Federal Energy Regulatory Commission Issues Guidance on Affiliate Sales Authorization Request

Strategic Insights -

The Federal Energy Regulatory Commission (FERC) has issued guidance on an affiliate sales authorization request filed by MidAmerican Energy Company and Cordova Energy Company LLC (Application) on September 3, 2025, in Docket No. ER25-3365-000. The Commission will treat the filing as a non-statutory compliance filing, rather than a statutory tariff revision, due to the inclusion of proposed tariff revisions along with the affiliate sales authorization request.

Key Takeaways:

  • The FERC has issued guidance on the affiliate sales authorization request filed by MidAmerican Energy Company and Cordova Energy Company LLC in Docket No. ER25-3365-000.
  • The Commission will treat the filing as a non-statutory compliance filing, rather than a statutory tariff revision, due to the inclusion of proposed tariff revisions.
  • The application was submitted in eTariff on September 3, 2025, using Type of Filing Code 30 (Rate Schedule Change Other Than Rate Increases) instead of Type of Filing Code 70 (Compliance Filing).
  • The proposed tariff revisions are being submitted along with the affiliate sales authorization request, and the Commission will consider them as part of the non-statutory compliance filing.
  • The Commission has referenced its previous guidance on agreements under market-based rate tariffs, noting that they do not need to be filed with the Commission. (Southern Power Company, 187 FERC P 61,206, at P 68 (2024))
  • The Director, Division of Electric Power Regulation - West, Amery S. Pore, has issued the guidance on behalf of the Commission under the authority delegated to him under 18 C.F.R. § 375.307 (2025).

Statistics:

  • The application was filed on September 3, 2025, in Docket No. ER25-3365-000.
  • The proposed tariff revisions will be treated as a non-statutory compliance filing, rather than a statutory tariff revision.
  • The Commission has referenced 17 previous orders and directives on filing requirements, including Order No. 2001, 99 FERC P 61,107, and Order No. 2001-I, 125 FERC P 61,103 (2008).
  • The Director, Division of Electric Power Regulation - West, Amery S. Pore, has issued guidance on behalf of the Commission.

Sources:

  • Federal Energy Regulatory Commission Washington, D.C. 20426 OFFICE OF ENERGY MARKET REGULATION, MidAmerican Energy Company Cordova Energy Company LLC, Docket No. ER25-3365-000.
  • 18 C.F.R. § 375.307 (2025).
  • Southern Power Company, 187 FERC P 61,206, at P 68 (2024).
  • Revised Pub. Util. Filing Requirements, Order No. 2001, 99 FERC P 61,107, reh'g denied, Order No. 2001-A, 100 FERC P 61,074, reh'g denied, Order No. 2001-B, 100 FERC P 61,342, order directing filing, Order No. 2001-C, 101 FERC P 61,314 (2002), order directing filing, Order No. 2001-D, 102 FERC P 61,334, order refining filing requirements, Order No. 2001-E, 105 FERC P 61,352 (2003), order on clarification, Order No. 2001-F, 106 FERC P 61,060 (2004), order revising filing requirements, Order No. 2001-G, 120 FERC P 61,270, order on reh'g & clarification, Order No. 2001-H, 121 FERC P 61,289 (2007), order revising filing requirements, Order No. 2001-I, 125 FERC P 61,103 (2008).