Equalizing the Playing Field: Providing Ratepayer Protection in Non-Public Utility FERC Proceedings

The inclusion of non-public utility revenue requirements into FERC-jurisdictional RTO/ISO rates presents a difficult jurisdictional issue for FERC. Since non-public utilities in RTOs/ISOs are not subject to FERC's refund authority, FERC has developed a policy to protect FERC-jurisdictional ratepayers by ensuring, to the maximum extent possible, that non-public utility revenue requirements and public utility revenue requirements are subject to similar refund conditions.