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November 20, 2024

CPUC Program ‘Runs Afoul’ of PURPA, Court Rules

By Robert Mullin

In a decision that could boost small solar development in California, a federal appeals court last week struck down a state program that sets the terms by which investor-owned utilities must contract with alternative energy suppliers.

The decision by the 9th U.S. Circuit Court of Appeals found California’s Renewable Market Adjusting Tariff (ReMAT) program violates the Public Utility Regulatory Policies Act by capping the volume of energy that utilities must purchase from qualifying facilities and setting contracts at a market-based rate rather than one based on a utility’s avoided cost. The ruling affirmed a district court opinion.

“The district court observed that ‘despite the complex regulatory and factual background’ in this case, ‘the key legal issues turned out to be straightforward.’ We agree,” Judge M. Margaret McKeown wrote in the appellate panel’s opinion.

CPUC
| © RTO Insider

The case arose when Winding Creek Solar, a QF seeking to develop a 1-MW solar facility in Lodi, Calif., contested the ReMAT program, which the California Public Utilities Commission implemented in 2013 to set a market-based rate for energy generated by QFs.

After Winding Creek unsuccessfully challenged ReMAT at FERC, it filed suit in the U.S District Court for the Northern District of California, which issued a summary judgment in favor of the company but declined to grant its preferred remedy of receiving the initial $89.23/MWh contract price offered under ReMAT at the program’s inception. The QF then appealed that decision to the 9th Circuit for further review.

‘Essentially an Auction’

The legal questions over ReMAT came down to its design, which was intended to bring an element of competition to QF contracting while providing suppliers with access to a market.

Under the program, QFs in a given utility service territory are placed into a queue on a first-come, first-served basis. Every two months, in what the court described as “essentially an auction,” the utility offers to contract with QFs at the front of the queue at a predefined price. QFs are free to accept or reject the contract, and those choosing the latter can hold their place in the queue until the next round of offerings two months later.

The CPUC caps the volume of energy the state’s three large investor-owned utilities must buy through the program at 750 MW, which is divided among the IOUs based on their share of peak load. Each utility is additionally allowed to subtract from its share any energy that it purchases under other CPUC programs.

The Winding Creek facility would be sited in the territory of Pacific Gas and Electric, which is obligated to purchase about 150 MW of energy under ReMAT, divided equally among “baseload,” “non-peaking as-available” and “peaking as-available” generation. Winding Creek falls under the last category.

The court pointed out that PG&E is obligated to purchase no more than 5 MW of energy from each category over a two-month period, allowing it to halt contract offers after reaching the caps.

The ReMAT program also functions as a kind of dynamic price-setter for QF contracts. While the CPUC initially set a QF contract price of $89.23/MWh for peaking as-available generation, ReMAT prices can adjust every two months based on the willingness of QFs to accept contracts at the price offered during the previous bidding interval. If QFs collectively offer less than 1 MW of energy during a two-month period (and there are at least five unaffiliated QFs in the queue), the price rises for the next interval; if QFs supply more than 5 MW, the price declines. In cases when QFs supply 1 to 5 MW, the price remains unchanged. Prices adjust based on a formula provided by the CPUC.

When Winding Creek was accepted into the ReMAT program in 2013, it was not placed near the top of the queue and did not receive the initial $89.23/MWh price. By the time it received an offer in March 2014, the contract price had fallen to $77.23/MWh, which the developer rejected because it could not operate the facility at that price.

Two Wrongs

The 9th Circuit first took issue with ReMAT’s cap on the amount of energy utilities must purchase from QFs, calling it impermissible because it violates PURPA’s “must-take” provision.

“As a result [of the cap], a utility could purchase less energy than a QF makes available, an outcome forbidden by PURPA,” the court found.

The court further determined that ReMAT’s pricing scheme “runs afoul” of PURPA’s requirement that utilities contract with QFs at their avoided cost rate (ACR). While acknowledging that state agencies have flexibility in calculating that rate, the court said “the ReMAT price, which is arbitrarily adjusted every two months according to the QFs’ willingness to supply energy at the predefined price, strays too far afield from a utility’s but-for costs to satisfy PURPA.”

The court went on to reject the CPUC’s argument that its other PURPA program, known as the “Standard Contract,” provides QFs a sufficient alternative to ReMAT. While that program offers an ACR based on a six-variable formula, the court found that three of the six “are impossible to determine at the time of contracting.”

“The Standard Contract violates PURPA because it fails to give QFs the option to calculate avoided cost at the time of contracting,” the court said.

The court pointed out that PURPA mandates that QFs be given a choice of calculating the avoided cost at either the time of contracting or time of delivery.

“The bottom line is that two wrongs don’t make a right. Because neither option offered by the CPUC is PURPA- compliant, California’s regulatory scheme is pre-empted by federal law.”

But the appellate court also did not provide full satisfaction to Winding Creek, agreeing with the lower court’s decision that it would not be offering “equitable relief” by granting the QF a contract at ReMAT’s initial $89.23/MWh price.

“Indeed, it would be inappropriate to order a non-party to contract with Winding Creek under a modified version of the very program the court had just determined to be pre-empted by federal regulation,” the court found. “It is not the court’s job to fashion a new contract to Winding Creek’s liking.”

MISO Firming Up 1st SATA Ruleset

By Amanda Durish Cook

MISO is nearing its goal of an October FERC filing to solidify its first, limited set of storage-as-transmission assets (SATA) rules.

“There’s a number of complicated issues, and we can’t make promises … but I think we’re making good progress,” MISO Director of Planning Jeff Webb said of the filing target during an update at a Reliability Subcommittee meeting Thursday.

Webb said MISO staff are currently drawing up Business Practices Manuals to pair with its Tariff filing so the rules can be implemented soon after approval.

The RTO is also promising another, more comprehensive set of SATA rules in the future that would allow for concurrent use of resources as both transmission and generation.

MISO
Energy storage in Minnesota | Connexus Energy

One Wisconsin battery project is so far striving for SATA treatment in MISO’s 2019 Transmission Expansion Plan (MTEP 19). (See MTEP 19 Could Yield First MISO SATA Project.)

Webb said owners of storage projects selected in the MTEP will enter into transmission owner agreements and become registered TOs, if they aren’t already.

MISO is holding firm that it’s not yet ready for storage that can simultaneously provide transmission services and offer into the energy market.

“It’s rather more complicated when it’s earning two revenue streams,” Webb said.

He also said MISO considers the discussion closed on DTE Energy’s proposal to allow non-TOs to own and operate SATA. (See MISO Limits Storage as Transmission Asset Ownership.)

But Webb also called MISO’s filing a “placeholder” for a more exhaustive approach that allows electric storage to function as both transmission and energy. For now, though, the aim is to “keep it simple,” prohibiting SATA from participating in markets, thus drawing a line between how storage is treated under FERC Order 841 and how it will be considered as transmission in the MTEP study process.

“We’re trying to get to a place where, yes, you may have a battery in MTEP … and be able to also earn market revenues,” Webb told stakeholders. “We fully expect that will be the end result.”

MISO
AES battery storage | AES

WEC Energy Group’s Chris Plante asked how MISO will account for the limited, three to four hours of discharge that batteries can provide in reliability planning.

Webb said the duration of storage discharge will be a key consideration in the transmission planning process.

“If we don’t have the confidence that a storage device can ride through a peak load period, we just wouldn’t pick it,” Webb explained.

Customized Energy Solutions’ David Sapper said he still wasn’t convinced that a storage device managing transmission constraints won’t have impacts on the energy market.

“It is important to establish what it should and shouldn’t be used for,” Webb responded.

MISO will hold final stakeholder discussions on its SATA filing at Planning Advisory Committee meetings on Aug. 14 and Sept. 25.

Eversource Earnings Go South on Northern Pass

By Michael Kuser

Eversource EnergyEversource Energy’s earnings fell sharply last quarter after the company was forced to write off $204 million from its investment in the failed Northern Pass transmission project — but its fortunes are looking more promising offshore.

The company last week reported second-quarter earnings of $31.5 million ($0.10/share), compared with $242.8 million ($0.76/share) in the same period a year ago.

“The Northern Pass impairment was a difficult step for us to take given the economic and environmental benefits the project could have brought to New England, but it does not take away from the fact that 2019 has been very positive for Eversource,” CEO Jim Judge said in a statement.

Excluding the impairment, Eversource earned $235.9 million ($0.74/share) in the quarter.

The company’s transmission segment, excluding the impairment, earned $117 million during the period, compared to $112.7 million a year earlier, while the distribution segment took in $105.4 million, up from $101.3 million.

Offshore Wind Looks Bright

New York last month awarded Eversource and its partner Ørsted an 880-MW contract for the offshore Sunrise Wind joint venture.

The company is targeting an in-service date of 2024 and signed a memorandum of understanding with Consolidated Edison and the New York Power Authority on the related transmission facilities, CFO Phil Lembo told analysts during a call Thursday.

The companies also jointly own the 130-MW South Fork project, 30 miles off Montauk, Long Island.

This map shows the lease areas of the two offshore wind projects awarded by New York on July 18: the 816-MW Empire Wind and 880-MW Sunrise Wind. | NYSERDA

In Rhode Island, state regulators in June approved a 400-MW contract for a portion of the companies’ offshore Revolution Wind project. Connecticut regulators had previously approved a separate 200-MW contract for the project and are reviewing a deal for another 104 MW, Lembo said.

He noted that Massachusetts issued its second offshore wind request for proposals of at least 400 MW in May.

“But as they did in the first RFP, they said bidders can also offer up to 800 MW or as little as 200 MW of offshore wind,” Lembo said, adding that Eversource and Ørsted are developing and refining appropriate bid strategies for both Massachusetts and Connecticut, which is seeking another 2,000 MW of OSW by 2030.

Massachusetts lawmakers passed a bill Wednesday that lifts the price cap on OSW solicitations for one year, which prior legislation had mandated must get progressively cheaper.

“For this upcoming solicitation, the cap in Massachusetts is removed, and I think that’s just recognition that there’s many things that they hadn’t thought of at the time when the cap was instituted, but they still are focused on cost going forward,” Lembo said.

State Updates

Lembo said the company is also focused on grid modernization in Connecticut, awaiting a decision by regulators on advanced metering infrastructure. The state’s legislature clarified existing statutes to explicitly allow regulated utilities to build and operate energy storage facilities that can be shown to benefit customers, he said.

Connecticut is also in the process of raising the number of commissioners on its Public Utilities Regulatory Authority from to five, Lembo noted.

“So right now, we believe [grid modernization] is certainly one of the issues that is on the front burner of the agenda at the PURA, but it’s hard to say precisely when we expect it … we do expect it to come out this year,” he said.

In Massachusetts, the company is on pace to complete a $45 million capital program to install more than 3,500 electric vehicle charging ports by the end of next year, Lembo said.

“We are poised to propose a similar electric vehicle charging program in Connecticut, pending guidance from regulators on a broader review of grid [modernization],” he said.

Call transcript courtesy of Seeking Alpha.

SPP Board Approves HITT’s Recommendations

By Tom Kleckner

DES MOINES, Iowa — Following two days of spirited discussion, SPP’s Board of Directors on Tuesday approved a package of 21 recommendations intended to integrate the expansion of renewable energy, boost reliability, and improve transmission planning and the wholesale market.

The recommendations are the product of a final report by the Holistic Integrated Tariff Team (HITT), created last year by the board and Members Committee to review a whole host of the RTO’s models, processes and operations.

SPP
Texas PUC Chair DeAnn Walker questions SPP staff during an RSC meeting. | © RTO Insider

Some stakeholders pushed back against the HITT’s recommendation to decouple transmission pricing zones and create new deliverability subregions, suggesting further evaluation is needed. Others expressed their concern with the “all-or-nothing” approach to the recommendations’ approval, saying no one can predict their effect on a “holistic” basis.

Sensing a repeat of the discussion that took place the day before in the Regional State Committee (RSC), board Chair Larry Altenbaumer stepped in and urged the Members Committee to have faith in SPP’s stakeholder process.

“We have a stakeholder process that works,” he said. “Time after time, the stakeholder process … has delivered on results and done a good job of representing the interest of the stakeholders. It would be a disservice to the HITT team and its work to modify their recommendations.”

The 20-member committee supported the recommendations by a 17-2 vote, with Oklahoma Gas and Electric and City Utilities of Springfield (Mo.) opposing. Missouri’s Liberty Utilities abstained.

SPP
Greg McAuley, OG&E | © RTO Insider

OG&E filed a seven-page letter with the board outlining its opposition to the HITT report (“misplaced” cost-allocation recommendations, “arbitrarily” shifting costs between zones and the “sheer number” of proposed changes). Greg McAuley said his company had concerns about the stakeholder process, given the potential increase in members without concerns for ratepayers, such as financial players and merchants.

McAuley echoed comments by SPP CEO Nick Brown, who said, “We’ve never seen the magnitude of change in our industry than we’ve seen over the last five years,” when he addressed the head table just before the vote.

“This puts all the ratepayers in this footprint in a vulnerable position, especially with the changes that are coming,” McAuley said. “Things are changing, Nick, more quickly than any of us can comprehend. If we move forward without caution in this, I think the consequences will be more significant than anything we’ve seen in the highway/byway [cost allocation] process.”

Springfield’s Jeff Knottek focused his comments on the HITT’s recommendation that SPP “should” separate its Schedule 9 and 11 transmission pricing zones, allowing the creation of larger Schedule 11 pricing zones and/or Schedule 9 sub-zones. The team noted the zones are largely based on legacy zones that predate SPP’s RTO status in 1994 or date to when transmission owners joined.

“We are a bit leery. I don’t see any words or discussion here of unintended consequences,” Knottek said. “I wish it would say ‘evaluate’ or ‘further study.’ [‘Should’ is] an action term that means go forward and do it.”

Holistic Integrated Tariff Team recommendations | SPP

Regulator Reluctance

Regulators made similar comments during Monday’s joint stakeholder meeting.

OCC Commissioner Dana Murphy | © RTO Insider

“My concern is overarching. Words matter,” said Oklahoma Corporation Commissioner Dana Murphy, who also filed a letter with the board urging caution. “When I looked at the executive summary, the language made this like, ‘Here’s the implementation plan. Here’s what we are going to do.’ I don’t think the report should tell the RSC to create this, do this. There are a lot of moving parts here.”

“When we try to approach issues at the commission level, we don’t try to throw too many fixes at something at one time, when one or two may fix it,” Texas Public Utility Commission Chair DeAnn Walker said. “I’d like to be able to move forward without throwing too much at this. You’re saying decouple and create. You’re telling the world what to do, and I don’t think that’s appropriate.”

Kansas Corporation Commissioner Shari Feist Albrecht, who served on the HITT, said there is some flexibility within the report.

“It seems like the report builds in the possibility that the RSC may actually reject the recommendation,” she said. “It builds in the uncertainty that exists within the RSC of approving or disapproving.”

Nebraska Public Power District’s Tom Kent, who chaired the HITT, said he was not surprised by the pushback.

Tom Kent, NPPD | © RTO Insider

“These comments are to be expected,” he said. “Any time an organization goes through change — and this represents the beginning of change — it’s a hard thing to do. Change management becomes critical.”

Saying the HITT effort was the “most significant event of my 37-year career,” Brown said he begged Altenbaumer for the privilege to motion for the recommendations’ approval.

“This is what was needed. We’ve played a game of whack-a-mole for eight years. We’ve seen an issue and tried to hit it with a single team,” he said. “Many of the attributes in our Tariff are relics from 1997. To maintain some of that thinking in today’s world is not a viable option at all.

“I sensed, as the report was coming to a head, a lot of discomfort with the pace of change,” he added. “My argument is that the pace of change is not going to ease up. If that makes you uncomfortable, my suggestion is you better get used to it.”

SPP
Rob Janssen, Dogwood Energy | © RTO Insider

Kent and HITT Vice Chair Rob Janssen, of Dogwood Energy, reminded stakeholders that nine of the recommendations do urge further evaluation. However, 12 of its recommendations require action that will take place within SPP’s working groups.

“I feel like the product we provided to the board is a new platform for operations,” Janssen said. “The HITT team could have done more; it could have gone on longer. [We] saw 12 clear solutions we could come to consensus on. Some issues in the report are still fairly complex, with a lot of details to work out. I think the stakeholders are up to that challenge.”

Janssen said he and other team members have been meeting with SPP’s working groups over the past three months. “They are ready to get going,” he said. “They all want to know what the result of this meeting is so they can get going and start tackling the recommendations.”

‘Finest Hour’

The HITT team, which began meeting in April 2018, is composed of 15 directors, members and regulators. They met 17 times, reviewing SPP’s cost-allocation model, transmission planning processes, the Integrated Marketplace and real-time operations. (See SPP’s Tariff Team Begins Carving up the Elephant.)

The group divided its recommendations into four categories: reliability; marketplace enhancement; transmission planning and cost allocation; and strategic, the last of which included developing an energy storage white paper. Those recommendations have been parceled out to many of SPP’s stakeholder groups.

In praising the group’s work, Golden Spread Electric Cooperative’s Mike Wise pointed to SPP’s nearly $10 billion in transmission investment that have left consumers with “very high fixed costs … embedded in their rates” and a footprint that touches Canada and nearly Mexico.

“I’ve been involved with SPP for 23 years,” he said. “This really is SPP’s finest hour. I love what we have done.”

Timeline by date (proposed) | SPP

Kent, who likened the team’s work to eating an elephant (“one bite at a time”) was asked if the HITT had finished devouring the beast.

“There’s still a lot of work that has to happen in the stakeholder process to take these recommendations and turn them into implementable actions,” he said. “But we got enough bites to give good direction to the stakeholder groups to improve things to the benefit of the organization.”

The Markets and Operations Policy Committee is already working on creating a task force to address the HITT’s direction to develop a policy that “creates an appropriate balance” between the cost and value of SPP’s energy resources interconnection service (ERIS) and network resources interconnection service (NRIS) interconnection products, and generation with long-term firm service.

The task force would be composed of three or four representatives each from the Transmission and Supply Adequacy working groups, two members of the RSC’s Cost Allocation Working Group, and three or four independent power producers.

Of course, it could also potentially add yet another acronym to SPP’s lexicon: NED (NRIS, ERIS and Deliverability).

Study Challenges PJM Energy Storage Rule

By Christen Smith

A new study has concluded that PJM’s proposed 10-hour rule for energy storage resources (ESRs) participating in the capacity market is “unnecessary and unduly restrictive.”

Astrapé Consulting released the analysis July 15 — funded by the Energy Storage Association and the Natural Resources Defense Council — that backs up claims from critics that PJM’s plan for integrating ESRs by mandating a 10-hour continuous runtime in order to collect their full share of capacity payments will inhibit participation and make the grid’s renewables expansion more difficult.

“Storage is a key technology enabling a low-carbon grid,” Tom Rutigliano, a senior advocate with NRDC’s Sustainable FERC Project, said in a July 15 news release. “This study agrees with many others in showing that batteries are an effective replacement for power plants. It also underscores the importance of FERC’s commitment to ensuring that rules developed for older technologies do not become barriers to storage.”

PJM
| IPL

All six jurisdictional RTOs and ISOs are facing a December deadline for compliance with FERC Order 841, which requires them to revise their market participation models to allow storage resources 100 kW and larger to provide capacity, energy and ancillary services within their technical capability.

Earthjustice attorney Kim Smaczniak told RTO Insider in April that FERC’s request for more information on PJM’s storage rules — particularly whether a “capacity storage resource” is included in the definition of a “generation capacity resource” and whether one unit can serve as both — suggests the commission is “pushing back” on the 10-hour requirement. (See FERC Asks RTOs for More Details on Storage Rules.)

It’s not yet clear how or when FERC will rule on the compliance filing, but some critics suggest an approved 10-hour rule could spur additional legal challenges.

Rutigliano told RTO Insider he couldn’t comment on whether NRDC would be part of that battle but hoped the study results would encourage PJM to reconsider.

“We would certainly be open to PJM asking FERC to hold off for a few months so this could go back through the stakeholder process,” he said.

PJM’s 10-hour rule remains the highest requirement proposed among RTOs/ISOs (ER19-469). ISO-NE sought only a two-hour minimum, while NYISO proposed four. PJM says the runtime corresponds with existing reliability standards, noting that it must “remain impartial in administering the markets.”

“This requires a common set of standards that provide a level playing field for all resources to fairly compete,” PJM spokesperson Jeff Shields said.

‘Different Needs at Different Times’

Except, critics argue, the 10-hour rule is anything but impartial.

“The purpose of the capacity market is to ensure reliability, not subsidize generation,” Rutigliano said. “PJM’s claims that it needs to purchase baseload capacity to meet very rare peak loads defies engineering reality and wastes ratepayers’ money. If the capacity market is unable to recognize the reliability value of different technologies, that shows the need for market reform rather than providing any justification for discounting storage.”

Astrapé’s results show that energy storage deployments of up to 4,000 MW with just four hours of duration can provide full capacity value relative to a resource without time constraints. Similarly, ESR deployments up to 8,000 MW with six-hour runtimes can replace traditional generation sources megawatt-for-megawatt with no impacts on reliability, the study concluded.

“The grid has different needs at different times,” Rutigliano said. “PJM ignores that and says every plant needs to be a peaker.”

PJM, however, said the study rehashes old points and suggests the organization should create an “unduly discriminatory” standard that lowers the bar for some resources and not others. It further points out that its proposal is based on a FERC-approved capacity construct and would spur innovation, not stifle it.

“Having longer duration requirements could encourage developers to make longer-lasting batteries,” Shields said. “We saw the demand response industry find innovative ways to meet our standards and compete in the market, for instance.”

The study further suggests that a 10-hour requirement ignores the historical reality of PJM’s systemwide performance assessment periods. Since 2011, only one event lasted beyond six hours: a primary reserve warning Jan. 7, 2014, that was triggered by the polar vortex, lack of access to firm fuel and other forced outages that rendered 40 GW unavailable. Astrapé notes that these issues would not trigger battery outages and that “a system with more homogeneous resources is more susceptible to these coincident issues than one which contains more heterogeneous resources with different categories of constraints.”

“While caution is warranted in using historical data to justify duration requirements since the system will be evolving, the primary takeaway is that the duration of reliability concern does not necessarily match the shape of the load,” the study reads.

PJM noted that while Astrapé’s conclusions are potentially “worthy of future analysis,” they are “not based on an approach approved by the commission.”

Xcel Earnings Call Focuses on Clean Energy

By Tom Kleckner

Xcel Energy stressed its renewable credentials Thursday following the release of its second-quarter earnings, detailing recent developments that will lessen its reliance on fossil fuels.

“We are excited by the opportunity to create a cleaner sustainable energy future for our customers,” CEO Ben Fowke said during a conference call.

In July, the company filed with the Minnesota Public Utilities Commission its Upper Midwest resource plan, which calls for the retirement of the King and Sherco 3 coal plants, extending the life of the Monticello nuclear plant to 2040, and the acquisition of a combined cycle natural gas facility and construction of another. The plan would also add 4 GW of solar and 1.2 GW of wind energy as a replacement for the closed plants, putting its Northern States Power Company-Minnesota subsidiary on a path to be 100% carbon-free by 2050.

A second Xcel subsidiary, Southwestern Public Service, energized the 478-MW Hale Wind Project on time and under budget, the company said. Another wave of renewable projects is expected to be completed between 2019 and 2021. In Colorado, the legislature passed a bill that will allow Public Service Company of Colorado to pass on the cost of its plans to reach 80% and 100% carbon-free electricity by 2030 and 2050, respectively.

Xcel Energy
Xcel’s Hale Wind Project | Xcel Energy

The positive news was offset by Xcel’s earnings, which fell 7 cents short of Zacks Equity Research’s expectations. The company reported earnings of $238 million ($0.46/share), a drop from last year’s $265 million ($0.52/share).

Executives blamed the showing on unfavorable weather and increased depreciation, interest, and operating and maintenance expenses.

Fowke said the company is still “well positioned” to deliver earnings at or above the midpoint of its 2019 guidance range of $2.55 to 2.65/share. “We are very confident we will deliver on our financial objectives as we have in the past,” he said.

Investors reacted positively, driving Xcel’s stock price up $1.91 to $60.76.

Talen Energy to Pay $1M for Violating Clean Water Act

By Christen Smith

Talen Energy this week agreed to pay a $1 million fine after toxic waste from one of its Pennsylvania coal plants seeped into groundwater and the nearby Susquehanna River.

The settlement comes as part of a consent decree ordering the company to close and excavate its last remaining unlined coal ash pond at the Brunner Island plant in York Haven, where some 442,000 tons of combustion waste piles up each year.

“We are proud to have been able to reach an amicable settlement that will promote transparency, accountability, and, most importantly, environmental protection,” said Mary Greene, deputy director of the Environmental Integrity Project. “Talen Energy deserves credit for stepping up to the plate and agreeing to measures that should significantly reduce pollution.”

“Talen is committed to complying with all environmental regulations and will continue to focus on the safe, efficient and reliable operation of our plants,” Debra Raggio, the company’s senior vice president of regulatory and external affairs, said in a statement Wednesday.

Talen Energy
Talen Energy agreed to pay a $1 million civil penalty for toxic waste seepage from its Brunner Island plant that polluted the Susquehanna River in York County, Pa. | Talen Energy

EIP, in conjunction with the Pennsylvania Department of Environmental Protection, last year filed suit against Talen in federal court on behalf of three local environmental groups — Lower Susquehanna Riverkeeper Association, Waterkeeper Alliance and PennEnvironment — who claimed the company violated the Clean Water Act by improperly disposing of coal ash waste and polluting the Susquehanna, the Chesapeake Bay’s largest tributary. The groups also appealed a state board’s decision to reissue Talen’s National Pollutant Discharge Elimination System (NPDES) permit.

Talen agreed to the settlement on Wednesday, which requires the company to pay the fine, clean up the offending ash pond, monitor other waste sites for pollution seepage and contribute $100,000 to fund other local projects aimed at reducing water pollution.

“This enforcement action is one of historic proportions, since it’s the largest penalty ever assessed at a coal ash pollution site in Pennsylvania history,” said David Masur, executive director of PennEnvironment. “We are glad to see DEP working with citizen groups to reach this important settlement for the good of the commonwealth.”

Brunner Island began operating in 1961 as a coal-fired power plant. For decades, the company disposed of toxic coal ash waste in seven unlined ponds and a landfill spread across 367 acres wedged between two river tributaries known as Black Gut and Conewago creeks. Environmental groups argue the ponds allowed boron, lithium and arsenic — a known carcinogen — to seep into the groundwater, the creeks and — ultimately — the Susquehanna.

Talen discontinued using its last remaining pond in June and will accelerate plans for excavation in accordance with the settlement, disposing of all leftover waste by Dec. 31, 2031. The company must also perform regular testing to ensure the liner and leachate collection system at its landfill site remain functional. Doing so will keep the plant in compliance with its NPDES permit.

Lisa Hallowell, senior attorney for EIP, said the agreement will “reduce the impact of toxic coal ash pollution on ground and surface waters, better control the plant’s wastewater discharges, ensure discharge of heated water is protective of aquatic life, and improve water quality for the Lower Susquehanna River and its tributaries.”

Raggio said the settlement — still awaiting approval from the U.S. District Court for the Middle District of Pennsylvania — is memorialized in the consent decree and demonstrates the company’s willingness to proactively maintain compliance with its permits. Talen also converted much of the plant’s output to natural gas in 2016, but the company expects it will continue burning coal for the next decade.

“In this settlement, Talen is addressing inherited legacy issues at these ash basins as we continue efforts to reduce Brunner Island’s environmental footprint by utilizing natural gas and phasing out coal,” she said.

“We hope more coal plants nationwide will follow this example,” said Larissa Liebmann, an attorney for the Waterkeeper Alliance. “It is imperative to our nation’s waterways and communities that industry not only excavate leaking coal ash basins but take additional measures to protect public health and the environment.”

FERC Could Face Months with 3 Commissioners

By Tom Kleckner

DES MOINES, Iowa — With the U.S. Senate bolting from D.C. on Friday for a five-week recess, it’s becoming apparent that FERC will be operating with only three commissioners until at least well into September, according to a lawyer with the agency.

Patrick Clarey, a FERC attorney and liaison to SPP, told stakeholders Monday that a lack of paperwork from the White House suggests the commission may be at “three [commissioners] for a bit.”

FERC
Cheryl LaFleur, FERC | © RTO Insider

FERC will soon find itself two short of a full panel when Commissioner Cheryl LaFleur, who has been on the commission for nine years, retires at the end of this month. (See FERC Heaps Praise on Departing LaFleur.) The fifth seat has been open since the death of Commissioner Kevin McIntyre in January.

The vacancies have drawn the attention of Sen. Joe Manchin (D-W.Va.), ranking member of the Energy and Natural Resources Committee. In a statement released by his press secretary Tuesday, Manchin urged the Trump administration to simultaneously nominate two individuals, one Republican and one Democrat, to fill the empty seats.

“FERC was established as a five-member commission and has historically operated above the political fray,” the statement read. “In today’s changing energy environment, it has never been more important to the security of our nation to maintain this precedent. I urge President Trump to nominate two individuals … so the Senate can consider and confirm them together in the bipartisan manner that has become the norm and restore a fully functioning commission.”

FERC
Sen. Joe Manchin | © RTO Insider

The White House has yet to submit a nominee replacing McIntyre. FERC can have no more than three commissioners from the same political party, with the president’s party holding the advantage. Traditionally, the Senate caucus for the party not holding the White House recommends its party’s nominations to the president, who usually complies.

The commission will continue to have a quorum with Chairman Neil Chatterjee and Commissioner Bernard McNamee, both Republicans, along with Democratic Commissioner Richard Glick.

Chatterjee has the most seniority, having been confirmed in August 2017. He became chairman last October, when McIntyre had to step down as his illness worsened. Glick was confirmed in November 2017 and McNamee last December.

FERC operated without a quorum for six months in 2017 before the confirmation of Chatterjee and Robert Powelson, who left the commission in August 2018.

Rising Solar Boosts EIM Q2 Benefits to $86M

By Robert Mullin

CAISO secured the largest chunk of the Western Energy Imbalance Market’s $86 million in gross benefits during the second quarter as the solar-heavy ISO exported nearly 2.16 million MWh to its neighbors during the period — more than seven times the volume of the market’s next biggest exporter.

The quarterly benefits report released by CAISO on Wednesday showed the market’s estimated benefits rose 21% compared with a year earlier and just slightly from the first quarter. (See Cold Forces NW to Dip More Deeply into EIM as Avista Joins.)

The report illustrates a continuation of a trend in which CAISO exports large amounts of surplus solar energy to fellow market participants during the spring as California demand recedes because of mild weather. The ISO’s exports were up nearly 14% compared with the second quarter of 2018. (See EIM Benefits Surge to $71.2M in Q2.)

But despite that boost in exports, CAISO’s benefits declined by almost 16% year over year to $23.53 million, the result of competition from lower-priced exports. The Arizona Public Service balancing authority area (BAA), which also boasts strong solar capacity, saw its net exports surge by more than one-third to 305,752 MWh, while its overall benefits declined slightly to $8.55 million.

The EIM defines benefits as cost savings from serving load, increased merchant profits and the avoided curtailment of surplus low-cost renewable energy.

Following the pattern of previous springs, PacifiCorp once again absorbed the largest share of the cheap power, taking about 1.88 million MWh of net imports into its PacifiCorp-East (PACE) and PacifiCorp-West (PACW) BAAs, up 27% from a year earlier. The utility’s benefits surged 30% to $15.15 million.

CAISO
Map shows the transfer paths available among Western EIM participants. | CAISO

Powerex doubled its year-over-year net imports to 360,341 MWh, signaling that a relaxation of EIM local market power mitigation rules — which had previously forced the hydro-rich company to bid energy into the market when it actually intended to buy — had freed its hand to engage in its customary practice of buying heavily during periods of oversupply. (See CAISO Board OKs Market Power Mitigation Remedy.) The Canada-based marketing arm of BC Hydro saw its benefits jump 37% to $3.06 million.

Portland General Electric earned the third-largest share of market benefits at $10.89 million, followed by the EIM’s newest member, Balancing Authority of Northern California at $8.81 million. Trailing APS in the benefits roundup were Idaho Power ($8.33 million), NV Energy ($4.62 million) and Puget Sound Energy ($3.06 million).

NV Energy maintained its position as the BAA with the largest volume of wheel-through transfers at 659,897 MWh (far outpacing its combined 382,167 MWh of exports and imports), followed by APS at 514,915 MWh and PACW at 252,686 MWh, showing the various paths California’s solar exports followed to serve the coal-heavy PACE territory.

The EIM helped its participants avoid curtailment of 132,937 MWh of renewable energy during the quarter, displacing about 56,897 metric tons of CO2 emissions. The market has reduced CO2 by 403,546 metric tons since 2015.

The ISO estimates the EIM has yielded $736.26 million in gross benefits since it was launched with PacifiCorp as its first member in November 2014. Future participants include Salt River Project and Seattle City Light, scheduled to join in April 2020; Los Angeles Department of Water and Power, NorthWestern Energy, Turlock Irrigation District and Public Service Company of New Mexico (2021); and Tucson Electric Power and Avista (2022).

Tx Owners to be Exempt from Inverter Standard

By Rich Heidorn Jr.

Transmission owners will not be covered by revisions to NERC reliability standard PRC-024-2 concerning inverter-based generation resources, the standard development team said Wednesday (Project 2018-04).

In a comment period that closed July 26, respondents gave a “resounding yes” to extending the standard to cover the setting of voltage and frequency protective relays on generator step-up (GSU) transformers or collector transformers, NERC standards developer Mat Bunch said. Twenty-nine entities endorsed covering the GSUs, with eight in opposition. (See Comments due July 26 on Revised Inverter Standard.)

NERC
This illustration is the frequency curve for reliability standard PRC-024-2. The standard specifies a “no-trip” area for voltage and frequency excursions, as measured at the point of interconnection to the bulk electric system. A report on the Blue Cut fire disturbance concluded that solar development owners and inverter manufacturers have misinterpreted the area outside of the “no-trip” curve as a “must-trip” requirement. | PRC-024-2 Gaps Whitepaper, NERC Inverter-Based Resource Performance Task Force

But Bunch said the standard will not cover TOs that own a GSU or collector transformer and are not registered as generator owners because the comments did not identify any such TOs in the U.S. “This is not a continent-wide issue at this time,” Bunch said. “We still can’t find one in the U.S.”

TO Hydro-Québec TransÉnergie said it owns the GSUs associated with about 37 GW of generation that it does not own. “We are not registered as a GO since we do not own any generators,” the company said.

Bunch said most of the “no” votes were indications of opposition to TOs being covered.

“What I heard back from people unofficially [was] if TOs weren’t included, industry could probably support … the standard,” Bunch said. “I do know that people were voting ‘no’ on the standard only because of the TO issue.”

Comments

The SDT is working to develop a revised standard to address issues identified in the Inverter-Based Resource Performance Task Force’s PRC-024-2 Gaps Whitepaper. The task force was formed in 2017 following the August 2016 Blue Cut wildfire, when 1,200 MW of solar disconnected, and the October 2017 Canyon 2 fire, which resulted in the loss of more than 900 MW.

The stakeholder comments came in response to a “supplemental” standard authorization request (SAR), which expanded the project’s scope to include the GSU and collector transformers and consider TO requirements.

Dominion Energy said GSUs and collector transformers “have never been part of PRC-024” and that the project’s scope “should NOT be expanded to an issue that has not been substantiated and reliability risk identified.”

Southern Co. contended the supplemental SAR did not make the case for expanding the scope, saying “the protection elements on main station transformers have not been reported to have been, nor are known to have been, the cause of plant tripping due to transmission system voltage or frequency disturbances.”

American Electric Power raised procedural concerns, saying NERC’s Standards Process Manual does not allow “multiple, concurrent SARs to govern a single NERC project.”

“If this project’s scope or direction needs to be revised, the current and governing SAR should be revised accordingly rather than developing an additional SAR to somehow expand upon its predecessor,” AEP said.

Ontario’s Independent Electricity System Operator said it supported the amended SAR but that it didn’t go far enough. “The scope should also include auxiliaries critical to maintain plant output. The supply to other critical auxiliaries, like lubricating systems, [and] governing and excitation systems that allow the generating unit to maintain its output level, must also meet PRC-024 requirements for reliability.”

The ISO/RTO Council Standards Review Committee noted that PRC-024 was developed when generators and GSU transformers were generally controlled by the same asset owner. “As such, coordination between generator protection schemes and associated transmission equipment may not have required any explicit requirements and the PRC-024 applicability to only the generator side of the interconnection was sufficient. Today, with the separation of ownership of assets at the generator point of interconnection, NERC must ensure the intent of PRC-024 is met through adding explicit requirements which may or may not fall within the original construct of the standard,” it said.

In the first ballot, which ended May 31, the proposed standard was supported by a weighted vote of 3.085-2.815 (52.3% in favor). It will be posted for a second ballot Sept. 13, closing Oct. 28.

A standard must receive two-thirds support before going to the final ballot. Once that threshold is reached, the drafting team and NERC staff will review the comments received and determine whether additional changes are necessary. If there are substantive changes, it is posted for an additional 45-day ballot. If the changes are minor, it would proceed to a 10-day final ballot, according to NERC spokeswoman Kimberly Mielcarek.