Litigation Updates & Reports

Updates Between Apr 01, 2020 and May 04, 2020



Docket Brief Description
May 4 ISO-NE Order 845 Compliance Filing ER19-1951 NEPOOL answers ISO-NE motion for clarification
May 4 NERA Petition: FERC jurisdiction over customer- side-of-the-meter DG EL20-42 P. Martin files comments
May 4 IMM Quarterly Markets Reports – 2020 Winter ZZ20-4 IMM files Winter 2020 Report
May 1 Waiver Request: Settlement Only Resources Definition — GMP’s Searsburg facility ER20-1755 Green Mountain Power requests limited waiver of Settlement Only Resources definition to allow its Searsburg facility to maintain its Settlement Only Resource/SOG registration
May 1 2013/14 Winter Reliability Program Remand Proceeding ER13-2266 TransCanada Power Marketing requests rehearing of Apr 1 2013/14 Winter Reliability Program Order on Compliance and Remand
May 1 Emera Maine MPD OATT Order 864 Compliance Filing ER20-1736 Emera Maine submits MPD OATT Order 864 compliance filing
May 1 NERA Petition: FERC jurisdiction over customer- side-of-the-meter DG EL20-42 Comments supporting an extension of time filed by: New England Small Hydro Assoc.Org. of MISO StatesPublic Interest Organizations; S. Thome submits comments
Apr 30 Economic Life Revisions  ER20-1770 NEPGA submits comments supporting compliance changes
Apr 30 Membership  ER20-1694 New Member: RPA Energy Inc. d/b/a/ Green Choice Energy; Termination: Empire Generating Co, LLC
Apr 30 Schedule 21-VEC and 20-VEC: Annual Informational Filing ER10-1181 VEC submits its annual update to its Schedule 21-VEC and 20-VEC formula rates covering the Jul 1, 2020 – Jun 30, 2021 period
Apr 30 NERA Petition: FERC jurisdiction over customer- side-of-the-meter DG EL20-42 CT PURA/OCC/DEEP/NJ BPU jointly support 90-day extension of time
Apr 29 VTransco/VEC Agreements  ER20-1679 Vermont Transco LLC submits Shared Structure Participation Agreement and Operating and Maintenance Agreement
Apr 29 NERA Petition: FERC jurisdiction over customer- side-of-the-meter DG EL20-42 State Entities request 90-day extension of time; NESCOE supports NARUC’s request for extension of time; NERA files comments not opposing a reasonable extension of time (which it views as between 30-60 days) 
Apr 29 NERA Petition: FERC jurisdiction over customer- side-of-the-meter DG EL20-42 Patrica Martin files comments protesting NERA’s Petition
Apr 29 NEP-NSTAR LSA ER20-1692 New England Power files Local Service Agreement with NSTAR
Apr 28 NERA Petition: FERC jurisdiction over customer-side-of-the-meter DG EL20-42 NARUC, APPA/NRECA request 90-day extension of time to submit comments
Apr 27 ISO-NE FERC Form 582 not docketed ISO-NE files report on total interstate MWh of transmission services in 2019 
Apr 27 Revisions to FERC Forms Filing Processes RM19-12 ISO-NE files comments requesting new XBRL format for FERC Forms 1, 3-Q and 714 become effective in 2022 given its need to purchase software from a vendor and incorporate into its processes
Apr 27 Carbon Pricing in RTO/ISO Markets AD20-14 MA AG supports request for technical conference or workshop
Apr 24 ESI Proposals ER20-1567
NEPOOL files comments supporting the NEPOOL-approved ESI Proposal
Apr 24 CIP IROL Cost Recovery Rules ER20-739 NESCOE answers IROL-Critical Facility Owners’ Apr 17 comments
Apr 21 Sched. 20-A: NEP/
ER20-1626 New England Power submits a new Phase I/II HVDC-TF Service Agreement between NEP and Brookfield Renewable Trading and Marketing LP
Apr 21 206 Proceeding: RNS/LNS Rates and Rate Protocols EL16-19-002 TOs request procedural schedule be suspended for an add’l 47 days, to Jun 8, 2020

Apr 20 ISO-NE Order 845 Compliance Filing ER19-1951 ISO-NE requests clarification of Mar 19 Order 845 Compliance Filing Order
Apr 20 NCPC Audit Eligibility
ER20-1094 FERC accepts changes, eff. May 1, 2020
Apr 17 CIP IROL Cost Recovery Rules ER20–739 IROL-Critical Facility Owners file comments on ISO-NE’s deficiency letter response
Apr 16 Order 841 Compliance Filing ER19-470-003 FERC denies ISO-NE’s request for rehearing of Nov 22 order conditionally accepting New England Order 841 (Electric Storage Participation in RTO/ISO Markets) compliance filing
Apr 16 Extension of Implementation Date: SOG Dispatchability Changes ER20-1582 ISO-NE requests deferral of effective date of previously-accepted revisions to Tariff § I.2 that require Settlement Only Resources (SOGs) above 5 MW to register as dispatchable generators and meet offer telemetry requirements, from Jun 1, 2020 to Jan 1, 2021, due to COVID-19 related impacts
Apr 16 PJM MOPR-Related Proceedings EL18-178-002; EL16-49-002 FERC grants in part, and denies in part, requests for rehearing and clarification of its Dec 19 order; PJM directed to submit a compliance filing on or before Jun 1, 2020
Apr 16 PJM-NOPR Related Proceedings EL18-178-001; EL16-49-001; ER18-1314-002 FERC denies rehearing and and grants clarification of its Jun 29, 2018 order
Apr 15 ESI Proposals ER20-1567 ISO-NE submits Tariff revisions to incorporate comprehensive, long-term market enhancements to address the fuel security challenges facing the New England region (Energy Security Improvements or ESI).  The revisions included NEPOOL-supported alternatives to certain aspects of the enhancements proposed by ISO-NE.   
Apr 15 LFTR Implementation Quarterly Status Reports ER07-476 ISO-NE files 46th quarterly report
Apr 15 ISO-NE FERC Form 1 not docketed ISO-NE submits FERC Form 1 (Annual Report of Major Electric Utilities, Licensees and Others) for calendar year 2019
Apr 14 NERA Petition: FERC jurisdiction over customer- side-of-the-meter DG EL20-42 New England Ratepayers Association (NERA) asks the FERC to assert jurisdiction over energy sales from facilities located on the customer side of the retail meter (rooftop solar and other distributed generation (DG) (i) whenever the DG output exceeds customer demand or (ii) where the energy from the DG is designed to bypass the customer’s load and therefore is not used to serve demand behind the customer’s meter, and ensure the output is priced accordingly
Apr 13 Carbon Pricing in RTO/ISO Markets AD20-14 Industry associations and participants request FERC convene a technical conference or workshop to discuss integrating state, regional, and national carbon pricing in FERC-jurisdictional organized regional wholesale electric energy markets
Apr 10 FCA14 Result Filing ER20-1025 FERC accepts FCA14 Results filing
Apr 9 Economic Life Revisions ER18-1770-003 ISO-NE and NEPOOL file modifications to the Tariff to reflect the FERC’s rejection of the revisions to Section III. of the Tariff that the ISO, joined by NEPOOL, filed on Jun 11, 2018, and the prospective implementation of the Economic Life Revisions in FCAs, beginning with FCA16
Apr 8 IA / TSA Cancellations: Emera Maine/ReEnergy
Fort Fairfield
FERC accepts notices of cancellation, eff. Feb. 24, 2020
Apr 7 Reliability Standards Implementation Date Deferral RD18-4 et al. ISO/RTO Council, including ISO-NE, supports implementation date deferrals
Apr 6 Reliability Standards Implementation Date Deferral RD18-4
NERC requests deferral of implementation of several FERC-approved Reliability Standards with effective dates or phased-in implementation dates in the second half of 2020: CIP-005-6, CIP-010-3 and CIP-013-1 (by 3 months to Oct 1, 2020); PRC-002-2 and PRC-025-2 (6 months to Jan 1, 2021); and PER-006-1 and PRC-027-1 (by 6 months to Apr 1, 2021)
Apr 3 Membership ER20-1130 FERC accepts (i) SP Transmission’s provisional membership; (ii) the termination of the Participant status of QPH Capital; and (iii) Pixelle Energy Services’ name change
Apr 3 Capital Projects Reports ER20-973 FERC accepts ISO-NE’s 2019 Q4 Report
Apr 3 Conforming ISO-NE Tariff updates ER20-1497 ISO-NE submits a conformed § III.13.6 to be effective Jun 1, 2020, that consolidates previously-accepted changes made with the Oct 18, 2019 PRD
Revisions, Apr 2, 2018 FCM Revisions and Oct 12, 2016 Resource Dispatchability Changes
Apr 2 COVID-19 EL20-37 FERC issues a blanket waiver of all Tariff/OATT requirements to hold meetings in-person and/or to provide/obtain notarized documents
Apr 2 ISO-NE Waiver Request: Tariff Affidavit Reqs. ER20-1484 ISO-NE requests a waiver of all notarization requirements contained in the Tariff or
required under FERC regulations from Apr 2 through end of effectiveness of COVID-19-related emergency orders or declarations
Apr 2 COVID 19 AD20-11
FERC extends filing deadline for 2020 Q1 EQRs to Jun 1, 2020 (from Apr 30)
Apr 2 COVID-19 AD20-11 Non-statutory deadlines extended by FERC to May 1, 2020 include: (i) answers to complaints and orders to show cause with pre-May 1, 2020 deadlines; (ii) initial and reply briefs in paper hearings with pre-May 1, 2020 deadlines; (iii) interventions, protests, or comments to a complaint; and (iv) briefs on and opposing exceptions to an initial decision.  Entities may seek waiver of FERC orders, regulations, tariffs, rate schedules, and service agreements, as appropriate, to address needs resulting from steps
they take in response to the emergency conditions caused by COVID-19 — action on all such motions will be taken as expeditiously as possible
Apr 2 Semi-Annual Reserve Market Compliance Report  ER06-613 ISO-NE submits 28th semi-annual report
Apr 1 2013/14 Winter Reliability Program Remand Proceeding ER13-2266-004 FERC accepts ISO-NE’s Jan 23, 2017 compliance filing, finds that the bid results from the 2013-2014 Winter Reliability Program just and reasonable, and provides the further reasoning requested by the DC Circuit for this finding
Apr 1 Phase II VT DMNRC Support Agreement Order 864-Related Filing ER20-1480 VELCO, as agent of Joint Owners, submits filing explaining why no changes to the Agreement are required to comply with Order 864

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