Advanced Energy Perspectives

On September 18, the Federal Energy Regulatory Commission (FERC) issued Order No. 2222, a long-awaited order setting the stage for aggregations of distributed energy resources (DERs) to participate on a level playing field in the wholesale markets operated by Regional Transmission Organizations and Independent System Operators (RTOs/ISOs). Adoption of these small, flexible, customer-sited resources has proliferated across the United States, primarily driven by customer demand, technology improvement, and falling prices. However, DERs have been largely left out of U.S. wholesale power markets. FERC’s order embraces these market trends and directs RTOs/ISOs to remove market barriers and allow aggregated DERs to compete. That opens the door for new revenue streams for DER owners, new business models for DER aggregators, and new flexibility for the grid. But realizing this potential will depend on how RTOs/ISOs implement the order.

The decline of coal has been well documented over the last decade, as it has gone from the majority electricity resource in the United States to less than a third of current power generation. At the same time, there have been many policy attempts to stop the retirement of uneconomic coal. For the first two years of the Trump Administration, several attempts were made – including use of the now-famous Defense Production Act – to bail out coal plants across the country. And some state legislatures – most notably in Indiana – have tried to keep utilities from transitioning from coal to advanced energy solutions. Now, the practice of “self-scheduling” coal plants – i.e., running them even when they are not the cheapest resource available for customers – is emerging as a coal-protection mechanism, especially in the MISO and SPP markets. In the first half of 2020, several state commissions, including the Indiana Utility Regulatory Commission, have begun to more closely review whether utilities under their jurisdiction engage in this practice. In July, Advanced Energy Economy intervened in an Indiana proceeding to argue against Duke Energy Indiana’s self-scheduling practice and teamed up with Berkeley Research Group to show how advanced energy resources can replace these coal plants and save Indiana ratepayers hundreds of millions of dollars.  

Frustrated by recent decisions from the Federal Energy Regulatory Commission (FERC) and dismayed to see their policy objectives undermined by wholesale market rules, a growing number of states are considering taking matters into their own hands. Specifically, in response to FERC’s rulings disadvantaging resources that benefit from state clean energy policies, some states in PJM Interconnection and ISO New England, along with New York, are considering alternatives to centralized capacity markets – including leaving these markets altogether. An AEE background paper released last week cautions that leaving an independently operated capacity market is no quick fix for the curve balls FERC has thrown at states. Rather, leaving centralized capacity markets is a fraught choice that should be pursued only if all other potential pathways have been thoroughly exhausted. Make no mistake – the current FERC majority is attempting to undermine clean energy and state choices. Even in the face of that threat, though, states would be better off working with RTOs/ISOs and other stakeholders to identify reforms to energy, ancillary services, and capacity markets to align them with state clean energy policies, rather than undermine them.

Friction between organized wholesale electricity markets operated by Regional Transmission Organizations and Independent System Operators (RTOs/ISOs) and the trend – driven by policy, technology, and market forces – toward cleaner energy options have generated plenty of headlines in recent years. The barriers to entry that advanced energy technologies sometimes face in wholesale markets have come into stark relief, as federal policies like the Federal Energy Regulatory Commission’s (FERC) Minimum Offer Price Rule (MOPR), legacy market rules and market designs, and efforts to use the levers of federal power to prop up aging uneconomic power plants and put new regulatory barriers in front of clean energy resources collide with rapidly increasing state and customer ambitions to switch to clean energy.    

Despite these conflicts, competitive wholesale markets have still shown themselves to be a platform to integrate new technologies, increase transparency, and harness competitive forces over broad geographic regions to scale development of low-cost advanced energy technologies, improve customer access to those technologies, and replace uneconomic existing fossil fuel plants. FERC opened these markets to full participation by energy storage resources with its Order No. 841, creating a 40 GW opportunity to scale up development of technology that will be instrumental in the 100% clean energy grid of the future. And outside of FERC, RTO/ISO stakeholder processes are moving ahead on their own to reform market rules and operating practices to integrate transformative hybrid solar/wind-plus-storage power plants and consider a role for carbon pricing in the markets, providing a forum for discussions and market design progress not available in other regions.   

In December, we published a list of the top 10 utility regulation trends of 2019. With 2020 now past the halfway point, we check in on the top public utility commission (PUC) actions and trends so far this year. Ten trends stand above the rest, from the impact of COVID on everything, to a growing trend in electric vehicle make-ready investments, to an increasing number of states implementing 100% clean energy targets. And, for the first time, we are including in our curation a key trend in federal regulation of wholesale electricity markets, as it goes directly to the question of who is in charge of energy policy in a changing electricity landscape. Prepare to settle in, as here is the full round-up of the top 10 utility regulation trends so far in 2020.

Note: some links in this post reference PUC filings and other documents in AEE's software platform, PowerSuite. Click here to sign up for a free trial.