United States: FERC Seeks Comment On Broad Reforms To Electric Transmission Incentives Policies

Last Updated: April 8 2019
Article by Brendan H. Connors and F. Alvin Taylor Jr.

Brendan Connors is an Associate and F. Alvin Taylor Jr is a Partner in the Washington D.C. office

On March 21, 2019, the Federal Energy Regulatory Commission (FERC) issued a  Notice of Inquiry (NOI) seeking comment on possibly broad reforms to the scope and implementation of its electric transmission incentives regulations and policy under Section 1241 of the Energy Policy Act of 2005 (EPAct 2005), codified as Section 219 of the Federal Power Act (FPA), 16 U.S.C. § 824s.

Section 219 directed FERC to use transmission incentives to help ensure grid reliability and diminish the cost of delivered electric power by reducing transmission congestion. It also required FERC to use its incentives policy to promote capital investment in transmission facilities, provide a rate of return on equity (ROE) that attracts new investment in such facilities, encourage deployment of improved technologies at the facilities, incentivize utilities to join regional transmission organizations (RTO) and independent system operators (ISO), and allow utilities to recover certain prudently incurred costs associated with transmission projects.

In 2006, FERC implemented this provision by issuing Orders 679 and 697-A, which set the Commission's basic approach to transmission incentives by requiring that applicants establish a "nexus" between the incentive sought and the investment being made by the applicant, on a case-by-case basis. The Commission also identified a series of incentives that would be available, including:

  • adders to a utility's base ROE for adopting certain actions, like joining an RTO or ISO, forming a transmission-only company, or to compensate for the "risks and challenges" of a specific transmission project;
  • an "abandoned plant incentive" to compensate for prudently incurrent costs arising from plant construction projects having been abandoned and/or canceled due to factors outside of a utility's control;
  • inclusion of 100 percent of "construction work in progress" (CWIP)-related costs in a utility's rate base;
  • an incentive for hypothetical capital structures;
  • accelerated depreciation for rate recovery; and
  • a "regulatory asset incentive" allowing for recovery of prudently incurred pre-commercial operations costs as an expense or through a regulatory asset.

FERC later refined this approach in a 2012 policy statement, in which it provided additional guidance regarding Order 679 and its evaluation of transmission incentives applications.

With this most recent NOI, FERC is asking for commentary from stakeholders on required updates to its transmission incentives policy in light of significant developments in the electricity transmission arena and in various incentives proceedings before the Commission since it issued Orders 679/679-A and its 2012 policy statement.

FERC shapes the NOI as a series of questions, grouped into subject matter sections, seeking comment on the following areas:

  • Incentive Policy Approach, including whether FERC should retain the "nexus" and "risks and challenges" framework in evaluating incentive applications, or whether it should do based on expected transmission project benefits or certain project characteristics, like those located in regions with persistent needs, interregional projects, or projects that unlock constrained resources;
  • Incentive Objectives, including whether FERC should favor incentive applications for transmission projects based on their supposed reliability benefits, economic efficiency benefits, persistent geographic needs, flexibility characteristics, physical and/or cyber security advantages, resiliency benefits, and/or employment of advanced technologies;
  • Existing Incentives, including whether incentives concerning transmission-only companies, RTO/ISO participation, hypothetical capital structures, regulatory assets, CWIP, abandoned plants, and accelerated depreciation should be retained;
  • Mechanics and Implementation, including whether the Commission should limit the duration of incentives, whether it should continue to grant incentives on a case-by-case basis, whether it should consider the interrelationship between different requested incentives, and whether it should retain discretion to limit the appropriate level of ROE incentives or whether it should have pre-determined ranges;
  • Metrics, including whether the Commission should require incentive recipients to provide it more data to determine the efficacy of provided incentives;
  • Miscellaneous Matters, including whether it should grant incentives to promote joint ownership of transmission projects between public and non-public utilities and to assist non-incumbent transmission developers compete with existing transmission owners.

FERC is evidently considering material changes to its incentives policies, which could have significant consequences for affected utilities and market participants who are involved in, or are considering involvement, in electric transmission projects. Public comments will be due 90 days after the NOI's publication in the Federal Register, and reply comments 120 days after publication.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions