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About Jessica

Jessica Miller counsels U.S. and global clients in the energy industry involved in regulatory, compliance and litigation proceedings before the Federal Energy Regulatory Commission (FERC) and state public utility commissions. In addition, she works on related appellate litigation in federal and state courts.

Prior to joining Bracewell, Jessica held a clerkship with the Honorable Priscilla R. Owen of the U.S. Court of Appeals for the Fifth Circuit.


Publications and Speeches

“EPAct 2005: A Game Changer for Transmission?,” Renewable Energy World, June 28, 2016.

“FERC order weakens Mobile-Sierra prohibition,” Electric Light and Power, June 18, 2013.



The University of Texas School of Law,
high honors
The University of Texas at Austin,
Bachelor of Arts
highest honors

Bar Admissions



State Bar of Texas




Boost for Renewables Transmission: DOE Transmission Siting Authority Upheld

Over the last several years, Clean Line Energy Partners LLC has been pursuing development of long-haul high-voltage direct current (HVDC) transmission lines, primarily to deliver energy created by wind and other renewables in lower populated areas to high-demand areas of the country. In 2016, the U.S. Department of Energy selected Clean Line’s Plains & Eastern Clean Line Project for its first public-private partnership for development of transmission facilities pursuant to a never-before-used section of the Energy Policy Act of 2005. The Department of Energy’s authority to engage in...

FERC Confirms Contract-Specific Nature of Mobile-Sierra Presumption and WSPP Agreement Requirements

Earlier this year , we alerted you to a January 8, 2016 Revised Initial Decision by an administrative law judge (ALJ) at the Federal Energy Regulatory Commission (Commission) that implicated issues of concern to the industry as a whole, as well as to the parties to the proceeding. The Commission recently issued an order reversing the Revised Initial Decision and, in doing so, upheld the well-established contract-specific nature of a challenge to bilaterally negotiated contracts pursuant to the Mobile-Sierra presumption. [1] Background As described in more detail in our April 11, 2016 post, in...

FERC Audit Report Provides Guidance Regarding Reporting Of Uplift And Capacity Payments In Electric Quarterly Reports

On October 14, 2016, the Federal Energy Regulatory Commission (“FERC”) issued an order approving an audit report providing guidance regarding how to report certain types of transactions and payments received by those participating in the FERC-jurisdictional markets operated by Regional Transmission Organizations (“RTO”) and Independent System Operators (“ISO”) in a seller’s Electric Quarterly Reports (“EQR”). The audit report highlights pitfalls that market-based rate sellers should avoid when submitting EQRs and provides insight into areas of likely FERC scrutiny. In particular, FERC staff’s...

FERC Proposes Clarifications to EQR Requirements

In its September 22 Open Meeting, the Federal Energy Regulatory Commission (Commission) issued a Notice Seeking Comments on Proposed Revisions to Electric Quarterly Report Reporting Requirements (in Docket No. RM01-8-000, et al. ) as part of an ongoing effort to “provide for more accurate and consistent data in the EQR.” [1] Two proposed changes in the September 22 Notice are likely to be of significant interest: clarifications on reporting of booked out power and the increased ancillary services reporting obligations for transmission providers. The Notice also seeks comment on other proposed...

EPAct 2005: A Game Changer for Transmission?

Bracewell Partner David Perlman and Associate Jessica Miller recently co-authored a two-part article for Renewable Energy World discussing a little-known section of the EPAct 2005 that could bring about a so-far quiet revolution in the development of electric transmission. Please visit Renewable Energy World to read Part 1 and Part 2 .

Industry Groups Alert FERC that the Viability of Contract Formation and Contract Sanctity are at Stake in Review of Initial Decision

On May 22, 2015, the Federal Energy Regulatory Commission (“Commission”) issued Opinion No. 537, [1] reversing the March 28, 2014 Initial Decision [2] in part and remanding for clarification and further findings by the Administrative Law Judge (ALJ). The issues on which the Commission sought clarification through the remand related to the Mobile-Sierra presumption, which the Commission had determined applied to the contracts at issue which had been made pursuant to the WSPP Agreement. [3] The Mobile-Sierra presumption holds that qualifying contracts are just and reasonable under the Federal...

Intervenors Urge Caution from FERC on CAISO-PacifiCorp Energy Imbalance Market

May 7, 2014

On Friday, April 25, approximately two dozen intervenors filed comments regarding PacifiCorp's proposed amendments to its Open Access Transmission Tariff ("OATT") to permit its participation in the California Independent System Operator Corp.'s proposed Energy Imbalance Market ("EIM"). The CAISO EIM is the first proposed organized market structure across a multi-state footprint in the West, which is otherwise largely OATT-defined. PacifiCorp has contracted with the CAISO to be the first EIM participating balancing authority. The design and implementation of the new market requires...

FERC Confirms the Long Reach of Open Access Requirements

This week the Federal Energy Regulatory Commission (FERC) put to rest any doubt that transmission rights pursuant to a pre-Order No. 888 transmission service agreement are subject to the FERC's open access regime when the agreement is modified or becomes obsolete. In the same order, FERC found that a so-called "resale tariff" is only permissible where a jurisdictional transmission provider seeks to resell transmission rights on a non-jurisdictional transmission provider's facilities"”where the resale could not be facilitated under a FERC-approved Open Access Transmission Tariff (OATT). FERC'...

FERC Order Appears to Weaken Mobile-Sierra Protection for Contract and Tariff Provisions

June 17, 2013

On May 17, 2013, the Federal Energy Regulatory Commission found that its generic findings in its regional transmission planning order, Order No. 1000, were sufficient to overcome the Mobile-Sierra prohibition against the alteration of contract terms unless they seriously harm the public interest. ISO New England Inc. , 143 FERC ¶ 61,150 (2013). This conclusion may signal a weakening, under certain circumstances, of the previously high standard for overcoming the Mobile-Sierra presumption of justness and reasonableness. The apparent departure from Commission precedent was significant enough to...

New Utility Filing Obligations in New York: Is Your Company Implicated?

January 28, 2013

While your company's regulatory obligations to the Federal Energy Regulatory Commission relating to its participation in wholesale markets satisfies most states' need for information, they may not be enough for New York. If your company has a certificate subjecting it to "lightened regulation" in New York, it may need to start filing an Annual Report with the New York Public Service Commission ("NYPSC") as of July 1, 2013. On January 23, 2013, the NYPSC established a final format for annual reporting required of electric and gas corporations subject to lightened ratemaking regulation...

PJM IBTs - What Is Going On?

There is another development in the PJM Internal Bilateral Transactions (IBT) saga. PJM appears to have indirectly threatened to investigate parties that seek to comment on and help resolve the generic issues raised by PJM's interpretation of its tariff and statements concerning the scope of market participants affected by its interpretation of the "physicality" requirement of its tariff concerning IBTs. Originally, PJM indicated that only three market participants were affected; however, the number of affected participants now appears to be both undetermined and possibly much greater due to...

Electricity Buy/Sells: Permitted, Prohibited, or Simultaneous Exchanges?

Recently the Federal Energy Regulatory Commission clarified the regulatory status of a type of energy transaction called a "Simultaneous Exchange." However, at the same time, the Commission has created ambiguity in a related area. That is, whether electricity Buy/Sell transactions are prohibited by the Commission's orders and regulations. Previously, market participants have understood the answer to be "no." Statements by the Commission in this order give rise to questions about how the Commission views such transactions and, given the definition of Simultaneous Exchanges established by...

FERC Orders Prior Authorization for a Subcategory of Locational Exchanges of Power

February 22, 2012

On February 16, 2012, FERC issued two orders regarding locational exchanges of wholesale electric power, the implications of which will require prior authorization for a subset of future locational exchanges. FERC also indicated that its decisions might result in modifications to the EQR reporting requirements. In June 2010, in docket number EL10-71, Puget Sound Energy, Inc. filed a petition requesting that FERC confirm that "locational exchanges" of electric power, a kind of off-setting power sale, are permissible wholesale power transactions and not transmission transactions subject to an...



The University of Texas School of Law
Order of the Coif
The University of Texas School of Law
Texas Law Review
Notes Editor
U.S. Court of Appeals for the Fifth Circuit
Law Clerk