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NYISO Suspends Market Participant From NYISO Markets
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The New York Independent System Operator, Inc. (NYISO) provided notice to FERC of the immediate termination of Energy Conservation and Supply, Inc. from the ISO-Administered Markets in accordance with Section 2.7.5.3 of the NYISO’s Open Access Transmission Tariff (OATT) and Section 7.5.3 of the Market Administration and Control Area Services Tariff (Services Tariff).
NYISO stated in the FERC filing as follows: "On May 7, 2025, the NYISO requested an updated list of affiliates from ECS [Energy Conservation and Supply, Inc.] pursuant to Section 2.15 of the OATT. After issuing additional requests for affiliate information and attempting to contact ECS [Energy Conservation and Supply, Inc.], on June 24, 2025, the NYISO provided notice to ECS [Energy Conservation and Supply, Inc.] that its continued non-response to NYISO’s request constituted failure to perform a material covenant, which is a basis for an event of default under Section 7.5.1(xvii) of the Services Tariff. ECS [Energy Conservation and Supply, Inc.] still has not provided a response to NYISO’s request for an updated list of affiliates and is in default under the NYISO’s tariffs."
NYISO stated in its filing that Section 7.5.1(xvii) of the Services Tariff states that an event of default shall occur if a customer fails, "to perform any material covenant set forth in the Tariff or a Service Agreement (other than the events that are otherwise specifically covered in this Section as a separate Event of Default), and such failure is not excused by Force Majeure or cured within five (5) business days after written notice thereof to the Defaulting Party."
NYISO stated in its filing as follows: "This action by the NYISO is without prejudice to any of the NYISO’s other rights under applicable law. Moreover, nothing herein shall constitute a modification or amendment of, or election of remedies with respect to, any of the NYISO’s rights or remedies under the OATT, the Services Tariff, or applicable law, all of which the NYISO hereby expressly reserves in their entirety."
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July 15, 2025
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Reporting by Paul Ring • ring@energychoicematters.com
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