Newly imposed requirements by the Midcontinent Independent System Operator could disqualify all of Voltus’ 450 MW of demand response resources from the grid operator’s upcoming capacity auction, according to a complaint filed on Friday by the company at the Federal Energy Regulatory Commission.
MISO’s tariff requires that market participants give the grid operator the results of “real power tests” to register demand resources as load modifying resources for capacity auctions if they do not have performance results from an actual MISO event, Voltus said in its complaint. The market participant must also have contractual rights to the demand resources, according to Voltus.
On Dec. 19, MISO changed its testing methodology days before the deadline for conducting the tests for the grid operator’s 2025/26 planning year, according to Voltus. On Jan. 15, MISO changed the testing requirements again and set contracting requirements for “aggregators of retail customers,” such as Voltus, according to the complaint. Utilities face a different standard, Voltus said.
“MISO’s beyond the eleventh hour changes to these requirements will have catastrophic impacts on market participants,” Voltus said.
Load modifying resources face a March 1 deadline to be registered for MISO’s next capacity auction, according to the complaint.
It is unlikely that contracts between demand response aggregators and their customers will include the exact information MISO now requires, and it will be impossible to renegotiate contracts ahead of auction deadlines, Voltus said.
Hundreds of megawatts will be unable to participate in the auction, reducing resource adequacy and driving up clearing prices, according to the demand response company.
MISO’s changes should have been made through its tariff, not by a market notice and at a stakeholder meeting, Voltus said. The company urged FERC to order MISO to revise its demand response-related requirements by changing its tariff.
Voltus asked FERC to make a decision on the complaint by Feb. 14. If the agency can’t meet that deadline, it should direct MISO to withdraw the new terms and conditions while FERC considers the complaint.
Voltus in December filed another complaint at FERC asking the agency to require that MISO allow aggregators to replace demand response resources if those resources become unavailable, such as when a company goes out of business.
“The ability to make such replacements is fundamental to the goal of maintaining reliability,” Voltus said in the complaint. “Generators that become unavailable can be replaced, and there is no reason to treat [load modifying resources] differently.”
Earlier this month, Voltus agreed to pay a $10.9 million penalty and return $7.1 million in profits to settle allegations that it registered uncontracted and over-stated demand response resources with MISO, according to a settlement approved by FERC.
Other enforcement cases at FERC related to demand response in MISO markets involved Ketchup Caddy, Northern Indiana Public Service Co. and Linde, and Entergy Arkansas and Big River Steel.