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FERC Dismisses Complaint Filed by CGNP

On March 18, 2021, in Docket No. EL21-13-000, FERC issued an order denying the Complaint filed by Californians for Green Nuclear Power, Inc. (CGNP) against NERC under EL21-13. The Complaint, filed on October 26, 2020, alleged that (i) Respondents CAISO, CPUC, CSWRCB, and CSLC have violated NERC’s Reliability Standards through the approval of the retirement of the Diablo Canyon Power Plant (DCPP) planned in 2025; and (ii) Respondents NERC and WECC, as the Electric Reliability Organization (ERO) and a Regional Entity, failed to conduct proper oversight or enforce NERC’s Reliability Standards to prevent Reliability Standards violations caused by the retirement of the DCPP in 2025. Notably, FERC ruled that the complaint against, NERC, WECC, and the California state agencies should be dismissed because the Complaint was brought under FPA Section 306. Section 306 only allows complaints against, licensees, transmitting utilities, or public utilities and none of these entities meet that criteria. Furthermore, FERC held that these entities do not have rates (including terms and conditions) on file with the Commission that are subject to the Commission’s jurisdiction under section 206 of the FPA. Additionally, FERC determined that the Complaint does not identify any Reliability Standard that has or will be violated or provide any analysis to support a claim of a violation of a Reliability Standard.

To view FERC’s order, click here.