OPEN
ACCESS: ARE WE THERE YET? Ten Years Later: Are FERC Orders 888/889 the
Solution for Non-Discriminatory Open Transmission Access? |
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Overview Nearly a decade ago, the Federal Energy Regulatory Commission (FERC) adopted Orders 888 and 889 to open the nation?s transmission grids to use by parties other than the utility that owned each system. The Orders were intended to end perceived undue discrimination in how access to the grid was provided to third parties, but they were also part of a broader effort to encourage the development of wholesale electricity markets and improve their ability to bring the benefits of competition to electricity consumers. The principle that grid owners must provide open, non-discriminatory access to their systems was translated into the ?golden rule of comparability? ? owners would provide access to their grids on the same terms and conditions as they provided to themselves when engaging in inter-regional transactions. That principle spawned the notion that system operations needed to be performed in an independent, unbiased manner, which logically led to the movement to create Independent System Operators in many parts of the country. By 1999, FERC would adopt Order 2000, setting criteria for what ISOs do and how they would be governed. The U.S. now has several years of experience with the FERC Orders, and five ISOs (six; counting ERCOT, which is outside FERC?s jurisdiction) now operate the grids that cover half the country and even more of the nations total generation and loads. Moreover, all of these ISOs operate bid-based spot markets for energy, sometimes operating reserves, and financial transmission rights ? concepts never mentioned (and sometimes very different from the notions) in Orders 888/889, and not even fully explained or required by Order 2000. They all function under essentially the same design for their market rules and pricing mechanisms ? all approved by FERC as consistent with its Orders. At the same time, grid owners in the non-ISO regions ? the Southeast and West outside California ? function under the pro forma tariffs of Orders 888/889 ? also with FERC?s approval. These regions convinced Congress to force FERC to halt describing what all of the ISOs do as a ?standard market design.? Many see the issue in federal vs. state terms. FERC?s jurisdiction and its Orders are national, but we seem to have two fundamentally different systems for operating the same interconnected grid leading to critical questions:
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