Updates Between May 04, 2023 and Jun 24, 2023
Berkshire Environmental Action Team, Repsol file pre-Forum comments (composite comments can be found on Jun 13)
FERC conditionally accepts, eff. July 12, 2025, the region’s changes to the Tariff, including the addition of a new Attachment Q to the OATT, and revisions to OATT Schedules 18 (MTF; MTF Service) and 21 (Local Service – Common), subject to further compliance filings, including (a) on or before August 14, 2023, a further compliance filing to revise the Tariff (or explain why ISO-NE should not be required) (i) to specify that transmission service at ISO-NE’s seams use AARs as the basis for evaluation for near-term transmission service requests; (ii) to include the examples listed in the pro forma Attachment M; (iii) to remove revisions to Schedule 18 that except CSC from the requirements of Order 881; and (iv) to require ISO-NE to host all transmission line ratings, ratings methodologies, and exceptions or alternate ratings in a database maintained by ISO-NE (rather than divvying up the database responsibility between the PTOs and ISO-NE); and (b) on or before Nov 12, 2024, a further compliance filing that provides ISO-NE’s timelines for calculating or submitting AARs.
FERC conditionally accepts, effective Jul 12, 2025, the July 22, 2022 compliance filing by ISO-NE, Asset Owners, and the Schedule 20A Service Providers. The FERC accepted the filing subject to a further compliance filing, due on or before Nov 12, 2024, that explains the timelines for calculating or submitting AARs.
FERC issues Order 895 that requires RTOs and ISOs to have tariff provisions that permit them to share among themselves credit-related information regarding their market participants. The suggestions and requests by NEPOOL, other than clarification that an entity whose information was shared may turn to dispute resolution mechanisms available under the OATT of the receiving RTO/ISO OATT or submit a complaint under FPA § 206 notwithstanding the fact that such entity may not be a market participant under the receiving RTO’s/ISO’s OATT, were not granted.
Versant files a revised Schedule 21-VP to reflect a change in the Real Power Loss factor for Local Point-To-Point Service from 1.99% to 1.764%.
FERC (i) addresses arguments raised by Seabrook’s request for rehearing of the Seabrook Dispute Order (denied by operation of law), modifying the discussion but reaching same result; and (ii) terminates the 206 proceeding instituted in Docket No. EL21-94 (determining that its findings in the Seabrook Dispute Order, that Seabrook must replace the breaker at Seabrook Station pursuant to the terms of its LGIA, render the 206 investigation moot).
ISO-NE files responses to May 15, 2023 deficiency letter in ER23-743-001 and ER23-739-001
ISO-NE answers Advanced Energy United/Power Options/SEIA protest
NSTAR files notice of cancellation of D&E Agreement with Medway Grid (ISO-NE having determined that Qualified Transmission Upgrades are not required for the interconnection of the Medway Grid facility).
Pre-Forum Comments and Position Statements filed by: ISO-NE (Ltr, Opening Presentation, Extreme Weather Risks), Constellation (Allen), Eversource (Daly, Divatia), NEPGA (Dolan), NextEra (Gardner), NHOCA, Vistra, NERC/NPCC, Excelerate, Orsted (DiOrio), National Grid (Holodak),
(filed Jun 16) Enbridge, Kinder Morgan
(filed Jun 20) Berkshire Environmental Action Team, Repsol
FERC issues third supplemental notice moving the Forum start time one-half hour EARLIER to 8:30 am
Constellation opposes, CT Parties support, ISO-NE answers, Motion for Disclosure of Audit Information
VEC files for acceptance an Agreement for the Transfer of Use Rights on the Phase I/II HVDC Transmission Facilities (“Transfer Agreement”) between itself and HQUS
ISO-NE and RIE submit supplemental filings to update their filings of revised LGIAs with Manchester Street and Ocean State Power
Chief Judge terminate settlement judge procedures subject to final Commission action
FERC issues deficiency letter directing Versant to submit all records that Versant provided to FERC audit staff in Docket No. FA20-9 related to the proposed regulatory asset and explain how these records support the filing in this proceeding
FERC accepts revisions to the OATT to remove the Capacity Network Resource Interconnection Service (“CNRIS”) time-out rules from Section 4.4 of Schedules 22 and 25 and from Section 1.5.5 of Schedule 23 for Queue Positions that have not timed-out (in whole or part) by FCA 17, eff. Jun 6, 2023
National Grid submits LGIA with Millennium Power to provide for continued interconnection service to Millennium’s Facility
Settlement Judge McBarnette files “Report of Settlement” with the Commission (Mar 15 Settlement, Initial Comments, and all pleadings, orders, and other documents of record in this proceeding)
FERC extends by 4 days, to Jun 9, the period for Mystic to answer Public Systems’ request for Disclosure of Audit Information
Versant and ISO-NE fil seven Local Service Agreements (LSAs) for firm and non-firm local point-to-point service under Schedule 21-VP
NEPOOL requests that the FERC accept: (i) the memberships of Con Edison Transmission Inc. [Related Person to Consolidated Edison Company of New York, Inc. (Supplier Sector)]; Generate NB Fuel Cells, LLC (Related Person to Generate Colchester Fuel Cells, LLC (AR Sector, RG Sub-Sector); Jonathan Lamson (Governance Only End User); and Tomorrow Energy Corp (Supplier Sector); and (ii) termination of the Participant status of: Northern States Power Company (Supplier Sector); and Granite Reliable Power, LLC [Related Person to NextEra Energy Resources (Generation Sector)]
ISO-NE and RI Energy supplement Manchester Street LGIA filing with Consent Agreements that specify their Jan 1, 2023 effective date.
FERC issues notice of denial of Rehearing by operation of law and providing for further consideration
NEPOOL submits comments supporting 60-day compliance changes
Advanced Energy United/PowerOptions and Solar Energy Industry Association jointly protest and comments on 6-day compliance changes
IMM files Winter 2022/23 Report; to be reviewed at Jun 6 Markets Committee meeting
Mystic requests an additional 4 days, to Jun 9, to answer Public Systems request for Disclosure of Audit Information
Consumer Advocates, Sierra Club/CLF/UCS answer May 15 answers of ISO-NE and NEPOOL
FERC issues final agenda for Jun 20 Forum, identifying forum panelists and questions for the panelists, which are to be addressed in position statements to be filed no later than June 9, 2023.
FERC authorizes ISO-NE drawdowns under a $20 million Revolving Credit Line and a $4 million line of credit supporting the Payment Default Shortfall Fund through May 29, 2025
Generate NB Fuel Cells submits a revised Facilities Operating Agreement (FOA) reflecting the assignment of the Agreement from EIP Investment following Generate NB’s purchase of EIP’s New Britain fuel cell project assets
FERC issues deficiency letter requesting ISO-NE provide “any quantitative studies, liquidity analysis, work papers, and any other information used to support the choice of financial product and July 17 to July 31 measurement period”
Mystic moves to lodge ISO-NE’s May 25, 2023 Audit Controls Memorandum
NECPUC answers ISO-NE request for rehearing of FERC’s order regarding which entity will be responsible for transmitting DERA metering data to ISO-NE
FERC accepts D&E Agreement that sets forth the terms and conditions under which PSNH will perform necessary engineering, procurement and design services in connection with National Grid’s asset separation project with Great River Hydro, eff. Mar 12, 2023
NEPOOL intervenes and files comments supporting 2023 Q1 Report
Public Systems request that FERC direct ISO-NE to release additional information concerning its audit of performance under the fuel security cost-of-service agreement
Comments on the Transmission Siting NOPR filed by, among others: AEU, CLF (May 16), NESCOE, ACPA, ACRE, Clean Energy Buyers Assoc., EDF, EEI/WIRES, Joint Consumer Advocates, Public Interest Organizations, SEIA, US Chamber of Commerce,
FERC issues deficiency letter requiring additional information to be submitted on or before Jun 14, 2023
ISO-NE files limited comments to provide the FERC with further information and to highlight that the data involved in the calculation of Mystic’s revenue credits are confidential under the ISO’s Information Policy.
Post-workshop comments filed by, among others: Advanced Energy United, Invenergy, Vistra/NRG, ACPA, ACRE, APPA, ELCON, NRECA, Public Interest Orgs, Eastern Interconnection Planning Collaborative, US DOE
FERC authorizes proposed transaction pursuant to which Jade Energy LLC, 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 Hecate Energy)
Referring to Consumer Advocates’ and Environmental Organizations’ protests, US Senator Blumenthal (D-CT) encourages a thorough review of the justification and indexing formulas
ENECOS answer Mystic’s motion for clarification of the Mystic I Order on Remand
No Coal No Gas files with the Office of Public Participation a report on its comment initiative opposing the FCA 17 Results Filing (identifying the 424 individuals and 5 organizations that submitted comments in ER23-1435; 163 comments directly, 289 indirectly)
ISO-NE files Tariff changes in response to 60-day requirements of the Order 2222 Compliance Order (except for the requirement related to the submission of metering data, which is the subject of an ISO-NE rehearing request).
FERC issues notice of investigation into the Market Power Mitigation Rules and Consideration of Fuel Price Adjustment in the ISO-NE Tariff. Specifically, in the Dynegy Order, the FERC directed ISO-NE, on or before July 5, 2023, to either: (1) show cause as to why the Tariff, specifically its mitigation rules that can result in market power mitigation that increases the offers of a Market Participant and provision(s) that do not allow different fuel price adjustments to apply to certain offer segments of the Reference Level and not others, remains just and reasonable and not unduly discriminatory or preferential; or (2) explain what Tariff changes it believes would remedy the identified concerns if the FERC were to determine that the Tariff has in fact become unjust and unreasonable or unduly discriminatory or preferential and, therefore, proceeds to establish a replacement Tariff. Interventions must be filed on or before Jun 2, 2023.
FERC granted in part and denied in part Dynegy’s request for cost recovery for unrecovered costs incurred in connection with the Dec 24 Winter Storm Elliott event. Specifically, the FERC granted Dynegy recovery of its costs related to downward price mitigation and to the regulatory costs incurred in connection with the cost recovery filing (regulatory cost recovery subject to a 60-day compliance filing detailing its actual costs). The FERC denied Dynegy’s request to recover costs related to upward price mitigation.
ISO-NE and NEP file revisions to TSA-NEP-86 so that the TSA, as revised, will function solely to ensure that certain provisions related to the Contract Termination Charges (“CTCs”) defined and set forth in certain Restructuring Agreements remain in effect until such time as the CTCs are fully recovered.
ISO-NE and NEP file revisions to NEP-SA 23 so that the SA, as revised, will function solely to ensure that certain provisions related to the Contract Termination Charges (“CTCs”) defined and set forth in certain Restructuring Agreements remain in effect until such time as the CTCs are fully recovered.
Cross-Sound Cable requests recovery of $723,601 of incremental medium impact CIP-IROL Costs incurred between Jun 1, 2021 and Dec 31, 2022