Protest of the Clean Energy Industry Associations of ISO-NE's Request for Waiver of Tariff Provisions

Posted: May 23, 2018 - 10:53 / ISO-NE / ESA Filings

Pursuant to Rule 211 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (“Commission” or “FERC”), the American Council on Renewable Energy, American Wind Energy Association, Energy Storage Association, RENEW Northeast, and Solar Energy Industries Association (collectively, “Clean Energy Industry Associations”) respectfully submit this protest to ISO New England’s (“ISO-NE”) Petition for Waiver of Tariff Provisions (“Petition”). The Petition: (1) does not meet the Commission’s standard for granting waiver requests and (2) runs counter to settled Commission precedent regarding the criteria that must be satisfied before it will approve the issuance of a reliability-must-run (“RMR”) cost-based rate contract.

As explained more fully below, the Commission should reject the Petition because ISO-NE fails to meet the high bar necessary to support out-of-market action, particularly through the procedural vehicle of a request for waiver of existing tariff provisions. The Clean Energy Industry Associations believe competitive market solutions should be relied on, where at all possible, to supply any identified reliability needs. The Commission must ensure that out-of-market solutions are only employed as a backstop to competitive market solutions. For the foregoing reasons and those discussed further herein, the Clean Energy Industry Associations encourage the Commission to reject the Petition.

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