Document 06Rqz0eVao1Rw9bz6b4RNY5Jb

Message From: Sent: To: Subject: Troutman Sanders LLP [Communications@troutman.com] 6/7/2018 1:32:40 PM Wehrum, Bill [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=33d96ae800cf43a3911d94a7130b6c41-Wehrum, Wil] Washington Energy Report June 7, 2018 Washington Energy Report Complaint Proposes "Clean MOPR" as an Alternatif As Proposals to Address ibsidies in Capacity Markets By Jamoed Perry & Thomas DeVlta on June 6, 20 ............................... POSTED IN MARKET POLICY The Washington Energy Report is a weekly publication written by the Troutman Sanders Federal Energy Regulatory Commission ("FERC") practice that monitors and reports on significant developments in FERC and energy-related matters around the country. On May 31,2018, CPV Power Holdings, L.P., Calpine Corporation, and Eastern Generation, LLC (together, "Complainants") filed a complaint against PJM interconnection, L.L.C. ("PJM"), contending that PJM's Open Access Transmission Tariff ("Tariff') does not prevent the suppression of prices in PJM's Reliability Pricing Model ("RPM") market by resources receiving state subsidies, and that the solutions that PJM had proposed to FERC--"Capacity Repricing" and "Minimum Offer Price Rule ("MOPR")-Ex"--are "inadequate and unjust and unreasonable." The Complainants argued that FERC should instead require PJM to adopt a "Clean MOPR"--meaning a MOPR "applicable to all subsidized resources and without categorical exemptions like those in PJM's MOPR-Ex proposal." Quick Links W a s h in g te n jjin s^ !Am vi^ Troutman Sanders Contacts 202. 274.2926 Skrart-SMtlM 212. 704.6060 Email EsA.EsM 202. 274.2922 Emaa Sierra Club v. EPA 18cv3472 NDCA Tiers 8&9 ED 002061 00180880-00001 By Meghan Mandel & Jasmine Hites on June 6, 2018 POSTED IN NATURAL GAS On May 24, 2018, the U.S. Department of Energy's ("DOE") Inspector General ("IG") released an audit report of FERC's natural gas pipeline certificate process, concluding that DOE "did not find any concerns that called into question the appropriateness of decisions FERC made on natural gas certification applications." The audit, which was conducted between October 2015 to May 2018, asked whether FERC's certification process conformed to relevant laws, regulations, policies, and procedures, including timeliness and stakeholder input. While DOE's IG concluded that FERC generally performed the certification process in accordance with such laws and procedures, DOE's IG also identified certain areas as needing improvement, including process transparency, public access to FERC records, tracking stakeholder comments, and data integrity. Read Nlore 202.274.2814 An ne Da A y 202. 274.2870 202. 274.2886 202. 662.2181 Brandon_Marzo 404. 885.3683 Email SLyL.L.SensAa 202. 274.2850 Email .MyM.Sikora 202. 274.2966 ....................................................................................................................................................................................................................... FERC/I ye that Federal Power Act Does Rot Preempt lliiiois8Zero Emission m By Meghan Handel & Christopher Zentz on June 5, 2~ < POSTED IN NIRKE POUC 503. 290.2310 isM | SUBSCRIBE On May 29, 2018, the U.S. Department of Justice ("DOJ") and FERC argued in a joint brief ("Joint Brief) filed with the U.S. Court of Appeals for the Seventh Circuit ("Seventh Circuit") that Illinois' plan to provide credits to nuclear power plants does not interfere with FERC's authority over wholesale electricity markets. DOJ and FERC filed the Joint Brief in response to the Seventh Circuit's request asking the agencies for their views on whether the Federal Power Act ("FPA") preempts Illinois' zero emission credits program ("Illinois ZEC Program"). In the proceeding at issue, the Seventh Circuit is reviewing an appeal brought by a coalition of independent power producers and Illinois energy consumers ("Petitioners") Sierra Club v. EPA 18cv3472 NDCA Tiers 8&9 ED 002061 00180880-00002 regarding the U.S, District Court for the Northern District of iEEinois ("District Court") ruling that the Illinois ZEC Program as part of Illinois' "Future Energy Jobs Act" was not preempted by the FRA. Under the Illinois ZEC Program, electric distribution companies are required to pay subsidies to state-selected "zero emission facilities," such as nuclear power plants, based on the amount of electricity generated by these qualifying facilities. Petitioners to the Illinois ZEC Program argued that the program affected wholesale power prices and, therefore, was preempted by the FPA. Given that FERC's federal jurisdiction under the FPA was implicated by these arguments, the Seventh Circuit invited the U.S. government to weigh in. Subsequently, the DOJ and FERC filed the Joint Brief to respond specifically to the preemption issue. forward troutman.com f W in 0 Sierra Club v. EPA 18cv3472 NDCA Tiers 8&9 ED 002061 00180880-00003