E.       The New Congestion Management System

1.       Under Network Access Service, all transmission customers may request transmission service.  The Independent Transmission Provider must honor all valid transmission requests where there is sufficient capability, i.e., when there is no transmission congestion.  However, when there is transmission congestion we propose to require that all Independent Transmission Providers allocate scarce transmission capability using a price system.  Specifically, we propose to require that all Independent Transmission Providers manage congestion using a system of LMP and Congestion Revenue Rights.  Under LMP, the price to transmit energy between any receipt point and delivery point reflects the marginal cost (including the marginal opportunity cost) of such transmission service, and the price of energy at each location reflects the marginal cost (as reflected in participants' bids) of producing energy and delivering it to that location.

                  1.       Locational Marginal Pricing

2.       LMP is the method that is currently used for managing congestion in the regional markets run by both PJM and New York ISO.  It is also proposed to be adopted as the congestion management system for ISO-New England in 2003 and for the California ISO in its proposed market redesign.115  Marginal pricing, a fundamental concept in economics, is the basis for LMP.116  Marginal pricing is the idea that the market price should be the cost of bringing the last unit to market (the one that balances supply and demand).  LMP in electricity recognizes that the marginal price may differ at different locations and times.  Differences result from transmission congestion which limits the transfer of electricity between the different locations.117  The marginal price of energy at a particular location and time – that is, the energy LMP – is the additional cost of procuring the last unit of energy supply that buyers and sellers at that location willingly agree on to meet the demand for energy.  That is, it is the price that "clears the market" for energy.118

3.       LMP is a market-based method for congestion management.  Congestion is managed through energy prices and transmission usage charges (congestion and loss charges) determined in a bid-based market.  When there is no congestion anywhere on the system (when there is enough transmission capacity to get power from the cheapest available generators to all potential buyers) there will be only one energy price in the transmission system, the price bid by the last, or marginal, generator that provides energy or load that offers to reduce its demand.119  When there is congestion, the cheapest generators may be unable to reach all their potential buyers.  Consequently, when there is congestion there may be many different energy prices across the transmission system.120  Under LMP, the Independent Transmission Provider will establish separate energy prices at each node on the transmission grid and separate prices to transmit energy between any two nodes (receipt and delivery points) on the grid.  These prices reflect the cost of congestion.  LMP relies on economic redispatch in managing congestion.  Redispatching means decreasing the energy the Independent Transmission Provider obtains in front of the constraint (where the power is flowing from) and increasing the energy the Independent Transmission Provider obtains behind the constraint (where the power is flowing to).  The cost of redispatch is the basis for the congestion charges under LMP.  If a customer is willing to pay the marginal cost of redispatch, which it signals through its bids, the Independent Transmission Provider will schedule the transmission service. 

4.       For example, assume there is congestion or a constraint on one transmission interface.  Some low-cost generators may not be able to deliver energy to load on the other (import) side of the constraint.  So, they will need to reduce their production because of the constraint.  To signal these generators to reduce their production, the energy price that these generators would receive would be lowered.  To replace the low-cost generation, more expensive generators on the other side of the constraint (export) must be dispatched.  To signal to these higher cost generators that they should increase their production, the energy price they would receive would increase.  As a result the energy price on each side of the transmission constraint would be different.  The energy price would be lower on the side where more suppliers are trying to sell out of the region than can be accommodated by the transmission capacity.  The energy price would be higher on the side where more expensive local generation must be used because of the transmission constraint.  As discussed further in Section IV.F., for purchasers of energy in the Independent Transmission Provider-run spot markets, the LMP at the node closest to them is their delivered power cost (energy charge plus transmission charge).  The generators are then paid the LMP at the nodes closest to them. 

1.       For customers buying energy through bilateral contracts rather than in spot markets, the transmission usage charge would reflect the marginal cost of transmission between a receipt point and a delivery point.121  In the above example, the difference would be the marginal cost of moving energy from the import to the export side of the constraint which should equal the difference in the energy price on the import and the export side of the constraint.  In other words, the transmission usage charge for bilateral transactions would be the difference between the LMP at the receipt point and the delivery point.  When congestion exists, the difference in energy prices to transmission users is a price signal that reflects the marginal cost of economic dispatch of resources necessary to accommodate the transmission service.  Those who place a higher value on the transmission capacity and the value of the ultimate delivered electricity, will be willing to pay higher transmission usage charges.  Also, because transmission usage charges for bilateral transactions are based on the differences in spot market energy prices, the proposed congestion management system would not bias a customer's choice between purchasing energy through the spot market versus a bilateral transaction.

1.       LMP uses a financial instrument called a Congestion Revenue Right to provide customers with  price certainty for transmission service.122  A Congestion Revenue Right is a financial tool that allows a customer to protect itself against the costs of congestion.  A Congestion Revenue Right ensures that the holder of that right will be protected against congestion costs for the transmission service covered by that right in the day-ahead market.123  Once the day-ahead market closes, all customers pay for the service requested and, if they hold Congestion Revenue Rights, are paid congestion costs associated with those rights.  Thus, the customer has bought and paid for a quantity of transmission at a specified price. 

2.       Any changes a customer wants to make to the transmission service it has scheduled in the day-ahead market must be accomplished in the real-time market at real-time prices, which may be different from the day-ahead prices.  A customer wanting less transmission service than it requested and received in the day-ahead market would effectively sell back to the market the amount of unused service.  Conversely, a customer needing an additional amount of transmission service could buy the additional amount of service in the real-time market.  No congestion revenues are paid to Congestion Revenue Rights holders for transactions made in real-time market.124

3.       The LMP system for congestion management is better suited to manage congestion in a competitive market than the congestion management system under the Order No. 888 pro forma tariff (pro rata curtailment) because LMP allocates scarce transmission capacity to those who value it most and it relies on an incentive system (i.e., it assigns congestion costs to the transactions that cause the congestion) that encourages market participants to buy and sell power in a manner that is consistent with the reliable operation of the system.  Under an LMP system, market participants have greater commercial flexibility in arranging transactions.  Market participants have the ability to signal whether they are willing to buy their way through transmission constraints.  Under the current system they do not have the ability to do that, in part because transmission providers do not have a mechanism for recovering the cost of economic redispatch.  Currently, these types of transactions would not be scheduled because of the existence of congestion.  Also, Network Access Service customers would have the ability to voluntarily resell their Congestion Revenue Rights when others value them more highly.  Because market participants will see and be responsible for the full effect of their decisions on congestion costs, each have an incentive to manage its own transactions in a way that is consistent with a least-cost dispatch consistent with reliable system operations.

4.       The proposed SMD Tariff lays out the general framework and the basic rules for LMP.  It is based on the best practices we have seen.  We recognize that in certain regions there may need to be additional rules or changes to accommodate specific regional requirements.  We also recognize that over time there likely will be a need to update the tariff provisions to offer new service options or to further refine the market rules.  The pro forma tariff is not intended to be a static document, but rather one that will evolve over time and meet the needs of the marketplace.  We seek comment on how best to recognize this need for regional variation and the need for continued refinement in the rules.

5.       One concern that has been expressed in the Standard Market Design conferences and in comments on the Working Paper is that while LMP may work well with systems that are dominated by thermal plants, it may not work in systems that primarily rely on hydroelectric resources.  In particular, the Pacific Northwest is concerned that an hourly bid-based system with LMP may be in conflict with Northwest resource uses, practices and obligations, which are dominated by hydroelectric generation.  Much of this is from "run-of-river"125 facilities that cannot store water, and at which energy is lost if a generator does not run when water is available.  Because the decision to run is virtually automatic, many Northwest parties see no need for a bidding system.  Also, many of the hydroelectric facilities of the Columbia River System must coordinate their operations; whether a downstream facility runs depends on whether an upstream dam runs and releases water.  Some of this coordination is among facilities in the United States and Canada and is subject to international treaties.  There is a concern that a bid-based system with LMP, which requires individual generators to bid independently against one another, ignores this cooperation or even would view such cooperation as collusion in a market system.  Some coordination agreements assure that low-cost transmission will be made available to implement the coordination, and there is a concern that LMP congestion pricing may be incompatible with these agreements. 

6.       Northwest parties note that while annual costs in a thermal system are minimized simply by minimizing the costs in every individual hour the same does not hold true in a hydropower system.  A hydroelectric dam with stored water has a marginal running cost close to zero, however, this does not mean that it should be dispatched first every hour.  Rather, the value of hydropower over time depends on when that stored energy system can best be released to minimize costs over a season, an year, or even a multi-year period.  Thus, there is a concern that in a hydropower system, a congestion management and energy spot market designed to minimize hourly costs will not minimize costs over a longer period. 

7.       Moreover, commenters have noted that decisions about water use in the Northwest are based on more than electric power cost minimization.  Decisions about use of hydropower facilities involve coordinated trade-offs among power needs, the needs of fish and wildlife, irrigation, flood control, recreation and other factors, which may be difficult to reflect in the bids of individual units.  Some parties in the Northwest acknowledge that a bid-based LMP system could be adapted to meet the objections above but are concerned either that such a system may be imposed without adaptation or that the adaption will be done poorly.  There is also concern that adaptation to a bid-based security-constrained system may reopen such issues as transmission priorities and preference power allocations that have been settled over many years of negotiation based on factors other than market efficiency.  Finally, Northwest parties worry about obtaining sufficient Congestion Revenue Rights to  protect against congestion charges.

8.       We believe that the proposed Standard Market Design would work well in every region and for all types of fuel sources; we believe that the concerns expressed by participants in the Pacific Northwest can be accommodated within the LMP system we propose.  First, use of the Independent Transmission Provider's bid-based spot energy markets would be optional.  No one would be required to bid into these markets (except when market power mitigation is imposed).126  Hydropower generators could choose to self-schedule without submitting a price bid.  As a result, the bilateral contractual energy arrangements of the Northwest would be unaffected. Thus, for example, hydropower facilities along a common waterway that wish to develop a coordinated schedule without submitting energy price bids would be free to do so.  Also, hydropower facilities that must consider non-price factors such as the needs for irrigation, flood control, and fish and wildlife in their scheduling decisions could do so through the self-scheduling feature.

9.       For hydropower generators that wish to participate in the Independent Transmission Provider's spot energy markets, the Standard Market Design that we propose can accommodate the special features of hydropower facilities.  Suppliers would be allowed to reflect their opportunity costs in their bids; bids need not be limited to marginal running costs.  Also, generators such as hydropower facilities would have the option (but not the requirement) of requesting the Independent Transmission Provider to schedule the generator's designated MWhs over the highest priced hours of the day, to economically optimize hydropower production over the day.  LMP is a result of a least-cost dispatch of the resources available to the transmission system in a manner that recognizes both the operational limits of those resources and the operational limitations of the transmission system.  As a result, customers' loads can be met at the lowest total cost (as reflected in the submitted bids) consistent with the reliable operation of the system, which should be the objective on any system regardless of the resource base of the transmission system.

10.     In short, we see no reason why the proposed Standard Market Design would prevent hydropower generators from operating in a way that accommodates their special features.  Indeed, we believe that the LMP system would aid hydropower generators in optimizing the economic value of their resources within their legitimate operational constraints, because the prices for energy and transmission would signal the economic costs of providing energy and transmission service at different locations and time periods.

11.     Finally, our proposal here would not abrogate existing pre-Order No. 888 transmission contracts, so customers holding these rights could continue their existing services under the existing contractual provisions.  In addition, this proposal would allocate Congestion Revenue Rights or auction revenues to parties based on their recent historical usage of transmission.  Thus, customers receiving transmission service under the Order No. 888 pro forma tariff, as well as entities previously serving bundled retail load outside the pro forma tariff, would receive Congestion Revenue Rights to protect against congestion charges.

12.     We agree that the operational limits of both the resources and the transmission systems need to be fully considered in the design of the specific market rules.  For example, there is likely a need to calculate opportunity costs for hydroelectric resources differently from thermal plants.  These differences can affect market mitigation measures.  However, we are concerned about whether different market designs can be in place in the Northwest and the rest of the West, and ask for comment on whether the entire West must have a common set of market rules to eliminate seams and prevent manipulation.

13.     In the SMD Tariff we propose to include several different types of Congestion Revenue Rights to allow customers to protect against congestion costs.  For example, one concern that we have heard from customers and suppliers in the Northwest is that a receipt point-to-delivery point Congestion Revenue Right may not work to effectively manage congestion on a system that utilizes several different hydroelectric facilities on a contingent basis to serve the same delivery points.  A Congestion Revenue Right that recognized the contingent nature of the supply sources would be more valuable to customers in this instance.  We believe that developing these types of Congestion Revenue Rights is possible and we propose to work with the regions to develop variations to meet regional needs.  The congestion management system that we propose is flexible enough to accommodate these types of regional variations.  Such variation and flexibility should not impinge on the development of a seamless electric grid.

                  2.       LMP and Energy Markets

14.     To implement LMP, the Independent Transmission Provider must operate an energy market to determine the marginal cost of redispatch.  We propose to require that the Independent Transmission Provider operate both a day-ahead and a real-time energy market to manage congestion. 

15.     The Commission proposes to use real-time markets for energy to resolve energy imbalances.  Under the proposal, the transmission customer would be charged the real-time price of energy for any imbalance, i.e., the difference between the energy the transmission customer schedules a day ahead on the system and the amount that it takes off the system in real time.  The real-time price of energy is determined through a security-constrained, bid-based energy market run by the Independent Transmission Provider.  The Independent Transmission Provider uses the bids to select the lowest-cost energy within the operational limitations of the transmission system.   These same procedures will be used to resolve imbalances for all users of the transmission system. 

16.     The Commission also proposes that the Independent Transmission Provider operate a security-constrained, financially binding day-ahead energy market that is operated together with a day-ahead scheduling process for transmission service.127   The day-ahead market for energy will allow the Independent Transmission Provider to manage congestion that arises in the day-ahead scheduling process.128

17.     The day-ahead energy market is a bid-based market.  Sellers submit bids that indicate the quantities of power they will offer for sale in each hour of the next day and the price for that power at each location (node).129  The price for the power may vary based on the quantities that are offered for sale.  The differences in bid prices recognize that a generator's marginal cost of producing power can vary at different quantity levels because it operates more efficiently at certain output levels than others.  Also, at the highest output levels, there may be additional opportunity costs because of an increased risk of a unit outage.  Buyers also submit bids indicating the quantities they desire to purchase in each hour of the day.  Buyers may also indicate the maximum price they are willing to pay for those quantities.

18.     Under the Commission's proposal, buyers are not required to procure energy through the day-ahead energy market.  A load-serving entity may procure all of its power through bilateral transactions, in the transmission provider's spot markets, or by generating its own power.130  However, a load-serving entity may use the day-ahead market if it needs to acquire additional power or the price of power through the day-ahead energy market is lower than the price of power under an existing bilateral contract or the cost of generating its own power.  A generator may also buy power through the day-ahead market.  It would do this if it could buy the power more cheaply than generating to satisfy a bilateral contract obligation or if a forced outage requires it to procure power to satisfy a contract obligation.      

19.     The Commission proposes to require Independent Transmission Providers to allow buyers and sellers to submit purely financial bids, a feature that currently exists in the day-ahead markets run by PJM and New York ISO.  These financial bids to buy or sell power are not backed by actual generation resources nor are they backed by actual load.  Rather, these transactions are used to bring the prices in the day-ahead market and in the real-time market closer together.  For example, suppose that the day-ahead price is consistently lower than the corresponding real-time price.  Entities may therefore want to submit financial bids to buy energy in the day-ahead market at the lower price, and submit a corresponding bid to sell in the real-time market at the higher price, thereby making a net profit on the two transactions.  The additional buyer bids in the day-ahead market would tend to increase day-ahead prices, while the additional supply bids in the real-time market would tend to reduce the real-time prices.  The result is that the price differences in the two markets would shrink, as would the profits of sale.  This process benefits the market.  It helps market participants make better decisions in advance – in the day-ahead time frame – that will affect how much electricity they will sell or buy, because the day-ahead price becomes a more accurate gauge of what the real-time price will be.

20.     The day-ahead energy market is operated together with the congestion management system and the day-ahead scheduling process for transmission service.  The Independent Transmission Provider will determine market clearing prices for each hour in the day-ahead energy market based on the sale and purchase bids that are submitted.  The market clearing price is the bid of the last unit of supply needed to satisfy the demand, i.e., the highest bid that is accepted.  The market clearing price at a location is paid to all suppliers at that location that are selected in the auction and is paid by all buyers at that location that purchase through the auction.

21.     We believe there are important differences between Standard Market Design and the market design that was in effect in the California ISO when it experienced problems in the energy markets in 2000 and 2001.  First, Standard Market Design is premised on the use of bilateral contracts.  While LSEs may purchase energy in the spot markets, these purchases should constitute a small percentage of their actual purchases.  In contrast, the California market design required the LSEs to purchase the bulk of their energy needs through the spot markets.  Second, Standard Market Design includes a forward-looking long-term resource adequacy requirement to avoid the types of supply shortages that adversely affected California.  Third, as discussed in more detail in Appendix E, Standard Market Design includes trading rules, a congestion management system, market power mitigation measures, and market power monitoring to address the manipulation strategies encountered in the California markets. 

22.     In determining market clearing prices, the Independent Transmission Provider factors in the operational limitations of the transmission capacity, such as congestion and reactive power needs, to ensure that the units that set the market clearing prices are consistent with the transmission system operations (i.e., a security-constrained dispatch).131  Because LMP is used as the congestion management system, the market clearing prices are the prices for energy delivered to each location or node on the system.  If there is no congestion on the transmission system, the same market clearing price for energy will apply throughout the system.

23.     The day-ahead market would be financially binding.  This means that a seller that is selected in the day-ahead market is obligated to actually provide the power in real time or in real time it will be charged the cost of procuring the shortfall through the real-time market.132  The day-ahead market is also financially binding on buyers.133  This reduces certain opportunities for strategic bidding and thus, market manipulation.

24.     Years of experience with organized markets makes it clear that a day-ahead market is a best practice that must be included in the Standard Market Design.  The development of a day-ahead schedule for energy and transmission service, including certain ancillary services, provides reliability benefits.  It allows the Independent Transmission Provider to have advance warning to ensure that sufficient units are committed to serve the projected load.  For example, if the Independent Transmission Provider believes that load has not scheduled sufficient transmission service or energy purchases in the day-ahead markets, it can commit additional units to be available in real time.  Because of their operating characteristics, different types of generation units have differing levels of start-up costs as well as different lead times to be available in real time.  The day-ahead market gives the Independent Transmission Provider information on unit availability, costs and system needs well before real time so the Independent Transmission Provider has more options available to ensure reliability and reduce costs in the real-time market.

25.     Finally, the day-ahead market provides an important platform for market power mitigation.  We propose several mitigation measures to ensure that there is a well-functioning spot market for wholesale power.  These spot markets will result in price transparency, so buyers and sellers can see that market clearing prices are set in a fair and predictable manner.  While the real-time market will be a transparent market, real-time prices may not be known until after the fact or at most five to ten minutes before real time.  This gives buyers and sellers little chance to react to prices.  In contrast, a day-ahead market provides a transparent spot market that allows buyers and sellers to engage in additional commercial transactions before real time.  Thus, a day-ahead market helps liquidity and is likely to be less volatile than the real-time market.

26.     The Independent Transmission Provider will also establish hourly prices for certain ancillary services, which may differ by location to the extent that ancillary service requirements differ by location.  Since the same supply resources can often be used to provide either energy or ancillary services, energy and ancillary services should have compatible market designs.  Otherwise, there would be an incentive to sell one type of product over another.  Since both are needed, a compatible system allows the supplier to sell energy or ancillary services, whichever is the most efficient use of the supply resources.  This yields the lowest total costs to customers.

27.     As explained further below, the Independent Transmission Provider will need to manage congestion in two time frames:  (1) during the day-ahead scheduling process, and (2) during real-time operations.  The Independent Transmission Provider will conduct separate auctions to manage congestion in each time frame.  In the day-ahead auction, for each hour of the following day the Independent Transmission Provider will take bids to buy and sell energy, to provide certain ancillary services, and to purchase transmission service between identified receipt and delivery points.  The Independent Transmission Provider will consider the bids for energy, transmission service and ancillary services simultaneously.  Based on those bids, the Independent Transmission Provider will develop a schedule that maximizes the economic value (as reflected in the bids) of the transactions over the entire day-ahead period, in light of the amount of Available Transfer Capability and any resulting transmission congestion and losses.  The Independent Transmission Provider will also establish prices for transmission service, energy and ancillary services that clear the markets.

                  3.       Congestion Revenue Rights

28.     Under LMP, transmission usage prices will vary based on the price of relieving transmission congestion and losses.  Rather than using a system of physical reservations,  a system of financial rights called Congestion Revenue Rights will be used to give customers the ability to protect themselves against congestion costs.

29.     The initial allocation process for Congestion Revenue Rights will be done through compliance filings that allow for different treatment within each region.  Since this must occur before Standard Market Design is implemented, we have not addressed initial allocation in the SMD Tariff, but it is discussed in Section IV.E.3.e below.  This section describes allocation processes that would be used after the initial allocation has been done.  

a.       General Features

30.     We propose to require that Independent Transmission Providers offer Congestion Revenue Rights of several types (one that we will mandate now and others that should be offered upon customer request when technically feasible) that allow transmission customers to obtain protection against uncertain future congestion charges.  We have added a new section to the SMD Tariff that describes the types of Congestion Revenue Rights that would be available, how one acquires Congestion Revenue Rights after the initial allocation and how Congestion Revenue Rights provide protection against congestion costs (Part II.D., Congestion Revenue Rights).   The proposed provisions are discussed below.

31.     The Independent Transmission Provider would be required to offer Congestion Revenue Rights for all of the transmission transfer capability on the grid, but it would not be allowed to sell more rights than can be accommodated.  Congestion Revenue Rights would be available over a variety of terms, such as weekly, monthly, yearly and perhaps for longer terms.  If an entity pays to construct new generation or transmission facilities that add transfer capability, and the costs of the upgrade are not rolled in, the entity would receive the Congestion Revenue Rights associated with the new transfer capability.  In the past the Commission has allowed credits for upgrades; is there still a role for credits under Standard Market Design?

32.     Customers that have not acquired Congestion Revenue Rights in advance could schedule transmission service in the day-ahead market, but they would not have the Congestion Revenue Rights protection against congestion costs.

33.     We propose that Congestion Revenue Rights be made available first in the form of receipt point-to-delivery point obligation rights, which we propose to mandate now, and later in the form of receipt point-to-delivery point option rights and flowgate rights.  Currently, in PJM and New York ISO only receipt point-to-delivery point obligations are offered.  However, there has been considerable interest expressed by market participants in other types of Congestion Revenue Rights.  For example, the Midwest ISO is considering offering a package of Congestion Revenue Rights that are similar to what we are proposing.  Also, PJM is considering offering receipt point-to-delivery point options.  Offering several different types of Congestion Revenue Rights would make the system more flexible and better able to adapt to the needs of specific customers.  Also, certain types of Congestion Revenue Rights may be more valued in different regions of the country based on the physical configuration of the transmission system and the types of resources connected to that system.  Various technical papers over the last few years have examined offering these alternate rights simultaneously and concluded that it is feasible under the conditions now specified in the SMD Tariff.134 Therefore, we believe the tariff should provide this flexibility.

                           b.       Types of Congestion Revenue Rights

34.     The SMD Tariff describes the characteristics of each of the types of Congestion Revenue Rights.  These descriptions are summarized below. 

                                    (1)     Receipt Point-to-Delivery Point Rights.

35.     A receipt point-to-delivery point right is a right that is specified by a receipt point (which can be a generator node, an aggregation of generator nodes, an interface, a trading hub, or any other collection of nodes) and a delivery point (which can be a delivery node, an aggregation of delivery nodes, an interface, or a trading hub), and the power in MW that is transmitted from the receipt point to the delivery point for a period of time (e.g., one hour). 

36.     A receipt point-to-delivery point right entitles the holder to the day-ahead congestion revenues associated with transmission service from the receipt point to the delivery point.135  In addition, during any period when the demand for transmission service cannot be met with Available Transfer Capability (i.e., because there are too many customers who have indicated that they want transmission service at any price), holders of receipt point-to-delivery point rights would receive priority over other market participants in scheduling transmission service between the receipt point and delivery points designated in their rights.   

37.     A receipt point-to-delivery point right would provide the holder with the right to schedule transmission service of the specified amount of power (MW) in the day-ahead market from the receipt point to the delivery point without paying any net charges for congestion (although the holder would need to pay a charge for losses).  The reason is that every customer would be entitled to inform the Independent Transmission Provider to schedule its transmission service regardless of the congestion charge.  In that case, the customer would be charged for congestion (as well as for losses).  But a self-scheduled customer holding a receipt point-to-delivery point right for at least the same amount of power between the same receipt and delivery points would receive congestion revenues that fully offset the congestion charge.

                           (2)     Obligations and Options

38.     Receipt point-to-delivery point rights can take the form of obligations or options.  The difference between obligations and options becomes important when congestion occurs in the opposite direction from the right, that is, when there is congestion from the delivery point to the receipt point.  In this case, congestion revenues in the direction of the right are negative.  Under a receipt point-to-delivery point obligation, the Congestion Revenue Rights holder in that case would be required to pay the negative congestion revenues to the Independent Transmission Provider.  Under a receipt point-to-delivery point option, the Congestion Revenue Rights holder would not be required to pay the negative congestion revenues to the Independent Transmission Provider.  Existing firm point-to-point transmission contracts under the Order No. 888 pro forma tariff do not require contract holders to transmit energy and, thus, are similar to Congestion Revenue Rights that are options.

                           (3)     Flowgate Rights

39.     A flowgate is a particular transmission facility or group of facilities (e.g., an interface).  A flowgate right specifies a portion of the transmission capacity over that flowgate in a specified direction.  A flowgate right entitles the holder to the day-ahead congestion revenues associated with the specified power flows over the flowgate in the specified direction.136  Unlike a receipt point-to-delivery point obligation, a flowgate right would never require the holder to make congestion payments.  The congestion revenue associated with a flowgate in a specified direction would equal the additional net economic value to market participants that would result by incrementally increasing the flowgate's capacity in the specified direction.  That additional net economic value may be either positive (i.e., when the flowgate is congested) or zero (i.e., when the flowgate is not congested), but it would never be negative.

40.     Receipt-point-to-delivery-point rights offer the transmission customer with long-term energy contracts the best way to protect itself against hourly congestion costs.  However, many transmission customers may be meeting their loads' needs with a portfolio of generators scattered around a regional electricity market.  Such customers may be seeking a more flexible type of right than the receipt-point-to-delivery point right (which is typically only reconfigured on a monthly basis and which can be traded on the secondary market most easily if another customer requires the same points as specified in the right).  The major market advantage of the flowgate right is that since there are fewer congested flowgates than possible under receipt-point-to-delivery-point rights, transmission customers can focus their rights on the key congested flowgates.  This allows for coverage of much of the congestion charges (in some estimates, between 80 percent to 90 percent).  However, the flowgate rights may not provide a complete protection against congestion charges for a receipt point-to-delivery point energy transaction, since the congestion revenues may differ from the congestion charges.

c.       Requirement for Offering Rights

41.     At the start of Network Access Service, the Independent Transmission Provider would be required to offer receipt point-to-delivery point obligations.  These rights are the easiest to implement because they are already in wide use.  While we want the market to develop additional choices for customers, we are concerned about requiring implementation of numerous types of rights, including types of Congestion Revenue Rights that have not yet been tested by an ISO or RTO, when Standard Market Design is first implemented.  Because there is no experience with the other types of rights, we propose not to require the Independent Transmission Provider to offer them initially.  However, upon the request of market participants, the Independent Transmission Provider would be required to offer receipt point-to-delivery point options and flowgate rights as soon as technically feasible.

42.     Additionally, Congestion Revenue Rights could be offered for various terms, e.g., one month or five years.  Some customers may desire Congestion Revenue Rights with multi-year terms to correspond to the terms of long-term power contracts, including contracts used to satisfy the resource adequacy requirement discussed in Section J.  At the same time, it may be difficult for the market to value long-term Congestion Revenue Rights until a region has actual operating experience under an LMP congestion management system.  This could create problems in an area that auctions all Congestion Revenue Rights and allocates the auction revenue rights to load.  We seek comment on whether the Commission should require the Independent Transmission Provider to offer multi-year Congestion Revenue Rights when Standard Market Design is first implemented.  Additionally, we seek comment on whether the Independent Transmission Provider should be required to offer Congestion Revenue Rights with terms tied to the planning horizon used in the region to satisfy the resource adequacy requirement.  

                           d.       Funding for the Congestion Revenue Rights

43.     As explained above, holders of Congestion Revenue Rights would be entitled to receive congestion revenues associated with transmission congestion in each hour of the day-ahead market.  The aggregate amount of Congestion Revenue Rights issued by the Independent Transmission Provider would be the amount simultaneously feasible based on Available Transfer Capability under normal operating conditions.  As a result, during normal operating conditions, the Independent Transmission Provider would collect enough congestion charge revenue from users of transmission service in the day-ahead market to fully pay the day-ahead congestion revenues owed to holders of Congestion Revenue Rights.  Indeed, the Independent Transmission Provider might collect a surplus of revenue in some hours during normal operating conditions.  However, when a significant amount of transmission facilities are out of service, so that less transmission service can be provided, the Independent Transmission Provider may collect less congestion charge revenue from transmission users than the amounts owed to Congestion Revenue Rights holders.

44.     There are two ways to handle this revenue shortfall.  First, the amount of congestion revenues paid to the holders of Congestion Revenue Rights may have to be reduced.  As a result, the customer may only be able to protect against a portion (e.g., 95 percent) of its congestion costs in the day-ahead market.  Alternatively, the customer that has a Congestion Revenue Right could receive full protection against congestion costs and the revenue shortfall would be assigned to the transmission owner.  We propose to use the latter approach.  When such revenue deficits arise, we propose that such deficits be made up by transmission owners whose transmission facilities are out of service.  We would, however, include an exception for outages due to force majeure events, since our intent is to reward transmission owners for proactively maintaining their transmission facilities.137  Assigning revenue deficits in this way would encourage transmission owners to take steps to minimize forced transmission outages and to schedule maintenance outages so as to minimize their effect on congestion costs.  Assigning congestion revenue surpluses to transmission owners may also encourage them to minimize outages.  However, such a policy may also create an interest on the part of transmission owners in maintaining congestion, and thus may discourage them from building needed transmission expansions.  We propose that any revenue surpluses be paid to transmission owners, but we seek comment on the potential of this policy to discourage transmission expansions and if alternative mechanisms should be used to distribute the revenue surpluses.

                           e.       Auctions and Resales of Congestion Revenue Rights

45.     We believe it is important that there be an active secondary market for Congestion Revenue Rights.  This will allow a market mechanism for customers that have Congestion Revenue Rights to acquire new ones or to sell Congestion Revenue Rights they no longer need.  Additionally, this provides a way for market participants that do not have Congestion Revenue Rights to acquire them.  Market participants would be allowed to resell any Congestion Revenue Rights that they have been awarded for the full term of the rights or for a part of the term.  Resales could be transacted bilaterally between willing buyers and sellers.  In addition, we propose to require that the Independent Transmission Provider conduct periodic auctions of Congestion Revenue Rights.  The Independent Transmission Provider's auction would allow holders of rights to resell their Congestion Revenue Rights in an organized market.  This would provide greater price transparency for these rights than if all sales were conducted through bilateral transactions.  Moreover, the auctions would provide the ability to reconfigure Congestion Revenue Rights into different receipt and delivery points, or into different types of rights (e.g., receipt point-to-delivery point options, obligations, or flowgate rights).  This would allow Congestion Revenue Rights holders to change their Congestion Revenue Rights if for example they decided to switch suppliers.  The auctions would also allow Congestion Revenue Rights associated with other transmission capacity that becomes available (such as through the expiration of previously issued Congestion Revenue Rights) to be sold.

46.     In the auctions, buyers and sellers would submit bids that specify the type of Congestion Revenue Rights desired to be bought or sold, the location, term and price.  The Independent Transmission Provider would select the combination of bids that maximizes the economic value of the transactions for the participants.  In so doing, the Independent Transmission Provider must reconfigure the Congestion Revenue Rights offered for sale in a way that maintains the simultaneous feasibility of the Congestion Revenue Rights.  That is, the types and/or locations of the Congestion Revenue Rights offered for sale may differ from those that are purchased.  The Independent Transmission Provider would establish market-clearing prices for each Congestion Revenue Right bought or sold.  Each seller would receive the market-clearing price for the rights that it sold, and each buyer would pay the market-clearing price for the rights that it purchased.

f.       Including Energy and Ancillary Services in the Congestion Revenue Rights Auctions

 

47.     The time period covered by the Congestion Revenue Rights sold in auctions would be a month or longer.  We propose that an Independent Transmission Provider would be permitted, but not required, to conduct pre-day-ahead auctions for energy and ancillary services.  Under such auctions, market participants could offer to buy and sell energy and ancillary services at specific locations on a forward basis for a specified time period, such as for a month or a year.  Participation in these pre-day ahead markets, as in all markets, would be on a voluntary basis.   Such purchases and sales of energy and ancillary service would require use of the transmission system, just as sales of Congestion Revenue Rights would.  Thus, in conducting pre-day-ahead auctions, the Independent Transmission Provider would allocate transmission capacity among competing demands for Congestion Revenue Rights, forward energy and forward ancillary services so as to maximize the economic value of the winning bids.  The Independent Transmission Provider would establish market-clearing prices for forward energy and ancillary services at each location, as well as market-clearing prices for Congestion Revenue Rights.

         A potential benefit of pre-day-ahead auctions is that they could more easily maximize the economic benefits of transmission capability by considering a greater array of competing uses of the transmission grid.  They could also provide a convenient, central market forum for buyers and sellers to arrange forward trades of energy and ancillary services.  They could provide transparency and liquidity (and thus protection against manipulation) in long-term markets where liquidity has recently been reduced.



115See California ISO's Comprehensive Market Design Proposal, Docket No. ER02-1656-000 (May 1, 2002); see also California Independent System Operator Corp., 100 FERC ¶ 61,060 (2002).

116It is a widely accepted principle of economics that markets work efficiently when prices reflect marginal costs.  See Alfred E. Kahn, The Economics of Regulation:  Principles and Institutions, The MIT Press, Cambridge, Massachusetts, reprinted 1988, pp. 63-70.  The economic rationale for applying marginal cost pricing to an electricity network using the concepts of LMP was presented in Schweppe, F.C., et al., Spot Pricing of Electricity, 1988, Norwell, MA, Kluwer Academic Publishers; and Hogan, William W., "Contract Networks for Electric Power Transmission," Journal of Regulatory Economics, 1992, vol. 4, pp. 211-242.

117Prices may also vary based on transmission losses.  For purposes of simplification this discussion focuses on the differences due to energy prices alone.

118Under LMP, all suppliers selling at a location receive the market clearing price, including those who offer in their bids to sell for less.  Similarly, all buyers purchasing at the location pay the market clearing price, including those who offer in their bids to purchase at a higher price.  An alternative policy would be to pay each seller its bid price (and perhaps, to charge each buyer its bid price).  We propose a single market clearing price for several reasons.  First, it encourages sellers to submit bids that reflect their marginal costs (and thus, the sellers selected in the energy auction are more likely to be the sellers with the lowest actual costs).  Sellers without market power could not increase the market price by increasing their bids, so bidding above their marginal costs would have no benefit to them.  Bidding above marginal cost would merely create the risk that the seller would lose in the auction when the market price was higher than the seller’s marginal costs, and thus, the seller could have earned a profit.  Moreover, by paying all sellers the market clearing price, sellers with marginal costs below the market clearing price would receive revenues to help recover their fixed costs.  A policy of paying each seller its bid would encourage sellers to bid above their marginal costs, since doing so would be the only way for them to earn a profit.  As a result, the sellers selected in the auction would not necessarily be the sellers with the lowest actual costs.  Moreover, if the pay-as-bid policy were applied only to sellers (and not to buyers), so that buyers were charged the average payment made to sellers, buyers would face a price that was lower than the highest accepted seller’s bid.  This result would encourage inefficient purchases and poor demand response.  For example, on a hot day when the highest accepted seller’s bid is $1000/MWh but the average payment to sellers is $400/MWh, charging buyers $400/MWh under pay-as-bid would encourage less demand response than a market clearing price policy of charging $1000/MWh.  If the pay-as-bid policy were applied to both sellers and buyers, then the revenue collected from buyers would usually differ from the revenue paid to sellers.

119The operation of the bid-based auction for energy is described further in Section IV.

120Because the transmission grid is a network, reducing transmission service between one receipt point - delivery point pair (e.g., from A to B) may free up transmission capability for transmission service between a different receipt point - delivery point pair (e.g., from C to D), albeit not necessarily on a MW-for-MW basis.  For example, reducing service from A to B by 2 MW may allow an additional 1 MW of transmission service from C to D.  If so, the price to transmit 1 MWh of energy from C to D must reflect at least what a customer denied 2 MW of service from A to B would have been willing to pay.

121Transmission losses will also be recovered through the transmission usage charge and included in the energy prices under LMP.

122As discussed above, we also propose that Congestion Revenue Rights would provide a scheduling priority in certain circumstances.

123For example, a customer holding Congestion Revenue Rights could be charged the congestion costs (e.g., $10 MWh) and then receive a credit on the same bill for congestion revenues (e.g., $10 MWh).  So, the net congestion costs paid by the customer is $0.  The customer, however, would have to pay for transmission losses.

124For example, a customer schedules and receives 100 MW of transmission service the day ahead at a congestion cost of $2/MW.  The customer pays the $2/MW of congestion charges to the Congestion Revenue Rights holder (which could be itself).  The customer may later decide it only needs 90 MW.  It could then sell in the real-time market the unneeded 10 MW.  If congestion in the real-time market is $3, the seller would receive $3/MW (or $30) for the sale of the 10 MW of transmission service from the buyer of the transmission service.

125Run-of-river facilities use the natural flow of the river to generate electricity.  They typically divert water from a natural channel, run the water through a turbine to produce energy and then return the water to the natural channel downstream of the turbine.

126The market power mitigation measures would be developed on a regional basis and would take into account the special characteristics of hydropower.

127The operation of both a financially binding day-ahead market in conjunction with a financially binding real-time market is also known as a multi-settlement system.

128Such markets are currently operated by the New York ISO and PJM.  California ISO and ISO-New England are planning on adding this feature to their market design.

129The bids usually take the form of a bid curve that shows the bid price and quantity between the unit’s minimum output and its maximum output.  Usually the prices are relatively flat over the normal operating range of the unit.  As quantities approach the maximum output the prices usually increase very rapidly.

130These transactions must still be scheduled through the day-ahead market and are subject to congestion costs if they do not have Congestion Revenue Rights.

131It is important that the schedule developed through the day-ahead market be physically feasible, i.e., consistent with reliable transmission limitations.  If it were not, then it would be necessary to make separate congestion payments to suppliers in real time to change their output so that the real-time schedule was consistent with reliable transmission limitations.  This would provide an incentive for suppliers to create congestion in the day-ahead market so that they could receive payments in real time to relieve congestion.

132For example, assume in the day-ahead market a generator agreed to sell 50 MW for the hour running from 9:00 am to 10:00 am at a price of $30 Mwh.  In the day-ahead market the generator would receive $1,500 ($30 times 50) for that sale.  In real time, the generator only delivered 20 MW during that hour.  The real-time price of energy in that hour was $40 MWh.  The generator would be charged $1200 for its 30 MW shortfall in real time (30 times 40).  Thus, the generator would receive a total net payment of $300.

133For example, assume that a load-serving entity buys 40 MW in the day-ahead market for the hour 10:00 am to 11:00 am at a price of $30 Mwh.  In the day-ahead market the load-serving entity would pay $1200 (40 times 30) for that purchase.  In real time the load-serving entity only took 35 MW in that hour.  The real-time price of energy for that hour was $25.  The load-serving entity would effectively sell back the excess power (5 MW) at the real-time price ($25), $125.  Thus, the load-serving entity would pay a net total of $1075.

134See, e.g., Hogan, William W., Financial Transmission Rights Formulations, Center of Business and Government, John F. Kennedy School of Government, Harvard University, Cambridge, MA (March 31, 2002); Chao, Hung-Po, Peck, Stephen and Wilson, Robert, Flow-based Transmission Rights and Congestion Management, The Electricity Journal, pp. 8, 13 and 38-58 (2000); and Chao, Hung-Po and Peck, Stephen, A Market Mechanism for Electric Power Transmission, Journal of Regulatory Economics (July 1996).  

135The right is direction-specific.  The holder is entitled to congestion revenues from the receipt to delivery point, not from the delivery point to the receipt point.

136Consider, for example, a very simplified transmission network that connects two points, A and B, with two different but interconnected transmission lines, a northern line and a southern line, as shown below: 

 

                           North Flowgate

               A  o----------------------------------------o 

                  |                                             |

                  o----------------------------------------o  B

                           South Flowgate

 

Each transmission line could be a separate transmission or flowgate, and separate flowgate rights could be issued for each line.  The holder of a flowgate right on the northern line from west to east would be entitled to the congestion revenues associated with that line in the west-to-east direction.  However, holding a flowgate right on the northern line would not entitle the holder to congestion revenues associated with the southern line.  Hence, if transmission service results in energy flows over several flowgates, the buyer must obtain sufficient rights on each flowgate to obtain protection from congestion charges.  By contrast, the holder of a receipt point-to-delivery point right from west-to-east (i.e., from A to B) would be entitled to congestion revenues in the west-to-east direction regardless of whether the northern or the southern lines were congested and thus would have a complete hedge for this transaction

137As a result, in the event of force majeure the Congestion Revenue Rights would not be fully funded.