IPWG: Cure Period Harmonization Tariff Language (20220217)

Clean Grid Alliance Comments on Cure Period Harmonization 
Feb 25, 2022

Clean Grid Alliance appreciates the opportunity to provide comments on Cure Period Harmonization. Although this topic was put in a “consent agenda” and not allotted any time in at the Feb IPWG meeting for discussion, nor were written comments (initially) requested, due to being classified by MISO as a “non-controversial” topic,  CGA has been provided considerable feedback by its membership to include in these comments, indicating that this topic was not properly classified as a “non-controversial” Tariff Change. 

We support fair and uniform treatment of interconnection customers and would like to offer that that MISO shorten the cure period at Decision Points in the Generator Interconnection Process to 5-days, but not eliminate it. MISO’s recent GIP acceleration, major global events, and an increasingly volatile business environment have created a situation where “no cure period” can result in strong, ready, projects that would otherwise easily complete the interconnection process and reach commercial operation, being withdrawn due to circumstances beyond their control. And that withdrawal can create a ripple-effect in impacting other projects, particularly if there are shared upgrades and the other project’s Network Upgrades increase significantly as a result. 5 business days to cure a deficiency seems to be a reasonable compromise to provide some necessary “breathing room” to account for circumstances beyond the developer’s control. 

Additionally, circumstances have been brought to CGA where interconnection customers in a study group may not have all been informed of the start of a Decision Point. We appreciate MISO’s careful attention to preventing such circumstances, but also ensuring that if they occur, the standard 15 business day period begin after all parties have been notified. 

 Finally, CGA has been made aware of (and even followed at the time) several instances where issues were flagged during the application review process and provided the standard 10-day cure period, but depended on timely feedback or action from MISO or transmission owners. We encourage MISO to add language to Section 3.3.3 to account for this so as to not penalize the interconnection customer when those circumstances are beyond the interconnection customer’s control. For example, a 10-day cure period may be triggered and the interconnection customer provide what they believe is required within 2 days. However, if MISO takes 8 days to review and then decides something else is needed, it will likely not be possible for the interconnection customer to respond again in just a few hours. Similarly, a quick response from MISO is appreciated when clarifying questions are asked to better identify what is needed to cure deficiencies. 

Sincerely,

Rhonda R. Peters, Ph.D.
Technical Consultant for Clean Grid Alliance

Invenergy does not support MISO's proposal to eliminate 15-day cure periods at DPP Decision points one and two and is instead proposing to shorten each of these vital lifelines to 5 days.

Invenergy applauds MISO's recent work to streamline the Generator Interconnection Process and increase timeline certainty of the queue. However, removing the cure periods would put the progress of the process improvement at risk.

The cure periods are safeguards for projects against easy-to-fix issues and their removal would create disruptions to the interconnection process. Human error, global events, machine failures, and many other events outside of the developing entity's control are all realities of the development process. The cure period gives developers a buffer for corrections to natural imperfections. Without it, any miscommunication or mistake would cause a project to drop and re-enter in the next queue cycle. These inevitable restudies create unnecessary work for both MISO and the developer when these could have been avoided with minimal timeline impact. Cure periods are not a nuisance to be shaved off but necessary buffers for a sustainable and successful interconnection process.

Eliminating the cure period would compromise the integrity of the MISO Generator Interconnection Process, as beneficial projects would be withdrawn from the queue for reasons not based upon their merits. Events outside of the developer's control with a simple fix could arbitrarily invalidate any project. In effect, this would create an environment where every project is put in a slot machine and unlucky projects are unjustifiably ejected from the queue. Rather than optimizing project interconnection, this would create inequities and inefficiencies.

Not only would elimination of the cure period become burdensome for MISO staff, but this would also subject developers to substantial and unnecessary business risk. Developers already put millions of dollars at risk to have projects enter a queue filled with affected systems uncertainties, timeline delays, and midstream changes to business practices. As a developer, Invenergy fails to understand how additional opportunities to lose tens of thousands of dollars in deposits and years from development timelines for each project are worth a 10-day shorter interconnection timeline.

For these reasons, Invenergy urges MISO to keep cure periods, to instead implement a shorter cure period, and to reopen cure period discussion at the Interconnection Process Working Group.

Savion, LLC (“Savion”), a Shell Group portfolio company operating on a stand-alone basis, is an industry-leading solar and energy storage organization built on a foundation of specialized experience and mastery in the craft of development.  With a growing portfolio of more than 19GW, Savion is currently one of the country’s largest and most technologically advanced utility-scale solar and energy storage project development companies.  Savion’s diverse team provides comprehensive services at each phase of renewable energy project development, from conception through construction.  Savion is committed to helping decarbonize the energy grid by replacing electric power generation with renewable sources and delivering cost-competitive electricity to the marketplace.  Savion would like to thank MISO for bringing this topic to stakeholders for discussion.

Savion is generally in agreement with MISO’s proposed changes to modify Attachment X to eliminate the double cure provisions that may occur at Decision Point I & II assuming MISO has appropriately notified the parties.  There have been instances where IC’s have not been notified of the start of a Decision Point and under these circumstances MISO must still allow the full (15) fifteen Business Days from the time ALL parties have been notified.

Upon review of the proposed changes to section 3.3.3 we have multiple concerns.  While we are okay with the instituted (10) ten Business Day cure period if implemented as intended, MISO has not demonstrated that eliminating a second cure period under this section is just and reasonable for the IC.  We have had numerous issues with projects being flagged during the application review process for issues and being placed on the (10) ten Business Day clock.  In the end most of the alleged deficiencies had been provided and were eventually deemed not deficient. During Savion’s attempts to gain clarity on what was deficient and to provide further evidence of what data was submitted, MISO failed to respond within the cure period or waited until the very end of the period.  In not responding at all or in a timely manner MISO never offered us the opportunity to cure alleged deficiencies.

There have also been further instances under section 3.3.3 where MISO had failed to timely respond to allow us time to address issues that were legitimately identified.  Without clarification Savion can not be sure what MISO claims to need corrected.  This feedback look is critical and needs to be addressed by MISO.

In light of the ongoing issues with MISO’s implementation of the Tariff we do not feel it appropriate at this time to eliminate the additional cure period under section 3.3.3.

Savion would appreciate MISO’s further consideration in this matter.