Electric Transmission Rates and FERC Proceedings

Electric Transmission Rates and Related FERC Proceedings

A California consumer’s electric bill reflects a variety of separate charges associated with providing electric services that are “bundled” into a single amount. Part of the charges on a bill are used to pay for electric transmission service, which is the part of the electric grid that is typically at a higher voltage and is considered to be part of an interstate system. Unlike the CPUC-regulated local distribution system, because transmission infrastructure is considered to be interstate, it is regulated by the Federal Energy Regulatory Commission (FERC). 

In California, while the flow of energy on the transmission grid is controlled by the California Independent System Operator (CAISO), three investor-owned utilities (IOUs) own most of the transmission facilities: Pacific Gas and Electric (PG&E), Southern California Edison (SCE), and San Diego Gas & Electric (SDG&E). These transmission owners are required to provide transmission service at just and reasonable rates. The rates cover the costs of providing transmission service, as well as a rate of return on associated capital investments. The total cost of construction, maintenance, and operation, including the return on investment, is referred to as a utility’s transmission revenue requirement.

The collective revenue requirements for all of the participating transmission owners in the CAISO region determine the Transmission Access Charge (TAC) rate, which is charged to electric customers (i.e., ratepayers).

Because transmission rates are subject to oversight by FERC, the transmission revenue requirements of the various utilities and municipalities that participate in the CAISO are determined in transmission owner rate case proceedings at FERC.  The CPUC - along with other stakeholders – intervenes as a party in these rate cases to ensure the rates that investor-owned electric utilities charge for transmission service are just and reasonable.

By statute, the CPUC has the responsibility to represent the interests of the People of the State of California, including retail electric ratepayers, in legal proceedings before FERC.

Below are some of the FERC cases where the CPUC has intervened or otherwise engaged on behalf of California ratepayers:

Transmission Owner Rate Cases:

• PG&E TO21 Rate Case, formula rate filed October 13, 2023 (FERC Docket ER24-96) – Effective January 1, 2024. Protested by the CPUC on November 3, 2023. Currently in settlement discussions.
• PG&E TO20 Rate Case, Rate Year 2023 Annual Update filed December 1, 2022 (FERC Docket ER19-13) – Effective January 1, 2023.  Protested by the CPUC on December 28, 2022.  Awaiting order from FERC. 

• PG&E TO20 Rate Case, Rate Year 2022 Annual Update filed December 1, 2021 (FERC Docket ER19-13) – Effective January 1, 2022. Protested by the CPUC on December 22, 2021.  Still awaiting a FERC Order. 

• PG&E TO18 Rate Case for March 2017 to February 2018 rate period (FERC Docket ER16-2320) – An offer of settlement was filed on May 31, 2024.  If approved, the settlement would fully resolve all issues in the TO18 rate case, issues in TO19 and TO20 which were contingent on the outcome of TO18, currently pending petitions in the D.C. Court of Appeals arising from TO18, and the CPUC’s protest of PG&E’s 2024 FERC Balancing Account filing.  The settlement would refund $236.2 million for TO18, $357.7 million for TO19, and $405 million for TO20, plus interest.  
• PG&E TO19 Rate Case for March 2018 to April 2019 rate period (FERC Docket ER17-2154) – As the settled transmission revenue requirement for TO19 is 98.85% of the final non-appealable outcome of TO18, the TO18 filed offer of settlement above, when approved, will also resolve remaining issues in TO19.
• SCE TO2023 Annual Update filed November 18, 2022 (FERC Docket ER19-1553) – Effective January 1, 2023. Protested by the CPUC on December 9, 2022.  Awaiting Order from FERC.
• SCE TO2024 Annual Update filed November 17, 2023 (FERC Docket ER24-439) - Effective January 1, 2024. Final filing uncontested by the CPUC.
• SDG&E TO5 Cycle 6 Annual Update filed December 1, 2023 (FERC Docket ER24-524) – Effective January 1, 2024.  Final filing uncontested by the CPUC.

 Transmission Project Review (TPR) Process:

• Transmission Project Review (TPR) Process, which was established with the passage of Resolution E-5252, began on January 2, 2024. The TPR Process is a uniform process for the CPUC and Stakeholders to review PG&E’s, SCE’s, and SDG&E’s capital transmission projects and to engage with the IOUs on historical, current, and forecast transmission projects.  Each of the three IOUs participate in a repeating six-month cycle that begins with a data release from the utility, followed by multiple series of Stakeholder data requests/questions requiring utilities’ responses, and a Stakeholder Meeting. A CPUC TPR Process webpage is regularly updated with current scheduling and links to each utility’s TPR Process portal.

FERC Rulemakings, Technical Conferences and Policy Initiatives:

• Notice of Proposed Rulemaking (NOPR), Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, issued April 21, 2022 (FERC Docket RM21-17) – Initial Comments submitted on August 17, 2022 - CPUC Initial Comments. Reply Comments submitted on September 19, 2022 - Reply Comments. FERC issued Order 1920 on May 13, 2024.
• Advance Notice of Proposed Rulemaking on Transmission Planning, Generator Interconnection, and Cost Allocation (FERC Docket RM21-17) - Comments and Reply Comments filed. FERC issued Order 1920 on May 13, 2024.
• Notice of Proposed Rulemaking on Applications for Permits to Site Interstate Electric Transmission Facilities, issued on December 15, 2022 (FERC Docket RM22-7). CPUC Staff Comments filed on May 17, 2023. FERC issued Order 1977 on May 13, 2024.
• Technical Conference on Transmission Planning and Cost Management, October 6, 2022 (FERC Docket AD22-8).  Pre-Conference Summary Statement filed on September 16, 2022. Post-Conference Comments were filed on March 23, 2023. Awaiting FERC action in this Docket.
• Notice of Inquiry on Rate Recovery, Reporting, and Accounting Treatment of Industry Association Dues and Certain Civic, Political, and Related Expenses (FERC Docket RM22-5) - Joint Comments and Joint Reply Comments filed.  Awaiting a FERC Order.

• Supplemental Notice of Proposed Rulemaking on Electric Transmission Incentives Policy Under Section 219 of the Federal Power Act (FERC Docket RM20-10) - Joint Comments and Joint Reply Comments filed.  Awaiting a FERC Order.
• Notice of Proposed Rulemaking on Electric Transmission Incentives Policy Under Section 219 of the Federal Power Act (FERC Docket RM20-10) - Comments filed.  Awaiting a FERC Order.
• Joint Federal-State Electric Transmission Task Force (FERC Docket AD21-15). During the three years of this Task Force, Commissioners Rechtschaffen and Houck represented the Western Region of the United States.

Reliability Must Run and Black Start Agreements:

• Oakland RMR Agreement (FERC Docket ER23-254): On October 28, 2022, Oakland Power Company LLC filed an annual RMR agreement and informational filing for 2023.  CPUC filed a protest on November 18, 2022. Oakland filed an offer of settlement at FERC on February 5, 2024.  On May 6, 2024, FERC issued an order approving the settlement in this proceeding.

There are currently no RMRs operating in California.

• Sentinel Black Start Agreement (FERC Docket ER24-366): On November 8, 2023, Sentinel Energy Center, LLC filed a Black Start Agreement between itself, CAISO, and SCE for the East Los Angeles Basin to be effective January 8, 2024. The CPUC filed a protest on November 29, 2023. This case is currently in settlement discussions.

Contact:

Simon Hurd, Supervisor; Simon.Hurd@cpuc.ca.gov