OMS, Monitor Revive MISO Demand Curve Debate

LOUISVILLE, Ky. — The Organization of MISO States and the Independent Market Monitor on Monday resuscitated a longstanding debate over whether the RTO should adopt a sloped demand curve in its capacity auctions.

During a meeting in conjunction with the National Association of Regulatory Utility Commissioners’ annual meeting, OMS President Julie Fedorchak said the topic was “worth bringing forward again.” She noted the landscape has changed in the years since the Monitor first recommended MISO adopt a sloped demand curve.

Fedorchak said a demand curve could possibly help the footprint place more value on resource adequacy. MISO employs a vertical demand curve in its capacity auction that prioritizes reliability over economics.

Monitor David Patton said the RTO neglects the demand side of its capacity market with its focus on the supply side. He said the demand for capacity must represent the value consumers are willing to pay for.

Patton said should MISO alter the curve; most regulated utilities won’t be forced into rate increases because they carry excess capacity. He said the utilities and merchant generation that relies on the capacity market’s price signals will likely benefit from increased compensation.

“This has the benefit of being far more equitable for the regulated utilities, which carry the reliability [responsibility] for the [MISO] North and the South [regions],” Patton said.

Competitive suppliers, on the other hand, will pay more for capacity, he said.

The grid operator has resisted a sloped demand curve ever since its unsuccessful attempt in 2016 to conduct separate, three-year forward capacity auctions using the curve only for the footprint’s deregulated areas. The RTO is currently preoccupied with establishing four seasonal capacity auctions paired with availability-based resource accreditations; the plan does not call for changes to the auction’s demand curve design. (See Last-minute Unease over MISO’s Seasonal Accreditation.)

Patton said had MISO used a sloped demand curve in its 2021/22 Planning Resource Auction, it would have cleared capacity at $172.86/MW-day in the Midwest and $28.31/MW-day in the South. This year, MISO South (Arkansas, Louisiana, Mississippi and Texas) cleared at an all-time low of $0.01/MW-day while Midwestern zones 1-7 (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Montana and Wisconsin) cleared at $5/MW-day. (See MISO Capacity Auction Values South Capacity at a Penny.)

The Monitor has said analyses show that MISO’s capacity market is not providing revenues to keep coal and nuclear resources afloat, which are needed for reliability while the footprint decarbonizes.

MISO Members Retain Incumbent Directors

MISO’s membership has reelected three incumbents to the Board of Directors, eschewing an opportunity to introduce new faces.

Directors Nancy Lange, Mark Johnson and Phyllis Currie were up for reelection this year. They will begin their new three-year terms on Jan. 1.

Currie and Johnson joined the board in 2016 and were reelected in 2019. Lange was elected to the board after some controversy in 2018 because of her immediate past position as chair of the Minnesota Public Utilities Commission. (See MISO Elects Lange to Board; Keeps 2 Incumbents.)

“These experienced industry leaders will continue to guide us toward implementing the changes needed to meet the reliability imperative,” MISO CEO John Bear said in a press release. “The expertise and institutional knowledge of our returning directors will be instrumental to helping us manage some of the issues facing our industry. Their diverse backgrounds and understanding of our organizational goals will help accelerate our plans for the future.”

MISO’s reliability imperative refers to its commitment to plan and make changes to maintain reliability as the resource mix shifts toward clean energy.

The board consists of nine independent directors and its CEO. Directors are limited to serving three, three-year terms.

Despite MISO retaining search firm Russell Reynolds and interviewing a slate of 20 non-incumbent candidates, the Nominating Committee decided against introducing any new members to the board. The committee was comprised of MISO directors and stakeholders Stacy Herbert, representing transmission owners, and Indiana Utility Regulatory Commissioner Sarah Freeman.

MISO’s month-long board elections require a minimum 25% participation rate among its nearly 140 voting-eligible members to achieve quorum. Members can vote for, against or abstain from selecting any of the candidates. Candidates must earn a majority of quorum votes to be installed.

Board members also voted unanimously in September to elect Todd Raba as board chair. He will replace current chair Currie in January.

“This is the only professional engagement I have, so I look forward to dedicating all of my professional attention to this,” Raba said during MISO’s September Board Week. Raba was previously CEO of GridPoint and Berkshire Hathaway’s MidAmerican Energy and Johns Manville companies.

The board will meet next in Orlando, Fla., Dec. 7-9, marking MISO’s first in-person public meetings since the coronavirus pandemic spread in early 2020.

FERC Accepts Key Tariff Revisions to SEEM

FERC on Monday accepted revisions to four Southeast Energy Exchange Market (SEEM) utilities’ tariffs that implement the special transmission service used to deliver the market’s energy transactions.

The commission found the revisions to be just and reasonable and not unduly discriminatory or preferential. It ordered Duke Energy (NYSE:DUK), Southern Co. (NYSE:SO), Dominion Energy (NYSE:D) and PPL (NYSE:PPL) subsidiary LG&E and KU Energy to make a compliance filing within 30 days of the order and to make an informational filing at least 30 days before SEEM’s projected start-up next year (ER21-1115).

The market was established “by operation of law” when FERC failed to take action within 60 days after prospective SEEM members responded to the commission’s latest deficiency letter. The commissioners deadlocked 2-2 “as to the lawfulness of the change,” allowing the measure to take effect in accordance with Section 205 of the Federal Power Act. (See SEEM to Move Ahead, Minus FERC Approval.)

FERC Chair Richard Glick, who had opposed the market’s creation, sided with Commissioners James Danly and Mark Christie to create a 3-1 decision. He said the parties’ filings, unlike the SEEM agreement, do not apply Mobile-Sierra provisions that would limit FERC’s authority to require changes.

<img src="https://rtowww.com/wp-content/uploads/2023/06/140620231686783585.jpeg" data-first-key="caption" data-second-key="credit" data-caption="

FERC Commissioner Allison Clements

” data-credit=”© RTO Insider LLC” style=”display: block; float: none; vertical-align: top; margin: 5px auto; text-align: left; width: 200px;” alt=”Clements-Allison-2018-01-23-RTO-Insider-FI.jpg” align=”left”>FERC Commissioner Allison Clements | © RTO Insider LLC

Commissioner Allison Clements dissented from the decision with a 13-page statement, saying the parties’ transmission tariffs fail to allow open access to the market and provide for rates that have not been shown to be just and reasonable. She said the order sets up a market exchange platform that fails to satisfy FERC Order 888’s open-access requirements by incorporating the non-firm energy exchange transmission service (NFEETS) integral to SEEM.

“The same infirmities that render the broader [SEEM] proposal unduly discriminatory and not just and reasonable also mean that it cannot lawfully be incorporated into the relevant utilities’ [tariffs] in this proceeding,” she wrote. “Incorporating NFEETS into [tariffs] integrates the [SEEM] proposal’s flaws into the relevant utilities’ transmission service offerings.”

SEEM participants say the market is open to all entities that “own or otherwise control a source within the territory and/or is contractually obligated to serve a sink within the territory.” Participants must sign an agreement and arrange to take NFEETS, a zero-cost transmission service through unused transmission capacity for 15-minute energy exchanges, from each participating transmission provider.

However, prospective participants must also have executed enabling agreements with three counterparties that participate in the market.

Clements said the requirements “impose unlawful barriers” to potential participants “because current participants may collude to exclude prospective participants by refusing to enter into enabling agreements.”

Protesters argued that under FERC’s open-access requirements, SEEM is a “loose power pool” and should be subject to a pool-wide tariff rather than establishing NFEETS for each transmission provider’s system.

The commission’s majority disagreed, saying precedent shows that free, non-firm transmission to facilitate intra-hour transactions does not constitute a loose power pool. It said the SEEM agreement allows for such service for unused transmission capacity and thus entails no opportunity costs.

“NFEETS is the lowest-priority transmission service, cannot be used to satisfy reliability obligations of [SEEM] participants and does not replace existing transmission service,” the majority said.

Tesla Gets OK to Sell Power in Texas

Texas regulators have given a Tesla subsidiary permission to begin selling electricity to retail customers as company CEO Elon Musk continues to expand his presence in the state.

The Texas Public Utility Commission filed an order on Wednesday granting Tesla Energy Ventures a retail electric provider certificate that allows it to provide retail services in the competitive ERCOT market. The order requires Energy Ventures to continuously maintain an office within Texas to comply with state regulations.

The company applied for the certificate in August and provided a balance sheet that demonstrated shareholder equity of at least $1 million, the PUC said. The application also included the resume of at least one principal employee with five years of experience in energy commodity risk management of a substantial energy portfolio.

Texas Monthly broke the news of Tesla’s plans in August. The company is also building two utility-scale batteries that will serve wholesale power customers.

Musk announced in October that he would be moving the company’s headquarters from California to Austin, Texas. The company is building a Gigafactory in the city and already owns more land in Austin than anyone else.

Musk also helped found SpaceX, which has a launch site in Boca Chica on the southern Texas Gulf Coast.

California Supports New Clean Vehicle Pledges at COP26

U.S. Transportation Secretary Pete Buttigieg was in Glasgow, Scotland, Wednesday for transport day at the United Nations Climate Change Conference (COP26), but he did not get behind two new pledges targeting 100% zero emission vehicles.

California, however, supported the pledges, which seek to make sales of cars, vans, trucks and buses zero emission by 2040.

U.K. Parliamentary Under Secretary of State Trudy Harrison announced the launch of a declaration that calls on signatories to work toward all sales of new cars and vans being zero emission globally by 2040 and by no later than 2035 in leading markets.

“Countries with a date to end the sale of polluting vehicles entirely represent a fifth of global sales,” Harrison said during the launch event on Wednesday. “Others, like U.S. and China, have also made commitments to rapidly increase the sale of zero emission vehicles.”

President Biden signed an executive order in August setting a target for half of new vehicle sales in 2030 to be ZEV. The White House indicated in a statement at the time that the 2030 target would allow manufacturing to upgrade without stranding assets.

Last week, the U.S. signed on to the Glasgow Breakthrough for road transport, which calls for ZEVs to be the new normal by 2030. (See Biden Joins ‘Glasgow Breakthrough Agenda’ on Climate Innovation.)

Thirty-three countries signed the declaration, and other signatories included California, New York, Washington, nine U.S. cities, and EV software provider WeaveGrid.

The software company signed the declaration because it “believes every vehicle can run on clean energy” and it’s “committed to supporting the ZEV transition,” CEO Apoorv Bhargava told NetZero Insider.

“There are challenges associated with a full transition to ZEVs, but we have the technology and the ability to tackle the climate crisis by bringing together decarbonization advances of two of the largest emitting sectors of the economy: transportation and energy,” he said.

MOU

The Netherlands government joined the nonprofit consortium CALSTART to launch a global memorandum of understanding on zero-emission medium- and heavy-duty vehicles (ZE-MHDV) signed by 15 countries. The signatories agreed to work toward 100% zero-emission new truck and bus sales by 2040 and set an interim goal of having 30% of new ZE-MHDV sales be zero emission by 2030.

On behalf of all the MOU signatories, Netherlands Minister for the Environment Steven van Weyenberg called on other countries to join the effort “without delay.”

For too long, the MHDV sector “was deemed too difficult to decarbonize,” he said at the launch event. “But technology is improving fast, costs are falling quickly, and almost every day newer, revolutionary zero-emission trucks are coming onto the market.”

Swedish vehicle manufacturer and signatory Scania is working to advance electrification of long-haul transport, recently announcing development of a 104-foot electric truck for Jula Logistics in Sweden. The company’s latest endeavor includes building a heavy-haul timber truck for forestry company SCA.

The truck will be capable of transporting 80 metric tons in northern Sweden under “the most difficult conditions just to prove that the technology is ready,” Scania CEO Christian Levin said during a panel discussion at the event.

California joined a group of subnationals and companies in endorsing the MOU.

“Through partnerships with other U.S. states that follow our clean air standards and our clean vehicle rules, the actions we take in California effectively send market signals to about 40% of the U.S. market,” Liane Randolph, chair of the California Air Resources Board, said during the panel discussion. “We are helping to ensure a broadly based, national zero-emission vehicle market.”

Electric vehicles were California’s largest single export last year, Randolph said, adding that the state also is nearing 1 million ZEV sales.

ZEV Infrastructure

Another agreement rolled out at COP26 on Wednesday urges greater coordination on ZEV infrastructure.

California and the Netherlands jointly developed the call to action. While cities, states, automakers and fleet owners are setting increasingly ambitious targets for EV adoption, infrastructure is critical to support the vehicles, the document states.

Signatories of the document “commit to support the increase of EVs by accelerating the timely deployment of related charging infrastructure in our respective roles and in close cooperation.”

More than 30 parties have signed the call to action thus far. They include seven U.S. states — California, Colorado, Maine, New Jersey, Oregon, Rhode Island and Washington — as well as businesses, including Pacific Gas and Electric and automaker Volvo.

The document calls on the various entities to join forces to set infrastructure targets, address gaps in investment and planning, and unplug bottlenecks.

Among the document’s recommendations is development of an EV charging infrastructure market model that can be widely implemented. The model should be based on open standards and be scalable and interoperable. It should be transparent regarding roles, responsibilities, and cost and value allocations.

Another recommendation is to increase synergies between the transport and energy sectors through bi-directional charging technologies.

SPP, SEEM Woo Entergy Regulators at NARUC

LOUISVILLE, Ky. — Amid clashes with MISO on regional transmission planning and cost allocation, this week’s Entergy Regional State Committee meeting featured introductions to SPP’s and the Southeastern Energy Exchange Market’s (SEEM) workings.

SPP leadership and a SEEM delegate were on-hand to share the members’ experiences during the committee’s Tuesday meeting, held during the National Association of Regulatory Utility Commissioners’ annual meeting.

Louisiana regulator Eric Skrmetta, who in a fiery speech last month suggested forcing Entergy Louisiana to exit MISO for either SPP or SEEM, stood at the back of the room during the meeting. He didn’t comment. (See La. Regulators Threaten MISO Departure over Tx Costs.)

Former Kentucky Public Service Commissioner Talina Mathews, freshly hired as SPP’s director of state regulatory policy, described the RTOs planning process and cost allocation. She said the footprint’s regulators have control over cost allocation decisions, a “unique” setup among RTOs.

“Decisions are not made quickly or lightly,” Mathews said.

“I know that SPP takes their relationships with regulators very seriously,” Mississippi Public Service Commissioner Brandon Presley said.

Presley said SPP ensures their regulators have a “central” role, given they take the heat for system outages and missed forecasts. He likened MISO’s relationships with state commissioners to a spouse that’s only remembered at tax time. He also mentioned regulators being put through MISO’s “hellacious” stakeholder process.

“It just seems a big cultural difference,” Presley said.

Noel Black with Southern Co., one of SEEM’s founding members, told regulators that the market’s aim is to “get out of the way of the bilateral market.” He lauded his exchange’s simple market structure and minimal “disruption” to regulators.

FERC on Monday approved requests for the zero-cost transmission service that will used to deliver SEEM’s energy transactions. The market became effective “by operation of law” in October. (See SEEM to Move Ahead, Minus FERC Approval.)

Both the Mississippi and Louisiana commissions have hinted they would pull their utilities out of MISO if the RTO shares the bill from major Midwest transmission expansion with their South region. (See Mississippi PSC Audit Questions MISO Membership.)

Aubrey Johnson, MISO’s executive director of system planning, said regional transmission planning is “needed to accommodate the current and future resource fleet shift.”

MISO is currently studying about 10 Midwestern projects for possible approval in March. Johnson said after the first tranche of those projects is approved, the grid operator will turn its attention to studying the South’s regional needs. He said the first projects would likely be ready for approval in 2023.

Johnson said a proposed footprint-wide postage stamp rate isn’t realistic based on MISO’s current hourglass configuration, where the Midwest and South are constricted by the subregional transfer limit. He also said MISO South’s resistance to cost sharing played a role in the RTO’s current decision against a footprint-wide allocation. (See MISO Hopes Bifurcated MVP Cost Allocation Will be Temporary.)

Texas Public Utility Commission economist Werner Roth said the state supports a bifurcated cost allocation between the Midwest and South.

California Needs Its Last Nuclear Plant, Study Finds

A study published this week by researchers at Stanford University and the Massachusetts Institute of Technology found that California would reap significant financial and environmental benefits by keeping its last nuclear power plant operating for at least another decade.

The authors of the paper, published on Stanford’s website, cited grid reliability during the state’s statutorily mandated switch to 100% clean power by 2045 as a prime argument for operating Pacific Gas and Electric’s (NYSE:PCG) Diablo Canyon Power Plant beyond its scheduled retirement date in 2025. The state has struggled with capacity shortfalls in the past two summers, including rolling blackouts in August 2020, and anticipates up to a 3,000-MW shortfall next summer.

“It’s important to remember that this power plant produces 15% of California’s carbon-free electricity today and is responsible for 8% of the state’s total electrical production,” co-author and MIT professor John Lienhard said in a question-and-answer session with MIT News. “In other words, Diablo Canyon is a very large factor in California’s decarbonization. When or if this plant goes offline, the near-term outcome is likely to be increased reliance on natural gas to produce electricity, meaning a rise in California’s carbon emissions.”

Postponing the plant’s retirement to 2035 would reduce the state’s reliance on natural gas, cut carbon-emissions from electricity generation by 10% compared with 2017 levels, and save ratepayers $2.6 billion in electric costs, the researchers found. Operating the plant until 2045 could save up to $21 billion and “spare 90,000 acres of land use from energy production,” by eliminating the need for 18 GW of solar arrays, they wrote.

Using energy from the nuclear plant on the Central California coast to desalinate ocean water or produce hydrogen would be added benefits, the study found.

PG&E said it would continue working toward the plant’s retirement unless ordered to do otherwise.

“We are aware of the independent study performed by Stanford and MIT. PG&E is committed to California’s clean energy future, and as a regulated utility, we are required to follow the energy policies of the state,” it said in a statement to RTO Insider. “The state has made clear its position on nuclear energy, and the plan to retire Diablo Canyon Power Plant has been approved by the California Public Utilities Commission and the state legislature. Our focus therefore remains on safely and reliably operating the plant until the end of its NRC licenses, which expire in 2024 and 2025.”

The California Public Utilities Commission, which approved the plant’s retirement, said continuing to operate it would require costly upgrades and federal approval.

“The CPUC has not been briefed on the report, and no proposal has been made directly to the CPUC to revisit the 2018 decision to allow the plant to close down after its federal licenses expire in 2024 and 2025,” CPUC Spokesperson Terrie Prosper said in an email.

“To continue operating Diablo Canyon beyond 2025 would have required a license renewal from the federal Nuclear Regulatory Commission,” Prosper said. “As part of the renewal PG&E would need to make seismic upgrades. Those upgrades combined with required changes to the cooling systems to comply with state and federal water quality laws would likely cost more than $1 billion.”

The authors of the study said their research had concluded the plant, which sits near fault lines, could withstand severe earthquakes, tsunamis and other natural disasters without upgrades.

“We reviewed the latest NRC documentation on Diablo Canyon’s seismic risk,” the paper said. “This is summarized in a very recent NRC letter, which concludes that PG&E has demonstrated the plant’s capacity to withstand the types of seismic hazards re-evaluated after Fukushima. No further actions have been required by the NRC.”

The authors also cited 2014 estimates by Bechtel Power Corp. that the cooling system fixes could be done for as little as $456 million.

The study appeared to bolster the case of a group called Californians for Green Nuclear Power (CGNP), which has argued in recent years that extending Diablo Canyon’s operation is the most cost-effective option for supplying the state’s power needs and that nuclear power is more dependable than wind and solar, making it an essential provider of baseload capacity.

FERC dismissed a CGNP complaint in March after NERC, PG&E and others argued against the group’s challenge. CGNP’s complaint claimed, in part, that the closure of Diablo Canyon violated NERC and WECC reliability standards and contended the Electric Reliability Organization had failed to exercise appropriate oversight in the matter. (See FERC Dismisses Calif. Nuclear Complaint and NERC Blasts Calif. Nuclear Group’s Complaint.)

Diablo Canyon, which went online in 1985, consists of two nuclear reactors with a nameplate capacity of 2.3 GW. In 2019, it produced nearly 16.2 TWh of electricity accounting for about 10% of in-state generation, according to the U.S. Energy Information Administration.

Its closure has been in the works since 2016, when PG&E asked the CPUC to approve a plan, created in partnership with environmental, labor and anti-nuclear advocacy groups, to begin shutting down the plant in phases between 2024 and 2025. The utility intends to replace the aging nuclear plant with wind, solar and other carbon-free resources as a means of meeting renewable energy goals set by California’s legislature in 2018 under Senate Bill 100.

Lienhard told the university news service that he hoped the new study would cause PG&E and others to revisit and reverse the decision to retire Diablo Canyon.

“We believe that this report gives the relevant stakeholders and policymakers a lot of information about options and value associated with keeping the plant running, and about how California could benefit from clean water and clean power generated at Diablo Canyon,” he said.

NARUC Panelists Push for Software Documentation

Panelists at the National Association of Regulated Utility Commissioners’ annual meeting on Tuesday said the concept of a software bill of materials (SBOM) is attractive for the utility industry, but they warned that challenges remain for its implementation.

The SBOM idea has been getting more attention from the industry since its inclusion in President Biden’s Executive Order 14028, issued in May in response to the ransomware attack against Colonial Pipeline. (See Biden Directs Federal Cybersecurity Overhaul.) Biden’s order included a number of mandates, mostly aimed at federal agencies and their contractors, that were intended to improve cybersecurity preparedness in both the public and private sectors.

Participants in a panel on cyber supply chain security admitted to some surprise at the speed with which the SBOM concept has entered the popular lexicon.

“This has been a known idea for quite a while, but it’s really received a lot of traction lately. I don’t think two years ago I would have predicted we’d be in a conference talking about SBOMs and HBOMs [hardware bill of materials],” said Brian Barrios, vice president of cybersecurity and information technology compliance at Southern California Edison.

Tom-Deitrich-Judy-Jagdmann-(NARUC)-Content.jpgTom Deitrich, Itron (left) and Judith Jagdmann, Virginia State Corporation Commission | NARUC

The impetus behind the SBOM is similar to that of the HBOM, which came earlier. With HBOMs, the manufacturer provides a list of all the physical materials that went into a hardware product and where they came from; SBOMs are not physical products, but they are similarly composed of various subprograms and other components that, unlike in the 1980s and 1990s, are almost always not created by a single programmer or even a single company.

“If you’re a coder these days, a lot of times you’re spending energy taking code from other places and pulling it all together. You’re not really writing a ton of custom code yourself,” Barrios said. “If I’m dealing with millions of lines of code in a software product, [understanding] where did it all come from [and] who ultimately wrote that is an extremely complex question.”

But implementing SBOMs in the utility sector could be a challenge. Tom Deitrich, CEO of Itron, a developer of technology for the energy and water industries, pointed out that while physical components can be traced back to their origin or at least the previous step in the supply chain, determining the provenance of software code is much more difficult.

In the case of last year’s attack on the SolarWinds Orion network management platform, an attacker managed to infiltrate the update channel for the widely used software and insert its own code into patches that went out to thousands of users. How could the company produce a useful SBOM when it didn’t even know that the malicious code was in the product?

“A situation like SolarWinds is a place where some bad software got integrated with some good software,” Deitrich said. “If you were looking at a bill of materials only, you may not have found it. If you were scanning the binaries to truly understand what’s inside of it, you could have detected it.”

Matt-Wakefield-(NARUC)-FI.jpgMatt Wakefield, EPRI | NARUC

Matt Wakefield, director of information, communication and cybersecurity research at the Electric Power Research Institute, pointed out that Biden’s order focused on the IT space, but the greatest concern for many utilities is with operational technology, where software is more specialized and documentation may be scarce compared to more widely used products like SolarWinds.

“There’s much less maturity in [SBOMs] and [HBOMs] in the OT space and the technologies that we use to operate the grid, so we’re kind of a step behind,” Wakefield said.

To speed the process along, some observers have proposed using software to analyze code and determine its origins. However, like many software projects, putting this idea into practice has proven more difficult than anticipated.

“I read an article earlier this year that 2021 was going to be the year of the automated [SBOM],” Wakefield said. “I haven’t seen that occur yet.”

NYISO Shares Order 2222 Response with Stakeholders

NYISO on Monday presented stakeholders a subset of draft responses to FERC’s data request regarding its Order 2222 compliance.

NYISO’s response must explain how its distributed energy resource (DER) participation model complies with Order 2222 and propose additional tariff revisions, as necessary. The ISO has not identified tariff revisions required in order to respond to the commission thus far, said Harris Eisenhardt, market design specialist.

The commission on Oct. 1 gave CAISO and NYISO 30 days to explain details of the treatment of distributed energy resources and aggregations described in their Order 2222 compliance filings. It later granted NYISO’s request for an extension until Nov. 19 (ER21-2460). (See FERC Asks Details from CAISO, NYISO on Order 2222 Compliance.)

Market Rules

Most of the presentation focused on coordination between the ISO, aggregator and distribution utility, particularly the role of the utility.

One question concerned rules to prevent aggregators from receiving compensation twice for the same services (e.g., in an ISO market and a state program).

The commission asked, “What role, if any, will the distribution utility play in helping NYISO verify that an aggregator is not providing the same or substantially similar service in the NYISO-administered markets?”

As previously stated in its filing, Eisenhardt said, NYISO plans to rely on aggregators’ self-attestations that their DERs are not double dipping.

One stakeholder said that some answers for the attestations may require a level of operational detail that might not necessarily be known or could still be in flux at the time of enrollment and asked whether it would be necessary to amend the attestation if circumstances changed.

Eisenhardt said there will be a document to provide guidance on which programs are compatible with specific NYISO services.

“It is the expectation of NYISO that the aggregator would be able to use that during enrollment to make an informed decision on what the planned operation of the aggregation and individual DER would be and that it would not conflict or that they do not believe it would conflict with the services as laid out in that guidance document,” Eisenhardt said. “If there were modifications following the attestation, NYISO would expect there would be an amendment and would be informed of those changes as needed.”

Another market participant said that while Order 2222 directs that the utility should have up to 60 days to complete evaluation of whether there would be any safety or reliability impacts to its distribution system, it did not specify what happens at the end of the 60-day window if there are issues that take longer to evaluate.

NYISO has dispute resolution procedures in its tariff already that could be reset for Order 2222 compliance, if necessary, NYISO senior attorney Greg Campbell said.

“We’ll see if the commission would like us to enhance those. I think that they are sufficient as is, but more specifically, NYISO will be the one making the final decision on whether a DER can participate in its markets,” Campbell said. “That decision will be informed by information provided by the utilities as well as by the aggregator and by others, so if the aggregator feels as though it needs to, it can invoke those dispute resolution procedures in section 11 of the NYISO services tariff.”

Implementation Details

One stakeholder asked how transmission node mapping will be made available to market participants.

The ISO plans to put out a list of all the transmission nodes for the New York Control Area, said Michael Ferrari, market design specialist. Developers will have to work with the transmission owner to find out how nodes map up.

“From the NYISO’s perspective, we were identifying the points on the transmission system, but the mapping from distribution to transmission will have to go through the transmission owner, so presumably the question of whether or not there will be some tool available will be one that needs to be put to the individual distribution utilities,” Ferrari said.

If the commission authorizes the ISO and the distribution utilities to take 90 days to evaluate changes to a DER aggregation, — which is the 30 days the commission has already authorized the ISO to take to evaluate changes and then a 60-day evaluation by the distribution utility — NYISO is going to have to change its timing for updating the transmission node list, Campbell said.

“We previously said we would provide at least 90 days’ notice of transmission node changes prior to the beginning of the capability year. Clearly, if an aggregator needs to notify the ISO 90 days before they can take effect, we need to bump up the timing of publishing transmission node changes,” Campbell said. “One hundred fifty days prior would provide sufficient lead time.”

The ISO expects to release the number of nodes for deployment by the end of this year or the first quarter of next year, and DER deployment is still anticipated for the fourth quarter of next year, Ferrari said.

P3 Seeks 3rd Circuit Review of PJM MOPR

The PJM Power Providers Group (P3) on Friday petitioned the 3rd U.S. Circuit Court of Appeals to review PJM’s narrowed minimum offer price rule (MOPR) after FERC deadlocked on issuing a decision on the RTO’s proposal.

PJM’s narrowed MOPR automatically took effect Sept. 29 because the commission’s four members were evenly divided over it. The rule now only applies to resources connected to the exercise of buyer-side market power or those receiving state subsidies conditioned on clearing the RTO’s capacity auction. (See FERC Deadlock Allows Revised PJM MOPR.)

The America’s Water Infrastructure Act, signed into law by President Donald Trump in October 2018, added a provision to Section 205 of the Federal Power Act to allow for judicial review if FERC fails to act on the merits of a rehearing request within 30 days because the commissioners are divided 2-2. P3 and other stakeholders had filed rehearing requests last month (ER21-2582).

P3 said the 3rd Circuit, based in Philadelphia, is the “most appropriate venue for judicial review” because of its proximity to PJM, based in Valley Forge, Pa. P3 also said the court has the “most direct experience” regarding FERC’s prior orders on the MOPR and its “interaction with state subsidies designed to promote preferred resources.”

The water act also required each commissioner to issue a statement explaining how they would have voted and why if the commission fails to act.

FERC Chair Glick and Commissioner Allison Clements, both Democrats, said the commission’s past decision on PJM’s expanded MOPR “created a Byzantine system of administrative pricing — unprecedented in both scope and complexity — that would have imposed on consumers billions of dollars in unjustified costs.” (See ‘Good Riddance’ to Old PJM MOPR, Glick Says.)

Republican Commissioners James Danly and Mark Christie opposed the proposal, with Danly calling it “irredeemably inconsistent” with the FPA.

The commission would be unable to order a rehearing if the 2-2 deadlock continues. D.C. Public Service Commission Chairman Willie Phillips’ nomination for FERC’s vacant fifth seat is pending before the full Senate for a final vote. (See Senate Energy Committee Advances Phillips.) Phillips may decide to recuse himself from the MOPR proceeding, however, because the D.C. PSC filed comments supporting PJM’s proposal.