The Federal Energy Regulatory Commission ("FERC") recently issued two notable reliability orders regarding the Compliance Registry.
FERC issued two orders addressing appeals of registration determinations made by the North American Electric Reliability Corporation ("NERC"). The first order denied the appeal of the City of Holland, Michigan Board of Public Works ("Holland") and the second granted the appeal of the US Department of Energy, Portsmouth/Paducah Project Office ("DOE Portsmouth"). Although the orders are split, they provide useful guidance regarding FERC's handling of challenges to NERC's registration determinations. In addition, the dissent in Holland highlights the still unresolved question of how to differentiate between transmission and local distribution under Section 215 of the Federal Power Act ("FPA").