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FERC Issues Order Denying Request for Rehearing and Clarification of Order 713-A


January 21, 2010

On January 21, 2010, FERC issued an order in Docket No. RM08-7-002 denying the NRG Companies, Electric Power Supply Association, and Constellation Energy Commodities Group (collectively, Rehearing Parties) request for rehearing and clarification of FERC Order No. 713-A, in which FERC accepted NERC’s revisions to the transmission loading relief requirements (TLR) in Reliability Standard IRO-006-4.  The Rehearing Parties assert that the TLR Reliability Standard violates the curtailment priorities established in Orders 888 and 890 and the pro forma open access transmission tariff (OATT), because the standard grants curtailment priority to native network load transactions over interchange transactions.  In addition, the Rehearing Parties contend, FERC accepted the Reliability Standard without giving due consideration to the Standard’s impact on competition.  FERC concludes in its order that the concerns raised by the Rehearing Parties regarding a potential conflict between the TLR Procedure and the curtailment priority provisions of the OATT are beyond the scope of this proceeding; however, FERC is issuing a Notice of Inquiry concurrent to this order in Docket No. RM10-9-000 seeking comment on the issues raised by the Rehearing Parties. To view the order, click here.