Ill. Commerce Commission v. Fed. Energy Regulatory Commission

Federal 7th Circuit Court
Civil Court
Administrative Law
Case Number: 
No. 11-3421 et al. Cons.
Decision Date: 
June 7, 2013
Federal District: 
Petition for Review, Orders of Federal Regulatory Commission
Petition granted and denied in part.
Record contained sufficient evidence to support FERC orders granting request by Midwest Independent Transmission Systems Operator (MISO) to construct series of multi-value projects involving power generated from wind farms, as well as to upgrade its power grid and to impose tariff on price of wholesale electricity that it sells to its members to pay for such improvements, where said tariff was based on each member’s share of region’s total wholesale consumption of electricity. Ct. rejected objections by certain Illinois members that: (1) FERC approved certain multi-value projects that failed to accurately reflect their expected costs and resulted in forcing said members to pay for projects that would only benefit few members; and (2) FERC improperly denied their request to conduct discovery on said issues. Ct. also rejected objections by other members that FERC improperly allocated all costs of multi-value projects to its members and none of said costs to power plants that generated electricity. FERC erred, though, in prohibiting MISO from adding instant tariff surcharge to cost of electricity transmitted to PJM power grid that adjoined MISO power grid where FERC order was premised on outdated irregular border between both power grids.