{"document":{"slug":"filing-20260807-5199","title":"Answer of American Municipal Power, Inc. in Response to the Motion to Hold Abeyance filed by Midcontinent Independent System Operator, Inc. et al","issued":"2026-08-07","accession":"20260807-5199","docket":"EL26-70-000","group":"MISO filings","filer":"American Municipal Power, Inc.","kind":"answer","file":"sources/originals/20260807-5199_01.pdf","url":"https://elibrary.ferc.gov/eLibrary/filelist?accession_Number=20260807-5199","sha256":"e3f12bf5083e3ed802bd500a25e400180f64c8a43ea871ba8a08d0d852acd6ed","pages":13,"tokens":2280,"emptyPages":[]},"pages":[{"page":1,"startToken":0,"endToken":258,"text":"UNITED STATES OF AMERICA \nBEFORE THE \nFEDERAL ENERGY REGULATORY COMMISSION \n \nMidcontinent Independent System \n Operator, Inc.\n) \n)\nDocket No. EL26-70-000\n \nANSWER OF \nAMERICAN MUNICIPAL POWER, INC. \n \nPursuant to Rule 213 of the Rules of Practice and Procedure of the Federal Energy \nRegulatory Commission (“Commission” or “FERC”)1 and the Commission’s notice,2 \nAmerican Municipal Power, Inc. (“AMP”) respectfully submits this Answer in response to \nthe abeyance motion filed by Midcontinent Independent System Operator, Inc. (“MISO”) \nand the MISO Transmission Owners on August 3, 2026, in the above-captioned \nproceedings (“Motion”). The Motion fails to provide the information required by the \nCommission’s June 18 Show Cause Order in the event abeyance is sought,3 and \ntherefore the Commission has grounds to deny the Motion.  \nHowever, in the interest of expediting resolution of this matter, the Commission \nshould instead direct MISO to present within twenty days to its stakeholders a proposal \nfor their consideration that addresses in substantial detail the critical cost-transparency \nand cost-shifting issues identified in the Show Cause Order, and immediately file that \nproposal with the Commission on an informational basis, along with an update describing \nMISO’s detailed plan for consideration of its proposal within the stakeholder process, to \ndemonstrate progress in support of further abeyance. The Commission should also \nimpose a deadline of November 16, 2026 for MISO and the MISO Transmission Owners \n \n1  18 C.F.R. § 385.213. \n2  Notice Establishing Answer Period, Docket No. EL26-70, at 2 (August 4, 2026). \n3  Midcontinent Indep. Sys. Operator, Inc., 195 FERC ¶ 61,212, at P 37 (2026) (“Show Cause Order”)."},{"page":2,"startToken":258,"endToken":520,"text":"2 \nto file responsive revisions to the MISO Open Access Transmission, Energy and \nOperating Reserves Markets Tariff (“Tariff”). \nI. \nANSWER \nA. \nThe Show Cause Order identified critical issues for MISO to address \nin Tariff revisions to be proposed through a compliance filing that \nremains due on August 17, 2026. \nThe Show Cause Order identified cost transparency and cost-shifting protections \nas central deficiencies, among others, in MISO's Tariff. Missing protections include, inter \nalia, public disclosure of large-load-driven network upgrades and their costs, cost \nrecovery agreements, financial security requirements, and protection of existing \ntransmission customers from stranded costs caused by speculative large-load projects.4 \nThe Show Cause Order discusses each of these problem areas in support of the \nCommission’s decision to require submittal of proposed revisions to the Tariff by August \n17, in the absence of a demonstration that the existing Tariff is just and reasonable. \nB. \nThe Show Cause Order adopted reasonable standards for evaluating \nthe abeyance request presented in the Motion. \nThe Commission anticipated that MISO and the MISO Transmission Owners may \nneed additional “time while they work through the stakeholder processes to develop FPA \nsection 205 filings to revise the Tariff to address the issues raised in [the Show Cause \nOrder].”5 The Show Cause Order indicated “that successful abeyance requests, if any, \nwill include both (1) a robust description of the content of a potential future filing under \nFPA section 205 and (2) a reasoned and specific explanation of when such a filing is \n \n4  See Show Cause Order at PP 3, 23-25, 33, 66, 71-85. \n5  Id. P 37."},{"page":3,"startToken":520,"endToken":791,"text":"3 \nexpected to be made.”6 The Commission expressly stated that it would not grant \nabeyances reflexively.7 \nC. \nMISO’s Motion fails to meet the standards for abeyance established in \nthe Show Cause Order. \nMISO's response consists largely of a few lines of text indicating that concepts and \nTariff revisions will be developed in the future through collaboration between MISO and \nthe MISO Transmission Owners, and eventually presented to MISO’s Large Load \nWorking Group (“LLWG”), with a potential filing in November anticipated. This falls well \nshort of the detailed roadmap to compliance that the Commission required to justify \nabeyance.8 \nThe Motion only superficially describes a potential future filing under Federal \nPower Act (“FPA”) section 205.9 The “anticipated” filing may take place sometime in \nNovember. The only explanation for the vague filing timeline is that MISO will engage with \nstakeholders prior to the filing, but no detail is provided regarding that engagement other \nthan that it will involve presentations, discussions, and feedback: \nFinally, MISO and the MISO Transmission Owners are \nworking together to develop additional solutions, processes, \nand services to address the balance of the Commission’s \nconcerns identified in the Show Cause Order. These include, \namong other things, (a) the application process, study \nprocedures (including evaluating alternative transmission \ntechnologies), and ongoing operational requirements that \napply to Eligible Customers seeking transmission service on \nbehalf of large loads; and (b) additional transparency \nconcerning the Network Upgrade costs and cost shift \nconcerns.  MISO will present concepts and proposed Tariff \nrevisions to the LLWG for discussion and formal stakeholder \n \n6  Id. P 37. \n7  Id. \n8  See id. \n9  16 U.S.C. § 824d."},{"page":4,"startToken":791,"endToken":1102,"text":"4 \nfeedback requests as they are developed in anticipation of a \nNovember FPA section 205 filing to address any Commission \ndirectives not addressed in a prior FPA section 205 filing.10   \nWhereas the Commission has thoughtfully outlined its expectations in terms of cost \ntransparency and preventing cost shifting, MISO and the MISO Transmission Owners \nhave scarcely provided a conceptual response to the Commission’s detailed and specific \nconcerns, much less a reasoned and specific explanation of when a filing will be made or \nhow it will address those concerns. Yet MISO has vigorously pursued other initiatives with \nrespect to large loads for months as detailed in the balance of its abeyance request.11  \nThe Motion asserts that there will be six meetings of MISO’s LLWG between now \nand November, and that “[a] detailed management plan outlining the specific agenda for \nthese meetings is located on MISO’s website and will be updated regularly.”12 But the \nreferenced “plan” merely contains high level bullets listing a few general topics to be \ndiscussed at each meeting. For example, the listing for the August 27, 2026 meeting \nstates in part: “Introduce New Issue(s) – Cost Transparency . . . .”13 \nCosts associated with transmission upgrades to serve large loads are likely to be \nin the billions of dollars. Solutions to ensure proper cost allocation that will avoid cost \nshifting cannot be solely developed by MISO and the MISO Transmission Owners through \nproposals that are presented to the rest of the stakeholder community with almost no time \nfor meaningful input. This is especially true when the Show Cause Order’s directives have \n \n10  Motion at 12-13 (footnotes omitted). \n11  See, e.g., Motion at 9-12. \n12  Id. at 13 (citing MISO, LLWG Management Plan, (July 31, 2026), \nhttps://cdn.misoenergy.org/20260812%20LLWG%20Item%2001d%20Management%20Plan772569.p\ndf (“LLWG Management Plan”) (attached hereto as Exhibit A)). \n13  LLWG Management Plan."},{"page":5,"startToken":1102,"endToken":1389,"text":"5 \nbeen in place since mid-June and MISO has not presented any proposals on cost \ntransparency or cost shifting in the stakeholder process to date.  \nD. \nTo expedite resolution of this matter, the Commission should \ncondition abeyance on a further compliance filing by MISO. \nThere is a clear gap between the existing broad cost allocation methodologies \napplied to transmission projects in MISO generally, and a targeted allocation that is \nnecessary to protect against cost shifting due to the addition of large loads. Transmission \ndependent utilities such as municipalities and cooperatives are not protected by state \nutility commissions and retail tariffs because the allocation of costs between individual \nload serving entities within MISO transmission pricing zones is performed at the \nwholesale level. Transmission service rates are, of course, FERC-jurisdictional and \nprotections for these wholesale customers (and by implication, their associated retail \ncustomers) cannot be ignored or given short shrift.  \nAccordingly, the Commission should direct MISO to: (1) bring forward a specific \nproposal to meet its obligations under the Show Cause Order to address cost \ntransparency and cost shifting within the next twenty days in the MISO stakeholder \nprocess and provide the Commission with a detailed report regarding that proposal; (2) \nthoroughly vet its proposal with state regulators, consumer advocates, and other \nrepresentatives of customers and load serving entities that might bear the costs of \nupgrades required to serve large loads; and (3) work collaboratively with these parties to \ndevelop just and reasonable revisions to the MISO Tariff in compliance with the Show \nCause Order, to be submitted for the Commission’s approval by the revised deadline, \nwhich should be no later than the maximum ninety-day abeyance period contemplated in \nthat order (i.e., no later than November 16, 2026)."},{"page":6,"startToken":1389,"endToken":1482,"text":"6 \nII. \nCONCLUSION \nWHEREFORE, for the foregoing reasons, American Municipal Power, Inc. \nrespectfully requests that the Commission issue an order containing the three directives \ndescribed herein, and that the Commission grant such further relief as the Commission \nmay deem appropriate. \nRespectfully submitted, \n \n/s/ Gerit F. Hull \nLisa G. McAlister  \n \n \n \n \nSenior Vice President & General  \n \n \n  Counsel  \n \nGerit F. Hull  \n \n \n \n \n \nDeputy General Counsel for   \n \n  Regulatory Affairs  \n \n \n  \nAmerican Municipal Power, Inc.  \n \n \n1111 Schrock Road, Suite 100  \nColumbus, OH 43229   \n \n \n(614) 540-1111 \nlmcalister@amppartners.org \nghull@amppartners.org \n \nCounsel for American Municipal Power, Inc. \n \nDated: August 7, 2026"},{"page":7,"startToken":1482,"endToken":1498,"text":"EXHIBIT A \n \nMidcontinent Independent System Operator, Inc. \nLarge Load Working Group Management Plan \nJuly 31, 2026"},{"page":8,"startToken":1498,"endToken":1701,"text":"LLWG Management Plan \n \n \nLast Update: July 31, 2026 \n \n√ Potential Voting Item  \n      ^ Feedback Requested \n* Verbal Report \n \n Informational / Post Only \n \nEntity: Large Load Working Group (LLWG) \nReports to: Advisory Committee (AC)  \nOfficers:  \nChris Plante, Chair \nWerner Roth, Vice Chair  \nMarc Keyser, MISO Liaison  \nAmanda Jones and Eileen King, Stakeholder Relations  \n \nRationale for Existence:  \nThe objective of the Large Load Working Group (LLWG) is to provide input and policy guidance to MISO Management and the Steering Committee on \nprocesses and policies pertaining to markets, reliable operations, planning, and resource adequacy that facilitate integration and enablement of \nlarge loads in the MISO footprint.     \n \nThe LLWG will coordinate its efforts with other MISO stakeholder groups, including all entities reporting to the Advisory Committee and any other \nrelated stakeholder forums that are organized during the term of this Working Group.   \n \nHow many meetings were held in 2025?  N/A \nWhat was the average number of total participants in 2025?  N/A \n \nRecurring Tasks \nAnnual Administrative Tasks \nStatus Reports from Subordinate Entities \n• \nNew issues assigned by Steering \nCommittee (as needed) or FERC (e.g., \nRulemaking, NOPR) \n• \nLeadership nominations (April) \n• \nLeadership elections (May)  \n• \nNext year meeting schedule (Q3/Q4) \n• \nAnnual charter and management plan \nreview and approval (Q1)  \nN/A \n \n \n \nA-1"},{"page":9,"startToken":1701,"endToken":1933,"text":"LLWG Management Plan \n \n \nLast Update: July 31, 2026 \n \n√ Potential Voting Item  \n      ^ Feedback Requested \n* Verbal Report \n \n Informational / Post Only \n \n \n \n \nQ3 2026 \n• \nOperational Reliability \nRequirements Issues \n(TBD)  \n \nStakeholder Panel: \nPerspective and \nExperience with Large \nLoads  \n• \nBPM Updates:  \no \nLarge Load BPM-\n032 \no \nLarge Load Firm \nService Step Up \n(LLWG-2026-1) \n•o  ZGIA (PAC-\n2024-4) ZGIA \nBPM (PAC-2024-\n4)  \nJuly 16 \n• \nLarge Load Firm Service Step Up (LLWG-2026-1) ^ \n• \nCreation of Large Load BPM 032/ Other BPM Updates \n• \nAlliant Large Load Non-Firm Transmission Service (BITS) Proposal  \n• \nDiscuss FERC June Large Load Action  \n• \nNew Issue/Discussion: Conditional/Non-firm Transmission Service √ \n• \nNew Issue/Discussion: Load Addition Resource Study √ \n• \n \nJuly 27 \n• \nInterconnection Reliability Requirements (LLWG-2026-3) \nAugust 12 \n \nReview Conditional Non-firm Transmission Service (LLWG-2026-5)  \n• \nLarge Load Show Cause Abeyance Request/Filing Plans \n• \nInterconnection Reliability Requirements (LLWG-2026-3) \n• \nConditional Non-firm Transmission Service (LLWG-2026-5) ^ \nAugust 27 \n• \nLarge Load Firm Service Step Up (RASC-2026-1) Final Tariff Redlines  \n• \nLarge Load Reserve Product Enhancements (LLWG-2026-2) Evaluation results and initial \nrecommendation(s) \n• \nCreation of Large Load BPM 032/ Other BPM Updates \n• \nLarge Load Filing Plans (August) \n• \nInterconnection Reliability Requirements: Stability Assessment Requirements \n• \nLoad Addition Resource Study (LLWG-2026-6) Draft Tariff Redlines \n \nLarge Load Reserve Product Enhancements (LLWG-2026-2)  initial evaluation results, cost \nallocation recommendation \n• \nIntroduce New Issue(s) – Cost Transparency, Tariff Defined Application Process, Large Load Study \nProcess√ \n• \nLarge Load BPM 032/ Other BPM Updates \n• \n \nSeptember 23no meeting \n \nLoad Addition Resource Study (LLWG-2026 6) \n \nBPM Updates:  \n \nLL BPM-032 \nA-2"},{"page":10,"startToken":1933,"endToken":2108,"text":"LLWG Management Plan \n \n \nLast Update: July 31, 2026 \n \n√ Potential Voting Item  \n      ^ Feedback Requested \n* Verbal Report \n \n Informational / Post Only \n \nLarge Load Firm Service Step Up (LLWG-2026-1) \n \n ZGIA (PAC-2024-4)  \n• \nInterconnection Reliability Requirements: (LLWG-2026-3) Stability Assessment Requirements \n• \nConditional Non-firm Transmission Service (LLWG-2026-5)  \n• \nLoad Addition Resource Study (LLWG-2026-6) \n• \nCost Transparency/Allocation (LLWG-2026-TBD) \n• \nTariff Defined Application Process (LLWG-2026-TBD) \n• \nLarge Load Study Process (LLWG-2026-TBD) \n• \nNew Issue/Discussion: Large Load Remote Disconnect √ \n• \nLarge Load Remote Disconnect Proposal (LLWG-2026-TBD)^ \n• \nBPM Updates \n \nQ4 2026 \n• \nOperational Reliability \nRequirements Issues \n(TBD) \n• \nLarge Load Reserve \nProduct Enhancements \n(LLWG-2026-2)  reserve \nenhancement \nrecommendation and \nevaluation summary \n• \nBPM Updates:  \no \nLarge Load BPM-\n032 \no \nLarge Load Firm \nService Step Up \n(LLWG-2026-1) \no \nConditional Non-\nfirm Transmission \nService (LLWG-\n2026-5) \nOctober 8 \n• \nTariff for Conditional/Non-firm Transmission Service (LLWG-2026-5) Draft Tariff Redlines ^ \n \nOctober 29 \n• \nLarge Load Firm Service Step Up (LLWG-2026-1) BPM  \n• \nTariff for Conditional/Non-firm Transmission Service (LLWG-2026-5) Final Tariff Redlines  \n \nFirm Step Up BPM (add issue #)  \n• \nLarge Load Remote Disconnect (LLWG-2026-TBD) Tariff Redlines ^ \nNovember 16 (afternoon tentative to change) \n• \nReview response to Large Load show cause order \n \nA-3"},{"page":11,"startToken":2108,"endToken":2185,"text":"LLWG Management Plan \n \n \nLast Update: July 31, 2026 \n \n√ Potential Voting Item  \n      ^ Feedback Requested \n* Verbal Report \n \n Informational / Post Only \no \nLoad Addition \nResource Study \n(LLWG-2026-6) \n• \nCreation of Large Load \nBPM 032/ Other BPM \nUpdates \n \nLoad Addition Resource \nStudy \n• \nCost \nTransparency/Allocation \n(LLWG-2026-TBD) \n• \nTariff Defined Application \nProcess (LLWG-2026-\nTBD) \n• \nLarge Load Study Process \n(LLWG-2026-TBD) \nDecember 15 \n \nQ1 2027 \n• \nLeadership Nominations \nand Election √ \n• \nAdministrative Items \nAnnual Review √ \n \nMeeting TBD \n \nMeeting TBD \n \n \nQ2 2027 \n• \nLeadership Nominations \nand Election √ \n• \n \nMeeting TBD \n \nA-4"},{"page":12,"startToken":2185,"endToken":2212,"text":"LLWG Management Plan \n \n \nLast Update: July 31, 2026 \n \n√ Potential Voting Item  \n      ^ Feedback Requested \n* Verbal Report \n \n Informational / Post Only \nMeeting TBD \n \n \nQ3 2027 \n• \n \nMeeting TBD \n \nMeeting TBD \n \n \nA-5"},{"page":13,"startToken":2212,"endToken":2280,"text":"CERTIFICATE OF SERVICE \n \nI hereby certify that I have this day served the foregoing document upon each \nperson designated on the official service list compiled by the Secretary in this proceeding. \n/s/ Gerit F. Hull \nGerit F. Hull  \n \n \n \n \nDeputy General Counsel for  \n  Regulatory Affairs \nAmerican Municipal Power, Inc. \n1111 Schrock Road, Suite 100  \nColumbus, OH 43229   \n \n \n(614) 540-1111 \n \nDated at Columbus, Ohio, this 7th day of August, 2026."}],"sections":[{"p":1,"at":0,"title":"Opening text","method":"opening text","endPage":2,"endAt":129,"startToken":0,"endToken":276},{"p":2,"at":129,"title":"I. ANSWER","method":"printed heading","endPage":2,"endAt":141,"startToken":276,"endToken":278},{"p":2,"at":141,"title":"A. The Show Cause Order identified critical issues for MISO to address","method":"printed heading","endPage":2,"endAt":1001,"startToken":278,"endToken":402},{"p":2,"at":1001,"title":"B. The Show Cause Order adopted reasonable standards for evaluating","method":"printed heading","endPage":3,"endAt":108,"startToken":402,"endToken":538},{"p":3,"at":108,"title":"C. MISO’s Motion fails to meet the standards for abeyance established in","method":"printed heading","endPage":5,"endAt":150,"startToken":538,"endToken":1127},{"p":5,"at":150,"title":"D. To expedite resolution of this matter, the Commission should","method":"printed heading","endPage":6,"endAt":3,"startToken":1127,"endToken":1390},{"p":6,"at":3,"title":"II. CONCLUSION","method":"printed heading","endPage":6,"endAt":8,"startToken":1390,"endToken":1391},{"p":6,"at":8,"title":"CONCLUSION","method":"printed heading","endPage":13,"endAt":0,"startToken":1391,"endToken":2212},{"p":13,"at":0,"title":"CERTIFICATE OF SERVICE","method":"printed heading","endPage":13,"endAt":454,"startToken":2212,"endToken":2280}]}