FERC conditionally accepts ISO-NE’s May 9, 2023 Order 2222 60-day Compliance Changes. 

The FERC: (i) accepted ISO-NE’s Tariff revisions (section III.6.1(e)(i)) clarifying that the requirement to provide wholesale energy withdrawal service in the energy market also applies to DERAs using the Binary Storage Facility and Continuous Storage Facility participation models (finding unpersuasive protests concerning the provision of withdrawal service); and (ii) found that ISO-NE partially complied with the directives in the First Order 2222 Compliance Order regarding metering and telemetry requirements (subject to the further compliance filing directed and described below).

The FERC directed ISO-NE, on or before Jan 31, 2024, to submit a further compliance filing revising the Tariff to designate the DER Aggregator as the entity responsible for providing any required metering information to ISO-NE, and require that each DER Aggregator maintain and submit aggregate settlement data for the DERA, so that ISO-NE can regularly settle with the DER Aggregator for its market participation (and if metering data is to come from or flow through distribution utilities, the FERC directed ISO-NE to coordinate with distribution utilities and relevant electric retail regulatory authorities to establish protocols for sharing such metering data, and explain how such protocols minimize costs and other burdens and address concerns raised with respect to privacy and cybersecurity).