Federal Register - March 30, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Rules and Regulations distributed energy resource an opportunity to modify its interconnection agreement to address such concerns. In Order No. 2222, the Commission declined to exercise its jurisdiction over the interconnections of distributed energy resources to distribution facilities for the purpose of participating in RTO/ISO markets exclusively as part of a distributed energy resource aggregation.195 Further, the Commission stated that the final rule in no way prevents state and local regulators from amending their interconnection processes to address potential distribution system impacts due to the participation of distributed energy resources in aggregations.196
Moreover, the distribution utility review process, including its processes for dispute resolution as necessary, will allow a distributed energy resource aggregator to address any concerns raised by the distribution utility and propose additional mitigation measures.
4. RERRA Involvement 81. In Order No. 2222, the Commission required each RTO/ISO to specify in its tariff, as part of the market rules on coordination, how each RTO/
ISO will accommodate and incorporate voluntary RERRA involvement in coordinating the participation of aggregated distributed energy resources in RTO/ISO markets.197
a. Request for Clarification or Rehearing 82. Public Interest Organizations request that the Commission encourage RTOs/ISOs to explain in their compliance filings how they will ensure that coordination with RERRAs does not unjustly limit distributed energy resource aggregators access to wholesale markets.198
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b. Commission Determination 83. We deny Public Interest Organizations requested clarification.
In Order No. 2222, the Commission recognized the voluntary role that RERRAs can play, as the regulatory agencies governing distribution utilities and the distribution system, in stakeholder discussions to establish RTO/ISO rules for distributed energy resource aggregations.199 In recognizing this role, the Commission required that each RTO/ISO must specify in its tariff any role for RERRA involvement in coordinating the participation of 195 Id.
P 90.
P 294.
197 Id. P 322.
198 Public Interest Organizations Request for Rehearing at 4142.
199 Order No. 2222, 172 FERC 61,247 at PP 322
324.
196 Id.
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distributed energy resource aggregations in RTO/ISO markets.200 Consistent with the goals of Order No. 2222,201 the Commission will evaluate on compliance whether an RTOs/ISOs proposal delineates a role for RERRAs that would result in unjust and unreasonable limits on the participation of distributed energy resource aggregators in wholesale markets.
8371, TTY 202 5028659. Email the Public Reference Room at public.referenceroom@ferc.gov.
III. Information Collection Statement 84. The burden estimates have not changed from the final rule.
Electric power rates, Electric utilities, Reporting and recordkeeping requirements.
IV. Regulatory Flexibility Act 85. The Regulatory Flexibility Act of 1980 RFA 202 generally requires a description and analysis of final rules that will have significant economic impact on a substantial number of small entities. Pursuant to section 605b of the RFA, we still conclude that this rule will not have a significant economic impact on a substantial number of small entities.
V. Document Availability 86. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commissions Home Page http
www.ferc.gov. At this time, the Commission has suspended access to the Commissions Public Reference Room due to the Presidents March 13, 2020 proclamation declaring a National Emergency concerning the Novel Coronavirus Disease COVID19.
87. From the Commissions Home Page on the internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading.
To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field.
88. User assistance is available for eLibrary and the Commissions website during normal business hours from FERC Online Support at 2025026652
toll free at 18662083676 or email at ferconlinesupport@ferc.gov, or the Public Reference Room at 202 502
200 Id.
P 324.
id. P 279 stating that coordination requirements should not create undue barriers to entry for distributed energy resource aggregations;
see also id. P 130 The Commission will evaluate each proposal submitted on compliance to determine whether it meets the goals of this final rule to allow distributed energy resources to provide all services that they are technically capable of providing through aggregation..
202 5 U.S.C. 601612.
201 See
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VI. Effective Date and Congressional Notification 89. The further revised regulation in this order is effective June 1, 2021.
List of Subjects in 18 CFR Part 35
By the Commission.
Commissioner Danly is dissenting with a separate statement attached.
Commissioner Christie is dissenting with a separate statement attached.
Issued: March 18, 2021.
Nathaniel J. Davis, Sr., Deputy Secretary.
In consideration of the foregoing, the Commission is proposing to amend part 35, chapter I, title 18, Code of Federal Regulations, as follows:
PART 35FILING OF RATE
SCHEDULES AND TARIFFS
1. The authority citation for Part 35
continues to read as follows:
Authority: 16 U.S.C. 791a825r, 2601
2645; 31 U.S.C. 9701; 42 U.S.C. 71017352.
2. In 35.28, paragraph g12i is revised as follows:
35.28 Non-discrimination open access transmission tariff.
g
12 i Each independent system operator and regional transmission organization must have tariff provisions that allow distributed energy resource aggregations to participate directly in the independent system operator or regional transmission organization markets.
Note: The following appendices will not appear in the Code of Federal Regulations Department of Energy Federal Energy Regulatory Commission Participation of Distributed Energy Resource Aggregations in Markets Operated by Regional Transmission Organizations and Independent System Operators; Docket No.
RM189002
DANLY, Commissioner, dissenting:
1. I dissent from this order on rehearing of Order No. 2222, the Commissions distributed energy resource aggregations mandate, for the same reasons that I dissented from the
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