The New York Independent System Operator and interconnecting transmission owner Niagara Mohawk Power d/b/a National Grid on Feb. 19 jointly submitted to the Federal Energy Regulatory Commission for acceptance a notice of termination of a Small Generator Interconnection Agreement (SGIA) with Green Power Energy LLC.
They said that Green Power is in default of its obligation to timely pay amounts invoiced to it for costs associated with the engineering, procurement, and construction of interconnection facilities and upgrades for which Green Power is responsible under the SGIA, and that Green Power has received written notice of this breach of the SGIA but has not cured the breach within the time permitted by the SGIA.
They added: “This notice of termination comes after years of delays by the Interconnection Customer. The Interconnection Customer entered the NYISO interconnection queue in 2005 with a proposed wind generating facility with a total planned capacity of 10 MW to be owned and operated by Green Power and located in Madison County, New York.”
The SGIA was filed with the commission in 2009. “The Green Power Project has not been built,” NYISO and National Grid wrote. “According to the original SGIA schedule, the Green Power Project was to be in commercial operation by October 2010. By mutual agreement, the parties to the SGIA later extended the Commercial Operation Date three times, the third extension being to December 2013.
“After Green Power failed to meet the December 2013 Commercial Operation Date, Green Power submitted to the NYISO—and the NYISO initially denied—a request for further extension of the Commercial Operation Date to December 2014, and the NYISO removed the Green Power Project from its interconnection queue. In April 2014, Green Power filed with the Commission a request for waiver of the Commercial Operation date requirements of Attachments X and Z to the NYISO OATT to extend the Commercial Operation Date for the Green Power Project to no later than 15 months from the date of a Commission order granting the requested waiver, and to direct the NYISO to restore Green Power’s position in the NYISO interconnection queue. The Commission granted Green Power’s requests in an order issued on April 30, 2014. Thus, the 15-month period for achieving commercial operation pursuant to the waiver expired on July 31, 2015. On July 30, 2015, the NYISO granted an extension of the Commercial Operation Date to the date currently shown on the NYISO website, July 2016.”