Litigation Updates & Reports

Updates Between May 02, 2024 and Jun 03, 2024

14
Jun
Mystic Second CapEx Info. Filing Settlement Judge Proceedings

Settlement Judge French schedules 6th settlement conference for Jun 18, 2024

14
Jun
Extended-term/Longer-term Transmission Planning Phase 2 Tariff Revisions

ISO-NE answers comments filed by New Hampshire Transmission, LLC, LSP Transmission Holdings II, Advanced Energy United, and RENEW Northeast.

13
Jun
TO Initial Funding Show Cause Order

FERC finds that the ISO-NE Tariff appears to be unjust, unreasonable, and unduly discriminatory or preferential because it includes provisions for transmission owners to unilaterally elect transmission owner Initial Funding (the funding of network upgrade capital costs that the TO incurs to provide interconnection service to an interconnection customer, with the network upgrade capital costs subsequently recovered from the interconnection customer through charges that provide a return on and of those network upgrade capital costs).

13
Jun
eTariff § I.2.2 Conforming Changes

ISO-NE files conforming changes to eTariff § I.2.2 to ensure that the currently effective eTariff Viewer does not include changes to the defined terms that were included earlier with the DASI and SATOA  filings but that are not yet effective and will become effective at a later date. 

12
Jun
Order 1920 - Building for the Future Through Electric Regional Transmission Planning and Cost Allocation
RM21-17-001

Over 50 requests for rehearing filed, including requests by: AEU, Dominion, Invenergy, NESCOE (with VT PUC supporting), Versant, APPA, EEI, Large Public Power Council, NARUC, NRECA, TAPS, WIRES, Consumer Advocates, Harvard Electricity Institute 

11
Jun
D&E Agreement: CL&P / BPUS Generation Development

CL&P files D&E Agreement with BPUS Generation Development’s proposed Large Generating Facility 

10
Jun
Order 2222 Further Compliance Filing (Addition of Meter Data Submission Deadline to Tariff)

ISO-NE submits further compliance filing to add meter data submission deadlines to the Tariff in response to the requirements of the FERC’s Apr 11, 2024 Further Order 2222 Compliance Filing Order; comment deadline Jul 1, 2024

10
Jun
Mystic Second CapEx Info. Filing Settlement Judge Proceedings

Settlement Judge French issues 3rd status report, recommending that the settlement process continue

07
Jun
Waiver Request: Withdrawal from IEP and Return of IEP Net Revenues Received) (Canal Marketing/Canal 3)
07
Jun
203 Application: Eversource / GIP GP IV (North East Offshore/Revolution Wind)

FERC authorizes the sale of Eversource’s interests in North East Offshore, Revolution Wind, and South Fork Wind to GIP IV Whale Fund Holdings or one of its affiliates.

07
Jun
Versant 2022 MPD OATT Annual Update Settlement Agreement

FERC approves uncontested settlement agreement

07
Jun
Versant 2023 MPD OATT Annual Update Settlement Agreement

FERC approves uncontested settlement agreement 

06
Jun
Membership

FERC accepts (i) the following Applicants’ membership in NEPOOL: Comity Inc. (Supplier Sector); Earthjustice (Governance Only End User); Gunvor USA LLC (Supplier Sector); MFT Energy US POWER LLC [Related Person to MFT Energy US 1 LLC (Supplier Sector)]; and Viridon New England LLC [Related Person to Champlain VT, LLC d/b/a TDI New England (Provisional Member Group Seat)]; and (ii) the termination of the Participant status of: Paper Birch Energy, LLC [Related Person to Berlin Station, LLC and CS Berlin Ops, Inc. (Generation Sector Group
Seat)].

04
Jun
Order 2023 Compliance Changes
ER24-2009

Comments and protests on Order 2023 Compliance Changes filed by: BlueWave, Glenvale, New Leaf, RENEW, Clean Energy Associations, Longroad Energy Holdings

04
Jun
LGIA ISO-NE/NEP/South Coast Wind/Somerset Wind

FERC accepts LGIA, eff. Mar 26, 2024

03
Jun
LGIA - ISO-NE / NSTAR / MMWEC

FERC accepts LGIA, eff. Apr 13, 2024

31
May
Order 2023 Compliance Revisions

ISO-NE and NEPOOL file errata to Order 2023 Compliance Revisions transmittal letter

31
May
CSC CIP-IROL (Schedule 17) Section 205 Cost Recovery Filing

Cross-Sound Cable requests recovery of incremental medium impact CIP-IROL Costs incurred between Jan 1, 2023 and Dec 31, 2023

31
May
Membership

New Members:  ATNV Energy LP; Delorean Power LLC d/b/a Lightshift Energy; Fanfare Energy, LLC; ProGrid Ventures, LLC; and ZGE Massachusetts LLC.
Terminations:  Agile Energy Trading LLC; Energy Harbor LLC; Hydroland, Inc.; and Materials Innovations and Recycling Authority.
Name Change: Reworld REC, LLC (f/k/a Covanta Energy Marketing, LLC).

31
May
ISO-NE FERC Form 714

ISO-NE submits its 2022 FERC Form 714

31
May
IMM Quarterly Markets Reports

IMM files Winter 2023/24 Report

30
May
Extended-term/Longer-term Transmission Planning Phase 2 Tariff Revisions
ER24-1978

Supporting comments filed by:  AEU, NESCOE, Public Interest Organizations, Public Systems, RENEW
Adverse comments filed jointly by: NH Transmission and LS Power.

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30
May
Report of Comparisons of Budgeted to Actual Costs for 2023 for NERC and the Regional Entities

FERC files report to provide comparisons of actual to budgeted costs for the year 2023 for NERC and the six Regional Entities.

28
May
Amended TSA: NSTAR/Park City Wind

NSTAR files amended Transmission Support Agreement (TSA) with Park City Wind LLC (“PCW”), which covers the responsibilities to finance and pay for the transmission facilities required to interconnect PCW’s proposed 800 MW wind farm off the coast of Martha’s Vineyard to NSTAR’s transmission system (near West Barnstable on Cape Cod).  The amendments are primarily to (i) revise certain milestone dates (reflecting a delay in PCW’s project schedule and NSTAR’s resulting equipment procurement and construction schedule); and (ii)to reflect increased costs of certain of the transmission facility upgrades that NSTAR will construct and PCW will pay for under agreement.

28
May
NOPR: Reactive Power Compensation
RM22-2
24
May
IMM 2023 Annual Markets Report

IMM files annual report covering calendar year 2023; to be discussed at the July 9-10 Summer Markets Committee Meeting

24
May
Construction Services Agreement - Seabrook/NECEC

Seabrook submits an executed Construction Services and Cost Reimbursement Agreement with NECEC Transmission to set forth the terms of Seabrook’s performance related to the construction, implementation, and testing of the Seabrook Station 24.5 kV generator circuit breaker and ancillary equipment, including pre-Fall 2024 Planned Outage work that will commence following the Effective Date of the Agreement

24
May
Waiver Request: Withdrawal from IEP and Return of IEP Net Revenues Received) (Canal Marketing/Canal 3)
ER24-1407

Canal asks the FERC to act on its Petition and informs the FERC that ISO-NE supports Canal Marketing’s request to return to ISO-NE the net revenues, with applicable interest, that Canal
Marketing has received on behalf of Canal 3 for Canal 3’s participation in the IEP.

23
May
Order 2222 Compliance Filings

FERC, in response to AEU’s request for reh’g, modifies and sets aside, in part, the Order 2222 60-Day Compliance Filing Order.  ISO-NE directed to submit a further compliance filing on or before Jul 22, 2024, to include submetering requirements for DERAs participating as submetered Alternative Technology Regulation Resources (ATRRs) in the Tariff, rather than in OP-18.  The FERC set aside its finding that ISO-NE’s application of its existing requirements for ATRR to DERAs seeking to provide regulation service is consistent with Order 2222, stating that it will assess whether ISO-NE has satisfied this requirement with respect to sub-metering requirements for ATRRs after ISO-NE submits the further compliance filing. 

23
May
Mystic Request for Rehearing of Second CapEx Info Filing Order

FERC:

  • modifies the discussion in the Second CapEx Info Filing Order;
  • grants in part and denies in part the clarifications requested by Mystic (granting Mystic’s requested clarification of Formal Challenge Issue 7; denying Mystic’s requested clarification regarding Formal Challenge Issue 1; and confirming that Formal Challenge Issues 1, 2 and 6 were appropriately set for hearing and settlement judge procedures); and
  • sets aside that order, in part (setting aside, in part, the determination regarding Challenge Issue 7);
  • dismisses Mystic’s alternative request for reh’g.
23
May
SGIA - PSNH/Brookfield White Pine Hydro

PSNH files an SGIA to cover the continued interconnection of Brookfield White Pine Hydro’s 3.2 MW hydro generating facility in Errol, NH

23
May
RFA Termination - PSNH / Ocean State Power

PSNH submits Notice of Termination of the Related Facilities Agreement (RFA) with Ocean State Power (having completed all work pursuant to the RFA)

23
May
PURPA Enforcement Petition: Allco Finance Limited (CT DEEP)

FERC issues a notice of its intent not to initiate an enforcement action in response to Allco’s PURPA Complaint

23
May
Revised Reliability Standard: CIP-012-2

FERC approves CIP-012-002 (Cyber Security – Communications between Control Centers) to improve upon and expand the protections required by Reliability Standard CIP-012-1 by  requiring Responsible Entities to mitigate the risk posed by loss of availability of communication links and Real-time Assessment and Real-time monitoring data transmitted between Control
Centers.

23
May
NERC Cold Weather Data Collection Plan

FERC accepts NERC’s filing and approves its proposed cold weather data collection plan.

22
May
ISO-NE FERC Form 3Q

ISO-NE submits its 2024 Q1 FERC Form 3Q

22
May
Schedule 21-NEP: Creditworthiness Policy Updates

National Grid amends its Apr 22 filing to insert “Energy” in the FERC’s name in Section 15 of Attachment C to Schedule 21-NEP.

20
May
Mystic Second CapEx Info. Filing Settlement Judge Proceedings

Settlement Judge French schedules 5th settlement conference for Jun 14, 2024

20
May
FCA19 2-Year Delay

FERC accepts ’ proposed Tariff revisions to delay FCA 19 until Feb 2028 (to allow ISO-NE and stakeholders the time necessary to develop a prompt and seasonal capacity market framework and refine capacity accreditation methods).

20
May
FCA18 Results Filing

No Coal No Gas supplements its May 16 answer with annotated copy of ISO-NE’s May 7, 2024 Answer  

20
May
Engie Stipulation and Consent Agreement

FERC approves Stipulation and Consent Agreement that resolves OE’s investigation into whether Engie misrepresented to the ISO-NE IMM that generator assets it managed were eligible to seek an exemption from energy market mitigation between Jul 2021 and Sep 2022; Engie agreed to pay a civil penalty of $48,000 and to submit one annual compliance monitoring report (with a second annual compliance monitoring report at OE’s discretion)

16
May
FCA18 Results Filing

No Coal No Gas Campaign answers ISO-NE’s May 7 answer

16
May
Membership

FERC accepts:  (i) the following Applicants’ membership in NEPOOL as of April 1, 2024: Eagle Creek Madison Hydro LLC [Related Person to Ontario Power Generation Inc.; Ontario Power Generation Energy Trading, Inc.; Brown Bear II Hydro, Inc., and Eagle Creek Renewable Energy Holdings LLC (Supplier Sector)] and Vineyard Offshore LLC (Generation Sector); and (ii) the termination as of March 1, 2024 of the Participant status of: Power Supply Services, LLC (AR Sector) and RPA Energy Inc. d/b/a Green Choice Energy (Supplier Sector).

16
May
Versant MPD OATT Order 2023 Compliance FIling

Versant Power submits MPD OATT Order 2023 compliance filing

15
May
Interconnection Study Metrics Processing Time Exceedance Report 2024 Q1

ISO-NE files 2024 Q1 Report

14
May
Order 2023 Compliance Changes

ISO-NE, NEPOOL and the PTO AC jointly submit, pursuant to Section 206 of the FPA, Tariff changes in response to Orders 2023 and 2023-A, including changes to Tariff Section I.2.2; Section II.48; Section II, Attachment K and Schedules 11, 22, and 23; and Section III.13.

14
May
Order 2023 Companion Changes

ISO-NE, NEPOOL and the PTO AC jointly submit, pursuant to Section 205 of the FPA, Tariff changes related to their Compliance Changes filed in response to Orders 2023 and 2023-A (see ER24-2009), but that may be considered outside those orders’ compliance requirements, including revisions to: (i) the SGIP in Schedule 23 (designed to align Schedule 23’s SGIP with the LGIP in Schedule 22 and include Small Generating Facilities in the new Cluster Study Process); (ii) Schedule 25 (to ensure alignment with Schedule 22 and to include ETUs in the Cluster Study Process); and (iii) Sections II.19 and II.34 of the OATT (to require that System Impact Studies related to Regional Transmission Service requests take place in the Cluster Study incorporated as part of the Cluster Study Process).

14
May
Capital Projects Report - 2024 Q1

NEPOOL files comments supporting ISO-NE’s 2024 Q1 Capital Projects Report

14
May
EPC Cancelation – CMP/FPL Wyman

FERC accepts CMP’s Notice of Termination of its Engineering and Procurement Agreement with FPL Energy Wyman, eff. Mar 15, 2024

13
May
Order 1920 - Building for the Future Through Electric Regional Transmission Planning and Cost Allocation

FERC issues a final order (i) requiring transmission providers to conduct Long-Term Regional Transmission Planning that will ensure the identification, evaluation, and selection, as well as the allocation of the costs, of more efficient or cost-effective regional transmission solutions to address Long-Term Transmission Needs and (ii) directing other reforms to improve coordination of regional transmission planning and generator interconnection processes, require consideration of certain alternative transmission technologies in regional transmission planning processes, and improve transparency of local transmission planning processes and coordination between regional and local transmission planning processes.  

13
May
Order 1977 - Interstate Electric Transmission Facilities Siting

FERC amends its regulations governing applications for permits to site electric transmission facilities and amends its National Environmental Policy Act (NEPA) procedures: (i) to ensure consistency with the Infrastructure Investment and Jobs Act of 2021 (IIJA); (ii) to modernize certain regulatory requirements, and (iii) to incorporate other updates and clarifications to provide for the efficient and timely review of permit applications.

10
May
NOPR: Reactive Power Compensation

FERC denies request for extension of time to submit comments on NOPR; comment deadline remains May 27, 2024; reply comments deadline, Jun 26, 2024

10
May
Capital Projects Report - 2024 Q1

ISO-NE submits Capital Projects Report for the first quarter of 2024

09
May
Extended-term/Longer-term Transmission Planning Phase 2 Tariff Revisions

ISO-NE, NEPOOL and the PTO AC jointly submit Tariff revisions to establish, as part of the optional, longer-term transmission planning process, the mechanisms that enable the New England states to develop policy-based transmission facilities in connection with Longer-Term Transmission Studies, and the associated cost allocation methods for these upgrades. 

08
May
IA 2d Amendment - CMP / Brookfield White Pine Hydro

CMP files second amendment to CMP/Brookfield White Pine Hydro Interconnection Agreement to to remove references to the “Bonny Eagle” and “West Buxton Hydro” generating facilityies, which become subject to a new three-party pro forma LGIA between CMP, Brookfield and ISO-NE. The 2d Amended IA does not implement any new rates or charges.

07
May
FCA18 Results Filing

ISO-NE answers protests

07
May
LGIA – ISO-NE/CMP/Andro Hydro

Filing Parties replace March 13 LGIA filing with this one to allow (i) the FERC additional time to consider the filing (as well as an additional filing made by Andro Hydro) and (ii) for additional time for consultation among the Filing Parties 

07
May
NOPR: Reactive Power Compensation

Coalition of Midwest Power Producers, Inc. supports Apr 25 request for extension of time to file comments on the NOPR

02
May
NOPR: Reactive Power Compensation

PJM IMM opposes Apr 25 extension request

2024 Reports

2015 Reports

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