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2.5. ERMUSR 09-11-2012
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2.5. ERMUSR 09-11-2012
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9/10/2012 4:15:04 PM
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- 9 - <br /> Great River Energy and are included in the larger Midwest ISO grid. Elk River does not <br /> own, operate, or control an integrated transmission network and its facilities consist of <br /> limited, discrete pieces of equipment having a transmission-level voltage, such as <br /> breakers and transformers. See, e.g., Black Hills Power, 135 FERC 1[61,058, PP 32, 49 <br /> (granting a waiver to the City of Roseville where Roseville"does not own, operate, or <br /> control an integrated transmission network and [] its facilities consist of limited, discrete <br /> pieces of equipment having a transmission-level voltage (i.e., breakers and <br /> transformers)"). Elk River's participation in the MISO grid does not impact its <br /> qualification for waiver, as Elk River's facilities do not,themselves, form an integrated <br /> transmission grid. See Wabash Valley Power Ass'n, 123 FERC¶ 61,193, P 10 (2008) <br /> (granting waiver where utility"owns only limited and discrete transmission facilities that, <br /> while part of the Midwest ISO operated transmission grid, do not themselves form an <br /> integrated transmission grid"). See also Black Hills Power, 135 FERC¶ 61,058, P 10 <br /> (granting waiver to Muscatine Power& Water despite integration with MISO grid). <br /> A waiver is also warranted because Elk River's facilities are not of themselves <br /> interstate in nature. This contrasts with Cross-Sound Cable, which was denied a waiver <br /> under the limited and discrete standard, and whose facilities physically connect the <br /> markets of multiple states. Id. P 43 ("Cross-Sound Cable, an intertie that connects the <br /> New England and New York markets, cannot qualify as a limited and discrete facility <br /> that does not form an integrated transmission grid"). Elk River's facilities are located in <br /> a handful of substations sited in eastern Minnesota in the Elk River vicinity. In addition, <br /> again, any requests for transmission over Elk River facilities would be directed to MISO, <br /> not to Elk River. Although Elk River's facilities are regularly used by GRE, whose <br />
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