FERC has again denied a rehearing request by Public Citizen over the results of ISO-NE’s eighth Forward Capacity Auction (EL14-99, ER15-117).

The consumer group had challenged a previous order that accepted the results for the 2017/18 capacity commitment period, arguing that capacity from the Brayton Point facility in Massachusetts had been withheld to drive up prices. In accepting the results of the February 2014 auction and dismissing the Public Citizen challenge last December, FERC opened a section 206 proceeding on the appropriate treatment of imports and establishing review and mitigation procedures for import capacity. (See FERC OKs Tightened ISO-NE Screening on Capacity Imports.)

FERC said in its Oct. 28 order that Public Citizen inappropriately tried to expand the import capacity proceeding with an unrelated matter. “The commission previously stated that there was no evidence that the owners of Brayton Point engaged in any inappropriate behavior in FCA 8, and Public Citizen has provided no argument or evidence that causes us to reconsider this finding,” it wrote.

The commission accepted Tariff revisions filed by the RTO intended to address FERC’s concern that future auctions with small surpluses might not protect customers against the exercise of market power by import resources.

— William Opalka