FERC Filings

Motion for Leave to Intervene Out of Time of EPSA re: The New PJM Companies, American Electric Power Co. and Central and South West Corp.

Nature of Proceeding

On November 25, 2003, the Commission issued an order pursuant to § 203(b) of the Federal Power Act (FPA) and § 205(a) of the Public Utility Regulatory Policies Act (PURPA) that, among other things, directed the American Electric Power Company (AEP) to “fulfill its voluntary commitment to join a Regional Transmission Organization (RTO), namely PJM Interconnection, LLC (PJM).” (November 25 Order). The Commission made preliminary findings that: (1) AEP’s voluntary commitment to join PJM is designed to obtain economical utilization of facilities and resources in the Midwest and Mid-Atlantic areas in accordance with Section 205 (a) of PURPA; (2) the laws, rules, or regulations of Virginia and Kentucky are preventing AEP from fulfilling the voluntary commitment it made in 1999 to join an RTO as part of the merger proceedings and its application to join an RTO pursuant to Order No. 2000; and (3) provisions of Kentucky and Virginia law or rule or regulation are neither (i) required by any authority of Federal Law or (ii) are designed to protect public health, safety, or welfare, or the environment or conserve energy or are designed to mitigate the effects of emergencies resulting from fuel shortages, such that the Commission may exempt AEP from those provisions of Kentucky and Virginia law or rule or regulation .

The Commission set these preliminary findings for public hearing.

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