AEP June 21, 2018 Protest Sample Clauses

AEP June 21, 2018 Protest. 11. AEP alleges that the NITSA within the AEP Agreement includes terms and charges to which it did not agree and for which SPP did not provide adequate notice. AEP claims that, for the first time, section 8.13 of Attachment 1 in the NITSA contains charges associated with revenue credits for specific Creditable Upgrades, even though the construction of these upgrades began years ago and, in some cases, were not mentioned at the time of AEP’s transmission service request. AEP argues that the revisions violate the filed rate doctrine and the rule against retroactive ratemaking.21
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AEP June 21, 2018 Protest. AEP alleges that the NITSA within the AEP Agreement includes terms and charges to which it did not agree and for which SPP did not provide adequate notice. AEP claims that, for the first time, section 8.13 of Attachment 1 in the NITSA contains charges associated with revenue credits for specific Creditable Upgrades, even though the construction of these upgrades began years ago and, in some cases, were not mentioned at the time of AEP’s transmission service request. AEP argues that the revisions violate the filed rate doctrine and the rule against retroactive ratemaking.21 According to AEP, SPP’s proposed revisions to section 8.13 include directly assigned upgrade costs, dating as far back as 2006, for Creditable Upgrades associated with its transmission service requests that were not identified in previous iterations of the AEP Agreement. AEP claims that SPP is attempting to assess additional costs that were not disclosed at the time service commenced under the agreement, further alleging that SPP gave no indication that such costs were pending and would be assessed in the future. AEP asserts that it might have made different transmission service decisions if SPP had informed it of the types of network upgrades and costs required to take service. AEP argues that SPP deprived it of transparency and rate certainty by not providing adequate notice before it entered into the AEP Agreement.22 AEP asserts that SPP’s proposed revisions to section 8.13 include Creditable Upgrades that were not identified in the Aggregate Transmission Service Study reports associated with its transmission service requests.23 AEP states that SPP first identified the cost assignment of certain network upgrades in a letter to AEP and in an associated credit payment obligation report dated April 28, 2016.24 AEP argues that SPP’s delayed identification of upgrades violates the transmission study rules of Attachment Z1 and the revenue crediting rules of Attachment Z2. Specifically, AEP contends that if SPP did not consider certain Service Upgrades in the Aggregate Transmission Service Study evaluating AEP’s transmission service requests, then it would be a violation of the “but for” test under Attachment Z2 for SPP to claim that it could not have granted service “but for” those upgrades.25 AEP alleges that SPP’s proposed revisions to section 8.13 conflict with some of the Aggregate Facilities Study Completion Agreements associated with its transmission 21 AEP June 21, 2018 Protest at 1....
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