EL26-72-000 · 2026-06-22 · Vermont Electric Cooperative, Inc.

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

UNITED STATES OF AMERICA 
BEFORE THE 
FEDERAL ENERGY REGULATORY COMMISSION 
 
 
ISO New England Inc. 
Central Maine Power Company  
The Connecticut Light and Power Company 
Fitchburg Gas and Electric Light Company 
Green Mountain Power Corporation  
Maine Electric Power Company  
The Narragansett Electric Company 
New England Power Company 
New Hampshire Transmission, LLC  
NSTAR Electric Company 
Public Service Company of New Hampshire 
The United Illuminating Company  
Unitil Energy Systems, Inc.  
Vermont Electric Cooperative, Inc. 
Vermont Electric Power Company, Inc. 
Vermont Transco LLC  
Versant Power  
 
Docket No.
 
EL26-72-000 
 
 
VERMONT ELECTRIC COOPERATIVE, INC. 
REQUEST FOR ISSUANCE OF AN ERRATA 
 
To the Commission: 
 
On June 18, 2026, the Commission issued its “Order Instituting Proceeding Under 
Section 206 of the Federal Power Act” in this above captioned proceeding.1  In its Order, 
the Commission found that ISO New England’s (“ISO-NE”) existing Transmission, 
Markets and Services Tariff (“Tariff”) appears to be unjust, unreasonable, or unduly 
discriminatory or preferential and thereafter directed ISO-NE and sixteen (16) Participating 
 
1 ISO New England Inc., et al, 195 FERC ¶ 61,215 (June 18, 2026)(the “Order”).

2 
 
Transmission Owners (“PTOs”) within ISO-NE to show cause with respect to a variety of 
concerns related to large load or co-located load transmission and interconnection within 
sixty (60) days of the date of its Order.2  Vermont Electric Cooperative, Inc. (“VEC”) is a 
member owned electric distribution utility that provides safe, affordable, and reliable 
energy services to over 33,000 members in 75 communities.  VEC has identified an issue 
with the Order and respectfully requests that the Commission issue an errata as soon as 
practicable at this early stage of the proceeding. 
 
At the onset, VEC desires to make crystal clear that it does not challenge the need 
for the Commission to boldly address the important national issue of service to large load 
and co-located load within organized markets and elsewhere.  VEC further acknowledges 
Commission precedent with respect to non-jurisdictional entities with certain rate 
schedules within a jurisdictional RTO or ISO.  VEC’s request is purely procedural.   
The Commission lists VEC as one of the PTOs in the caption of the Order.  But at 
footnote 10 of the Order, describing which PTOs it intended to include in the caption, the 
Commission made clear: 
Participating Transmission Owners refers to the entities listed 
in the caption of this order.  We recognize that ISO-NE’s 
transmission owners include entities that are not subject to the 
Commission’s jurisdiction because they are not public utilities 
pursuant to section 201(f) of the FPA.  See 16 U.S.C. § 824(f); 
Sw. Power Pool, Inc., 180 FERC ¶ 61,022, at PP 44-45 (2022).  
Accordingly, the Commission has not included Town of 
Braintree Electric Light Department; Chicopee Municipal 
 
2 Id. at P 2.

3 
 
Lighting Plant; Connecticut Municipal Electric Energy 
Cooperative; Connecticut Transmission Municipal Electric 
Energy Cooperative; The City of Holyoke Gas and Electric 
Department; Town of Hudson Light and Power Department; 
Massachusetts Municipal Wholesale Electric Company; Town 
of Middleborough Gas & Electric Department; New 
Hampshire Electric Cooperative, Inc.; Town of Norwood 
Municipal Light Department; Town of Reading Municipal 
Light Department; Shrewsbury Electric and Cable Operations; 
Town of Stowe Electric Department; Taunton Municipal 
Lighting Plant; Vermont Public Power Supply Authority; and 
Town of Wallingford, CT, Department of Public Utilities, 
Electric Division here as Participating Transmission Owners 
that must respond to this order to show cause.  Nonetheless, the 
Commission retains the authority to review each entity’s 
formula rates as a component of ISO-NE’s Tariff in an order 
to show cause directed towards ISO-NE, and ISO-NE must 
respond to this order regarding the non-public utilities’ ISO-
NE Tariff provisions on file with the Commission.  See Sw. 
Power Pool, Inc., 180 FERC ¶ 61,022 at P 40.[3] 
 
 
Like each of the other PTO entities listed in footnote 10, VEC is a not a public utility 
pursuant to section 201(f) of the FPA.  In 2006, VEC informed the Commission that as a 
result of the passage of the Energy Policy Act of 2005, it ceased to be a public utility on 
August 8, 2005 because the changes to the Federal Power Act effective as of that date 
exempted electric cooperatives that sell less than four (4) million megawatt hours annually.  
At the time of the change in law, VEC sold approximately 500,000 megawatt hours.  The 
Commission subsequently acknowledged VEC’s acceptance of its withdrawal of 
jurisdictional rate schedules based on the change in law.4   
 
3 Id. at fn 10. 
4 Vermont Electric Cooperative, Docket No. ER06-959 et al., (unpublished letter order dated July 6, 
2006).

4 
 
 
Twenty years later, VEC is still well under the established statutory four (4) million 
megawatt hour threshold.  To be sure, VEC is a PTO within ISO-NE but it is a PTO that is 
similarly situated to all of the other of the non-jurisdictional entities listed in footnote 10 
of the Order.  VEC respectfully submits that it is unaware of any basis, stated within the 
Order or any facts external to the Order, to treat VEC any different. VEC believes that the 
Order inadvertently identified it based on its legacy status as a public utility.  
Further. VEC believes the Commission did not intend to include it as a named 
respondent because in the Show Cause Order issued to the California Independent System 
Operator, Inc. and its transmission owners in Docket No. EL26-71-000, non-jurisdictional 
entities were purposefully included as respondents.5  However, in that order, the 
Commission made clear in footnote 9 that it included each of the non-jurisdictional entities 
as respondents “because their Transmission Owner Tariffs on file with the Commission 
detail the wholesale load interconnection process in CAISO.”6 The Commission continued, 
“[i]f a non-public utility wishes to be removed from this proceeding, we will rescind the 
show cause order against them at their request, and we expect CAISO to respond to this 
order regarding the non-public utility’s CAISO Tariff provisions on file with the 
Commission.”7  The Commission did not express a similar concern with respect to ISO-
NE’s non-jurisdictional transmission owners. 
 
5 Cal. Indep Sys. Op, Inc., et al, 195 FERC ¶ 61,214 (2026)(the “CAISO Order”) 
6 Id. at fn. 9.   
7 Id., citing Sw. Power Pool, Inc., 180 FERC ¶ 61,022, at P 40 (2022).

5 
 
An errata to the Order affecting ISO-NE would not impact or diminish the 
Commission’s stated show cause goals whatsoever; the Commission’s interests are in 
modification of the terms and conditions of the ISO-NE Tariff. Based on these facts, VEC 
respectfully requests that the Commission issue an errata to the Order that  
(1) removes VEC from the caption of Docket No. EL26-72-000, which intended 
to identify only ISO-NE and jurisdictional PTOs; and 
 
(2)  adds VEC in the list of non-jurisdictional PTO entities in footnote 10. 
 
To the extent the Commission determines the requested correction exceeds the 
scope of an errata, VEC respectfully requests in the alternative that the Commission issue 
a clarification that rescinds the Order with respect to VEC as described in the CAISO Order 
precedent set out above. 
  
 
 
 
 
 
       Respectfully submitted, 
 
  
/s/ Craig W. Silverstein 
Craig W. Silverstein 
March Counsel LLC 
2001 L Street NW 
Suite 500 
Washington, DC 20036 
(202) 640-2100 
craig.silverstein@marchcounsel.com  
 
Counsel for Vermont Electric Cooperative, 
Inc. 
 
Dated: June 22, 2026

CERTIFICATE OF SERVICE 
 
 
I hereby certify that on this 22nd day of June 2026, I have served a copy of the 
foregoing document on the official service list compiled by the Office of the Secretary for 
the above-referenced proceeding.  
 
 
 
 
 
 
 
/s/ Craig W. Silverstein