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New England Market Price Suppression Complaint Draws Mixed Comments at FERC

By Bud Earley on January 28, 2014
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An earlier post discussed a complaint filed at FERC by the New England Power Generators Association (NEPGA) arguing that one of New England’s capacity market rules “will have a catastrophic impact on clearing prices” in the  upcoming February 3 capacity market auction.  NEPGA’s concern is that a large, high-cost generating plant will be counted toward the capacity to be acquired and will be entered in the auction at the low end of the supply curve, thereby artificially suppressing prices.  NEPGA wants the rule changed so that the capacity is not counted in the auction.  The auction-based wholesale electricity capacity market operated by ISO New England secures one-year commitments to supply electricity three years ahead of time.

Comments both supporting and opposing the requested relief have been filed.  Parties opposed to the complaint raise the following:

  • Changes to the market rules should go through the stakeholder process.  FERC should not act on last-minute complaints that bypass that process and change rules that can have consumer and market consequences.  Stakeholders are discussing rule changes on this topic but nothing has been agreed.
  • The market rules reflect a balancing of stakeholder interests.  It is inappropriate to change just one rule without considering the impact on the integrated package of rules.
  • There is no need for urgency.  The rule has been in effect for over five years and it anticipates that generators would retire.  In fact, substantial amounts of capacity have been retired before prior auctions and the potential for substantial retirements has been discussed as a strategic risk.
  • Granting the complaint will set a bad precedent by encouraging parties to file last minute requests for rule changes to get more favorable market outcomes.

Parties supporting the complaint raise the following additional points:

  • The 1,500 MW of capacity at issue is 4.5% of the needed supply and putting it at the low end of the supply curve will push out 71% of new resources participating in the auction.
  • Timely resolution is needed for investors to have confidence in the supply and demand parameter of the New England market.

FERC has an ongoing proceeding to consider how the capacity markets in the northeast U.S. are performing.  Accordingly, FERC’s response to the NEPGA complaint will be closely watched.

Photo of Bud Earley Bud Earley

Bud Earley, a non-lawyer senior advisor, provides analysis and advice on a wide range of federal and state energy regulatory issues, including transaction and rate issues, regional transmission organization (RTO) tariffs and rules, interconnection, retail choice and demand response for electricity customers…

Bud Earley, a non-lawyer senior advisor, provides analysis and advice on a wide range of federal and state energy regulatory issues, including transaction and rate issues, regional transmission organization (RTO) tariffs and rules, interconnection, retail choice and demand response for electricity customers, a natural gas pipelines and hydroelectric facility licenses, and LNG export authorizations.

Working with Covington teams, Mr. Earley has provided expert advice and analysis to investment firms, utilities, independent power producers, project developers, customers, marketers and U.S. and international energy companies,

Prior to joining Covington, Mr. Earley served for over 30 years in various staff positions at the Federal Energy Regulatory Commission (FERC). While at the FERC, Mr. Earley was instrumental in developing and applying policies regarding the transition of the electric utility industry to competition, including policies regarding independent power producers, transmission access, standard generator interconnection procedures, organized electricity markets, mergers and market-based rates.

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  • Posted in:
    Energy and Utilities
  • Organization:
    Covington & Burling LLP

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