urged PJM to refile promptly rather than wait for more briefs. He said new loads should pay for the capacity they require and cited the commitment to build, bring or buy that capacity.

PDF pp. 96–97, LaCerte concurrence

Pennsylvania’s consumer advocate challenges state-set wholesale obligations

Pennsylvania Office of Consumer Advocate · Direct response

The office argued that PJM was asking states to determine the shares suppliers would owe under a wholesale rate. It asked FERC to reject that design or explain how the new allocation would respect the line between state and federal authority.

PDF pp. 3–5

Who sets a supplier’s share before the bill reaches retail customers?

Pennsylvania Office of Consumer Advocate · Related public statement

Pennsylvania’s consumer advocate objected to relying on states to determine wholesale obligations in the original July proposal. The distinction between a wholesale supplier’s share and retail cost recovery remained relevant when PJM refiled.

PDF pp. 3–5

Ohio’s federal energy advocate favored a state role in retail allocation

Office of the Federal Energy Advocate, Public Utilities Commission of Ohio · Direct response

FERC records support from the PUCO office for allowing states to determine the allocation to large loads. This is a different office and a different issue from the Ohio Consumers’ Counsel request for confidential registry access.

PDF p. 47, responsive pleadings, citing Ohio FEA comments p. 4