Litigation Updates & Reports

Updates Between Jun 25, 2023 and Aug 02, 2023

02
Aug
Brookfield IEP ESF Complaint

Brookfield seeks a FERC order directing ISO-NE to revise the Tariff to allow Pumped Storage ESFs to participate in the IEP; comment deadline Aug 22, 2023 

01
Aug
Mystic First CapEx Info. Filing - Settlement Agreement

FERC approves Settlement Agreement, subject to 30-day eTariff filing

01
Aug
Quarterly Markets Report - Spring 2023

IMM files Spring 2023 Report

31
Jul
Membership
ER23-2514

NEPOOL requests FERC acceptance of the membership of Clover Energy LLC (Provisional Member).

31
Jul
LGIA: National Grid / Millennium Power

FERC accepts LGIA with Millennium Power that provides for continued interconnection service to Millennium’s Facility

31
Jul
2024 Transmission Rate Annual Update/Informational Filing

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 (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)

31
Jul
Waiver Request: REI Attachment F Formula Rate Template Provisions

RIE requests a waiver to allow it to continue to use the interim Tariff sheets for including its costs, revenues and load in the projected rate for 2024 that is being submitted as part of the Annual Update

31
Jul
Membership

NEPOOL requests the addition of Clover Energy, LLC to the list of Participants

28
Jul
CSC CIP-IROL (Schedule 17) Section 205 Cost Recovery Filing

CSC files response to Jun 29 deficiency letter

28
Jul
Schedule 21-VP: Versant/Black Bear LSAs

FEC accepts 7 fully executed, non-conforming LSAs by and among Versant, ISO-NE and Black Bear 

28
Jul
203 Application: Three Corners Solar

FERC authorizes disposition and consolidation of jurisdictional facilities and the lease of 112 MW solar PV electric generation facility in Kennebec County, Maine. 

28
Jul
Order 2023

FERC issues Order 2023.  View NEPOOL Counsel Summary HERE.

27
Jul
Membership

FERC accepts the memberships of: Con Edison Transmission; Generate NB Fuel Cells; Jonathan Lamson; and Tomorrow Energy Corp; and the termination of the Participant status of: Northern States Power and Granite Reliable Power

27
Jul
SATOA Revisions

Elevate Renewables answers Jun 12, 2023 Answer by National Grid

26
Jul
Schedule 21-VP: Versant/Black Bear LSAs

ISO-NE and Versant Power submit correction to transmittal letter, clarifying that discounted transmission rate for the 7 LSAs will be as provided in those LSAs – 1151.67/MW-month

26
Jul
LGIAs: RIE / ISO-NE - Various Entities
ER23-2491; ER23-2494

Rhode Island Energy (RIE) and ISO-NE file revised LGIAs with the following Entities to reflect RIE as the Interconnecting Transmission Owner and associated contacts: Rhode Island State Energy Center, LP (RISEC) (ER23-2494); Tiverton (ER23-2491); 

26
Jul
VP Revised Depreciation Rates (OATT Att. F Appendix D (VP))

Versant and ISO-NE submit a revised Appendix D (VP) to Attachment F of the ISO-NE OATT that sets forth updated depreciation rates for Versant Power’s local transmission facilities in eastern and coastal Maine (the Bangor Hydro District or BHD) based on a recent depreciation rate study.

26
Jul
CMP Revised Depreciation Rates (OATT Att. F Appendix D (CMP))

CMP and ISO-NE submit a revised Appendix D (CMP) to Attachment F of the ISO-NE OATT that sets forth changes to the transmission plant depreciation and general plant depreciation rates used to calculate CMP’s annual transmission revenue requirements for transmission service under the Tariff.

24
Jul
PURPA Enforcement Petition - Allco Finance Limited

Allco petitions the FERC to initiate an enforcement action against Massachusetts Agencies (MA DPU and DOER) as a result of their implementation of MA Section 83D and the NECEC PPAs entered into (with HQUS and CMP) as a result thereof.

21
Jul
Second New England Gas-Electric Forum

FERC posts to eLibrary transcript of Jun 20 Portland, Maine Forum 

20
Jul
Mystic Complaint Order Compliance Filing
18
Jul
CIP IROL (Schedule 17) Section 205 Cost Recovery Filing: Bucksport Generation

Bucksport Generation requests recovery of $277,874 of incremental medium impact CIP-IROL Costs incurred between Mar 29, 2021 and Mar 31, 2023; comment date Aug 8, 2023

18
Jul
CIP IROL (Schedule 17) Section 205 Cost Recovery Filing: Stonepeake Kestrel

Stonepeake Kestrel Energy Marketing requests recovery of $1,605,854 of incremental medium impact CIP-IROL Costs incurred between Mar 29, 2021 and Mar 31, 2023; comment date Aug 8, 2023

18
Jul
FCA17 Results Filing

FERC accepts FCA17 Results Filing, eff. Jul 19, 2023

18
Jul
Changes to Depreciation Rates in MPD OATT Formula Rate
14
Jul
206 Investigation: ISO-NE Market Power Mitigation Rules

FERC issues notice that ISO-NE’s Motion is granted for a limited period, stating that it will not take any action on the FPA section 206 proceeding until after Feb 1, 2024

14
Jul
Mystic: Public Systems' Request for Disclosure of Audit Information

Mystic answers Public Systems’ Jul 5 Answer

14
Jul
Mystic First CapEx Info. Filing - Settlement Agreement

ISO-NE supports Mystic request that FERC approve, by Aug 1, 2023 (and no later than Sep 1, 2023), the Mar 15, 2023 First CapEx Info. Filing Settlement Agreement

14
Jul
LFTR Implementation Quarterly Status Reports

ISO-NE files 59th quarterly status report

13
Jul
Membership - Manchester Methane Involuntary Termination Filing

NEPOOL and ISO-NE jointly request termination of Manchester Methane’s NEPOOL and Market Participant status

13
Jul
Versant Changes to Depreciation Rates in MPD OATT Formula Rate
12
Jul
FCA18 De-List Bids Filing

ISO-NE submits filing describing FCA18 Permanent and Retirement De-List Bids 

12
Jul
SATOA Revisions

National Grid submit a motion requesting the FERC reject the Jul 5, 2023 comments of Elevate Renewables F7 

11
Jul
Mystic First CapEx Info. Filing - Settlement Agreement

National Grid files an answer in support of the Mystic’s Jun 28, 2023 Reply (urging the FERC to treat the settlement agreement filed on Mar 15, 2023 in this as uncontested), and in any case requesting the FERC approve the Settlement Agreement. 

11
Jul
LGIA Termination: ISO-NE/CL&P/NTE CT

ISO-NE and CL&P submit a notice of termination of an executed LGIA with NTE CT

10
Jul
Mystic First CapEx Info. Filing Settlement Agreement

State Settling Parties submit answer in support of Constellation’s Jun 28, 2023 request for expedition 

10
Jul
30-Day Compliance Filing per Order on ENECOS Mystic COSA Complaint

ENECOS protest Mystic’s Apr 27, 2023 compliance filing, requesting that the FERC direct Mystic to provide a workpaper, effective from the Jun 1, 2022  commencement date of the Mystic COSA, to verify its assertion that it has always applied a full credit for third-party pipeline transportation costs to Constellation LNG’s billings to Mystic. 

10
Jul
Second New England Gas-Electric Forum

The FERC invites all interested persons to file post-forum comments on the topics in its agenda for, or discussed at, the June 20, 2023 forum held in Portland, Maine (Second Forum).  In addition, the FERC specifically invites responses to the questions identified in the supplemental notice of the Second Forum and re-stated in the notice.  Comments due on or before Aug 24, 2023.

06
Jul
Waiver Request: NextEra Wyman request to allow an incremental increase in Yarmouth 4's FCA18 Summer Qualified Capacity

Wyman IV requests waiver of certain ISO-NE Tariff provisions to allow an incremental increase in Yarmouth 4’s Summer Qualified Capacity (following failure by NextEra Energy Marketing to re-submit a restoration plan to ISO-NE by the Tariff’s deadline for a separate submission in connection with FCA18 (April 6, 2023)) 

05
Jul
206 Proceeding - Market Power Mitigation Rules

NEPOOL files comments supporting ISO-NE request for abeyance

05
Jul
SATOA Revisions

Elevate Renewables F7 files comments supporting SATOA Revisions as further explained and supported in ISO-NE’s June 14, 2023 Deficiency Letter Response

05
Jul
LGIA - RIE / ISO-NE / Rhode Island LFG Genco

Second Revised LGIA that governs the interconnection of Rhode Island LFG Genco, LLC’s 38 MW facility located in Johnston, RI.

05
Jul
BHD Regulatory Asset - Establishment & Recovery Through Rates

Versant submits response to June 5, 2023 Deficiency Letter

05
Jul
Mystic 8/9 COSA Public Systems' Request for Disclosure of Audit Information

Public Systems answer June 9 Constellation and ISO-NE answers

30
Jun
VEC-HQUS Use Rights Transfer Agreement

VEC submits changes to VEC/HQUS Use Rights Transfer Agreement 

30
Jun
Membership

NEPOOL requests FERC’s acceptance of (i) the following Applicant’s membership in NEPOOL: Hecate Energy Albany 2 LLC [Related Person to Howard Wind and RoxWind (Supplier Sector)]; Erie Wind, LLC [Related Person to Brookfield Renewable Trading and Marketing (Supplier Sector)]; and SCEF1 FUEL CELL, LLC [Related Person to Bridgeport Fuel Cell and Derby Fuel Cell (AR Sector, RG Sub-Sector)]; (i) termination of the Participant status of: Concurrent LLC (Supplier Sector); and Brookfield Energy Marketing LP [Related Person to Brookfield (Supplier Sector)]; and (iii) the name change of: CPV Spruce Mountain Wind, LLC (f/k/a Spruce Mountain Wind, LLC).

30
Jun
Revised LSAs: NEP/ISO-NE/RIE

FERC accepts revised LSAs (ER23-1830 and ER23-1831), each eff. May 5, 2023

30
Jun
IEP Parameter Updates

Indicated Suppliers (CPV Towantic,  JERA Americas, Vistra) file comments supporting Updates

30
Jun
Second New England Gas-Electric Forum

Glenvale submits post-Forum comments stating: (i) Solar PV and other renewable generators make critical and growing contributions to wintertime fuel and resource adequacy, (ii) out-of-market payments are unnecessary and distortive; resource and fuel adequacy programs should be competitive, and structured to incentivize and reward desired behavior, and (iii) moves to decouple gas and electric markets are desirable. 

30
Jun
Fed Ct Appeal of NE Order 2222 Compliance Orders
Case No. 23-1167 (DC Circuit) (consol.)

The following parties appealed the FERC’s New England Order 2222 orders: Eversource (23-1167), ISO-NE (23-1168), National Grid (23-1169), and Central Maine Power (23-1170).  The 4 cases were consolidated with Case. No. 23-1167 as the lead case no.  Appearances are due Jul 31, 2023.

29
Jun
Joint Federal-State Electric Transmission Task Force

NARUC nominates state commissioners to serve on the Joint Federal-State Electric Transmission Task Force (JFSETF) for the Aug 2023 to Jul 2024 term, including the following New England Commissioners: Riley Allen (VT PUC) and Marissa Gillett (CT PURA) 

29
Jun
CSC CIP-IROL (Schedule 17) Section 205 Cost Recovery Filing

FERC issues deficiency letter requesting additional information/clarifications; CSC response due on or before Jul 31, 2023

28
Jun
FAP Eligible LOC Issuer Changes

ISO-NE and NEPOOL file changes to the Financial Assurance Policy (FAP) to allow ISO-NE to remove a bank from the List of Eligible Letter of Credit (LOC) Issuers if ISO-NE determines in its sole discretion that, despite satisfying the eligibility criteria, accepting a LOC from a bank on the list presents an unreasonable risk that the bank may fail to honor the terms of such LOC

28
Jun
206 Proceeding: ISO-NE Market Power Mitigation Rules

ISO-NE requests that the FERC hold this 206 proceeding in abeyance pending completion of the Participant Processes of ISO-NE-proposed Tariff design changes
that may moot the issues underlying this proceeding

28
Jun
New England’s Order 2222 Compliance Filing

AEU/PowerOptions/SEIA answer ISO-NE’s Jun 14 answer

28
Jun
Versant Changes to Depreciation Rates in MPD OATT Formula Rate
27
Jun
New England Gas-Electric Winter Forum II

Levitan & Assoc. Forum presentation posted

27
Jun
Membership

FERC accepts (i) the memberships of Carbon Solutions Group (GIS-Only Participant); PPL TransLink Inc. [Related Person to RI Energy (Transmission Sector)]; and Second Foundation US Trading, LLC (Supplier Sector); (ii) the termination of the Participant status of EnPowered USA LLC; Invenia Technical Computing Corp.; Uniper Global Commodities NA LLC; and WATTIFI INC.; and (iii) the name changes of RWE Clean Energy Wholesale Services, Inc. (f/k/a Consolidated Edison Energy, Inc.); RWE Clean Energy Asset Holdings, Inc. (f/k/a Consolidated Edison Development, Inc.); RWE Clean Energy Solutions, Inc. (f/k/a Consolidated Edison Solutions, Inc.); and SYSO Inc. (f/k/a SYSO LLC). 

27
Jun
LSAs: RI Energy/ISO-NE/BIPCO

ISO-NE and Rhode Island Energy asked that the FERC hold these dockets in abeyance to allow RIE to continue discussions with the RI Division to resolve concerns raised by the Division, the resolution of which will affect the Local Service Agreements (LSAs).

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