NEPGA Answers Public Citizen Request to Disclose Confidential De-List Bid Information – Docket No. ER17-2110

On August 24, 2017, NEPGA filed an Answer to Public Citizen Inc.’s protest of the ISO-NE filing of Permanent and Retirement De-List Bids (together, De-List Bids) for FCA 12 (No. ER17-2110).  Consistent with its obligations under the ISO-NE Tariff, on July 19 ISO-NE filed with FERC a confidential and public version of all Permanent and Retirement De-List Bids submitted for FCA 12 and the Internal Market Monitors’ evaluation of the De-List Bids. Public Citizen subsequently filed a protest, asking FERC to order ISO-NE to provide the confidential material to all intervenors to the proceeding willing to execute a non-disclosure agreement. In its Answer, NEPGA asks FERC to deny Public Citizen’s request, explaining that both the Tariff and FERC precedent require that De-List Bid information remain confidential due to the potential adverse consequences on the competitiveness of Forward Capacity Market, and to protect each Market Participant’s interest in the confidentiality of its offer prices. NEPGA explained that the Tariff provides that only state public utility commissions that execute a non-disclosure agreement may have access to confidential De-List Bid information, and that FERC has consistently upheld the confidentiality of de-list bids in several FERC orders.

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