On February 22, 2022, NEPGA filed an Unopposed Motion to Intervene or in the Alternative Brief Amicus Curiae in support of ISO-NE’s February 18 motion to dissolve the U.S. Court of Appeals for the D.C. Circuit’s stay of FERC’s January order accepting ISO-NE’s disqualification of the Killingly Energy Center from participating in FCA 16. In its motion, ISO-NE explained that continuation of the stay is causing harm to Market Participants and ISO-NE’s administration of FCA 16 (and future capacity auctions) and has been rendered moot by KEC’s recent default on its financial assurance obligations. NEPGA filed its brief in support to provide the Court with further information and explanation of the harm the stay is causing NEPGA’s Members, who collectively hold the vast majority of Capacity Supply Obligations and represent the vast majority of existing capacity resources adversely affected by the stay. NEPGA supports its motion with a declaration/affidavit from its Vice President of Market and Regulatory Affairs, Bruce Anderson, who explains the specific harm the stay is causing. ISO-NE has asked the Court to decide on its motion by Friday, February 25.NEPGA-Intevention-Response-Declaration-022222.pdf
NEPGA Files Brief in Support of ISO-NE Motion to Dissolve Stay – D.C. Cir. Case No. 22-1011
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