FERC Amends Regulations to Remedy Barriers to Energy Storage Participation in Wholesale Electricity Markets; Saves Distributed Energy Reform for a Later Date

Feb 21, 2018

Reading Time : 5 min

By: Shawn Whites (paralegal)

Although similar reforms for distributed energy resources (DERs) were proposed in FERC’s November 17, 2016, Notice of Proposed Rulemaking (NOPR)—which we outlined here—FERC declined to initiate those reforms now in order to develop a more comprehensive record. As such, the Commission initiated two separate proceedings2 focusing on DER aggregations and “technical considerations of the bulk power system” (i.e., issues relating to resilience and reliability), which kicks off with a two-day technical conference on April 10-11, 2018.

Four of five FERC commissioners issued separate statements supporting the Final Rule, all of whom cited the critical role that energy storage can play in ensuring a more flexible, reliable, and low-cost grid.3 With a clear path for participation in the wholesale markets, FERC’s reforms are a win for not only energy storage providers, but also for  renewable developers, since storage plus renewable projects can help to mitigate the oversupply of renewable capacity in certain RTO/ISO markets.

Background

The Commission’s attention to energy storage follows the evolving market for and recognition of the critical role that energy storage will play in “accommodat[ing] the ever-increasing demand for clean, renewable resources,” as Commissioner Richard Glick explains. States such as California, Massachusetts, and New York, for example, have set storage targets to assist with the rapid deployment of renewable resources under their decarbonization plans.4 However, the wholesale markets, with the exception of the California Independent System Operator (CAISO) and PJM Interconnection (PJM), have largely remained on the sidelines in addressing this trend. As such, FERC’s energy storage reforms are, in part, an effort to cement into place the “remarkable trajectory” of energy storage deployment.5

At its core, though, the Final Rule is an effort by the Commission to ensure just and reasonable rates. As the Commission explains, current RTO/ISO market rules were designed long before the advent of advanced energy storage resources, such as batteries and flywheels. In certain markets, for example, narrowly defined participation models force storage resources to participate as only demand response, which restricts these resources from “employ[ing] their full operational range, prohibit[s] them from injecting power onto the grid, and preclude[s] them from providing certain services that they are technically capable of providing (such as operating reserves).” As a result, FERC notes, energy storage has been unable to compete with existing resources in the market, thereby reducing market efficiency and “potentially leading an RTO/ISO to dispatch more expensive resources to meet its system needs.” By removing these barriers to participation in the Final Rule, the Commission thus seeks to enhance competition and “help to ensure that the RTO/ISO markets produce just and reasonable rates.”

Energy Storage Participation Model

The Final Rule requires that each RTO/ISO revise its tariff to establish a participation model for energy storage. Although deference is provided to each RTO/ISO to implement the technical considerations given the distinct differences between their markets, such as minimum qualification criteria, the Final Rule specifies that each RTO/ISO participation model must demonstrate the following:

  • Eligibility to Provide All Capacity, Energy, and Ancillary Services – The Commission requires each regional participation model to include market rules that ensure that energy storage is eligible to provide any energy, capacity, or ancillary services it is “technically capable of providing”(i.e., meeting the RTO/ISO’s technical, operational and/or performance requirements for­­­­­ such services). Importantly, by establishing a distinct participation model for energy storage, the Commission specifies that energy storage resources should not be precluded from participating in existing models (e.g., demand response) for which they qualify.
  • Ability to Set Wholesale Prices as Both a Buyer and a Seller – To ensure that market prices better reflect the value of energy storage when it is the marginal resource, each participation model is required to include rules that ensure that energy storage will set the market clearing price both when it is a buyer (charging) and a seller (discharging).  To set wholesale prices, the Commission requires that energy storage resources be available as a “dispatchable” resource by the RTO/ISO in accordance with “their most economically efficient use.”
  • Account for Physical and Operational Characteristics – In the NOPR, the Commission proposed to require that each participation model include certain mandatory bidding parameters specific to energy storage. In the Final Rule, however, FERC states that a uniform set of bidding parameters may not serve as the best means for accounting for the physical and operational characteristics of energy storage, given the unique differences between RTO/ISO markets. Instead, the Commission provides RTOs/ISOs with the flexibility to account for the following characteristics, whether through bidding parameters or other means: (i) state of charge, (ii) maximum state of charge, (iii) minimum state of charge, (iv) maximum charge limit, (v) maximum discharge limit, (vi) minimum charge time, (vii) maximum charge time, (viii) minimum run time, (ix) maximum run time, (x) minimum discharge limit, (xi) minimum charge limit, (xii) discharge ramp rate, and (xiii) charge ramp rate.
  • Minimum Size Requirements – Participation models are required to establish a minimum size requirement that does not exceed 100 kW.
  • Pricing of Sales to Energy Storage – The Final Rule requires each RTO/ISO to revise its tariff to specify that sales of energy from the RTO/ISO market to energy storage, which are then resold to the market, must be at the wholesale locational marginal price.

DER Aggregations and Bulk Power System Resiliency

While the Commission recognizes the importance of removing barriers to DER aggregations in the wholesale markets, it finds that more information is needed. This inquiry begins with a two-day technical conference in April, which, as Commissioner Cheryl LaFleur details, will explore a broad set issues falling into two categories: (i) an understanding of just and reasonable payment options for DERs that operate at both the wholesale and retail levels, and (ii) operational coordination between transmission and distribution control centers in deploying DERs.

The latter set of issues falls into the Commission’s ongoing conversation on grid resiliency. As FERC staff highlights in a report issued concurrently with the Final Rule, “increasing DER capacity, if not properly accounted for, could cause reliability concerns for the bulk power system.” The technical conference’s second day will thus focus on issues related to DER installation data, system modeling and planning, and coordination.

What’s Next?

The Final Rule is effective June 4, 2018; please insert this citation as a footnote after the semicolon:  Elec. Storage Participation in Mkts. Operated by RTOs and ISOs, 83 Fed. Reg. 9,580 (Mar. 6, 2018); RTO/ISO compliance filings amending their market rules are due 270 days after the effective date, with implementation of those rules to take place within one year of their compliance filings. Given such a lengthy implementation period, energy storage providers and stakeholders should closely follow the RTO/ISO forums seeking to implement the Final Rule, as each grid operator will approach its revisions with attention to its distinct market operations.  

 


1 As amended by the Final Rule, FERC’s regulations at 18 C.F.R. § 35.38(b) will define an “electric storage resource” as “a resource capable of receiving electric energy from the grid and storing it for later injection of electric energy back to the grid.”

2 See Docket Nos. RM18-9 and AD18-10.

3 See Statements of Commissioners Cheryl A. LaFleur, Robert F. Powelson, Richard Glick and Neil Chatterjee.

4 See Peter Maloney, FERC order opens “floodgates” for energy storage in wholesale markets, Utility Dive (Feb. 20, 2018), https://www.utilitydive.com/news/ferc-order-opens-floodgates-for-energy-storage-in-wholesale-markets/517326/.

5 See Statement of Commissioner Richard Glick.

Share This Insight

Previous Entries

Speaking Energy

August 07, 2024

*Thank you to JaKell Larson, 2024 Akin Summer Associate, for her valuable collaboration on this article.

...

Read More

Speaking Energy

July 31, 2024

Interstate oil, liquid and refined products pipelines regulated by the Federal Energy Regulatory Commission (FERC) will soon be able to raise their transportation rates (provided they were set using FERC’s popular Index rate methodology) in the wake of a significant new decision by the District of Columbia Circuit (the D.C. Circuit) in Liquid Energy Pipeline Association v. FERC (LEPA).

...

Read More

Speaking Energy

July 29, 2024

On Wednesday, July 24, 2024, the U.S. House of Representative Committee on Energy and Commerce held a Subcommittee on Energy, Climate, and Grid Security hearing to review the Federal Energy Regulatory Commission (FERC or Commission) Fiscal Year 2025 Budget Request. Members of the Subcommittee had the opportunity to hear testimony from all five Commissioners, including FERC Chairman Willie Phillips and Commissioner Mark Christie, as well as the three recently confirmed commissioners, David Rosner, Lindsay See and Judy Chang. In addition to their prepared remarks, the five commissioners answered questions on FERC’s mandate to provide affordable and reliable electricity and natural gas services nationwide, while also ensuring it fulfills its primary mission of maintaining just and reasonable rates.

...

Read More

Speaking Energy

July 29, 2024

On July 9, 2024, the U.S. Court of the Appeals for the D.C. Circuit held that the Federal Energy Regulatory Commission (FERC or the Commission) erred in ordering refunds for certain bilateral spot market transactions in the Western Energy Coordinating Council (WECC) region that exceeded the $1,000/megawatt-hour (MWh) “soft” price cap for such sales.1 Finding FERC failed to conduct a “Mobile-Sierra public-interest analysis” before “altering” those contracts by ordering refunds, the court vacated FERC’s orders and remanded the case to FERC for further proceedings.2

...

Read More

Speaking Energy

July 8, 2024

On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., which for 40 years required court deference to reasonable agency interpretations of federal statutes in certain circumstances, even when the reviewing court would read the statute differently. The Court ended “Chevron deference” and held that courts “must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.” In doing so, the Court upended a longstanding principle of administrative law that is likely to make agency decisions more susceptible to challenge in the courts.

...

Read More

Speaking Energy

July 3, 2024

We are pleased to share a recording of Akin and ICF’s recently presented “Powering Progress: Decoding FERC Order No. 1920” webinar, along with the program materials.

...

Read More

Speaking Energy

June 12, 2024

Join projects & energy transition partner Ben Reiter at Infocast's Transmission & Interconnection Summit, where he will moderate the “Dealing with the Impacts of Increased Interconnection Request Requirements and Costs” panel.

...

Read More

Speaking Energy

June 4, 2024

Join projects & energy transition partners Hayden Harms and Vanessa Wilson at Infocast's RNG & SAF Capital Markets Summit, where Hayden will moderate the "Investor Perspectives: Private Equity, Infrastructure Funds, & Strategies" panel, and Vanessa will moderate the "Opportunities in Other Biogas/Fuels Markets" panel.

...

Read More

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.