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Fh:RC must adopt enforceable protective conditions on the market-based rare <br />authorizations of specific public unlit}' sellers. Such conditions should include <br />the imposition oh cost-based rates and conditions circumscribing the conduct <br />of individual market participants, if such conditions are needed to ensure that <br />~rholesale rates are just and reasonable and nor unduly discriminator~~ or <br />preferential. Reliance on cost-based rates ensures that ~~~holesale rates will <br />remain ~~~ithin a zone of reasonableness. ~~lternativc conditions can also be <br />crafted, but above a11, conditions must be targeted at the specific market <br />po~~~er problems identified in the local area or region, be achievable within <br />a reasonable period oI~ time, and be enforceable by both <br />The abilityof FERC-[egulated FERC and the affected entities. <br />public utilities t0 sell power 8t 'hhe ability of FERGregulated public utilities ro sell po~ti~er at <br />market-based rates under the market-based rates under the FY.-~ is a privilege, not a right. <br />FPA is a privilege, not a right. Iris not [~ ERC's mission to ensure that its market-based rare <br />mgime benefits the sellers (and the Fnancial institutions that <br />ha~~e lent money to them). Instead, FERCs marker-based rare policies must <br />benefit consumers and their cormnunities by ensuring they are charged on1~~ <br />`just and reasonable" rates, as Congress intended ~~~hen it enacted the FY,a. <br />Conclusion <br />PP~1 and its members arc not advocating the dismantling of each of <br />Attie FERGjurisdictional RTOs now in place.:~or are they advocating <br />the formation of additional KTOs. Rather, they seek to reform the <br />existing R~I~Os, so char they operate to benefit elecu-ic consumers (rather <br />than particular industry participants), and employ market mechanisms <br />only as a means to an end (serving electric consumers), and not an end <br />in themselves. In regions without R"1'Os, ~1PPr1 and its members urge <br />polic~~nzakers to recognize important regional differences and to support. <br />initiatives that promise to deliver substantial regional benefits in areas <br />Stich as transmission planning and construction, market monitoring, and <br />O:~SIS administration. FI/RC should also take steps in regions ~~~ithout <br />RTOs to clarify and enforce open access transmission ntles to ensure that <br />FERCjurisdictional transmission providers are indeed carrying out their <br />obligations to transmission custorncrs. Finally, FhRC must revamp its rnarker- <br />based rate polio' to ensure that electric consumers in both RTO and non- <br />RTO regions pay only just and reasonable rates for electric generation. <br />26 Restructuring at the Crossroads: FERC Electric Policy Reconsidered <br />