CFTC Chair Flips on Private Rights of Action in RTO Markets

By Tom Kleckner

U.S. Commodity Futures Trading Commission Chairman Timothy Massad said Tuesday he will recommend the commission abandon its proposal to allow private rights of action against energy market transactions in RTOs and ISOs, reversing his position on the issue (81 FR 30245).

massad, cftc, private rights of action
Massad

Massad said that after a “careful review of the issue” and public comments, he plans to recommend CFTC’s final order exempt RTOs and ISOs “from all private rights of action under Section 22 of the Commodity Exchange Act (CEA).”

“As regulators, I believe it is our goal to provide effective and efficient oversight of our markets,” Massad said. “While private rights of action will remain critical overall in our markets, I am persuaded that … their preservation could result in greater costs and uncertainties without necessarily enhancing of markets or consumer protection.”

Massad’s comments came in a letter sent to U.S. Sen. John Boozman (R-Ark.), chairman of the Senate Appropriations Committee’s Subcommittee on Financial Services and General Government. In April, Boozman included an amendment to CFTC’s reauthorization bill that would have granted SPP the same exemptions the commission granted other grid operators in a 2013 order. (See Congress May Order CFTC to Back Down on Private Rights.)

massad, cftc, private rights of action
Boozman

“I appreciate the chairman listening to my concerns and those of others,” Boozman said in a statement. “This is an important decision that will prevent unnecessary increases in electricity costs for consumers in Arkansas and around the country.”

Private rights of action are judicially inferred rights to relief. Their use could have left the RTOs and their market participants as potential targets for lawsuits outside the FERC process.

The issue arose with the 2010 passage of the Dodd–Frank Wall Street Reform and Consumer Protection Act. The legislation revised the CEA and provided CFTC with authority to exempt RTO markets from its rules.

Six of the seven RTOs filed for exemptions, which CFTC granted in 2013. SPP filed for a “me-too” exemption in 2013 when it became apparent its day-ahead market would be going live. In a 2-1 vote, the commission issued a draft order on the SPP request in May 2016, which included preamble language that said it never intended to exempt RTOs from private rights of action. (See CFTC to Add ‘Private Rights’ to RTO Exemption.)

Massad’s change of heart will swing CFTC’s final order in favor of the RTOs and ISOs. He joins Commissioner J. Christopher Giancarlo, who filed a dissent against the draft order and wrote an op-ed on the matter in August for The Record, the second-largest newspaper in New Jersey.

In a statement put out by his office, Giancarlo said he looks forward to “approving a final order soon that recognizes the clear intent of Congress that the CFTC and FERC work together to ensure effective and efficient oversight of America’s electricity markets.”

He said it was “welcome news” that the commission “has decided to cut consumers a break and not unleash a torrent of costly lawsuits against public utilities that would have certainly raised power bills for millions of Americans.”

Commissioner Sharon Y. Bowen was unavailable for comment, as she left Tuesday for a one-and-a-half-week trip to China.

It’s unclear when CFTC will make its final decision. The commission has held only four open meetings in less than two years, but it often makes it decisions via a seriatim process, in which commissioners vote in sequence and in private, rather than at an open meeting. Commissioners can still release public statements in connection with their seriatim votes, however.

SPP helped lead the effort against the draft order, inundating CFTC with 38 (out of a total 43) comments. Industry groups, the House of Representatives’ Committees on Energy and Commerce and Agriculture, and FERC, which has had several jurisdictional tiffs with CFTC in recent years, were among those supplying comments before the June 15 deadline. (See Electric Industry Lobbies, Waits on CFTC Private Rights Ruling.)

The ISO/RTO Council said it was pleased with Massad’s statement. “The ISOs/RTOs, which have maintained that current oversight of competitive markets provides adequate protections for consumers, appreciate the chairman’s thoughtful consideration and recommendation.”

SPP CEO Nick Brown expressed his gratitude to Boozman for helping resolve the proposed regulatory action and potential regulatory overlap.

“The wholesale electric markets are already regulated by” FERC, Brown said in a statement. “The proposed resolution to this issue will still provide CFTC with broad behavioral enforcement authority but will no longer expand their scope as they had considered doing.”

Blackstone, ArcLight to Purchase AEP Merchant Plants for $2.2B

By Ted Caddell

American Electric Power has agreed to shed more than 5,000 MW of merchant generation in Ohio and Indiana to private investment firms The Blackstone Group and ArcLight Capital Partners for about $2.17 billion, the company announced Wednesday.

The Wall Street Journal first reported the deal Tuesday, citing anonymous sources.

The plants are the 2,640-MW coal-fired General James M. Gavin Power Plant in Cheshire, Ohio; the 850-MW natural gas-fired Waterford Energy Center in southeastern Ohio; the 480-MW gas-fired Darby Electric Generating Station, 20 miles south of Columbus; and the 1,096-MW gas-fired Lawrenceburg Generating Station in Dearborn County, Ind., on the Ohio border.

AEP, Blackstone, Arclight
General James M. Gavin Power Plant Source: AEP

The company has said about 2,700 MW of merchant generation in Ohio not included in the reported deal are also being considered for sale. The remainder of AEP’s total of 31,000 MW of generation is owned by regulated utilities in 11 states.

Merchant generators have seen profit margins evaporate as the fracking boom has flooded the market with cheap natural gas, reducing wholesale market clearing prices.

“AEP’s long-term strategy has been to become a fully regulated, premium energy company focused on investment in infrastructure and the energy innovations that our customers want and need. This transaction advances that strategy and reduces some of the business risks associated with operating competitive generating assets,” AEP CEO Nick Akins said in a statement.

AEP hopes to close the sale, which is subject to approvals by FERC, state regulators and a federal antitrust review, in the first quarter of 2017.

The company said it would net approximately $1.2 billion in cash after taxes, debt repayment and transaction fees, as well as an expected after-tax gain of about $140 million.

The company confirmed in January 2015 that it had hired investment bank Goldman Sachs to shop almost 8,000 MW of merchant generation in Ohio and Indiana, which then-AEP Ohio President Pablo Vegas called “on the economic bubble” and struggling to remain profitable. (See AEP Considering Sale of 8,000 MW in Ohio, Indiana.)

AEP and FirstEnergy have sparked opposition from PJM and others with their bids to convince Ohio regulators to effectively move their merchant plants back into their regulated rate base. (See FirstEnergy Posts $1.1B Loss, Eyes Exit from Merchant Generation.)

aep, blackstone, arclight
AEP Generation Resources Assets by Fuel Type

AEP’s sale mirrors that of other utilities, including Duke Energy, which sold its retail business and its interest in 11 merchant plants in Ohio, Pennsylvania and Illinois to Dynegy for $2.8 billion in 2015.

PPL spun off its merchant generation — along with that of Riverstone Holdings — to create publicly traded Talen Energy in 2015. Riverstone announced in June it had agreed to purchase the company and take it private.

Exelon also has looked to shift its exposure away from market prices to regulated assets while also threatening to close struggling merchant nuclear plants.

So what’s private equity’s rationale for buying merchant plants that utilities no longer want?

“The private-equity firms’ multiyear investment horizon gives them an opportunity to bet on a rebound in the wholesale power market,” the Journal said.

Private equity giant Blackstone‘s recent investments have included transmission development (GridLiance), oil and gas (Permian basin shale properties) and LNG (Cheniere Energy Partners).

ArcLight, a smaller fund, focuses on “energy infrastructure assets with substantial growth potential, significant current income and meaningful downside protection.”

It says it has spent $16.8 billion in 99 transactions since its founding in 2001, with “62 exits across diverse market cycles.”

Blackstone and ArcLight have owned more than 38,000 MW of generation globally, AEP said, including operations in PJM, NYISO and ERCOT.

Md. Balks at Proposed Emission Cuts as RGGI States Ponder Future

By William Opalka and Rory Sweeney

The Regional Greenhouse Gas Initiative reported another lackluster carbon allowance auction last week, bolstering calls by Massachusetts and others for more aggressive cuts in the compact’s emission caps.

But as the program conducts its triennial review of how it should operate in 2020 and beyond, Maryland is raising the threat it could pull out, as New Jersey did in 2011.

RGGI reported it sold 14.9 million CO2 allowances at $4.54 each Sept. 7, nearly identical to the prices of the second auction this year of $4.53 and more than 70 cents lower than six months ago.

From 2.5% to 5%?

In 2014, RGGI set an emissions cap of 91 million tons that declines by 2.5% annually to 78.2 million tons by 2020. Environmental advocates and Massachusetts officials have called for doubling the rate of decrease to 5% annually. But Maryland’s top environmental regulator says that is too strict for his state.

Most RGGI members are part of ISO-NE, so any financial burdens created by the pact’s restrictions affect all of their power generators — and subsequently the prices they offer to supply power — equally.

Power plants in Maryland and Delaware, however, sell into the PJM markets and compete against generators that aren’t impacted by the same restrictions in states such as Pennsylvania, Ohio, West Virginia and Kentucky. More aggressive emissions cuts could price power producers in Maryland, where 22% of its production comes from coal, out of the market, said Ben Grumbles, secretary of the Maryland Department of the Environment.

rggi emissions cuts
Maryland Environment Secretary Ben Grumbles, Gov. Larry Hogan and Natural Resources Secretary Mark Belton visit Assateague State Park on Earth Day in April. Photo Source: Maryland Department of the Environment

Grumbles was quoted by The Boston Globe last month saying “unacceptable” cuts may drive Maryland out of the agreement. New Jersey Republican Gov. Chris Christie did just that in 2011, saying it was expensive and ineffective.

In an interview last week with S&P Global Market Intelligence, Grumbles called for “a renewed RGGI … that provides a stringent emissions cap without creating unfair competition for Maryland or other RGGI states.”

“Economic competitiveness and the cost of energy to local ratepayers must be considered in our midpoint review of RGGI, in addition to the fundamental objective of reducing greenhouse gases and increasing resiliency,” Grumbles said.

Grumbles was appointed by Republican Gov. Larry Hogan, who angered environmentalists in the mostly Democratic state in May when he vetoed a bill that would have raised Maryland’s renewable portfolio standard to 25% by 2020. The current RPS goal is 20% by 2022.

“It’s not clear exactly what (or who) will drive the state’s position” on RGGI, The Baltimore Sun said in an editorial last week, adding that Hogan’s veto “has already cast doubt about the administration’s commitment to improving air quality and fighting climate change.”

The Sun acknowledged that tougher caps could leave Maryland ratepayers “paying more for cleaner power but still suffering downwind power plant pollution” from its PJM neighbors.

The solution? “Get more states to join RGGI and elect a president who supports the Clean Power Plan,” the Sun said.

Unanimous Vote

The New England Power Pool is in the midst of a stakeholder process intended to further align the region’s wholesale markets with states’ clean energy policy goals. The initiative could result in Tariff changes that ISO-NE would present to FERC. (See Q&A: NEPOOL Chair on Redesigning Market Rules for Low-Carbon Future.)

Changing RGGI’s caps would require a unanimous vote of the nine states, and Maryland and Delaware aren’t the only ones that could balk.

Maine Gov. Paul LePage is a climate change skeptic, and Carlisle McLean, a LePage appointee to the state Public Utilities Commission, told the Globe “the state is looking hard at this continued RGGI commitment.”

Thanks in large part to the falling price of natural gas, RGGI has exceeded its emissions goals, while electric rates have dropped. The allowance sales have raised almost $2.6 billion, which the states have invested in energy efficiency, renewable energy, bill assistance and greenhouse gas abatement.

“RGGI emissions through the first half of 2016 were the lowest they have been in the program’s history, and annual emissions have been below the RGGI cap level in each of the program’s seven years to date,” Acadia Center President Daniel Sosland said. “This shows that emissions are falling quickly and even more cost-effectively than expected and provides the foundation on which RGGI states can feel confident going forward to set more ambitious emission targets.”

Acadia said low trading volume and stable prices could be “an inflection point” as the market awaits the results of the program review now underway.

‘Oversupplied’ Market

“An oversupplied market and low RGGI prices limited the program’s impact in its early years,” said Jordan Stutt, a policy analyst with Acadia. “Failing to strengthen RGGI through the program review could result in similarly low prices, depriving the region of funding for clean energy programs and sending inadequate market signals to clean up the region’s power sector.”

RGGI’s caps aren’t the only driver of its auction prices, which also have been buffeted by speculation over the fate of EPA’s Clean Power Plan.

From the first auction following the release of the draft CPP in June 2014 to Auction 30 in December 2015, RGGI allowance prices increased 49%. In the first auction after the Supreme Court’s stay of the CPP in February, prices dropped 30%.

rggi emission cuts

“These dramatic swings in prices occurred in the absence of material changes in RGGI policy or the region’s fundamental energy market trends,” Acadia noted.

Katie Dykes, deputy commissioner for energy at the Connecticut Department of Energy and Environmental Protection and chair of the RGGI board of directors, declined to discuss specific proposals from her state.

“RGGI’s flexibility and adaptability have enabled the program to be successful across a diverse region. The program review process is based on consensus, and Connecticut is committed to reaching an outcome that works for all nine RGGI states’ unique goals and priorities,” she said in a statement.

Patrick Woodcock, director of LePage’s Energy Office, also emphasized consensus building and said it’s too soon to discuss how the review might influence other states’ participation. “We’re exploring program review changes and doing economic modeling to determine how these will impact the market,” he said.

NRECA Continues its Fight for the Little Guy

By Tom Kleckner

LITTLE ROCK, Ark. — During the Great Depression, it was the newly formed electric cooperatives that electrified much of the rural U.S. Now, the co-ops want to replicate that accomplishment by bringing their customers broadband Internet access.

“There are parallels between broadband today and the lack of electricity 80 years ago,” Mel Coleman, CEO of North Arkansas Electric Cooperative and president of the National Rural Electric Cooperative Association’s board of directors, said during a speech at the Clinton School of Public Service on Sept. 6.

“Reliable, high-speed Internet access is critical for attracting new employers to small communities,” Coleman said. “What employer would want to set up in a community where you’re getting 3 or 5 or 10 megabits a second? [Rural communities] are in desperate need of an economic boost. Think what it could do for education, health care and, yes, for all the Amazon shoppers.”

nreca
Coleman © RTO Insider

Coleman said his and two other Arkansas co-ops are “hanging fiber as we speak,” as are other electric cooperatives across the country. He hopes to have his first connected members in January.

Meanwhile NRECA, the co-op’s trade association based in D.C., is seeking federal financing help to “ensure that all Americans have access to affordable broadband services,” Coleman said.

It’s another way co-ops are serving the little guy, as they have been since the 1930s, said Coleman, who also used his speech to tell the co-ops’ history and to make their case against EPA’s Clean Power Plan.

“The history of the co-op movement demonstrates good things can happen when the government partners with private enterprise to solve big problems,” he said. “The American spirit of electric co-ops is not just a relic of the Depression era. It lives and breathes across rural America today.”

NRECA represents more than 900 cooperatives in 47 states. These nonprofits serve 42 million customers and operate or maintain more than half the nation’s grid. The largest is in Texas (Pedernales Electric Cooperative, with 260,000 members), and the smallest is in Alaska (INN Electric Cooperative, with 285 members).

Earlier this summer, NRECA hired former seven-term U.S. Rep. Jim Matheson (D-Utah) as CEO to help represent its interests. In addition to lobbying for broadband funding and fighting the CPP, NRECA also is seeking relief from mandatory capacity markets. (See Little Love for PJM in Capacity Market Debate.)

‘Darkness’

As Coleman recounted the electric co-op’s beginnings, he said investor-owned utilities were reluctant to extend their lines into sparsely populated rural areas. As a result, he said, “A vast majority of rural America sat in darkness.”

“The 1920s were roaring for some people, but not for American farms. Less than 3% of farmers had electric power,” Coleman said. “You can imagine milking cows in a wooden barn, with straw floor, and a kerosene lamp waiting to be kicked over.”

At the height of the Great Depression in 1935, President Franklin Roosevelt secured $100 million for rural electrification as a part of a $5 billion public works bill. The next year, Congress passed the Rural Electrification Act (REA), which used cash incentives as a carrot to the IOUs, Coleman said.

“Their grand plan consisted of taking money and hooking up a few customers in easy-to-serve places … it was clear the power companies had no interest in serving rural areas.”

Coleman said it wasn’t until the first REA loans were extended to the handful of co-ops at the time that rural electrification became a reality. The first REA-financed poles were set in Ohio in November 1935, and the first REA-produced power line went into service the following year in Marfa, Texas. By 1936, 140 electric co-ops were in operation in 26 states and by 1940, they were serving more than a million customers.

NRECA was formed in 1942, and it quickly began taking on the big industry interests who scoffed at the little co-ops.

“One of the NRECA’s first tasks was to disprove the allegations made by the investor-owned utilities,” Coleman said. “We were able to show that electrifying farms actually played a viable role in the war effort, by those farms producing more food than farms could without electricity.”

When World War II ended, half of America’s farms had electricity.

“Think about what a remarkable feat it was just to electrify rural America,” Coleman said. “Millions of miles of line, stretched across 75% of the nation’s land mass, all of it done with incentives, not mandates — incentives that were paid back in full, on time, and with interest.”

Clean Power Plan = Job Losses?

Coleman said NRECA and the co-ops are taking the same approach in their opposition to the CPP. In February, the Supreme Court stayed the plan pending resolution of legal challenges by the association and multiple states. Oral arguments are scheduled before the D.C. Circuit Court of Appeals for Sept. 27.

An NRECA study says a 10% increase in electricity prices as a result of CPP compliance would cause annual job losses of 360,000 between 2020 and 2040 in areas served by co-ops. The study estimates a $1 trillion hit to GDP by 2040.

Other studies have suggested compliance costs could be minimal if natural gas prices remain low. (See PJM: Regional Plan Cuts Costs, but Gas Prices are Wild Card for CPP Compliance.) For its part, EPA contends the CPP will have health and climate benefits of $55 billion to $93 billion per year in 2030, “far outweighing the costs of $7.3 billion to $8.8 billion.”

“As a movement that had its origins in the Depression era, and one that was formed to serve some of the nation’s most economically disenfranchised citizens, electric co-ops are sensitive to regulations,” Coleman said. “We are very sensitive to mandates. We’re very sensitive to any regulation or mandate that could impact the affordability of the service we supply to our members.”

Coleman noted electric co-ops serve 327 of the nation’s 353 poorest counties, or “93% of the nation’s most economically vulnerable places.”

nreca

“Many of those folks can’t afford to see their power bill go up. They’re honest, hard-working folks living paycheck to paycheck. A $10-20 increase in the electric bill may not be a lot for those of us in this room, but I can tell you we have members for whom that’s a lot of money.”

Coleman told a story of a 90-year-old member of his North Arkansas Electric Cooperative, who told him she had figured out that by taking her medication every other day, she would be able to pay her electric bill.

“Our concern is the person on the other side of the meter,” he said. “One of the arguments used by supporters of the [CPP] is that the cost to shut down coal-fired power plants will be absorbed by the [plant owners] and their Wall Street investors. Well, that may be true for the investor-owned, but that’s not true for co-ops. The problem is, the owners of our company are not a bunch of faceless Wall Street investors. They’re farmers and ranchers and teachers and veterans and retirees.”

Coal Dependent

He pointed out co-ops are heavily dependent on coal-fired generation because of a “previous government mandate,” the Powerplant and Industrial Fuel Use Act of 1978. Prompted by the 1973 oil crisis and the natural gas curtailments of the mid-1970s, the legislation encouraged the use of coal, nuclear power and alternative fuels in new plants. Provisions restricting the use of natural gas by industrial users and electric utilities were repealed in 1987.

“Power plants are not short-term investments,” Coleman said. “With maintenance and upgrades for the latest technology, the useful life for a power plant extends many decades. Upgrades are typically financed by long-term debt. It could be years before those debts are paid off. To retire a plant while it still has a mortgage will effectively force those co-ops members to pay for that same power twice.”

That’s not to say co-ops aren’t embracing renewable energy, Coleman said.

He listed wind, solar and biomass as being critical elements in the association’s “all-of-the-above” approach to fuels, and briefly detailed several individual co-op initiatives related to solar technology, community energy storage and carbon capture.

“The common thread to all these projects is they’re responding to local challenges,” he said. “Co-ops face change, we face challenge. The good news is, the American spirit is in the heart of every co-op.

“Electric co-ops have long been innovators in the industry. Our smaller size makes us focus on new ideas and how they affect our members. We try new things all the time, and when one co-op discovers something that works, they share it with all of us.”

All for the little guy.

MISO-SPP Study Scope Finalized; Stakeholders Doubtful Projects will Result

By Amanda Durish Cook

MISO and SPP are moving ahead on a joint study focusing on seven projects, staff told stakeholders at a Sept. 7 Interregional Planning Stakeholder Advisory Committee meeting.

The seven needs in the coordinated study scope include four projects suggested by both RTOs and three proposals from just SPP. The original list of study prospects had 10 suggested projects from SPP and five from MISO focusing on the seam with SPP’s Integrated System.

spp miso - projects in joint transmission study
Source: SPP

The final scope contains projects both inside and outside of the Integrated System seam. (See “MISO-SPP Coordinated Study Focusing on 5 Interregional Areas in Dakotas,” MISO Planning Advisory Committee Briefs.)

“We landed on a hybrid number that include seven issues. Part of the reason that it was limited to seven is because that’s the number we think we can complete by April,” SPP’s Adam Bell said. The coordinated study will run into the first quarter of 2017. The transmission elements to be studied are:

  • The Rugby tie linking the Western Area Power Administration-Upper Great Plains East balancing authority and Otter Tail Power in North Dakota;
  • The Hankinson-Wahpeton 230-kV line and the Jamestown-Buffalo 345-kV line on the Dakotas–Minnesota border;
  • The Granite Falls 115-kV circuit and the Lyon County 345-kV line in southwestern Minnesota;
  • The Sioux Falls-Lawrence 115-kV line and the Sioux Falls-Split Rock 230-kV line near the South Dakota–Minnesota border;
  • The Northeast-Charlotte 161-kV line and Northeast-Grand Ave West 161-kV line near the northern section of the Missouri–Kansas border;
  • The Neosho-Riverton 161-kV line and the Neosho-Blackberry 345-kV line in southeastern Kansas; and
  • The Brookline 345/161-kV circuit transformer in southwestern Missouri.

A majority of the 17 stakeholders that filed comments called for evaluating needs along the entire SPP-MISO seam and not individual geographic locations. However, some did support pruning the number of projects to a manageable number in light of the study deadline.

Bell said stakeholders gave “a lot of support” to studying all 11 interregional need candidates pulled from MISO’s 2016 Transmission Expansion Plan and SPP’s 2017 Integrated Transmission Planning 10-Year Assessment, which are both due to be completed in early 2017. (See SPP, MISO Try to Bridge Joint Study Scope Differences.)

Davey Lopez, MISO advisor of planning coordination and strategy, said this year’s targeted study will serve as a gateway for a large-scale overlay study process through 2019. “What we’re going to do is use this study as a foundation for a broader, longer-term effort in 2017. It’ll be a multiyear effort,” Lopez said.

MISO’s Eric Thoms said it’s yet to be seen how this year’s targeted study will feed into the overlay study, which will have its own scoping process.

Adam McKinney of the Missouri Public Service Commission repeated concerns that the RTOs were too quick to embark on an overlay study after last year’s targeted joint study failed to yield any interregional projects.

“It seems like you went on a very bad date and are proposing to get married … you’re going pie-in-the-sky here,” McKinney said.

Bell said McKinney had a point. “I personally am a strong believer that you can’t do the bigger things unless you do the smaller things. We have to be committed to this being actionable, and we don’t want to do studies for the sake of doing studies,” Bell said. Thoms added that “no-brainer” short-term studies will be given attention.

At a Sept. 9 meeting of SPP’s Seams Steering Committee, Steve Gaw, consultant for the Wind Coalition, asked if MISO was prepared to issue construction authorization if projects were identified. SPP Director of Interregional Relations David Kelley said MISO’s concern was authorizing projects that serve only as “Band-Aids” when the upcoming overlay study might reveal a larger, more permanent fix.

Paul Malone, transmission compliance and planning manager with the Nebraska Public Power District, pointed out that most of the seven projects are under MISO’s 345-kV threshold for cost allocation for market efficiency projects. He asked how MISO intends to fund them if they’re approved.

Kelley said unless the “ultimate solution” was at least a 345-kV rating, he didn’t have an answer. MISO was directed by FERC earlier in the year to remove its 345-kV threshold and $5 million cost minimum on interregional projects with PJM.

SPP asked FERC in July to apply the same directive to the MISO-SPP seam. In late July, MISO filed an answer saying that eliminating its SPP thresholds was outside the scope of the PJM order (ER16-1969). A response from FERC is pending.

Shelly-Ann Maye, representing Midwest Power Transmission Arkansas, asked if any of three additional needs identified from SPP could result in competitive bidding. Kelley said “there’s nothing to prevent” a competitive project from emerging from any of the needs. Kelley said that the RTO’s respective portions of the lines could be bid on using the RTOs’ Tariffs.

Stakeholders also asked the RTOs to explain the reasoning behind using MISO wind information from 2005 and 2006. Lopez said the 2006 wind profile that MISO is using is deemed to be appropriate for use and the RTO is not actually using 11-year-old wind data.

“It’s not the actual data we’re using. And we do plan on using a 2012 profile in the near future,” Lopez said. MISO will begin to use a 2012 wind profile beginning with MTEP 17, but the updated wind profile use won’t likely make it into the targeted study, he said.

Kelley added the targeted study will become a proving ground for interregional process enhancements between SPP and MISO. When the study is finished in April, suggested projects — if any — will be turned over for regional review and cost allocation discussions.

Federal Briefs

Offshore wind could be competitive with existing generation in the Northeast within a decade, according to the second National Offshore Wind Strategy, released last week by the U.S. departments of Energy and the Interior.

national-offshore-wind-strategy-coverThe report cites a new cost analysis by the National Renewable Energy Laboratory that predicts offshore wind costs could drop below $100/MWh between 2025 and 2030. “Assuming near-term deployment of offshore wind at a scale sufficient to support market competition and the growth of a supply chain, development of offshore wind energy in markets with relatively high electricity costs, such as the Northeast, could be cost-competitive within a decade,” it said.

The report, a joint project of the Energy Department’s Wind Energy Technologies Office and the Interior Department’s Bureau of Ocean Energy Management, updates the government’s first strategy, which was published in 2011. Officials estimate U.S. waters have a “technical potential” of 2,058 GW — nearly double the nation’s electric usage.

The report outlines 30 steps the two agencies plan to take to reach that potential, including reducing technical costs and risks, making the regulatory process more predictable and transparent, and improving market conditions for investment by quantifying the impact of integrating large amounts of offshore wind to the grid.

As of the end of 2015, BOEM has awarded 11 commercial leases for offshore wind development capable of producing 14.6 GW of capacity. Construction of the nation’s first offshore commercial wind farm, off Block Island, R.I., was completed last month and is expected to begin operations by the end of 2016.

More: National Offshore Wind Strategy: Facilitating the Development of the Offshore Wind Industry in the United States

Feds Halt Dakota Access After Judge Denies Tribe’s Request

The Obama administration ordered a halt to construction of the Dakota Access oil pipeline Friday, minutes after a federal judge rejected a request by the Standing Rock Sioux Tribe to halt construction of the $3.8 billion, 1,172-mile crude oil pipeline.

The departments of Justice and Interior and the Army jointly ordered work to stop on one segment of the project in North Dakota, where it crosses under the Missouri River near the Standing Rock reservation, and asked developer Energy Transfer Partners to “voluntarily pause” action on a wider span on private land that the tribe says holds sacred artifacts. The tribe has challenged the Army Corps of Engineers’ decision to grant permits for the pipeline at more than 200 water crossings.

In his ruling, U.S. District Judge James Boasberg said that the court “does not lightly countenance any depredation of lands that hold significance” to the tribe, but nonetheless said the tribe “has not demonstrated that an injunction is warranted here.”

More: The Associated Press; The New York Times

Bay Names Andrea McBarnette FERC Administrative Law Judge

FERC Chairman Norman Bay appointed Andrea McBarnette, former federal prosecutor and administrative law judge with the Social Security Administration, to be an ALJ for the commission.

A 1997 graduate of Georgetown University Law Center who earned her undergraduate degree from Stanford University, McBarnette built a private law practice in intellectual property, employment law and securities fraud. She then became an assistant U.S. Attorney for the U.S. District Court for D.C. She became an ALJ for the Social Security Administration last year.

“I am pleased to welcome Judge McBarnette to the commission,” Bay said. “I am confident that her experience will serve the public and our stellar ALJ office.”

More: FERC

NRC to Review Generator Failure at Wolf Creek Nuclear Station

wolfcreeknrcOperators of the Wolf Creek nuclear generating station in Kansas are scheduled to meet with Nuclear Regulatory Commission staff to review the failure of an emergency backup diesel generator during a test two years ago. The commission released its preliminary findings of the 2014 incident, when a faulty electrical component kept the emergency diesel generator from starting up when called on.

The findings come just days after the Coffey County plant shut down following a reactor cooling system leak, quickly followed by a magnitude 5.6 earthquake that was centered near Pawnee, Okla. Plant officials said the station was scheduled to go offline for a refueling outage in mid-September, so they decided to keep it idle until the refueling is completed.

More: KVOE

EPA’s Smog Rule Doesn’t Impress Environmentalists

epasourcegovAn EPA update to its Cross-State Air Pollution Rule falls short of what some environmentalists wanted to see. An attorney for the Sierra Club, Zachary Fabish, said the updated rule calls for only “modest” emissions reductions for 22 states in the South, Midwest and East Coast.

The new rules would cut ground-level ozone, or smog, by 80,000 tons by 2017. The states covered by the smog rule are: Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Missouri, Mississippi, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Virginia, West Virginia and Wisconsin.

More: Morning Consult

Renewable, Green Energy Groups Push for Tax Credit Extensions

Trade groups representing the biomass, hydro and other energy industries are putting pressure on Congress to extend tax credits seen as vital to helping their businesses compete with solar and wind.

If the tax credits now afforded to them expire at the end of the year, they say, “the end result is less reliable renewable baseload power will be deployed, which we believe is not the intent or desire of Congress and not in line with an all-of-the-above energy strategy.” While many hydro and biomass tax credits expire in December, credits for wind remain until the end of 2019.

The letter was written to congressional leaders by the National Hydropower Association, American Biogas Council, Biomass Power Association and Energy Recovery Council.

More: The Hill

Overheard at the PJM Market Summit

PHILADELPHIA — More than 100 generators, consultants, RTO officials and utility executives attended Infocast’s PJM Market Summit 2016. Here’s some of what we heard:

Don’t understand what the big deal with the capacity market is? Jeff Plewes of Charles River Associates offered a metaphor most people are likely to understand: buffet restaurants.

Plewes likened the energy market to the main buffet and the capacity market as the salad bar. High natural gas prices allowed for “steak night every night” early on, Plewes said. But when tour buses of new diners in the form of new renewable generators showed up to “feast” on the main buffet, it sent existing customers to the salad bar for most of their meal.

That’s led to new house rules in the form of Capacity Performance — and many additional questions. Among them, Plewes said:

      • How locational deliverability area prices will be influenced by the relative shares of base and CP capacity;
      • How seasonal and intermittent resources will be accommodated and the role of aggregation; and
      • Whether the capacity market will be split into separate classes for subsidized and competitive units.

Storage requires significant coordination to get interconnected into PJM’s grid and what to do with it when it gets there isn’t quite clear. “Arbitrage is actually a really bad economic model for storage,” said RES Americas’ John Fernandes.

PJM’s Frank Koza said his group is developing some new documents for clarity on Order 1000 processes, but bristled at the idea of being so transparent that developers are “standing next to us” while rules are being crafted. “Quite frankly, we’ve got to be able to strike a balance,” he said.

He also acknowledged that PJM hasn’t always been fully committed to the sponsorship model — in which the RTO defines the problem and invites developers to engineer and “sponsor” solutions. “We have done some soul searching about the model itself,” he said. “We’ve thought about it and decided to stay with the sponsorship model.”

While there was some support for PJM’s work, most saw room for improvement. Tom Dagenais of American Transmission Co. likened the process to “making love in a bathtub” — it seems like a great idea, but implementing it is a real challenge.

The Future of Demand Response

Even though the U.S. Supreme Court upheld FERC’s Order 745 earlier this year, demand response as a capacity resource in PJM is “mostly dead barring changes in CP,” said Jed Trott of Customized Energy Solutions. Annual changes to DR rules have made customers more “cynical” that power markets are designed to take advantage of them, he said. Customers thought they were performing a public service by installing DR, but they will start making decisions based on what’s best for them, rather than what appears best for the grid.

“It’s kind of like slapping them in the face,” said Judy McElroy of Fractal Business Analytics. “It’s like, ‘whatever you did didn’t count.’”

As customers add in-house DR technologies that markets aren’t aware of, it will become increasingly harder to accurately predict demand, “which probably means the RTO will be over-procuring because they won’t have that much insight into the curtailment by those customers,” said Allen Freifeld of Viridity Energy.

But the markets will have to adjust to that new reality, said Frank Lacey of Electric Advisors Consulting. “One of the major benefits — the major benefit — to a company is it can avoid its capacity charges by participating in demand response. … Demand response companies [are] going to have to change their business models, but demand response is alive and well,” he said. “Maybe not in PJM, maybe not in any of the other markets, but from a customer perspective, from a supplier perspective, the market’s not going away. You’ve given customers a taste for something, and they like it. They’re not going to give it up. ”

Others on the financial side at the summit weren’t as concerned about DR’s future. “DR, frankly, is a crappy tool,” said Barry Trayers of Citigroup Energy. “You can see why PJM isn’t very happy to price it in the supply curve.”

The issue with aggregating seasonal DR resources is that there are far fewer winter options, explained Robert Weishaar Jr. of McNees Wallace & Nurick, which represents the PJM Industrial Customer Coalition. So while summer options provide the majority of the value and potential risk for nonperformance, winter products are necessary to create a year-round capacity offer, he said.

“There is a lot of money at stake,” he said.

So far, there have been no commercially aggregated offers in any CP Base Residual Auction, he said. Asked how seasonal resources will likely be married, he said he expects “forced weddings.”

The Future of Solar

Solar installations are “booming,” according to Jay Carlis of Community Energy, because the module price per watt has fallen to less than $1 and “trackers” allow panels to pivot along with the sun to produce more energy during late peak hours when it is more valuable. In addition, companies are finding value in financing development projects through long-term, offsite power purchase agreements.

That said, Carlis sees no opportunity for further wind development in PJM without PPAs. The last round of major wind development in the market happened around 2008, he said, and “those owners are not happy” with the returns they’re receiving.

Getting More from Hydro

Dana Hall of the Low Impact Hydropower Institute highlighted the potential growth of both run-of-river hydro and pumped storage — and the Department of Energy’s keen focus on utilizing it.

Hall quoted from the department’s Hydropower Vision Report 2016, which said more than 48 GW of new hydropower capacity could be online by 2050 through advances in technology, financing and environmental considerations. Pumped storage has the biggest upside, with growth potential of 62%.

“We have plenty of dams in this country,” she said. She showed a map of the country’s unpowered dams with a potential capacity of more than 1 MW; spots dotted the U.S. Most were in the midcontinent near the Mississippi River, but every PJM state except Delaware showed opportunity.

Hall’s institute provides certifications that allow projects to qualify as, for example, Tier 1 resources in Pennsylvania. By 2021, Pennsylvania utilities must obtain 8% of their power from Tier 1 renewables.

“I think every project has the potential to pass,” Hall said, “but they might have to invest heavily.”

Simple-Cycle Offers Opportunities in Volatility

Matti Rautkivi, of generator manufacturer Wärtsilä, sees volatility as an opportunity to make money. For example, volatility in the Australian market means that prices hit the market’s $13,000 price cap several times a month, he explained.

While price caps are lower in PJM’s markets, there’s certainly plenty of volatility to exploit. Rautkivi showed a map of volatility in the U.S., and the vast majority — including the highest prices — was in PJM’s footprint.

His solution to capturing that value utilized natural gas as the fuel — no surprise there — but relied on simple cycle plants rather than larger combined cycle ones. Why? Speed, of course. The “reality today” of Wärtsilä’s 225-MW “standard plant” design is highly sensitive response, needing 30 seconds to synch, two minutes to ramp up to full capacity, one minute to ramp down and five minutes of downtime before it can do it all again.

That responsiveness was the basis of a plan that allowed Denton, Texas, to achieve its goal of receiving 70% of its supply from renewable sources. Modeling showed that using the plant to make a profit off of price spikes in the market while also avoiding paying high costs for electricity would save the town $975 million compared to securing its desired supply mix exclusively from the market.

Rory D. Sweeney

FERC Dismisses NY Tx Developers’ Order 1000 Complaint

By William Opalka

FERC on Thursday dismissed a complaint by transmission developers who were excluded from New York public policy projects under Order 1000 (EL16-84).

The developers had asked the commission in June to order New York regulators to begin a new process to evaluate transmission upgrades to alleviate congestion and bring renewable energy downstate. The New York Public Service Commission had approved a list of transmission developers eligible to participate in building the state’s Energy Highway initiative. (See New York Transmission Developers Ask FERC to Order a Do-over.)

The developers — Boundless Energy NE, CityGreen Transmission and Miller Bros. — jointly filed their complaint as Competitive Transmission Developers (CTD). They said NYISO violated its Tariff and FERC directives under Order 1000 when it solicited projects without conducting its own review and instead deferred to state regulators.

The developers said the ISO should follow its normal study process — including its base assumptions and generator dispatch modeling — to consider competing solutions without excluding specific technologies or relying on the PSC’s assumptions and modeling.

But FERC said the ISO was in compliance with its Tariff and Order 1000. “NYISO’s [Tariff] permitted NYISO, in consultation with stakeholders, to rely on the New York commission, with input from NYISO and interested parties, to identify the public policy transmission needs, and the New York commission identified the public policy transmission needs here,” FERC added.

“Additionally, we disagree with CTD that the New York commission’s identified public policy need transformed NYISO’s sponsorship model into a competitive bidding model. The New York commission did not select a specific project and did not require NYISO to conduct only a bid-based solicitation for a specific project.”

Boundless participated in an evaluation of potential projects last year by NYPSC staff, but staff recommended that the developer be disqualified because its proposals were deemed not cost-effective. CityGreen, which is interested in developing HVDC and AC transmission facilities, and Miller Bros., a utility contracting company, are not qualified transmission developers in NYISO.

Developers’ proposals, which were submitted in late April, are currently being evaluated by NYISO staff.

SPP Briefs

A task force developing cost allocation rules for seams projects identified outside the FERC Order 1000 interregional process agreed last week to take another crack at crafting language more agreeable to stakeholders and staff.

SPP attorney Matt Harward will help guide the staff effort to produce the revised business practice, in coordination with the Seams Steering Committee’s small task force.

During the committee’s Sept. 9 meeting, Harward questioned whether a business practice is the correct method to solve the problem, while members raised concerns that the task force’s current draft of Revision Request 170 hews too closely to Tariff language rejected by FERC Rejects SPP Proposal for Seams Transmission Projects.)

Some members also said it doesn’t include a suitable interaction between seams projects and Order 1000 projects. ITC Holdings said RR 170 creates a “carve-out” from the Order 1000 process for seams projects and would exclude “a class of projects that have heretofore met various thresholds for Order 1000” by requiring they have a funding mechanism with a seams partner.

Staff drafted the initial business practice based on member input and the seams committee’s 2014 seams project policy paper, which was approved by the Board of Directors. The original language allows transmission providers to recommend the board direct staff to file requests with FERC that regionally allocate 100- to 300-kV seams projects if the zone in which the projects are located receives less than 60% of their benefits and if their benefit-to-cost ratios are less than 1.0.

Oklahoma Gas & Electric’s Jake Langthorn, who leads the task force, said he still hopes to meet next month’s deadline for finalizing the revised language. “It’s in staff’s hands,” he said.

The new language will have to be approved by the Seams Steering Committee and the Business Practice and Cost Allocation working groups before it can be brought before the Markets and Operations Policy Committee and the board.

SPP-AECI Models due in October

SPP interregional coordinator Adam Bell told the committee a joint study with Associated Electric Cooperative Inc. is continuing to focus on five target areas in Missouri. He promised models and transmission needs will be published before October “so we can start looking at different transmission options.”

The SPP-AECI Interregional Planning Stakeholder Advisory Committee will meet again next month. It is sticking to a January delivery of its final report.

M2M Payments Shifting?

The market-to-market update showed a rare payment of more than $606,000 from SPP to MISO for flowgate congestion along the RTOs’ seams in July, a sign of changing flows.

southwest power pool, spp

Since March 2015, MISO has paid SPP $11.2 million from congestion on the 10 most active permanent and temporary flowgates. However, MISO sent less than $632,000 to SPP for March 1 through July 31, 2016, for the 10 most active flowgates.

SPP to Share Z2 Bills This Week

SPP said it will release draft reports this week detailing the approximate payments owed by transmission customers under Attachment Z2 of the RTO’s Tariff.

The reports are the latest step in settling a contentious issue that dates back to 2008, when SPP was to have begun crediting and billing customers for system upgrades. In July, staff said it had identified $848.8 million in assigned costs from 158 creditable upgrade projects.

Members will also receive detailed data files to allow them to validate the results and perform shadow calculations. The draft reports and data files will cover March 2008 through June 2016.

SPP will then make available later this month payment-election forms for entities that owe money. Those companies are required to notify the RTO whether they will pay the full balance or enroll in a payment plan and pay the balance in 20 installments over a five-year period ending in August 2021.

In July, the board approved a 50-month extension of the original 10-month payment deadline. (See Board Approves Z2 Timeline Extension, Creates Task Force for Further Study.)

─ Tom Kleckner

Company Briefs

macquariemacquarieA Macquarie Infrastructure subsidiary has filed with the city of Chesapeake, Va., to build a 1,400-MW combined cycle plant on the Elizabeth River near the site of Dominion Virginia Power’s retired Chesapeake Energy Center.

The plant would use three turbines and one steam generator. It is to be built on land owned by International-Matex Tank Terminals and fueled by natural gas delivered by Dominion Resources’ planned Atlantic Coast Pipeline.

Macquarie CEO James Hooke said the project was a good fit because the company already owns the industrial land near transmission lines and the planned pipeline. It is one of several similar projects planned by Macquarie, including a power plant to be built in Bayonne, N.J.

More: The Virginian-Pilot

Severe Storm Damages Minnesota Solar Array

minnesotapowersourcempA severe storm last week severely damaged Minnesota Power’s nearly completed solar array at the Minnesota National Guard’s Camp Ripley base near Little Falls.

The utility said the 10-MW solar array was supposed to be completed last week; instead, 25% of the 97 rows of solar panels sustained damage from the storm’s high winds that sent debris flying, including a storage container that completely obliterated several rows of panels. The facility was built to withstand golf ball-sized hail.

Minnesota Power plans to file an insurance claim and begin replacing broken equipment. When completed, the $25 million facility would largest of its kind on any National Guard base in the U.S.

More: BusinessNorth

NIPSCO’s O’Leary to Retire After more than 38 Years

O'Leary
O’Leary

Northern Indiana Public Service Co. President Kathleen O’Leary will retire Oct. 3 after almost 38 years working for the company and its affiliates.

Violet Sistovaris, NiSource executive vice president for NIPSCO, will take on the title of president and shoulder many of O’Leary’s responsibilities while still maintaining her existing position. Sistovaris became an executive vice president for NIPSCO last year.

O’Leary was named NIPSCO president in 2012 and currently supervises NIPSCO’s economic development rates, communications and regulatory and legislative affairs.

More: The Northwest Indiana Times

AEP Names Sundararajan to Lead FERC, Regulatory Outreach

Sundararajan
Sundararajan

American Electric Power has named Raja Sundararajan as its vice president of regulatory services, responsible for interactions with FERC and 11 state regulatory commissions. He replaces Rich Munczinski, who is retiring in December.

Sundararajan joined AEP in 2002 and has been vice president of transmission asset strategy and policy since March 2012. “Raja has proven success in advancing transmission regulatory policy at FERC, with state regulators and in the regional transmission organizations where we operate,” said Bruce Evans, AEP’s chief customer officer.

Sundararajan has a bachelor’s degree in mechanical engineering from the Indian Institute of Technology Madras. He also has a master’s degree in mechanical engineering from the University of Maryland College Park and an MBA from the University of Michigan. He also completed the Executive MBA program at the University of Virginia.

More: American Electric Power

SolarCity Jumps into Austin Market with New Solar Financing Program

solarcity(solarcity)SolarCity launched residential service in the Texas capital last week, introducing a new financing program in Austin that offers to install rooftop solar systems with monthly payments starting at $50 a month.

The California-based company recently completed a major solar panel project with grocery giant H-E-B, installing the company’s panel systems at 20 Austin-area stores. It said it would begin hiring workers in the Austin area, starting with 20 to 30 employees with the potential to ramp up to 100 to 120 in the future.

More: Austin American-Statesman

Southern Adds 3rd Facility to Oklahoma Wind Portfolio

southern(southern)Southern Co. subsidiary Southern Power has acquired a third wind farm in Oklahoma, buying the 147-MW Grant Plains Wind facility from Apex Clean Energy. The project is expected to be ready for commercial operation in December.

Southern has already purchased two other wind farms in Oklahoma that were formerly owned by Apex: the adjacent 151-MW Grant Wind farm and Kay Wind, a 299-MW facility in Ponca City.

With the Grant Plains addition, Southern will own more than 2,400 MW of renewable generation from 31 solar, wind and biomass facilities. The company has added or announced more than 4,000 MW of renewable generation since 2012.

More: Enid News & Eagle