Legalectric

Those in transmission will testify that for a LONG time I’ve been saying “MISO IS NOT THE DECIDER!” And yes, I’m shouting, because the Minnesota Public Utilities Commission is abdicating their role and allowing utilities to use “MISO approval” as a demonstration of need for a transmission project.

As we say in transmission, “It’s all connected.”

Yesterday, I received word of a FERC decision and more importantly, a “Statement” of the Chair’s Concurrence about system operators and “regional plans” versus state authority:

HERE ‘TIS IF YOU DON’T FEEL LIKE SCROLLING DOWN

The decision dismissed PJM’s request for a waiver of a deadline to address costs, and FERC rejected argument for more time:

The Chair’s Concurrence is the crucial and most interesting part — which FERC did not address in dismissing the Petition. The Concurrence weighs in on filings claiming that inclusion of a project in a regional transmission plan pre-empts a state’s permitting process and power:

Granted a claim of pre-emption is a step beyond a utility offering inclusion in a regional transmission plan and a state Commission rolling over to a utilities wish…

As I’ve said repeatedly, a utilities desire is NOT need!

So let’s get local. Here’s an example of misuse of MISO “approval,” keeping in mind that MISO is a marketing organization of utilities and transmission owners. The notion of MISO “approval” is a leading characterization, found in many applications, for example, Xcel’s “Mankato-Mississippi” 345kV line now in permitting )”need” Reply Comments are due Friday). In the intro to that Mankato-Mississippi f/k/a Wilmarth – N Rochester – Tremval Application, the “Summary of Need Analysis” on page 48:

On p. 62-63, more of MISO‘s dream:

And in the section on need, “Xcel’s Need Analysis” was based on MISOs “analysis” — p. 68:

Again, it’s all about MISO and transmission buildout, despite peak demand falling, falling, falling, yet to rise to the record peak in 2006. Where’s the need? It’s all about economics, again, MISO is all about marketing – and check out the view of this transmission build-out per MISO’s Independent Monitor.

The big picture plan:

Here’s what MISO claims the benefits are, page 60 of application, the benefits accruing to MISO MEMBERS, not the public, not the ratepayers. For building transmission, MISO members get a good ROI plus they then charge for transmission services, a new revenue stream.

Here’s the short version, the Concurrence only, from FERC:

And the ENTIRE FERC Order, well worth a read: