2 Initial Allocation and Renewal Procedures 2.1 Initial Allocation of

Midwest ISO
FERC Eiectric Tariff, Third Revised Volume No. 1
2
Second Revised Sheet No. 143
Superseding First Revised Sheet No. 143
Initial Allocation and Renewal Procedures
2.1
Initial Allocation of Available Transmission Capability
For purposes of determining whether existing capability on the
Transmission System is adequate to accommodate a request for firm service under
this Tariff, the existing transmission reservation queues of the Transmission
Owners and ITC Participants will be consolidated into a single Transmission
Provider transmission reservation queue, commencing thirty (30) days before the
ITC becomes operational, recognizing the priorities existing with respect to the
Transmission Owner's or ITC Participants' system.
2.2
Reservation Priority For Existing Firm Service Customers
Existing firm service customers (wholesale requirements and
transmission-only with a contract term of one-year or more, and retail customers,
irrespective of term) of the Transmission Owncr(s). ITC Participant(s). or
Transmission Provider have the right to continue to take transmission sen-ice
from the Transmission Provider when the contract expires, rolls over or is
renewed. For purposes of this Section 2.2. a request for transmission service
made by an existing firm service customer in the exercise of the above right shall
be known as a '"Rollover Request."
Issued by: Ronald R. MeN'amara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-104-013 and EL04-104-02^ (Michvest Independent
Transmission System Operator, Inc., 110 FERC *j 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 144
Superseding First Revised Sheet No. 144
This transmission reservation priority is independent of whether the existing
customer continues to purchase capacity and energy from the Transmission
Owner(s) or ITC Participant(s) or elects to purchase capacity and energy from
another supplier. If a new request(s) for Transmission Service or Rollover
Requestfs) for the total amount of capacity for a given interface have been
submitted on the OASIS ("Competing Queue"), and the Transmission System
cannot accommodate all of the requests for transmission service, the existing firm
sendee customer must agree to accept a contract term at least equal to a
competing request by any new Eligible Customer and to pay the current just and
reasonable rate, as approved by the Commission, for such service. Once the
Competition Queue is established and if a Transmission Customer has submitted
two Rollover Requests covering successive time periods, and the service period of
the iirst-m-time Rollover Request is extended due to a competing request, the
second-in-time Rollover Request shall be annulled and the Transmission
Customer shall lose its place in the transmission queue for the second-in-time
Rollover Request. The Transmission Customer shall be required to submit a new
Rollover Request and take a new place in the transmission queue to exercise its
rollover rights in the time period subsequent to the expiration date of its
first-in-time Rollover Request.
Issued by: Ronald R. McXamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-69I-025, ELO--10--013 and ELtK-104-024 (Miehvesilndependem
Transmission System Operator, Inc.. \ 10 FERC \ 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
First Revised Sheet No. 144A
Superseding Original Sheet No. 144A
This transmission reservation priority for Rollover Request customers is an
ongoing right that may be exercised at the end of all firm contract terms of one
year or longer. This reservation priority only applies to the facilities of the
Transmission Owner(s) or 1TC Participants) where such facility costs have been
included as part of the firm sen-ice rates that the firm service customer has been
paying. If competing Rollover Request customers apply for service that cannot be
fully provided, the priority rights will be ranked in accordance with first come.
first served principles. If Rollover Request customers tie. then the capacity7 for
which they receive priority rights under this Tariff shall be apportioned on a pro
rata basis.
Upon the submission of a Rollover Request by a Transmission Customer.
the Transmission Customer must revise, as may be necessary, the contact
information in the OASIS transmission service request to provide for a twentyfour (24) hour point of contact. Once the Competition Queue is established and if
the Transmission Provider receives a competing request for Transmission Service.
the Transmission Provider shall notify the Rollover Request Transmission
Customer of such competing request on the same business day the Competition
Queue is established. Such notification shall occur on a recorded line of the
Transmission Provider to the twenty-four (24) hour point of contact provided by
the Transmission Customer. The next business day shall begin the three (3)
business day window provided in Attachment J to this Tariff, within which the
Transmission Customer may agree to match the term of the competing request. In
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691 -025, EL04-104-013 and EL04-104-024 {Midn-esi Independent
Transmission System Operator. Inc.. 110 FERC *j 61.289 (2005H
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
First Revised Sheet No. 1^4B
Superseding Original Sheet No. 144B
the event, the Transmission Customer is no longer obligated to match a competing
request, the same notification process shall be followed.
(a)
Rollover Request Reservation Priority: The Transmission
Provider snail use ihe following principles and methodology to
determine reservation priority under this Section 2.2:
(i)
Earlier-queued Rollover Requests shall not compete, on
contract term, against later-queued new sen "ice requests.
Rollover Requests that do not compete on contract term
shall be accepted on the terms identified in the Rollover
Request customer's Service Agreement and associated
specification sheets. Rollover Request customers shall
confirm their Rollover Requests in accordance with the
timing requirements set forth in Attachment J,
commensurate with the term of service.
(ii)
A Rollover Request queued after a competing new service
request shall be required to match the term of all previously
submitted actively competing (i.e.. not previously satisfied
through acquisition of capacity held by other Rollover
Request customers) new service requests to retain capacity.
In order
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
First Revised Sheet No. 144C
Superseding Original Sheet No. 144C
to preserve renewal rights, the Rollover Request customer
shall confirm its request for rollover transmission service
that has been conditionally accepted by the Transmission
Provider within the confirmation time periods set forth in
Attachment J. commensurate with the term of service. The
condition of acceptance is that the Rollover Request
customer may be required to match on term any earlierqueued competing new service request.
(iii)
Where an interface would be fully subscribed if all holders
of rollover rights exercised such rights, a new sendee
request shall be denied unless: (a) the new service
requestor agrees to a System Impact Study; or (b) the new
service requestor agrees to confirm a conditionally
accepted request in order to retain queue priority. To retain
queue priority, the new sen-ice requestor must confirm its
request for transmission sendee that has been conditionally
accepted by the Transmission Provider within the
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April I, 2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in DocketNos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator Inc.. 110 FERC r 61,289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
First Revised Sheet No. 144D
Superseding Original Sheet No. 144D
confirmation time periods set forth in Attachment J,
commensurate with the term of service. The condition of
acceptance is that the request is not matched on term by
subsequently-queued Rollover Requests. The total capacity
under new service requests conditionally accepted and
confirmed shall not exceed the capacity held by the existing
Rollover Request customers. All new service requests
conditionally accepted and confirmed that are not awarded
capacity when the queue is processed shall then be denied.
(iv)
In the event that a new service requestor does not confirm a
conditional acceptance, the new service request shall be
eliminated from the queue.
(v)
Earlier-queued new sendee requests shall have the
opportunity7 to compete on term against all
subsequently-queued Rollover Requests of a lesser term.
(vi)
Rollover Requests subiect to competition on term shall be
processed based on weakest queue position, i.e.. the
later-queued Rollover Request is the first to be asked to
match a new competing request.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April K 2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC \ 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
(vii)
First Revised Sheet No. 144E
Superseding Orieinal Sheet No. 144E
A Rollover Request customer shall be required to match the
term of any new service request that: (a) was queued prior
to the Rollover Request; (b) has been conditionally
accepted by the Transmission Provider and subsequently
confirmed by the new service requestor: (c) has the same
start date as the Rollover Request and extends beyond the
end date of the Rollover Request; and (d) has not already
been awarded capacity7 due to later-queued Rollover
Request(s) declining to match on term. The Rollover
Request customer shall have three (3) business days to
confirm a matching request. If the Rollover Request
customer does not agree to match on term, the Rollover
Request customer's capacity shall be awarded to the new
service request customer.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued OR: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-I04-013 and EL04-104-024 (\fid\vesrJndependenr
Transmission System Operator. Inc.. 110 FERC <" 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
3
Second Revised Sheet No. S45
Superseding First Revised Sheet No. 145
Ancillary Services
Ancillary Services are needed with Transmission Service to maintain reliability
within and among the Control Areas affected by the Transmission Service. The
Transmission Provider is required to provide (or offer to arrange with the local Control
Area Operator or 1TC as discussed below), and the Transmission Customer is required to
purchase, the following Ancillary Services: (i) Scheduling, System Control and Dispatch ;
and (ii) Reactive Supply and Voltage Control from Generation Resources.
The Transmission Provider is required to offer to provide (or offer to arrange with
the local Control Area Operator or ITC as discussed below) the following Ancillary
Services only to the Transmission Customer sen-ing Load within the Transmission
Owner(s'). ITC, or ITC ParticipantfsM Control Area(s): (i) Regulation and Frequency
Response, (ii) Operating Reserve - Spinning, and (iii) Operating Reserve - Supplemental.
For transmission service within an ITC System, the ITC may provide Ancillary Service
as set forth in the ITC Control Area Services and Operations Tariff. However, the
Transmission Provider shall be the provider of last resort of
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in DocketNos. ER04-691-014, ER04-69I-025. EL04-10--013 and EL04-10^-02^ (\1id\\-estlndependent
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 146
Superseding First Revised Sheet No. 146
Ancillary Services to any Transmission Customer taking service under an ITC Rate
Schedule. The Transmission Provider shall provide or procure Ancillary Services at least
cost. The Transmission Customer serving Load within the Transmission Owp.crls').
ITC(s'). or ITC Participants') Control Area is required to acquire these Ancillary
Sen-ices, whether from the Transmission Provider, from the Control Area, from the ITC.
from a third party, or by self-supply. The Transmission Customer may not decline the
Transmission Provider's offer of Ancillary Services unless it demonstrates to the
Transmission Provider that it has acquired the Ancillary Senices from another source.
The Transmission Customer must list in its Application which Ancillary Services it will
purchase from the Transmission Provider.
Issued by: Ronald R. McXamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-OI3 and EL04-104-024 (.\fich\estlndependenr
Transmission System Operator. Inc.. 110 FERC 1" 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. i47
Superseding First Revised Sheet Xo. 147
Because the Transmission Provider is a public utility providing Transmission
Service, but is not a Control Area Operator, it will be unable to provide directly some or
all of the Ancillary Services. In this case, the Transmission Provider can fulfill its
obligation to provide Ancillary Services by acting as the Transmission Customer's agent
to secure these Ancillary Services from the Control Area Operator. The Transmission
Customer may elect to: (i) have the Transmission Provider act as its agent, (ii) secure the
Ancillary Sen ices directly from the appropriate Control Area Operator, or (iii) secure the
Ancillary Services (discussed in Schedules 3, 5 and 6) from a third party or by
self-supply when technically feasible. Each Transmission Owner, ITC, and ITC
Participant (and User, where applicable), with the ability to provide any or all of these
Ancillary Services shall offer to provide such services (with respect to loads within its
Control Area) under cost-based schedules unless market-based rates have been accepted
for filing at the Commission. These schedules including all related terms and conditions
shall be posted on the Transmission Provider's OASIS. If the party providing such
service(s) is a public utility, all applicable rates and charges shall be on file with the
Commission.
Issued by. Ronald R. McNamara. Issuing Officer
Effective-. April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos*ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (\fid\iesilndependent
Transmission System Operator, Inc.. 110 FERC «F 61,289 (2005)1.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 148
Superseding First Revised Sheet No. 148
In the event of an unauthorized use of Ancillary Services by the Transmission
Customer, the Transmission Customer shall pay the following penalty: two hundred
percent (200° o) of the relevant Control Area's applieable Ancillary Service charge for the
entire length of the reserved period but not exceeding one (I) month. The Transmission
Provider shall compensate any affected Control Areas or generators for their actual costs.
Any revenues in excess of actual costs shall be used to reduce the Transmission Provider
costs in Schedule 10, except in the case of Ancillary- Services provided by an ITC. use of
such revenues will be governed by the terms of the ITC's Control Area Sendees and
Operations Tariff.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-69J-OK. ERO^-691-025. ELO--104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc., 110 FERC T 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 149
Superseding First Revised Sheet No. 149
The specific Transmission Provider Ancillary Services, prices and/or
compensation methods are described on the schedules that are attached to and made a
part of this Tariff. Three principal requirements apply to discounts for Ancillary Services
provided by the Transmission Provider in conjunction with its provision of Transmission
Sen-ice as follows: (i) any offer of a discount made by the Transmission Provider must
be announced to all Eligible Customers solely by posting on the OASIS, (ii) any
customer-initiated requests for discounts (including requests by any Transmission Owner,
ITC Participant, or ISO Member) must occur solely by posting on the OASIS, and
(iii) once a discount is negotiated, details must be immediately posted on the OASIS. A
discount agreed upon for an Ancillary Service must be offered for the same period to all
Eligible Customers on the Transmission Provider's system. Sections 3.1 through 3.6
below list the six Ancillary Services.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025. EL04-104-013 and EL(K-104-024 (.\fiehvesilnclependent
Transmission System Operator. Inc.. 110 FERC ^ 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
3.1
Second Revised Sheet No. 150
Superseding Hirst Revised Sheet No. 150
Scheduling. System Control and Dispatch Service: The rates and or
methodology are described in Schedule I.
3.2
Reactive Supply and Voltage Control from Generation Sources
Service: The rates aiui/or methodology are described in Schedule 2.
3.3
Regulation and Frequency Response Service: Where applicable, the
rates and/or methodology are described in Schedule 3.
3.4
Delivery Scheduling and Balancing Service: Where applicable, to
Transmission Customers of generators located within the Michigan
Electric Transmission Company, the rates and^or methodology are
described in Schedule 4C - METC. 1
3.5
Operating Reserve - Spinning Reserve Service: Where applicable the
rates and/or methodology are described in Schedule 5.
3.6
Operating Reserve - Supplemental Reserve Service: Where applicable
the rates andor methodoloev are described in Schedule 6.
The Transmission Provider is required to offer to provide Delivery Scheduling and Balancing Service
as an additional Ancillary Service available only to a customer receiving energy from generators
located within the Michigan Electric Transmission Company's Service Area. The Transmission
Customer receiving energy from generators located within the Michigan Electric Transmission
Company's Service Area is required to acquire this Ancillary Service, whether from the Transmission
Provider, from a third party or by self-supply. The Transmission Customer may not decline the
Transmission Provider's offer of Delivery Scheduling and Balancing Service unless it is
demonstrated that it has been acquired from another source. The Transmission Customer must list in
its Application whether it will acquire Delivery Scheduling and Balancing Sen-ice from the
Transmission Provider.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1. 2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos"ER04-691-014: ER04-691-025. EL04-104-013 and EL04-I04-024 (.\fiehi-esrJndepenttenr
Transmission System Operator. Inc.. 110 FERC ^ 61.289 f'2005>).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
4
Second Revised Sheet No. 151
Superseding First Revised Sheet No. 151
Open Access Same-Time Information System (OASIS)
Terms and conditions regarding Open Access Same-Time Information System
and standards of conduct are set forth in 18 C.F.R. § 37 of the Commission's regulations
(Open Access Same-Time Information System and Standards of Conduct for Public
Utilities). In the event available transmission capability, as posted on the OASIS, is
insufficient to accommodate a request for firm transmission service, additional studies
may be required as provided by this Tariff pursuant to Sections 19 and 32.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos" ER04-691 -0K. ER04-691 -025. EL04-104-013 and EL04-104-024 (Midges! Independent
Transmission System Operator. Inc., 110 FERC «j 61.289 (2005)).
Midwest iSO
FERC Electric Tariff, Third Revised Volume No. i
Second Revised Sheet Xo. 152
Superseding First Revised Sheet No. 152
Local Furnishing Bonds
5.1
Transmission Owners and ITC Participants that Own Facilities
Financed by Local Furnishing Bonds or that are Tax Exempt Entities:
This provision is applicable only to Transmission Owners and ITC
Participants that have financed facilities for the local furnishing of electric
energy with tax-exempt bonds, as described in § 142(f) of the Internal
Revenue Code ("local furnishing bonds") or that are tax-exempt entities,
as described in § 501(c)(12) of the Internal Revenue Code.
Notwithstanding any other provision of this Tariff, the Transmission
Owner or ITC Participant shall not be required to provide transmission
service to any Eligible Customer pursuant to this Tariff if the provision of
such transmission service would jeopardize the tax-exempt status of any
entity or of the local furnishing bond(s) used to finance the Transmission
Owner's or ITC Participant's facilities that would be used in providing
such transmission service.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with trie March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ERO-i-691-025. EL04-104-013 and EL04-10^-024 (Mifaest Independent
Transmission System Operator, Inc., 110 FERC r 6L289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
5.2
Second Revised Sheet No. 153
Superseding First Revised Sheet No. 153
Alternative Procedures for Requesting Transmission Service:
fi)
If the Transmission Provider determines that the provision of
transmission service requested by an Eligible Customer would
jeopardize the tax-exempt status of any entity or of any local
furnishing bond(s) used to finance any Transmission Owner's or
ITC Participant's facilities that would be used in providing such
transmission service, it shall advise the Eligible Customer within
thirty (30) days of receipt of the Completed Application.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos* ER04-691 -014, ER04-691 -025. EL04-104-013 and EL04-104-024 (Midivesi Independent
Transmission System Operator. Inc.. 130 FERC «" 61.2S9 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
(ii)
Second Revised Sheet No. 154
Superseding First Revised Sheet No. 154
If the Eligible Customer thereafter renews its request for the same
transmission service referred to in (i) by tendering an application
under § 211 of the Federal Power Act. the Transmission Provider
and the relevant Transmission Owner or ITC Participant, within
ten (10) days of receiving a copy ofthe § 211 application, will
waive any rights to a request for service under § 213(a) ofthe
Federal Power Act and to the issuance of a proposed order under
§ 212(c) ofthe Federal Power Act. The Commission, upon receipt
ofthe Transmission Provider's and/or Transmission Owner's or
ITC Participant's waiver of rights to a request for service under
§ 213(a) ofthe Federal Power Act and to the issuance of a
proposed order under § 212(c) ofthe Federal Power Act, shall
issue an order under § 211 ofthe Federal Power Act. Upon
issuance ofthe order under § 211 ofthe Federal Power Act, the
Transmission Provider shall be required to provide the requested
transmission service over the affected Transmission Owner's or
ITC Participant's facilities in accordance with the terms and
conditions of this Tariff.
Issued by: Ronald R. MeNamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Xos. ER04-691-OH. ER04-691-025. EL04-10--013 and EL04-104-024 (Miehvestlndependent
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
6
Second Revised Sheet No. 155
Superseding First Revised Sheet No. !55
Reciprocity
A Transmission Customer receiving Transmission Service under this Tariff agrees
to provide comparable transmission sen ice that it is capable of providing to the
Transmission Owners, ITC. and ITC Participants on similar terms and conditions over
facilities used for the transmission of electric energy owned, controlled or operated by the
Transmission Customer and over facilities used for the transmission of electric energy
owned, controlled or operated by the Transmission Customer's corporate affiliates.
This reciprocity requirement applies not only to the Transmission Customer that
obtains Transmission Sendee under this Tariff, but also to all parties to a transaction that
involves the use of Transmission Service under this Tariff, including the power seller.
buyer and any intermediary, such as a power marketer. This reciprocity requirement also
applies to any Eligible Customer that owns, controls or operates transmission facilities
that uses an intermediary, such as a power marketer, to request Transmission Scnicc
under the Tariff. If the Transmission Customer does not own, control or operate
transmission facilities, it must include in its Application a sworn statement of one of its
duly authorized officers or other representatives that the purpose of its Application is not
to assist an Eligible Customer avoid the requirements of this provision.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-69I-025. ELO--104-013 and EL04-104-024 (MiAvest Independent
Transmission System Operator, Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
7
First Revised Sheet No. S56
Superseding Second Substitute Original Sheet No. 156
Billing and Payment; Defaults and Remedies
Sections 7.1. 7.2, 7.4 and 7.5 below shall apply to all Transmission Customers,
Sections 7.6 through 7.10 below shall apply to all Market Participants and Section 7.3
and Section 7.11 through Section 7.18 apply to all Tariff Customers.
7.1
Billing Procedure for Transmission Customers: Within a reasonable
time after the first day of each month, the Transmission Provider shall
submit two (2) invoices 10 the Transmission Customer for the charges for
all services furnished under Module B of this Tariff during the preceding
month and prior period adjustments, except for ITC Service provided
under ITC Rate Schedules as set forth below. One invoice relates to all
services for which the Transmission Provider will settle, bill, collect and
distribute revenues to the Transmission Owners for services furnished
under Module B of this Tariff.
For sendees under an ITC Rate Schedule, an ITC may, at its
election, perform billing, credit and accounting responsibilities under this
Tariff. When agreed to by the Transmission Provider, an ITC will bill the
Transmission Customers for both Transmission Sendee and ITC Sen-ice
to avoid multiple bills being sent to the Transmission Customers.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Midwsilndependenl
Transmission System Operator, Inc.. 110 FERC r 61,289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 157
SuDersedms First Revised Sheet No. 157
The second invoice relates to the Transmission Provider Cost
Adder or the service charge for recovering costs associated with operating
the ISO that are not covered under Schedule !. Schedule 16 or
Schedule 17. These costs are captured within a separate invoice line item,
Schedule 10 and include: 1) costs associated with the Transmission
Provider control center, including capital costs and operating expenses and
2) costs for administering this Tariff. Transmission Customers listed in
Attachment I will pay costs associated with the Transmission Provider's
operating expenses as specified under Schedule IO-A.
Issued by: Ronald R. McXamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Kos. ER04-691-014. ER04-691 -025. ELO-i-104-013 and EL04-104-024 (Mid-.resi Independent
Transmission System Operator, Inc.. 110 FERC r: 61,289 (2005)).
Midwest ISO
FERC ESectric Tariff. Third Revised Volume No. 1
Third Revised Sheet No. i 58
Superseding Second Revised Sheet No. 158
The invoices shall be paid by the Transmission Customer within
seven (7) days of receipt. All payments shall be made in immediately
available funds payable to the Transmission Provider or ITC, as
applicable.
All billing procedures involving invoices under this Section 7.1 or
with respect to Module B of this Tariff, including any ITC Rate Schedules,
shall be governed by the Accounting and Billing Manual or. if applicable,
an ITC's Accounting and Billing Manual. Those manuals are available for
inspection by the Transmission Customers and Transmission Owners.
ITCs, ITC Participants, and regulator)' authorities with jurisdiction over
the Transmission Customers, Transmission Owners, ITCs, ITC
Participants, and the public, and are posted on the Transmission Provider
website.
Issued by: Ronald R. McNamara. Issuing Officer
Issuedon: April 12,2005
Effective: June 11,200:
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
7.2
First Revised bheet No. 159
Superseding Second Substitute Original Sheet No. 159
Billing Procedure for Schedule 10-B: Within a reasonable time after the
first day of each month, the Transmission Provider shall submit an invoice
to the Transmission Owners listed in Attachment I for their respective
share of Transmission Provider's monthly capital costs and the portion of
its operating costs described under Schedule 10-B. The invoices shall be
paid by the Transmission Owners within ten (10) days of receipt. All
payments shall be made in immediately available funds payable to the
Transmission Provider.
7.3
Interest on Unpaid Balances: Interest on any unpaid amounts (not
including amounts placed in a cash collateral account as Financial
Security) shall be calculated in accordance with the methodology set aside
for interest on refunds in the Commission's Regulations at 18 C.F.R.
§ ?5.19a(a)(2)(iii). Interest on delinquent amounts shall be calculated
from the due date of the bill to the date of payment. When payments are
mailed, the bill shall be considered having been paid on the date of receipt
bv the Transmission Provider.
Issued by: Ronald R. McXamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-I04-013 and ELO^-104-024 (Mid\i-est "independent
Transmission System Operator. Inc., 110 FERC r 61.289 (2005}).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
7.4
First Revised Sheet No. 160
Superseding Second Substitute Original Sheet No. 160
Transmission Customer Default and Past Due Amounts: The rights
and remedies set forth in this Section 7.4 are in addition to. and not in
limitation of. any and all other remedies available under this Tariff, any
other agreement or under applicable law. Upon the occurrence of a
Default, the Transmission Provider shall initiate a filing with the
Commission to terminate the Transmission Customer's Service
Agreement but shall not terminate the Service Agreement until the
Commission so approves any such request. In addition, the Transmission
Provider.
Issued by: Ronald R. McN'amara. Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014: ER04-691-025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC • 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 161
Sunersedmg First Revised Sheet No. 161
or ITC where applicable, shall provide notice to the Transmission
Customer of its intention to initiate a filing with the Commission to
terminate the Transmission Customer's Service Agreement, in accordance
with Commission policy. If the billing services are provided by an ITC.
and the ITC notifies the Transmission Provider of a Transmission
Customer Default, then, upon the request of the ITC, the Transmission
Provider shall provide notice to the Transmission Customer of its intention
to initiate a filing with the Commission to terminate the Transmission
Customer's Service Agreement, in accordance with Commission policy.
If any amounts invoiced by the Transmission Provider pursuant to
Section 7.1 or Section 7.2 are not paid when due (the "Past Due
Amount"), then the following procedures apply:
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025. EL04-104-013 and EL04-104-02- (Midwest Independent
Transmission System Operator, Inc., 110 FERC 5; 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
(a)
Second Revised Sheet No. !62
Superseding First Revised Sheet No. 162
ISO Charges Paid First. The Transmission Provider shall use
monies received by it from Transmission Customers to pay all
amounts due to the Transmission Provider under this Tariff and the
ISO Agreement before making any payments to any Transmission
Customers. Transmission Owners or ITC. If the ITC bills both
Transmission Provider service and ITC Sen-ice pursuant to
Section 7.1 of this Tariff, the ITC shall use monies received by it
from Transmission Customers to pay all amounts due to the
Transmission Provider under this Tariff and the ISO Agreement
before making any payments to any Transmission Customers.
Transmission Owners, ITC Participants or the ITC.
Issued by: Ronald R. McKamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-OI4. ERCH-691-025. EL04-104-013 and EL04-104-024 (Mid\vest Independent
Transmission System Operator. Inc., 110 EERC ^ 61,289 (2005) j.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
(b)
Second Revised Sheet No. 163
Superseding First Revised Sheet No. 163
Reduction of Payments and Increases in Charges: If the
procedures described in subsection (d) below do not yield
sufficient funds to pay all invoiced amounts in full (after payment
of amounts due to the Transmission Provider in accordance with
subsection (a) above) on the date such payments are due, the
Transmission Provider shall reduce payments to those
Transmission Owners and/or ITC owed monies that billing period
(the "Past Due Period"), pro rata based on amounts owed to such
Transmission Owners and/or ITCs, to the extent necessary to clear
its accounts by the close of banking business on the date such
payments are due. As funds attributable to a Past Due Amount are
received by the Transmission Provider (including amounts
received through actions or proceedings commenced against the
defaulting Transmission Customer) prior to the next billing
period's statements being distributed, such funds, together with
any interest and late charges collected on the applicable Past Due
Amount, shall be distributed/?ro rata to the Transmission Owners
anchor ITC that did not receive the full amount of their payments
as a result of such Past Due Amount not being paid.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1. 2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC * 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
(c)
Second Revised Sheet No. 164
Superseding First Revised Sheet No. 164
Order of Settlement. As payments are received by the
Transmission Provider to satisfy- outstanding Past Due Amounts,
the oldest outstanding Past Due Amount will be settled first in the
order of the creation of such debts.
(d)
Enforcing Security. The Transmission Provider shall use funds
attained under the Credit Support Documents provided by the
Transmission Customer to the extent necessary to pay the Past Due
Amount and any applicable interest and late charges. Any use of
Credit Support Documents shall be undertaken in compliance with
Module A of this Tariff, the Credit Policy andVor the Credit
Support Documents.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1. 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014, ER04-691-025. EL04-104-013 and EL04-104-024 (MichvestJndependent
Transmission Srslem Operator Inc.. 110 FERC <" 61,289 (2005V).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
7.5
First Revised Sheet No. 165
Superseding Second Substitute Original Sheet No. 165
Disputed Amounts: If a Transmission Customer disputes the amount
invoiced by the Transmission Provider or the ITC pursuant to Section 7.1
or Section 7.2, the Transmission Customer must pay all invoiced amounts
regardless of any dispute, but such payment shall not be deemed a waiver
with respect to any disputed amount. If the Transmission Customer
notifies the Transmission Provider or the ITC as applicable, of the portion
of the invoice in dispute at or prior to the time of payment, the
Transmission Provider or ITC as applicable, will cause the disputed
amount to be deposited in an account separate from its general operating
account, pending resolution of the dispute. All such disputes shall be
governed by the dispute resolution procedures set forth in Section 12 of
this Tariff.
Issued by: Ronald R. McN'amara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and ELO^-104-024 (Michvesilndependent
Transmission Svsiem Overaior, Inc.. 110 FERC f 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
7.6
First Revised Sheet No. 166
Superseding Second Substitute Original Sheet No. 166
Billing Procedure for Market Participants: On a weekly basis, the
Transmission Provider shall submit two (2) invoices to the Market
Participant for the charges for al! services and goods furnished under
Module C of this Tariff based on the schedule posted in the market
settlements timeline as posted on the Transmission Provider website. One
invoice relates to all services and goods for which the Transmission
Provider will settle, bill, collect and distribute revenues to the Market
Participants for Market Activities. The Market Participant shall have no
right to any amount of payment with respect to the sendees and goods
furnished under Module C of this Tariff until all of the credit and debit
amounts with respect to the Market Participant for the respective billing
cycle for all services and goods furnished under Module C of this Tariff
(including prior period adjustments) have been added together, netted
against one another and invoiced. The Market Participant shall only be
entitled to the net credit
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March i 6, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and ELO-1-104-024 (Midges! Independent
Transmission System Operator, Inc.. 110 FERC ^ 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 16'
Superseding First Revised Sheet No. 16*
amount, if any. invoiced to the Market Participant for the respective
billing period (together with prior period adjustments), subject to the
Transmission Provider's right to be paid first pursuant to Section 7.8(a).
the setoff and recoupment rights of Transmission Provider set forth in
Section 1.} 7 and any security interests that the Market Participant grants
to the Transmission Provider. The Market Participant shall have no right
to any gross charges and or credits listed on such invoice. The Market
Participant shall have no right to any amount prior to invoicing.
The second invoice relates to the service charge for recovering
costs associated with operating the Energy Markets. These costs arc
captured within a separate invoice line item. Schedules 16 and 17,
including the costs associated with the Transmission Provider
administration of Financial Transmission Rights and Energy Market
Support Administration.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1. 2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-OK, ER04-691-025. EL04-104-013 and EL04-10--024 (Midwest Independent
Transmission System Operator. Inc., \ 10 FERC r 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Firs: Revised Sheet No. ] 68
Superseding Second Substitute Original Sheet No. 163
All invoices with net charges to be paid by a Market Participant
issued pursuant to this Section 7.6 shall be paid by the Market Participant
within seven (7) days of receipt. All invoices with net credit amounts to
be paid to a Market Participant issued pursuant to this Section 7.6 shall be
due and payable by the Transmission Provider to the Market Participant
twenty-four (24) to forty-eight (48) hours following invoice due dates in
accordance with Settlements Business Practices Manual, as amended from
time to time, subject to the Transmission Provider's right to be paid first
pursuant to Section 7.8(a), the setoff and recoupment rights of the
Transmission Provider set forth in Section 7.11 and any security interests
that the Market Participant grants to the Transmission Provider. All
payments by Market Participants shall be made in immediately available
funds payable to the Transmission Provider. All billing procedures
involving invoices under this Section 7.6 or with respect to Module C of
this Tariff shall be governed by Section 41 of this Tariff and the
Settlements Business Practices Manual, as amended from time to time.
The Settlements Business Practices Manual and the market settlements
timeline are available for inspection by the Market Participants),
regulatory authorities with jurisdiction over the Market Participants, and
the public, and are posted on the Transmission Provider website.
issued by: Ronald R. McNamara. Issuing Officer
Effeeme: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-69I-014. ER04-691-025. EL04-104-013 and EL04-104-024 {Midwest Independent
Transmission System Operator, Inc.. 110 FERC «| 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
7.7
First Revised Sheet No. 169
Superseding Second Substitute Original Sheet No. 169
Interest on Unpaid Balances: Interest on any unpaid amounts (not
including amounts placed in a cash collateral account as Financial
Security) shall be calculated in accordance with Section 7.3.
7.8
Market Participant Default and Past Due Amounts: The rights and
remedies set forth in this Section 7.8 are in addition to, and not in limitation
of, any and all other remedies available under this Tariff, any other
agreement or under applicable law. Upon the occurrence of a Default, the
Transmission Provider shall initiate a filing with the Commission to
terminate the Market Participant Agreement but shall not terminate the
Market Participant Agreement until the Commission so approves any such
request. In addition, the Transmission Provider shall provide notice to the
Market Participant of its intention to initiate a filing with the Commission to
terminate the Market Participant Agreement, in accordance with
Commission policy.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-104-013 and EL04-104-024 (Midwestlndependent
Transmission Sysiem Operator. Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 170
Superseding First Revised Sheet No. 1~0
If any amounts invoiced by the Transmission Provider, pursuant to
Section 7.6 are not paid when due (the "Past Due Amount") then the
following procedures apply.
(a)
Transmission Provider Charges Paid First. The Transmission
Provider shall use monies received by it from Market Participants to
pay all amounts due to the Transmission Provider under this Tariff
and the ISO Agreement before making any payments to any other
Market Participants.
(b)
Reduction of Payments and Increases in Charges. If the
procedures described in subsection (d) below do not yield
sufficient funds to pay all invoiced amounts in full (after payment
of amounts due to the Transmission Provider in accordance with
subsection (a) above) on the date such payments are due, the
Transmission Provider shall reduce payments to Market
Participants owed monies for that billing period (the :;Past Due
Period"), pro raia based on the net credit invoiced amounts owed
Issued by. Ronald R. McN'amara, Issuing Ofhcer
Effective1. April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos' ER04-691-014, ER04-691 -025. ELO-M 0--013 and EL04-104-02* {Midwest Independent
Transmission System Operator. Inc.. 110 FERC r, 61,289 ('2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 17]
Superseding First Revised Sheet \o. 171
to such Market Participants, to the extent necessary to clear its
accounts by the close of banking business on the date such
payments arc due. As funds attributable to a Past Due Amount are
received by the Transmission Provider (including amounts
received through actions or proceedings commenced against the
defaulting Market Participant) prior to the next billing period's
statements being distributed, and prior to such Past Due Amount
being declared an Uncollectible Obligation pursuant to.
Section 7.10, such funds, together with any interest and late
charges collected on the applicable Past Due Amount, shall be
distributed pro rata to the Market Participants that did not receive
the full amount of their net credit invoiced amount as a result of
such Past Due Amount not being paid, subject to the Transmission
Provider's right to be first pursuant to (a) above, the set off and
recoupment rights of the Transmission Provider set forth in
Section 7.17 and any security interests that the Market Participant
grants to the Transmission Provider.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: Aprii 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos* ER04-691-014. ER04-691 -025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator, Inc., 110 FERC r 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. I
(c)
First Revised Sheet No. 172
Superseding Second Substitute Original Sheet No. ]72
Order of Settlement. As payments are received by the
Transmission Provider 10 satisfy outstanding Past Due Amounts
the oldest outstanding Past Due Amount will be settled first in the
order of the creation of such obligations.
(d)
Enforcing Setoff and Security. The Transmission Provider may
exercise its rights of recoupment and setoff pursuant to
Section 7.14 and Section 7.17, to offset the Past Due Amount
against any amounts owed to the Market Participant. The
Transmission Provider shall use funds attained under the Credit
Support Documents provided by the Market Participant to the
extent necessary to pay the Past Due Amount and any applicable
interest and late charges. Any use of Credit Support Documents
shall be undertaken in compliance with Section 7.14 of this Tariff,
the Credit Policy and the Credit Support Documents.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order or; Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-OK, ERO--69I-025. EL04-104-013 and ELO^-10-024 (Midv.-esUnde
Transmission System Operator. Inc.. 110 FERC f 61,289 {2005;}.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
7.9
hirst Revised Sheet No. 173
Superseding Second Substitute Original Sheet No. !73
Disputed Amounts: A Market Participant shall make full and timely
payment of all bills rendered pursuant to Section 7.16 or otherwise
rendered for Market Activities regardless of any dispute, but such payment
shall not be deemed a waiver with respect to any disputed amount. All
disputes of invoiced amounts shall be subject to the dispute resolution
procedures of Section 12 of this Tariff.
7.10
Uplift of Uncollectible Past Due Amounts to Market Participants: At
such time as the Transmission Provider concludes that the Transmission
Provider does not reasonably expect payment in full of an unpaid Past Due
Amount within an acceptable time period, then the Transmission Provider
shall declare such unpaid Past Due Amount to be an Uncollectible
Obligation. The Transmission Provider will notify Market Participants of
the declaration of an Uncollectible Obligation by posting a notice to the
OASIS. Such notification will identify the defaulting Market Participant, the
amount of the Uncollectible Obligation, the applicable week(s) of service for
which the defaulting Market Participant was initially invoiced the
Uncollectible Obligation and the future billing weekfs) in which the
Transmission Provider will uplift the Uncollectible Obligation. The
Transmission Provider will take the following steps prior to declaring an
unpaid Past Due Amount to be an Uncollectible Obligation: (i) set aside all
funds held by the Transmission Provider relative
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April !. 2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025. EL04-104-013 and EL04-10--024 (Mid-vest Independent
Transmission System Operator. Inc., 1)0 FERC «| 61,289 (2005)).
Midwest ISO
FERC Eleciric Tariff, Third Revised Volume No. 1
First Revised Sheet No. 173A
Superseding Second Substitute Original Sheet No. 173A
to the defaulting Market Participant, pending determination by Transmission
Provider's counsel and/or the appropriate bankruptcy courts as to the
appropriate disposition of such funds; (ii) seek to recover the unpaid Past
Due Amount by drawing upon the entire amount of collateral provided by
the defaulting Market Participant; (Hi) seek to recover the amount of the
unpaid Past Due Amount from any guarantor of the defaulting Market
Participant's obligations; (iv) seek to exercise other remedies under the
Credit Support Documents provided by the defaulting Market Participant;
and (v) pursue available remedies for defaults under this Section 7.
including, without limitation, initiating a filing with the Commission to
terminate the Market Participant Agreement of the defaulting Market
Participant. The Transmission Provider may deviate from the above, or
pursue alternative cost-recovery measures if it determines, in its discretion,
that doing so would be more likely to minimize the size of, or avoid, the
Uncollectible Obligation and/or uncollectible costs of enforcement or
collection. The Transmission Provider may take any alternate actions it
deems necessary to avoid the uncollectible costs of enforcement or collection
in order to reduce the uplift of the Uncollectible Obligation assessed to
Market Participants.
Issued by: Ronald R. McNamara, Issuing Oflicer
Effective-. April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditional!;- Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-1 04-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC '• 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
First Revised Sheet No. 173B
Superseding Original Sheet No. 173B
Upon declaration of the existence of an Uncollectible Obligation, the
Transmission Provider shall proceed to recover the Uncollectible Obligation
from other Market Participants in accordance with the provisions of this
Section 7.10. This Section 7.10 applies to amounts invoiced to Market
Participants pursuant to Section 7.6 and any other amounts invoiced for
Market Activities.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6.2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Mid-.vesi Independent
Transmission System Operator. Inc.. 110 FERC r 6L2S9 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. I
fa)
Second Revised Sheet No. 174
Superseding First Revised Sheet No. 174
Eligibility for Share of Uncollectible Obligation.
The Uncollectible Obligation shall be allocated by the Transmission
Provider to each Market Participant that had been invoiced by the
Transmission Provider during the same period of time as the unpaid
invoice(s) of the Market Participant whose unpaid Past Due Amount
has been declared an Uncollectible Obligation.
(b)
Uncollectible Obligation Allocation Methodology.
The formula below will be the basis for allocating the Uncollectible
Obligation to other Market Participants.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1, 2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-OI4. ER04-691-025, EL04-104-013 and EL04-]04-024 (Midwestlndependent
Transmission System Operator, Inc., 110 FERC <" 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
First Revised Sheet No. 1 75
Superseding Third Substitute Original Sheet No. 1 75
% Loss for MPA - MPA Market Charges -r Market Credits
in weekly invoicing cycle/MPALL
(Market Charges - Market Credits) in
weekly invoicing cycle
Loss Obligation of MPA = (% Loss for MPA) x S Amt of
Uncollectible Obligation.
where: MP = Market Participant
Market Charges = The absolute value of all
charge amounts associated with invoices for
Market Activities.
Market Credits = The absolute value of all
credit amounts associated with invoices for
Market Activities.
MPALL = All Market Participants other than
Market Participants with Uncollectible
Obligations.
All individual charge amounts and all individual credit amounts
invoiced for Market Activities shall be included in the calculation of
Market Charges and Market Credits. The Market Charges and
Market Credits of Market Participants with Uncollectible Obligations
will not be included in the calculation of the percentage of the loss to
be allocated to other Market Participants.
issued b>" RonaW R. McSawiwa. Issumg Officer
Effective-. April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos"ER04-69 1-014. ER04-691-025. EL04-1 04-01? and EL04-1 04-024 (Midwest Independent
Transmission System Operator, Inc.. 1 10 FERC tf 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
First Revised Sheet No. 175A
Superseding Second Substitute Original Sheet No. 175A
(c) Application of Recovered Uncollectible Obligation. Any funds that
are attributable to an Uncollectible Obligation that are recovered by
the Transmission Provider (other than amounts recovered by the uplift
of the Uncollectible Obligations) after the Uncollectible Obligation has
been uplifted pursuant to this Section 7.10 shall first be applied to
satisfy costs of enforcement and collection owed by the defaulting
Market Participant. Any remaining funds attributable to an uplifted
Uncollectible Obligation, together with any remaining interest and late
charges collected with respect to the uplifted Uncollectible Obligation,
shall be distributed pro ram to the Market Participants, using the same
formula specified under Section 7.10.b to whom the Uncollectible
Obligation was uplifted pursuant to this Section 7.10 and who satisfied
their obligation to pay the uplifted Uncollectible Obligation.
Issued by: Ronald R. McNamara. Issuing Officer
Issued on: April 6, 2005
Effective: April 1.2005
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
(d)
First Revised Sheet No. 175B
Supersedins Substitute Original Sheet No. i 75B
Cure by Market Participant. Once a Market Participant's
Uncollectible Obligation has been uplifted to other Market
Participants, the defaulting Market Participant must take the
following steps to cure its default: (i) pay all unpaid obligations to
the Transmission Provider, including, without limitation, the
amount of the Uncollectible Obligation, interest as required by
Section 7.3 and Section 7.7 and enforcement and collection costs
as required by Section 7.14(d'j; and (ii) meet the creditworthiness
requirements of the Transmission Provider, including, without
limitation, any additional financial assurances that may be required
by the Transmission Provider given the Market Participant's prior
Default.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April I. 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Mifaest Independent
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
7.11
Substitute Third Revised Sheet No. 176
Superseding Third Revised Sheet No. 176
Financial Security Required Due to Failure to Pay Invoices on Time:
Notwithstanding the provisions of the Credit Policy of the Transmission
Provider (Attachment L), there are two circumstances under which financial
security shall be required from a Tariff Customer for failure to pay invoices
when due:
1) Failure to pay a Transmission Sendee invoice within the required
payment and cure period, and
2) History of late payment.
The Financial Security requirements associated with each of these two sets
of circumstances are provided in Section 7.11.1 and Section 7.11.2,
respectively.
7.11.1 Failure to Pay a Transmission Service Invoice Within the
Required Payment and Cure Period: In the event a Tariff
Customer fails to pay a Transmission Service invoice issued in
accordance with the provisions of Section 7.1 within the required
payment period defined in Section 7.1 (e.g., seven (7) Days) and the
cure period for non-payment defined in Section 7.13(a) (e.g.. two (2)
Business Days), the Transmission Provider, or ITC where applicable,
will require Financial Security from the Tariff Customer in a form
acceptable to the Transmission Provider and in an amount equal to
the total invoiced charges for the month with the
Issued by: Ronald R. McNamara. Issuing Officer
Effective: June 11. 2005
Issued on: June 23; 2005
Filed to comply with the Commission's Order issued May 26. 2005. Midwes: Independent Transmission System
Operator, Inc."l 11 FERC f 61,250 (2005).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Original Sheet No. 176A
highest total invoiced charges over the most recent twelve months
(not including Past Due Amounts carried forward from a prior
invoice) times the ratio of sixty (60) days to thirty (30) days, or 2.00.
This requirement to provide Financial Security due to failure to pay a
Transmission Service invoice within the required payment period
and cure period is applicable to a Tariff Customer regardless of
whether the Tariff Customer was previously extended unsecured
credit by the Transmission Provider, or ITC where applicable, and/or
previously provided any Financial Security7 as part of its Total Credit
Limit. Further, the Financial Security7 required pursuant to this
Section 7.11 is in addition to any previously provided Financial
Security.
The Financial Security so provided shall be reserved to satisfy
obligations for any nature Transmission Sen-ice payment that is not
paid by the payment due date specified in Section 7.1. If, subsequent
to the date of the requirement to provide Financial Security due to a
failure to pay a Transmission Sendee invoice within the required
payment due date and cure period, all Tariff Customer payments
during the following six months are paid on time, the Financial
Security provided due to failure to pay a Transmission Service
invoice within the required payment due date and cure period will be
returned to the Tariff Customer.
Issued by: Ronald R. McNamara. Issuing Officer
Issued on: April 12, 2005
Effective: June 11. 2005
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Original Sheet No. I76B
Should the Tariff Customer again fail to pay a Transmission Service
invoice within the required payment due date and cure period
subsequent to the return of the initial Financial Security requirement
due to failure to pay a Transmission Sen-ice invoice within the
required payment due date and cure period, the Tariff Customer will
be required to immediately provide Financial Security in a form
acceptable to the Transmission Provider and in an amount equal to
the total invoiced charges for the month with the highest total
invoiced charges over the most recent twelve months (not including
Past Due Amounts carried over from prior invoices) times the ratio
of sixty (60) days to thirty7 (30) days, or 2.00. Such Financial
Security provided due to failure to pay a Transmission Service
invoice within the required payment due date and cure period will be
returned to the Tariff Customer if all subsequent Tariff Customer
payments over the next twelve months are made on time. This
process will be repeated for each subsequent event of failure to pay a
Transmission Service invoice within the required payment due date
and cure period.
Issued by: Ronald R. McNamara. Issuing Officer
Issued on: April 12,2005
Effective: June 1 1. 2005
Midwest ISO
FERC Eiectric Tariff. Third Revised Volume No. I
Original Sheet No. 176C
7.11.2 History of Late Payment: In the event that a Tariff
Customer has a history of paying its invoice late, defined as two
invoice payments made past the invoice due date within the most
recent twelve month period, the Transmission Provider, or ITC
where applicable, will require Financial Security from the Tariff
Customer in a form acceptable to the Transmission Provider and in
an amount equal to the total invoiced charges for the month with the
highest total invoiced charges over the most recent twelve months,
not including Past Due Amounts carried forward from a prior
invoice. This requirement to provide Financial Security due to a
history of late payment is applicable to a Tariff Customer regardless
of whether the Tariff Customer was previously extended unsecured
credit by the Transmission Provider, or ITC where applicable and/or
previously provided any Financial Security as part of its Total Credit
Limit. The Financial Security so provided shall be used to satisfy
obligations for payments that are past due. If, subsequent to the date
of the requirement to provide Financial Security due to a history of
late payments, all Tariff Customer payments during the following six
months arc paid on time, the Financial Security provided due to a
history of late payment will be returned to the Tariff Customer.
Issued by: Ronald R. McNamara, Issuing Officer
Issued on: April 12.2005
Effective: June 11, 200:
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. Ill
Superseding First Revised Sheet No. 177
Should the Tariff Customer again fail to pay on time subsequent to
the return of the initial Financial Security requirement due to a history of late
payments, the Tariff Customer will be required to immediately provide
Financial Security in a form acceptable to the Transmission Provider and in
an amount equal to the total invoiced charges for the month with the highest
total invoiced charges over the most recent twelve months, not including
Past Due Amounts carried over from prior invoices. Such Financial Security
provided due to a history of late payment will be returned to the Tariff
Customer if all subsequent Tariff Customer payments over the next twelve
months are made on time. This process will be repeated for each subsequent
event of failure to pay on time.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued or.: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Mid\vestlndependent
Transmission Sysiem Operator, Inc., 110 FERC r 61,289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 178
Superseding First Revised Sheet No. 178
During any period of time the Transmission Provider, or ITC if
applicable, holds a Financial Security" due to a history of late payment and
the Tariff Customer or Market Participant does not pay on time, the
Transmission Provider, or ITC if applicable, will draw upon that Financial
Security to cover any invoice not paid by the payment due date. Such
draw shall occur on the first Business Day after the payment due date.
Interest and late fees will be assessed until the Tariff Customer: (I) pays
all outstanding amounts owed, and (2) replenishes the Financial Security
to the original amount. The interest rate shall be calculated in accordance
with Section 7.3.
Issued by: Ronald R. McKamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in DocketNos. ER04-69I-014. ER04-691-025, EL04-104-013 and EL04-I04-024 (Mifr.-estlndependent
Transmission System Operator. Inc.. 110 FERC r 6K289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
7.12
Second Revised Sheet No. 179
Siroersedms First Revised Sheet No. 179
Financial Assurance Cash Collateral Accounts: All monies deposited
by a Tariff Customer as financial assurance will be held by the Transmission
Provider in a separate, interest-bearing money market account and 100% of
the interest earned will accrue to the benefit of that Tariff Customer. Interest
shall be calculated from the date of the receipt of the deposit until the date
that the deposit is returned, converted into another form of financial
assurance or applied to satisfy past due amounts owed by the Tariff
Customer. When deposits are made by mail, they shall be considered as
having been paid on the date of receipt by the Transmission Provider.
Interest accrued shall be held in the account as financial assurance until
released from the account to the Tariff Customer in accordance with this
Section 7.12 or applied to satisfy Past Due Amounts owed by the Tariff
Customer. Unless a Default exists and is continuing, interest accrued and
not applied to satisfy- Past Due Amounts owed by the Tariff Customer shall
be released from the account and paid to the Tariff Customer on a
semi-annual basis or on such other basis as determined by the Transmission
Provider in its discretion; provided that interest shall be released from the
account at least annually (unless a Default exists and is continuing). The
Transmission Provider shall have no obligation to release any interest held
bv the Transmission Provider if a Default exists and is continuing.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc... 110 FERC ": 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
7.13
Third Revised Sheet No. 180
Superseding Second Revised Sheet No. 180
Default: The occurrence at any time with respect to a Tariff Customer of
any of the following events constitutes a default ("Default") with respect to
such Tariff Customer:
(a)
Failure to Pay Section 7.1 and Section 7.2 Amounts or Failure
to provide Financial Security under Section 7.11. Failure by the
Tariff Customer to make, when due. any payment under
Section 7.1 or Section 7.2 or failure to provide Financial Security
under Section 7.11. if such failure is not remedied on or before the
second (2nd) Business Day after receipt by the Tariff Customer of a
written notice to cure such failure sent by the Transmission
Provider, or an ITC where applicable;
(b)
Failure to Pay Section 7.6 Amounts. Failure by the Tariff
Customer to make, when due. any payment under Section 7.6 of
this Tariff for any reason if such failure if not remedied on or
before the second (2nd) Business Day after the Tariff Customer's
receipt of notification to cure such failure sent by the Transmission
Provider;
Issued by: Ronald R. McKarnara. Issuing Officer
Issued on: April 12,2005
Effective: June 11. 2005
Midwest ISO
FERC Electric Tariff Third Revised Volume No. 1
(c)
Second Revised Sheet No. 181
Superseding Substitute First Revised Sheet No. 181
Failure to Perform Other Obligations. Failure by the Tariff
Customer to make, when due. any payment or comply with or
perform any agreement, obligation or requirement under this Tariff
(including, without limitation, the Transmission Provider's Credit
Policy), any of the agreements entered into by such Tariff
Customer under, pursuant to, or in connection with this Tariff or
any other agreement to which the Tariff Customer and the
Transmission Provider are parties (including, without limitation,
any Commission-approved settlement agreement to which the
Transmission Provider and the Tariff Customer are parties,
regardless of when executed and without exclusion of any
agreement entered into by such Tariff Customer under, pursuant to,
or in connection with this Tariff or any other agreement to which
the Tariff Customer and the Transmission Provider are parties
regardless of when executed; provided, however, that
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Midv.-estJndependent
Transmission System Operator, Inc., 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
First Revised Sheet No. 1S1A
Superseding Original Sheet No. 1S1A
defaults of any payment under Section 7.1 or Section 7.2 of this
Tariff shall be addressed under Section 7.13(a) of this Tariff and
any defaults of any payment under Section 7.6 of this Tariff shall
be addressed under Section 7.13(b) of this Tariff); if such failure is
not remedied on or before the later of (i) the expiration of the
applicable cure period set forth in this Tariff or the applicable
agreement, or (ii) the second (2nd) Business Day after the Tariff
Customer receives written notice to cure such failure sent by the
Transmission Provider;
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April I. 2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'EROi-691-014. ER04-691-025. EL04-104-013 and EL04-104-02-4 (Mia'west Independent
Transmission System Operator, Inc... 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
(d)
Second Revised Sheet No. 182
Superseding First Revised Sheet No. 182
Bankruptcy. The Tariff Customer (A) is dissolved f other than
pursuant to a consolidation, amalgamation or merger);
(B) becomes insolvent or is unable to pay its debts or fails or
admits in writing its inability generally to pay its debts as they
become due: (C) makes a general assignment, arrangement or
composition with or for the benefit of its creditors; (D) institutes or
has instituted against it a proceeding seeking a judgment of
insolvency or bankruptcy or any other relief under any bankruptcy
or insolvency law or similar law affecting creditors' rights, or a
petition is presented for its winding-up or liquidation, and, in the
case of any such proceeding or petition instituted or presented
against it, such proceeding or petition (1) results in the judgment of
insolvency or bankruptcy or the entry of an order for reliefer the
making of an order for its winding-up or liquidation or (2) is not
dismissed,
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 167 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-69I-014. ERO^-691-025, EL04-104-013 and EL04-104-024 (Mid^esrlndeptnden!
Transmission System Operator. Inc., 110 FERC <: 61.2S9 (2005)1.
Midwest ISO
FERC Eiectric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 183
Superseding First Revised Sheet No. 1 S3
discharged, stayed or restrained in each case within thirty (30) days
of the institution or presentation thereof; (E) has a resolution
passed for its winding-up, official management or liquidation
(other than pursuant to a consolidation, amalgamation or merger);
(F) seeks or becomes subject to the appointment of an
administrator, provisional liquidator, conservator, receiver, trustee,
custodian or other similar official for it or for all or a significant
portion of its assets; (G) has a secured party" take possession of all
or a significant portion of its assets or has a distress, execution,
attachment, sequestration or other legal process levied, enforced or
sued on or against all or a significant portion of its assets and such
secured party maintains possession, or any such process is not
dismissed, discharged, stayed or restrained, in each case within 30
days thereafter; (H) causes or is subject to any event with respect
to it which, under the applicable laws of any jurisdiction, has an
analogous effect to any of the events specified in clauses (A) to
(G) (inclusive); or (I) takes any action in furtherance of. or
indicating its consent to. approval of, or acquiescence in. any of the
foregoing acts.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1: 2005
Issued or.: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket \os" ER04-691-014, ER04-691-025, EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operamr. Inc.. 110 FERC r 61,289 {2005}).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
First Revised Sheet No. 184
Superseding Third Substitute Original Sheet No. 184
Any Default with respect to a Tariff Customer shall constitute a
Default under this Tariff (including, without limitation, the
Transmission Provider's Credit Policy), any and all agreements
entered into by such Tariff Customer under, pursuant to, or in
connection with, this Tariff and any and all other agreements to
which such Tariff Customer and the Transmission Provider are
parties (including, without limitation, any Commission-approved
settlement agreement to which the Transmission Provider and the
Tariff Customer are parties, regardless of when executed and without
exclusion of any agreement entered into by such Tariff Customer
under, pursuant to, or in connection with this Tariff or any other
agreement to which the Tariff Customer and the Transmission
Provider are parties regardless of when executed: provided, however.
that defaults of any payment under Section 7.1 or Section 7.2 of this
Tariff shall be addressed under Section 7.13(a) of this Tariff and any
defaults of any payment under Section 7.6 of this Tariff shall be
addressed under Section 7.13(b) of this Tariff). Any Tariff Customer
found to be in Default shall take all possible measures to mitigate the
continued impact of the Default, including, but not limited to,
loading its own Generation Resources to supply its own Load to the
maximum extent possible.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification ana Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-69I-014. EROi-691-025. EL04-I04-013 and EL04-104-024 (Mid^esilndependeni
Transmission System Operaior, Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Eleciric Tariff, Third Revised Volume No. 1
7.14
bubstitute Second Revised Sheet No. 184A
Superseding Second Revised Sheet No. 184A
Remedies:
(a)
Available Remedies.
(1)
If at any time a Default occurs and is continuing, the
Transmission Provider may (i) exercise the remedies set forth in
Section 7.4 and Section 7.8: (ii) except as provided in Section
7.14(a)(2), suspend any and all services a Tariff Customer in
Default receives under its Service Agreement(s). Market
Participant Agreement, other agreements anchor this Tariff
(including such Tariff Customer's access to the Energy Markets
and FTR Auction) subject to the receipt of approval from the
Commission;
Issued by: Ronald R. McNamara. Issuing Officer
Effective: March 19. 2006
Issued on: April 17,2006
Filed to comply with the Commission's directives in its March 16 Order. Mia\\.-est Independent Transmission System
Operator. Inc. 114 FERC r 61.278 (2006) and the Commission's directives in its April 10 Order Granting
Clarification, Midwest Independent Transmission System Operator. Inc. 115 FERC c 61.033 (2006).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Substitute Second Revised Sheet No. 185
Superseding Second Revised Sheet No. 185
(iiil terminate any and all other services and/or agreements,
subject to the receipt of approval to terminate and settle any and all
FTRs held by such Tariff Customer from the Commission and any
other approvals from the Commission that may be necessary: (iv)
initiate requests for any necessary Commission approvals or
consents to terminate any and all services to and agreements with
the Tariff Customer; (v) terminate and settle any and all FTRs held
by such Tariff Customer in accordance with Section 7.16 below,
subject to the receipt of approval to terminate and settle such FTRs
from the Commission; (vi) liquidate all or a portion of the Tariff
Customer's Financial Security and otherwise exercise the
Transmission Provider's rights under any or all of the Credit
Support Documents, at the Transmission Provider's discretion to
satisfy total amounts due and payable by the Tariff Customer; and
(vii) proceed to exercise any and all remedies available to the
Transmission Provider under this Tariff and/or any applicable
agreements or otherwise under applicable law.
(2)
In addition to any remedies described in Section 7.I4(a)(D,
if at any time a Default under Section 7.13(a). 7.13fb) or
Attachment L of this Tariff occurs and is continuing, the
Transmission Provider shall have the right to suspend, without
Issued by: Ronald R. McXamara. Issuing Officer
Effective: March 19, 2006
Issued on: April 17,2006
Filed to comply with the Commission's directives in its March 16 Order. Mid\\-est Independent Transmission System
Operator. Inc. 114 FERC f- 61.278 (2006) and the Commission's directives in its April 10 Order Granting
Clarification, Midwest Independent Transmission Sysrem Operator. Inc. 115 FERC ^j 61.033 (2006).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
First Revised Sheet No. 1S5A
Superseding Original Sheet No. 185A
having to obtain approval from the Commission, any and all
services the defaulting Tariff Customer receives under its Sen ice
Agreement(s). Market Participant Agreement, other agreements
and or this Tariff (including such Tariff Customer's access to the
Energy Markets and FTR Auction); provided that any such
suspension is effectuated upon one (I) Business Day notice to the
affected Tariff Customer and the Commission. Notwithstanding
the foregoing, any suspension of service to Load Serving Entities
in non-retail choice states and to retail suppliers/providers of last
resort in retail choice states shall be effectuated only upon the
receipt of approval from the Commission.
In the event of such failure to cure under this Section 7.14, the
Transmission Provider shall have the right to notify all Market
Participants, including a separate and specific notice to the
Provider of Last Resort, of a pending suspension of an individual
Market Participant. Notification of failure to cure shall be made to
all Market Participants at the same time the Transmission Provider
notifies FERC and the individual Market Participant. At such time
as the Market Participant cures said Default, the Transmission
Provider will immediately notify FERC and all other Market
Participants of such cure.
Issued by: Ronald R. McNamara. Issuing Officer
Issued on: August 11, 2006
Effective: October 10: 2006
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
(b)
Second Revised Sheet No. 186
Superseding First Revised Sheei No. 186
Non-Exclusive Remedies. No right or remedy conferred upon or
reserved to the Transmission Provider under this Tariff (including,
without limitation, the Transmission Provider's Credit Policy), any
agreement executed under, pursuant to or in connection with this
Tariff and/or an}' other agreements between the Transmission
Provider and the Tariff Customer is intended to be or is exclusive
of any other available remedy or right, but each and every remedy
shall be cumulative and concurrent and shall be in addition to
every other remedy now or hereafter existing at law or in equity.
No single or partial exercise of any power or right shall preclude
any further or other exercise of any power or right.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-104-013 and EL04-10^-024 (Mifaest Independent
Transmission System Operator. Inc.. 110 FERC *! 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
(c)
Second Revised Sheet No. 18^
Superseding First Revised Sheet No. 18"?
No Waiver. No delay or omission of the Transmission Provider to
exercise any power or right under this Tariff (including, without
limitation, the Transmission Provider's Credit Policy), any
agreement executed under, pursuant to. or in connection with this
Tariff and/or any other agreements between the Transmission
Provider and the Tariff Customer shall impair such power or right
or be construed as a waiver of any Default or an acquiescence
therein and any single or partial exercise of any power or right
shall not preclude other or further exercise thereof or the exercise
of any other power or right. Course of dealing shall not be binding
upon the Transmission Provider.
Issued by. Ronald R. McNamara. Issuing Officer
Effective1. April 1.2005
Issued on: April 6. 2005
Filed to comply with the March ] 6. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014. ER04-691-025, EL04-10M) 13 and EL04-104-02- (.\fichvesi1nelependenr
Transmission System Operator, Inc.. 110 FERC <" 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
(d)
First Revised Sheet No. 188
Superseding Second Substitute Original Sheet No. 188
Cost of Collection and Attorneys' Fees. The Tariff Customer
shall reimburse the Transmission Provider for any and all costs
incurred by the Transmission Provider, including, reasonable
attorneys' fees, in connection with enforcing any obligations of, or
collecting any amounts owed from, the Tariff Customer under this
Tariff, any agreement entered into under, pursuant to, or in
connection with this Tariff and/or any other agreement to which
the Transmission Provider and the Tariff Customer are panics.
(e)
Amounts Payable in the Event of Default. Any amount payable
to a Tariff Customer in the event of Default will, at the option of
the Transmission Provider, be reduced by its set-off against any
amount(s) payable (whether at such time or in the future or upon
the occurrence of a contingency) by the Tariff Customer to the
Transmission Provider under this Tariff, any agreement entered
into under, pursuant to, or in connection with this Tariff and/or any
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014: ER04-691-025, EL04-10^-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc., 110 FERC T 61,289 (2005)').
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. i
Second Revised Sheet No. 189
Superseding Substitute First Revised Sheet No. 189
other agreement between the Transmission Provider and the Tariff
Customer. If an obligation is not then ascertainable, the
Transmission Provider may in good faith estimate that obligation
and set-off in respect of an estimate, subject to the Transmission
Provider accounting to the Tariff Customer when the obligation is
ascertained.
7.15
Notices: All notices to be delivered under or in connection with Section 7
(other than invoices) shall be in writing and shall be deemed to have been
given and received (A) on the date of service if personally served on the
Tariff Customer, (B) on the date transmission is sent via facsimile
transmission or electronic mail, provided that telephonic, facsimile or
electronic mail confirmation of receipt is obtained promptly after completion
of transmission, (C) on the date after delivery to a nationally recognized
overnight courier service or the Express Mail service maintained by the
United States Postal Sendee, or (D) on the fifth (5th) day after mailing, if
mailed to the Tariff Customer by registered or certified mail, postage
prepaid.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ERO-i-691-025. EL04-104-013 and EL04-104-024 (MiAvestlndependenr
Transmission System Operator, Inc., 110 FERC r 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
7.16
Second Revised Sheet No. 190
Superseding First Revised Sheet No. ! 90
Closeout of FTRs: In the event of a Default as described in
Section 7.13(d)(A)!(C).(D).(E).(n or: to the extent analogous thereto, (H),
the termination of all FTRs held by the defaulting Tariff Customer shall
occur immediately upon the occurrence of such a Default, and. with respect
to a Default under Section 7.13(d) (D). as of the time immediately preceding
the institution of the relevant proceeding or the presentation of the relevant
petition. In all cases of Default other than those enumerated in the preceding
sentence, the Transmission Provider may terminate all FTRs held by the
defaulting Tariff Customer by providing not less than ten (10) days written
notice designating a day not earlier than the 10th day after the date of such
notice as the termination date for such FTRs.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1. 2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-] 04-013 and ELO^-104-024 (Midwest Independent
Transmission System Operator. Inc., 110 FERC T 61.289 (2005)).
Midwest ISO
FERC Electric Tariff Third Revised Volume No. 1
Second Revised Sheet No. 191
Superseding First Revised Sheet No. 191
On or as reasonably practicable following the last date that an FTR
held by the Tariff Customer would have lapsed had the FTR not been
terminated due to a Default, the Transmission Provider will make the
calculations necessary to determine the Settlement Amount, as defined
below, and will provide the Tariff Customer with a statement (i) showing, in
reasonable detail, such calculations and (ii) giving details of the relevant
FTR to which any amount payable is to be paid. The Settlement Amount
will be payable on the second Business Day after the notice of the amount
payable.
The ''Settlement Amount"' will be equal to the total of (i) the
amount that the Transmission Provider reasonably determines in good
faith to be its total losses and costs (or gain, in which case it shall be
expressed as a negative number) in connection with termination of the
FTRs held by the Market Participant upon a Default plus (ii) all unpaid
amounts that the Tariff Customer owes (or is obligated to pay to) the
Transmission Provider, minus (iii) all unpaid amounts that the
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos*ER04-691-014. ER04-691-025: EL04-10^-013 and EL04-104-024 (Michvesilndependent
Transmission Sysiem Operator. Inc., 1 10 FERC c 61.2S9 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 192
Superseding First Revised Sheet No. 192
Transmission Provider owes (or is obligated to pay) to the Tariff
Customer. The total losses and costs in (i) above will be calculated for
each FTR on the basis of. at the discretion of the Transmission Provider.
either or a combination of (A) the amounts that would have been owed to
and by the Tariff Customer with respect to the FTRs had such FTRs not
terminated or (B) the amounts paid by or to purchasers of substantially
similar FTRs at auctions administered by the Transmission Provider or in
arms length transactions. If the Settlement Amount is a positive number,
the Tariff Customer will pay it to the Transmission Provider; if it is a
negative number, the Transmission Provider will pay the absolute value of
that amount to the Tariff Customer. In circumstances where a Default
occurs in connection with a bankruptcy, the amount determined under this
Section will be subject to such adjustments as are appropriate and
permitted by law. As losses and costs become determinable, the
Transmission Provider will calculate the net amount of the determinable
losses and costs on a weekly basis. If the net amount is a gain, the amount
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order or. Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Midwst Independent
Transmission System Operator Inc.. 110 FERC «| 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 193
Superseding First Revised Sheet No. 193
of the gain will be placed in an interest bearing account (the "Settlement
Account"). The Settlement Account will be adjusted weekly as additional
losses and costs become deienninable. Any interest that accumulates with
respect to the Settlement Account will be included in the calculation of
total net losses and costs as a negative cost or gain amount.
7.17
Recoupment, Setoff and Netting: This Tariff (including, without
limitation, the Transmission Provider's Credit Policy) and all agreements
entered into under, pursuant to, or in connection with this Tariff and any
other agreements to which the Transmission Provider and the Tariff
Customer are parties shall be viewed as a single agreement and the
Transmission Provider shall have the right of setoff and recoupment with
respect to all amounts that arise under this Tariff and/or any such
aareements.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission Sysietn Operator, Inc.. 110 FERC \ 61.289 {2005}).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 194
Superseding Firsi Revised Sheet No. 194
The Transmission Provider shall have the right to recoup and/or
setoffany amounts to be paid to the Transmission Provider by a Tariff
Customer (including, without limitation, amounts to be settled, billed,
collected and distributed by the Transmission Provider) against any amounts
to be paid to the Tariff Customer by the Transmission Provider (including,
without limitation, amounts to be settled, billed, collected and distributed by
the Transmission Provider), whether such amounts arise under this Tariff,
any agreement entered into under, pursuant to, or in connection with this
Tariff and/or any other agreement to which the Transmission Provider and
the Tariff Customer are parties.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1. 2005
Issued on: April 6,2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-104-OI3 and EL04-104-024 (MiArestlndependent
Transmission System Operator. Inc.. 110 FERC \ 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 195
Superseding First Revised Sheet No. 195
If on any date amounts, including, without limitation, payment allocations,
debts, or other damages, prior period adjustments, interest or credits, are
due and payable by the Tariff Customer, on the one hand, and the
Transmission Provider, on the other, the Transmission Provider may
automatically satisfy and discharge the obligation of the Transmission
Provider to make payment of any such amount to Tariff Customer to the
extent of the amount of the obligation of the Tariff Customer to make
payment to the Transmission Provider by netting the aggregate amount
payable by the Tariff Customer against the aggregate amount payable by
the Transmission Provider to the Tariff Customer and replacing those
payment obligations with a single payment obligation by the Transmission
Provider or the Tariff Customer (whichever owes the larger such
aggregate amount) to pay the net difference between such aggregate
amounts on the applicable payment date. The rights of the Transmission
Provider under this Section shall be in addition to its rights of setoff and
other rights and remedies under this Tariff any other agreement or
applicable law.
Issued by: Ronald R. McXamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025: ELO^-104-013 and ELO--104-024 (Midwest Independent
Transmission System Operator, Inc.. 110 FERC •; 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
7.18
First Revised Sheet No. 195A
Superseding Substitute Original Sheet No. 195A
Mitigation Obligation: Any Tariff Customer with respect to whom a
Default has occurred under this Tariff shall take all possible measures to
mitigate the continued impact of the Default on the other Tariff Customers
not in Default, including, but not limited to. loading its own generation to
supply its own load to the maximum extent possible.
Issued by: Ronald R. McNarnara, Issuing Officer
Effective: April \, 2005
Issued on: April 6. 2005
Filed 10 comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-69I-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc., 110 FERC ^ 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
8
Second Revised Sheet Xo. 196
Superseding First Revised Sheet No. !96
Accounting for Use of the Tariff
The Transmission Provider. ITC ITC Participants, and Transmission Owner(s) shall
record the following amounts, as outlined below, where applicable.
8.1
[RESERVED]
8.2
Study Costs and Revenues: Include in a separate transmission operating
expense account or subaccount, costs properly chargeable to expense that
are incurred relating to any System Impact Studies or Facilities Studies
which the Transmission Owner, ITC. or ITC Participant conducts or is
involved in to determine if it must construct new transmission facilities or
upgrades necessary for its own uses, including making Third-Party Sales
under this Tariff; and include in a separate operating revenue account or
subaccount the revenues received for System Impact Studies or Facilities
Studies performed or that the Transmission Owner, ITC; or ITC
Participant was involved in when such amounts are separately stated and
identified in the Transmission Customer's billing under this Tariff.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in DocketNos. ER04-691-014. ER04-691-025. EL04-i04-013 and EL04-104-024 i Midwest'Jndependeni
Transmission System Operator, Inc.. 110 FERC r 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
9
Second Revised Sheet No. 191
Suoersedine First Revised Sheet No. 19"
Regulatory Filings
Other than Appendix K of the ISO Agreement and the Settlement Agreement
Between Transmission Owners and the Transmission Provider on Section 205 filing
rights filed with the Commission on November 30. 2004 in Docket Nos. RT01-87,
ER02-106. and ER02-108. nothing contained in this Tariff, any Service Agreement or
any Market Participant Agreement shall be construed as affecting in any way the right of
the Transmission Provider, ITC. ITC Participant(s) or Transmission Owner(s) to
unilaterally make application to the Commission for a change in rates, terms and
conditions, charges, classification of service. Service Agreement, Market Participant
Agreement, rule or regulation under § 205 of the Federal Power Act and pursuant to the
Commission's rules and regulations promulgated thereunder; provided, however, the
Transmission Provider and the Transmission Owners are restricted in their ability to
make certain changes as detailed in the ISO Agreement. The ITC, and not the
Transmission Provider, shall be authorized to make unilateral applications for changes in
ITC Rate Schedules, and any rate, term, condition, charge, classification of service, rule
or regulation of such ITC Rate Schedules.
Nothing contained in the Tariff, any Service Agreement, or any Market
Participant Agreement shall be construed as affecting in any way the ability of any Party
receiving service under the Tariff to exercise its rights under the Federal Power Act and
pursuant to the Commission's rules and regulations promulgated thereunder.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Mi^est Independent
Transmission System Operator. Inc., 110 FERC r 61.2S9 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
10
Second Revised Sheer No. 198
Superseding First Revised Sheet No. 198
Force Majeure, Indemnification, and Limitations of Liability and Damages
10.1
Force Majeure: An event of Force Majeure means any act of God, labor
disturbance; act of the public enemy, war, insurrection, riot, fire, storm or
flood, cxplosion: breakage or accident to machinery or equipment, any
Curtailment, order, regulation or restriction imposed by governmental
military7 or lawfully established civilian authorities, or any other cause
beyond a Party's control. A Force Majeure event does not include an act
of negligence
or intentional wrongdoing.
Neither the Transmission
^ ^
O
^
Provider. ITC, ITC Participants), the Transmission Owner(s), the
Transmission Customer. Interconnection Customer. Interconnecting
Transmission Owner nor the Market Participant will be considered in
default as to any obligation under this Tariff if prevented from fulfilling
the obligation due to an event of Force Majeure. However, a Party7 whose
performance under this Tariff is hindered by an event of Force Majeure
shall make all reasonable efforts to perform its obligations under this
Tariff.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos" ER04-691-014. ER04-691 -025. EL04-104-013 and EL04-104-024 (\1id\vest Independent
Transmission Svstem Operator. Inc., 110 FERC r 61.289 (2005)').
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
10.2
Substitute Second Revised Sheet No. 199
Superseding Second Revised Sheet No. 199
Indemnification by Transmission Customer and Market Participant:
The Transmission Customer and the Market Participant shall at all times
indemnify, defend and save the Transmission Provider. ITC ITC
Participant(s). Interconnection Customer, Interconnecting Transmission
Owner and Transmission Owner(s) harmless from, any and all damages,
losses, claims, including claims and actions relating to injury to or death of
any person or damage to property, demands, suits, recoveries, costs and
expenses, court costs, attorney fees, and all other obligations by or to third
parties, arising out of or resulting from the Transmission Provider's,
ITC's. ITC Participant's; Interconnection Customer, Interconnecting
Transmission Owner or Transmission Owner's performance of its
obligations under this Tariff on behalf of the
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Kos. ER04-691 -014; ER04-691 -025, EL04-104-013 and EL04-104-024 <Midwest Independent
Transmission System Operator. Inc., 110 FERC J 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 200
Superseding First Revised Sheet No. 200
Transmission Customer and the Market Participant except in cases of
negligence or intentional wrongdoing by the Transmission Provider, ITC
ITC Participant. Interconnection Customer. Interconnecting Transmission
Owner or a Transmission Owner. If the Transmission Provider or ITC
engages in negligence or intentional wrongdoing: but the Transmission
Owner(s) or ITC Participant(s) does (do) not. that will not affect the
indemnification of the Transmission Owner(s') under this
Module A, Section 10.2 and vice-versa.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-IO-i-013 and EL04-104-024 (Mith-est Independent
Transmission System Operator. Inc.. 110 FERC r 6L289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
10.3
Substitute Third Revised Sheet No. 201
Superseding Third Revised Sheet No. 201
Limitation of Liability Regarding Transmission Owner and
Transmission Provider:
(a)
The Transmission Owner shall not be liable, whether based on
contract, indemnification, warranty, equity, tort, strict liability or
otherwise, to any Transmission Customer Market Participant;
User. Interconnection Customer. Interconnecting Transmission
Owner or any third party7 or other person for any damages
whatsoever, including, without limitation, direct, incidental,
consequential (including, without limitation, attorneys' fees and
litigation costs), punitive, special, multiple, exemplary or indirect
damages arising or resulting from any act or omission in any way
associated with service provided under this Tariff, including, but
not limited to. any act or omission that results in an interruption,
deficiency or imperfection of service, except to the extent that the
Transmission Owner is found liable for gross negligence or
intentional misconduct, in which case the Transmission Owner will
only be liable for direct damages. Nothing in this section,
however, is intended to affect obligations otherwise provided in
agreements between the Transmission Provider and Transmission
Owner.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: October 17, 2005
Filed to comply with the June 7. 2005 Order Granting Clarification And Conditionally Accepting Compliance Filing
in Docket Xos. ER04-691 -031, -032. -033 and EL04-104-029. -030 and -031 (Midwest Independent Transmission
System Operator, Inc., El al, 111 FERC \ 61,367 (2005V) and the September 30. 2005 Letter Order regarding
effective date of the Tariff sheets.
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
(b)
Substitute Third Revised Sheet No. 202
Superseding Third Revised Sheet No. 202
The Transmission Provider shall not be liable, whether based on
contract, indemnification, warranty; equity, tort, strict liability or
otherwise, to any Transmission Customer, Market Participant,
User, Interconnection Customer, Interconnecting Transmission
Owner or any third party or other person for any damages
whatsoever, including, without limitation, direct, incidental,
consequential (including, without limitation, attorneys" fees and
litigation costs), punitive, special, multiple, exemplary or indirect
damages arising or resulting from any act or omission in any way
associated with sendee provided under this Tariff, including, but
not limited to. any act or omission that results in an interruption,
deficiency or imperfection of sendee, except to the extent that the
Transmission Provider is found liable for gross negligence or
intentional misconduct, in which case the Transmission Provider
will only be liable for direct damages. Nothing in this section,
however, is intended to affect obligations otherwise provided in
agreements between the Transmission Provider and Transmission
Owner.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1. 2005
Issued on: October 17, 2005
Filed to comply with the June ?. 2005 Order Granting Clarification And Conditionally Accepting Compliance Filing
in Docket Nos. ER04-691-031. -032. -053 and EL04-104-029, -030 and -031 (Mid\vesi Independent Transmission
System Operator. Inc.. Et al. Ill FERC r 61.367 ('2005)1 and the September 30. 2005 Letter Order regarding
effective date of the Tariff sheets.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
(c)
Substitute Third Revised Sheet No. 203
Superseding Third Revised Sheet No. 203
Neither the Transmission Owner nor the Transmission Provider
shall be liable for damages arising out of services provided under
this Tariff, including, but not limited to. any act or omission that
results in an interruption, deficiency or imperfection of sen-ice.
occurring as a result of conditions or circumstances beyond the
control of the Transmission Owner or Transmission Provider, as
applicable, or resulting from electric system design common to the
domestic electric utility industry or electric system operation
practices or conditions common to the domestic electric utility
industry. Transmission Owner shall not be liable for acts or
omissions done in compliance or good faith attempts to comply
with directives of Transmission Provider.
(d)
The provisions of this Section 10.3 shall not affect responsibilities
among parties otherwise provided for in agreements executed prior
to October 30. 2004.
Issued by: Ror.ald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: October 17, 2005
Filed to comply with the June 7. 2005 Order Granting Clarification And Conditionally Accepting Compliance Fi'ina
in Docket Nos. ER04-691-031. -032, -033 and EL04-104-029, -030 and -031 (Mid\ve'st Independent Transmission
System Operator, Inc.. Et a!.. Ill FERC r 61.367 (2005)) and the September 30. 2005 Letter Order regarding
effective date of the Tariff sheets.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No.
10.4
Substitute Third Revised Sheet No. 204
Superseding Third Revised Sheet No. 204
[Reserved]
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1. 2005
Issued on: October 17. 2005
Filed to comply with the June 7. 2005 Order Granting Clarification And Conditionally Accepting Compliance Filing
in Docket Nos. ER04-691 -03 L -032, -033 and EL04-104-0297 -030 and -031 (Midwesi Independent Transmission
System Operator. Inc., Eta!., Ill FERC ^61.367 (2005V) and the September 30. 2005 Letter Order regarding
effective date of the Tariff sheets.
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
10.5
Substitute Third Revised Sheet No. 205
Superseding Third Revised Sheet No. 205
Inclusion of Independent Transmission Companies: For purposes of,
Module A Section 10.3 above, independent transmission companies under
Appendix I of the ISO Agreement shall be included in the definition of
"Transmission Owner" as used therein and such limitations of liability and
damages shall be applicable to those entities.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: October 17. 2005
Filed to comply with the June 7. 2005 Order Granting Clarification And Conditionally Accepting Compliance Filing
in Docket Nos'ER04-691-031; -032, -033 and EL04-104-029, -030 and -031 (Michvest Independent Transmission ~
System Operator, Inc.. Etal. 111 FERC r 61.367 ('2005!) and the September 30. 2005 Letter Order regarding
effective date of the Tariff sheets.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
10.6
bubstitute Original Sheet No. 205A
Superseding Original Sheet No. 2G5A
Limitations of Liability Regarding Control Area Operators
10.6.1 Limitation of Liability:
a.
For the purposes of this Section 10.6,
i.
the term "Control Area Operator" shall mean ail
entities performing the balancing functions listed in
the Balancing Authority Agreement cither directly
or indirectly through an agent or contractor, and
which are signatories to the aforementioned
agreement (other than the Transmission Provider)
and
ii.
the term "Representatives" shall mean, with respect
to any entity, such entity's officers, shareholders,
directors, agents, contractors, employees, and
members (i.e.. cooperative members and municipal
joint action agency members). Control Area
Operators that have not signed the Balancing
Authority Agreement are not eligible for the waiver
of liability described in this Section.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 67 2005
Filed to comply with the March 16. 2005 Order or. Certification and Conditionally Approving. Revised Tariff Sheets
in Docket Nos. ER04-691-OU, ER04-691-025, EL04-104-013 and EL04-104-024 (Michvesi Independent
Transmission System Operator, Inc., 110 FERC - 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
b.
Substitute Original Sheet No. 205B
Siroeisedine Original Sheet No. 205B
The Control Area Operator, its Representatives; and the
Transmission Provider shall not be liable, whether based on
contract, indemnification; warranty, equity, tort, strict
liability-• or otherwise,- to anv Transmission Customer or
Market Participant or any of their Representatives
including, without limitation, direct, incidental.
consequential (including, without limitation, attorneys' fees
and litigation costs), punitive, special, multiple, exemplary
or indirect damages arising or resulting from any act or
omission in any way associated with this Tariff including,
but not limited to, any act or omission that results in an
interruption, deficiency or imperfection of service, except
to the extent that the Control Area Operator or its
Representatives or the Transmission Provider is found
liable for gross negligence or intentional misconduct, in
which case the Control Area Operator or its
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014. ER04-691-025, EL(K-104-013 and ELO-M04-024 (Midwest Independent
Transmission System Operaior, Inc.. \ 10 FERC 1 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Substitute First Revised Sheet No. 205C
Superseding First Revised Sheet No. 205C
Representatives or the Transmission Provider shall only
be liable for direct damages. Nothing in this section,
however, is intended to affect obligations otherwise
provided in agreements between the Transmission
Provider and Control Area Operator.
c. The Control Area Operator and its Representatives and
the Transmission Provider shall not be liable for
damages arising out of actions under this Tariff,
including, but not limited to. any act or omission that
results in an interruption, deficiency or imperfection of
service, occurring as a result of conditions or
circumstances beyond the control of the Control Area
Operator or its Representatives or the Transmission
Provider, as applicable, or resulting from electric
system design common to the domestic electric utility
industry or electric system operation practices or
conditions common to the domestic electric utility7
industrv.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1. 2005
Issuedon: October 17. 2005
Filed to comply with the June "7. 2005 Order Granting Clarification And Conditionally Accepting Compliance Filing
in Docket Nos'ER04-691-031. -032. -033 and EL04-104-029, -030 and -031 (Mid^s! Independent Transmission "
System Operator, Inc., El al.. Ill FERC*' 61.36"? (2005:0 and the September 30. 2005 Letter Order regarding
effective date of the Tariff sheets.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
d.
Substitute Original Sheet No. 205D
Superseding Original Sheet No. 205D
The Control Area Operator and its Representatives shall not
be liable for acts or omissions done in compliance or good
faith attempts to comply with directives of the
Transmission Provider.
e.
The limitations of liability and damages set forth in this
Section shall also apply to entities that take responsive
action to implement or comply with the directives or needs
of the Transmission Provider or Control Area Operator
relating to the performance of the Balancing Authority
Agreement.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6: 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos*ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Micfaestlndependera
Transmission System Operator. Inc.. 110 FERC «j 61.289 (2005)1.
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
10.7
Substitute First Revised Sheet No. 205E
Superseding First Revised Sheet No. 205E
Limitations of Liability Regarding Market Participants and
Generation Owners: The provisions on limitation of liability and
damages, and on indemnification, set forth in Sections 10.2. 10.3 and 10.6
shall be applicable to Market Participants and Generation Owners acting
in good faith to implement or comply with the directives of the
Transmission Provider.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued OR: October 17, 2005
Filed to comply with the June ". 2005 Order Granting Clarification And Conditionally Accepting Compliance Filing
in Docket Nos. ER04-691-031, -032, -033 and ELG4-10^-029. -030 and -033 (Midwest independent Transmission
System Operator, Inc., El a!.. Ill FERC r 61,367 (2005)) and the September 30: 2005 Letter Order regarding
effective date of the Tariff sheets.
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. !
11
Second Revised Sheet No. 206
Superseding Substitute First Revised Sheet No. 206
Creditworthiness
11.1
Credit Review Procedures: For the purpose of determining the ability of
the Transmission Customer and the Market Participant to meet their
obligations related to service hcrcunder, the Transmission Provider may
require reasonable credit review procedures. The official credit policy for
this Tariff is found in Attachment L. This review shall be made in
accordance with standard commercial practices. In addition, the
Transmission Provider may require the Transmission Customer and the
Market Participant to provide and maintain in effect during the term of the
Service Agreement or Market Participant Agreement, credit support,
including but not limited to the Transmission Provider credit agreement,
unconditional corporate guaranty (if applicable), letter of credit, or cash
deposit as security to meet its responsibilities and obligations under the
Tariff, or an alternative form of security agreeable to the Transmission
Customer or Market Participant and the Transmission Provider and
consistent with commercial practices established by the Uniform
Commercial Code that protects the Transmission Provider and ITC(s)
against the risk of non-payment. The Transmission Provider shall develop
creditworthiness standards and publish them on the OASIS and on the
Transmission Provider's Internet webpage.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-69I-014, ER04-691-025. EL04-104-OI3 and EL04-104-024 (Midwesilndependent
Transmission System Operator. Inc., 110 FERC r 61.2S9 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
12
Substitute Third Revised Sheet No. 20"
Superseding Third Revised Sheet No. 20"
Dispute Resolution Procedures
Any dispute between a Transmission Customer or a Market Participant and the
Transmission Provider and or an ITC. except those expressly set out in this section, shall
be resolved in accordance with the provisions of Attachment HH (Dispute Resolution
Procedures) of this Tariff. Those disputes that are not subject to Attachment HH of this
Tariff are. as follows:
a.
Applications for rate changes or other changes to the Tariff or any
Sendee Agreement or to any Market Participant Agreement entered into
under this Tariff shall be presented directly to the Commission for
resolution;
b.
Billing disputes on Transmission Sendee brought within ninety
(90) days of invoice, which are governed initially by the Transmission
Service Billing Dispute Resolution Manual and then, if necessary, by
Attachment HH of this Tariff;
c.
Disputes under Module C brought within one hundred fifteen (115)
days of Operating Day. which are governed initially by the Business
Practices Manual for Market Settlements and then, if necessary, by
Attachment HH of this Tariff.
Issued by: Ronald R. McXamara. Issuing Officer
Issued on: March 16.2006
Effective: May 1. 2006
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Sixth Revised Sheet No. 208
Superseding Fifth Revised Sheet No. 208
The Business Practices Manuals referenced herein are available for
inspection by the Transmission Customers, regulatory authorities with
jurisdiction over the Transmission Provider, ITC. Transmission Customer.
and the public and are posted on the Transmission Provider website.
Issued by: Ronald R. McNamara, Issuing Officer
Issued on: March 1.2006
Effective: May L 2006
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 3
Third Revised Sheet No. 209
Superseding Second Revised Sheet No. 209
RESERVED FOR FUTURE USE
Issued by: Ronald R. McKamara. Issuing Officer
Issued on: March 1.2006
Effective: May L 2006
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Third Revised Sheet No. 210
Superseding Second Revised Sheet No. 210
RESERVED FOR FUTURE USE
Issued by: Ronald R. McNamara. Issuing Officer
Issued on: March 1. 2006
Effective: May 1. 2006
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Third Revised Sheet No. 211
Superseding Second Revised Sheei No. 211
RESERVED FOR FUTURE USE
Issued by: Ronald R. McNamara. Issuing Officer
Issued on: March 1.2006
Effective: May 1, 2006
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. i
12 A
First Revised Sheet No. 212
Superseding Second Substitute Original Sheet No. 212
[RESERVED]
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March i 6, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Miehvest Independent
Transmission Svstem Operator Inc.. 110 FERC «j 61.289 (2005)1.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
First Revised Sheet No. 213
Superseding Second Substitute Original Sheet No. 213
[RESERVED FOR FUTURE USE]
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-104-013 and EL04-104-024 (Mid-.vesiJndependem
Trans-mission System Operator. Inc., 110 FERC *i 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
First Revised Sheet No. 214
Superseding Second Substitute Original Sheet No. 214
[RESERVED FOR FUTURE USE]
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos' ER04-691-014. ER04-691 -025. EL04-104-013 and EL04-104-024 (Midwest "independent
Transmission System Operator, Inc., 110 FERC • 61.289 {2005)1.
Midwest ISO
FERC Electric Tariff Third Revised Volume No. 1
First Revised Sheet No. 215
Superseding Second Substitute Original Sheet No. 215
[RESERVED FOR FUTURE USE]
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
inDocketNos"ER04-691-014. ER04-691-025,EL04-I04-013andEL04-104-024{,^
Transmission System Operator, Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
12B
Second Revised Sheet No. 216
Superseding First Revised Sheet No. 216
Participation by the United States
12B.1 Subject to Acts of Congress
The participation by the United Stales through the Western Area Power
Administration, or other Federal entity, in this Tariff is subject in all respects to
acts of Congress and to regulations of the Secretary of Energy established
thereunder, and to rate schedules promulgated by the Secretary of Energy. This
reservation includes, but is not limited to, the statutory limitations upon the
authority of the Secretary of Energy to submit disputes arising under this Tariff to
arbitration. In the event of a conflict between these federal participation
provisions and any other provision of this Tariff, these federal participation
provisions shall have precedence with respect to the application of this Tariff to
the United States.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (MidwestJndependent
Transmission System Operator, Inc.. 110 FERC r 61.289 (2005V).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet \o. 217
Superseding First Revised Sheet No. 21"
12B.2 Contingent Upon Appropriations
Where activities provided for in this Tariff extend beyond the current
fiscal year, continued expenditures by the United States are contingent upon
Congress making the necessary appropriations required for the continued
performance of the obligations of the United States under this Tariff. In case such
appropriation is not made, the PartiesCustomers hereby release the United States
from its contractual obligations under this Tariff and from all liability due to the
failure of Congress to make such appropriation.
12B.3 Covenant Against Contingent Fees
The Parties/Customers warrant that no person or selling agency has been
employed or retained to solicit or secure the contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee.
excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Contractor for the purpose of securing business. For
breach or violation of this warranty, the United States shall have the right to annul
the contract without liability or in its discretion to deduct from the contract price
or consideration the full amount of such commission, percentage, brokerage, or
contingent fees.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in DocketNos. ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Midwestlndependent
Transmission System Operator, Inc.. \ 10 FERC *" 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. I
Second Revised Sheet No. 218
Superseding First Revised Sheet No. 218
12B.4 Contractor Agreement
For the purpose of this federal participation provision, the term "Contract"
shall mean this Tariff and the term "Contractor" shall mean a Party "Customer
having transactions with the Western Area Power Administration, or other
Federal entity. During the performance of this Contract, the Contractor agrees to
the following provisions. In addition, the Contractor will include the following
provisions in every subcontract or purchase order involving the Western Area
Power Administration or other Federal entity, unless exempted by rules,
regulations or order of the Secretary7 of Labor.
Issued by: Ronald R. McN'amara. Issuing Officer
Effective: April 1. 2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-104-013 and EL04-1 04-024 (A-fidnesi Independent
Transmission System Operator, Inc.. 110 FERC * 61,289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
12C
First Revised Sheet No. 219
Superseding Original Sheet No. 219
Employment Practices
12C.1 Equal Opportunity Employment Practices
Section 202 of Executive Order No. 11246, 30 Fed. Reg. 12319 (1965), as
amended by Executive Order No. 12086, 43 Fed. Reg. 46501 (1978). which
provides, among other things, that the Contractor will not discriminate against any
employee or applicant for employment because of race, color, religion, sex. or
national origin; is incorporated by reference in the Contract.
12C.2 Contract Work Hours and Safety Standards
The Contract, to the extent that it is of a character specified in Section 103
of the Contract Work Hours and Safety Standards Act ("Act"), 40 U.S.C. § 329
(1986, Supp. 1999), is subject to the provisions of the Act, 40 U.S.C. § 327-333
(1986 Supp. 1999). and to regulations promulgated by the Secretary of Labor
pursuant to the Act.
12C.3 Use of Convict Labor
The Contractor agrees not to employ any person undergoing sentence of
imprisonment in performing the Contract except as provided by
18 U.S.C. § 4082 (c) (2) (1986. Supp. 1999) and Executive Order 11755, 39 Fed.
Reg. 779 (1973). as amended.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1. 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-OU, ER04-69I-025. ELO--104-013 and EL04-104-024 (Midwest Independent
Transmission Sysiem Operator. Inc., 110 FERC T. 61.289 (2005)1.
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
12D
Second Revised Sheet No. 220
Superseding First Revised Sheet No. 220
ITC Public Power Participation
12D.1 Subject to State Laws and Regulations and Public Power Rate
Schedules
The participation in this Tariff by an ITC Participant that is not a public
utility under the Federal Power Act, but rather is a public-power entity, is subject
in all respects to the laws and regulations of the state of its creation and to rate
schedules adopted by its governing board under state law. The Commission has
exclusive jurisdiction to interpret the provisions of this Tariff and how the
provisions apply to such public-power entity(ies). In the event of a conflict
between such state law. regulations or rate schedules with any provisions of this
Tariff, such state law, regulations or rate schedules shall govern with respect to
the application of this Tariff to said ITC Participant.
However, in the event that the governing board of such public-power
entity(ies). subject to state court review, determines that a conflict exists between
the applicable state law. regulations or rate schedules and provisions of this Tariff
as interpreted by the Commission, such state law, regulations or rate schedules
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April I. 2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025. EL04-104-013 and EL04-] 04-02-1 (Miehvest Independent
Transmission System Operator, Inc., 110 FERC T 61,289 (2005)1.
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet Xo. 221
Superseding First Revised Sheet Xo. 221
shall govern with respect to the application of this Tariff to such public-power
entity(ies). Should the governing board of such public-power entity(ies)
determine that such a conflict exists, the public-power entityhes) must file with
the Commission, such necessary documents notifying the Commission of the
governing board determination of such a conflict and explaining both the conflict
(including what state law. regulations or rate schedules and what Tariff provisions
are at issue) and what actions the governing board is taking in response to that
determination.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-OI4. ER04-691-025. ELO^-104-013 and EL04-104-024 (\fid\vesi Independent
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)1.
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 222
Superseding Substitute First Revised Sheet No. 222
MODULE B - TRANSMISSION SERVICE
I.
INTRODUCTION
The Transmission Provider shall provide Point-To-Point and Network Integration
Transmission Sen-ice pursuant to the applicable terms and conditions of this Tariff.
Point-To-Point Transmission Service is for the receipt of capacity and Energy at designated
Point(s) of Receipt and the transmission of such capacity and energy to designated Point(s) of
Deliver)7. Network Integration Transmission Service allows the Network Customer to integrate,
economically dispatch and regulate its current and planned Network Resources to serve its
Network Load in a manner comparable to that in which Transmission Owners utilize the
Transmission System to serve their Native Load or other Network Customers.
Any Eligible Customer requesting Transmission Service under this Module B may be
eligible to request and receive FTRs associated with such request pursuant to the provisions of
Module C of this Tariff. Any Eligible Customer seeking to request or receive FTRs must be a
Market Participant.
II.
POINT-TO-POINT TRANSMISSION SERVICE
Preamble
The Transmission Provider will provide Firm and Non-Firm Point-To-Point
Transmission Service pursuant to the applicable terms and conditions of this Tariff. An ITC may
provide Firm and Non-Firm Point-To-Point Transmission Service pursuant to the ITC Rate
Schedule under this Tariff where both the Point of Receipt and the Point of Delivery are on the
ITC System, provided that the Transmission Customer has executed an appropriate Service
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued or.: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-OK. ER04-691-025, EL04-104-013 and EL04-104-024 (Mid-vest Independent
Transmission System Operator, Inc., 110 FERC 1j 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 223
Superseding First Revised Sheet No. 223
Agreement with the Transmission Provider. Point-To-Point Transmission Service is for the
receipt of Energy at designated Point(s) of Receipt and the transmission of such Energy to
designated Point(s) of Delivery. Point-To-Point Transmission Service customers with Point(s) of
Receipt and Point! s) of Delivery located within the Transmission System (Michigan) may obtain
Point-To-Point Transmission Service under Schedule 7 - Michigan and Schedule 8 - Michigan
of this Tariff
13
Nature of Firm Point-To-Point Transmission Service
13.1
Term
The minimum term of Firm Point-To-Point Transmission Sen-ice shall be
one (1) day and the maximum term shall be specified in the Sen-ice Agreement.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order or. Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014. ERO^-691-025, EL04-104-013 and EL04-] 04-024 (\fid\i-estlndependent
Transmission System Operator, Inc., 110 FERC r 61.289 (2005)}.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
13.2
Second Revised Sheet No. 224
Superseding First Revised Sheet No. 224
Reservation Priority
Long-Term Firm Point-To-Point Transmission Service shall be available
on a first-come, first-served basis i.e.. in the chronological sequence in which
each Transmission Customer has reserved service. Reservations for Short-Term
Firm Point-To-Point Transmission Service will be conditional based upon the
length of the requested transaction. If the Transmission System becomes
oversubscribed, requests for longer-term service may preempt requests for
shorter-term service that involve the same source or sink Control Area or
controllable device/contract path interface up to the following deadlines: one day
before the commencement of daily service; one week before the commencement
of weekly service: and one month before the commencement of monthly service.
Before the conditional reservation deadline, if Available Transfer Capability7 is
insufficient to satisfy all Applications, an Eligible Customer with a reservation for
shorter-term service has the riaht of first refusal to match anv
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1. 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos*ER04-69I-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Mid-A-est Independent
Transmission System Operator. Inc., 110 FERC r 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 225
Superseding First Revised Sheet No. 225
longer-term reservation before losing its reservation priority. A longer-term
competing request for Short-Term Firm Point-To-Point Transmission Service will
be granted if the Eligible Customer with the right of first refusal does not agree to
match the competing request within twenty-four (24) hours (or earlier if necessary
to comply with the scheduling deadlines provided in Section 13.8) from being
notified by the Transmission Provider of a longer-term competing request for
Short-Term Firm Point-To-Point Transmission Service. After the conditional
reservation deadline, sendee will commence pursuant to the terms of this Tariff.
Firm Point-To-Point Transmission Service will always have a reservation priority
over Non-Firm Point-To-Point Transmission Service under the Tariff. All
Long-Term Firm Point-To-Point Transmission Service will have equal reservation
priority with Native Load Customers and Network Customers. Reservation
priorities for existing firm service customers are provided in Section 2.2.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025: EL04-104-013 and EL04-10^-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC *j 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
13.3
[RESERVED]
13.4
Service Agreements
Second Revised Sheet No. 226
Superseding First Revised Sheet No. 226
The Transmission Provider shall offer a standard form Firm
Point-To-Point Transmission Service Agreement to an Eligible Customer when it
submits a Completed Application for Long-Term Firm Point-To-Point
Transmission Service. The Transmission Provider shall offer a standard form
Firm Point-To-Point Transmission Service Agreement to an Eligible Customer
when it first submits a Completed Application for Short-Term Firm
Point-To-Point Transmission Service pursuant to this Tariff. Executed Service
Agreements that contain the information required under the Tariff shall be filed
with the Commission in compliance with applicable Commission regulations.
The standard form of Service Agreement for Firm Point-To-Point Transmission
Service is provided in Attachment A of this Tariff.
Issued by: Ronald R. MeNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025; EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator, Inc.. 110 FERC 1 61.2S9 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
13.5
Second Revised Sheet No. 22'.
Superseding First Revised Sheet No. 22"
Transmission Customer Obligations for Facility Additions or
Redispatch Costs
In cases where the Transmission Provider or ITC determines that the
Transmission System is not capable of providing Firm Point-To-Point
Transmission Service without: (1) degrading or impairing the reliability of service
to Native Load Customers. Network Customers and other Transmission
Customers taking Firm Point-To-Point Transmission Service; or (2) interfering
with the Transmission Provider's or ITC's ability7 to meet prior firm contractual
commitments to others, the relevant Transmission Owner(s) or ITC will be
obligated to expand or upgrade its (their) Transmission System(s) pursuant to the
terms of Section 15.4. The Transmission Customer must agree to pay the
Transmission Provider or ITC for any necessary transmission facility additions
pursuant to the terms of Section 27. To the extent a system constraint can be
relieved more economically by rcdispatching Generation Resources rather than
through constructing Network Upgrades, the procedures in Module C. or the ITC
Rate Schedule, if applicable, shall apply. Any Network Upgrade or Direct
Assignment Facilities costs to be charged to the Transmission Customer on an
incremental basis under this Tariff will be specified in the Service Agreement
prior to initiating service.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Midu-est Independent
Transmission System Operator. Inc.. 110 FERC ^1 61.289 {2005}).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
13.6
Second Revised Sheet Xo. 228
Superseding First Revised Sheet No. 228
Curtailment of Firm Transmission Service
In the event that a Curtailment on the Transmission System, or a portion
thereof, is required to maintain reliable operation of such system, and the systems
directly and indirectly interconnected with the Transmission System. Curtailments
will be made on a non-discriminatory basis to the transaction(s) that effectively
relieve the constraint. The Transmission Provider may elect to implement such
Curtailments pursuant to the Transmission Loading Relief Procedures specified in
Attachment Q. If multiple transactions require Curtailment, to the extent
practicable and consistent with Good Utility Practice, the Transmission Provider
will curtail service to Network Customers and Transmission Customers taking
Firm Point-To-Point Transmission Sen,-ice on a non-discriminatory basis. If any
Transmission Owners have Native Load Customers, then the Transmission
Provider will curtail service on a comparable basis to Native Load Customers.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Kos*ER04-691-014. ER04-691 -025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc... 110 FERC f 61,289 (2005)1.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 229
Superseding First Revised Sheet No. 229
All Curtailments will be made on a non-discriminatory basis: however. Non-Firm
Point-To-Point Transmission Service shall be subordinate to Firm Transmission
Service. When the Transmission Provider determines that an electrical
Emergency exists on its Transmission System and implements Emergency
procedures to curtail Firm Transmission Service, the Transmission Customer shall
make the required reductions upon request of the Transmission Provider.
However, the Transmission Provider reserves the right to curtail, in whole or in
pan, any Firm Transmission Service provided under the Tariff when, in the
Transmission Provider's sole discretion, an Emergency or other unforeseen
condition impairs or degrades the reliability of its Transmission System. The
Transmission Provider will notify all affected Transmission Customers in a timely
manner of any scheduled Curtailments. In the event that the Transmission
Customer fails to cease or reduce service in response to a directive by the
Transmission Provider, the Transmission Customer shall pay the following
penalties in addition to any other applicable changes: S10 per k\V if the customer
fails to curtail service within ten (10) minutes of a directive by the Transmission
Provider; or S20 per kW if the customer fails to curtail service within twenty- (20)
minutes of a directive bv the Transmission Provider.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-104-013 and EL04-104-024 (Michvest Independent
Transmission System Operator. Inc., 110 FERC f 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 230
Superseding First Revised Sheet No. 230
These charges shall apply only to the portion of the service that the
Transmission Customer fails to curtail in response to a Transmission Provider or
ITC directive. The Transmission Provider or ITC. where applicable, shall
compensate any affected Control Areas or Generation Resources for their actual
costs up to the amount recovered by the Transmission Provider or ITC. as
applicable. Any revenues in excess of actual costs shall be used to reduce the
Transmission Provider's costs in Schedule 10 or, in the case of ITC Service, any
revenues in excess of actual costs shall be applied as specified in the ITC Rate
Schedule.
13.7
Classification of Firm Transmission Service
a.
The Transmission Customer taking Firm Point-To-Point
Transmission Service may (1) change its Receipt and Delivery
Points to obtain service on a non-firm basis consistent with the
terms of Section 22.1 or (2) request a modification of the Points of
Receipt or Delivery on a firm basis pursuant to the terms of
Section 22.3.
issued by: Ronald R. McNamara. Issuing Officer
Effective: April L 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos"ER04-69I-014, ER04-691-025, EL04-104-013 and EL04-104-024 {Midwesilndependent
Transmission System Operator. Inc.. 110 FERC f 61.289 (.2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
b.
Second Revised Sheet No. 231
Superseding First Revised Sheet No. 231
The Transmission Customer may purchase Transmission Service
to make sales of Capacity and Energy from multiple Generation
Resources that are interconnected to the Transmission System. For
such a purchase of Transmission Sendee, the Generation Resource
will be designated as multiple Points of Receipt, except that
multiple Generation Resources interconnected to the Transmission
System and Interface points designated as Points of Receipt shall
be treated as a single Point of Receipt.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1. 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-104-013 and EL04-104-024 (Michvesilndependent
Transmission System Operator. Inc., 110 FERC *; 61.2S9 (2005)1.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
c.
Second Revised Sheet No. 232
Superseding First Revised Sheet No. 232
The Transmission Provider or ITC, as applicable, shall provide
firm deliveries of eapaciry and energy from the Pointfs) of Receipt
to the Point(s) of Deliver)-. Each Point of Receipt at which firm
transmission capacity is reserved by the Transmission Customer
shall be set forth in the Firm Point-To-Point Service Agreement for
Long-Term Firm Transmission Service along with a corresponding
capacity reservation associated with each Point of Receipt. Points
of Receipt and corresponding capacity reservations shall be as
mutually agreed upon by the Parties for Short-Term Firm
Transmission. Each Point of Delivery7 at which firm transmission
capacity is reserved by the Transmission Customer shall be set
forth in the Firm Point-To-Point Sen-ice Agreement for
Long-Term Firm Transmission Service along with a corresponding
capacity reservation associated with each Point of Delivery.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in DocketNos. ER04-691-014. ER04-691-025, EL04-104-013 and ELO--104-024 (Midwesttedependenr
Transmission System Operator. Inc.. 110 FERC | 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 253
Superseding First Revised Sheet No. 233
Points of Deliver}' and corresponding capacity reservations shall be
as mutually agreed upon by the Parties for Short-Term Firm
Transmission. The greater of either f!) the sum of the capacity
reservations at the Point(s) of Receipt, or (2) the sum of the
capacity reservations at the Point(s) of Deliver}- shall be the
Transmission Customer's Reserved Capacity. The Transmission
Customer will be billed for its Reserved Capacity under the terms
of the applicable Schedule 7. The Transmission Customer may not
exceed its firm capacity reserved at each Point of Receipt and each
Point of Deliver}7 except as otherwise specified in Section 22. In
the event that a Transmission Customer's schedules (including
Third-Party' Sales by a Transmission Owner) exceed its firm
reserved capacity at any Point of Receipt or Point of Deliver}-, the
Transmission Customer shall pay the following penalty: two
hundred percent (200%) of the Firm Point-To-Point Transmission
Service charge for the entire length of the reserved period but not
exceeding one month for the amount in excess of such reserved
capacity at the specific Point of Receipt or Point of Delivery where
the reserved capacity was exceeded. These penalty revenues shall
reduce the Transmission Provider's costs to be recovered under
Schedule 10.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014. ER04-691-025, EL04-KK-013 and EL04-104-024 (Mid\^esi Independent
Transmission System Operator Inc., 110 FERC * 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised X;olume No. 1
13.8
Third Revised Sheet No. 234
Superseding Second Revised Sheet No. 234
Scheduling of Firm Point-To-Point Transmission Service
Schedules for the Transmission Customer's Firm Point-To-Point
Transmission Service must be submitted in accordance with the application time
period set forth in Attachment J. Schedules submitted after the applicable time will
be accommodated, if practicable. Transmission Customers shall submit all
schedules electronically in a form specified by the Transmission Provider.
Hour-to-hour schedules of any capacity and energy that is to be delivered must be
stated in increments of 1,000 kW per hour. Transmission Customers within a
Transmission Owner's service (or control) area with multiple requests for
Transmission Service at a Point of Receipt, each of which is under 1,000 kW per
hour, may consolidate their service requests at a common Point of Receipt into
units of 1.000 kW per hour for scheduling and billing purposes. Scheduling
changes will be permitted in accordance with Attachment J. However, in the event
of a system contingency such as a generation or an unplanned Transmission
Outage, or Curtailment or Interruption of Transmission Service, scheduling
changes will be implemented as soon as practicable.
Issued by: Ronald R. McNamara. Issuing Officer
Issued on: September 29, 2006
Effective: November 28. 2006
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. i
Second Revised Sheet No. 235
Superseding First Revised Sheet No. 235
The Transmission Provider, or i f l T C Service is taken, the 1TC. will furnish to the
Delivering Party's system operator, hour-to-hour schedules equal to those
furnished by the Receiving Party and shall deliver the capacity and energy
provided by the Delivering Party. Should the Transmission Customer, Delivering
Part\- or Receiving Party revise or terminate any schedule, such party shall
ItnTV^rli ^t^lT nr\fi*H? tno
I liilliCLl-li:* K--I j
t j \ J til
*
H"*-
I t-onc-mi r- c-ir^n Pi-/-\\ -ir\i*.r
A1 VHiJlAJ.UJl
^£i
J_1 \J
\
1<_J.^,J
\Jl
,
IX
r\r
L A L J I J i \ J L J L 1. U t V •
LIIV
if
in-r\-i-*-ii-\-r"i ito
thrt I I I "
inH
tl-iii
J- A V _ - . M.J-1V4. L 1 4 V
Transmission Provider shall have the right to adjust accordingly the schedule for
capacity7 and Energy to be received and to be delivered.
14
Nature of Non-Firm Point-To-Point Transmission Service
14.1
Term
Non-Firm Point-To-Point Transmission Service will be available for
periods ranging from one (1) hour to one (1) month. However, a Purchaser of
Non-Finn Point-To-Point Transmission Service will be entitled to reserve a
sequential term of sendee (such as a sequential monthly term without having to
wait for the initial term to expire before requesting another monthly term) so that
the total time period for which the reservation applies is greater than one month,
subject to the requirements of Attachment J.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-OK. ER04-691-025. EL04-104-013 and EL04-104-024 (Mithvest Independent
Transmission System Operator, Inc.. 110 FERC r 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume Xo. I
14.2
iecond Revised Sheet No. 236
Superseding First Revised Sheet No. 236
Reservation Priority
Non-Firm Poim-To-Point Transmission Service shall be available from
transmission capability in excess of that needed for reliable service to Native
Load Customers, Network Customers and other Transmission Customers taking
Long-Term and Short-Term Firm Point-To-Point Transmission Service. A higher
priority will be assigned to reservations with a longer duration of service. In the
event the Transmission System is constrained, competing requests of equal
duration will be prioritized based on the highest price offered by the Eligible
Customer for the Transmission Service. Eligible Customers that have already
reserved shorter-term service have the right of first refusal to match any
longer-term reservation before being preempted. A longer-term competing
request for Non-Firm Point-To-Point Transmission Service will be granted if the
Eligible Customer with the right of first refusal does not agree to match the
competing request: (i) immediately for hourly Non-Firm Point-To-Point
Transmission
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April L 2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-104-013 and EL04-104-024 (Mid-.vest Independent
Transmission System Operator. Inc., 110 FERC r 61.2S9 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 23"
Superseding First Revised Sheet No. 23"
Sendee after notification by the Transmission Provider: and. (ii) within twentyfour (24) hours (or earlier if necessary- to comply with the scheduling deadlines
provided in Attachment J) for Non-Firm Point-To-Point Transmission Service
other than hourly transactions after notification by the Transmission Provider.
Transmission Service for Network Customers from Generation Resources other
than designated Network Resources will have a higher priority than any Non-Firm
Point-To-Point Transmission Service. Non-Firm Point-To-Point Transmission
Service over secondary Point(s) of Receipt and Point(s) of Delivery will have the
second lowest reservation priority under this Tariff and Non-Firm Point-To-Point
Transmission Service used for Next-Hour-Transmission Service will have the
lowest reservation priority under this Tariff
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 3.2005
Issued OR: April 6. 2005
Filed to comply with the March i 6. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-69I-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Mictn-esi Independent
Transmission System Operator. Inc.. I 10 FERC | 61.289 (2005V).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
14.3
[RESERVED]
14.4
Service Agreements
Second Revised Sheet No. 238
Superseding First Revised Sheet No. 238
The Transmission Provider shall offer a standard form Non-Firm
Point-To-Point Transmission Service Agreement (Attachment B to this Tariff) to
an Eligible Customer when it first submits a Completed Application for Non-Firm
Point-ToPoint Transmission Service pursuant to this Tariff Executed Service
Agreements that contain the information required under this Tariff shall be filed
with the Commission in compliance with applicable Commission regulations.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos"ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electnc Tariff, Third Revised Volume Xo. 1
14.5
Second Revised Sheet No. 239
Superseding First Revised Sheet No. 239
Classification of Non-Firm Point-To-Point Transmission Service
Non-Firm Point-To-Point Transmission Service shali be offered under
terms and conditions contained in Module B of this Tariff and any applicable ITC
Rate Schedule for ITC Service offered within an ITC System. The Transmission
Provider. Transmission Owners, ITC, and ITC Participants undertake no
obligation under this Tariff to plan the Transmission System in order to have
sufficient capacity for Xon-Firm Point-To-Point Transmission Sendee. Parties
requesting Non-Firm Point-To-Point Transmission Service for the transmission of
firm power do so with the full realization that such service is subject to
availability and to Curtailment or Interruption under the terms of this Tariff In
the event that a Transmission Customer's schedules (including Third-Party Sales
by a Transmission Owner) exceeds its non-firm capacity reservation, the
Transmission Customer shall pay the following penalty: two hundred percent
(200%) of the Non-Firm Point-To-Point Transmission Service Charge for the
entire length of the reserved period not to exceed one month for the amount in
excess of such capacity reservation.
Issued by: Ronald R. McN'amara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos"ER04-691-OI4. ER04-691-025, EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator: Inc., 110 FERC «J 61.289 (2005)}.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 240
Suoersedins First Revised Sheet No. 240
These penalty revenues shall reduce the Transmission Provider's costs to be
recovered under Schedule 10 except, when ITC Service is taken, the penalty
revenues shall be used as set forth in the applicable ITC Rate Schedule.
Non-Firm Point-To-Point Transmission Service shall include transmission of
Energy on an hourly basis and transmission of scheduled short-term capacity and
Energy on a daily, weekly or monthly basis, but not to exceed one month's
reservation for any one Application, under the applicable Schedule 8 or the
applicable ITC Rate Schedule.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April I. 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-69I-025, EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC T 61.289 (2005)1.
Midwest ISO
FHRC Electric Tariff, Third Revised Volume No. 1
14.6
Second Revised bheet No. 241
Superseding First Revised Sheet No. 241
Scheduling of Non-Firm Point-To-Point Transmission Service
Schedules for Non-Firm Point-To-Point Transmission Service, other than
for Next-Hour-Transmission Service, must be submitted to the Transmission
Provider or. when appropriate, the ITC, in accordance with the terms in
Attachment J. Schedules submitted after the time specified in Attachment J will
be accommodated, if practicable. Transmission Customers shall submit all
schedules electronically in a form specified by the Transmission Provider or ITC.
if applicable. Hour-to-hour schedules of Energy that is to be delivered must be
stated in increments of 1,000 kW per hour. Transmission Customers within the
Transmission Owner's service (or control) area with multiple requests for
Transmission Service at a Point of Receipt, each of which is under 1.000 kW per
hour [MWh], may consolidate their schedules at a common Point of Receipt into
units of 1,000 kW per hour [MWh]. Scheduling changes will be permitted in
accordance with Attachment J. The Transmission Provider or. when appropriate
the ITC, will furnish to the Delivering Party's system operator, hour-to-hour
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued or.: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and ELO--104-024 (Mich-.-esi Independent
Transmission System Operator, Inc., \ 10 FERC •" 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 242
Superseding First Revised Sheet No. 242
schedules equal to those furnished by the Receiving Party (unless reduced for
losses) and shall deliver the Energy provided by the Delivering Party, Should the
Transmission Customer. Delivering Party or Receiving Party" revise or terminate
any schedule, such parry shall immediately notify the Transmission Provider or.
where appropriate the ITC; and the Transmission Provider or the ITC shall have
the right to adjust accordingly the schedule for Energy to be received and to be
delivered. All requests for Non-Firm Point-To-Point Service during the first
15 minutes after the time when Non-Firm Point-To-Point Service can first be
requested on the OASIS in accordance with Attachment J (except for hourly
service to which this sentence does not apply), will be considered as if they were
submitted at the same time. Schedules for Non-Firm Point-To-Point
Transmission Service for Next-Hour Transmission Service must be submitted to
the Transmission Provider, or when appropriate, ITC. no later than twenty
(20) minutes and no earlier than sixty (60) minutes before the start of the
schedule. Schedules submitted less than twenty (20) minutes prior to the start of
the schedule will be accommodated, if practicable.
Issued by: Ronald R. McN'amara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March ! 6, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos.'ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator, Inc.. 110 FERC * 61.289 i'2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
14.7
Second Revised Sheet No. 243
Suoersedins First Revised Sheet No. 243
Curtailment or Interruption of Service
The Transmission Provider reserves the right to curtail, in whole or in part,
Non-Firm Point-To-Point Transmission Service provided under this Tariff for
reliability reasons when, an Emergency or other unforeseen condition threatens to
impair or degrade the reliability of the Transmission System or the systems
directly and indirectly interconnected with the Transmission System. The
Transmission Provider may elect to implement such Curtailments pursuant to the
Transmission Loading Relief Procedures specified in Attachment Q. The
Transmission Provider reserves the right to interrupt, in whole or in part,
Non-Firm Point-To-Point Transmission Service provided under this Tariff for
economic reasons in order to accommodate (i) a request for Firm Transmission
Service: (ii) a request for Non-Firm Point-To-Point Transmission Service of
greater duration; (iii) a request for Non-Firm Point-To-Point Transmission
Service of equal duration with a higher price;
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-OI4. ER04-691-025. EL04-104-OI3 and EL04-104-024 (Midwestlndependent
Transmission System Operator. Inc., ! 10 FERC •' 6L289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 244
Superseding First Revised Sheet No. 24^
or (iv) Transmission Service for Network Customers from non-designated
resources. Point-To-Point Transmission Service for Next-Hour-Transmission
Service will always have the lowest priority. The Transmission Provider also will
discontinue or reduce service to the Transmission Customer to the extent that
deliveries for transmission are discontinued or reduced at the Point(s) of Receipt.
Where required. Curtailments or Interruptions will be made on a nondiscriminatory basis to the transaction^) that effectively relieve the constraint:
however, Non-Firm Point-To-Poim Transmission Service shall be subordinate to
Firm Transmission Service. If multiple transactions require Curtailment or
Interruption, to the extent practicable and consistent with Good Utility- Practice.
Curtailments or Interruptions will be made first to Next-Hour-Transmission
Service and then to remaining transactions beginning with those transactions of
the shortest term (e.g.. hourly non-firm transactions will be curtailed or
interrupted before daily non-firm transactions and daily non-firm transactions will
be curtailed or interrupted before weekly non-firm transactions). Transmission
Service for Network Customers from resources other than designated Network
Resources will have a higher priority than any Non-Firm Point-To-Point
Transmission Service under this Tariff. Non-Firm Point-To-Point Transmission
Service over secondary Point(s) of Receipt and Point(s) of Deliver}- will have a
higher priority than
Issued by: Ronald R. Mc-Namara. Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
ir. Docket Nos. ER04-691-OM. ER04-691-025. EUK-104-013 ar.d EL04-104-02J (Mifaestlndependent
Transmission System Operator. Inc.. 110 FERC r 6L2S9 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 245
Supersedms First Revised Sheet No. 245
Next-Hour Transmission Service, but will have a lower priority than any other
Non-Firm Point-To-Point Transmission Service under the Tariff. The
Transmission Provider will provide advance notice of Curtailment or Interruption
where such notice can be provided consistent with Good Utility Practice. In the
event that the Transmission Customer fails to cease or reduce service in response
to a directive by the Transmission Provider, the Transmission Customer shall pay
the following penalties in addition to any other applicable charges:
a)
S10 per kW if the Customer fails to curtail sendee within ten (10)
minutes of a directive by the Transmission Provider;
b)
S20 per kW if the Customer fails to curtail sen-ice within twenty
(20) minutes of a directive by the Transmission Provider; or
c)
S20 per kW if the customer fails to interrupt service at the
beginning of the Hour for which the Interruption is requested;
provided that the customer is given a minimum of forty (40)
minutes notice before the beginning of such Hour; and provided
further that the customer may retain its service and avoid the
penalty by agreeing pursuant to Section 14.2 of this Tariff to match
any longer-term reservation and or higher price in a competing
request before being Interrupted.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014: ER04-691-025. ELOM04-013 and EL04-104-024 (Mi faest Independent
Transmission System Operator. Inc., 110 FERC T 61,289 (2005)').
Midwest ISO
FERC Electric Tariff, Third Revised Volume No 1
Second Revised Sheet No. 246
Superseding First Revised Sheet No. 2-6
These charges shall apply only to the portion of the service that the
Transmission Customer fails to curtail or interrupt in response to a Curtailment or
Interruption directive. The Transmission Provider or ITC where applicable, shall
compensate any affected Control Areas or generators for their actual costs up to
the amount recovered by the Transmission Provider or ITC, as applicable. Any
revenues in excess of actual costs shall be used to reduce the Transmission
Provider costs in Schedule 10 or, in the case of ITC Service, any revenues in
excess of actual costs shall be applied as specified in an ITC Rate Schedule.
15
Service Availability
15.1
General Conditions
The Transmission Provider will provide Firm and Non-Firm
Point-To-Point Transmission Sen-ice over, on or across its Transmission System
to any Transmission Customer that has met the requirements of Section 16.1.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1. 2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Midwestlndependem
Transmission System Operator, Inc.. 110 FERC c 61.2S9 ('2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
15.2
Second Revised Sheet No. 24"
Superseding First Revised Sheet No. 24"
Determination of Available Transmission Capability
A description of the Transmission Provider's specific methodology for
assessing available transmission capability posted on the Transmission Provider's
OASIS (Section 4) is contained in Attachment C of the Tariff. In the event
sufficient transmission capability may not exist to accommodate a service request,
the Transmission Provider or as appropriate, the ITC, will respond by performing
a System Impact Study.
15.3
Initiating Service in the Absence of an Executed Service Agreement
If the Transmission Provider and the Transmission Customer requesting
Firm or Non-Firm Point-To-Point Transmission Service cannot agree on all the
terms and conditions of the Point-To-Point Transmission Service Agreement, the
Transmission Provider shall file with the Commission, within thirty (30) days
after the dale the Transmission Customer provides written notification directing
the Transmission Provider to file, an unexecuted Point-To-Point Service
Agreement containing terms and conditions deemed appropriate by the
Transmission Provider for such requested Transmission Service.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1. 2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014: ER04-691-025. EL04-10*-013 and EL04-104-024 (.\fidH-esrJndependem
Transmission System Operator, Inc.. 110 FERC * 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. I
Second Revised Sheet Xo. 2^8
Superseding First Revised Sheet No. 248
The Transmission Provider shall eommencc providing Transmission Service
subject to the Transmission Customer agreeing to: (i) compensate the
Transmission Provider at whatever rate the Commission ultimately determines to
be just and reasonable and (ii) comply with the terms and conditions of the Tariff
including posting appropriate security deposits in accordance with the terms of
Section 17.4.
15.4
Obligation to Provide Transmission Service that Requires Expansion
or Modification of the Transmission System
If the Transmission Provider determines that it cannot accommodate a
Completed Application for Firm Point-To-Point Transmission Service because of
insufficient capability on the Transmission System, the Transmission Provider
and the affected Transmission Owner(s) and ITC(s) will use due diligence to
expand or modify the Transmission System to provide the requested Firm
Transmission Service, provided the Transmission Customer agrees to compensate
Issued by: Ronald R. MeNamara, Issuing Officer
Effective: April !. 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, ELQi-104-013 and ELOi-104-024 (Mid\ves> Independent
Transmission System Operator. Inc., 110 FERC «j 61,2S9 (2005)).
Midwest ISO
FERC Eleciric Tariff, Third Revised Volume No. 1
Secor.d Revised Sheet Xo. 249
Superseding First Revised Sheet No. 249
the Transmission Provider and ITC for such costs pursuant to the terms of
Section 27. The Transmission Provider and the affected Transmission Owncr(s).
ITC(s). and ITC Participant(s). if applicable, will conform to Good Utility
Practice in determining the need for new facilities and in the design and
construction of such facilities. The obligation applies only to those facilities that
the affected Transmission Owner(s), ITC(s), and ITC Participants) have the right
to expand or modify.
15.5
Deferral of Service
The Transmission Provider may defer providing service until construction
is completed of new transmission facilities or upgrades needed to provide Firm
Point-To-Point Transmission Service whenever the Transmission Provider
determines that providing the requested service would, without such new facilities
or upgrades, impair or degrade reliability to any existing firm services.
Issued by: Ronald R. McXamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in DocketKos. ER04-691-OI4. ER04-691-025. EL04-104-013 and EL04-I04-024 (.\fid\vesilndependeni
Transmission System Operator. Inc.. 1 10 FERC r 61.2S9 f 2005)1.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
15.6
Second Revised Sheet Xo. 250
Superseding First Revised Sheet No. 250
Other Transmission Service Schedules
Eligible Customers receiving transmission service under Grandfalhered
Agreements and ITC Grandfathered Agreements may continue to receive
transmission service under those agreements until such time as those agreements
may be modified by the Commission.
15.7
Marginal Losses
System Losses are associated with all Transmission Service including
Transmission Service associated with Grandfathered Agreements. The
Transmission Provider shall assess to Market Participants the Marginal Losses
Component of LMP, as specified in Sections 39.2.9.c.ii. 39.3.3.c.ii, 40.2.11. and
40.4.1.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Xos. ER04-691-OK. ER04-691-025, ELCH-104-013 and EL04-104-024 (Mi^es; "independent
Transmission System Operator, Inc.. 110 FERC 'I 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume \o. 1
16
Second Revised Sheer No. 251
Superseding First Revised Sheet No. 251
Transmission Customer Responsibilities
16.1
Conditions Required of Transmission Customers
Point-To-Point Transmission Service shall be provided by the
Transmission Provider, or. as applicable, the ITC only if the following conditions
are satisfied by the Transmission Customer:
a.
The Transmission Customer has pending a Completed Application
for service;
b.
The Transmission Customer meets the creditworthiness criteria set
forth in Attachment L;
c.
The Transmission Customer will have arrangements in place for
any other transmission sendee necessary to affect the delivery
from the generating source to the Transmission Provider prior to
the time sendee under Module B of this Tariff commences;
d.
The Transmission Customer agrees to pay for any facilities
constructed and chargeable to such Transmission Customer under
Module B of this Tariff, whether or not the Transmission Customer
lakes sen-ice for the full term of its reservation; and
e.
The Transmission Customer has executed a Point-To-Point Sendee
Agreement or has agreed to receive service pursuant to
Section 15.3.
Issued by: Ronaid R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos" ER04-69I-014. ER04-691-025: EL04-104-013 and EL04-104-024 (Mia'wesi Independent
Transmission Svsiem Operator Inc., 110 FERC c 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
16.2
Second Revised Sheet No. 252
Superseding First Revised Sheet No. 252
Transmission Customer Responsibility for Third-Party Arrangements
Any scheduling arrangements that may be required by other electric
systems shall be the responsibility of the Transmission Customer requesting
sen-ice. The Transmission Customer shall provide, unless waived by the
Transmission Provider, notification to the Transmission Provider identifying such
systems and authorizing them to schedule the capacity and energy to be
transmitted by the Transmission Provider pursuant to Module B of this Tariff on
behalf of the Receiving Partv at the Point of Delivery or the Delivering Partv at
wJ
i
*
k_7
*
the Point of Receipt. However, the Transmission Provider will undertake
reasonable efforts to assist the Transmission Customer in making such
arrangements, including without limitation, providing any information or data
required by such other electric system pursuant to Good Utility Practice.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification ar.d Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-OK ER04-691-025, EL04-10^-013 and EL04-104-024 (Midvesilndependem
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No !
17
Second Revised Sheet Xo. 253
Sunersedir.s Substitute First Revised Sheet Xo. 253
Procedures for Arranging Firm Point-To-Point Transmission Service
17.1
Application
A request for Firm Point-To-Point Transmission Sen ice for
periods of one year or longer must contain a written Application to the
Transmission Provider pursuant to the schedule contained in Attachment J.
All Firm Point-To-Point Transmission Service requests should be
submitted by entering the information listed below on the Transmission
Provider's OASIS.
17.2
Time Requirements
Attachment J lists the time requirements applicable to when the
requests must be made, the evaluation of the requests, and the
Transmission Customer response.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1, 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Xos'ER04-691-014. ERO--69I-025. EL04-104-013 and EL04-104-024 (MiAvest Independent
Transmission System Operator. Inc.. 110 FERC \ 61.2S9 (2005)}.
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
17.3
Second Revised Sheet No. 254
Superseding First Revised Sheet No. 254
Completed Application
A Completed Application shall provide all of the information
included in 1 8 C.F.R. § 2.20 including but not limited to the following:
(i)
The identity, address, email address, telephone number and
facsimile number of the entity requesting service:
(ii)
A statement that the entity requesting service is, or will be upon
commencement of service, an Eligible Customer under this Tariff:
(iii)
The location of the Point(s) of Receipt and Point(s) of Delivery
and the identities of the Delivering Parties and the Receiving
Parties;
(iv)
The location of the Generation Resource(s) supplying the capacity
and Energy and the location of the Load ultimately served by the
capacity and energy transmitted. The Transmission Provider will
treat this information as confidential except to the extent that
disclosure of this information is required by this Tariff, by
regulatory or judicial order, for reliability purposes pursuant to
Good Utility Practice or pursuant to RTG transmission information
sharing agreements. The Transmission Provider shall treat this
information consistent with the standards of conduct contained in
Part 37 of the Commission's regulations;
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-69I-014, ER04-691-025, EL04-104-013 and EL04-104-024 (Midwesi Independent
Transmission System Operator. Inc.. 110 FERC «[ 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
(v)
Second Revised Sheet \o. 255
Superseding First Revised Sheet No. 255
A description of the supply characteristics of the capacity and
Energy to be delivered:
(vi)
An estimate of the capacity and Energy expected to be delivered to
the Receiving Party:
(vii)
The service commencement date and the term of the requested
Transmission Sen-ice; and
(viii)
The transmission capacity- requested for each Point of Receipt and
each Point of Deliver/j on the Transmission Provider's
Transmission System: customers may combine their requests for
service in order to satisfy the minimum transmission capacity
requirement. The Transmission Provider and, when ITC Sendee is
requested. ITC shall treat this information consistent with the
standards of conduct contained in Pan 37 of the Commission's
resulations.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April K 2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ERO-i-691-025. EL04-104-013 and EL04-i(U-024 (Michves! Independent
Transmission System Operator. Inc... 110 FERC ^ 6K2S9 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. I
17.4
Second Revised Sheet No. 256
Sunersedine First Revised Sheet Xo. 256
Deposit
A Completed Application for Firm Point-To-Point Transmission Service
also shall include, at the discretion of Transmission Provider, a deposit of either
one month's charge for Reserved Capacity, the full charge for Reserved Capacity
for service requests of less than one month, or a request for waiver of such
deposit, which request shall be accepted if the Eligible Customer is found by the
Transmission Provider to be creditworthy.
If the Application is rejected by the Transmission Provider because it does
not meet the conditions for service as set forth herein, or in the case of requests
for service arising in connection with losing bidders in a Request For Proposals
("RFP"). said deposit shall be returned with interest less any reasonable costs
incurred by the Transmission Provider in connection with the review of the losing
bidder's Application. The deposit also will be returned with interest less any
reasonable costs incurred by the Transmission Provider if the Transmission
Provider is unable to complete new facilities needed to provide the service.
Issued by: Ronald R. McXamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-IO--013 and EL04-104-02-1 (Mid'A-est Independent
Transmission System Operator. Inc., 110 FERC c 61,289 (2005)").
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 257
Superseding First Revised Sheet No. 257
If an Application is withdrawn or the Eligible Customer decides not to emer into a
Service Agreement for Firm Point-To-Point Transmission Service, any deposit
shall be refunded in full, with interest, less reasonable costs incurred by the
Transmission Provider to the extent such costs have not already been recovered
by the Transmission Provider from the Eligible Customer. The Transmission
Provider will provide to the Eligible Customer a complete accounting of all costs
deducted from any refunded deposit, which the Eligible Customer may contest if
there is a dispute concerning the deducted costs. Deposits associated with
construction of new facilities are subject to the provisions of Section 19. If a
Service Agreement for Firm Point-To-Point Transmission Service is executed,
any deposit, with interest, will be returned to the Transmission Customer upon
expiration or termination of the Service Agreement for Firm Point-To-Point
Transmission Service. Applicable interest shall be computed in accordance with
the Commission's regulations at 18 C.F.R. § 35.19a(a)(2)(iii) and shall be
calculated from the day the deposit check is credited to the Transmission
Provider's account.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in DocketNos. ER04-691-014, ER04-691-025. EL04-104-013 and ELO--104-024 (Midv.estlndependent
Transmission System Operator. Inc.. ! 10 FERC <" 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
17.5
Second Revised Sheet No. 258
Superseding First Revised Sheet No. 258
Notice of Deficient Application
If an Application fails to meet the requirements of this Tariff the
Transmission Provider shall notify the entity requesting service within the
applicable time period set forth in Attachment J for responding to Applications.
The Transmission Provider will attempt to remedy minor deficiencies in the
Application through informal communications with the Eligible Customer. If
such efforts are unsuccessful, the Transmission Provider shall return the
Application, along with any deposit, with interest. Upon receipt of a new or
revised Application that fully complies with the requirements of Module B of this
Tariff, the Eligible Customer shall be assigned a new priority- consistent with the
date of the new or revised Application.
Issued by: Ronald R. McKamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Mid^esrlndependen;
Transmission System Operator, Inc., 110 FERC ^ 61.2S9 (2005)').
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. I
17.6
Second Revised Sheet No. 259
Superseding First Revised Sheet No. 259
Response to a Completed Application
Following receipt of a Completed Application for Firm Point-To-Point
Transmission Service, the Transmission Provider shall make a determination of
available transmission capability as required in Section 15.2. The Transmission
Provider shall notify the Eligible Customer in accordance with the times in
Attachment J either (i) if it will be able to provide service without performing a
System Impact Study or (ii) if such a study is needed to evaluate the impact of the
Application pursuant to Section 19.1. Responses by the Transmission Provider
must be made as soon as practicable to all completed applications on a nondisc rim in atorv basis.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued or;: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
ir. Docket Nos'ER04-691-014. ER04-691-025. EL04-104-013 and EL04-10MJ24 iMidwstlndependeni
Transmission System Operator, Inc., 110 FERC r 61.289 ('2005')).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
17.7
Second Revised Sheet No. 260
Superseding First Revised Sheet No. 260
Execution of Service Agreement
Whenever the Transmission Provider or: as applicable, ITC determines
that a System Impact Study is not required and that the service can be provided.
Transmission Provider shall notify the Eligible Customer consistent with the
applicable time period set forth in Attachment J. Where a System Impact Study is
required, the provisions of Section 19 will govern the execution of a Sen-ice
Agreement. Failure of an Eligible Customer to execute and return the Service
Agreement or request the filing of an unexecuted service agreement pursuant to
Section 15.3, within the times in Attachment J will be deemed a withdrawal and
termination of the Application and any deposit submitted shall be refunded with
interest. Nothing herein limits the right of an Eligible Customer to file another
Application after such withdrawal and termination.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-OH. ER04-691-025. EL04-104-OI3 and EL04-104-024 (.\fid-.\-esiJndependeni
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
17.8
Second Revised Sheet No. 26i
Superseding First Revised Sheet No. 261
Extensions for Commencement of Service
The Transmission Customer can obtain up to five (5) one-year extensions
for the commencement of service. The Transmission Customer may postpone
service by paying a non-refundable annual reservation fee equal to one f 1)
month's charge for Firm Point-To-Point Transmission Service for each year or
fraction thereof. If during any extension for the commencement of service an
Eligible Customer submits a Completed Application for Firm Point-To-Point
Transmission Service, and such request can be satisfied only by releasing all or
part of the Transmission Customer's Reserved Capacity, the original Reserved
Capacity will be released unless the following condition is satisfied. Within thirty
(30) days, the original Transmission Customer agrees to pay the Firm
Point-To-Point transmission rate for its Reserved Capacity concurrent with the
new Service Commencement Date. In the event the Transmission Customer
elects to release the Reserved Capacity, the reservation fees or portions thereof
previously paid will be forfeited.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1, 2005
issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Mid.vesr Independent
Transmission Sysiem Operator, Inc.. 110 FERC r 6L289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
18
Second Revised Sheet No. 26^
Superseding First Revised Sheet No. 261
Procedures for Arranging Non-Firm Point-To-Point Transmission Service
18.1
Application
Eligible Customers seeking Non-Firm Point-To-Point Transmission
Service must submit a Completed Application to the Transmission Provider.
Applications should be submitted by entering the information listed below on the
Transmission Provider's OASIS.
18.2
Completed Application
A Completed Application shall provide all of the information included in
18 C.F.R. § 2.20 including but not limited to the following:
(i)
The identity, address, email address, telephone number and
facsimile number of the entity requesting service;
(ii)
A statement that the entity requesting sendee is, or will be upon
commencement of service, an Eligible Customer under the Tariff;
(Hi)
The Point(s) of Receipt and the Point(s) of Deliver}.':
(jv)
The maximum amount of capacity requested at each Point of
Receipt and Point of Delivery; and
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1, 2005
Issued on: April 6; 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (\fidwestlndependeni
Transmission System Operator. Inc., 110 FERC r 61.289 (2005)).
Midwest iSO
FERC Electric Tariff, Third Revised Volume No. 1
(v)
Second Revised sheet No. 263
Superseding First Revised Shee: No. 263
The proposed dates and hours for initialing and terminating
Transmission Service hereunder. In addition to the information
specified above, when required to properly evaluate system
conditions, the Transmission Provider also may ask the
Transmission Customer to provide the information indicated in
(vi) and (vii) below.
(vi)
The electrical location of the initial source of the power to be
transmitted pursuant to the Transmission Customer's request for
service; and
(vii)
The electrical location of the ultimate Load. The Transmission
Provider and, when ITC Sen-ice is requested, the ITC will treat
this information in (vi) and (vii) as confidential at the request of
the Transmission Customer except to the extent that disclosure of
this information is required by this Tariff, by regulatory or judicial
order, for reliability purposes pursuant to Good Utility Practice, or
pursuant to RTG transmission information sharing agreements.
The Transmission Provider and, as applicable, the ITC shall treat
this information consistent with the standards of conduct contained
in Part 37 of the Commission's regulations.
Issued by: Ronald R. McNarnara, Issuing Officer
Effective: Apri] 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16,2005 Order on Certificatior. and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER(K-691-025. EL04-104-OI3 and EL04-104-02-4 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)}.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
18.3
Second Revised Sheet No. 264
Superseding First Revised Sheet No. 264
Timing of Requests and Responses Regarding Reservation of
Non-Firm Point-To-Point Transmission Service
See Attachment J. Requests for service received later than the applicable
time prior to the day service is scheduled to commence will be accommodated if
practicable.
18.4
Determination of Available Transmission Capability
Following receipt of a tendered schedule the Transmission Provider will
make a determination on a non-discriminatory basis of available transmission
capability pursuant to Section 15.2. Such determination shall be made as soon as
reasonably practicable after receipt, but not later than the time periods specified in
Attachment J.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1, 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ERO--691-025. EL04-104-013 and EL04-104-024 atifae
Transmission System Operator. Inc.. 110 FERC "i 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
19
Second Revised Sheet No. 265
Superseding First Revised Sheet No. 265
Additional Study Procedures For Firm Point-To-Point Transmission Service
Requests
19.1
Notice of Need for System Impact Study
After receiving a request for service, the Transmission Provider or ITC, as
applicable, shall determine on a non-discriminatory basis whether a System
Impact Study is needed. A description of the Transmission Provider's and, as
applicable, ITC's methodology for completing a System Impact Study is provided
in Attachment D.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1. 2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos' ER04-691-014, ER04-691 -025, EL04-104-013 and EL04-104-024 (Mithvesi Independent
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)1.
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
Second Revised Sheet No. 266
Superseding First Revised Sheet No. 266
If the Transmission Provider or ITC. as applicable, determines that a
System Impact Study is necessary to accommodate the requested service, the
Transmission Provider shall so inform the Eligible Customer within the times
specified in Attachment J. In such cases, the Transmission Provider shall within
thirty (30) days of receipt of a Completed Application tender a System Impact
Study Agreement in the form of Attachment D-l of this Tariff, pursuant to which
the Eligible Customer shall agree to reimburse the Transmission Provider or ITC.
as applicable, for performing the required System Impact Study including any
costs of the Transmission Owner(s) and ITC Participant! s) where applicable. For
a service request to remain a Completed Application, the Eligible Customer shall
execute the System Impact Study agreement and return it to the Transmission
Provider within the time provided for in Attachment J. If the Eligible Customer
elects not to execute the System Impact Study agreement, its application shall be
deemed withdrawn and any deposit, pursuant to Section 17.4. shall be returned
with interest.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025. EL04-10^-013 and EL04-I04-024 iMidwest Independent
Transmission System Operator. Inc., 110 FERC •" 61.2S9 (2005V!.
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
19.2
Second Revised Sheet No. 26:
Superseding First Revised Sheet No. 26"
System Impact Study Agreement and Cost Reimbursement
(i)
The System Impact Study agreement will clearly specify- the
Transmission Pro\ider"s or. as applicable. ITC's estimate of the
actual cost, and time for completion of the System Impact Study.
The charge shall not exceed the actual cost of the study. In
performing the System Impact Study, the Transmission Provider
or, as applicable, ITC shall rely, to the extent reasonably
practicable, on existing transmission planning studies. The
Eligible Customer will not be assessed a charge for such existing
studies; however, the Eligible Customer will be responsible for
charges associated with any modifications to existing planning
studies that are reasonably necessary to evaluate the impact of the
Eligible Customer's request for service on the Transmission
Svstem.
Issued by. Ronald R. McNamara. Issuing Officer
Effective-. April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-10^-024 (Midv;est Independent
Transmission System Operator. Inc.. 110 FERC f 61,289 (2005)1.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
(ii)
Second Revised Sheet No. 268
Superseding First Revised Sheet No. 268
If in response to multiple Eligible Customers requesting service in
relation to the same competitive solicitation, a single System
Impact Study is sufficient for the Transmission Provider or ITC, as
applicable, to accommodate the requests for service, the costs of
that study shall be pro-rated among the Eligible Customers.
(iii)
Each Transmission Owner shall pay the Transmission Provider for
System Impact Studies that the Transmission Provider conducts on
the Transmission Owner's behalf in instances where merchant
employees of the Transmission Owner, or as applicable the ITC.
have requested transmission service, the same as any nontransmission owning customer.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-69 3-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Mid-«es!~Independen>
Transmission Syslem Operator. Inc.. 110 FERC T 61,289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
19.3
Second Revised Sheer No. 269
Superseding First Revised Sheet No. 269
System Impact Study Procedures
Upon receipt of an executed System Impact Study Agreement in the form
of Attachment D-I of this Tariff, the Transmission Provider or ITC as applicable.
will use due diligence to complete the required System Impact Study in
coordination with the relevant Transmission Owners within sixty (60) days or as
soon as practicable. The System Impact Study shall identify any system
constraints and rcdispatch options, additional Direct Assignment Facilities or
Network Upgrades required to provide the requested service. In the event that the
Transmission Provider or ITC is unable to complete the required System Impact
Study within such time period, it shall so notify the Eligible Customer and
provide an estimated completion date along with an explanation of the reasons
why additional time is required to complete the required studies. A copy of the
completed System Impact Study and related work papers shall be made available
to the Eligible Customer. The Transmission Provider or ITC will use the same
due diligence in completing the System Impact Study for an Eligible Customer as
it uses when completing studies for Transmission Owners or ITC Participants.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-Ol4. ER04-691-025. EL04-104-013 and EL04-104-024 (Midwesi Independent
Transmission System Operator, Inc., 110 FERC «| 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. !
Second Revised Sheet No. 270
Suoersedine First Revised Sheet No. 270
The Transmission Provider or ITC. as applicable, shall notify the Eligible
Customer immediately upon completion of the System Impact Study if the
Transmission System will be adequate to accommodate all or part of a request for
service or that no costs are likely to be incurred for new transmission facilities or
upgrades. In order for a request to remain a Completed Application, within the
time period set forth in Attachment J for a customer response from the date of
completion of the System Impact Study the Eligible Customer must execute a
Sen-ice Agreement or request the filing of an unexecuted Service Agreement
pursuant to Section 15.3 or the Application shall be deemed terminated and
withdrawn.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to compiy with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC «| 61.289 {2005)1.
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
19.4
Second Revised Sheet N'o. 27
Superseding First Revised Sheet No. 2"
Facilities Study Procedures
If a System Impact Study indicates that additions or upgrades to the
Transmission System are needed to supply the Eligible Customer's service
request, the Transmission Provider, within thirty (30) days of the completion of
the System Impact Study, shall tender to the Eligible Customer a Facilities Study
Agreement pursuant to which the Eligible Customer shall agree to reimburse the
Transmission Provider or. as applicable, ITC and any affected Transmission
Owner(s) for performing the required Facilities Study. For a service request to
remain a Completed Application, the Eligible Customer shall execute the
Facilities Study Agreement in the form of Attachment D-2 of this Tariff and
return it to the Transmission Provider within fifteen (15) days. If the Eligible
Customer elects not to execute the Facilities Study Agreement, its application
shall be deemed withdrawn and any deposit pursuant to Section 17.4, shall be
returned with interest. Upon receipt of an executed Facilities Study Agreement,
the Transmission Provider or ITC, as applicable, in coordination with the
appropriate Transmission Owner(s) and ITC Participant(s) will use due diligence
to complete the required Facilities Study within a sixty (60) day period.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued OR: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-I04-013 and ELO^-104-024 (Mich-.-est Independent
Transmission System Operator. Inc.. 110 FERC f 61.289 {2005}).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 272
Superseding First Revised Sheet No. 2~2
If the Transmission Provider or ITC. as applicable, together with the affected
Transmission O\vncr(s) and ITC Participant) s) are unable to complete the
Facilities Study in the allotted time period, the Transmission Provider or ITC, as
applicable, shall notify the Transmission Customer and provide an estimate of the
time needed to reach a final determination along with an explanation of the
reasons that additional time is required to complete the study. When completed,
the Facilities Study will include a good faith estimate of: (i) the cost of Direct
Assignment Facilities to be charged to the Transmission Customer; (ii) the
Transmission Customer's appropriate share of the cost of any required Network
Upgrades as determined pursuant to the provisions of Module B of this Tariff; and
(iii) the time required to complete such construction and initiate the requested
service. The Transmission Customer shall provide the Transmission Provider
with a letter of credit or other reasonable form of security acceptable to the
Transmission Provider or ITC. as applicable, equivalent to the costs of new
facilities or upgrades consistent with commercial practices as established by the
Uniform Commercial Code. Within the time set out on Attachment J. the
Transmission Customer shall execute a Service Agreement or request the filing of
an unexecuted Sen-ice Agreement and provide the required letter of credit or
other form of security or the request will no longer be a Completed Application
and shall be deemed terminated and withdrawn.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1. 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ERO--691-014, ER04-691-025, EL04-10-i-OI3 and EL04-104-024 (Miehvesi Independent
Transmission System Operator. Inc., 110 FERC *" 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
19.5
Second Revised Sheet No. 273
Superseding First Revised Sheet No. 273
Facilities Study Modifications
Any change in design arising from inability to site or construct facilities as
proposed will require development of a revised good faith estimate. New good
faith estimates also will be required in the event of new statutory' or regulatory
requirements that are effective before the completion of construction or other
circumstances beyond the control of the Transmission Provider. ITC. ITC
Participants), or the affected Transmission Owner(s) that significantly affect the
final cost of new facilities or upgrades to be charged to the Transmission
Customer pursuant to the provisions of Module B of this Tariff.
19.6
Due Diligence in Completing New Facilities
The Transmission Provider or the ITC, as applicable, and the affected
Transmission Owner(s) shall use due diligence to add necessary facilities or
upgrade the Transmission System within a reasonable time. The Transmission
Provider will not allow the upgrade to the existing or planned Transmission
System in order to provide the requested Firm Point-To-Point Transmission
Service if doing so would impair system reliability or otherwise impair or degrade
existing firm sendee.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos' ER04-691-014. ER04-691-025. ELO--104-013 and EL04-! 04-024 (Mifa-est Independent
Transmission Sysrem Operator, Inc., 110 FERC \ 6K289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
19.7
Second Revised Sheet No. 2'
Superseding First Revised Sheet No. 2'
Partial Interim Service
If rhe Transmission Provider or 1TC determines that it will not have
adequate transmission capability to satisfy the full amount of a Completed
Application for Firm Point-To-Point Transmission Service, the Transmission
Provider nonetheless shall be obligated to offer and provide the portion of the
requested Firm Point-To-Point Transmission Service that can be accommodated
without addition of any facilities and through the redispatch of Generation
Resources consistent with provisions in Module C. However, the Transmission
Provider shall not be obligated to provide the incremental amount of requested
Firm Point-To-Point Transmission Service that requires the addition of facilities
or upgrades to the Transmission System until such facilities or upgrades have
been placed in service.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket N'os. ER04-691-OI4, ERO--691-025. EL04-104-013 and EL04-104-024 (Miefa-estlndependent
Transmission System Operator Inc., 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume Xo. !
19.8
Second Revised Sheet No. 2 /5
Superseding First Revised Sheet No. 275
Expedited Procedures for New Facilities
In lieu of the procedures set forth above, the Eligible Customer shall have
the option to expedite the process by requesting the Transmission Provider to
tender at one time, together with the results of required studies, an expedited
Service Agreement pursuant to which the Eligible Customer would agree to
compensate the Transmission Provider or ITC and the affected Transmission
Owner(s) for all costs incurred pursuant to the terms of this Tariff. In order to
exercise this option, the Eligible Customer shall request in writing an expedited
Service Agreement covering all of the above-specified items within the time
limits set forth in Attachment J from the time it receives the results of the System
Impact Study identifying needed facility additions or upgrades or costs incurred in
providing the requested service.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 {\fid\vesilndependent
Transmission System Operator, inc.. 110 FERC *" 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 2/6
Sunersedine First Revised Sheet No. 2~6
While the Transmission Provider. ITC. as applicable, and the affected
Transmission CKvner(s) agree to provide the Eligible Customer with their best
estimate of the new facility costs and other charges that may be incurred, such
estimate shall not be binding and the Eligible Customer must agree in writing to
compensate the Transmission Provider. ITC. and the affected Transmission
Owner(s) for all costs incurred pursuant to the provisions of the Tariff. The
Eligible Customer shall execute and return such an Expedited Service Agreement
within fifteen (15) days of its receipt or the Eligible Customer's request for
sen-ice will cease to be a Completed Application and will be deemed terminated
and withdrawn.
Issued by. Ronald R. McNamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc., 110 FERC •! 6K2S9 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
20
Second Revised Sheet No. 2"
Sunersedine First Revised Sheet No. 2"
Procedures if the Transmission Provider or ITC is Unable to Complete New
Transmission Facilities for Firm Point-To-Point Transmission Service
20.1
Delays in Construction of New Facilities
If any event occurs that \vill materially affect the rime for completion of
new facilities, or the ability to complete them, the Transmission Provider shall
promptly notify the Transmission Customer. In such circumstances, the
Transmission Provider shall within thirty7 (30) days of notifying the Transmission
Customer of such delays, convene a technical meeting with the Transmission
Customer and the affected Transmission Owner(s) and ITC to evaluate the
alternatives available to the Transmission Customer. The Transmission Provider
also shall make available to the Transmission Customer studies and work papers
related to the delay, including all information that is in the possession of the
Transmission Provider and affected Transmission Owner(s) and ITC that is
reasonably needed bv the Transmission Customer to evaluate anv alternatives.
Issued by: Ronald R. McXamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-014, ER04-691-025, EL04-304-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC * 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
20.2
Second Revised Sheet No. 2"S
Superseding First Revised Sheet No. 2"?8
Alternatives to the Original Facility Additions
When the review process of Section 20.1 determines that one or more
alternatives exist to the originally planned construction project, the Transmission
Provider together with the affected Transmission Owner(s) and ITC shall present
such alternatives for consideration by the Transmission Customer. If, upon
review of any alternatives, the Transmission Customer desires to maintain its
Completed Application subject to construction of the alternative facilities, it may
request the Transmission Provider to submit a revised Service Agreement for
Firm Point-To-Point Transmission Service. If the alternative approach solely
involves Xon-Firm Point-To-Point Transmission Service, the Transmission
Provider shall promptly tender a Service Agreement for Non-Firm Point-To-Point
Transmission Service providing for the service. In the event the Transmission
Provider concludes that no reasonable alternative exists and the Transmission
Customer disagrees, the Transmission Customer may seek relief under the dispute
resolution procedures pursuant to Section 32 or it may refer the dispute to the
Commission for resolution.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in DocketNos. ER04-69I-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Midu-est Independent
Transmission System Operator. Inc.. 110 FERC *\ 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
20.3
Second Revised Sheet No. 279
Superseding First Revised Sheet No. 279
Refund Obligation for Unfinished Facility Additions
If the Transmission Provider and the Transmission Customer mutually
agree that no other reasonable alternatives exist and the requested service cannot
be provided out of existing capability under the conditions of Module B of this
Tariff, the obligation to provide the requested Firm Point-To-Point Transmission
Service shall terminate and any deposit made by the Transmission Customer shall
be returned with interest pursuant to Commission regulations at 18 C.F.R.
§ 35.19a(a)(2)(iii). However, the Transmission Customer shall be responsible for
all prudently incurred costs by the Transmission Provider and the affected ITC
and Transmission Owncr(s) through the time construction was suspended.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March ! 6, 2005 Order or. Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-69I-014. ERO^-691-025, EL04-104-013 and ELO--104-024 (MicHvest Independent
Transmission System Operator. Inc.. 110 FERC r 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. I
21
Second Revised Sheet No. 280
Superseding First Revised Sheet No. 2SO
Provisions Relating to Transmission Construction and Services on the
Systems of Other Utilities
21.1
Responsibility for Third-Party System Additions
The Transmission Provider, Transmission Owners. ITC, and ITC
Participants shall not be responsible for making arrangements for any necessary
engineering, permitting, and construction of transmission or Distribution Facilities
on the system(s) of any other entity- or for obtaining any regulatory approval for
such facilities. The Transmission Provider and the affected ITC and Transmission
Owner(s) will undertake reasonable efforts to assist the Transmission Customer in
obtaining such arrangements, including without limitation, providing any
information or data required by such other electric system pursuant to Good
Utility Practice.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025, EL04-104-013 and EL04-104-024 (Mifaestlndepenc/enf
Transmission System Operator, Inc... 110 FERC «" 61,289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
21.2
Second Revised Sheet No. 281
Superseding First Revised Sheet No. 281
Coordination of Third-Party System Additions
In circumstances where the need for transmission facilities or upgrades is
identified pursuant to the provisions of Module B of this Tariff, and if such
upgrades further require the addition of transmission facilities on other systems,
the affected Transmission Owner(s) and ITC in coordination with the
Transmission Provider shall have the right to coordinate construction on its (their)
own systcm(s) with the construction required by others. The Transmission
Provider together with the affected Transmission Owner(s). and ITC after
consultation with the Transmission Customer and representatives of such other
systems, may defer construction of new transmission facilities, if the newtransmission facilities on another system cannot be completed in a timely manner.
The Transmission Provider shall notify the Transmission Customer in writing of
the basis for any decision to defer construction and the specific problems which
must be resolved before construction of new facilities will be initiated or resumed.
Within sixty (60) days of receiving written notification by the Transmission
Provider of the intent to defer construction pursuant to this section, the
Transmission Customer may challenge the decision in accordance with the
dispute resolution procedures pursuant to Section 12 or it may refer the dispute to
the Commission for resolution.
Issued by: Ronald R. McN'amara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-104-013 and EL04-KK-024 (Midwest Independent
Transmission System Operator, Inc.. 110 FERC » 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
22
Second Revised Sheet No. 282
Superseding First Revised Sheet No. 282
Changes in Service Specifications
22.1
Modifications on a Non-Firm Basis
The Transmission Customer taking Firm Point-To-Point Transmission
Service may request the Transmission Provider to provide Transmission Service
on a non-firm basis over Receipt and Deliver}' Points other than those specified in
the Service Agreement ("Secondary Receipt and Delivery Points"): in amounts
not to exceed its firm capacity reservation, without incurring an additional
Non-Firm Point-To-Point Transmission Service charge (except as provided in
Section 22.2} or executing a new Service Agreement, subject to the following
conditions.
a.
Sen-ice provided over secondary Receipt and Deliver}' Points will
be non-firm only, on an as-available basis and will not displace any
firm or non-firm service reserved or scheduled by third-parties
under this Tariff or by the Transmission Owner on behalf of its
Native Load Customers.
Issued by: Ror.ald R. McNamara. Issuing Officer
Effective: April I. 2005
Issued on: April 6, 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-69I-014. ER04-691-025, EL04-104-013 and EL04-104-024 (MiAvest Independent
Transmission System Operator. Inc., \ 10 FERC * 61,2S9 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
b.
Second Revised Sheet No. 2s3
Superseding First Revised Sheet No. 283
The sum of all Firm and Non-Firm Point-To-Point Transmission
Service provided to the Transmission Customer at any time
pursuant to this section shall not exceed the Reserved Capacity in
the relevant Service Agreement under which such services are
provided.
c.
The Transmission Customer shall retain its right to schedule Firm
Point-To-Point Transmission Sendee at the Receipt and Delivery
Points specified in the relevant Service Agreement in the amount
of its original capacity reservation.
d.
Service over secondary Receipt and Delivery Points on a non-firm
basis shall not require the filing of an Application for Non-Firm
Point-To-Point Transmission Service under this Tariff. However,
all other requirements of Module B of this Tariff (except as to
transmission rates) shall apply to Transmission Service on a nonfirm basis over secondary Receipt and Delivery Points.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April I. 2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-69I-014. ER04-691-025. ELOi-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC "I 6K2S9 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
22.2
Second Revised Sheet No. 2S4
Superseding First Revised Sheet No. 284
Additional Charge to Prevent Abuse
If a Transmission Customer making the modifications in Section 22.1
takes service that costs more than the Transmission Customer initially reserved,
then for the service the Transmission Customer schedules, the Transmission
Customer shall pay, in addition to the amounts based on its initial reservation, the
additional costs associated with the new service. Such additional charge shall be
prorated to apply only for the period of time during which sen-ice is scheduled
over the secondary path. In addition, the Market Participant shall pay for
Marginal Losses and any congestion relief costs based on the actual transmission
path for which service is scheduled according to the provisions in Module C.
(a)
During the time that the Transmission Customer is obtaining
Non-Firm Point-To-Point Transmission Service over secondary Points of Receipt
and Points of Delivery, the Transmission Customer shall be charged the higher of:
(i) the rate associated with the original Firm Point-To-Point Transmission Service
reservation that was redirected; or fii) the rate for the Non-Firm Point-To-Point
Transmission Service obtained over the secondary Point of Receipt or Point of
Delivery. Any portion of the original Firm Point-To-Point Transmission Sendee
reservation not redirected shall be charged the original Firm Point-To-Point
Transmission Service reservation rate.
Issued by: Ronald R. McKamara. Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ERQ4-691-014. ERG4-691-025, EL04-104-013 and EL04-]04-024 (Midv.-esr Independent
Transmission System Operator. Inc.. 110 FERC "! 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
22.3
Second Revised Sheet No. 2S5
Superseding First Revised Sheet No. 285
Modification on a Firm Basis
Any request by a Transmission Customer taking Firm Point-To-Point
Transmission Service to modify Receipt and Delivery Points on a firm basis shall
be treated as a new request for service in accordance with Section 17 hereof,
except that such Transmission Customer shall not be obligated to pay any
additional deposit if the capacity reservation does not exceed the amount reserved
in the existing Service Agreement. While such new request is pending, the
Transmission Customer shall retain its priority for service at the existing firm
Receipt and Delivery Points specified in its Service Agreement.
Issued by: Ronald R. McNamara, issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ERO--691-025, EL04-104-013 and EL04-1(U-024 (MidH-est Independent
Transmission System Operator, Inc.. 110 FERC J 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
23
Second Revised Sheet No. 286
Superseding First Revised Sheet No. 286
Sale or Assignment of Transmission Service
23.1
Procedures for Assignment or Transfer of Service
Subject to Commission approval of any necessary filings, a Transmission
Customer may sell, assign, or transfer all or a portion of its rights under its
Service Agreement, but only to another Eligible Customer (the "Assignee"). The
Transmission Customer that sells, assigns or transfers its rights under its Service
Agreement is hereafter referred to as the "Reseller." Compensation to the
Reseller shall not exceed the higher of (i) the original rate paid by the Reseller,
(ii) the Transmission Provider's or. as applicable, ITC's maximum rate on file at
the time of the assignment, or (Hi) the Reseller's opportunity cost capped at the
Transmission Provider's or. as applicable, ITC's cost of expansion. If the
Assignee does not request any change in the Point(s) of Receipt or the Point(s) of
Delivery, or a change in any other term or condition set forth in the original
Service Agreement, the Assignee will receive the same services as did the
Reseller and the priority of service for the Assignee will be the same as that of the
Reseller. A Reseller should notify7 the Transmission Provider as soon as possible
after any assignment or transfer of service occurs but in any event, notification
must be provided prior to any provision of sen-ice to the Assignee. The Assignee
will be subject to all terms and conditions of this Tariff. If the Assignee requests
a change in service, the reservation priority of service will be determined by the
Transmission Provider pursuant to Section 13.2.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Mi&vesr Independent
Transmission System Operator: Inc.. 110 FERC \ 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. I
23.2
Second Revised Sheet No. 28 /
Superseding First Revised Sheet No. 287
Limitations on Assignment or Transfer of Service
If the Assignee requests a change in the Point(s) of Receipt or Point(s) of
Delivery, or a change in any other specifications set forth in the original Service
Agreement, the Transmission Provider will consent to such change subject to the
provisions of the Tariff, provided that the change will not impair the operation
and reliability of the Transmission Owners'. ITC% or ITC Participant's
generation, transmission, or distribution systems. The Assignee also will pay
additional charges, if any, provided for by Section 22.2. and for any additional
charges, including Ancillary Services, or other Transmission Provider charges. In
addition, the Market Participant shall be financially responsible for any Energy,
Marginal Congestion Charge, and Marginal Losses associated with related Market
Participant's transactions as set forth in Sections 39.3.1, 39.3-3. 40.3 and 40.4.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16, -005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos.'ER04-691-014, ER04-691-025. EL04-104-013 and EL04-104-024 (Midges; Independent
Transmission System Operator. Inc., 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 288
Superseding First Revised Sheet No. 288
The Assignee shall compensate the Transmission Provider or ITC. as applicable,
for performing any System Impact Study needed to evaluate the capability of the
Transmission System to accommodate the proposed change and any additional
costs resulting from such change. The Reseller shall remain liable for the
performance of all obligations under the Service Agreement, except as
specifically agreed to by the Parties through an amendment to the Service
Agreement.
23.3
Information on Assignment or Transfer of Service
In accordance with Section 4, Resellers may use the Transmission
Provider's OASIS to post transmission capacity available for resale.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April L 2005
Issued on: April 6. 2005
Filed to comply with the March 16: 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Mifaest Independent
Transmission System Operator. Inc.. 110 FERC T 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
24
Second Revised Sheet No. 289
Superseding First Revised Sheet No. 289
Metering and Power Factor Correction at Receipt and Delivery Points(s)
24.1
Transmission Customer Obligations
Unless otherwise agreed, the Transmission Customer shall be responsible
for the cost of installing and maintaining compatible metering and communications
equipment to accurately account for the Energy being transmitted under this Tariff
and to communicate the information to the Transmission Provider. Such equipment
installed on the Transmission Customer's system shall remain the property of the
Transmission Customer. Such equipment installed on the Transmission Owner's or
ITC's system shall remain the property of the Transmission Owner or ITC.
24.2
Transmission Provider Access to Metering Data
The Transmission Provider or its agent or. as applicable. ITC shall have
access to metering data, which may reasonably be required to facilitate
measurements and billing under the Service Agreement.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued or.: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Midnest Independent
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
24.3
Second Revised Sheet No. 290
Superseding First Revised Sheet No. 290
Power Factor
Unless otherwise agreed, the Transmission Customer is required to
maintain a power factor within the same range specified by the Transmission
Provider, in consultation with the appropriate Transmission Owners and ITC.
pursuant to Good Utility Practices. The power factor requirements are specified
in the Service Agreement where applicable.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-OI3 and EL04-104-024 (Michvesr Independent
Transmission System Operator. Inc.. ! 10 FERC c 6L2S9 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. !
25
Second Revised Sheet No. 291
Superseding First Revised Sheet No. 291
Compensation for Transmission Service
Rates for Firm and Non-Firm Point-To-Point Transmission Service are provided
in the Schedules appended to this Tariff: Firm Point-To-Point Transmission Service
(Schedule 7); and Non-Firm Point-To-Point Transmission Service (Schedule 8). In
addition to paying any applicable Ancillary Service costs, the Transmission Customer
also shall pay: if) the Transmission Provider's costs in accordance with Schedule 10
and/or, if applicable; fii) the ITC administrative fee plus any other applicable charges in
accordance with the applicable ITC Rate Schedule.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos"ER04-691-014, ER04-691-025. EL04-104-013 and EL04-104-024 (.\fid\\-esilndependent
Transmission System Operator. Inc... 110 FERC r 6K289 (2005)).
Midwest ISO
FERC Eiectric Tariff, Third Revised Volume No. !
26
Second Revised Sheet No. 292
Superseding First Revised Sheet No. 292
Stranded Cost Recovery
This Tariff, including any ITC Rate Schedule, does not affect in any way the right
of any Transmission Owner or ITC Participant to seek and receive stranded cost recovery
or the right of anyone to oppose such stranded cost recovery. Thus, the Transmission
Owner(s) or ITC Participant(s) may seek to recover stranded costs from the User(s) in
accordance with the terms, conditions and procedures set forth in FERC Order No. 888.
However, the Transmission Owner(s) or ITC Participant s) must separately file any
specific proposed stranded cost charge under Section 205 of the Federal Power Act. If
the Commission approves stranded cost charges to be recovered through schedules to be
implemented "by the Transmission Provider, the Transmission Provider as agent shall
charge and collect the appropriate charge(s) from the relevant User(s) and distribute the
appropriate amounts directly to the relevant Transmission Owner(s) or ITC Participant(s).
Issued by. Ror.a\6R. McKamara, Issuing Officer
Effecti\e-. Apii'i }.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos.' ER04-691-014, ER04-691 -025. EL04-104-013 and EL04-104-024 (Midwesi Independent
Transmission System Operator. Inc.. 110 FERC «! 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
27
Second Revised Sheet No. 293
Superseding First Revised Sheet No. 293
Compensation for New Facilities and Redispatch Costs
Whenever a System Impact Study performed by the Transmission Provider in
connection with the provision of Firm Point-To-Point Transmission Service identifies the
need for new facilities, the recovery of such costs shall be governed by Attachment N.
Whenever a System Impact Study performed by the Transmission Provider identifies
Capacity constraints that may be relieved more economically by redispatching
Generation Resources than by building new facilities or upgrading existing facilities to
eliminate such constraints, redispatch will be handled in accordance with Module C.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6, 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. EROi-691-014. ER04-69I-025, EL04-I04-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc.. \ 10 FERC » 61.289 (2005)).
Midwest ISO
FERC Electric Tariff, Third Revised Volume No. 1
III.
Second Revised Sheet No. 294
Superseding First Revised Sheet No. 294
NETWORK INTEGRATION TRANSMISSION SERVICE
Preamble
The Transmission Provider will provide Network Integration Transmission Service
pursuant to the applicable terms and conditions contained in the Tariff and Service Agreement.
Network Integration Transmission Service allows the Network Customer to integrate,
economically dispatch and regulate its current and planned Network Resources to serve its
Network Load in a manner comparable to that in which the Transmission Owners utilize the
Transmission System to serve their Native Load or other Network Customers. Network
Integration Transmission Service also may be used by the Network Customer to deliver economy
Energy purchases to its Network Load from non-designated resources on an as-available basis
without additional charge. Transmission Service for sales to non-designated Loads will be
provided pursuant to the applicable terms and conditions of Module B of this Tariff and/or any
applicable ITC Rate Schedule.
Issued by: Ronald R. McN'amara, Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-104-013 and EL04-104-024 (Mid\veat Independent
Transmission System Operator, Inc., 110 FERC «I 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
Second Revised Sheet No. 295
Sunersedms First Revised Sheet No. 295
An ITC may provide Network Integration Transmission Service pursuant to an ITC Rate
Schedule to the extent both the Network Loads and the Network Resources are within the ITC
System, provided that the Network Customer has an appropriate Service Agreement with the
Transmission Provider. Network Resources located outside of the Transmission System
(Michigan) will be required to obtain services under Schedule 9 of this Tariff in order to import
such Network Resource(s) to the Transmission System (Michigan). Network Customers with
Loads and Resources physically and directly interconnected with the Transmission System
(Michigan) may also obtain Network Integration Transmission Service under
Schedule 9 - Michigan of this Tariff. Network Customers with Loads and Resources located
both inside and outside (and vice versa) of the Transmission System (Michigan) may also obtain
Network Integration Transmission Service under Schedule 9 of this Tariff. In addition.
Transmission Service for sales to non-designated Loads that are not on the Transmission System
(Michigan) will be provided pursuant to the applicable terms and conditions of Module B of this
Tariff.
Issued by: Ronald R. McNamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos'ER04-691-01-. ER04-691-025. EL04-104-013 and EL04-104-024 (Midwestlndependenf
Transmission System Operator, Inc.. \ 10 FERC r 61.2S9 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
28
Second Revised Sheet No. 296
Superseding First Revised Sheet No. 296
Nature of Network Integration Transmission Sen ice
28.1
Scope of Service
Network Integration Transmission Service is a Transmission Service that
allows Network Customers to efficiently and economically utilize their Network
Resources (as well as other non-designated generation resources) to serve their
Network Load located in a Transmission Owner's, ITC or ITC Panicipant(s)
Control Area or pricing zone and any additional Load that may be designated
pursuant to Section 31 of this Tariff. The Network Customer taking Network
Integration Transmission Service must obtain or provide Ancillary Services
pursuant to Section 3 or any applicable ITC Rate Schedule.
Issued by: Ronald R. McSamara, Issuing Officer
Effective: April 1,2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014. ER04-691-025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator, Inc., 110 FERC T 61,289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
28.2
Second Revised Sheet No. 29'
Superseding First Revised Sheet No. 29"!
Transmission Provider Responsibilities
The Transmission Provider will plan, operate, and cause to be maintained
the Transmission System in accordance with Good Utility Practice in order to
provide the Network Customer with Network Integration Transmission Service
over the Transmission System. The Transmission Owners and ITC Participants,
on behalf of Native Load Customers, shall be required to designate resources and
Loads in the same manner as any Network Customer under Module B of this
Tariff. This information must be consistent with the information used by the
Transmission Provider to calculate available transmission capability. The
Transmission Provider and ITC shall include the Network Customer's Network
Load in Transmission System planning and shall, consistent with Good Utility
Practice, endeavor to cause to be constructed and placed into service sufficient
transmission capacity to deliver the Network Customer's Network Resources to
serve its Network Load on a basis comparable to the Transmission Owner(s') and
ITC Participant(s') delivery of electric generating and purchased resources to
Native Load Customers.
Issued by: Ronald R. McNamara. Issuing Ofticer
Effective1. April 1.2005
Issued or.: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ERO-^-691-OM, ER04-691-025. EL04-104-013 and EL04-104-024 (Midwest Independent
Transmission System Operator. Inc.. 110 FERC r 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. I
28.3
Second Revised Sheet No. 298
Superseding First Revised Sheet No. 298
Network Integration Transmission Service
The Transmission Provider and. as applicable. 1TC will provide Firm
Transmission Service over the Transmission System to the Network Customer for
the deliver\- of capacity and energy from its designated Network Resources to
service its Network Loads on a basis that is comparable to the Transmission
Owner(s') and ITC Participant(s') use of the Transmission System to reliably
serve Native Load Customers.
28.4
Secondary Service
The Network Customer may use the Transmission System to deliver
energy to its Network Loads from Generation Resources that have not been
designated as Network Resources. Such Energy shall be transmitted, on an asavailable basis, with no additional charges imposed under Schedules 7. 8. or 9. or
the applicable ITC Rate Schedule. Deliveries from Generation Resources other
than Network Resources will have a higher priority than any Non-Firm
Point-To-Point Transmission Service under Module B of this Tariff or under any
applicable ITC Rate Schedule.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16. 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in DocketNos. ER04-691-014. ER04-691-025. EL04-I04-013 and ELQ4-}Q4-Q2£(Mid\vesrlntiependenr
Transmission System Operator. Inc.. 110 FERC *i 61.289 (2005)).
Midwest ISO
FERC Electric Tariff. Third Revised Volume No. 1
28.5
Second Revised Sheet No. 299
Suoersedintz First Revised Sheet No. 299
Marginal Losses
System Losses are associated with all Transmission Sen-ice including
Transmission Service associated with Grandfathered Agreements. The
Transmission Provider shall assess to Market Participants the Marginal Losses
Component of LMP in Sections 39.2.9.c.ii, 39.3.3.c.ii, 40.2.11, and 40.4.1. The
Transmission Provider, ITC Transmission Owners, and ITC Participant(s) are not
obligated to provide Marginal Losses.
28.6
Restrictions on Use of Service
The Network Customer shall not use Network Integration Transmission
Service for (i) sales of capacity and energy to non-designated Loads, or (ii) direct
or indirect provision of Transmission Service by the Network Customer to third
parties. All Network Customers taking Network Integration Transmission Service
shall use Point-To-Point Transmission Service under Module B of this Tariff for
any Third-Party Sale which requires use of the Transmission Provider's
Transmission System except for service where the purchaser is a Network
Customer of the Transmission Provider.
Issued by: Ronald R. McNamara. Issuing Officer
Effective: April 1.2005
Issued on: April 6. 2005
Filed to comply with the March 16, 2005 Order on Certification and Conditionally Approving Revised Tariff Sheets
in Docket Nos. ER04-691-014, ER04-691-025, EL04-104-013 and EL04-104-024 i Midwest Independent
Transmission System Operaior. Inc., 110 FERC ^ 61.289 (2005)).