On March 8, 2022, NEPGA filed Comments in support of ISO-NE’s request that FERC accept Tariff changes that would allow ISO-NE to re-set the FCA 17 schedule (No. ER22-1053-000). The Tariff establishes the many deadlines and steps Market Participants and ISO-NE must take over the course of the year leading up to each Forward Capacity Auction, which schedule begins within weeks of the conclusion of the prior FCA. ISO-NE declined to issue final results from FCA 16 (which ran on February 7, 2022) due to the then on-going litigation before the U.S. Court of Appeals for the D.C. Circuit concerning the Killingly Energy Center’s eligibility to participate in FCA 16. Because ISO-NE was not prepared to issue FCA 16 results as of the first date in the FCA 17 schedule (ISO-NE notifying Market Participants of their qualified capacity values for FCA 17), ISO-NE proposed Tariff changes that would allow ISO-NE to forgo the Tariff-defined schedule for FCA 17 and develop a new FCA 17 schedule at a later date (i.e., once the Killingly litigation was resolved). NEPGA filed Comments in support of the Tariff changes, agreeing with ISO-NE that the FCA 17 schedule needs to be re-established given the unprecedented circumstances leading to the delay in issuing FCA 16 results. NEPGA also asks FERC to explicitly limit its acceptance of the Tariff changes to these specific facts and circumstances, and to thus not assign precedential value to its acceptance of Tariff changes that grant ISO-NE significant discretion in establishing the FCA schedule.