Federal Energy Regulatory Commission Issues Report on Settlement Judge Procedures

Strategic Insights -

In a report issued on October 29, 2021, the Federal Energy Regulatory Commission (FERC) published the third status report from the Settlement Judge in a case involving Southwestern Public Service Company, Public Service Company of Colorado, and Southwest Power Pool, Inc. The report details the progress of settlement conferences and the filing of an Offer of Settlement and Settlement Agreement by the Settling Parties. The Settlement Judge, Joel deJesus, recommends that the settlement process continue, awaiting receipt and review of comments on the Settlement Agreement.

Key Takeaways:

  • The Commission designated the case for settlement judge procedures by order issued on April 22, 2021.
  • The Chief Administrative Law Judge (Chief Judge) designated Joel deJesus as Settlement Judge on May 10, 2021.
  • The first settlement conference occurred on June 29, 2021, and a settlement conference originally scheduled for August 24, 2021, was canceled.
  • The Settling Parties (Xcel Energy Services Inc., Golden Spread Electric Cooperative, Inc., Central Valley Electric Cooperative, Inc., Farmers' Electric Cooperative, Inc., Lea County Electric Cooperative, Inc., and Roosevelt County Electric Cooperative, Inc.) filed an Offer of Settlement and Settlement Agreement on October 25, 2021, in Docket Nos. ER21-201-000 and ER22-200-000.
  • The Settlement Judge recommends that the settlement process continue, awaiting receipt and review of comments on the Settlement Agreement.

Statistics:

  • The report was issued on October 29, 2021.
  • The first settlement conference occurred on June 29, 2021.
  • The Settling Parties filed the Offer of Settlement and Settlement Agreement on October 25, 2021, in Docket Nos. ER21-201-000 and ER22-200-000.
  • The historical context of the case begins with the Commission's order issued on April 22, 2021.
  • The Settlement Judge's designation occurred on May 10, 2021.

Sources:

  • "Southwestern Public Service Company, et al., 175 FERC P 61,060, at ordering para. (C) (2021)."
  • "Order of Chief Judge Designating Settlement Judge (May 10, 2021). Document Accession #: 20211029-3048 Filed Date: 10/29/2021 Docket No. EL21-58-000 et al."
  • "Joel deJesus Settlement Judge Digitally signed by JOEL DEJESUS Date: 2021.10.29 14:08:17 -04'00' Document Accession #: 20211029-3048 Filed Date: 10/29/2021 Document Content(s) EL21-58-000 SW PSC SR3.docx.pdf...........................................1 Document Accession #: 20211029-3048 Filed Date: 10/29/2021"