EEI Panel: Public-private Trust Key to Cyber Survival

Trust and collaboration between the private and public sectors is more important than ever for guarding against cyberattacks on U.S. critical infrastructure, according to participants in Edison Electric Institute’s 2020 Virtual Leadership Summit.

Southern Co. CEO Tom Fanning, who participated in the government-sponsored Cyberspace Solarium Commission last year and moderated a panel Wednesday on its findings (See Solarium Team Urges Long-term Cybersecurity Focus.), observed that while the U.S. is “effectively at war in cyberspace,” mustering the necessary defense is challenging because the conflict is almost invisible to the average citizen.

“It’s almost like going to a beach and watching a submarine war,” Fanning said. “You really can’t see anything until something cataclysmic happens, and yet we know that the threat is ongoing and lethal.”

King: Cyberattacks Cheap, Low-risk

Also on the panel was Sen. Angus King (I-Maine), who served on the commission with Fanning. King predicted that cybersecurity is likely to remain a pressing issue because it represents a “cheap way to attack.” He speculated that Russia’s government could hire 800 hackers for the cost of one jet fighter.

Cyberattacks are cheap in an additional sense because foreign adversaries have not had to feel that “there’s some cost they’re going to have to bear if they attack us.” Another complicating factor is the asymmetric nature of the threat, with King echoing previous complaints by Fanning that utilities “don’t have the authority to go and punch North Korea on the nose.” (See NERC Planning Level 2 Supply Chain Alert.)

“This problem is not strictly a governmental problem; 85% of the cyber target space is in the private sector,” King said. “And so really, deepening the relationship between the federal government, which has some extraordinary capabilities, and the private sector is a huge opportunity and something that we really have to work on.”

EEI cybersecurity
Southern Co. CEO Tom Fanning (left) and Sen. Angus King (I-Maine) | EEI

King admitted that establishing the necessary trust between the public and private sectors will take consistent effort, particularly in the realm of information-sharing, where both sides have been historically reluctant to share information because of concerns for privacy on the part of industry and national security for the government. The senator insisted that this state of affairs has to change for the good of all.

“We’ve got to get over this [viewpoint] that the U.S. government … owns the information and doles it out reluctantly. I’m on a mission to make them think more broadly about who their customers are,” King said. “By the same token, [utilities] have to think of them as a resource [and] share the information that you have. … If Southern Co.’s getting attacked, and you tell [the government] that this is going on, they can then warn the other major utilities around the country.”

CISA Lauds Utilities for Collaboration

In a separate panel, Christopher Krebs — director of the U.S. Cybersecurity and Infrastructure Security Agency (CISA) — offered an upbeat assessment of the level of collaboration between public and private entities. Krebs held up his agency as a friendly middle ground where the intelligence community and utilities have come together to find a common purpose, leading each to redefine their roles in a manner that makes sense for a changing world.

EEI cybersecurity
CISA Director Christopher Krebs | EEI

“What we’ve been doing for the last couple of years [is] getting away from this almost monolithic approach to critical infrastructure, where you have a sector that’s defined by the companies,” Krebs said, referring to CISA’s National Critical Functions framework released in 2019. “Instead, we’re taking an approach where the critical infrastructure community is defined by the services and functions it provides.”

Krebs praised the electric industry in particular for setting a powerful example of public-private collaboration, citing the participation of utility CEOs — including Fanning — for their willingness to work with their peers and the federal government on solutions in both emergency situations and long-term planning. However, he warned that this is just the starting point, with “lesser-resourced organizations” in particular needing more help to ensure that the broader community is prepared for any threat.

“I really can’t think of a sector where we get this kind of CEO-level engagement and participation,” Krebs said. “Time is money, and to get this kind of CEO participation on operational activities, I can’t tell you that there’s another sector that engages at that level … [but] no organization, no sector is going to be able to stand on your own against a dedicated adversary with a nation-state capability. So we’ve all got to work together.”

McNamee Leaves FERC

FERC Commissioner Bernard McNamee bid farewell to the commission last week after a 21-month term during which the panel’s bipartisan traditions were tested as perhaps never before.

McNamee, a Republican whose term as replacement for former Commissioner Robert Powelson expired on June 30, announced in January that he would not seek a second term but agreed to remain on the commission pending his replacement. His last day was Friday.

President Trump announced McNamee’s replacement, Virginia State Corporation Commission Chair Mark Christie, in July. McNamee’s departure reduces the panel to three members pending the confirmation of Christie, a Republican, and clean energy activist Allison Clements, a Democrat. Clements would fill the seat left vacant by Cheryl LaFleur, who departed in August 2019. (See Trump to Nominate Christie, Clements to FERC.)

McNamee FERC
FERC Commissioner Bernard McNamee gives his opening remarks at his first open meeting in December 2018. | © RTO Insider

McNamee, a former aide to Sen. Ted Cruz (R-Texas), was serving as executive director of the Energy Department’s Office of Policy when he was tapped by Trump.

He was barely confirmed, 50-49, on a party-line vote. Democrats’ opposition to McNamee stemmed in part from his role in drafting DOE’s Notice of Proposed Rulemaking seeking subsidies for endangered coal and nuclear generators.

He also worked briefly as the director of the Texas Public Policy Foundation’s Center for Tenth Amendment Action, a group that files legal challenges over what it views as federal government overreach. It was in this role that McNamee promoted the center’s Life: Powered initiative — described as a project to “reframe the national discussion” about fossil fuels.

McNamee described the effort as “the key not only to our prosperity [and] quality of life, but also to a clean environment” and attacked environmental groups, describing their activism against fossil fuels as a “constant battle between liberty and tyranny.”

McNamee did not use such polarizing language after joining the commission. But he joined his fellow Republicans — Chairman Neil Chatterjee and since March, James Danly — in repeatedly vexing Commissioner Richard Glick, the lone Democrat since LaFleur’s departure.

While LaFleur had joined with the Republican commissioners in approving multiple natural gas pipelines and LNG export facilities, Glick has opposed them, contending the commission is violating the law by not considering the impacts of greenhouse gas emissions from the projects. Glick and the Republicans also clashed over commission orders that frustrated state emission-reduction policies. (See related story, FERC Rejects NYISO Bid to Aid Public Policy Resources.)

McNamee FERC
From back to front: FERC Commissioners Neil Chatterjee, Cheryl LaFleur, Richard Glick and Bernard McNamee sit before the House Energy & Commerce Committee’s Subcommittee on Energy. | © RTO Insider

McNamee reflected on his term on the commission in a FERC Open Access podcast recorded shortly before his departure.

He said he was surprised by the volume of orders the commission issued — 941 in 2019 and more than 700 through August 2020. “For every party that comes before the commission, their issue is the most important. And I try to approach each case that comes before us with that in mind.”

He said he was particularly proud of the commission’s updates of its rules on return on equity and the Public Utility Regulatory Policies Act and its approval of 14 LNG export facilities.

“Before I got to the commission, for two years, no LNG export facility had been approved. After I got here, I dug into the law and the facts and was able to work with Commissioner LaFleur and the chairman, and we came up with a compromise,” he said. “And I think that’s something [that] is very good for the American people. With the abundance of natural gas that we have, being able to build those facilities ultimately will result in billions of dollars of investment [and] thousands of new jobs, and it will also give new policy tools to American elected officials in dealing with other countries because of the ability to use American energy in order to help influence events and support our allies and friends.”

The commissioner, who has been commuting weekly to D.C. from his home near Richmond, Va., had said he was eager to spend more time with his wife and teenage son. McNamee said he plans to take some time off before looking for his next job. “I expect that I’ll continue to work on energy issues from both legal and policy perspectives,” he said.

PJM Operating Committee Briefs: Sept. 3, 2020

PJM’s Mike Zhang on Thursday provided the Operating Committee with an update on the planned rollout of the intelligent reserve deployment (IRD), a security-constrained economic dispatch (SCED) case simulating the loss of the largest generation resource. Approval of the case would trigger a spin event either in the Mid-Atlantic Dominion zone or throughout the RTO, Zhang told the committee.

The IRD will function mostly as a normal SCED case, Zhang said, with an economic dispatch based on all the same real-time inputs that the existing cases get, including constraints and load. But because it’s deploying units for a spin event, Zhang said some aspects of the case will be done differently.

The case will add the megawatts of the largest contingency to the load forecast at the zonal level to simulate the unit loss, Zhang said, and will also be able to deploy condensers and other inflexible Tier 2 resources cleared for energy. Finally, the IRD procures additional resources to meet the new largest contingency.

Zhang said the IRD will be available to PJM dispatchers with no lag time waiting on a case to solve. He said it will more accurately price the deployment of reserves in a spin event because currently, the prices at the time of the event don’t align with what is actually happening operationally on the grid.

PJM
| PJM

Because SCED is being used, Zhang said, dispatchers can accurately deploy reserves and not create other operational issues. He said enough reserves generally exist at the beginning of a spin event, so PJM wants to make sure the reserves are deployed accurately without calling on excess reserves.

The RTO is looking to implement the IRD in late September or October for dispatchers.

Several stakeholders asked for more discussion on the issue at future OC meetings.

Independent Market Monitor Joe Bowring presented questions for PJM to consider when addressing the issue in future meetings. He asked if the loss of the largest generation unit in a zone is the actual trigger for any spin event and whether PJM should determine whether a targeted amount of spinning reserves in specific locations should be called when there is a spin event rather than an “all call” of all spinning reserves in every case, which might prompt excess reserves to be deployed. He said when looking at the causes of spin events, the loss of the largest unit in a specific zone is rarely the trigger for the event.

Bulk Power System Executive Order

Craig Glazer, PJM’s vice president of federal government policy, provided an update on the Department of Energy’s efforts to implement President Trump’s Executive Order 13920 to remove grid equipment connected to “foreign adversaries,” such as China. The presentation included a summary of the ISO/RTO Council’s response to DOE’s request for information on the bulk power system.

PJM
Craig Glazer, PJM | © RTO Insider

The May 1 order declared a national emergency regarding foreign threats to the BPS and imposed restrictions on the purchase of equipment from suppliers suspected of connections with foreign adversaries. (See Trump Declares BPS Supply Chain Emergency.)

Glazer called it a “pretty sweeping order” impacting both existing equipment and future equipment installation. He said it’s already difficult to find computer hardware and software that doesn’t have some component with connections to China.

“There’s a lot of industry concern about this because of its sweeping nature,” Glazer said.

The DOE rules regarding the executive order are due to be completed by Oct. 1. The department issued a request for information July 8 to solicit input from industry and the public on the order.

Glazer said the IRC recently filed comments with DOE, indicating that it believed the order’s language was too broad and that the scope of the problem needs to be better defined and narrowed. The council also requested that the department conduct a risk assessment to determine the impact on the grid of removing foreign components and the difficulty of replacing them.

“This is actually a big deal but has somewhat flown under the radar screen,” Glazer said.

PJM Aug. 3 Technical Issues Update

Sean McNamara of PJM discussed technical issues that temporarily caused several of the RTO’s market applications, tools, website and external email to be inaccessible for as much as a week last month.

McNamara said PJM and a vendor-initiated system updates after business hours on Aug. 3. Following the updates, the RTO’s services were unexpectedly affected and taken offline.

PJM personnel and the vendor immediately began working to resolve the technical issues, McNamara said, including performing overnight tasks.

McNamara said external email was restored by Aug. 5. While it was unavailable, he said, stakeholders were still able to communicate with PJM through the member relations help line and the information technology operations center.

Most market applications and tools were restored and available by Aug. 7, McNamara said, and the remaining tools were restored and fully functional by Aug. 10.

McNamara said the reliability of the grid was unaffected by the problems. PJM’s markets were restored quickly and have been available and running without interruption since the Aug. 3 incident.

PJM conducts regular drills for events similar to the system maintenance issue, McNamara said, which prepares the RTO to respond quickly to unforeseen problems. The RTO is currently examining what triggered the event and will implement corrective action to avoid the possibility of a reoccurrence during system maintenance work in the future.

Manual First Reads

Two first reads of PJM manual changes were presented at the OC.

Darrell Frogg of PJM reviewed updates to Manual 14D: Generator Operational Requirements as part of the periodic review. The updates include clarifying, administrative and substantive changes to the manual.

Frogg said the substantive change relates to section 7.5.1, the cold weather operational exercise, which will no longer be administered by PJM and instead be handled by the generation owners. The RTO is recommending that generation owners self-schedule testing of resources that have not operated in eight weeks leading up to Dec. 1.

Vince Stefanowicz of PJM reviewed updates to Manual 10: Pre-Scheduling Operations for the periodic review. The changes include several clarifying changes but nothing substantive, he said.

The OC will be asked to endorse the manual changes at the October meeting.

Study: Calif. Must Build Renewables at Record Rate

California must build generating resources at an unprecedented pace to reach its goal of supplying 100% renewable and zero-carbon energy to retail customers by 2045, according to the draft results of a study released last week.

Senate Bill 100, signed by Gov. Jerry Brown in 2018, established the landmark clean-energy mandate and required the California Energy Commission (CEC), Public Utilities Commission and Air Resources Board to report to the State Legislature by Jan. 1, 2021, on factors such as technologies, transmission and reliability.

A joint agency workshop Wednesday focused on draft modeling results developed by CEC staff and consultants from Energy and Environmental Economics. Key takeaways from the modeling included a finding that “sustained record-setting build rates will be required to meet SB 100,” said Liz Gill, an electric generation system specialist with the CEC, who presented the draft results.

Over the past 10 years in California, developers built an average of 1 GW of solar generation and 330 MW of wind generation each year, Gill said. Battery storage had a negligible yearly “build rate” over the same period, though about 1,000 MW is now installed, she said.

California renewables

California needs an additional 70 GW of utility-scale solar to reach its clean-energy mandate. | U.S. Department of the Interior

Reaching SB 100’s goals by 2045 requires roughly tripling the construction of wind and solar generation and dramatically increasing battery capacity, Gill said. The modelers estimate the state needs an annual build rate of 2.7 GW of solar, 2.2 GW of storage and 1 GW of wind each year over the next 25 years, she said.

However, the build rate will probably gradually increase through 2030, with the state “playing catchup” and building resources at a much faster clip from 2030 to 2045, she said. (The state is required to hit a 60% renewable portfolio standard by 2030.)

Under a “high electrification” scenario, with consumers switching from gas to electric appliances, the state must add 180 GW of new capacity, including 70 GW of utility-scale solar and 50 GW of storage to reach SB 100’s goals, Gill said. The land required for so much wind and solar is substantial. Solar projects alone could occupy nearly 500,000 acres, Gill said.

The study assumes utility customers will install 39 GW of rooftop and on-site solar by 2045. Wind, including new sources of out-of-state wind and offshore wind in California, will make up the additional 20 GW, the analysts forecasted.

NEPOOL Participants Committee Briefs: Sept. 3, 2020

The New England Power Pool Participants Committee on Thursday approved a change to how ISO-NE accounts for energy efficiency in its gross load forecast reconstitution methodology.

The RTO said the change is needed to ensure gross load forecasts reflect the amount of EE that will clear in the Forward Capacity Auction and avoid counting EE resources with capacity supply obligations (CSOs) as both supply and demand. In the last several capacity auctions, it says, it has cleared less EE than was reconstituted.

The change, which was approved by the Reliability Committee in July, would set the quantity of load reconstitution based on a trend line reflecting historical measures of EE CSOs compared to the level of installed EE. (See “Wholesale Market Consequences of Gross Load Reconstitution Proposal,” NEPOOL Markets Committee Briefs: Aug. 11-13, 2020.)

The change received a 68% sector-weighted vote of the PC, with unanimous support from the Transmission, Publicly Owned Entity and End User sectors. The change also was supported by about 55% of the Supplier sector, but only one-third of the Alternative Resources sector and only 20% of the Generation sector.

The PC had deferred action on the proposal in August following objections by the New England Power Generators Association (NEPGA), which contended that limiting reconstitution to the trend line based on the forecast could result in EE megawatts clearing in the FCA exceeding the level of forecast EE megawatts reconstituted for that auction.

NEPOOL
ISO-NE’s proposed change would set the quantity of energy efficiency load reconstitution based on a trend line reflecting historical measures of EE capacity supply obligations compared to the level of installed EE. | ISO-NE

The generators said capacity market prices could be suppressed if EE and other passive demand resources (PDRs) begin to clear more CSOs than reconstituted on the demand side.

NEPGA asked ISO-NE to not qualify EE as capacity supply above the level of EE reflected in the reconstituted peak load forecast, or add a constraint to prevent EE from clearing beyond the level reflected in the peak load forecast.

The RTO declined to endorse NEPGA’s proposal.

“The objective of the proposed PDR reconstitution methodology is to produce a reasonably accurate forecast of future PDR CSOs that will be correct on average, over time,” Robert Ethier, vice president of system planning, wrote in an Aug. 27 memo. “The ISO believes its proposal achieves that objective. The ISO will continue to observe the clearing of PDRs in the FCM [Forward Capacity Market] and, if it becomes apparent that modifications to the participation of PDRs in the FCM are necessary, then the ISO will return to the stakeholder process.”

The RTO hopes to implement the rule change for FCA 16.

‘Challenging’ August

ISO-NE Chief Operating Officer Vamsi Chadalavada briefed the committee on what he called a “challenging” August for RTO operations, a month that included Tropical Storm Isaias, which clobbered Connecticut and Western Massachusetts on Aug. 4, leaving 1.2 million customers without power following 32 transmission outages.

[Note: Although NEPOOL rules prohibit quoting speakers at meetings, Chadalavada approved his remarks afterward to clarify his presentation.]

ISO-NE declared an M/LCC 2 abnormal conditions alert at 3:40 p.m. on Aug. 4, which continued until 9 p.m. on Aug. 10. Scheduled generation and transmission outages were postponed where possible, and 1,200 MW of capacity was locked in Connecticut because of line outages.

Load fell well below forecasts after Tropical Storm Isaias clobbered Connecticut and Western Massachusetts on Aug. 4, leaving 1.2 million customers without power. | ISO-NE

The RTO also saw loads 1,000 to 2,000 MW above forecast during hot weather on Aug. 1, 9 and 10, requiring it to commit fast-start resources to maintain its operating reserves, Chadalavada said.

Aug. 9 presented an additional challenge because of an unplanned transmission outage in the Northeast Massachusetts (NEMA)/Boston area, high loads, the scheduled outage of lines 3163 and 3164 into Boston and resources that normally clear in merit in the day-ahead market not doing so.

The RTO was able to maintain all reliability standards by committing some resources and backing off others in the NEMA/Boston zone, Chadalavada said.

Daily net commitment period compensation (NCPC) for August was $2.9 million, up $1.2 million from July and up $1.3 million from August 2019.

NEPOOL
Average day-ahead and real-time ISO-NE Hub prices and natural gas prices: Aug. 1-26, 2020 | ISO-NE

First contingency payments totaled $2 million, up $500,000 from July, including $1.9 million paid to internal resources and $112,000 paid to external resources. Dispatch lost opportunity cost was $158,000, and rapid response pricing opportunity cost was $297,000.

Chadalavada said operators were performing “a balancing act” in deciding not to recall the outage of lines 3163 and 3164, saying that delaying too many scheduled outages would push more maintenance work into the peak maintenance season in the fall.

ISO-NE Proposes 2.5% Budget Increase

ISO-NE is proposing a $178.6 million operating budget for 2021, a $4.4 million (2.5%) increase excluding FERC Order 1000 funding and before depreciation.

Including depreciation and FERC Order 1000 funding, the increase is $3.2 million (1.6%).

The budgets include no increase to the full-time-equivalent employee headcount of 587.

Robert Ludlow, the RTO’s chief financial and compliance officer, said in a memo that the increase included inflation adjustments to compensation costs; implementation of the Energy Security Improvements (ESI) initiative; work related to renewable resources and emerging technologies; and cybersecurity and NERC Critical Infrastructure Protection (CIP) compliance.

The 2021 operating budget does not include funding for FERC Order 1000 costs because the RTO expects to underspend its Order 1000 budget by about $600,000 in 2020. Most spending on the issue in 2021 will be for legal expenses for protests and other filings.

The committee approved a modification to the ISO-NE Tariff’s true-up provision to allow the RTO to carry such unspent “special purpose” funding over to 2021 rather than having to return it.

The capital budget — which will fund ESI, the nGEM market clearing engine, nGEM software development (part II), cybersecurity improvements and a redesign of the CIP electronic security perimeter — will be unchanged from 2020 at $28 million.

Ludlow noted concerns of state officials that the RTO would not have enough internal resources to support the Future of the Grid initiative and that freezing the FTE headcount could have a negative impact on the Markets Development and System Planning departments.

“We shared that there was too much uncertainty regarding work related to the ‘Future of the Grid/Markets’ discussions to build in budgeted dollars and, to the extent additional resources or analyses are necessary, they will be funded through the contingency,” Ludlow wrote.

The New England States Committee on Electricity (NESCOE) also presented its proposed $2.4 million budget for next year, a $7,200 increase over 2020 and $113,000 below the $2.5 million projected in its five-year pro forma budget.

NESCOE said the reduction reflected “continued rebalance” of technical and legal spending and reductions in travel and professional services costs.

The PC will vote on the budgets at its October meeting.

PJM Monitor Challenges MBRAs over Market Power

PJM’s Independent Market Monitor has opened another front in its bid to strengthen the RTO’s market power rules, filing challenges to the renewals of market-based rate authorizations (MBRAs) in 14 dockets.

The Monitor said the RTO’s current market power mitigation rules are insufficient to support the reauthorizations, reiterating arguments it made in its State of the Market reports for PJM and its February 2019 complaint alleging that the capacity market seller offer cap (MSOC) allows market power by some sellers (EL19-47).

Barring new rules, the Monitor said, FERC should require capacity market sellers to offer their resources at or below the “competitive capacity offer” — currently the avoidable-cost rate adjusted for expected Capacity Performance (CP) penalties and bonuses.

Energy market offers should be capped at or below the defined cost-based offer and required to submit operating parameters at least as flexible as the market’s defined unit-specific parameter limits, the Monitor said.

The Monitor filed protests Aug. 28 and 31 challenging triennial MBRA renewal requests by:

The Monitor noted that Order 861 allows intervenors to challenge MBRA applicants’ claims that they do not post horizontal market power concerns. “Analysis of PJM markets shows that all PJM sellers have the potential to have and exercise local market power at any time based on transmission constraints that may arise in the PJM market for a variety of reasons,” it wrote.

While PJM’s energy market results are “generally competitive,” the Monitor said, market power mitigation is often inadequate.

“Some sellers that fail the structural market power test — the three-pivotal-supplier test (TPS) — are able to set prices with a substantial markup over their cost-based offer,” it said. “Some sellers that fail the TPS test are able to operate, set prices and collect uplift payments with operating parameters that are less flexible than their defined parameter limits.”

No Action

FERC has not responded to the Monitor’s complaint over the MSOC, and there has been no substantive action in the docket since May 2019, when the IMM responded to PJM’s request to dismiss it.

PJM said the Monitor had failed to provide evidence that the cap — approved four years prior as part of the CP construct — and the results of Base Residual Auctions (BRAs) suddenly became unjust and unreasonable. (See PJM: Dismiss Monitor’s Offer Cap Complaint.)

PJM
PJM’s Independent Market Monitor contends ratepayers were overcharged by $2.7 billion (41.5%) in the 2018 Base Residual Auction because of economic withholding encouraged by an inflated market seller offer cap. | PJM

The RTO said the commission’s order approving CP “explained that the default MSOC is just and reasonable because it reflects the amount that a competitive resource would accept to be committed as a capacity resource.”

The Monitor contends that ratepayers were overcharged by $2.7 billion (41.5%) in the 2018 BRA because of economic withholding encouraged by an inflated MSOC. “The assertion that the system conditions have not ‘drastically changed’ since 2015 has no basis in fact and would surprise any objective observer of PJM markets,” it wrote in its answer. (See Monitor Defends Offer Cap Complaint.)

Montana Hybrid Ruling Departs from PURPA Precedent

FERC last week broke with precedent in a decision that will hamstring the ability of renewables-plus-storage developers to optimize the output of their projects while still qualifying for treatment under the Public Utility Regulatory Policies Act.

The commission’s lone Democrat, Richard Glick, sharply dissented from the Sept. 1 ruling, which found that the 210-MW Broadview Solar hybrid project in Yellowstone County, Mont., cannot be certified as a PURPA qualifying facility because it exceeds the 80-MW cap on power production capability specified in the 1978 law. The commission found the project exceeded the cap despite the 80-MW limitation on its interconnection with the NorthWestern Energy transmission system (QF17-454).

Montana has been an especially contentious front for PURPA disputes in the West, where utilities contend the law requires them to integrate large volumes of QF renewable resources at contracted rates far above market rates. Montana’s Supreme Court last month ruled that the state’s Public Service Commission had “arbitrarily and unlawfully” reduced solar generators’ payments and contract lengths under PURPA. (See Montana Supreme Court Rebuffs PSC on PURPA.)

Broadview, a subsidiary of Broad Reach Power, stepped into the PURPA fray last year when it revised its QF application to reflect a gross capacity of 160 MW (up from 104.25 MW in the original 2016 application) and include 50 MW of energy storage, while maintaining a net capacity of 80 MW.

FERC noted the company explained that while its planned solar array “is sized greater than 80 MW to increase the facility’s capacity factor, the aggregate capacity of the solar array and battery storage system cannot exceed 80 MW net capacity due to” limitations on the project’s DC-to-AC inverters. Broadview said the increased power is not in a form to be transmitted to the grid without additional inverters.

The company contended that FERC’s finding in 1981’s Occidental Geothermal, Inc. that “a facility’s power production capacity is not necessarily determined by the nominal rating of even a key component of the facility” backs up its claim that the solar facility falls within the 80-MW limit.

Broadview also pointed to FERC’s determination in Malacha Power Project, Inc., a 1987 ruling that said that “the electric power production capacity of the facility is the capacity that the electric power production equipment delivers to the point of interconnection with the purchasing utility’s transmission system.”

Montana PURPA
| © RTO Insider

NorthWestern contested Broadview’s application, arguing that facility is not a single QF, putting it outside PURPA’s 80-MW capacity limit. It said the solar array and battery storage system are two distinct power production facilities at the same site because the 160-MW solar array exceeds the 80-MW net capacity limit and the battery qualifies separately as a small power QF.

The utility questioned Broadview’s interpretation of Occidental, contending that a facility’s individual components represent the most relevant calculation of its net capacity and that Occidental had actually determined that a facility could qualify as a QF only if it has the potential to produce more than 80 MW for limited periods because of circumstances outside the facility’s control.

The Edison Electric Institute argued that FERC should not allow generation operators to “artificially limit” the output from their facilities at a single location to stay within the 80-MW limit.

“With the growth of new technologies, such as batteries, and the increased sophistication of resources, EEI asks the commission to reconsider whether it is still appropriate to measure QF power production capacity based on net capacity as established in Occidental, rather than the rated capacity test that EEI asserts was initially intended by Congress,” FERC noted.

Occidental Reversal

FERC’s decision aligned with the complaints made by NorthWestern and EEI. While the commission acknowledged that its 40-year-old Occidental decision specified that a facility’s “send out” capability — and not the size of the project’s individual components — was the determining factor for PURPA eligibility, it now finds “there is a significant difference between (i) design capabilities that may incidentally or occasionally cross PURPA’s 80-MW threshold due to certain components or variances, such as fuel or ambient temperature, and (ii) a facility purposefully designed with a 160-MW solar array.”

“Broadview’s proposal represents a significant departure from any project that the commission has previously considered under a QF application,” FERC wrote. “That such a project arguably could satisfy the ‘send out’ analysis the commission applied in Occidental compels us to reconsider whether it is a facility’s ‘send out’ that is determinative of whether the facility complies with the 80-MW threshold established in PURPA.”

Based on that reconsideration, the commission determined that the Occidental finding that the maximum net output of the facility (or send-out) represents the facility’s power production capacity is inconsistent with the 80-MW power production capacity limit specified by PURPA and regulations.

“Re-examining Occidental and the potential such an analysis creates for the approval of projects that do not comply with the plain language of PURPA, we conclude that we have improperly focused on ‘output’ and ‘send out,’ instead of on ‘power production capacity,’ which is the standard established both in the statute and our regulations,” the commission wrote.

‘Preferred Outcome’

In his dissent, Commissioner Glick said that any “fair reading” of the PURPA statute and commission precedent would put Broadview’s power production capacity at 80 MW and make it eligible for QF status.

“The commission’s contrary determination will make QF status turn on the capacity of any one component of the facility, rather than the actual power production capacity of the facility itself. That conclusion finds no support in the statute, our precedent or common sense,” Glick wrote.

Glick agreed with Broadview that increasing the project’s power production capacity worked to improve its capacity factor, “meaning that the facility will, all else equal, generate a higher fraction of its total 80-MW capacity than it would with a smaller array … a result I would have thought the commission would be eager to encourage.”

He further called out the commission for a “break from precedent” that reaches “its preferred outcome.”

“On a broader level, I cannot help but express my concern that so casually upending settled precedent creates unnecessary uncertainty, making it hard for developers to know which precedents they can count on and which they cannot,” he said.

CEC Explores Building Design Role in Decarbonization

Smart building design can play a central role in California’s drive to decarbonize its electricity system, but the massive stock of existing structures cannot be left out of the effort.

That was a key takeaway from a panel discussion Wednesday, part of the California Energy Commission’s two-day forum on “Reimagining Buildings for a Carbon Neutral Future.”

CEC Decarbonization

Andrew McAllister, CEC | California Energy Commission

“Decarbonizing our built environment is an opportunity to improve the relationship that our buildings have to the grid,” said Commissioner Andrew McAllister, the panel moderator.

But McAllister said he needed to “dispatch” one timely topic before kicking off the panel: “Our decarbonization goals were not the underlying reasons for” the rolling blackouts that shut power to millions of Californians during a mid-August heat wave. (See CAISO Provides More Details on Blackouts.)

Instead, the supply shortages prompting the Aug. 14-15 blackouts were caused by “momentary issues regarding weather” and California’s inability to import power from other Western states suffering under the same record-setting heat, McAllister said. (See Theories Abound over California Blackouts Cause.)

“It was really the reserve capacity that was not available when it was expected to be there,” he said. “The system actually mobilized new resources” during the system emergency.

McAllister’s defense of California’s ambitious environmental goals provided a transition into the theme of the panel: “Our buildings can be a decarbonization resource for the grid,” he said.

Buildings can be modified to “help in an aggregated way” to support grid reliability through load flexibility, demand response and use of distributed energy resources, McAllister said. He cited the example of OhmConnect, a DR provider that works with residential customers of Pacific Gas and Electric and Southern California Edison that helped stave off additional blackouts over Aug. 17-18 by calling on 250 MW of aggregated energy reductions.

“They have relationships with individual residential customers, and it’s a bidirectional, callable, fairly predictable resource at this point,” he said.

“How our buildings actually consume energy and how they behave is a topic of our time, and we will be in the coming months and years getting deep into that and developing resources to help that happen at scale,” McAllister said.

New and Old

New construction tends to dominate discussions around green building. McAllister asked his panelists to consider how existing buildings will represent the majority of structures needing decarbonization by midcentury, which in California will mean the electrification of appliances that still largely run on natural gas, such as furnaces, water heaters and stoves.

“Not that fully decarbonizing new construction is easy, but I think that it’s a different challenge and probably has fewer facets to it than our existing buildings,” he said.

McAllister pointed to one of those facets: that California’s most diverse populations live in existing housing stock, inserting a social and racial equity angle into the policy of decarbonizing housing.

CEC Decarbonization

Heather Rosenberg, Arup | California Energy Commission

“Certainly, anything that’s new should be held to the highest standard,” said Heather Rosenberg, an associate principal at sustainability consultant Arup. “That said, the places where there is most significant need is in existing buildings … particularly buildings in low-income communities and affordable housing.”

Rosenberg pointed to the difficulty of addressing decarbonizing homes in areas with low-income housing that have long suffered from “chronic” disinvestment.

“As we think about that and as we think about our communities, there is an opportunity to bring investment in and make sure that it’s done for the people who are in those communities without triggering further displacement and further degradation in places that really are requiring investment,” Rosenberg said.

“Some of our biggest projects that have pursued certification and used our platforms are renovation projects,” said Shawn Hesse, director of business development at the International Living Future Institute, which certifies structures that meet green standards.

“The question we pose all the time is [that] we’re not interested in something that’s a little less bad; we want to know what’s good,” Hesse said. “What does good look like? And you can ask that question for renovation projects as well.”

“I think we’re uniquely positioned here in California to have greater influence and impact on decarbonization, whether it’s existing or new buildings,” said Miranda Gardiner, senior vice president with design firm HKS. “We have Silicon Valley; we have so many higher [education] institutions — the [University of California] campuses that marry their new and existing construction with their master plans.”

CEC Decarbonization

Miranda Gardiner, HKS | California Energy Commission

Gardiner said she appreciates working with clients such as universities and health care providers because “they’re not into this kind of fast-fashion approach that some of our developer clients are, and they know their buildings are going to be operational/functional [and] they’re going to have occupants in them for the next 50 years, and they’re thinking about it long-term.”

“And when they look at their existing stock, [they ask the question], ‘How do I bring that up to speed with the new buildings?’” she said.

McAllister asked the panel how the building industry can attract financing for decarbonized buildings and appeal to investors that recognize the value of “co-benefits” from greater building efficiencies. Those benefits can include lower expenses, better indoor air quality and the livability improvements from an overall higher standard of design.

Rosenberg said Arup is currently working with a major nonprofit developer of affordable housing to create metrics for co-benefits in a way that could drive investment from socially conscious investors.

“And then you have to think about how to bundle projects, because at the individual project level, it’s not enough to attract investment. You need a bunch of them, and then what’s the [return on investment]?” she said.

“We aren’t missing the technology. We aren’t missing the recognition of the climate imperative,” Hesse said. “What we’re missing is the ability to align the financing with these projects to actually turn them into reality.”

Rosenberg said the economic signals for decarbonization will not be strong enough until there’s a “real” price on carbon, which will likely require a “regulatory push.”

None of the panelists could answer McAllister’s question about what carbon price would actually “flip the switch” and bring investment into building decarbonization.

“We really need to … unpack that,” McAllister said.

Decentralized Resilience

Decarbonization is currently seen as “mitigation strategy” for climate change, but it can move beyond that role to reshape the relationship between the built environment and the electricity grid, Rosenberg said.

“It also can become, if we design it right, an adaptation strategy where we are reducing our dependence on a completely centralized and fairly rigid grid and bringing diversity, flexibility, durability [and] redundancy into our energy system in some new and creative ways. But it only works if you design it that way,” Rosenberg said.

The California utility policy of public safety power shutoffs (PSPS) to avoid sparking wildfires “has changed the way that people think about power reliability,” she said. PSPS is driving interest in microgrids by businesses such as airports, hospitals and data centers, for whom the momentary switching to backup power is too disruptive.

While those organizations previously couldn’t justify the cost of a microgrid based on the benefits of having flexible load or providing DR, the value of having “constant power” now makes the idea “pencil” out — “and that’s been a really big shift in the state,” Rosenberg said.

Shawn Hesse, International Living Future Institute | California Energy Commission

Hesse echoed the theme of reducing dependence on a centralized grid, offering a different take on the notion of resilience.

“As great as new technology is, and the ability to do instantaneous demand shifting, there are some pretty basic things that allow us to design projects to need less energy in the first place,” Hesse said.

He recounted a story about a project team from his company meeting in a “living” — or sustainably designed — building when the grid went down.

“No one noticed,” he said, because the building was designed based on passive energy principles, being primarily lit by daylight and having a natural ventilation system.

“When it does need those active systems, those systems are powered through on-site renewables,” Hesse said.

“Designing out the reliance on those kinds of systems is kind of the primary resilience strategy that allows us to do so many things all at once,” he continued. “I don’t want to leave that out of the conversation — that there’s actually a huge role to play in terms of the design community, particularly, in really doing our own best practice and not relying so much on grid administrators.”

MISO Keeps Advisories in Effect a Week After Laura

MISO staff continue to keep advisories in effect and compile data on the MISO South emergency and subsequent rolling blackouts caused last week by Hurricane Laura.

The RTO said Laura was the strongest storm to hit Louisiana in 150 years.

“The southeastern Texas and southwestern Louisiana areas of the MISO footprint sustained substantial damage to the transmission facilities under MISO’s functional control, as well as to interconnected generation and distribution facilities, requiring careful and deliberate focus on maintaining system stability,” the RTO said.

MISO Advisories
Restoration worker handling new wires | Entergy

Laura’s path of destruction Aug. 27 caused MISO to direct Entergy to employ periodic power outages in the western half of the West of the Atchafalaya Basin (WOTAB) load pocket that spans the Texas-Louisiana border. (See MISO Enacts Rolling Blackouts in Laura Aftermath.)

MISO said that as a result of the widespread grid damage, the area’s constraint locations have temporarily changed. It said it is investigating the locations to include them in modeling.

“It is important that any unique restoration system conditions are captured correctly in MISO’s market models and the bids and offers they clear, to properly incentivize additional, economic generation as part of the restoration efforts,” MISO said.

The grid operator reported that $3,500/MWh value of lost load pricing was in effect for some of the WOTAB’s commercial nodes from 11:40 a.m. to 10:55 p.m. ET on Aug. 27.

MISO has put standing capacity and transmission advisories in place for the areas affected by the hurricane, warning members that generation and transmission capacity could become scarce as restoration work continues. It also canceled a monthly training drill on firm load shedding planned for Sept. 2 in MISO South because of an extended conservative operations declaration through Monday in some areas.

Chris Miller, FERC liaison to MISO, thanked MISO South members for their restoration efforts along the Gulf of Mexico and surrounding areas.

“I know it’s a big event. It’s an ongoing situation, and I want to give a hearty ‘thank you’ to everyone working to get power back to people,” Miller said during a Reliability Subcommittee meeting Thursday.

Entergy said the bulk of lingering outages lies in its Louisiana territory. The utility said that as of Thursday, it has restored 81% of the 616,000 power outages caused by Laura; however, it also said that more than 108,000 of the 271,000 Louisiana customers affected by Laura remain without electricity. The company said nearly all the 291,300 Texas customers affected by the hurricane would be restored by Friday.

MISO Advisories
Damaged transmission tower caused by Hurricane Laura | Entergy

Entergy said it is committed to a swift restoration but warned that customers in the city of Lake Charles and Cameron and Calcasieu parishes will “face weeks” without power.

“Our damage assessments indicate catastrophic damage to our electrical infrastructure. We expect the recovery to be as difficult and challenging as we have ever faced in the past,” Entergy said. “The damage from Hurricane Laura’s historic intensity caused catastrophic damage to the Entergy system across Louisiana and Texas. The eye wall, which brings the most damaging winds and intense rainfall, passed directly over Lake Charles, La., causing wide-spread damage to that area and our system.”

Entergy reported 219 out-of-service transmission lines, 292 damaged substations and sizable distribution system damage.

SPP CEO Barbara Sugg said before, during and after the storm’s landfall, there was coordination among SPP, MISO, ERCOT, regulators, American Electric Power and the Edison Electric Institute.

“Together, we addressed voltage and severe loading issues, monitored required load sheds and mitigated the risk of major, potentially catastrophic outages both during the event and through restoration efforts,” Sugg said in an emailed update. “Certainly, load shed events are unfortunate and undesirable. However, I’m proud of the interregional coordination to protect the bulk electric system.”

She said she has received “messages of gratitude” from MISO leadership.

More Detail on July Emergency

Meanwhile, MISO staff last week released more information on the July 7 maximum generation event that affected its North and Central regions.

Speaking during the RSC meeting, MISO System Operations Senior Adviser Gerald Rusin said the RTO may not have needed to enact emergency measures. He said MISO’s North and Central regions were spared from more intense heat by widespread pop-up thunderstorms that began around 1 p.m. July 7. While generation and load-modifying resources’ emergency ratings were available to meet forecasted load, Rusin said LMR use wasn’t necessary. (See Max Gen Event Managed Efficiently, MISO Says.)

“At the time that we made the declaration, the numbers were pointing that way,” he said, citing forecasted temperatures in the low 90s in the North and Central regions and a “near peak” combined load of 88.5 GW for the two regions.

COVID-19 pandemic load profiles that continue to be unpredictable also contributed to some uncertainty during the event, Rusin said. He said unplanned generation outages have been steadily increasing since April, possibly because of the pandemic. By July, unplanned outages had risen to more than 10 GW, uncharacteristically high for the month known for peak demand, he said.

“We need to see how this plays out in the months to come to see if the true effects of COVID caused the pattern to persist in this way,” Rusin said.

Ultimately, systemwide MISO load peaked at 114 GW for the month on July 8. The RTO experienced an average 88.4-GW load during the month, slightly higher than 2019’s 88.1-GW systemwide average.

Executive Director of Real-Time Operations Rob Benbow said MISO will update its termination declarations after some stakeholders said it wasn’t completely clear through RTO communications which emergency steps ended and when during the July event.

“We want to make sure it’s clear and that everyone is on the same page as we step down protocols,” Benbow said.

GridLiance Acquires Tx Facilities in Kansas

GridLiance said last week its High Plains subsidiary has acquired a 65% ownership stake in the 69-kV transmission system and related substation equipment of the city of Winfield, Kan.

The transaction marks the company’s first co‐ownership of transmission assets with a municipal utility under a development agreement with Kansas Power Pool, a municipal energy agency that provides energy and transmission services to Winfield and 30 other municipalities in Kansas.

“The successful closing of this transaction is an important step in bringing improved transmission reliability to Winfield customers and the region,” GridLiance CEO Calvin Crowder said in a press release. “It is another example of our long‐term commitment to invest in the electric grid and ensure the fair treatment of all transmission consumers.”

The city will retain 35% ownership in the facilities and will be responsible for their maintenance. Winfield will continue to own its electric distribution assets and continue to provide retail electric service in return for a franchise fee and economic development and community support funds from GridLiance. Financial terms of the deal were not announced.

GridLiance
GridLiance substation | GridLiance

The Dallas-based independent electric utility holding company and Winfield have already begun to relocate transmission lines damaged by years of flooding on the Walnut River. The work is expected to be completed by the end of the year.

“Joining forces with GridLiance will ensure we will continue to [provide reliable electric service] for the long term,” Winfield Mayor Phil Jarvis said. “We are already seeing the benefits of our collaboration with GridLiance.”

The transaction was completed once FERC in late August accepted SPP Tariff revisions adding an annual transmission revenue requirement reflecting GridLiance High Plains’ addition as a joint owner of Winfield’s transmission facilities (ER20-2195).

The acquisition is GridLiance’s second of the year. In February, its gained access to the GridLiance Gains Entry into MISO.)