Monday,
November 19
November 19
D.C. Circuit ISO-NE Retirement Reforms Court Challenge
A federal appeals court is scheduled to hold oral arguments in a challenge against FERC for approving ISO New England Inc.’s revisions to capacity market rules regarding resource retirements. The change provides a means for capacity suppliers to price the potential retirement of resources and mitigate possible market power exercised through premature retirements of economic resources. The grid operator found that when capacity supply conditions are tight, a supplier could seek to retire an economic resource to reduce available supply and increase prices to benefit the rest of its resource portfolio. Petitioners argue that the rule allows ISO-NE rather than the supplier to file retirement bids, depriving capacity suppliers of rate-filing rights under section 205 of the Federal Power Act. The case is Exelon Corp. v. FERC (17-1275).