Litigation Updates & Reports

Updates Between Dec 02, 2020 and Jan 06, 2021

06
Jan
FAP Info Disclosure/KYC Requirements

ISO-NE and NEPOOL jointly file revisions to FAP that (i) update FAP information disclosure requirements; (ii) update risk management disclosure requirements; and (iii) add a provision regarding prior uncured payment defaults and entry into the New England Markets.  A Mar 9, 2021 effective date requested.  Comment date Jan 27, 2021  

05
Jan
FERC Enforcement Action

FERC approves Stipulation and Consent Agreement with Algonquin Power Windsor Locks, requiring Windsor Locks to pay a $1,119,073 million civil penalty and to disgorge $1 million, including interest, to resolve the FERC’s investigation into violations, between Jul 2012 and Sep 2013, of the FERC’s Anti-Manipulation Rules

05
Jan
Fed Ct Appeal: Mystic 8/9 COS Agreement
DC Cir. 20-1343 et al.

FERC requests this proceeding be held in abeyance until Feb 26, 2021 (7 days after parties have an opportunity to appeal the Dec 21 Order Addressing Arguments Raised on Rehearing), when parties will file motions to govern further proceedings

31
Dec
NEPGA Net Cone Complaint
EL21-26

Answers, protests and comments on NEPGA’s Net Cone Complaint filed by ISO-NE, NEPOOL, NESCOE, NECOS/ENE, CT State Agencies, EPSA   

31
Dec
New DDBT Methodology

ISO-NE and NEPOOL jointly file Tariff revisions to implement a new methodology for calculating the FCM Dynamic De-List Bid Threshold (DDBT)

31
Dec
CONE, Net CONE and PPR Values

ISO-NE filed Tariff revisions to change the Cost of New Entry (CONE), Net CONE, and the Capacity Performance Penalty Rate (PPR) for FCA16.  The values filed by ISO-NE are the same values that the NPC approved at its December meeting for FCA 16 as part of a larger package of FCM parameters, but the filing does not include the remainder of the NEPOOL–approved package on which ISO and NEPOOL had alternative values and for which a jump ball filing is required (and will follow in January)

31
Dec
LGIA: NSTAR/MMWEC (Stony Brook) LGIA

NSTAR files new LGIA with MMWEC for the continued interconnection of the Stony Brook Generating Station, whose original interconnection agreement was about to expire.  The LGIA covers a previously existing interconnection, unmodified in connection with the Agreement, and is not required to have ISO-NE as a party.   NSTAR states that the LGIA largely conforms to the pro forma Schedule 23 LGIA.

30
Dec
LGIA: CMP/ReEnergy Stratton

CMP files LGIA with ReEnergy Stratton to renew and replace the terms of the existing LGIA for ReEnergy Stratton’s 51-MW biomass-fired facility in Stratton, Maine that expired by its own terms. 

29
Dec
Membership
ER21-761

New Members:  Cassadaga Wind, Centrica Business Solutions Optimize, Pilot Power Group, and SmartestEnergy US; Termination: Wheelabrator Bridgeport 

29
Dec
Distribution Wheeling Service Agreement

Unitil files an Interim Distribution Wheeling Service Agreement between Unitil Energy Systems and Briar Hydro Associates to provide for Briar’s ongoing receipt of distribution wheeling services for the Penacook Lower Falls Resource (pending UES’ filing of a distribution wheeling rate in early 2021)

28
Dec
RNS/LNS Rates and Rate Protocols Settlement Agreement II

FERC accepts uncontested Joint Offer of Settlement (“Settlement Agreement II”) filed by the Transmission Owners to resolve all issues in this proceeding; rates to become effective Jan 1, 2022.

21
Dec
Mystic 8/9 Cost of Service Agreement

FERC issues Allegheny order modifying the discussion in the July 17 Orders, and setting aside in part both the July 2018 Rehearing Order and the July 17 Compliance Order

21
Dec
CASPR

Clean Energy Advocates request rehearing of November 19 CASPR Allegheny Order seeking a reversal of the FERC’s approval of CASPR or, in the alternative, removal of all references to extra-record facts regarding FCA13 and FCA14.

18
Dec
2021 NESCOE Budget

FERC accepts NESCOE 20201 Budget

18
Dec
2021 ISO-NE Budgets

FERC accepts ISO-NE’s 2021 Administrative Costs and Capital Budgets

18
Dec
VTransco Rate Schedule 2 Cancellation

FERC accepts notice of cancellation of Rate Schedule 2

18
Dec
NECEC TSAs: NECEC Transmission Notices of Succession

FERC accepts CMP’s cancellation notice and the remaining succession notices addressing the transfer of TSAs with the participants that will fund the construction, operation and maintenance of the NECEC Transmission Line – National Grid (ER20-13); Unitil (ER21-14); HQ US/Eversource (ER21-15); HQ US/National Grid (ER21-17); HQ US/Unitil (ER21-18); and HQ US Additional (ER21-19)

18
Dec
IRH Use Agreement

The Asset Owners and the IRH Management Committee file a petition for approval of amended and restated Support Agreements and the Use Agreement for the Phase I/II HVDC-TF

18
Dec
ESI

ISO-NE withdraws its November 13, 2020 request for clarification of the Order Rejecting ESI Alternatives

 

17
Dec
Membership

FERC accepts Nautilus Solar Energy membership application

17
Dec
D&E Agreement Cancellation

NSTAR submits cancellation notice for SEMASS Design, Engineering and Construction Agreement

 

17
Dec
203 Application: CPV Towantic

FERC authorizes CPV Group LP indirect acquisition of all of the indirect voting securities owned by GIP II CPV Intermediate Holdings Partnership, L.P.; upon consummation, Clearway Power Marketing and GenConn Energy will no longer be CPV Related Persons

 

15
Dec
Capital Projects Report - 2020 Q3

FERC accepts ISO-NE 2020 Q3 Capital Projects Report

15
Dec
Use Rights Transfer Agreement Cancellation

NSTAR files notice of cancellation of NSTAR-HQUS Transfer Agreement (MMWEC Use Rights)

15
Dec
Use Rights Transfer Agreement Cancellation

NSTAR files notice of cancellation of NSTAR-HQUS Transfer Agreement (MMWEC Use Rights)

15
Dec
SGIA

CL&P files SGIA with Eastern CT Resource Recovery Authority

15
Dec
Use Rights Transfer Agreement Cancellation

NSTAR files notice of cancellation of NSTAR-Nalcor Energy Marketing Transfer Agreement (CMEEC Use Rights)

14
Dec
EER FCM Qualification Modifications

ISO-NE and NEPOOL jointly file changes to the the market rules relating to the qualification of Demand Capacity Resources composed of Energy Efficiency measures (EERs) in the Forward Capacity Market

11
Dec
NEPGA Net CONE Complaint

NEPGA files a complaint alleging that ISO-NE violated its Tariff and the filed-rate doctrine by recalculating and reviewing with NEPOOL stakeholders a Net CONE value methodology that is demonstrably inconsistent with the Tariff and prior practice. NEPGA seeks an order directing ISO-NE to recalculate, review with NEPOOL stakeholders, and file with the FERC a Net CONE value consistent with the existing Tariff definition. Should its requested relief be granted, NEPGA asked the FERC to find unjust and unreasonable the Net CONE value for FCAs 16-18 to be filed later this month and, should there not be sufficient time to allow for completion of stakeholder review before the beginning of the FCA16 calendar (Mar 2021), NEPGA asked that ISO-NE be directed to apply the Tariff-defined annual adjustment factors to the FCA15 Net CONE value to be used for the FCA16 Net CONE value.

10
Dec
FCA15 Qualification info. Filing
10
Dec
FCA15 Qualification info. Filing

ISO-NE answers Exelon and NEPGA protests

07
Dec
Order 841 Compliance Filings

ISO-NE and NEPOOL submit further Order 841 compliance changes in response to Aug 4, 2020 Order 841 Compliance Filing II Order 

04
Dec
NextEra Energy Seabrook Declaratory Order Petition re: NECEC Elective Upgrade Costs Dispute

NECEC Transmission and Avangrid answer NextEra’s Nov 19 Answer

04
Dec
Fuel Security Retention Proposal

FERC issues “Allegheny” order addressing arguments raised on rehearing of its Dec 3, 2018 Fuel Security Retention Proposal Order, modifying the Order‘s discussion and setting aside the Order, in part (clarifying that its review of ISO-NE’s Tariff revisions in this proceeding were as a new FPA section 205 filing, and not as a compliance filing pursuant to FPA section 206) 

03
Dec
ISO-NE Waiver Filing: Mystic 8 & 9

FERC issues an “Allegheny order” addressing pending requests for rehearing of, and modifying the discussion in, its Jul 2, 2018 Mystic Waiver Order, but reaching the same the result; the Dec 3, 2020 order also also terminates the FPA section 206 proceeding instituted in Docket No. EL18-182-000

2021 Reports

2019 Reports

2018 Reports

2017 Reports

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