Federal Energy Regulatory Commission Accepts Indemnification Agreement with Conditions

Strategic Insights -

The Federal Energy Regulatory Commission (FERC) has accepted an Indemnification Agreement between Arizona Public Service Company (APS) and AES Clean Energy Development, LLC, effective August 18, 2022. The Indemnification Agreement was submitted by APS on September 15, 2022, and was publicly noticed with no protests or adverse comments filed. The Commission's acceptance of the agreement is conditional and does not constitute approval of any service, rate, or charge affecting the agreement. This decision is a significant step in the regulatory process for APS and AES Clean Energy Development, LLC.

Key Takeaways:

  • The Federal Energy Regulatory Commission has accepted an Indemnification Agreement between Arizona Public Service Company (APS) and AES Clean Energy Development, LLC, effective August 18, 2022.
  • The Indemnification Agreement was submitted by APS on September 15, 2022, and was publicly noticed with no protests or adverse comments filed.
  • The Commission's acceptance of the agreement is conditional and does not constitute approval of any service, rate, or charge affecting the agreement.
  • The filing was made under delegated authority granted to the Director, Division of Electric Power Regulation - West under 18 C.F.R. § 375.307.
  • The Indemnification Agreement was accepted for filing under Rule 214 of the Commission's regulations (18 C.F.R. § 385.214).
  • The order constitutes final agency action, and requests for rehearing by the Commission may be filed within 30 days of the date of issuance.
  • The agreement involves Imperial Irrigation District and San Diego Gas & Electric Company, as parties to the Indemnification Agreement.
  • The Commission's decision is a significant step in the regulatory process for APS and AES Clean Energy Development, LLC.

Statistics:

  • 30 days: Rehearing request deadline from the date of issuance
  • August 18, 2022: Effective date of the Indemnification Agreement
  • September 15, 2022: Date APS submitted the Indemnification Agreement
  • 2021: Date referenced in 18 C.F.R. § 35.3(a)(2)
  • 18 C.F.R. § 375.307: Delegated authority granted to the Director, Division of Electric Power Regulation - West
  • 18 C.F.R. § 385.214: Rule under which the Indemnification Agreement was accepted for filing

Sources:

  • Arizona Public Service Company, FERC Electric Tariff, Volume No. 2, Service Agreement No. 404, Indemnification Agreement with AES (0.0.0)
  • 18 C.F.R. § 35.3(a)(2) (2021)
  • 18 C.F.R. § 375.307
  • 18 C.F.R. § 385.214
  • 18 C.F.R. § 385.713 (for rehearing requests)