Hecate Energy lost a court appeal to have FERC review its petition that NYISO had charged it an unreasonable rate for upgrade costs to connect a solar power plant near the New York state capitol to the grid (21-1192).

A majority of a three-judge panel of the D.C. Circuit Court of Appeals on Friday ruled against the renewable energy developer and disagreed with its argument that NYISO’s filed tariff with FERC was not detailed enough.

Hecate said it was surprised when NYISO charged it $10 million to interconnect a proposed solar facility in New York and initially challenged the decision with FERC after it was unwilling to pay for these upgrades.

FERC rejected Hecate’s argument that it was not given enough notice that six non-jurisdictional projects could be included in NYISO’s final bill for interconnection. FERC later affirmed its decision, denying Hecate’s rehearing request.

In response, Hecate filed two petitions for review with the court. The first was filed after FERC did not act on Hecate’s petition for a rehearing and the second was filed after FERC did address the request.

The court sided with FERC, however, finding NYISO’s tariff detailed enough and that it gives fair notice that non-jurisdictional projects could be included in interconnection studies.

The court also noted that Hecate’s contention that “FERC’s reading of the tariff cannot be squared with other tariff provisions” is lost since the generator did not make the argument to FERC on rehearing.

Hecate can raise its argument on appeal if it has “reasonable ground[s],” the opinion added.

Circuit Judge Justin Walker’s opinion included a quirky footnote for curious readers noting that Hecate is pronounced as “HEK-a-tee” like the Greek goddess of magic, not “HEK-ut,” like the ruler of the witches in Shakespeare’s “Macbeth.”