News October–December 2006
News Release: October 31, 2006 | View Printable PDF Version |
Docket Nos. ER04-157 and ER04-714 |
Commission authorizes incentive rates for New England
transmission expansion
The Federal Energy Regulatory Commission in a majority decision today
authorized a return on equity for the owners of the ISO New England transmission
grid, including an incentive rate to encourage badly needed transmission
expansion and ensure
grid reliability in the New England region.
"Our order shows that the Commission recognizes the need to strengthen the New
England interstate transmission grid, in order to assure reliability and relieve
congestion that results in higher prices for consumers. Our approach today is
fully consistent with
the Energy Policy Act of 2005, and the transmission pricing reform final rule
the
Commission approved unanimously only three months ago," stated Commission
Chairman Joseph T. Kelliher.
Today's order affirms in part, and reverses in part, a May 2005 Initial Decision
by
a Commission administrative law judge. The order largely affirms the judge's
findings supporting the calculation of the base-level return on equity. However,
the order reverses
the judge's findings regarding the need and reach of the 100 basis points incentive.
The
Commission rejected the judge's reliance on a "but for" test for transmission
incentives, an analytical approach that was also specifically rejected in the
Commission's
transmission pricing reform final rule, approved unanimously in July 2006. The
Commission concluded there is a sufficient link between the cost of the return
on equity
incentive and the benefits that will be derived. "There is an undisputed need
for the
projects," the Commission said noting evidence from ISO New England's 2004 regional
transmission planning process.
The Commission first found that the incentive was appropriate because it will
assist ISO New England in bringing need transmission projects on line in a timely
fashion. The Commission next found that the incentive should apply "to all projects
identified as necessary by ISO New England in its regional planning process."
The Commission noted that its transmission incentive policy "is to promote the
development and maintenance of a healthy transmission infrastructure, including
the promotion of all transmission projects designed to provide efficient, reliable,
and nondiscriminatory
transmission service."
The order relied on the Commission's authority under section 205 of the Federal
Power Act, not the transmission pricing reform final rule. Section 205 gives
the Commission broad authority to grant incentives for greater investment where
need has
been demonstrated. Consistent with previous orders, the incentive rate approved
by the Commission must remain bounded within the range of reasonableness. The
Commission
concluded that the return on equity falls within that range with the additional
100 basis
points. The Commission's authority to grant transmission incentives in New England
under section 205 was recently affirmed by the courts.
The Commission noted that ratepayers will benefit because the present insufficient
New England grid network leads to congestion costs and reliability issues, including
involuntary load shedding. Completion of the transmission projects should help
in
minimizing these costs, the Commission said.
When setting the incentive rate, the Commission first determined that a base-level
return on equity of 10.2 percent was appropriate, based on a proxy group made
up of northeast utility companies. The Commission next found that this base-level
return
should be adjusted by:
- 50 basis points, or one-half percent, (as reflected in a prior order), in return for the transmission owners' voluntary agreement to transfer the operational control over their facilities to ISO New England;
- 100 basis points, or 1 percent, as an incentive to encourage transmission expansion in the New England region; and
- 74 basis points reflecting updated bond data (an adjustment limited to a prospective application commencing with the date of the Commission's order).
The resulting returns on equity are 11.7 percent covering the initial rate effective
date (February 1, 2005), until now, and 12.4 percent going forward.
The New England transmission owners are Bangor Hydro Electric Co., Central
Maine Power Co., NSTAR Electric & Gas Corp., New England Power Co., Northeast
Utilities Service Co., United Illuminating Co., Vermont Electric Power Co., Green
Mountain Power Corporation, Central Vermont Public Service Corporation, Florida
Power & Light Company - New England Division, Unitil Energy Systems, and Fitchburg
Gas and Electric Light Company.
R-06-69
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