Litigation Updates & Reports

Updates Between Sep 04, 2024 and Oct 08, 2024

08
Oct
Canal IEP Settlement Agreement

Canal and ISO-NE file Settlement Agreement to resolve all issues in ER24-1407 (Waiver Request: Withdrawal from IEP and Return of IEP Net Revenues Received (Canal Marketing/Canal 3))

02
Oct
Second CapEx Info Filing Settlement Proceedings

Judge French issues 5th status report recommending that settlement proceedings continue

30
Sep
Membership

New Members: Castleton Commodities Energy Services, Castleton Commodities Energy Trading; Alan Sliski; and Stony Creek Energy.
Termination of Participant Status: Gas Recovery Systems

30
Sep
NSTAR Wholesale Distribution Tariff

NSTAR files new Wholesale Distribution Tariff to facilitate BESS resources’ participation in the ISO-NE markets via distribution facilities owned by NSTAR

30
Sep
206 Proceeding: TO Initial Funding Show Cause Order

AEU, ACPA, and SEIA (collectively the “Clean Energy Associations”) request a 14-day extension of time to to respond to the filings the FERC has received regarding its Order to Show Cause, including to ISO-NE’s response 

30
Sep
LTTP Phase 2 Tariff Changes

FERC accepts corrections to Tariff Section I.1.2 to remove the revisions to the definition of the term “Regulation Resources” and the addition of the terms “Storage as Transmission-Only Asset (SATOA)” and “Real-Time SATOA Obligation” that are not yet intended to be in effect and were included with the LTTP Phase 2 Changes in error.

30
Sep
CL&P Wholesale Distribution Tariff

CL&P files new Wholesale Distribution Tariff to facilitate BESS resources’ participation in the ISO-NE markets via distribution facilities owned by CL&P

30
Sep
Order 2023 Compliance/Compliance-Related Revisions

Allco asks the FERC to reject the Compliance Filings and require ISO-NE to propose procedures that would be just, fair and reasonable for small State jurisdictional solar projects (explaining how, for under 5 MW state-jurisdictional distribution system projects such as Allco’s, the procedures impose “knee-buckling interconnection fees and costs and a crushing interconnection process”).

26
Sep
Fitchburg Att. F App. D Depreciation Rate Changes

FERC accepts updated depreciation rates, eff. Jul 1, 2024

26
Sep
LGIA: CL&P / ISO-NE / Brookfield Husky Solar

FERC accepts LGIA, eff. Aug 10, 2024

24
Sep
135th Agreement; PA13 (Unused Provisional Member Voting Share Allocation Changes)

FERC accepts 135th Agreement and Amendment No. 13 to the Participants Agreement which modify the allocation of any unused Provisional Member Group Seat voting share to all six Sectors, eff. Aug 1, 2024

24
Sep
Membership

FERC accepts the membership of Twig Redwood Inc. and the termination of the Participant status of MFT Energy US 1.

23
Sep
National Grid ESS Wholesale Distribution Tariffs

National Grid answers the Sep 6, 2024 protests filed by the Northeast Clean Energy Council and the MA AG

20
Sep
UI Wholesale Distribution Tariff

Elevate Renewables F7 submits comments in support of UI’s Wholesale Distribution Access Tariff, suggesting clarifications to the filing to improve customer understanding

18
Sep
FAP Revisions to Mitigate Risk of PFP Penalty Payment Defaults

ISO-NE proposes Financial Assurance Policy (FAP) revisions for participants that are determined to  t have adequate corporate liquidity relative to potential obligations that may be incurred
under the pay for performance (PFP) construct of Forward Capacity Market (FCM).  Beginning with the 2025 – 2026 Capacity Commitment Period, ISO-NE will perform a corporate liquidity assessment on each FCM participant holding a CSO (or its guarantor, if such guarantor is guaranteeing the payment of PFP penalties), to determine its ability to pay potential penalty payment obligations associated with its CSO within the applicable Capacity CCP , over a forward-looking rolling six months.  “Low risk” participants will continue to be subject to the current FCM Delivery Financial Assurance methodology; “medium and high risk” participants will be subject to higher collateral requirements (risk adders).  A February 1, 2025, effective date is proposed.

16
Sep
CSA Cancellation: NEP/WMECO

NEP files notice of cancellation of a Construction Services Agreement (CSA) with Western Massachusetts Electric Co. (WMECO).  The CSA documented the terms of work to facilitate the interconnection of a 15 MW facility to WMECO’s electric distribution system.  All work and invoicing pursuant to the CSA has been completed and the CSA is no longer required.

13
Sep
203 Application: Berkshire Power / Gate City Power

FERC approves proposed transaction whereby Gate City Power – NE Generation LLC (“Gate City Power”) will acquire all of the membership interests of Berkshire the parent of Berkshire Power Company, LLC (“Berkshire Power”) , Tenaska Hampden Partners, LLC (“Tenaska Hampden”), from Tenaska Energy, Inc. (“Tenaska Energy”) and Tenaska Energy Holdings, LLC (“Tenaska Holdings”).  Following consummation of the proposed transaction, Berkshire Power will no longer be a Related Person to Tenaska Power Services et al.

13
Sep
Updates to Non-Commercial Capacity FA Amount Multiplier

ISO-NE and NEPOOL jointly file revisions to Financial Assurance Policy to:  (1) ensure that the post-auction Non-Commercial Capacity Financial Assurance (NCCFA) Multiplier continues to increase annually during the three-year delay of the next FCA; (2) ensure that the formula for calculating the NCCFA Amount directly before an FCA remains generally consistent with the formula for calculating NCCFA required upon completion of an FCA; and (3) eliminate an NCCFA provision which is no longer relevant due to the passage of time.

13
Sep
Mystic COSA Protocols Wavier Request

Mystic requests further waiver of the deadlines in Sections II.6.A and II.4.F of the Protocols to allow additional time for the parties to file, and for the FERC to act on, a settlement that would moot the need for filings required by the Protocol provisions being waived; comment deadline Sep 20, 2024

11
Sep
206 Proceeding: TO Initial Funding Show Cause Order

ISO-NE responds to Show Cause Order, including as an attachment a response provided by the New England Transmission Owners (NETOs), a subset of the Participating Transmission Owners that hold the exclusive Federal Power Act Section 205 filing rights for the OATT rules identified and at issue in the Show Cause Order 

11
Sep
VTransco Att. F App. D Depreciation Rate Changes

VTransco files changes to incorporate revised depreciation rates used to calculate VTransco’s annual transmission revenue requirements

11
Sep
Membership Suspension Notices
not docketed
09
Sep
D&E Agreement Cancellation NSTAR/Hingham

FERC accepts notice of cancellation of NSTAR/Hingham D&E Agreement, eff. Aug 5, 2024

06
Sep
Capital Projects Report - 2024 Q2

FERC accepts 2024 Q2 Capital Projects Report, eff. Jul 1, 2024

06
Sep
203 Application: GIP / BlackRock

FERC authorizes a transaction pursuant to which BlackRock Funding Inc. will acquire 100% of the LLC interests in GIM and thereby an indirect controlling interest in the GIM public utility
subsidiaries, including, among others, Clearway Power Marketing and GenConn Energy.

06
Sep
National Grid ESS Wholesale Distribution Tariffs
06
Sep
LGIA - Versant / Eagle Point Energy Center

Versant Power submits a fully executed, non-conforming Large Generator Interconnection Agreement by and among Versant Power and Eagle Point Energy Center, LLC

06
Sep
MOPA Formal Challenge to TO’s Annual (2023-24) Transmission Rate Update/Info Filing

MOPA renews request that FERC direct Indicated TOs to answer fully all of MOPA’s questions 

06
Sep
GDQ ESS Waiver Request: Late Stage SIS Process

ISO-NE protests GDQ ESS waiver request

05
Sep
Order 2222 Compliance FIlings

FERC accepts Jun 10, 2024 Metering Data Submission Revisions, eff. Nov 1, 2026

05
Sep
FERC Enforcement - Big Rivers Electric Corp
IN24-9

FERC approves Stipulation and Consent Agreement that resolves OE’s investigation into whether BREC violated the FERC’s Anti-Manipulation Rule though (false and misleading) communications with MISO and the MISO IMM; BREC agrees to disgorge $308,341, pay a $336,870 civil penalty, provide compliance training to its staff and and be subject to compliance
monitoring

04
Sep
LGIA - ISO-NE / CMP / Andro Hydro

ISO-NE and CMP file in a new docket amendments to the LGIA with Andro Hydro (currently pending before the FERC, but to be withdrawn upon action on this filing) that clarify the relationship between Interconnection Customer and JGT2 Redevelopment LLC (“JGT2”), the owner of a closed paper mill located on the Interconnection Customer’s side of the interconnection, and the status of the Interconnection Facilities governed by the LGIA.

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