Voltus has filed a complaint with FERC against MISO, alleging the RTO’s “11th-hour” changes in testing and contract proof requirements ahead of the spring capacity auctions will harm demand response resources and affect rates (EL25-52).
In its Jan. 24 complaint, Voltus said MISO essentially is imposing “new terms and conditions” on DR by cracking down on power tests and requiring more detail in contracts. It said the RTO had “moved the goalposts” after testing deadlines passed and with just 45 days to go before the March 1 auction registration deadline.
Voltus asked FERC to deem MISO’s stricter testing and contractual requirements unenforceable because they stand to affect rates and had not been filed with FERC for approval. It said that without action, all the 450 MW of load-modifying resources (LMRs) it intends to offer in the 2025/26 capacity auction is at risk of disqualification. The company requested that FERC fast-track its complaint and respond no later than Feb. 14.
Voltus argued MISO performed an about-face in late December when it announced to market participants via email that “real power tests” would be limited in duration to LMRs’ individual stated response times. That means an LMR with a six-hour response time would have a maximum of six hours to demonstrate it could scale back usage. Before then, Voltus said it was MISO’s practice to allow DR resources a full day to drop load by at least 50% for real power testing.
But that wasn’t the only deviation from MISO’s recent testing practices, Voltus told FERC. The RTO announced at the Resource Adequacy Subcommittee’s (RASC) meeting Jan. 15 that it would require all LMRs using a firm service level threshold to measure reductions to show in testing that they can cut use to that level and that the reduction be at least 50% of the LMR’s registered value. (See Following DR Exploitation, MISO Announces Stiffer Requirements Before Capacity Auction.)
Finally, MISO announced that market participants must be able to show that their LMR contracts are active for all seasons their resources offer their services. Contracts themselves must detail response time, how the LMR achieves demand reduction, and specify how many megawatts or to what firm service level end-use customers agree to curtail, the RTO said.
MISO staff said they were forced to double down on existing testing requirements after a handful of companies were caught manipulating the DR market in recent FERC investigations. Staff at the time said MISO’s testing requirements are already on the books and that it was merely renewing its enforcement.
Voltus itself recently agreed to pay a $18 million civil penalty after FERC investigated the company for reportedly falsifying registrations and overstating capacity from 2016 to 2020. (See Voltus Agrees to $18M Fine to Settle DR Tariff Violations in MISO.)
MISO’s tariff instructs market participants who wish to register LMRs to conduct real power tests if they have not previously responded to an emergency. The tariff also requires market participants to have “contractual rights” with their resources.
However, Voltus argued that MISO has not defined a “real power test” in its tariff or Business Practices Manuals. The company said it has seen efforts to define DR testing in stakeholder committees repeatedly “fizzle out.”
Because MISO and stakeholders have never settled on a definition, the company argued, FERC should act to make sure market participants registering LMRs who relied on the RTO’s typical guidance in recent years for the 2025/26 auction are treated fairly.
MISO’s late December email came after registration for the 2025/26 planning year had already begun and days before LMRs’ testing deadline, Voltus said. And it wasn’t until the Jan. 15 RASC meeting — after the LMR testing deadline passed — that MISO announced it would require aggregators of retail customers demonstrate “contractual control” of their demand resources and resubmit registrations that lack details, it said.
“MISO’s beyond-the-11th-hour changes to these requirements will have catastrophic impacts on market participants,” Voltus said, adding that it’s now impossible for market participants to retest LMRs while still meeting the RTO’s original end-of-the-year deadline for testing.
Voltus argued MISO’s seemingly new contract specifications are discriminatory because aggregators now are held to a different standard than utilities. While aggregators must submit the more detailed contracts, utilities must show only that customers are enrolled in their DR programs. Voltus argued MISO did not attempt to explain the disparate treatment.
The company also said it’s “unlikely” that contracts between aggregators and their customers “will include all the exact information MISO is now (for the first time) mandating be included.”
“As a result of these changes, all of the demand resources Voltus intended to register as LMRs to participate in the [Planning Resource Auction] for the 2025/2026 planning year may be disqualified entirely,” Voltus said, explaining that “none” of its customer contracts contains all the data MISO wants. It said that as of Jan. 24, it’s still waiting for MISO to confirm whether it will accept additional documentation detailing curtailment plans that it has submitted.
“While Voltus has curtailment plans for each of its customers, those curtailment plans are not codified in the contract. Similarly, while some of Voltus’ customer contracts specify the [firm service level] to which the customer commits to drop, in many cases that information may be contained elsewhere (e.g., in an email confirmation or other document extraneous to the contract),” Voltus said.
Voltus said that of its 450 MW of LMRs, 112.7 MW are from those that on paper no longer pass MISO’s real power testing requirements, either because of new time span limits or the firm service level stipulation. The company said it communicated testing requirements to customers using RTO rules in the past four planning years.
“MISO’s 11th-hour change in methodology therefore forced Voltus to choose between two terrible options: (1) not register these demand resources, losing revenues and failing to satisfy its commitments to these customers; or (2) register such demand resources as ‘untested,’” the company wrote.
Voltus told FERC it was forced to submit the 112.7 MW as “untested,” which it said will increase its potential penalty exposure by $3.16 million per market dispatch and up its collateral requirement by $270,480.
The company predicted that “hundreds of megawatts of demand resources” will be unable to register to participate in MISO’s seasonal capacity auctions by the March 1 registration deadline. It warned of “cascading impacts” where aggregators and other market participants will be forced to find replacement capacity or default on bilateral contracts.
Voltus said that while it does not oppose MISO’s attempts to strengthen its requirements, the grid operator should not be allowed to “unilaterally impose new requirements on market participants with no basis in the tariff.”
MISO told RTO Insider via email that it is “reviewing the complaint to determine our response” but declined to comment further.