FERC Filings

REQUEST FOR REHEARING OF THE ELECTRIC POWER SUPPLY ASSOCITION RE: CONSOLIDATED EDISON CO. OF NEW YORK

BACKGROUND

On March 1, 2001, Consolidated Edison Company of New York, Inc. (Con Edison) filed a request to revise the Localized Market Power Mitigation Measures (Mitigation Measures) applicable to sales of capacity, energy, and certain ancillary services from specified generating units in New York City. In addition to fervent opposition from other parties, EPSA and the Independent Power Producers of New York (IPPNY) filed a Motion to Intervene and Protest on April 4th, stating that Con Edison failed to meet its burden imposed under Sections 205 and 206 of the Federal Power Act of proving that the revisions to the Mitigation Measures are just and reasonable or that the existing Mitigation Measures are unjust, unreasonable, unduly discriminatory or preferential.
On May 16th, the Commission rejected Con Edison’s proposal, noting that Con Edison should work through the New York Independent System Operator (NYISO) stakeholder process to determine whether its proposals are necessary and consistent with the public interest. However, on July 20th, the Commission reversed its decision and approved Con Edison’s proposal, effective immediately. Expressly, the Order fails to give any reasoned explanation for its reversal, fails to reconcile its own precedent and policy goals, and promises to distort market certainty by sending mixed signals to the industry.

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