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Minutes of the Annual Meeting of the Power - New York Power ...

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E. Issue: Request for CoS Credit for Hydroelectric Energy Sales into<br />

NYISO Markets.<br />

Public Comments:<br />

The Neighboring States assert that <strong>the</strong> cost-based credit <strong>the</strong>y receive for all<br />

sales <strong>of</strong> energy made into <strong>the</strong> NYISO, through an annual reconciliation to <strong>the</strong><br />

RSR, is insufficient because it does not give <strong>the</strong>m a share <strong>of</strong> price at which<br />

NYPA sells its Hydro Project energy is into <strong>the</strong> NYISO markets. (NS Comments<br />

§1). The Neighboring States request an over $4 million adjustment to <strong>the</strong> CoS<br />

based on this argument.<br />

Staff Analysis:<br />

Staff notes that <strong>the</strong> Neighboring States’ argument is a collateral attack on Auer<br />

Settlement principles, which all <strong>of</strong> <strong>the</strong> customers have accepted as direct<br />

signatories or through <strong>the</strong>ir power contracts. Thus, <strong>the</strong>re is no adjustment<br />

warranted. To repeat our previous explanation made in <strong>the</strong> context <strong>of</strong> <strong>the</strong><br />

requested increased cost-based credit for ancillary services production, once <strong>the</strong><br />

customers have received a cost-based credit for sales into <strong>the</strong> NYISO, <strong>the</strong><br />

customers have no entitlement to <strong>the</strong> revenues <strong>of</strong> <strong>the</strong> Hydro Projects due to<br />

energy sales into <strong>the</strong> NYISO because once <strong>the</strong> cost-based rate is set, any<br />

revenues above cost garnered from o<strong>the</strong>r sales may be deposited into <strong>the</strong><br />

general fund <strong>of</strong> <strong>the</strong> Authority and such excess revenues should not be used to<br />

produce preference rates that are below cost.<br />

Recommendation:<br />

Because this claim is foreclosed by <strong>the</strong> Auer Settlement principles, Staff<br />

recommends no CoS adjustment based on <strong>the</strong> NS Customers’ claim.<br />

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