FERC last week reiterated its 2015 order rejecting New Jersey Energy Associates’ request for recovery of costs incurred during the polar vortex of January 2014.
NJEA, which owns the 290-MW South River combined cycle plant, said it was forced to sell natural gas at a loss of $1.3 million after PJM repeatedly canceled the plant’s scheduled start time.
FERC denied the company’s request for a waiver that would have allowed PJM to reimburse it, citing rules against retroactive ratemaking (ER15-952). (See FERC Again Denies Polar Vortex Make-Whole Payments.)
In its ruling Thursday, FERC said that NJEA’s request for clarification and rehearing was asking the commission for the first time to interpret the phrase “actual costs incurred.”
“NJEA’s request is beyond the scope of its original waiver request and [is] inappropriately raised for the first time in a request for clarification and rehearing of the Sept. 4 order,” it said.
– Suzanne Herel