On October 12, 2021, NEPGA filed an Amended Protest and Comments on the Participating Transmission Owners’ (PTOs) and ISO-NE’s joint response to a deficiency letter served on those parties in response to their original filing proposing to amend the definition of Monthly Regional Network Load (MRNL) to newly allow Network Customers to not reconstitute their load profiles to account for the energy delivered by unregistered behind-the-meter resources (Docket No. ER21-2337). The Tariff currently requires that in calculating load designated by a Network Customer, that load shall not “be credited or reduced for any behind-the-meter (BTM) generation” – thus requiring the reconstitution of load profiles to account for BTM generation. NEPGA earlier filed a Protest, asking FERC to reject the proposed changes on the basis that they are unduly discriminatory against similarly situated resources (behind-the-meter registered Generator Assets, whose energy delivery under the proposal is not credited against Network Customer load) without any reasoned basis for the discrimination. In the alternative, NEPGA asks FERC to institute a requirement to net both registered and unregistered assets BTM for purposes of calculating a Network Customers’ MRNL. FERC’s Office of Energy Market Regulation subsequently issued the deficiency letter, asking the PTOs and ISO-NE to respond to several questions including those asking whether their proposal would cause a shift in cost responsibility for Regional Network Service, and whether unregistered behind-the-meter resources use the transmission system as other resource do. In its Amended Protest and Comments, NEPGA explains that FERC should not accept the PTO/ISO-NE explanation that their proposal will not cause a shifting of costs because the proposal reflects current practice (which, as the IMM has found, is in violation of the Tariff), in that a party should not be able to assert its non-compliance with the Tariff as the basis for a lack of cost shifting. NEPGA further explained, contrary to the PTOs/ISO-NE’s deficiency letter response, that the transmission system runs on the laws of physics and does not distinguish registered versus unregistered resource use of the transmission system.