By William Opalka
FERC on Thursday rejected rehearing requests by a generator and a utility workers union on its order accepting the results of ISO-NE’s 10th Forward Capacity Auction (ER16-1041-001).
Dominion Resources challenged the auction results over ISO-NE’s exclusion of a capacity increase at its Providence, R.I., generating plant. The commission had rejected the company’s complaint in a parallel proceeding Oct. 20. “Dominion’s instant rehearing request does not raise any issues that are new to this proceeding or that were not already addressed in the order denying rehearing,” FERC wrote. (See FERC Again Rejects Dominion Bid for ISO-NE Auction Resettlement.)
The Utility Workers Union of America said the auction should be voided because the slated-for-closure Brayton Point station, whose workers it represents, has been withheld from the past three FCAs. FERC has repeatedly dismissed those complaints. (See FERC Again Rebuffs Brayton Point Union.)
Rehearing Denied on Gas Pipeline Subsidies
Separately, the commission denied a rehearing request by Algonquin Gas Transmission over ratepayer subsidies for the same reason it rejected complaints by Public Service Enterprise Group and NextEra Energy (EL16-93-001).
PSEG and NextEra alleged that the New England states’ effort to expand natural gas capacity with electric ratepayer subsidies was an attempt to suppress power prices. FERC dismissed that complaint on procedural grounds in August, saying the companies’ concerns were “speculative and unsupported.” (See “Access Northeast Complaint Dismissed,” FERC Rejects Capacity Release Exemption for NE Gas Generators.)
Algonquin sought rehearing so the commission would dismiss that case on the merits, saying the procedural dismissal left open the possibility that NextEra and PSEG could “continue their troubling delay tactics.”
FERC demurred, saying the Federal Power Act allows rehearing only for those “aggrieved” by a commission order. “Here, the Aug. 31 order dismissed the complaint, which was the end result advocated by Algonquin,” FERC said.
“The commission is not obligated to reach the merits of a case when it can be decided on procedural grounds. Administrative economy concerns are particularly acute where, as here, the facts are in flux and the record before the commission may be incomplete.”