[Insert Date 60 Days After Date Of Publication 270 Days .
172 FERC ¶ 61,247DEPARTMENT OF ENERGYFEDERAL ENERGY REGULATORY COMMISSION18 CFR Part 35[Docket No. RM18-9-000; Order No. 2222]Participation of Distributed Energy ResourceAggregations in Markets Operated by RegionalTransmission Organizations and Independent SystemOperators(Issued September 17, 2020)AGENCY: Federal Energy Regulatory Commission.ACTION: Final rule.SUMMARY: The Federal Energy Regulatory Commission (Commission) is amendingits regulations to remove barriers to the participation of distributed energy resourceaggregations in the capacity, energy, and ancillary service markets operated by RegionalTransmission Organizations and Independent System Operators (RTO/ISO).DATES: This rule will become effective [Insert Date 60 days after date of publicationin the FEDERAL REGISTER]. Each RTO/ISO must file the tariff changes needed toimplement the requirements of this final rule by [Insert Date 270 days after date ofpublication in the FEDERAL REGISTER].
Docket No. RM18-9-000FOR FURTHER INFORMATION CONTACT:David Kathan (Technical Information)Office of Energy Policy and InnovationFederal Energy Regulatory Commission888 First Street, NEWashington, DC 20426(202) 502-6404Karin Herzfeld (Legal Information)Office of General Counsel – Energy MarketsFederal Energy Regulatory Commission888 First Street, NEWashington, DC 20426(202) 502-8459SUPPLEMENTARY INFORMATION:ii
172 FERC ¶ 61,247UNITED STATES OF AMERICAFEDERAL ENERGY REGULATORY COMMISSIONBefore Commissioners: Neil Chatterjee, Chairman;Richard Glick and James P. Danly.Participation of Distributed Energy ResourceAggregations in Markets Operated by RegionalTransmission Organizations and Independent SystemOperatorsDocket No. RM18-9-000ORDER NO. 2222FINAL RULE(Issued September 17, 2020)TABLE OF CONTENTSParagraph NumbersI. Introduction . 1.II. Procedural History . 10.III. Need for Reform . 16.A. Comments. 19.B. Commission Determination . 26.IV. Discussion . 31.A. Commission Jurisdiction . 31.1. Scope of Final Rule . 31.a. Comments . 32.b. Commission Determination . 38.2. Opt-Out . 45.a. Comments . 47.b. Commission Determination . 56.3. Interconnection . 68.a. Comments and Data Request Responses. 70.b. Commission Determination . 90.B. Definitions of Distributed Energy Resource and Distributed Energy Resource
Docket No. RM18-9-000-2-Aggregator. 105.1. NOPR Proposal . 105.2. Comments . 106.3. Commission Determination . 114.C. Eligibility to Participate in RTO/ISO Markets through a Distributed EnergyResource Aggregator. 119.1. Participation Model . 119.a. NOPR Proposal . 119.b. Comments. 120.c. Commission Determination . 129.2. Types of Technologies. 133.a. NOPR Proposal . 133.b. Comments. 135.c. Commission Determination . 141.3. Double Counting of Services . 147.a. NOPR Proposal . 147.b. Comments. 148.c. Commission Determination . 159.4. Minimum and Maximum Size of Aggregation . 165.a. NOPR Proposal . 165.b. Comments. 167.c. Commission Determination . 171.5. Minimum and Maximum Capacity Requirements for Distributed EnergyResources Participating in an Aggregation . 175.a. NOPR Proposal . 175.b. Comments. 176.c. Commission Determination . 179.6. Single Resource Aggregation . 182.a. NOPR Proposal . 182.b. Comments. 183.c. Commission Determination . 185.D. Locational Requirements . 187.a. NOPR Proposal . 187.b. Comments. 191.c. Commission Determination . 204.E. Distribution Factors and Bidding Parameters. 208.a. NOPR Proposal . 208.b. Comments. 210.c. Commission Determination . 225.F. Information and Data Requirements . 230.a. NOPR Proposal . 230.b. Comments. 231.c. Commission Determination . 236.
Docket No. RM18-9-000-3-G. Metering and Telemetry System Requirements . 241.a. NOPR Proposal . 241.b. Comments. 246.c. Commission Determination . 262.H. Coordination between the RTO/ISO, Aggregator, and Distribution Utility . 272.1. Market Rules on Coordination . 272.a. NOPR Proposal . 272.b. Comments. 274.c. Commission Determination . 278.2. Role of Distribution Utilities . 281.a. NOPR Proposal . 281.b. Comments. 282.c. Commission Determination . 292.3. Ongoing Operational Coordination . 300.a. NOPR Proposal . 300.b. Comments. 302.c. Commission Determination . 310.4. Role of Relevant Electric Retail Regulatory Authorities . 314.a. NOPR Proposal . 314.b. Comments. 315.c. Commission Determination . 322.5. Coordination Frameworks . 325.a. NOPR Proposal . 325.b. Comments. 326.c. Commission Determination . 330.I. Modifications to List of Resources in Aggregation. 332.a. NOPR Proposal . 332.b. Comments. 333.c. Commission Determination . 335.J. Market Participation Agreements . 339.1. NOPR Proposal . 339.2. Comments . 342.3. Commission Determination . 352.K. Compliance. 357.1. Comments . 358.2. Commission Determination . 360.L. Issues Beyond the Scope of this Rulemaking. 362.1. Comments . 362.2. Commission Determination . 363.V. Information Collection Statement . 364.A. Summary of this IC .B. Discussion. 366.
Docket No. RM18-9-000-4-VI. Environmental Analysis . 369.VII. Regulatory Flexibility Act Certification . 370.VIII. Document Availability . 375.IX. Effective Date and Congressional Notification. 378.Appendix A: Abbreviated Names of Commenters.I.IntroductionIn this final rule, the Federal Energy Regulatory Commission (Commission) isadopting reforms to remove barriers to the participation of distributed energy resource1aggregations in the Regional Transmission Organization (RTO) and Independent SystemOperator (ISO) markets (RTO/ISO markets). 2 For the reasons discussed below, we findthat existing RTO/ISO market rules are unjust and unreasonable in light of barriers thatthey present to the participation of distributed energy resource aggregations in theRTO/ISO markets, which reduce competition and fail to ensure just and reasonable rates.1We define a distributed energy resource as any resource located on thedistribution system, any subsystem thereof or behind a customer meter. These resourcesmay include, but are not limited to, electric storage resources, distributed generation,demand response, energy efficiency, thermal storage, and electric vehicles and theirsupply equipment. See infra P 114.2For purposes of this final rule, we define RTO/ISO markets as the capacity,energy, and ancillary services markets operated by the RTOs and ISOs. We note that, inthe Notice of Proposed Rulemaking (NOPR) in this proceeding, the Commission used“organized wholesale electric markets” and included that term in the proposed regulatorytext. See Electric Storage Participation in Markets Operated by Regional TransmissionOrganizations & Independent System Operators, Notice of Proposed Rulemaking, 81 FR86522, 157 FERC ¶ 61,121 (2016) (NOPR). We find that using “RTO/ISO markets” issufficient to describe the markets at issue in this final rule and therefore will no longeruse “organized wholesale electric markets” here or include that term in the regulatorytext.
Docket No. RM18-9-000-5-Therefore, pursuant to the Commission’s authority under Federal Power Act (FPA)section 206, 3 the Commission modifies § 35.28 4 of its regulations to require eachRTO/ISO to revise its tariff to ensure that its market rules facilitate the participation ofdistributed energy resource aggregations, as discussed further below.As the Commission explained in the NOPR, barriers to the participation of newtechnologies, such as many types of distributed energy resources, in the RTO/ISOmarkets can emerge when the rules governing participation in those markets are designedfor traditional resources and in effect limit the services that emerging technologies canprovide. 5 For example, the Commission noted in the NOPR that, as a general matter,distributed energy resources tend to be too small to meet the minimum size requirementsto participate in the RTO/ISO markets on a stand-alone basis, and may be unable to meetcertain qualification and performance requirements because of the operational constraintsthey may have as small resources. 6 The Commission further stated that existingparticipation models 7 for aggregated resources, including distributed energy resources,316 U.S.C. 824e.418 CFR 35.28 (2020).5See NOPR, 157 FERC ¶ 61,121 at P 2.6See id. PP 13, 105.7In addition to tariff provisions that apply to all market participants, theRTOs/ISOs create tariff provisions for specific types of resources when those resourceshave unique physical and operational characteristics or other attributes that warrantdistinctive treatment from other market participants. The tariff provisions that are created
Docket No. RM18-9-000-6-often require those resources to participate in the RTO/ISO markets as demand response,which limits their operations and the services that they are eligible to provide. 8Where such barriers exist, resources that are technically capable of providing someservices on their own or through aggregation are precluded from competing withresources that are already participating in the RTO/ISO markets. 9 These restrictions oncompetition can reduce the efficiency of the RTO/ISO markets, potentially leading anRTO/ISO to dispatch more expensive resources to meet its system needs. By removingbarriers to the participation of distributed energy resource aggregations in the RTO/ISOmarkets, this final rule will enhance competition and, in turn, help to ensure that theRTO/ISO markets produce just and reasonable rates.for a particular type of resource are what we refer to in this final rule as a participationmodel.8NOPR, 157 FERC ¶ 61,121 at P 106. Demand response means a reduction in theconsumption of electric energy by customers from their expected consumption inresponse to an increase in the price of electric energy or to incentive payments designedto induce lower consumption of electric energy. 18 CFR 35.28(b)(4).9In Order No. 841, the Commission clarified that “technically capable” ofproviding a service means meeting all of the technical, operational, and/or performancerequirements that are necessary to reliably provide that service. Electric StorageParticipation in Markets Operated by Regional Transmission Organizations &Independent System Operators, Order No. 841, 83 FR 9580, 162 FERC ¶ 61,127, at P 78(2018), order on reh’g, Order No. 841-A, 84 FR 23902, 167 FERC ¶ 61,154 (2019), aff’dsub nom. Nat’l Ass’n of Regulatory Util. Comm’rs v. FERC, 964 F.3d 1177 (D.C. Cir.2020).
Docket No. RM18-9-000-7-Facilitating distributed energy resource participation in RTO/ISO markets willprovide a variety of benefits to those markets. Integrating these resources’ capabilitiesinto RTO/ISO planning and operations will help the RTOs/ISOs account for the impactsof these resources on installed capacity requirements and day-ahead energy demand,thereby reducing uncertainty in load forecasts and reducing the risk of over procurementof resources and the associated costs. 10 These resources are able to locate where pricesignals indicate that new capacity is most needed, potentially helping to alleviatecongestion and congestion costs during peak load conditions and to reduce costs relatedto transmitting energy into persistently high-priced load pockets. 11 Indeed, in the NOPR,the Commission noted certain valuable characteristics that distributed energy resourcescan offer, including their ability to co-locate with load and provide associated benefits.Additionally, their relatively short development lead time allows distributed energyresources to respond rapidly to near-term generation or transmission reliability-relatedrequirements, further improving their ability to enhance reliability and reduce systemcosts.The rules that we adopt in this final rule will help enable the participation ofdistributed energy resources in the RTO/ISO markets by providing a means for theseresources to, in the aggregate, satisfy minimum size and performance requirements that10NOPR, 157 FERC ¶ 61,121 at P 129.11Id. P 130.
Docket No. RM18-9-000-8-they may not meet on a stand-alone basis. 12 The Commission in the NOPR noted thatdistributed energy resource aggregations can help to address the commercial andtransactional barriers to distributed energy resource participation in the RTO/ISOmarkets, such as sharing the significant costs of participating in those markets, includingthe costs of the necessary metering, telemetry, and communication equipment. 13To address barriers to the participation of distributed energy resource aggregationsin the RTO/ISO markets, we require each RTO/ISO to revise its tariff to establishdistributed energy resource aggregators as a type of market participant that can registerdistributed energy resource aggregations under one or more participation models in theRTO/ISO tariff that accommodate the physical and operational characteristics of eachdistributed energy resource aggregation.Generally, we are adopting the specific reforms proposed in the NOPR, but withcertain revisions based on the record in this proceeding, including input from theCommission technical conference convened April 10-11, 2018, responses to a posttechnical conference notice, and responses to the Commission’s September 5, 2019 DataRequests to RTOs/ISOs on policies and procedures that affect the interconnection ofdistributed energy resources. In particular, certain proposals in the NOPR have beenaltered in this final rule to better address the needs of different stakeholders, facilitatesolutions to potential technical challenges, and to reflect the substantial efforts that have12See id. PP 105, 125.13Id. P 126.
Docket No. RM18-9-000-9-already been undertaken by some RTOs/ISOs to incorporate distributed energy resourcesinto their markets, by providing for greater regional flexibility with respect to a numberof proposed requirements.For each RTO/ISO, the tariff provisions addressing distributed energy resourceaggregations must (1) allow distributed energy resource aggregations to participatedirectly in RTO/ISO markets and establish distributed energy resource aggregators as atype of market participant; (2) allow distributed energy resource aggregators to registerdistributed energy resource aggregations under one or more participation models thataccommodate the physical and operational characteristics of the distributed energyresource aggregations; (3) establish a minimum size requirement for distributed energyresource aggregations that does not exceed 100 kW; (4) address locational requirementsfor distributed energy resource aggregations; (5) address distribution factors and biddingparameters for distributed energy resource aggregations; (6) address information and datarequirements for distributed energy resource aggregations; (7) address metering andtelemetry requirements for distributed energy resource aggregations; (8) addresscoordination between the RTO/ISO, the distributed energy resource aggregator, thedistribution utility, and the relevant electric retail regulatory authorities; (9) addressmodifications to the list of resources in a distributed energy resource aggregation; and(10) address market participation agreements for distributed energy resource aggregators.Additionally, each RTO/ISO must accept bids from a distributed energy resourceaggregator if its aggregation includes distributed energy resources that are customers ofutilities that distributed more than 4 million megawatt-hours in the previous fiscal year.
Docket No. RM18-9-000- 10 -An RTO/ISO must not accept bids from a distributed energy resource aggregator if itsaggregation includes distributed energy resources that are customers of utilities thatdistributed 4 million megawatt-hours or less in the previous fiscal year, unless therelevant electric retail regulatory authority permits such customers to be bid intoRTO/ISO markets by a distributed energy resource aggregator.As discussed further below in Section IV.K (Compliance), each RTO/ISO mustfile the tariff changes needed to implement the requirements of this final rule within 270days of the publication date of this final rule in the Federal Register.II.Procedural HistoryThis final rule arises out of the same Commission inquiry that led to Order No.841, 14 in which the Commission amended its regulations under the FPA to removebarriers to the participation of electric storage resources in RTO/ISO markets. TheCommission commenced that inquiry by hosting a panel to discuss electric storageresources at its November 19, 2015, open meeting. Subsequently, on April 11, 2016,Commission staff issued data requests to each of the six RTOs/ISOs seeking informationabout the rules in the RTO/ISO markets that affect the participation of electric storageresources. Concurrently, Commission staff issued a request for comments, seekinginformation from interested persons on whether barriers exist to the participation ofelectric storage resources in the RTO/ISO markets that may potentially lead to unjust andunreasonable wholesale rates. In addition to the responses from the RTOs/ISOs,14Order No. 841, 162 FERC ¶ 61,127.
Docket No. RM18-9-000- 11 -Commission staff received 44 comments. Many of the responses and commentsdiscussed types of distributed energy resources and general market participation issuesbeyond concerns specific to electric storage resources. 15On November 17, 2016, the Commission issued the NOPR in that proceeding.In addition to its proposed reforms to facilitate the participation of electric storageresources in RTO/ISO markets, the Commission proposed to amend its regulations underthe FPA to remove barriers in current RTO/ISO market rules that may prevent new,smaller distributed energy resources that are technically capable of participating in theRTO/ISO markets from doing so. 16The Commission received 109 comments on the NOPR from a diverse set ofstakeholders. 17 On February 15, 2018, the Commission issued Order No. 841. In thatfinal rule, the Commission noted that more information was necessary to inform itsconsideration of its NOPR proposals regarding facilitating the participation of distributedenergy resource aggregations in RTO/ISO markets and stated that it would continue to15See, e.g., CAISO Response (AD16-20) at 2-3; ISO-NE Response (AD16-20) at6-7, 26-27; PJM Response (AD16-20) at 20-21; Advanced Energy Economy Comments(AD16-20) on RTO/ISO Responses (AD16-20) at 16-18; RES Americas Comments(AD16-20) on RTO/ISO Responses (AD16-20) at 4-5.1617NOPR, 157 FERC ¶ 61,121 at PP 103, 124.See Appendix A for a list of entities that submitted comments and the shortenednames used throughout this final rule to describe those entities.
Docket No. RM18-9-000- 12 -explore the proposed distributed energy resource aggregation reforms under DocketNo. RM18-9-000. 18The Commission also announced that it would hold a technical conference togather additional information regarding some distributed energy resource aggregationissues. The technical conference, which was held on April 10-11, 2018, addressed fiveissues related to this proceeding: locational requirements, state and local regulatorconcerns, compensation for multiple services, coordination of distributed energy resourceaggregations, and ongoing operational coordination.19 During the technical conference,more than 50 individuals and entities offered a broad range of perspectives. TheCommission issued a notice inviting post-technical conference comments and requestingcomments on a number of follow-up questions related to each panel. 20 The Commissionreceived 52 post-technical conference comments from a diverse set of stakeholders.On September 5, 2019, Commission staff issued data requests to each of the sixRTOs/ISOs seeking information regarding their policies and procedures that affect the18Order No. 841, 162 FERC ¶ 61,127 at P 5. The Commission incorporated byreference all comments filed in response to the NOPR in Docket No. RM16-23-000 intoDocket No. RM18-9-000 and directed any further comments regarding the proposeddistributed energy resource aggregation reforms should be filed henceforth in Docket No.RM18-9-000.19See Supplemental Notice of Technical Conference, Docket Nos. RM18-9-000and AD18-10-000 (Mar. 29, 2018), ?fileID 14856384.20See Notice Inviting Post-Technical Conference Comments, Docket No. RM189-000 (Apr. 27, 2018), ?fileID 14882250.
Docket No. RM18-9-000- 13 -interconnection of distributed energy resources. In addition to the responses from theRTOs/ISOs, Commission staff received 11 reply comments.Some RTOs/ISOs in recent years have taken steps to facilitate the participation ofdistributed energy resource aggregations in their markets, and the Commission hasapproved these proposals. In June 2016 and January 2020, the Commission acceptedproposals to allow distributed energy resource aggregations to participate in certainRTO/ISO markets. 21 In addition, RTOs/ISOs have implemented some participationmodels for distributed energy resource aggregations to participate in their markets, oftenas demand response resources, with a few exceptions. 22III.Need for ReformIn the NOPR, the Commiss
Operator 2(ISO) markets (RTO/ISO markets). For the reasons discussed below, we find that existing RTO/ISO market rules are unjust and unreasonable in light of barriers that they present to the participation of distributed energy resource aggregations in the RTO/ISO markets, which reduce
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