E.ON Climate & Renewables North America and two affiliated wind generation project companies successfully challenge costs charged to generators for network upgrades associated with new generation interconnection

Client(s) E.ON Climate & Renewables GmbH

Jones Day represented E.ON Climate & Renewables North America LLC and affiliated wind generation project companies in a complaint proceeding brought at FERC against Northern Indiana Public Service Company (NIPSCO). In its complaint, the E.ON Parties successfully challenged the price terms of two Transmission Upgrade Agreements that required the E.ON Parties to pay the costs of certain network upgrades associated with the interconnection of the E.ON Parties' wind generation facilities to the transmission system operated by the Midcontinent Independent System Operator. In its order granting the E.ON Parties' complaint, FERC disallowed NIPSCO's recovery of certain costs and established further proceedings in order to limit the wind generators' cost responsibility to only those costs directly related to the network upgrades that are actually incurred by NIPSCO.