FERC: Idled NY Plants Can Lose Interconnection Rights
NYISO can force idled generators to allow use of their interconnections for reliability purposes, the Federal Energy Regulatory Commission ruled last week, saying that such actions do not constitute an unconstitutional “taking” under the Fifth Amendment.
The commission approved most of the tariff revisions NYISO proposed in its July 2014 filing, which was intended to clarify its rules regarding generator outage states (ER14-2518).
“We find that NYISO’s proposed tariff provisions concerning the termination of existing interconnection agreements and the requirement that a generator’s interconnection points can be temporarily used by the transmission owner during an outage do not constitute takings under the Fifth Amendment to the U.S. Constitution and, therefore, do not require ‘just compensation’ to affected generators,” FERC wrote.
