DC Circuit Grants Stay of FERC Order Accepting Termination of Killingly CSO; Impacts FCA16 Administration

The Court ordered that the FERC’s Jan 3, 2022 order be stayed stayed until 30 days after FERC resolves the pending petition for rehearing of that Jan 3, 2022 order.

In a notice issued on Feb 4, ISO-NE indicated that it would  comply with this order by unwinding its actions to terminate the CSO and will include Killingly in the conduct of FCA16.  Should the FERC confirm the termination of the Killingly CSO, after FCA16 has concluded, ISO-NE will adjust the auction results to reflect the removal of Killingly.  

Specifically, in a second update notice issued on Feb 6, ISO-NE indicated that it would conduct FCA16 as scheduled on Mon, Feb 7, 2022, with the following additional steps:

  • At the conclusion of the auction , ISO-NE will calculate results with and without Killingly. These results will have unique prices and quantities cleared, with one set of prices and quantities that include Killingly and a second set of prices and quantities that do not include Killingly.
  • ISO-NE will keep the results confidential until there is greater certainty about Killingly’s status. This will protect the commercially-sensitive information that might otherwise be revealed as part of the auction finalization process. This approach will allow the ISO to conduct the auction in a timely fashion, consistent with the requirements of its Tariff, while addressing the uncertainty created by the recent D.C. Circuit Court of Appeals order.
  • ISO-NE will not reveal the results of any clearing in the substitution auction until there is further resolution on Killingly’s status.