On May 23, 2018, NEPGA filed two related pleadings at FERC:

1. A Complaint (with a request for fast-track processing) asking for relief from ISO-NE’s proposal to re-price the Mystic 8 and 9 Units, or any other resources subsequently retained for fuel security, as price-takers in the FCA, and offering a remedy that would require such resources to: (a) offer into the FCA at their competitive offer price; and (b) if they do not acquire a CSO in the FCA, offer their FCA qualified capacity as supply at $0/kW-month over the course of the three Annual Reconfiguration Auctions associated with that FCA (docket number to be determined); and
2. A Motion to Intervene and Conditional Protest of ISO-NE’s request for waivers of sections of the ISO-NE Tariff in order to retain Mystic Units 8 and 9 and re-price them as price-takers in the FCA beginning in FCA 13 (No. ER18-1509) – here NEPGA asks FERC to condition any approval of the waiver request on an appropriate remedy for the Mystic Units pricing treatment ISO-NE proposes, either by granting the relief NEPGA requests in its Complaint or by some other just, reasonable, and not unduly discriminatory remedy.

In each pleading, NEPGA asks FERC to act on the Complaint and ISO-NE request for Tariff waivers contemporaneously.