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On January 22, 2021, two Washington state irrigation districts, Quincy-Columbia Basin Irrigation District and East Columbia Basin Irrigation District (the “Districts”), filed a Petition for Declaratory Order (“Petition”) requesting that FERC find that Federal Power Act (“FPA”) section 211A does not grant FERC jurisdiction over an unregulated transmitting utility solely as a result of the utility establishing different transmission rates by customer class or by contract.
According to the Petition, Quincy-Columbia Basin Irrigation District and East Columbia Basin Irrigation District are quasi-municipal irrigation districts that operate and maintain portions of the Columbia Basin Project, which includes the Grand Coulee Dam, multiple reservoirs, and various irrigation delivery facilities to deliver water to more than 600,000 acres of land. The Districts explained that during the Project’s development, the Bonne