Docket No. ER20-715-002 1

177 FERC ¶ 61,007

FEDERAL ENERGY REGULATORY COMMISSION

WASHINGTON, DC 20426

 

October 4, 2021

 

 

In Reply Refer To:

New York Independent System

  Operator, Inc.

Central Hudson Gas & Electric Corporation

Docket No. ER20-715-002

Central Hudson Gas & Electric Corporation

284 South Avenue

Poughkeepsie, NY 12601

 

Attn:  Paul A. Colbert, Esq.

          Attorney for Central Hudson Gas & Electric Corporation

 

Dear Mr. Colbert:

 

  1.                On June 30, 2021, the New York Independent Operator, Inc. (NYISO), on behalf of Central Hudson Gas & Electric Corporation (Central Hudson), filed a Settlement Agreement (Settlement) addressing Central Hudson’s Rate Schedule for Highway System Deliverability Upgrades under Schedule 12 of the NYISO Open Access Transmission Tariff.  On July 20, 2021, Commission Trial Staff filed comments supporting the Settlement.  On August 3, 2021, the Settlement Judge certified the Settlement to the Commission as an uncontested settlement.[1]
  2.                Section 6.1 of the Settlement provides that:

The standard of review for any change to this [Settlement] proposed by Central Hudson or a Settling Party shall be the “public interest” application of the just and reasonable standard set forth in United Gas Pipe Line Co. v. Mobile Gas Serv. Corp., 350 U.S. [332] (1956), and Fed. Power Comm’n v. Sierra Pacific Power Co., 350 U.S. 348 (1956), as clarified in Morgan Stanley Capital Grp., Inc. v. Pub. Util. Dist. No. 1 of Snohomish Cnty., Wash., 554 U.S. 527 (2008), and refined in NRG Power Mktg. v. Maine Pub. Utils. Comm’n, 558 U.S. 165 (2010).  The ordinary just and reasonable standard of review (rather than the “public interest” standard), as clarified in Morgan Stanley Capital Grp., Inc. v. Pub. Util. Dist. No. 1 of Snohomish Cnty., Wash., 554 U.S. 527 (2008), applies to any changes to the [Settlement] sought by the Commission acting sua sponte or at the request of a non-Settling Party or a non-party to this proceeding.

  1.                The Settlement resolves all issues set for hearing in Docket No. ER20-715.[2]  The Settlement appears to be fair and reasonable and in the public interest, and is hereby approved.  The Commission’s approval of this Settlement does not constitute approval of, or precedent regarding, any principle or issue in these proceedings.
  2.                The Commission accepts the proposed tariff records, effective May 20, 2020, as requested.

By direction of the Commission.

 

 

 

 

Kimberly D. Bose,

Secretary.

 

 

 

 

 

 

 

[1] N.Y. Indep. Sys. Operator, Inc., 176 FERC ¶ 63,012 (2021).

[2] N.Y. Indep. Sys. Operator, Inc., 171 FERC ¶ 61,119 (2020).