At a session of the Public Service Commission held at its office in Jefferson City on the 9th day of April, 2013.
A Working Case to Investigate )
Plans to Build Electric Transmission ) File No. EW-2012-0369
in Ameren Missouri’s Service Territory )
In its April 19, 2012 report and order authorizing Ameren Missouri to continue the transfer of functional control of its transmission system to the Midwest Independent Transmission System Operator, Inc. - File No. EO-2011-0128 - the Commission indicated it would open a case to investigate plans during the next ten years for Ameren Missouri, or another Ameren affiliate to build transmission in Ameren Missouri’s service territory. Subsequently, the Commission opened this case to facilitate that investigation and report.
The Commission’s Staff conducted its investigation and filed its report on February 20, 2013. Staff’s report indicates Ameren Missouri’s affiliate, Ameren Transmission Company of Illinois (ATXI) is expected to build large regional transmission projects such as Market Efficiency Projects (MEPs) and Multi-Value Projects (MVPs). Ameren Missouri would construct local reliability transmission projects within its service territory. In particular, ATXI intends to construct two MVP projects partially within Ameren Missouri’s service territory. The Mark Twain Project will run from Palmyra to a substation near Adair, to the Iowa border. The Illinois Rivers Project will cross into Missouri to connect to the Mark Twain Project in Palmyra.
ATXI has filed suit in the Circuit Court of Cole County against the Commission seeking a declaratory judgment that the Commission has no jurisdiction over ATXI or the Missouri portions of the Mark Twain and Illinois Rivers Projects. In addition, Transource Missouri, LLC has filed an application with the Commission for a line certificate of convenience and necessity to construct and operate the Iatan-Nashua and Sibley-Nebraska City transmission projects in northwestern Missouri. The ongoing litigation in both cases will address many of the issues and questions that Staff would otherwise have addressed in this investigation.
In its Report and Order in EO-2011-0128, in which the Commission directed Staff to investigate and report, the Commission required Staff to complete its investigation within 10 months and indicated it would close the investigatory case no later than ten months after it was opened. Staff’s report does not indicate that any further investigation is warranted and the Commission will close this investigation at this time.
Staff’s report also asserts the Commission has safety jurisdiction over the transmission projects ATXI will be building in northeast Missouri under Section 386.310, RSMo 2000. On that basis, Staff’s report suggests the Commission either leave this file open or open a new file to direct ATXI to file quarterly reports to address the progress, planning, design, and construction of the Mark Twain and Illinois Rivers Projects. Staff explains that the Commission has imposed a similar requirement on KCP&L and KCP&L-GMO regarding construction on the Iatan-Nashua and Sibley-Nebraska City transmission projects. Ameren Missouri responded to Staff’s suggestion on March 20, 2013, arguing that since Staff has completed the report it was ordered to make, this file should be closed.
Staff’s report suggests the Commission might require ATXI to file quarterly reports, but it does not offer any basis for the Commission to find that such reports are necessary. The Commission will not foreclose the possibility that such reports might be appropriate in the future, but will not order ATXI to file such reports at this time.
THE COMMISSION ORDERS THAT:
1. Staff’s Report regarding plans during the next ten years for Ameren Missouri, or another Ameren affiliate to build transmission in Ameren Missouri’s service territory is accepted.
2. This order shall become effective on April 19, 2013.
3. This file shall be closed on April 20, 2013.
BY THE COMMISSION
R. Kenney, Chm., Jarrett, Stoll, and
W. Kenney, CC., concur.
Woodruff, Chief Regulatory Law Judge