Zephyr Wind, LLC
Federal Energy Regulatory Commission
141 FERC ¶ 61,113 (2012)
- Written by Robert Cane, JD
Facts
Zephyr Wind, LLC (Zephyr) (plaintiff) was constructing a wind-powered electric facility in Minnesota. The facility comprised 15 wind turbines for a total of 30 megawatts and a five-mile transmission line for interconnection to the transmission system of Northern States Power Company (Northern). Zephyr and Northern had entered into three power-purchase agreements that allocated all of Zephyr’s electric output to Northern. The facility was Zephyr’s only energy asset. A market-power analysis had recently been submitted by Tuscola Bay Wind, LLC and accepted by FERC that Zephyr used to demonstrate that it passed the pivotal-supplier screen and the whole-market-share screen. Zephyr sought authority from the Federal Energy Regulatory Commission (FERC) to sell wholesale electricity at market-based rates. It also sought a waiver of the Open Access Transmission Tariff (OATT) and Open Access Same-Time Information Systems (OASIS) filing requirements from FERC.
Rule of Law
Issue
Holding and Reasoning ()
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