The union representing workers at a Massachusetts power plant slated for closure is again asking federal regulators to reconsider its protest of capacity auction results in New England (ER15-1137).

Utility Workers Union of America Local 464 last week asked the Federal Energy Regulatory Commission to rehear its order accepting results from the ninth Forward Capacity Auction from February, citing “errors” in a June order affirming the results.

The union has tried three times without success to persuade FERC that recent capacity auctions in New England have been tainted by generators illegally withholding the Brayton Point generating station from the last two FCAs to boost prices paid to other assets. (See FERC Accepts ISO-NE Capacity Auction Results.)

“The June 18 order errs by failing to place the burden of proving just and reasonableness and compliance with the Tariff with respect to the FCA 9 results on ISO-NE, as required by Federal Power Act … and the ISO-NE Tariff, and by failing to expressly find that ISO-NE failed to meet that burden in reaching its finding approving the FCA 9 results, and particularly by failing to require the submission of substantial evidence affirmatively demonstrating that the attempted withdrawal or ‘retirement’ of Brayton Point by its owner announced in early 2014 was economic, and therefore in conformity with the ISO-NE Tariff provisions,” the filing says.

— William Opalka