K.        State Participation in RTO Operations

1.         States have an important role in the process of creating and sustaining an efficient competitive wholesale market for electricity.  The Commission has already established state-federal RTO panels as a forum for the Commission and state commissioners to discuss issues related to RTO development.  However, there currently is not a formal process for state representatives to engage in a similar dialogue with the independent entity that will operate the electric grid under Standard Market Design.  Therefore, the Commission is proposing to establish a formal role for state representatives to participate on an ongoing basis in the decision-making process of these organizations.

2.         We envision that the Independent Transmission Provider that operates the grid would have a Regional State Advisory Committee.  The Regional State Advisory Committee should be formed and should have direct contact with the governing board, in a manner which recognizes its public interest responsibilities, and be designed to provide the board as well as market participants and the Commission with a consensus view from states in the area.  The specifics of how this advisory committee would be formed and operate would be decided on a regional basis.  This coordinated oversight will ensure fulfillment of federal public interest responsibilities in a manner that includes the views of states throughout the region.  In this regard, we also encourage the participation of Canadian provincial authorities in this process.

3.         We take note of the recent report by the National Governors’ Association entitled "Interstate Strategies for Transmission Planning," which recommends establishing "Multi-State Entities" to facilitate state coordination on transmission planning, certification, and siting at a regional level.239  The report recognizes the critical role states currently play in siting as well as the need to address regional needs.  The institution we propose here appears complementary to the National Governors Association's recommendation.  In fact, it may be useful to have a single Regional State Advisory Committee rather than separate committees for siting and other issues.  We seek comment on whether there should be a single Regional State Advisory Committee, or separate committees for siting and other issues.  We also seek comment on how the state representatives should be selected (e.g., whether the governor should select them or some other process should be used).

4.         The Regional State Advisory Committee may work with the regional transmission organization to seek regional solutions to issues that may fall under federal, state, or shared jurisdiction, which may include but are not limited to:

            a.         Resource adequacy standards;         

b.         Transmission planning, expansion;

            c.         Rate design and revenue requirements;

            d.         Market power and market monitoring;

            e.         Demand response and load management;

            f.          Distributed generation and interconnection policies;

            g.         Energy efficiency and environmental issues;

            h.         RTO management and budget review.

Further duties may evolve with the development and operation of the regional councils.

            As discussed, the Commission is proposing to require that the independent entity that operates the markets under Standard Market Design will have a Market Monitoring Unit (MMU).  The MMU will be required to report directly to the Commission and the independent governing board of the Independent Transmission Provider.  The MMU should also provide its reports directly to the Regional State Advisory Committee.  Finally, because of the regional nature of these organizations, there are many new issues involving rate design and revenue requirements.  We believe that the Regional State Advisory Committees can bring a valuable regional perspective to these issues and should  play a role in deciding these issues in partnership with the Commission.  Once the advisory committees are established, we intend to work with them to establish protocols for deciding these regional rate issues.  Additionally, the Independent Transmission Provider will be required to develop regional plans for transmission planning and expansion.  We believe this is also an area where the Regional State Advisory Committee can bring a valuable regional perspective and should be consulted in developing these regional plans.



239Available in http://www.nga.org/center/divisions/1,1188,C_ISSUE_BRIEF^D_4110,00.html