FERC Filings
EPSA's Motion to Intervene Out of Time and Protest New England NESCO
PREFACE
Pursuant to Rules 211, 212 and 214 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (FERC or Commission), 18 C.F.R. § 385.211, 385.212 and 385.214, the Electric Power Supply Association (EPSA) respectfully files this motion for leave to intervene out of time in the above-captioned proceeding. On June 25, 2004, the Governors of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont (N.E. Governors or Petitioners) filed a “Joint Petition for Declaratory Order to Form a New England Regional State Committee” (RSC Petition) seeking Commission guidance on and approval of the N.E. Governors’ plan to form a non-profit corporation, the New England States Committee on Electricity (NESCOE).
EPSA supports the development of RSCs as an important vehicle to enable RTOs to properly take into consideration the views of state government when developing proposals for submission to the Commission. However, in this instance the RSC proposal goes too far in giving states actual control over the RTO and is in need of additional work. The proposal asks the Commission to fundamentally modify the RTO New England framework for shared governance and ISO independence, which has been developed over time through a protracted, carefully balanced and FERC-supervised settlement process. EPSA is concerned that the NESCOE proposal undermines this settlement process, may derail or delay operation of the RTO New England and, further, that it needlessly implicates questions of state and federal jurisdiction. All these flaws have been addressed in the concerns and protests of several intervenors in this case. In particular, we refer the Commission to the protest of the New England Power Pool Participants Committee (NEPOOL) filed with the Commission on July 16, 2004, which EPSA largely endorses and incorporates by reference.