Docket Nos. ER24-1434-002 and ER24-1434-001 1

193 FERC ¶ 61,045

FEDERAL ENERGY REGULATORY COMMISSION

WASHINGTON, DC 20426

 

October 17, 2025

 

 

          In Reply Refer To:

    Central Hudson Gas and Electric Corporation

    New York Independent System Operator, Inc.

    Docket Nos. ER24-1434-002

                ER24-1434-001

 

Central Hudson Gas and Electric Corporation

284 South Avenue

Poughkeepsie, NY 12601

 

Attention:  Paul A. Colbert, Esq.

        Counsel for Central Hudson Gas and Electric Corporation

 

Dear Paul Colbert:

 

  1.                On August 6, 2025, pursuant to Rule 602 of the Commission’s Rules of Practice and Procedure,[1] Central Hudson Gas and Electric Corporation (Central Hudson) filed an Offer of Settlement (Settlement) addressing proposed Rate Schedule 21,[2] which provides Wholesale Distribution Service (WDS) to Central Hudson’s customers who own electric resources connected to its distribution system and sell the output of those resources through New York Independent System Operator, Inc. (NYISO) wholesale markets, as well as customers charging electric energy storage systems for the purposes of making wholesale sales in NYISO wholesale markets.  On August 26, 2025, Commission Trial Staff filed comments in support of the Settlement.  No other comments were filed.  On September 10, 2025, the Settlement Judge certified the Settlement to the Commission as an uncontested settlement.[3]
  2.                Article 6.1 of the Settlement provides that:

The standard of review for any change to this Settlement Agreement 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. 348 (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 Agreement 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 ER24-1434.[4]  The Settlement appears to be fair and reasonable and in the public interest.  The Commission’s approval of this Settlement does not constitute approval of, or precedent regarding, any principle or issue in these proceedings.
  2.                Central Hudson, in conjunction with NYISO, is directed to make a compliance filing with revised tariff records in eTariff format,[5] within 30 days of this order, to reflect the Commission’s action in this order.

By direction of the Commission.

 

 

 

 

Debbie-Anne A. Reese,

Secretary.

[1] 18 C.F.R. § 385.602 (2025).

[2] New York Independent System Operator, Inc., NYISO Tariffs, NYISO OATT,     § 6 (Rate Schedules), § 6.21 (Schedule 21) (2.0.0).

[3] 192 FERC ¶ 63,022 (2025).

[4] Cent. Hudson Gas & Elec. Corp., 188 FERC ¶ 61,001 (2024), errata notice, Docket No. ER24-1434-001 (issued Aug. 5, 2024).

[5] See Elec. Tariff Filings, Order No. 714, 124 FERC ¶ 61,270 (2008),                 order on reh’g, Order No. 714-A, 147 FERC ¶ 61,115 (2014).