FERC Accepts NYISO Compliance Filing Including Behind-The-Meter Generation In Day-Ahead Demand Response Program

On June 3, 2016, FERC accepted a compliance filing made by the New York Independent System Operator, Inc. ("NYISO") providing for changes to the NYISO tariff in order to expand participation in NYISO's Day-Ahead Demand Response Program ("DADRP") to include demand response from behind-the-meter generation. The tariff changes will become effective 60 days after the issuance of the June 3, 2016 order.

In June of 2013, a group of demand response providers ("Complainants") filed a complaint with FERC alleging that NYISO's tariff provisions for its DADRP were unduly discriminatory because they excluded demand response facilitated by behind-the-meter generation from participation, while simultaneously allowing similarly-situated demand response accomplished without the use of behind-the-meter generation to participate. FERC ultimately agreed and on November 22, 2013, FERC directed NYISO to undertake a stakeholder process and to file revised tariff provisions that would