The Clean Grid Alliance claims that new information MISO has released on its interconnection queue fast lane definitively shows the plan would be detrimental to independent power producers and should be rejected by FERC.  

The clean energy advocacy group wrote to FERC July 15 that a newly released informational guide from MISO that describes how the express lane would be rolled out if approved proves the plan is unfair (ER25-2454). Clean Grid Alliance said the guide, published July 11, contains a detail that would leave load-serving entities and their affiliates free to scoop up nearly 74% of the project threshold that could be allotted under the express lane.  

MISO in early June refiled its fast-track proposal, this time with a 68-project limit that includes special reservations for retail choice states and independent power producers to advance their generation projects. MISO designated 10 of the 68 project slots for IPPs only. It said the dedicated spaces would discourage LSEs from using a tactic of refusing to enter into agreements with IPPs for the remaining 50 project slots. (See MISO’s Queue Fast Lane, Take 2, Nets Déjà vu Arguments.)  

But CGA said the guide’s “generalized other agreement category” shows that LSEs would get preferential treatment and could shut IPPs’ projects out of the 50-project fast lane if the two don’t have a legally binding agreement according to MISO. MISO said it won’t consider letters of intent, memorandums of understanding or term sheets as adequate for offtake agreements.  

“There might have been some glimmer of hope that the generalized other agreement category would not afford LSEs unfettered veto power. However, that too has now been shut down,” CGA said. “MISO’s recent post puts the nail in the coffin to IPP participation in the 50-project category. LSEs will unequivocally be able to raise a unilateral barrier to IPP participation and say no.”  

CGA said MISO’s definition of legally binding agreements leaves only power purchase or similar offtake agreements and “build-own-transfer” agreements as valid avenues to the lion’s share of the fast lane. The alliance said LSEs “would wield unchecked market power to simply say ‘no’ to an agreement with an IPP, leaving LSEs with exclusive use of the 50 projects as they desire, including self-supply or contracting with an affiliate.”  

CGA told FERC the wording in MISO’s guide attempts to add a late-stage revision to which interconnection requests can enter the fast lane. It also said the seemingly new requirement “follows MISO’s pattern in this docket to continually revise its filed proposal.” The alliance said that by burying the new condition in an information guide, MISO shut out public comment and FERC’s ability to review the proposal in its totality.  

“MISO did not apprise the commission of this legally binding substantive change to the other agreement category,” CGA wrote and again urged FERC to reject the plan.  

At press time, MISO hadn’t responded to RTO Insider’s request for comment on CGA’s claim.