In a separate order, FERC declined to disclaim jurisdiction over prospective transmission facilities to interconnect the station and the Electric Reliability Council of Texas (ERCOT), saying it did not have the information necessary to grant Tres Amigas’ request.

Nevertheless, the commission stated that upon receipt of a valid application under Federal Power Act sections 210 and 211, the commission could issue orders pursuant to those sections to allow Tres Amigas to proceed and interconnect with ERCOT without conferring FERC jurisdiction over ERCOT utilities.

Jon Wellinghoff, chairman of FERC, said: “Tres Amigas is a prime example of the creativity and pioneering thinking that our country needs to expand the ability of the transmission grid to reliably accommodate all sources of electricity generation, including renewable energy.”

FERC emphasized that it supports the development of new transmission infrastructure, especially projects that provide location-constrained resources with access to markets and that help meet the nation’s current and future energy needs.

Tres Amigas is planning a three-way alternating current/direct current transmission interconnection superstation in Clovis, New Mexico, which will link the Eastern Interconnection, ERCOT and the Western Electricity Coordinating Council, and which could allow transmission of significant amounts of power between the regions.

Tres Amigas asked FERC to disclaim jurisdiction over potential transmission facilities that will cross the Texas/New Mexico state line and interconnect with ERCOT facilities. ERCOT facilities historically have been exempt from FERC jurisdiction.