Chugwater Wind, LLC Seeks Exemption from FERC Regulation as Exempt Wholesale Generator

Strategic Insights -

Chugwater Wind, LLC, a subsidiary of NextEra Energy Resources, LLC, has submitted a notice of self-certification to the Federal Energy Regulatory Commission (FERC) seeking exempt wholesale generator (EWG) status for its proposed 300 MW wind generation facility in Wyoming. The facility will be owned and operated by Chugwater Wind, LLC, a Delaware limited liability company, and will interconnect to the Cheyenne Light, Fuel and Power Company transmission system. As an EWG, Chugwater Wind, LLC will be exempt from certain FERC regulations, including the requirement to obtain a certificate of public convenience and necessity.

Key Takeaways:

  • The proposed Chugwater Wind, LLC facility will be a 300 MW wind generation facility located in Platte and Goshen Counties, Wyoming.
  • The facility will interconnect to the Cheyenne Light, Fuel and Power Company transmission system within the WACM BAA.
  • As an EWG, Chugwater Wind, LLC will be exempt from FERC regulations, including the requirement to obtain a certificate of public convenience and necessity.
  • The facility will be owned and operated by Chugwater Wind, LLC, a Delaware limited liability company, and will engage in wholesale sales of electric energy, capacity, and ancillary services at market-based rates.
  • Chugwater Wind, LLC represents that it will not make sales of power at retail and will not own or operate transmission or distribution facilities other than those necessary to permit the facility to engage in sales at wholesale.
  • The facility will satisfy the definition of Eligible Facilities as defined in Section 32(a)(2) of the Public Utility Holding Company Act of 1935 and as incorporated by reference in 18 C.F.R. SS 366.1 because it will be used for the generation of electric energy exclusively for sale at wholesale.
  • William Lavarco, Senior FERC Counsel for NextEra Energy Resources, LLC, has submitted the notice of self-certification on behalf of Chugwater Wind, LLC.

Statistics:

  • 300 MW: proposed capacity of the Chugwater Wind, LLC facility
  • 2: number of counties in Wyoming where the facility will be located
  • 1: number of transmission or distribution facilities that will be owned or operated by Chugwater Wind, LLC
  • 2025: the year in which The Vanguard Group Inc. reported holding 10.78% of the publicly traded shares in NextEra Energy, Inc.
  • 10.78%: percentage of publicly traded shares in NextEra Energy, Inc. held by The Vanguard Group Inc. as of the end of the second quarter of 2025
  • $594: the statute number of the Energy Policy Act of 2005
  • 2024: the year in which Section 366.7 of the regulations of the Federal Energy Regulatory Commission was revised

Sources:

  • UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Chugwater Wind, LLC ) Docket No. EG25-____-000 NOTICE OF SELF-CERTIFICATION OF EXEMPT WHOLESALE GENERATOR STATUS OF CHUGWATER WIND, LLC
  • Public Utility Holding Company Act of 2005, enacted pursuant to the Energy Policy Act of 2005, SSSS 1261-77, Pub. L. No. 109-58, 119 Stat. 594 (2005)
  • Section 366.7, 18 C.F.R. SS 366.7 (2024)
  • NextEra Energy, Inc. quarterly compliance filing for Q2 of 2025, Docket No. EC19-57-002
  • UGI Development Co., 89 FERC P 61,192 (1999)
  • Madison Windpower, LLC, 93 FERC P 61,270 (2000)