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Federal Register / Vol. 73, No.

65 / Thursday, April 3, 2008 / Notices 18267

the filing of protests. Accordingly, any DEPARTMENT OF ENERGY approvals of Wells Fargo’s issuance of
person desiring to be heard concerning securities or assumptions of liability.
the blanket approvals of issuances of Federal Energy Regulatory Copies of the full text of the Director’s
securities or assumptions of liability by Commission Order are available from the
Plum Point, should file a protest with [Docket Nos. ER08–354–000; ER08–354– Commission’s Public Reference Room,
the Federal Energy Regulatory 001; ER08–354–002] 888 First Street, NE., Washington, DC
Commission, 888 First Street, NE., 20426. The Order may also be viewed
Washington, DC 20426, in accordance Wells Fargo Energy Markets, LLC; on the Commission’s Web site at http://
with Rules 211 and 214 of the Notice of Issuance of Order www.ferc.gov, using the eLibrary link.
Commission’s Rules of Practice and March 27, 2008.
Enter the docket number excluding the
Procedure. 18 CFR 385.211, 385.214 Wells Fargo Energy Markets, LLC last three digits in the docket number
(2007). The Commission encourages the (Wells Fargo), filed an application for filed to access the document.
electronic submission of protests using market-based rate authority, with an Comments, protests, and interventions
the FERC Online link at http:// accompanying tariff. The proposed may be filed electronically via the
www.ferc.gov. market-based rate tariff provides for the Internet in lieu of paper. See, 18 CFR
sale of energy, capacity and ancillary 385.2001(a)(1)(iii) and the instructions
Notice is hereby given that the on the Commission’s Web site under the
deadline for filing protests is April 7, services at market-based rates. Wells
Fargo also requested waivers of various ‘‘e-Filing’’ link. The Commission
2008. strongly encourages electronic filings.
Commission regulations. In particular,
Absent a request to be heard in Wells Fargo requested that the Kimberly D. Bose,
opposition to such blanket approvals by Commission grant blanket approval Secretary.
the deadline above, Plum Point is under 18 CFR Part 34 of all future [FR Doc. E8–6861 Filed 4–2–08; 8:45 am]
authorized to issue securities and issuances of securities and assumptions BILLING CODE 6717–01–P
assume obligations or liabilities as a of liability by Wells Fargo.
guarantor, indorser, surety, or otherwise On March 6, 2008, pursuant to
in respect of any security of another delegated authority, the Director, DEPARTMENT OF ENERGY
person; provided that such issuance or Division of Tariffs and Market
assumption is for some lawful object Development—West, granted the Federal Energy Regulatory
within the corporate purposes of Plum request for blanket approval under Part Commission
Point, compatible with the public 34 (Director’s Order). The Director’s
interest, and is reasonably necessary or Order also stated that the Commission [Docket No. AD08–2–000]
appropriate for such purposes. would publish a separate notice in the
Federal Register establishing a period of Order on Technical Conference
The Commission reserves the right to time for the filing of protests.
require a further showing that neither Accordingly, any person desiring to be Issued March 20, 2008.
public nor private interests will be heard concerning the blanket approvals AGENCY: Federal Energy Regulatory
adversely affected by continued of issuances of securities or assumptions Commission.
approvals of Plum Point’s issuance of of liability by Wells Fargo, should file ACTION: Order on Technical Conference.
securities or assumptions of liability. a protest with the Federal Energy
Copies of the full text of the Director’s Regulatory Commission, 888 First SUMMARY: On December 11, 2008, the
Order are available from the Street, NE., Washington, DC 20426, in Federal Energy Regulatory Commission
Commission’s Public Reference Room, accordance with Rules 211 and 214 of convened a technical conference on
888 First Street, NE., Washington, DC the Commission’s Rules of Practice and interconnection queuing practices. This
20426. The Order may also be viewed Procedure. 18 CFR 385.211, 385.214 order follows up that technical
on the Commission’s Web site at (2007). The Commission encourages the conference and directs Regional
http://www.ferc.gov, using the eLibrary electronic submission of protests using Transmission Organizations and
link. Enter the docket number excluding the FERC Online link at http:// Independent System Operators to file
www.ferc.gov. reports on the status of their efforts to
the last three digits in the docket Notice is hereby given that the
number filed to access the document. improve the processing of their
deadline for filing protests is April 7, interconnection queues.
Comments, protests, and interventions 2008.
may be filed electronically via the DATES: Reports are due April 21, 2008.
Absent a request to be heard in
Internet in lieu of paper. See, 18 CFR opposition to such blanket approvals by FOR FURTHER INFORMATION CONTACT:
385.2001(a)(1)(iii) and the instructions the deadline above, Wells Fargo is Mary C. Morton, Federal Energy
on the Commission’s Web site under the authorized to issue securities and Regulatory Commission, 888 First
‘‘e-Filing’’ link. The Commission assume obligations or liabilities as a Street, NE., Washington, DC 20426,
strongly encourages electronic filings. guarantor, indorser, surety, or otherwise (202) 502–8040.
in respect of any security of another Michael G. Henry (Legal Information),
Kimberly D. Bose,
person; provided that such issuance or Federal Energy Regulatory
Secretary. assumption is for some lawful object Commission, 888 First Street, NE.,
[FR Doc. E8–6862 Filed 4–2–08; 8:45 am] within the corporate purposes of Wells Washington, DC 20426, (202) 502–
BILLING CODE 6717–01–P Fargo, compatible with the public 8532.
interest, and is reasonably necessary or
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appropriate for such purposes. SUPPLEMENTARY INFORMATION:


The Commission reserves the right to Before Commissioners: Joseph T. Kelliher,
require a further showing that neither Chairman; Suedeen G. Kelly, Marc Spitzer,
public nor private interests will be Philip D. Moeller, and Jon Wellinghoff.
adversely affected by continued

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18268 Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Notices

Order on Technical Conference processing their interconnection queues resources from being available in new
1. This order follows up on our with the timeliness envisioned in Order capacity markets auctions.
December 11, 2007, technical No. 2003, in certain cases greatly 6. The Commission believes that over
conference (Technical Conference) on exceeding the timelines in their tariffs. the long term, the improved
interconnection queuing practices. In Surges in the volume of new generation transmission planning required under
this order, we direct the Regional development are taxing the current Order No. 890 5 will address some of the
Transmission Organizations (RTOs) and queue management approach in some causes of the current interconnection
Independent System Operators (ISOs) to regions. Additionally, the queue problems. In particular, the
file reports on the status of their efforts unprecedented demand in some regions planning reforms adopted by Order No.
to improve the processing of their for new types of generation, principally 890 should increase the transparency of
interconnection queues. We also renewable generation, places further planning information to all customers,
provide guidance to assist the RTOs and stress on queue management because increase coordination among
ISOs and their stakeholders in those such generation technologies can, for transmission owners in each region, and
efforts. example, be brought online more otherwise result in a more robust
quickly than traditional generation. transmission system. These
Background Finally, some regions have capacity improvements, in turn, should enable
2. The Commission issued Order No. markets that did not exist when the developers to make fewer, more tailored
2003 to standardize the agreements and current queue management approach interconnection requests and make it
procedures related to the was developed and are struggling with easier to interconnect with the
interconnection of large generating how to manage their queues to transmission system. However, while
facilities.1 We found that ‘‘[a] standard accommodate those new markets. the efforts currently under way to
set of procedures as part of the [Open comply with Order No. 890 hold
Discussion promise for the long-term processing of
Access Transmission Tariff] for all
jurisdictional transmission facilities will 4. The Commission is concerned interconnection queues, we cannot
minimize opportunities for undue about delays in processing afford to wait until those efforts are
discrimination and expedite the interconnection queues. Although we completed to address the queue
development of new generation, while are concerned about delays in all management problem.
protecting reliability and ensuring that 7. We note in particular the comments
regions, the Technical Conference
rates are just and reasonable.’’ 2 Key to of the ISO/RTO Council on the scope
revealed that the delays are particularly
and nature of the interconnection queue
balancing these goals was queue significant in RTOs and ISOs that are
problems facing ISOs and RTOs.
management procedures, including attracting significant new entry. Many of
According to the ISO/RTO Council, the
timelines that Transmission Providers 3 the factors identified at the Technical
queue backlog has increased in many of
must use reasonable efforts to meet. Conference as contributing to delays are
3. In response to concerns about the the ISOs and RTOs because of the
present for all Transmission Providers,
effectiveness of queue management, the significant new entry that is occurring.
independent and non-independent
Commission held the Technical The ISO/RTO Council states that
alike. For example, the need for restudy
Conference. The Commission also prompt action is necessary to address
when multiple projects withdraw from these problems; however, the Council
issued a notice afterward inviting a queue and the complexity of designing urges that the Commission allow each
comments.4 The speakers at the interconnections within a system with region to develop solutions that are
Technical Conference and the written limited excess transmission capacity are tailored to its specific circumstances
comments confirm that some not confined to RTOs and ISOs. All and contends that stakeholder processes
Transmission Providers are not Transmission Providers should be to discuss reforms are already underway
evaluating whether changes are needed in several regions.
1 Standardization of Generator Interconnection
to their queue management practices to 8. While the Commission could take
Agreements and Procedures, Order No. 2003, FERC
Stats. & Regs. ¶ 31,146 (2003), order on reh’g, Order
ensure the expediency called for by action to impose solutions, and may
No. 2003–A, FERC Stats. & Regs. ¶ 31,160, order on Order No. 2003. However, given the need to do so if the RTOs and ISOs do
reh’g, Order No. 2003–B, FERC Stats. & Regs. greater interest of new generation not act themselves, we agree that we
¶ 31,171 (2004), order on reh’g, Order No. 2003–C, entrants in gaining access to RTO and
FERC Stats. & Regs. ¶ 31,190 (2005), aff’d sub nom.
should allow each region the
Nat’l Ass’n of Regulatory Util. Comm’rs v. FERC,
ISO markets compared to other markets, opportunity to propose its own solution.
475 F.3d 1277 (D.C. Cir. 2007), cert. denied, 76 the magnitude of the backlogs in RTO- Although there are some common issues
U.S.L.W. 3454 (Feb. 25, 2008). See also and ISO-managed queues is particularly affecting all the regions, there are also
Standardization of Small Generator Interconnection significant.
Agreements and Procedures, Order No. 2006, FERC
significant differences in the nature and
Stats. & Regs. ¶ 31,180, order on reh’g, Order No. 5. These backlogs not only deprive scope of the problem from region to
2006–A, FERC Stats. & Regs. ¶ 31,196 (2005), order generation developers of needed region; there may, therefore, be no one
granting clarification, Order No. 2006–B, FERC business certainty, they also undermine right answer for how to improve queue
Stats. & Regs. ¶ 31,221 (2006), appeal pending sub other important public goals. As
nom. Consol. Edison Co. of N.Y., Inc. v. FERC, Nos.
management. Further, any solution
06–1275 (DC Cir. filed July 14, 2006 and later); detailed by speakers at the Technical involves a balancing of interests.
Interconnection for Wind Energy, Order No. 661, Conference, delays in interconnecting Therefore, we urge the RTOs and ISOs
FERC Stats. & Regs. ¶ 31,186 (2005), order on reh’g, renewable generation in the footprints to work with their stakeholders to
Order No. 661–A, FERC Stats. & Regs. ¶ 31,198 of the Midwest Independent
(2005).
develop consensus proposals.
2 Order No. 2003, FERC Stats. & Regs. ¶ 31,146 at Transmission System Operator, Inc. and 9. While each of the RTOs and ISOs
P 11. the California Independent System represented at the conference indicated
3 ‘‘Transmission Provider’’ is a defined term Operator Corporation are creating
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under Order No. 2003. See Standard Large additional challenges in meeting state 5 Preventing Undue Discrimination and
Generator Interconnection Procedures (‘‘pro forma renewable portfolio standards. In the Preference in Transmission Service, Order No. 890,
LGIP’’) § 1. 72 FR 12,266 (Mar. 15, 2007), FERC Stats. & Regs.
4 Notice Inviting Comments, Interconnection ISO New England Inc. and PJM ¶ 31,241 (2007), order on reh’g, Order No. 890–A,
Queuing Practices, Docket Nos. AD08–2–000, et al. Interconnection, LLC regions, queue 73 FR 2984 (Jan. 16, 2008), FERC Stats. & Regs. ¶ 31,
(Dec. 17, 2007). delays could prevent least cost 261 (2007).

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Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Notices 18269

that it was evaluating its queue 12. With regard to reforms applicable interconnection-related study process
management, the RTOs and ISOs and to future and early-stage existing may be the only reliable vehicle a
their stakeholders must proceed more interconnection requests, we note that customer has to evaluate the merits of
quickly, and the Commission intends to Order No. 2003 authorizes a number of different interconnection points and
monitor their efforts. Thus, we direct options to streamline the configurations. Thus, it is critical that
each RTO and ISO to file a status report interconnection process. For example, reforms applicable to future and early-
with the Commission within 30 days of Order No. 2003 already allows for the stage existing interconnection requests
the date of this order.6 The report must feasibility study to be combined with provide customers with enough
describe the current size of the RTO’s or the system impact study at the request flexibility and information to respond to
ISO’s interconnection queue (i.e., of the customer.7 Order No. 2003 business uncertainties. At the same
number of pending interconnection permits Transmission Providers who time, the Commission realizes that the
requests and total megawatts perform system impact studies on a actions of one party in the queue can
represented by those requests), the clustered basis to allocate the cost of affect the interests of other parties in the
current projected timeframes for common upgrades to members of a queue. Thus, there needs to be a way to
processing pending interconnection cluster without regard to queue prioritize the processing of requests on
requests, and the nature and extent of position.8 Further, Order No. 2003 a fair basis and to ensure that the
any problems that have led to any such authorizes the use of third party flexibility for individual generators does
queue backlogs, including a discussion consultants to conduct interconnection not undermine the certainty and speed
of how clustering has or has not studies.9 When considering tariff needed for the queue as a whole.
alleviated those problems. The report changes applicable to future and early- 15. Order No. 2003 struck a balance
must also explain the status of stage existing interconnection requests, by establishing that material
stakeholder discussions on queue the RTOs and ISOs should first consider modifications to an interconnection
reform and provide a schedule for whether their current tariffs use all of request will result in loss of queue
selecting and implementing any the streamlining options already position, while allowing a customer to
necessary reforms, including a target explicitly sanctioned under Order No. make multiple interconnection requests
date for filing any necessary tariff 2003. for the same basic project, if it makes a
amendments or waivers. To assist 13. If an RTO or ISO concludes that relatively modest demonstration that it
stakeholders in their deliberations, we the options already identified in Order is serious about the project. These
offer the guidance set forth below. No. 2003 are inadequate to address its requests are then processed and
queue problems, it may consider allocated costs on a first-come, first-
10. The reforms that can be
proposing variations from Order No. served basis.11 While this approach
implemented most quickly from a
2003. Because RTOs and ISOs do not made good sense at the time Order No.
regulatory standpoint are those that do
own generation and thus do not have an 2003 was issued and still works well in
not require any revisions to an RTO’s or
incentive to unduly discriminate, many situations, it has led to some
ISO’s current tariff. For example, no variations sought by an RTO or ISO are
Commission filings are needed to unexpected consequences, particularly
reviewed under the ‘‘independent entity in transmission systems with numerous
increase the staff available to work on variation standard.’’ This standard
interconnection studies or adopt more interconnection customers and limited
allows independent Transmission excess transmission capacity. In markets
efficient modeling for feasibility studies Providers flexibility in designing their
or system impact studies. Similarly, with numerous interconnection
interconnection procedures to
each of the RTO and ISO tariffs already customers, many of those customers
accommodate regional needs.10
provide an option for performing a may be competing for the same load,
14. The Commission recognizes that
single system impact study for a cluster the business of developing generation is and not all will be needed. Further, in
of interconnection requests, so no very dynamic and requires the systems with limited excess
further Commission filings would be coordination of a whole host of factors transmission capacity, the first-come,
necessary to take full advantage of the beyond interconnection, many of which first-served approach to cost allocation
existing flexibility to cluster. Therefore, are outside the full control of the can result in great disparities between
we urge the RTOs and ISOs when developer. In the absence of alternative the costs faced by the customer whose
evaluating ways to improve their queue sources of information about available request happens to trigger the need for
processing first to consider whether transmission capacity, the a network upgrade as opposed to those
they have taken all effective steps under in lower queue positions. Moreover, the
their current tariffs. 7 Pro forma LGIP § 6.1. relatively small deposit amounts,
11. While there likely are reforms that 8 Id. § 4.2. coupled with the incentives produced
can be implemented without the need 9 Id. § 13.4. by a first-come, first-served approach to
for Commission filings, more may need
10 Order No. 2003 at P 822–27; Order No. 2003– allocating capacity, provides an
A at P 759. An RTO or ISO proposing a variation incentive for developers to secure a
to be done. Reforms necessitating tariff must demonstrate that the variation is just and
changes come in two forms: (1) Reforms reasonable and not unduly discriminatory, and place in the queue even for projects that
that apply to future interconnection would accomplish the purposes of Order No. 2003. may not be commercially viable. These
requests as well as existing See, e.g., PJM Interconnection, LLC., 108 FERC and other factors can result in large
¶ 61,025, at P 7 (2004) (‘‘[W]hen an RTO is the filing numbers of interconnection requests
interconnection requests that are still at entity, the Commission will review the proposed
an early stage in the interconnection variations to ensure that they do not provide an being ultimately withdrawn, which in
process; and (2) reforms that affect unwarranted opportunity for undue discrimination turn slows down the process by
existing interconnection requests that or produce an interconnection process that is unjust necessitating more study and restudy.
and unreasonable.’’), order denying reh’g, 110 FERC While the Commission is open to
are in later stages of the process. The
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¶ 61,099 (2005); and Midwest Indep. Transmission


issues raised by these two classes of Sys. Operator, Inc., 117 FERC ¶ 61,128 (2006), order
on reh’g, 119 FERC ¶ 61,097, at P 7 (2007) (rejecting 11 As noted above, Order No. 2003 did allow for
reforms may well differ.
a proposed pricing variation because the RTO ‘‘had some flexibility in the first-come, first-served
not shown that the proposal would accomplish the approach where a Transmission Provider performs
6 The reports will be noticed and subject to public purposes Order No. 2003 set forth as possible a single system impact study for a cluster of
comment. justifications for this type of pricing’’). interconnection requests.

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18270 Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Notices

considering a range of possible mechanisms through which customers reformed process may be speculative,
variations from Order No. 2003 with can gather the information necessary to including as to ultimate timing and cost
regard to future and early-stage existing more narrowly tailor their allocation. In those cases, we would
interconnection requests, we believe interconnection requests toward a final expect proponents of reform to have an
that there are three types of variations acceptable configuration. easier time justifying such reform.14
that, individually or in combination, 18. Third, there may be approaches to Whether and how a particular reform
hold particular promise for speeding up prioritizing queue processing that should apply to a late-stage request will
queue processing while remaining provide protection against depend on the specific facts. The
faithful to the goals of Order No. 2003. discrimination comparable to the first- Commission is open to considering such
16. First, it may be appropriate to come, first-served approach, but that are reforms. Further, while such reforms do
increase the requirements for getting more efficient. For example, there may pose more difficult issues than reforms
and keeping a queue position. For be merit in a first-ready, first-served applicable to future and early-stage
example, it may be appropriate to approach, whereby customers who existing requests, the Commission
increase the amount of the deposits demonstrate the greatest ability to move recognizes that they may be necessary in
required at the different stages of the forward with project development are order to resolve current backlogs.
process to more accurately reflect the processed first. Further, the Commission The Commission orders:
cost of the necessary studies. Such a is open to considering methods of The RTOs and ISOs are hereby
change would not only be consistent clustering other than that provided in directed to file reports as discussed in
with traditional ratemaking principles, Order No. 2003. Order No. 2003’s the body of this order within 30 days of
but would also increase the likelihood approach to clustering is fundamentally the date of this order.
that only projects that are likely to be based on a first-come, first-served
By the Commission.
commercially viable (and hence willing paradigm, as clusters are limited to
Nathaniel J. Davis, Sr.,
to commit to the cost of such studies in requests filed within the same time
advance) are in the queue. Such a frame, not to exceed 180 days.12 Deputy Secretary.
change also would likely reduce the Clustering that takes into account [FR Doc. E8–6606 Filed 4–2–08; 8:45 am]
number of multiple interconnection factors other than proximity of filing BILLING CODE 6717–01–P
requests made by the same customer for date may allow for more efficient
the purpose of speculating on the cost studies and we are open to reviewing
impacts of different locations. However, such proposals. DEPARTMENT OF ENERGY
as discussed above, multiple requests 19. We note that reforms that would
for a single project can result from a affect existing interconnection requests Federal Energy Regulatory
legitimate desire to evaluate the merits that are in later stages of the process Commission
of different interconnection points and create special circumstances that require [Docket No. ER08–685–000]
configurations without having to go to careful consideration. Unlike reforms
the back of the queue. Therefore, the applicable to future and early-stage TransCanada Maine Wind
more stringent the requirements, the existing interconnection requests, any Development Inc.; Notice of Filing
more important it is to ensure that such reforms could significantly disrupt
March 27, 2008.
customers have access to alternative the activities of customers who may
sources of reliable information about have taken action in reliance upon the Take notice that on March 17, 2008,
available transmission capacity to help existing process. Reforms of this sort TransCanada Maine Wind Development
them tailor their interconnection could take the form of a filing to make Inc submitted for filing an application
requests more narrowly toward a single generic revisions to the tariff, filings to for authorization to make wholesale
acceptable interconnection modify individual interconnection- sales of energy and capacity at
configuration. Further, the RTOs and related agreements, or a request for a negotiated, market-based rates.
ISOs should address the impact of any one-time waiver of the tariff.13 These Any person desiring to intervene or to
increases in the requirements on smaller reforms could change both the timing protest this filing must file in
customers or any other class of and the cost allocation for a customer. accordance with Rules 211 and 214 of
interconnection customers. Some customers may experience an the Commission’s Rules of Practice and
17. Second, elimination of the overall benefit from a particular reform, Procedure (18 CFR 385.211, 385.214).
feasibility study as a separate step could while others may be disadvantaged by a Protests will be considered by the
reduce processing time without harming reform. In still other cases, perhaps the Commission in determining the
interconnection customers. Under Order majority, the difference between appropriate action to be taken, but will
No. 2003, the feasibility study is continued processing under the existing not serve to make protestants parties to
intended, in part, to provide tariff provisions and processing under a the proceeding. Any person wishing to
preliminary information to assist become a party must file a notice of
developers in deciding whether it is 12 See pro forma LGIP § 4.2. But see id. § 4.1 intervention or motion to intervene, as
even worth their while to pursue more (allowing allocation of cost of common upgrades for appropriate. Such notices, motions, or
clustered interconnection requests without regard protests must be filed on or before the
detailed interconnection studies. to queue position).
Elimination of a separate feasibility 13 See, e.g., Midwest Indep. Transmission Sys.
comment date. On or before the
study could streamline the study Operator, Inc., 117 FERC ¶ 61,128 (2006), order on comment date, it is not necessary to
process and could reduce reh’g, 119 FERC ¶ 61,097 (2007) (rejecting as serve motions to intervene or protests
interconnection requests by screening unsupported proposed tariff amendments on persons other than the Applicant.
applicable to existing interconnection agreements The Commission encourages
out those customers who are not willing but without prejudice to future filings to revise
to pay the higher deposit required for a electronic submission of protests and
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individual interconnection agreements); and Cal.


system impact study. However, Indep. Sys. Operator Corp., 118 FERC ¶ 61,226,
elimination of a feasibility study phase, order on clarification, 120 FERC ¶ 61,180 (2007) 14 See, e.g., New York Indep. Sys. Operator, Inc.,

(granting one-time waiver of procedures for 114 FERC ¶ 61,207 (2006) (granting one-time waiver
like increased requirements to obtain conducting clustered system impact studies despite of interconnection procedure noting that protestor’s
and retain a queue position, creates a application to protestor who had already undergone claim that it would incur higher costs due to
greater need to develop alternative a system impact study). potential loss of its queue position was speculative).

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