160 FERC ¶ 62,101

FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, DC 20426

OFFICE OF ENERGY MARKET REGULATION

Cricket Valley Energy Center, LLC

Docket No. ER17-1893-000

Issued:  7/28/17

Van Ness Feldman, LLP

1050 Thomas Jefferson St., NW Washington, DC  20007

Attention:Gary D. Bachman

Counsel for Cricket Valley Energy Center, LLC

Reference:   Order Granting Uncontested Waiver Dear Mr. Bachman:

On June 23, 2017, you submitted, on behalf of Cricket Valley Energy Center, LLC
(Cricket Valley), 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 Cricket Valley’s request for a Competitive Entry Exemption for the Cricket Valley
generation facility.  In support of its request for waiver, you assert that due to an

inadvertent error, Cricket Valley failed to timely submit its Competitive Entry Exemption request and that the waiver is limited only to the one-time procedural deadline.  You also state that without a Competitive Entry Exemption, Cricket Valley may need to consider dropping out of Class Year 2017 because the inability to submit an unmitigated bid
would put Cricket Valley at risk of not clearing NYISO’s capacity auctions.

Cricket Valley’s filing was noticed on June 26, 2017, with interventions and

protests due on or before July 14, 2017.  Pursuant to Rule 214 of the Commission’s Rules of Practice and Procedure,1 any notices of intervention and timely filed, unopposed

1 18 C.F.R. § 385.214 (2016).

Docket No. ER17-1893-000

motions 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 Cricket
Valley’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 Cricket Valley.

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 Regulation - East

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).