UPDATE: Connecticut AG Asks FERC To Compel Pwr Cos To Pay $86 Million
20 Avril 2009 - 11:02PM
Dow Jones News
The Connecticut attorney general on Monday asked the Federal
Energy Regulatory Commission to force electricity generators
operating within the New England power market to pay back nearly
$86 million to rate payers.
In a related action, AG Richard Blumenthal unveiled an
anti-trust investigation into both the generators operating within
the New England Independent System Operator and the power grid
manager itself.
Blumenthal, a long-time critic of the deregulated markets in the
Northeastern states, said the generators received almost $86
million for services the companies never provided.
Companies such as NRG Energy Inc (NRG), Entergy Corp (ETR),
Dominion Resources Inc (D), and Public Service Enterprise Group
Inc. (PEG), operate within the New England ISO.
According to his office, a number of unnamed generators were
paid to provide power during peak demand periods, but on 108
occasions between 2006 and 2009, failed to supply electricity as
requested.
"There was a need, and a request, but it was rejected,"
Blumenthal told Dow Jones Newswires in a telephone interview.
A spokeswoman for ISO-New England said the firm would soon
provide FERC with information to address the AG's concerns, but
couldn't immediately elaborate.
A FERC spokeswoman declined to comment, but a said the formal
complaint had been received.
In the anti-trust probe, Blumenthal said he's demanded the New
England ISO to release the names of the generators who received
payment, but said so far, the system operator has refused to
comply.
"These generators swindled rate payers out of nearly $86
million, and I will fight for a full refund," Blumenthal said in a
press release.
"I am today asking FERC to compel these unscrupulous power
providers to return every penny to rate payers," he said.
In an anti-trust probe, the AG must show that companies colluded
to manipulate power prices, such as not providing power during peak
periods, which could push prices artificially up. Blumenthal told
Dow Jones Newswires that was one of the scenarios his office was
investigating.
Among the allegations filed in the AG complaint to FERC,
Blumenthal alleges that un-named market participants manipulated
the market, "collectively and simultaneously" by designed their
bidding activity "so as to increase their energy bids filed with
ISO-NE to levels far in excess of their cost of production."
The Connecticut AG also asked the Commission to investigate why
the New England ISO "apparently failed to hold the (market
participants) accountable for their repeated failures."
As part of the complaint, Blumenthal's seeking to change the
regulations that allowed the alleged payments without service, as
well as the reporting structure of the New England ISO.
By Ian Talley, Dow Jones Newswires; (202) 862 9285;
ian.talley@dowjones.com;