Litigation Updates & Reports

Updates Between Jun 20, 2022 and Aug 02, 2022

01
Aug
RENEW/ACPA Resource Capacity Accreditation & Operating Reserve Designation Complaint

Complainants answer and provide additional support for ISO-NE’s request for expedited action

01
Aug
NOI: Removing the DR Opt-Out in ISO/RTO Markets

Voltus submits comments in support of eliminating the DR Opt-Out

29
Jul
CSF Revisions

ISO-NE and NEPOOL jointly file tariff revisions to allow storage facilities incapable of
consuming electricity from the grid to participate in the New England Markets as Continuous
Storage Facilities (CSF).

29
Jul
Membership
ER22-2568

NEPOOL requests that the FERC accept (i) the memberships of Concurrent; Leapfrog Power; Old Middleboro Road Solar; and Accelerate Renewables; and (ii) the termination of the Participant status of Chris Anthony; Indeck Energy-Alexandria; Standard Normal; and Borrego Solar Systems.

29
Jul
Constellation Post-Spin Updates to Mystic COS Agreement

Deputy Chief ALJ substitutes ALJ Patricia French for ALJ Glazer (who retired) to conduct settlement judge procedures going forward

29
Jul
Transmission Rate Annual (2022-23) Update

PTO AC submits informational filing identifying adjustments to Regional Transmission Service charges, Local Service, and Schedule 12C Costs under Section II of the Tariff for 2023, and a Schedule 1 formula rate for Jun 1, 2022 to May 31, 2023 (including a 2023 RNS Rate of $140.94/kW-year and a Schedule 1 formula rate of $1.75 kW-year, decreases of $1.84/kW-year and $0.12/kW-year, respectively)

28
Jul
NMISA Complaint Against PTO AC (Reciprocal TOUT Discount)

FERC denies NMISA Complaint

28
Jul
Schedule 20A (Phase I/II HVDC-TF Service Agreement) Reassignment Agreement: NEP/Brookfield/HQUS

Brookfield and HQUS jointly submit comments supporting Reassignment Agreement

28
Jul
FTR Collateral Show Cause Order

FERC finds that the ISO-NE Tariff appears to be unjust and unreasonable in the absence of  volumetric minimum collateral requirements for FTR Market Participants.  ISO-NE was directed, on or before October 26, 2022, either: (1) to show cause as to why its OATT remains just and reasonable and not unduly discriminatory or preferential; or (2) to explain what changes to its OATT it believes would remedy the identified concerns if the FERC were to determine that the OATT has in fact become unjust and unreasonable or unduly discriminatory or preferential.

 

28
Jul
Schedule 20A (Phase I/II HVDC-TF Service Agreement) Reassignment Agreement: CMP&UI/Brookfield/HQUS

Brookfield and HQUS jointly file comments supporting Reassignment Agreement

28
Jul
NOPR: ISO/RTO Credit Information Sharing

FERC issues NOPR proposing to amend its regulations to permit RTO/ISOs to share among themselves credit-related information regarding market participants in their markets

28
Jul
NOPR: Duty of Candor

FERC proposes to add a new section to 18 CFR part 1 to require that any entity communicating with the FERC or other specified organizations (e.g. ISO/RTOs and their market monitors, NERC and its Regional Entities, transmission providers) related to a matter subject to FERC  jurisdiction submit accurate and factual information and not submit false or misleading information, or omit material information.  The FERC also proposes that exercising due diligence to prevent such occurrences would be an affirmative defense to violations of the requirement. 

28
Jul
NOPR: Acct’ng and Reporting Treatment of Certain Renewable Energy Assets

FERC issues NOPR proposing reforms to the USofA to account for certain renewable energy assets

28
Jul
NOI: Removing the DR Opt-Out in ISO/RTO Markets

R. Borlick responds to Voltus comments; supplements these comments with a copy of FERC v. EPSA

26
Jul
Constellation Post-Spin Updates to Mystic COS Agreement

Settlement Judge Glazer issues his second status report

25
Jul
Order 2222 Compliance Filing
22
Jul
Order 881 Compliance Filing: Phase I/II
ER22-2468 (Schedule 20A-Common - Attachment M); ER22-2467 (HVDC TOA)

ISO-NE, New England Hydro-Transmission Electric Company, New England Hydro-Transmission Corporation, New England Electric Transmission Corporation; and VELCO (collectively the Asset Owners) and the Schedule 20A Service Providers jointly submit their Phase I/II HVDC-TF Order 881
Compliance Filing in two parts – (i) changes to the HVDC TOA and (ii) changes to Schedule 20-Common Attachment M

22
Jul
CIP IROL (Schedule 17) Section 205 Cost Recovery Filing: Essential Power Newington

Essential Power Newington submits FPA Section 205 filing to recover $360,261 in incremental medium impact IROL-CIP Costs for the cost recovery period beginning Feb 18, 2021 and ending Jun 30, 2022

21
Jul
New England Gas-Electric Winter Forum

FERC issues supplemental notice of its New England Winter Gas-Electric Forum to be held September 8, 2022 in Burlington, VT, strongly encouraging those interested in attending in person to register here at their earliest convenience 

20
Jul
Process Modifications - DER Interconnection/Interconnection Study Coordination
ER22-2226

AEE, ENGIE, SEIA submit comments supporting changes

20
Jul
RENEW/ACPA Resource Capacity Accreditation & Operating Reserve Designation Complaint

ISO-NE submits letter requesting expedited FERC action on the complaint filed in this proceeding

20
Jul
Mystic 8/9 CoS Agreement Fuel Supply Agreement

Mystic submits for information revision to Fuel Supply Agreement

19
Jul
Phase I/II HVDC-TF Transfer Service Agreements - CMP & UI / BRTM to HQUS

Avangrid Networks submits 3 Phase I/II HVDC-TF service agreements to transfer the transmission service rights and obligations that Brookfield Renewable Trading and Marketing LP (BRTM, the Reseller) currently holds under existing TSAs (1 with CMP; 2 with UI) to H.Q. Energy Services (U.S.)  Inc. (HQUS, the Assignee). CMP-BRTM 85 MW TSA (ER22-2433); UI-BRTM 32 MW TSA (ER22-2432); and UI-BRTM 1 MW TSA (ER22-2431).

19
Jul
Order 864 Compliance Filing - NEP (Tariff No. 1)

NEP amends its Jun 29, 2020 Order 864 compliance filing with further amendments to Tariff No. 1, Schedule III-B

18
Jul
Order 864 Compliance Filing - NEP (Schedule 21-NEP and TSA-NEP-22)

NEP amends its Jul 30, 2020 Order 864 compliance filing with further amendments to Schedule 21-NEP and TSA-NEP-22

18
Jul
Order 864 Compliance Filing - NEP (MECO/Nantucket LSA)

NEP amends its Jul 30, 2020 Order 864 compliance filing with further amendments to its LSA with Nantucket Electric Company

18
Jul
Phase I/II HVDC-TF Transfer Service Agreement - NEP / BRTM to HQUS

NEP submits a  Phase I/II HVDC-TF service agreements to reassign Brookfield Renewable Trading and Marketing LP’s (BRTM) rights under TSA-NEP-96 to H.Q. Energy Services (U.S.)  Inc. (HQUS)

18
Jul
FCA16 Results Filing

FERC accepts FCA16 Results Filing, eff. Jul 19, 2022

15
Jul
LFTR Implementation Quarterly Status Reports

ISO-NE files its 55th quarterly report

15
Jul
Joint Federal-State Electric Transmission Task Force

FERC issues order listing State Commissioners that will serve on the JFSTF for the Sep 1, 2022 – Aug 31, 2023 term (MA DPU Chair Matt Nelson and VT PUC Commissioner Riley Allen to again represent New England)

15
Jul
NOI: Removing the DR Opt-Out in ISO/RTO Markets

Mississippi PSC responds to Voltus comments

14
Jul
Sched. 21-NEP: 3rd Revised RI LSAs

FERC accepts Revised RI LSA (TSA-NEP-86), eff. Jan, 1, 2022

14
Jul
Order 881 Compliance Filing: Phase I/II

FERC grants Filing Parties a 10-day extension of time, to Jul 22, to submit their Order 881 compliance filing for the Phase I/II HVDC TF 

13
Jul
CIP IROL (Schedule 17) Cost Recovery Schedule Filing: GenConn Middletown

GenConn Energy requests FERC acceptance of a proposed rate schedule to allow GenConn Middletown to begin the recovery period for certain CIP-IROL Costs under Schedule 17 of the ISO-NE Tariff

13
Jul
Info Policy: Cyber Security Exigency Sharing Provisions

ISO-NE and NEPOOL jointly file changes to the Tariff to allow ISO-NE to share confidential information with NERC and federal agencies with cyber security responsibilities, without prior
notice to Market Participants and other furnishing entities, if a cyber security event occurs

13
Jul
203 Application: Centrica / CPower

Centrica and CPower request authorization for the sale of 100% of the equity interests in Centrica to CPower

12
Jul
Order 881 Compliance Filing: New England

ISO-NE, NEPOOL, PTO AC, and CSC submit Order 881 (Transmission Line Ratings) compliance filing

12
Jul
Order 881 Compliance Filing: Versant MPD OATT

Versant Power submits a new Attachment T to the Versant Power Open Access Transmission Tariff for Maine Public District (MPD OATT) to implement the FERC’s requirements for Transmission Line Ratings (eff. date requested later corrected to be Jul 12, 2025)

11
Jul
Capital Projects Report - 2022 Q1

FERC accepts 2022 Q1 Report

11
Jul
LGIA: CL&P / EIP Investment

FERC accepts non-conforming LGIA governing the interconnection of EIP’s 20 MW fuel cell project

08
Jul
Order 881 Compliance Filing: Phase I/II

(Corrected) ISO-NE, the Asset Owners, and the Schedule 20A Service Providers request a 10-day extension of time for submission of the Phase I/II HVDC-TF Order 881 compliance filing

08
Jul
Order 2222 Compliance Filing

AEE, AEMA, PowerOptions, and SEIA jointly protest ISO-NE’s June 17 deficiency letter response

05
Jul
Membership

NEPOOL files correction to May membership filing

05
Jul
203 Application: Clearway / TotalEnergies

Clearway requests authorization for TotalEnergies Renewables USA, LLC’s acquisition of a 
50% percent interest in the Clearway Group and GIP III Sol Acquisition, LLC’s acquisition of a 50% less one unit indirect interest in SunPower Corporation

01
Jul
203 Application: Stonepeak/JERA Americas

Applicants answer Public Citizen protest and MA AG comments

30
Jun
Membership

NEPOOL requests that the FERC accept the termination of the Participant status of Liberty Power Holdings and the name change of Astral Infrastructure Holdings, LLC

29
Jun
Process Modifications - DER Interconnection/Interconnection Study Coordination

ISO-NE and NEPOOL file Tariff changes to modify the process for interconnection of new distributed  energy resources (“DERs”) and improve the coordination of interconnection studies

29
Jun
Versant Power MPD OATT Order 676-I Compliance Filing

FERC accepts compliance filing, eff. May 1, 2022

27
Jun
FERC Enforcement Action: Salem Harbor Power Development

FERC approves Stipulation and Consent Agreement with Salem Harbor Power Development LP,  requiring Salem Harbor, subject to limitations of the Bankruptcy Code and in accordance with the treatment afforded to Allowed General Unsecured Claims pursuant to a plan to be approved by the Bankruptcy Court in Salem Harbor’s bankruptcy proceeding, to pay a $17.1 million civil penalty and to disgorge a little more than $26.69 million in profits, to resolve the OE’s investigation into Salem Harbor’s receipt of capacity payments for Salem Harbor’s New Salem Harbor Generating Station project (Project) during the 2017-18 Capacity Commitment Period, a period during which the Project had neither been built nor commenced commercial operation.

27
Jun
Mystic 8/9 Cost of Service Agreement

Mystic request for clarification or reh’g of Mystic First CapEx Info. Filing Order denied by operation of law

24
Jun
VTransco Shared Structure Participation Agreement

VT files two Shared Structure Participation Agreements between VTransco and Green Mountain Power

24
Jun
Membership

FERC accepts (i) the following Applicant’s membership in NEPOOL:  Altop Energy Trading; Indra Power Business CT; Indra Power Business MA; Leicester Street Solar; and Nexamp Markets; and (ii) the name change of Salem Harbor Power Development LP (f/k/a Footprint Power Salem Harbor Development LP).

24
Jun
FERC Enforcement: sPower DevCo

FERC approves Stipulation and Consent Agreement that resolved OE’s investigation into whether sPower violated § 36.2A of the PJM Tariff by submitting inaccurate information to PJM during the interconnection process; sPower must pay a $24,000 civil penalty

23
Jun
Constellation Post-Spin Updates to Mystic COS Agreement

Settlement Judge Glazer issues his first status report

22
Jun
203 Application: Stonepeak / JERA Americas
EC22-71

MA AG submits comments; Public Citizen protests application

22
Jun
203 Application: Lea Power Partners (Waterside Power) / KKR

Appicants request authorization for a transaction pursuant to which Generation Sector Group Seat Member Waterside Power’s upstream owner will become a subsidiary of KKR & Co.

22
Jun
Maine Power Link Application for Negotiated Rate Authority

FERC denies Maine Power Link’s request for negotiated rate authority (for failure to show that it has assumed the full market risk for the Project)

2024 Reports

2015 Reports

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