FERC on July 18 rejected a petition from MISO seeking approval to not pay its Independent Market Monitor, Potomac Economics, for monitoring its transmission planning process (EL25-80).
MISO’s petition argued that the IMM’s review of its recent long-range transmission plans exceeds the scope of the Monitor’s authority and has contributed to recent cost overruns compared with the IMM’s contract.
IMM David Patton has argued that MISO’s tariff unambiguously authorizes him to monitor transmission plans, which have clear impacts on the wholesale markets. (See MISO IMM Contends He Should Have Role in Tx Oversight.)
RTO tariffs give rise to and define the scope of an IMM’s authority, and FERC and the courts consistently have found Monitors are limited to the authority laid out for them there and in agreements they sign with grid operators. In interpreting the MISO tariff, FERC had to address whether it unambiguously addresses the issue at hand — and the commission found that it does.
As the order pointed out, section 53.1 of the MISO tariff says the IMM can review any RTO actions that affect any of its markets and services.
“We also find that MISO’s transmission planning is an action that affects its markets and services, and that section 53.1.e unambiguously authorizes the IMM to review and analyze the competitive or other market impacts of MISO’s transmission planning,” FERC said.
FERC said it found no conflict in letting the IMM monitor transmission plans while MISO retains the sole authority to conduct transmission planning. The tariff does not let the IMM engage in transmission planning but simply authorizes him to review its impact on the market.
“We see no conflict between our finding here and the fact that the costs of transmission planning and of market monitoring are recovered under separate schedules to the tariff,” FERC said. “The cost recovery of transmission planning under Schedule 10 of the tariff is not relevant to the instant proceeding.”
FERC also rejected MISO’s argument that siding with Patton would be the same as amending the tariff absent a filing under Section 205 of the Federal Power Act.
And while MISO transmission owners had argued the case could risk the IMM involvement in any business area within the ISO, FERC found the tariff requires that the Monitor watch only issues that “affect the competitiveness, economic efficiency and proper operations of the markets and services.”
FERC also said that because no party had asked it to review any specific activities undertaken by the IMM, it was in no position to determine whether specific activities in the proceeding should have been billed to MISO. The commission encouraged the parties to work collaboratively on resolving such disputes.
‘Recognized and Applauded’
The order drew a pair of concurrences — one from Chair Mark Christie and another from Commissioner David Rosner.
“That transmission planning affects RTO markets is factually undeniable and thus makes this order an easy legal call,” Christie said.
Growing calls for expanding transmission are coming as consumers are facing rising bills, driven in large part by the rising costs of that infrastructure.
“Despite the understandable concern and publicity over capacity market auction results in MISO and PJM over the past year, transmission costs are the single biggest driver of skyrocketing monthly power bills and have been for years,” Christie said. “Transmission costs are driven not by the price of fuels such as natural gas, coal or oil, which change literally hourly and are set in global markets, but by capital expenses (capex), which are a result of intentional planning and intentional policy decisions, in this case by the management of MISO.”
The latest long-range plan comes with a price tag of $21.8 billion along with additional costs such as financing and return on equity that will be passed on to consumers.
“So, to his credit, MISO’s IMM has stepped up and provided a critique of the assumptions and calculations used by MISO to develop and attempt to justify this latest costly tranche of transmission projects,” Christie said. “Since the transmission planning that produced this tranche obviously affects the rates consumers pay, this is exactly what the MISO IMM and any market monitor should do.”
Christie also noted that state regulators and consumer advocates defended the IMM in the proceeding, which he said was in line with his experience with PJM during his time as a Virginia regulator.
“The role of an IMM requires courage and a willingness to put his job on the line by bringing to light uncomfortable (for some) facts and drawing conclusions about those facts that he is prepared to defend forthrightly,” Christie wrote. “The MISO IMM has done so here and he should be recognized and applauded.”
Rosner wrote separately that it’s important that a Monitor and its RTO should have a good working relationship, and ideally MISO and Patton should have settled the dispute on their own.
“In a situation like this one, which is essentially a contractual dispute, the best outcomes are achieved when the parties reach agreement among themselves — not when the commission is asked to interpret decades-old language,” Rosner said. “When parties ask the commission to answer a ‘yes or no’ question, they forfeit the opportunity to reach a compromise solution that results in better outcomes for everyone involved.”
He also noted that nothing in the order should be read as a requiring an independent transmission monitor, a concept discussed in Order 1920 that the commission could not reach consensus on.



