News
April-June 2004
News Release: June 17, 2004 | ![]() |
Docket Numbers: ER03-262-009, et al. |
FERC Approves Settlement and Initial Decision, Actions
Clear the Way for AEP to Join PJM
The Federal Energy Regulatory Commission today approved a contested
settlement between PJM Interconnection (PJM), American Electric
Power Service Corporation (AEP) and the Public Service Commission
of Kentucky stating that the settlement represents "a reasonable
resolution of the complex matters" relating to the laws, rules
and regulations of Kentucky, and their operation to allow for
AEP's Kentucky operating company to transfer operational control
of its transmission assets to PJM.
In approving the settlement, the Commission said that the agreement
does not change FERC's authority or that of the Kentucky Commission.
Other terms agreed to in the settlement include the following:
PJM's market operations are such that AEP's purchases and sales
of capacity and energy in PJM's energy markets are voluntary;
and, PJM is required to provide information and give due consideration
to the finding of the Kentucky Commission and other state commissions
within the PJM region for determining appropriate reserve margins
necessary to maintain safe and reliable service. In addition,
PJM will not direct AEP to curtail retail customers of any AEP
operating company and PJM will not direct AEP to curtail load
in any AEP state jurisdiction for a transmission system emergency
unless PJM has exercised all other available options.
In a separate order, the Commission affirmed an administrative
law judge's decision and ruled that under a federal law, the Commission
may allow AEP to transfer its transmission facilities to PJM's
control over the objections of the Commonwealth of Virginia. This
decision clears the way for AEP to integrate into the PJM regional
transmission organization (RTO) by October 1, 2004.
Under section 205 (a) of the Public Utility Regulatory Policies
Act of 1978 (PURPA), the Commission can exempt utilities from
state laws, rules or regulations that prohibit or prevent the
voluntary coordination of electric utilities for the economic
R-04-20 (more) (2) utilization of their facilities and resources.
In March 2000, the Commission approved the merger of AEP with
Central and Southwest Corporation (CSW), on condition that AEP
transfer operational control of its transmission facilities to
a Commission-approved RTO. AEP agreed to that condition. Last
year, the Commission made preliminary findings that AEP's voluntary
commitment to join PJM was further designed to obtain economic
utilization of facilities and resources in the Midwest and Mid-Atlantic
regions, and set the matter of AEP joining PJM for hearing.
In March 2004, the presiding judge found that in this case, the
applicable criteria of PURPA section 205(a) were met. The criteria
are: (1) AEP's voluntary commitment to join PJM was an economic
use of facilities and resources; (2) the laws, rules and regulations
of Virginia and Kentucky were preventing AEP from fulfilling both
its voluntary 1999 commitment as part of merger proceedings and
its application to join a RTO under Order No. 2000; and, (3) Virginia
and Kentucky's laws do not fall within the statute's exception
to PURPA's exemption authority.
The Commission agreed with the judge's rulings. It further noted
that it was resolving conflicting state positions. In particular,
other states that are served by AEP support AEP's integration
into PJM, while Virginia still does not. The Commission said that
it is required to reconcile these state interests as it also seeks
to fulfill its mandate under the FPA to ensure just and reasonable
rates, terms, and conditions of service, and under PURPA to facilitate
the voluntary coordination of utilities to enable the economic
utilization of their facilities on a region-wide basis.
Today's action will provide AEP, PJM and their customers with
greater certainty and keep the integration of AEP-East into PJM
by October 1, 2004 on schedule. In 1999, the Commission issued
Order No. 2000, which called for the voluntary development of
RTOs. Broad, independent regionally operated transmission grids
enhance the benefits of competitive electricity markets, the Commission
said, by improving efficiencies in grid management and reliability,
removing opportunities for discriminatory transmission practices
and improving market performance.
R-04-20
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