FERC once again decided that neither MISO nor Montana-Dakota Utilities are entitled to recourse over a MISO-SPP flowgate in North Dakota strained by a cryptocurrency mining facility.
The commission denied both MISO and Montana-Dakota Utilities’ requests for rehearing in a March 20 order (EL24-61 et al.). It said it found nothing amiss with the 230-kV Charlie Creek flowgate’s continued eligibility for market-to-market (M2M) coordination despite high congestion costs.
FERC first denied MISO and member Montana-Dakota Utilities Co.’s separate complaints over the Charlie Creek flowgate in September 2024. The two had argued that the congestion caused by the new cryptomining operation should fall to SPP alone because it’s a local issue brought on by data center load growth. But FERC said neither MISO nor Montana-Dakota Utilities proved that Charlie Creek failed to meet the criteria for M2M coordination, nor was SPP in the wrong for continuing to insist on M2M coordination. (See FERC Refuses MISO, MDU Complaints Regarding Crypto-strained MISO-SPP Flowgate.)
FERC kept that stance in its latest order. The commission pointed out that the Charlie Creek flowgate passed some of the studies required under MISO and SPP’s congestion management process to be eligible for M2M coordination. It also said it was unconvinced that MISO and SPP’s interregional coordination process laid out in their joint operating agreement is unreasonable.
MISO had said the flowgate, which serves the 200-MW Atlas Power Data Center, cost its members more than $40 million in unjustified M2M payments. The RTO argued it could provide little congestion relief for SPP’s transmission-constrained northwestern North Dakota load pocket. MISO also accused SPP of defying the two’s M2M coordination protocol by refusing to revoke the line’s M2M designation and insisting on interregional help for a provincial issue that MISO was powerless to resolve. Finally, MISO complained it couldn’t veto the M2M status of the line without SPP’s consent. (See MISO Argues to FERC for 2nd Look at Crypto-stressed Flowgate Management and SPP, MISO Clash over Crypto-strained M2M Flowgate.)
But FERC disagreed with MISO that the M2M process is unfair because it doesn’t account for cost causation. The commission said MISO and SPP’s coordination process is established on forecasted allocations with no requirement that the hundreds of M2M flowgates it serves be reviewed individually. The commission said such a style of cost allocation isn’t meant to be roughly commensurate with estimated benefits.
FERC noted SPP’s argument that about 20 other M2M flowgates at the seams “possess arguably ‘local’ attributes and impose ‘higher than expected’ congestion costs on SPP that require [M2M] payments to flow from SPP to MISO.” The commission said a single flowgate in particular cost SPP $12.5 million in M2M payments to MISO in fall 2023.
FERC also disagreed with MISO that it and SPP’s interregional coordination process is one-sided because it doesn’t allow one RTO the ability to revoke an M2M designation.
The commission also said it didn’t buy MISO’s argument that it doesn’t have enough generation nearby to help alleviate congestion on Charlie Creek. On the contrary, FERC said MISO operations contribute to congestion on the flowgate, where it serves load in the Williston, N.D., area. Flowgate studies from MISO and SPP’s coordination process show the line is “significantly impacted” by MISO flows from generators that exceed 5% in real-time, FERC said. It added that SPP confirmed that if the flowgate was withdrawn, it might have to resort to transmission loading relief.
FERC decided against ordering SPP and MISO to make any specific adjustments to their M2M coordination process, as MISO requested. It ended by asking them to work together.
“We encourage the parties to continue negotiating prospective revisions to their agreements, especially in light of SPP’s and MISO’s positions that similar issues are either currently occurring on other [M2M] flowgates or are likely to recur on other [M2M] flowgates in the future,” FERC wrote.
Additionally, FERC disagreed with Montana-Dakota Utilities’ complaint that a combination of congestion charges and M2M payments stemming from Charlie Creek caused it to be double-charged.
The utility claimed it was billed for the same congestion once under the SPP tariff and again to reimburse MISO for M2M coordination. But FERC said the two are “distinct charges provided for under different frameworks that serve separate purposes.” It explained one is incurred as a customer of SPP while the other is meant to cover interregional coordination charges.
In a separate but related docket on FERC’s March 20 agenda, the commission also turned down MISO’s request to waive SPP’s yearlong statute of limitations on resettlements (ER24-1586-001). MISO was counting on FERC to allow a prolonged resettlement period to refund affected members some of the M2M payments, had FERC directed refunds. SPP said that allowing settlement adjustments outside of the window would amount to retroactive ratemaking.