FERC has rejected MISO’s attempt to implement a blanket, two-year extension of commercial operation dates for generation developers that entered the interconnection queue about seven years ago.
FERC said MISO’s proposed waiver of its usual operations deadline was neither limited in scope, nor did it address a concrete problem (ER25-150). That leaves generation developers who entered the queue in 2018 or 2019 and need extra time to place projects in service appealing to FERC on a case-by-case basis.
MISO in recent years has experienced generation developers struggling to bring projects online according to the commercial operations dates they specified when entering the queue. The RTO said supply chain issues have developers even exceeding its three-year grace period, leaving many developers to apply for waivers of MISO’s deadlines with FERC to avoid project cancellation.
MISO is working on a plan to allow projects up to nearly 11 years to enter service after the project entered the queue’s definitive planning phase for studies; however, that proposal would apply only to projects that entered the queue in 2020 or later. (See MISO to Relax Commercial Operation Deadlines in Interconnection Queue.) For the approximately 200 developers that entered projects in the 2018 or 2019 queue cycles, MISO proposed a simpler, two-year waiver.
But FERC said MISO didn’t show that the proposed waiver of its tariff would apply only to interconnection customers that still are unable to achieve commercial operation after the grace period. The commission said the waiver could extend to developers who may not need it.
“While we appreciate the desire for administrative efficiency by combining multiple interconnection requests facing a similar fact pattern into the same waiver request, administrative efficiency cannot come at the expense of providing sufficient information to demonstrate that the request meets the commission’s waiver criteria,” FERC said.
FERC also said MISO did not explain why a two-year extension is sufficient for all 2018 and 2019 projects to reach operations or attempt to demonstrate that projects are at risk without the blanket waiver.
“While MISO and some commenters have provided general details of lead time delays, MISO has not provided sufficient information regarding the practical effects of these lead times for each interconnection request in the 2018 and 2019 DPP study cycles,” FERC said.
The commission said while it wouldn’t entertain an across-the-board waiver, individual interconnection customers remain free to approach FERC when time is running out on their commercial operation deadlines.
MISO says its developers are bogged down by long lead times on acquiring transformers, breakers, panels and inverters. It sought the mass extension to lessen the risk of interconnection request terminations. EDP Renewables, Cordelio, Invenergy, NextEra and MISO’s Independent Power Producers supported the waiver, while MISO South state regulators said a broad waiver would “eliminate the need for submission of numerous project-specific waiver requests by developers.”