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NERC Files Request for Clarification or Rehearing of FERC Order Denying Cedar Creek and Milford Appeals

On July 18, 2011, in Docket Nos. RC11-1 and RC11-2, NERC submitted a request for clarification, or in the alternative, rehearing of FERC’s June 16, 2011 Order that had denied appeals by Cedar Creek Wind Energy LLC (“Cedar Creek”) and Milford Wind Corridor Phase I (“Milford”) of NERC registration decisions.  FERC’s June 16 Order had provided minimum lists of TO and TOP Reliability Standards and associated directives that would apply to Cedar Creek and Milford.  In its filing, NERC seeks clarification that the lists of TO and TOP Reliability standards and associated directives are not intended to prejudge or dictate the outcome for: (a) NERC Project 2010-07, which is intended to provide clarity to Generator Owners (“GO”) and Generator Operators (“GOPs”) regarding their obligations at the grid interface; or (b) the Reliability Standards and requirements that should apply to Cedar Creek and Milford in advance of the Commission-ordered negotiations.  In the alternative, if FERC does not grant such clarification, NERC states that it seeks rehearing of FERC’s June 16 Order as violating section 215(d) of the Federal Power Act and Commission precedent because it “impermissibly prejudge[s] issues pending in NERC’s standards development process and Commission-ordered negotiations….”  To view NERC’s filing, click here.