This webinar will help local government staff and other community stakeholders—such as community-based and environmental justice organizations—better understand FERC and the available pathways for these stakeholders to engage with the agency. Featured speakers will cover the history of FERC, how it functions, and its role in affecting the future of the electricity sector. The webinar will also discuss why community voices are valuable at FERC and how these voices can have the greatest impact.

1. THE FEDERAL ENERGY
REGULATORY COMMISSION
January 24th, 2024
Image Source: FERC
HOW IT FUNCTIONS AND WHY IT
MATTERS FOR COMMUNITIES

2. AGENDA
Welcome, Introduction, and Logistics
Presentation from FERC's Office of Public Participation
Fireside Chat with the City of Dayton about the Value of Engagement
Q&A

3. Jennie Chen
Senior Manager, Clean Energy
World Resources Institute
Amanda Bradshaw, Ph.D.
Energy Markets Manager
Office of Public Participation,
Federal Energy Regulatory
Commission
Joe Rosenthal
Senior Policy Advisor
Office of Public Participation,
Federal Energy Regulatory
Commission
Meg Maloney
Sustainability Manager
City of Dayton, Ohio
SPEAKERS AND PANELISTS

4. REMINDERS
The audience is in listen-only
mode. Feel free to add
questions to the Q&A, and we
will address them at the end of
the webinar.
Source: DepartmentofEnergy, Wind Energy Technologies Office
The recording and slides will be
shared with registrants and
posted on the WRI website.

5. FERC, Electricity Markets, and the Importance of
Community Participation
January 24, 2024
Amanda Bradshaw and Joe Rosenthal
Office of Public Participation

6. Disclaimer
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The views expressed herein are our own, and do not necessarily reflect the views
of the Federal Energy Regulatory Commission, individual Commissioners, or
other Commission staff members. Nothing herein should be viewed as a
prediction or prognostication of how the Commission will act on any matter, nor
will this presentation address any pending matter.

7. • The Federal Energy Regulatory Commission
(FERC) is an independent agency that
regulates key aspects of the electricity,
natural gas, and oil industries
• Comprised of five commissioners
• Mid-size government agency of ~1,566
employees including attorneys, engineers,
economists, biologists and more
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What is FERC?

8. Who is OPP?
• Newly formed office at FERC that supports
and encourages public engagement
• Bringing voices to the table that have lacked
access to FERC or our regulatory processes
• Highlighting relevant market proceedings,
participation opportunities at FERC and at the
RTO/ISO level, and assisting with filing process
• Workshops on issues of public interest and
other educational materials
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9. • Regulates nation-wide wholesaleelectricity markets
• Utilities purchase power from FERC-regulated markets and resell at retail
• Domain over interstate lines (100 KV and higher) vs. distribution (state and local authority)
• Ensures reliability of the grid to prevent power outages and other disruptions
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FERC’s Role in the Electricity Sector

10. What is an RTO? What is an ISO?
• FERC’s solution to shifting the industry
from monopolies to competitive markets
• RTOs/ISOs are the third-party
administrators of markets
• Operate the transmission system in a
particular territory and run electricity
markets in that territory
• The “independence” aspect arises
because utilities “cede” control of their
transmission assets to the RTO/ISO
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1) Market Optimization
2) Resource Adequacy
3) Transmission Planning

11. Where are RTO/ISOs located?
11
About 2/3 of
electric
customers are
served through
RTO/ISOs

12. RTO/ISO and FERC-level ParticipationOpportunities
• Opportunities to shapemarket
policy that can impact your
communitygoals
• At the RTO/ISO level, getting your
ideas and positions in early on is
advantageous
• Once the RTO/ISO submits its
proposal to FERC, the regulatory
clock starts ticking and there are
rules and constraints
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ParticipationOpportunities

13. FPA Section 205 Filing Rights
• Section 205filings allow “utilities”to file with FERC to propose
changes to existing rates, terms, or conditions
• Utilityhastheburdenofproofto showthattheproposalis“justand
reasonable”
• Who can file changes to market rules and tariffs with FERC?
• RTOs generally have filing authority, but specific rights may be
shared with transmission-owning utilities (TOs) and sometimes
states
• RTOs generally have Section 205 filing rights for transmission service
over the lines they operate, while TOs preserve the right to
determine their transmission revenue requirement
• In several multi-state RTO regions, committees of state regulators
have obtained complementary Section 205 filing rights
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14. FPA Section 206 Filing Rights
• Section 206provides a mechanismfor challengingexisting
market practices regulated by FERC
• Anyone affected by the practice in question can file a Section
206 complaint
• FERC can also initiate its own Section 206 review to call into
question a current market practice
• Just as with a Section 205 filing, the burden of proof is on the
filer, in this case the complainant. But here, the burden is much
harder to meet—they must show that the rate, term, or
condition complained of, and previously authorized, is “unjust
and unreasonable.” (Because a broad range of rates, terms, and
conditions might be considered j & r, it is tough to show that the
specific item is outside that range)
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15. FERC’s Public Comment Process
• Consider filing comments
• Allows anyone to have their sayon
new or revised regulations
• Another chance to voice your
perspective – perhaps one that was
not incorporated during RTO/ISO
stakeholder processes
• FERC can only make decisions based
on the “evidence” before it
• All comments are considered
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16. Filing Interventions and Rehearing Requests
• Interventions allow individualsto become participantsina proceeding
and havethe right to request rehearingof Commissionorders
• Is there a downside to intervening?
• Yes. Once you intervene you are subject to the service list requirements.
• 18 CFR 385.2010 requires participantstoserve filingson the service list.
• 18 CFR 385.102 defines “participant” so as to include intervenors but not mere commenters.
• Isthere an upside to intervening?
• Yes,you have the benefits of full participation, including the ability to request rehearing (18
CFR 385.713) and appeal.
• Note: Rehearings have strict rules—file within 30 days, must include a Statement of Issues
• Note that you do not need to intervene in a rulemaking or other policy proceeding.
You may file for rehearing in a rulemaking proceeding without intervening.
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17. • Rulemakingis the policymaking process
for agencies like FERC
• OPP supports constituents with
understanding NOPRs and final rules,
being aware of deadlines, and
understanding how to comment
• Often evolve out of technical conferences
that aim to gather information about a
particular issue or potential policy change
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Regulation as Policymaking

18. Major Market and TransmissionItems at FERC
Promoting transmission development,improving generation processing, and modernizing the grid
• Interconnection Queue Reforms (Order No.2023, FERC Docket No.RM22-14)
• Reduce barriersfor projectsseekingto connect to the transmissiongrid
• Status: Final order issuedin July 2023 – hurray!Andcongratsto FERC staff
• Rehearing requests filed, currently under consideration
• Transmission provider compliance filings due April 2024
• Backstop Transmission Siting Reform (FERC Docket No.RM22-7)
• Revise existing regulationsfor permitsto site interstate electric transmissionfacilities
• Coordinatedeffortbetween Department ofEnergy (DOE) andFERC
• Status: Still in process
• TransmissionPlanning (FERC Docket No. RM21-17)
• Improve long-term transmissionplanning,identify long-term grid needs,and cost allocation
• Status: Still in process
• Facilitating DistributedEnergy Resources (DERs) (Order No. 2222, FERC Docket No.
RM18-9)
• Facilitate market participation of DERs, suchas battery storagesystems androoftopsolar
• Status: RTOs/ISOs making compliance filings and completing implementation
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19. 1. RTO/ISO-level participation is valuable as an early stage before a proposed
project or rule is formally before FERC
2. FERC’s foundational legal framework bolstered by FPA Sections 205 and
206
3. FERC-levelinvolvement in proceedings through submitting comments,
interventions, and rehearing requests
4. FERC rulemakings and technicalconferences contemplate broad policy
changes and offer public participation opportunities
5. Request meetings with FERC Commissioners, Commission staff, and OPP
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ParticipationToolkit: Summary
OPP can help you navigate FERC, locate proceedings of interest, and be aware of
educational materials and participation opportunities

20. FERC Office of Public Participation
Joseph Rosenthal, Senior Policy Advisor
Joseph.Rosenthal@ferc.gov
Amanda Bradshaw, Energy Markets Manager
Amanda.Bradshaw@ferc.gov
Email: OPP@ferc.gov
Phone: (202) 502-6595
Twitter: @FERC_OPP
www.ferc.gov/OPP

21. THANK YOU!
Please reach out to Ian.Goldsmith@wri.org or
Jennie.Chen@wri.org with any questions.