FERC on Thursday accepted NYISO’s proposal to implement its revised buyer-side market power mitigation (BSM) rules for the current class year, but it ordered an additional filing by Aug. 1 to establish a specific effective date (ER20-1718-003).

The commission approved NYISO’s revisions, which allow the ISO to evaluate projects being driven by New York state public policy first, in February and ordered a compliance filing proposing an effective date for the changes, but one that was no later than the next class year.

NYISO did so in March, proposing that the revisions take effect immediately following the completion of class year 2021 that same month. (See NYISO Files BSM Compliance, Extension Request.)

FERC said that was fine, but that the ISO still needs to specify a date and include conforming tariff revisions based on that date.

Commissioner James Danly dissented, calling the brief letter to NYISO “yet another unlawful order that should never have [been] issued.”

“There is no material, legitimate basis to justify NYISO’s discriminatory treatment prioritizing the evaluation of public policy resources before non-public policy resources, independent of any other consideration, including cost,” Danly said.