BILLING CODE 6717-01-P
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Notice to Hold Proceeding in Abeyance
Midcontinent Independent System Operator, Inc.

Docket Nos. EL15-68-003

Otter Tail Power Co.

EL15-36-003

v.

ER16-696-004

Midcontinent Independent System Operator, Inc.

Midcontinent Independent System Operator, Inc.

EL15-68-003
EL15-68-004

Otter Tail Power Co.

EL15-36-003

v.

EL15-36-004

Midcontinent Independent System Operator, Inc.

Midcontinent Independent System Operator, Inc.

ER16-696-004
ER16-696-005
ER18-2513-000

In American Clean Power Ass’n v. FERC, the United States Court of Appeals for
the District of Columbia Circuit remanded to the Commission certain orders1 concerning

Midcontinent Indep. Sys. Operator, Inc., 164 FERC ¶ 61,158 (2018);
Midcontinent Indep. Sys. Operator, Inc., 169 FERC ¶ 61,233 (2019).
transmission owner (TO) Initial Funding2 in the Midcontinent Independent System
Operator, Inc. (MISO) region.3 The American Clean Power remand proceeding is
pending before the Commission.
On June 13, 2024, the Commission issued the Order to Show Cause finding that
the existing open access transmission tariffs of certain regional transmission
organizations and independent system operators, including MISO, appear to be unjust,
unreasonable, and unduly discriminatory or preferential because they include provisions
for transmission owners to unilaterally elect TO Initial Funding.4
Upon consideration, given the common issues raised in the American Clean Power
remand proceeding and the Order to Show Cause proceeding, notice is hereby given that
the American Clean Power remand proceeding is held in abeyance pending the outcome
of the Order to Show Cause proceeding.
Dated: June 13, 2024.
Debbie-Anne A. Reese,
Acting Secretary.

[FR Doc. 2024-13525 Filed: 6/20/2024 8:45 am; Publication Date: 6/21/2024]

Under TO Initial Funding, the transmission owner unilaterally elects to initially
fund the network upgrade capital costs that it incurs to provide interconnection service to
the interconnection customer, and the transmission owner subsequently recovers the
network upgrade capital costs through charges that provide a return on and of these
network upgrade capital costs from the interconnection customer. Midcontinent Indep.
Sys. Operator, Inc., 187 FERC ¶ 61,170, at P 1 n.1 (2024) (Order to Show Cause).
American Clean Power Ass’n v. FERC, 54 F.4th 722, 728 (2022) (American
Clean Power remand proceeding).
4

Order to Show Cause, 187 FERC ¶ 61,170 at P 1.