EnerNOC, Maryland Staff Files Settlement on Failure to Meet Gap RFP Obligations

EnerNOC, Inc., Maryland PSC Staff, the Office of People's Counsel, and three affected utilities have filed a settlement regarding EnerNOC's failure to attain demand response in the amount required under the Gap RFP contracts (Case 9149).

See 6/29 story for background

The settlement, which covers EnerNOC's contracts with Pepco, Delmarva, and Potomac Edison, allows EnerNOC to amend the agreements but requires EnerNOC to either pay to, or forgo payment from, Maryland ratepayers during the 2012-2015 time period, with the amount redacted.

The contracts will also be amended to allow Demand Resources and Capacity Only resources to qualify as "Capacity Resources" (in addition to Interruptible Load for Reliability as originally defined) under the agreements during the 2011/12 delivery year, and to adjust the Committed Capacity amounts downward to match the amount that EnerNOC actually provided.

Energy Curtailment Specialists had sought similar relief to that originally requested by EnerNOC as ECS was also unable to deliver the demand response capacity it was obligated to deliver, but Energy Curtailment Specialists and other parties have not been able to reach a settlement.