Litigation Updates & Reports

Updates Between Dec 01, 2022 and Jan 04, 2023

30
Dec
203 Application: Central Rivers Power / LSPower

FERC authorizes a transaction pursuant to which, in part, LSPower will acquire Central Rivers Power’s QF assets in New England, making NEPOOL Participants Central Rivers Power MA, LLC and Central Rivers Power NH, LLC Related Persons to Jericho Power rather than Pawtucket Power Holding and its Related Persons in the Generation Sector.  

30
Dec
Membership

NEPOOL requests that the FERC accept  (i) the memberships of Just Energy Limited, Think Energy; (ii) the termination of the Participant status of Josco Energy MA, Starion Energy, and Rhode Island Bioenergy Facility; and (iii) the name changes of BP Energy Retail Company LLC (f/k/a EDF Energy Services, LLC), BP Energy Holding Company LLC (f/k/a BP Energy Retail LLC), and Rhode Island Bioenergy Facility, LLC (f/k/a formerly known as Rhode Island Bioenergy, LLC).

29
Dec
SATOA Revisions

ISO-NE, NEPOOL and the PTO AC jointly file tariff revisions to incorporate rules that will enable electric storage facilities to be planned and operated as transmission-only assets (SATOA) to address system needs identified in the regional system planning process set forth in the OATT  (Part I: ISO-NE Tariff Revisions; ) (Part II: TOA Revisions)

29
Dec
Order 864 Compliance Filing - UI

FERC accepts UI’s (and the region’s final) Order 864 and Order 864-A compliance filing, eff. Jan 27, 2020 

28
Dec
Schedule 21-RIE

FERC accepts Schedule 21-RIE/Attachment E Revisions, eff. Jan 1, 2023

28
Dec
IEP Remand

New England Consumer-Owned Systems and Energy New England respond to Dec 13 protests/comments in this proceeding, urging the FERC to accept ISO-NE’s compliance filing without modification

22
Dec
IEP Changes to FA and Billing Policies; Ministerial Change to Monthly Statement Issuance Date

ISO-NE and NEPOOL file changes to the Financial Assurance and Billing Policies related to the Inventoried Energy Program (IEP) and to update the definition of “Monthly Issuances” in the Tariff’s Definitions Section

22
Dec
RENEW Network Upgrades O&M Cost Allocation Complaint

FERC extends the deadline for filing responses to RENEW’s Complaint up to and including Jan 23, 2022

22
Dec
FCA17 Qualification Information Filing

ISO-NE submits required FCA17 informational filing

22
Dec
Mystic Second CapEx Info. Filing
22
Dec
Waiver Request: NEP Attachment F

FERC grants waiver of certain provisions in the Attachment F formula rate template to ensure that, as of the date RI Energy becomes a PTO, NEP’s transmission revenue requirements collected through regional and local rates will not include a forecast based on historical NEP revenue requirements that included costs of RI Energy-owned transmission facilities; eff. Jan 1, 2023

22
Dec
203 Application: Seneca/BP

FERC authorizes transaction pursuant to which Seneca will ultimately become a Related Person of BP Energy through wholly-owned subsidiaries of BP Products North America Inc. 

21
Dec
RENEW Network Upgrades O&M Cost Allocation Complaint
EL23-16

NEPOOL, NESCOE, MA AG support the PTO AC’s request for an extension of time to respond to the RENEW Complaint

21
Dec
Mystic 8/9 Cost of Service Agreement Emergency Action Request

Mystic responds to answers to its Nov 22, 2022 Emergency motion

20
Dec
Capital Projects Report - 2022 Q3

FERC accepts 2022 Q3 Capital Projects Report

20
Dec
ICR-Related Values and HQICCs – FCA17 (2026-27) Capacity Commitment Period

FERC accepts the the 2026-27 ICR-Related Values, eff. Jan 7, 2023

20
Dec
2023 NESCOE Budget

FERC accepts the changes to fund NESCOE’s 2023 Budget, eff. Jan 1, 2023

20
Dec
Sched 21-RIE: Transfer of SAs from Sched. 21-NEP to Sched 21-RIE; Updated Thundermist ISA

Narragansett Electric Company d/b/a Rhode Island Energy (RIE) submits filing (in ER23-678) to (i) move certain RIE service agreements to Schedule 21-RIE from Schedule 21-NEP and (ii) revise its Interconnection Service Agreement (ISA) with Thundermist Hydropower LLC.  in a companion filing (ER23-681), RIE and NEP submit filing to cancel the NEP Tariff database that previously contained the service agreements.

20
Dec
2023 ISO-NE Administrative Costs and Capital Budgets

FERC accepts 2023 ISO-NE Budgets, eff. Jan 1, 2023

20
Dec
Revised Reliability Standards: EOP-011-3 and EOP-012-1
19
Dec
NESCOE Five-Year Pro Forma Budget

FERC accepts NESCOE’s 4th 5-year Pro Forma Budget (2023-2027)

16
Dec
IA Amendment II: CMP / Sappi

Pursuant to the FERC’s June 10, 2022 order in this proceeding, CMP submits a compliance filing, within 30 days of the effective closing date of the transaction, reflecting the Nov 17, 2022 effective date in an executed version of the Second Amended Agreement and Schedules

16
Dec
RENEW Network Upgrades O&M Cost Allocation Complaint

PTO AC requests 20-day extension of time, to Jan 23, 2023, to answer RENEW Complaint

16
Dec
ENECOS Mystic COSA Complaint
15
Dec
EMM Contact 2023-2025

ISO files contract with Potomac Economics for EMM services for 2023-2025 

15
Dec
Attachment F, Appendix D-NSTAR: Updates to Depreciation Rates

NSTAR proposes revisions to the general plant depreciation rates for NSTAR (East) and NSTAR (West)

15
Dec
Membership

FERC accepts Windham Energy membership

15
Dec
Schedule 21-UI:

UI submits second supplemental Order 864 compliance filing to correct minor errors and provide additional clarity to the May 10, 2022 compliance filing 

15
Dec
203 Application: Talen Energy Supply Reorganization

Talen Energy Supply, LLC (TES) requested the required FPA Section 203 approvals for a change in control transaction whereby 10% or more of the voting securities of a new parent of 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

14
Dec
Interconnection Reforms NOPR
RM22-14

[ ] sets of reply comments filed, including by: [ ] 

13
Dec
IEP Remand
ER19-1428-006

Limited Protests and Comments filed by: Brookfield, MA AG, National Hydropower Association, and RENEW

13
Dec
Attachment F Depreciation Normalization Requirement Revisions

FERC accepts, eff. Jan 1, 2023, revisions to Attachment F of the OATT to apply the IRS’s ADIT proration formula to their actual (true-up) revenue requirements and to thereby maintain compliance with the IRS’s depreciation normalization requirements and to ensure their continued ability to use accelerated depreciation

13
Dec
RENEW Network Upgrades O&M Cost Allocation Complaint

RENEW files complaint seeking changes to the ISO Tariff to eliminate the direct assignment of Network Upgrade O&M costs to Interconnection Customers.  RENEW also requested (i) that it be  considered an Interested Party or afforded adequate opportunity to participate and access transmission rate information under the PTOs’ Formula Rate Protocols and (ii) the PTOs be directed to provide greater transparency regarding O&M costs in the interconnection process.  The proposed revisions to Schedule 11 of the Tariff were voted by the Transmission Committee on Oct 26, 2021, and discussed at the Nov 3, 2021 Participants Committee meeting.

13
Dec
Membership

FERC accepts (i) the memberships of:  Derby Fuel Cell, LLC [Related Person to Fuel Cell Energy Companies, DFC ERG CT and Bridgeport Fuel Cell (AR Sector, RG Sub-Sector)]; KCE CT 5, KCE CT 7, KCE CT8, and KCE CT 9 [Related Persons to KCE CT 1 and 2 (Provisional Group Member); Maven Energy, LLC (Supplier Sector); Rhode Island Bioenergy, LLC [Related Person to Rhode Island Bioenergy Facility, LLC (AR Sector, RG Sub-Sector, Small RG Group Member); Rhode Island Division of Public Utilities Carriers End User Sector); Sunnova Energy Corporation (AR Sector, DG Sub-Sector); and Triolith Energy Fund, LP (Supplier Sector); (ii) the termination of the Participant status of EIP Investment, LLC (Provisional Group Member); and (iii) the name change of Stones DR, LLC (f/k/a Centrica Business Solutions Optimize, LLC).  

13
Dec
Attachment F, Appendix D-PSNH: Establishment of Depreciation Rate for Accounts 357 and 358

FERC accepts amended filing of revisions to Attachment F, Appendix D to establish a depreciation rate for PSNH Accounts 357 and 358 

12
Dec
Schedule 21-RIE

Rhode Island Energy responds to deficiency letter by proposing to include in its Schedule 21-RIE recently-approved Order 864 compliance changes

09
Dec
Schedule 21-RIE

FERC issues deficiency letter directing RIE to address the absence of a permanent ADIT worksheet (as required per Order 864).

 

09
Dec
Mystic Fuel Supply Agreement Revision Info Filing

Mystic submits for information revision to Fuel Supply Agreement (FSA) that memorializes Constellation LNG’s pre-existing business practice of crediting Mystic under the FSA to account for firm gas transportation (FT) charges that Constellation LNG collects from forward third-party sales of gas. Mystic stated the the credit to the FSA reduces Mystic’s cost-of-service.

08
Dec
Revised Reliability Standards: EOP-011-3 and EOP-012-1
RD23-1

Comments on Proposed Cold Weather Reliability Standards submitted by, among others: NEPGA, IRC, Invenergy, and TAPS

07
Dec
Mystic 8/9 Cost of Service Agreement
ER18-1639-019
07
Dec
Modernizing Electricity Market Design - Resource Adequacy

ISO-NE files errata to its October 18, 2022 Report to correct on p. 8 a statement that the projected level of gas-fired resources in 2040 would represent “approximately 0.2 GW more than New England’s current natural gas-fired generation fleet.”  

06
Dec
Mystic 8/9 Cost of Service Agreement
ER18-1639-019
06
Dec
Attachment F Revisions reflecting RI Energy Addition as PTO

FERC accepts revisions, eff. Jan 1, 2023

06
Dec
Schedule 21-NEP: Removal of References to Narragansett; Update Reference to NGrid LCC

FERC accepts revisions, eff. Jan 11, 2023

06
Dec
Membership Suspension Notice - Manchester Methane

ISO-NE files notice of Dec 5 suspension of Manchester Methane from the New England Markets

 

06
Dec
NEP Tariff No. 1 Revisions

FERC accepts, eff. Jan 1, 2023, revisions to NEP Tariff No. 1 that (i) remove certain language in light of PPL’s acquisition of The Narragansett Electric Company d/b/a Rhode Island Energy (RI Energy), the subsequent transition in operational control of RI Energy’s transmission facilities, and an associated change in the mechanism through which RI Energy recovers its transmission revenue requirements; and (ii) make non-substantive edits to Tariff No. 1 to replace outdated references therein

05
Dec
IEP Remand

NEPOOL submits comments in response to ISO-NE’s Nov 22, 2022 Filing in this proceeding

02
Dec
Mystic COS Agreement Updates to Reflect Constellation Spin Transaction

Mystic submits compliance filing, with an Amended and Restated COS Agreement, as required by the FERC’s Nov 2, 2022 order accepting Mystic’s uncontested Sep 8, 2022 Offer of Settlement that resolved all contested matters in this proceeding

01
Dec
ENECOS Mystic COSA Complaint
01
Dec
FCA18 Schedule Modifications

FERC accepts FCA18 Schedule Modifications, eff. Dec 10, 2022 

01
Dec
Joint FERC-DOE Supply Chain Risk Management Technical Conference

FERC issues third supplemental notice of a Dec 7, 2022 joint technical Conference with the DOE for discussion of  supply chain security challenges related to the BPS, ongoing supply chain-related activities, and potential measures to secure the supply chain for the grid’s hardware, software, computer, and networking equipment

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