Litigation Updates & Reports

Updates Between Mar 01, 2023 and Apr 05, 2023

05
Apr
Capital Projects Report - 2022 Q4

FERC accepts 2022 Q4 Report, eff. Jan 1, 2023

31
Mar
Mystic First CapEx Info. Filing - Settlement Agreement

National Grid files comments supporting Mystic First CapEx Settlement Agreement

31
Mar
Reserve Market Compliance (34th) Semi-Annual Report

ISO-NE submits 34th semi-annual report

31
Mar
LSA: RI Energy/ISO-NE/BIPCO (TSA-NECO-86)

FERC conditionally accepts agreement (with addition of language to the LSA to make explicit that the BITS Surcharge shall be subject to the Protocols for Schedule 21-RIE), eff.  Jan 1, 2023

31
Mar
LSA: RI Energy/ISO-NE/BIPCO (TSA-NECO-83)

FERC issues deficiency letter asking for additional information regarding whether this BIPCO LSA is subject to the Protocols of Schedule 21-RIE.

31
Mar
Order 2222 Compliance Filing
ER22-983-002

ISO-NE and New England Public Utilities request rehearing and/or clarification of the FERC’s Mar 1 Order 2222 Compliance Order

31
Mar
Transmission Rate Annual (2022-23) Update / Info Filing

RENEW answers the responses to its Jan 31, 2023 Formal Challenge 

31
Mar
Phase II Vermont DMNRC Support Agreement - Joint Owners Annual Info Filing

VELCO, on behalf of Joint Owner, submits annual Informational Filing pursuant to the Phase II Vermont DMNRC Support Agreement

31
Mar
Order 2222 Compliance Filing Order - 30-Day Compliance Filing

ISO-NE submits Compliance Filing with respect to additional filing requirements related to DERAs’ participation in FCA18 and other markets

30
Mar
Attachment K Economic Study Revisions

FERC accepts Attachment K Economic Study Revisions, eff. Mar 31, 2023

30
Mar
203 Application: Talen Energy Supply Reorganization

FERC approves a change in control transaction whereby 10% or more of the voting securities of a new parent of Talen Energy Supply (TES)  and its affiliated debtors (Reorganized Talen) will be distributed to some or all of Indicated Noteholders pursuant to a joint plan of reorganization of the TES Debtors subject to confirmation by the Bankruptcy Court.  

29
Mar
ISO-NE 2022 FERC Form 715

ISO-NE submits 2022 annual report of total MWh of trans. service

28
Mar
ENECOS Mystic COSA Complaint

FERC denies in part, and accepts in part, ENECOS Complaint, subject to a 30-day compliance filing (to include in the Mystic COSA the practice of crediting Mystic to account for firm gas transportation charges that Constellation LNG collects from third-party sales of gas)

28
Mar
Mystic 8/9 COSA Emergency Motion for Partial Disposition on Remand

FERC issues order on Remand, (1) finding the initial allocation of 91% of Everett’s fixed operating costs to Mystic remains just and reasonable and requiring that the revenue sharing mechanism be reinstated in the COSA; (2) holding its ruling on the clawback issue in abeyance pending resolution in the settlement proceeding; (3) finding that the existing language of the COSA mitigates the incentive to unduly delay capital projects; and (4) clarifying that all interested parties can review and challenge Mystic’s revenue credits and tank congestion charges during a subsequent true-up process. 

28
Mar
First Revised LGIA - CL&P/Generate Fuel Cells/ISO-NE

ISO-NE submits clarification that requested effective date is Feb 23, 2023

28
Mar
Cancellation of Study Work Agreement: CL&P / NYISO

Eversource submits a Notice of Termination of the Study Work Agreement with NYISO. All work contemplated by the Agreement was completed in February 2023; all billing and invoices have been finalized

28
Mar
D&E Agreement: PSNH / National Grid

Eversource files Design & Engineering Agreement that sets forth the terms and conditions under which it will perform necessary engineering, procurement and
design services in connection with Nationl Grid’s asset separation project with Great River Hydro.

27
Mar
LGIA: CL&P / Generate NB Fuel Cells / ISO-NE

ISO-NE and CL&P submit a first revised LGIA  with Generate NB Fuel Cells, LLC (“Interconnection Customer”)

27
Mar
203 Application: Weaver Wind / Greenbacker

Weaver Wind requests FERC authorization for a proposed transaction pursuant to which a wholly-owned subsidiary of Greenbacker Renewable Energy Company will acquire all the membership interests in Weaver Wind (upon consummation, making Weaver Wind a Related Person to Howard Wind and Hectate Energy  

27
Mar
Dynegy Add’l Cost Recovery Due to Dec 24 General Threshold Energy Mitigation

FERC extends deadline, to Apr 4, 2023, for comments on Dynegy Add’l Cost Recovery filing

27
Mar
Mystic First CapEx Info. Filing - Settlement Agreement Interim Rate Implementation

Settlement Judge Satten accepts interim Settlement Rate and authorizes Mystic to implement the Settlement Rate effective as of Jun 1, 2022.  The interim Settlement Rate will remain in effect pending the Commission’s consideration of the Settlement Agreement and will be subject to refund or surcharge, pending the outcome of
that consideration.

24
Mar
Membership

FERC accepts (i) memberships of CommonWealth New Bedford Energy; GF Power LLC; and Industrial Wind Action Corp; (ii) the termination of the Participant status of Backyard Farms Energy and Backyard Farms LLC; Bruce Power; CommonWealth Resource Management Corp.; Darby Energy; DFC ERG CT; Stones DR; and Vineyard Wind; and (iii) the name change of Advanced Energy United 

23
Mar
Transmission Planning and Cost Management Technical Conference
AD22-8
21
Mar
PPU CTR Clarifications

FERC accepts PPU CTR Clarifications, eff. Mar 21, 2023

21
Mar
FCA17 Results Filing

ISO-NE files FCA17 results; comment date May 5, 2023

20
Mar
Mystic COSA True-Up Deadlines Waiver

FERC grants waiver of certain deadlines required by Schedule 3A of the Mystic COSA to provide Settling Parties sufficient time to implement the terms of the Mystic First CapEx Settlement Agreement as part of the Mystic COSA annual true-up process 

20
Mar
Dynegy Add’l Cost Recovery Due to Dec 24 General Threshold Energy Mitigation

Public Citizen, ME OPA, MA AG request 8-day extension of time, to Apr 4, 2023, to submit comments on Dynegy’s Mar 6, 2023 cost recovery filing

17
Mar
SGIA: NEP/Dichotomy Collins Hydro SGIA

FERC issues deficiency letter requesting additional information on Dichotomy Collins Hydro’s status and activities as a QF

17
Mar
VTransco Deferral of Retiree Lump Sum Payment Cost Recovery

VTransco submits informational filing for lump sum payment elections taken in 2022 (24 elections totaling $14.38 million resulting in $2.15 million recorded VTransco’s balance sheet)

16
Mar
Transmission Rate Annual (2022-23) Update/ Info Filing
ER09-1532 et al.
16
Mar
Mystic First CapEx Info. Filing - Settlement Agreement

NESCOE files comments supporting Settlement Agreement

16
Mar
203 Application: Cogentrix / EGCO (Rhode Island State Energy Center)

FERC authorizes EGCO acquisition of a 49% indirect ownership interest in RISEC from Cogentrix Sellers

15
Mar
Mystic First CapEx Info. Filing - Settlement Agreement

Mystic files Settlement Agreement to resolve all matters set for hearing in the Apr 28, 2022 Mystic First CapEx Info. Filing Order

15
Mar
Mystic First CapEx Info. Filing - Settlement Agreement Interim Rate Implementation

Mystic requests authorization to place settlement rates into effect on an interim basis pending  FERC action on the First CapEx Settlement Agreement; comments due on or before Wed, Mar 22, 2023

08
Mar
LSAs: RI Energy/ISO-NE/BIPCO

RI Energy answers Rhode Island Division of Public Utilities and Carriers Feb 21, 2023 Protest

06
Mar
IBR Reliability Standards NOPR
RM22-12

ISO-NE, APPA, CA DWP submit reply comments

06
Mar
Mystic 8/9 COSA: Emergency Motion for Partial Disposition on Remand

ENECOS protest Mystic’s Feb 17, 2023 Motion for Abeyance of Formal Challenges to Mystic’s Sep 15, 2022 Second CapEx Info Filing 

06
Mar
Dymegy Add’l Cost Recovery Due to Dec 24 General Threshold Energy Mitigation

Dynegy files for recovery of $903,400 and associated regulatory costs ($62,600 plus any add’l costs incurred and submitted in a future compliance filing) as a result of its General Threshold Energy Mitigation during the Dec 24 Operating Day

03
Mar
PA Amendment 12 (Increasing ISO Board Member Age Limit to 75)

FERC accepts PA Amendment No. 12, eff. Apr 1, 2023

03
Mar
Seabrook Complaint and Seabrook Declaratory Order Petition

NextEra requests rehearing of Seabrook Dispute Order

03
Mar
SATOA Revisions

ISO-NE answers National Grid’s Feb 16 Answer

03
Mar
Mystic 8/9 COSA: First CapEx Info Filing

Settlement Judge McBarnette reports on mid-March Anticipated Settlement; recommends continuation of settlement judge procedures

01
Mar
New England Order 2222 Compliance Filing

FERC issues order accepting in part, and rejecting in part, ISO-NE’s compliance filing, to become effective Nov 1, 2022 and Nov 1, 2026, as requested, subject to further compliance filings to be submitted on or before Mar 31, May 1, and Aug 28, 2023

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