FERC Dismisses Integrys Complaint Over New Brunswick Power Generation Market-Based Rate Authority

FERC ruled yesterday that New Brunswick Power Generation Corporation satisfies the Commission's standards for market-based rate authority in the New Brunswick System Operator balancing authority area, dismissing a complaint from Integrys Energy Services (EL09-32).

FERC said that, notwithstanding an analysis showing that New Brunswick Power Generation is a pivotal supplier during six season/load periods with Hirschman-Herfindahl Indices above 2,500 in those same six season/load periods, New Brunswick Power Generation's native load obligations eliminate any market power concerns.

Regarding vertical market power, FERC will require New Brunswick Power Generation to submit a compliance filing once the New Brunswick Regulatory Board has acted on a revised New Brunswick System Operator OATT filing, within 30 days of the date of such action. The compliance filing must describe how the revised NBSO OATT offers comparable, non-discriminatory transmission access.

Aside from requiring this compliance filing, the Commission dismissed Integrys' horizontal and vertical market power claims as "unsubstantiated."