Federal Energy Regulatory Commission Issues Delegated Order for DTE Electric Company and Affiliated Entities

The Federal Energy Regulatory Commission (FERC) has issued a delegated order on August 31, 2020, addressing several notices of change in status filed by DTE Electric Company and its affiliates. The entities, which include DTE Energy Trading, Inc., DTE Energy Supply, Inc., and others, have stated that the reported changes do not affect the conditions upon which FERC granted them market-based rate authority. In lieu of submitting indicative market power screens for the Midcontinent Independent System Operator, Inc. market, DTE and Northern States Sellers have opted to rely on Commission-approved market monitoring and mitigation to address potential horizontal market power.

Key Takeaways:

  • The delegated order addresses notices of change in status filed by DTE Electric Company and its affiliated entities, including DTE Energy Trading, Inc., DTE Energy Supply, Inc., and others.
  • The notices of change in status were accepted for filing and were noticed for public comment, but no protests or comments were filed.
  • The Commission relied on Commission-approved market monitoring and mitigation to address potential horizontal market power in the Midcontinent Independent System Operator, Inc. market.
  • The order does not constitute approval of any service, rate, charge, classification, or rule affecting the rate or service provided for in the filed documents.
  • The acceptance of the notices of change in status is without prejudice to any findings or orders which have been or may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against the Sellers.
  • Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order.

Statistics:

  • 8 entities filed notices of change in status: DTE Electric Company, DTE Energy Trading, Inc., DTE Energy Supply, Inc., DTE Garden Wind Farm, LLC, and others.
  • 3 entities (DTE Electric Company, DTE Energy Trading, Inc., and DTE Energy Supply, Inc.) opted to rely on Commission-approved market monitoring and mitigation to address potential horizontal market power.
  • 1 delegated order was issued on August 31, 2020.
  • 30-day window for filing requests for rehearing.

Sources:

  • Federal Energy Regulatory Commission
  • 18 C.F.R. § 375.307
  • 18 C.F.R. § 385.713
  • Refinements to Horizontal Mkt. Power Analysis for Sellers in Certain Reg'l Transmission Org. & Indep. Sys. Operator Mkts., Order No. 861, 168 FERC P 61,040 (2019)
  • Refinements to Horizontal Mkt. Power Analysis for Sellers in Certain Reg'l Transmission Org. & Indep. Sys. Operator Mkts., Order No. 861, 170 FERC P 61,106 (2020)