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How to Fix Discrimination Issues in SE Power Market Plan

Carolyn Berry, Galen Erickson
Law360
December 3, 2021
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The Southeast Energy Exchange Market (SEEM), a platform to centralize and automate bilateral trading of a 15-minute non-firm energy product called an “energy exchange,” has obtained regulatory approval to proceed. It has the potential to expand trading opportunities and benefit market participants across the southeastern United States. But the SEEM construct is vulnerable to legal challenges related to potential discriminatory and preferential access to the transmission grid.

In “How to Fix Discrimination Issues in SE Power Market Plan,” Principal Carolyn Berry and Consultant Galen Erickson outline how the lack of representative governance, stakeholder processes, and an independent market monitor for SEEM are real concerns. They offer ideas to improve non-discriminatory and non-preferential transmission access that would help ensure that the benefits of SEEM are available to all.

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