FERC issues mixed order on New York transmission right-of-first-refusal rules

摘要

The Federal Energy Regulatory Commission has granted in part and denied in part a petition from New York Independent System Operator regarding federal right of first refusal rules for power transmission projects. NYISO filed a petition for declaratory order that sought three things from the commission: 1. confirmation that New York transmission owners have a federal right of first refusal under NYISO’s foundational agreements to build, own, and recover the cost of upgrades to their existing transmission facilities, as permitted under FERC Order 1000; 2. confirmation that, if a transmission owner exercises its ROFR for upgrades to its existing transmission facilities, the owner should be treated under the existing tariff as a developer for the upgrade portion of the transmission project; and 3. clarification of the scope of the definition of “upgrade” under the open access transmission tariff.