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US House votes to block New York capacity zone

  • Market: Electricity
  • 15/07/14

The US House of Representatives has passed a measure that aims to block a new capacity zone in southern New York state by preventing energy regulators from using federal funds on its implementation.

It remains unclear what effect the measure could have on the new capacity zone that incorporates the lower Hudson valley and New York City because the program already took effect in May. Federal energy regulators endorsed the creation of the zone, which is relevant only for forward capacity markets.

The zone created requirements for more capacity in the lower Hudson valley and is being implemented by the New York Independent System Operator, which manages the state's electricity grid. But it has drawn protests over concerns that it will force customers in the affected areas to pay $230mn/yr in higher electricity bills.

Representatives Sean Maloney (D-New York) and Chris Gibson (R-New York) offered the rider addressing the capacity zone as an amendment to the fiscal 2015 energy appropriations bill, and it passed by a voice vote on 10 July. The bill passed the House the next day. The 2015 fiscal year starts on 1 October.

The amendment would block the Federal Energy Regulatory Commission (FERC) from using funds granted under the appropriations bill to implement, administer or enforce an order issued last year approving the new capacity zone.

With the capacity zone already in effect and being used in capacity auctions, it is unclear how the funding prohibition would achieve the intended effect of blocking the capacity zone. FERC earlier this year denied a request for a rehearing related to the new capacity zone.

New York City remains the higher-priced market in daily trading. Manhattan zone forward assessments retain their premium to the lower Hudson valley market through 2016.

Maloney's deputy chief of staff Stephanie Formas noted that there is ongoing litigation against FERC related to its approval of the capacity zone but did not respond to questions about how the bill would stop the capacity zone.

The New York grid operator declined to comment on how the amendment could affect the zone but said it would provide an investment signal to retain existing resources and promote the development of new energy projects in the region.

The grid operator proposed the capacity zone merger in 2013 out of concern for falling generation capacity near major demand centers in New York City and neighboring counties. But the operator later asked for a delay, apparently responding to pressure from local, state and federal politicians.

FERC did not respond to requests for comment.

ck/ee

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