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FERC Denies EnerNOC Complaint Regarding ATSI Integration Auctions
April 11, 2011
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FERC denied a complaint from EnerNOC against FirstEnergy Corp. relating to the Fixed Resource Requirement integration auctions which were part of moving the American Transmission Systems Inc. load into PJM (EL10-63).
EnerNOC essentially argued that FirstEnergy failed to notify the market that then-ongoing settlement discussions relating to the FirstEnergy Ohio utilities' default service included the potential retention of interruptible riders under the electric security plan. Such interruptible riders were to have been eliminated under the initially proposed market rate offer, but were eventually retained.
EnerNOC made various allegations that these settlement discussion regarding the electric security plan, specifically related to the interruptible rates, constituted prohibited non-public communications between the auction manager and participants, and the prohibited sharing of market information among affiliates.
FERC dismissed these claims. Among other things, FERC rejected EnerNOC's argument that FirstEnergy, and/or its affiliates, violated the Commission's affiliate restrictions on information sharing. "The Commission has found that the affiliate restrictions on information sharing do not apply to communications between FirstEnergy Solutions and FirstEnergy's regulated affiliates, because the regulated affiliates do not have captive customers (a required showing giving rise to the Commission affiliate restrictions)," FERC said.
FERC also found that the integration rules alleged to have been violated were not on file with the Commission. The Commission may only undertake an enforcement action and impose sanctions for the violation of a statute, regulation, filed tariff, or order.
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