AEP Protest Sample Clauses

AEP Protest. AEP states that it did not execute the NITSA because the NITSA contains terms and charges related to Directly Assigned Upgrade Costs associated with Attachment Z2 of the SPP Tariff that AEP disputes. AEP states that the Commission accepted these terms pending the outcome of the rehearing request in Docket No. ER18-1702-002. AEP states that it continues to object to these provisions for the reasons stated in its previous protests in Docket Nos. ER16-1341, ER18-1702, ER19-1672, and ER19-2700. AEP argues that in the event the Commission accepts the instant SPP filing, the Commission must make clear that such acceptance is subject to the outcome of the rehearing in Docket No. ER18-1702-002.12
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AEP Protest. AEP alleges that the NITSA within the AEP Agreement continues to include terms and charges to which it did not agree and for which SPP did not provide adequate notice. AEP states that it has protested these same directly assigned Creditable Upgrade charges in numerous forums, including in Docket Nos. ER16-1341,11 ER18-1702, and ER19- 8 Id. at 1-3. 9 18 C.F.R. § 35.3(a)(2). 10 SPP Transmittal at 3. 11 In April 2016, in Docket No. ER16-1341-000, SPP sought, and the Commission granted, waiver of certain provisions in the Tariff to allow SPP to implement the revenue crediting process for Creditable Upgrades, pursuant to Attachment Z2 in the Tariff, from 2008 to 2016. Sw. Power Pool, Inc., 156 FERC ¶ 61,020 (2016). Several parties filed requests for rehearing of the Commission’s acceptance of SPP’s waiver request, which the Commission denied. Sw. Power Pool, Inc., 161 FERC ¶ 61,144 (2017). On January 5, 2018, Xcel Energy Services Inc. filed a petition for review with the D.C. Circuit. Xcel Energy Serv. Inc. v. FERC, D.C. Cir. No. 18-1005. The Commission sought voluntary remand of the SPP Attachment Z2 waiver proceeding in Docket No. ER16-1341, and the D.C. Circuit remanded the proceeding on July 31, 2018. On February 28, 2019, the Commission issued an order on remand, reversing its decision and 1672.12 AEP asserts that because SPP does not request that acceptance of the AEP Agreement be made subject to the outcome of Docket Nos. ER18-1702 and ER16-1341, AEP is compelled to reiterate its concerns with section 8.13 of Attachment 1 of the NITSA here.13 Therefore, AEP requests that in conjunction with Docket Nos. ER16- 1341 and ER18-1702, the Commission instruct SPP to remove the charges from‌ section 8.13 of Attachment 1 in the NITSA as contrary to the filed rate doctrine and the rule against retroactive ratemaking.14 In particular, AEP claims that 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 requests.15 AEP contends that this is a violation of the filed rate doctrine, the transmission service request study rules pursuant to Attachment Z1 in the Tariff, and the revenue crediting rules in Attachment Z2 that apply a “but for” test to directly assign network upgrade costs.16 AEP argues that SPP has thereby deprived AEP of transparency and rate cer...
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