20170720-3041 FERC PDF (Unofficial) 07/20/2017
160 FERC ¶ 62,060
FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, DC 20426
OFFICE OF ENERGY MARKET REGULATION
Bayonne Energy Center, LLC
Docket No. ER17-1652-000
Issued: 7/20/17
Bayonne Energy Center, LLC 401 Hook Road
Bayonne, NJ 07002
Attention:Stuart A. Caplan
Counsel for Bayonne Energy Center, LLC
Reference: Order Granting Uncontested Waiver Dear Mr. Caplan:
On May 22, 2017, you submitted, on behalf of Bayonne Energy Center, LLC
(Bayonne), a request for waiver of the procedural deadline set forth in Attachment H,
section 23.4.5.7.9.3.2 of the New York Independent System Operator, Inc.’s (NYISO)
Market Administration and Control Area Services Tariff to allow NYISO to review and
act on Bayonne’s request for a Competitive Entry Exemption for the Bayonne Energy
Center II facility. In support of its request for waiver, you assert that there was confusion
over the treatment and timing of the economic entry and Competitive Entry Exemption
tests which, when combined with other parallel activities, led to Bayonne’s inadvertent
failure to timely submit the request. You also state that without a Competitive Entry
Exemption, there is a risk that Bayonne Energy Center II could be precluded from
meaningfully participating in the capacity market for the summer 2018 Capability Period.
Bayonne’s filing was noticed on May 23, 2017, with interventions and protests
due on or before June 12, 2017. Pursuant to Rule 214 of the Commission’s Rules of
Practice and Procedure,1 any notices of intervention and timely filed, unopposed motions
1 18 C.F.R. § 385.214 (2016).
20170720-3041 FERC PDF (Unofficial) 07/20/2017
Docket No. ER17-1652-000- 2 -
to intervene serve to make the filer a party to this proceeding. No protests were filed, and the request for waiver is therefore uncontested.
Pursuant to the authority delegated to the Director, Division of Electric Power
Regulation - East, Office of Energy Market Regulation, in the Commission’s February 3,
2017 Order Delegating Further Authority to Staff in Absence of Quorum,2 Bayonne’s
uncontested request for waiver is granted. The Commission has granted waiver of tariff
provisions where: (1) the applicant acted in good faith; (2) the waiver is of limited scope;
(3) the waiver addresses a concrete problem; and (4) the waiver does not have
undesirable consequences, such as harming third parties.3 Those criteria are satisfied
here.
The grant of waiver herein shall not be construed as constituting approval of any rate, charge, classification, or any rule, regulation, or practice affecting such rate or
service contained in your filing; nor shall it be deemed as recognition of any claimed
contractual right or obligation associated therewith; and such grant is without prejudice to any findings or orders which have been or may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against Bayonne.
Consistent with Rule 1902 of the Commission’s Rules of Practice and Procedure,4 requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order.5
Sincerely,
Kurt Longo, Director
Division of Electric Power
2 Agency Operations in the Absence of a Quorum, 158 FERC ¶ 61,135 (2017).
3 See, e.g., Midcontinent Indep. Sys. Operator, Inc., 154 FERC ¶ 61,059, at P 14 (2016); Calpine Energy Serv., Inc., 154 FERC ¶ 61,082, at P 12 (2016); New York Power Auth., 152 FERC ¶ 61,058, at P 22 (2015).
4 18 C.F.R. § 385.1902 (2016).
5 18 C.F.R. § 385.713 (2016).
