{"document":{"slug":"filing-20260622-5134","title":"Vermont Electric Cooperative, Inc. submits Request for Issuance of an Errata re the Notice of Institution of Section 206 Proceeding and Refund Effective Date re ISO New England Inc. et al","issued":"2026-06-22","accession":"20260622-5134","docket":"EL26-72-000","group":"ISO-NE filings","filer":"Vermont Electric Cooperative, Inc.","kind":"request","file":"sources/originals/20260622-5134_01.pdf","url":"https://elibrary.ferc.gov/eLibrary/filelist?accession_Number=20260622-5134","sha256":"eb18d8db16c2ea2516e5a9666422d6bb73186dd3ae4f73b667dd1fc89d016c51","pages":6,"tokens":1240,"emptyPages":[]},"pages":[{"page":1,"startToken":0,"endToken":174,"text":"UNITED STATES OF AMERICA \nBEFORE THE \nFEDERAL ENERGY REGULATORY COMMISSION \n \n \nISO New England Inc. \nCentral Maine Power Company  \nThe Connecticut Light and Power Company \nFitchburg Gas and Electric Light Company \nGreen Mountain Power Corporation  \nMaine Electric Power Company  \nThe Narragansett Electric Company \nNew England Power Company \nNew Hampshire Transmission, LLC  \nNSTAR Electric Company \nPublic Service Company of New Hampshire \nThe United Illuminating Company  \nUnitil Energy Systems, Inc.  \nVermont Electric Cooperative, Inc. \nVermont Electric Power Company, Inc. \nVermont Transco LLC  \nVersant Power  \n \nDocket No.\n \nEL26-72-000 \n \n \nVERMONT ELECTRIC COOPERATIVE, INC. \nREQUEST FOR ISSUANCE OF AN ERRATA \n \nTo the Commission: \n \nOn June 18, 2026, the Commission issued its “Order Instituting Proceeding Under \nSection 206 of the Federal Power Act” in this above captioned proceeding.1  In its Order, \nthe Commission found that ISO New England’s (“ISO-NE”) existing Transmission, \nMarkets and Services Tariff (“Tariff”) appears to be unjust, unreasonable, or unduly \ndiscriminatory or preferential and thereafter directed ISO-NE and sixteen (16) Participating \n \n1 ISO New England Inc., et al, 195 FERC ¶ 61,215 (June 18, 2026)(the “Order”)."},{"page":2,"startToken":174,"endToken":449,"text":"2 \n \nTransmission Owners (“PTOs”) within ISO-NE to show cause with respect to a variety of \nconcerns related to large load or co-located load transmission and interconnection within \nsixty (60) days of the date of its Order.2  Vermont Electric Cooperative, Inc. (“VEC”) is a \nmember owned electric distribution utility that provides safe, affordable, and reliable \nenergy services to over 33,000 members in 75 communities.  VEC has identified an issue \nwith the Order and respectfully requests that the Commission issue an errata as soon as \npracticable at this early stage of the proceeding. \n \nAt the onset, VEC desires to make crystal clear that it does not challenge the need \nfor the Commission to boldly address the important national issue of service to large load \nand co-located load within organized markets and elsewhere.  VEC further acknowledges \nCommission precedent with respect to non-jurisdictional entities with certain rate \nschedules within a jurisdictional RTO or ISO.  VEC’s request is purely procedural.   \nThe Commission lists VEC as one of the PTOs in the caption of the Order.  But at \nfootnote 10 of the Order, describing which PTOs it intended to include in the caption, the \nCommission made clear: \nParticipating Transmission Owners refers to the entities listed \nin the caption of this order.  We recognize that ISO-NE’s \ntransmission owners include entities that are not subject to the \nCommission’s jurisdiction because they are not public utilities \npursuant to section 201(f) of the FPA.  See 16 U.S.C. § 824(f); \nSw. Power Pool, Inc., 180 FERC ¶ 61,022, at PP 44-45 (2022).  \nAccordingly, the Commission has not included Town of \nBraintree Electric Light Department; Chicopee Municipal \n \n2 Id. at P 2."},{"page":3,"startToken":449,"endToken":749,"text":"3 \n \nLighting Plant; Connecticut Municipal Electric Energy \nCooperative; Connecticut Transmission Municipal Electric \nEnergy Cooperative; The City of Holyoke Gas and Electric \nDepartment; Town of Hudson Light and Power Department; \nMassachusetts Municipal Wholesale Electric Company; Town \nof Middleborough Gas & Electric Department; New \nHampshire Electric Cooperative, Inc.; Town of Norwood \nMunicipal Light Department; Town of Reading Municipal \nLight Department; Shrewsbury Electric and Cable Operations; \nTown of Stowe Electric Department; Taunton Municipal \nLighting Plant; Vermont Public Power Supply Authority; and \nTown of Wallingford, CT, Department of Public Utilities, \nElectric Division here as Participating Transmission Owners \nthat must respond to this order to show cause.  Nonetheless, the \nCommission retains the authority to review each entity’s \nformula rates as a component of ISO-NE’s Tariff in an order \nto show cause directed towards ISO-NE, and ISO-NE must \nrespond to this order regarding the non-public utilities’ ISO-\nNE Tariff provisions on file with the Commission.  See Sw. \nPower Pool, Inc., 180 FERC ¶ 61,022 at P 40.[3] \n \n \nLike each of the other PTO entities listed in footnote 10, VEC is a not a public utility \npursuant to section 201(f) of the FPA.  In 2006, VEC informed the Commission that as a \nresult of the passage of the Energy Policy Act of 2005, it ceased to be a public utility on \nAugust 8, 2005 because the changes to the Federal Power Act effective as of that date \nexempted electric cooperatives that sell less than four (4) million megawatt hours annually.  \nAt the time of the change in law, VEC sold approximately 500,000 megawatt hours.  The \nCommission subsequently acknowledged VEC’s acceptance of its withdrawal of \njurisdictional rate schedules based on the change in law.4   \n \n3 Id. at fn 10. \n4 Vermont Electric Cooperative, Docket No. ER06-959 et al., (unpublished letter order dated July 6, \n2006)."},{"page":4,"startToken":749,"endToken":1030,"text":"4 \n \n \nTwenty years later, VEC is still well under the established statutory four (4) million \nmegawatt hour threshold.  To be sure, VEC is a PTO within ISO-NE but it is a PTO that is \nsimilarly situated to all of the other of the non-jurisdictional entities listed in footnote 10 \nof the Order.  VEC respectfully submits that it is unaware of any basis, stated within the \nOrder or any facts external to the Order, to treat VEC any different. VEC believes that the \nOrder inadvertently identified it based on its legacy status as a public utility.  \nFurther. VEC believes the Commission did not intend to include it as a named \nrespondent because in the Show Cause Order issued to the California Independent System \nOperator, Inc. and its transmission owners in Docket No. EL26-71-000, non-jurisdictional \nentities were purposefully included as respondents.5  However, in that order, the \nCommission made clear in footnote 9 that it included each of the non-jurisdictional entities \nas respondents “because their Transmission Owner Tariffs on file with the Commission \ndetail the wholesale load interconnection process in CAISO.”6 The Commission continued, \n“[i]f a non-public utility wishes to be removed from this proceeding, we will rescind the \nshow cause order against them at their request, and we expect CAISO to respond to this \norder regarding the non-public utility’s CAISO Tariff provisions on file with the \nCommission.”7  The Commission did not express a similar concern with respect to ISO-\nNE’s non-jurisdictional transmission owners. \n \n5 Cal. Indep Sys. Op, Inc., et al, 195 FERC ¶ 61,214 (2026)(the “CAISO Order”) \n6 Id. at fn. 9.   \n7 Id., citing Sw. Power Pool, Inc., 180 FERC ¶ 61,022, at P 40 (2022)."},{"page":5,"startToken":1030,"endToken":1197,"text":"5 \n \nAn errata to the Order affecting ISO-NE would not impact or diminish the \nCommission’s stated show cause goals whatsoever; the Commission’s interests are in \nmodification of the terms and conditions of the ISO-NE Tariff. Based on these facts, VEC \nrespectfully requests that the Commission issue an errata to the Order that  \n(1) removes VEC from the caption of Docket No. EL26-72-000, which intended \nto identify only ISO-NE and jurisdictional PTOs; and \n \n(2)  adds VEC in the list of non-jurisdictional PTO entities in footnote 10. \n \nTo the extent the Commission determines the requested correction exceeds the \nscope of an errata, VEC respectfully requests in the alternative that the Commission issue \na clarification that rescinds the Order with respect to VEC as described in the CAISO Order \nprecedent set out above. \n  \n \n \n \n \n \n       Respectfully submitted, \n \n  \n/s/ Craig W. Silverstein \nCraig W. Silverstein \nMarch Counsel LLC \n2001 L Street NW \nSuite 500 \nWashington, DC 20036 \n(202) 640-2100 \ncraig.silverstein@marchcounsel.com  \n \nCounsel for Vermont Electric Cooperative, \nInc. \n \nDated: June 22, 2026"},{"page":6,"startToken":1197,"endToken":1240,"text":"CERTIFICATE OF SERVICE \n \n \nI hereby certify that on this 22nd day of June 2026, I have served a copy of the \nforegoing document on the official service list compiled by the Office of the Secretary for \nthe above-referenced proceeding.  \n \n \n \n \n \n \n \n/s/ Craig W. Silverstein"}],"sections":[{"p":1,"at":0,"title":"Opening text","method":"opening text","endPage":6,"endAt":0,"startToken":0,"endToken":1197},{"p":6,"at":0,"title":"CERTIFICATE OF SERVICE","method":"printed heading","endPage":6,"endAt":276,"startToken":1197,"endToken":1240}]}