On behalf of Oklahoma Gas and Electric Company (OG&E) and Western Farmers Electric Cooperative (WFEC), Spencer Yang provided analysis and expert testimony to defend the client against efforts by People’s Electric Cooperative (PEC) to reclassify local distribution facilities as transmission in Southwest Power Pool, Inc. (FERC Docket No. ER22-1525, the “PEC Case”). Dr. Yang applied FERC’s “seven-factor test,” which determines whether an electric facility is categorized as distribution or transmission, on a facility-by-facility basis. He assessed factors such as local distribution proximity to retail customers, facility voltage levels, power flow characteristics, and geographic distribution of power consumption, among other considerations.
Dr. Yang concluded that none of the PEC Facilities located in the Client zones qualify as transmission under the seven-factor test. His testimony was integral to the Presiding Judge’s Initial Decision in favor of the Client, concurring with Dr. Yang’s opinion that the PEC Facilities are distribution facilities. This decision prevented the Client from incurring substantial costs associated with reclassification and was applauded as a critical victory for OG&E and WFEC.
The team
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