FERC Filings

EPSA's Protest On the OMS Offer of Proof

The Commission Has the Authority to Reject the Midwest ISO’s Proposed Data Access Provisions

As a threshold matter, in its Offer, the OMS argues that the Commission was statutorily bound to accept the data access provisions originally proposed by the Midwest ISO unless it found those tariff provisions to be unjust and unreasonable, or discriminatory or preferential. In this regard, the Offer’s contention that the Commission’s rejection of §§38.9.4 and 54.3 in the August 6 Order does not contain a “legal standard” is unfounded. The Commission was well within its authority to reject certain provisions in the MISO filing based upon its deviation from the PJM confidentiality provisions it had accepted only two months prior, particularly in the context of the ongoing effort to establish joint and common markets across both RTOs.

Rather than having a binding effect, the Commission would have been required to show (particularly in light of the protests) why it was accepting the MISO provisions when those provisions deviated from the accepted PJM provisions. Accordingly, there is no basis for asserting that the Commission is legally bound to approve the data access provisions originally proposed by the Midwest ISO. The Commission’s rejection of those provisions in favor of confidentiality rules that mirror the relevant sections of the PJM tariff is an entirely valid exercise of Commission authority.

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