FERC Filings

MOTION FOR LEAVE TO INTERVENE AND COMMENTS OF THE ELECTRIC POWER SUPPLY ASSOCIATION-New York Independent System Operator, Inc.-Docket No. ER01-2076-000

BACKGROUND

On March 9th, the NYISO filed a notice of withdrawal of its filing in Docket No. ER01-181-000 (where the NYISO originally requested that the current bid cap of $1000 be indefinitely extended until such time as a “superior market protective mechanism” could be developed). The NYISO stated that it intended to automate a step in its market mitigation measures that would eliminate the current one-day delay in mitigating conduct that would otherwise set non-competitive market energy prices in the next day’s DAM.

Mirant American Energy Marketing, L.P., Mirant New York, Inc., Mirant Bowline, LLC, Mirant Lovett, LLC, and Mirant NY-Gen, LLC (collectively, Mirant) subsequently filed a complaint against NYISO on March 16, 2001, alleging that because the NYISO proposed modified market mitigation procedures are substantive changes to its Market Monitoring Plan, these changes cannot be effective absent a filing by NYISO pursuant to §§205 and 206 of the FPA (Mirant Complaint). On May 9th, the Commission issued an Order granting the Mirant Complaint and ordered NYISO to file proposed tariff sheets if it wishes to implement its modified market mitigation procedures (May 9th Order). The NYISO filed its AMP Proposal on May 17, 2001. The Commission subsequently issued its notice on May 22, 2001, and requested comments to be filed by May 31, 2001.

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