FERC Denies NTE’s Last-ditch Effort on Killingly
Environmental activists protest Connecticut's approval of the Killingly Energy Center in 2019. 
Environmental activists protest Connecticut's approval of the Killingly Energy Center in 2019.  | © RTO Insider LLC
FERC denied NTE's request for a stay of its order approving ISO-NE's termination of the capacity supply obligation for the company's Killingly plant.

FERC on Friday turned down NTE Energy’s last-ditch attempt to hang on to its capacity supply obligation for the Killingly Energy Center, which was terminated by ISO-NE in November (ER22-355-001).

The commission had accepted that ruling by the RTO earlier in January, agreeing that the development of the Connecticut plant is not on track to meet critical milestones by 2024 and fulfill its obligations under the CSO obtained in Forward Capacity Auction 13. (See FERC Accepts ISO-NE Request to Terminate Killingly CSO.)

NTE’s latest move had been to file a motion requesting that the order be stayed, asking for 120 days to show that it can complete the project in a timely manner and an expedited ruling so that it could still take part in next week’s FCA 16.

But FERC again sided with ISO-NE over the developer, writing in its order that NTE has not met the standard of proving that being removed from the capacity market would cause “irreparable harm.”

“NTE’s speculation on these matters falls far short of the substantiation needed to show irreparable harm absent a stay,” the commission wrote.

The New England Power Generators Association had joined ISO-NE in asking FERC to deny the stay, writing that allowing Killingly to take part in FCA 16 as a “phantom” resource unlikely to enter commercial operation would cause significant harm to other capacity resources participating in the auction.

Capacity MarketISO-NE

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