Posts Tagged ‘NYISO’

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United States v. KeySpan Corporation antitrust case settles for paltry $12 million

February 2, 2011

Michael Giberson

The Justice Department of the United States has agreed to a $12 million settlement with KeySpan Corporation on a Sherman antitrust act claim. The allegation was that KeySpan manipulated the New York ISO capacity market price in its part of the state from May 2006 through February 2008, reaping an estimated $49 million in excess revenue. More specifically, the allegation was the KeySpan entered into a contract in restrain of trade. The $12 million settlement agreed to between Justice and KeySpan reflects the estimated excess profits that KeySpan gained by the scheme.

KeySpan held market power in the NYISO capacity market for the New York City and Long Island area, and for years they used their market power to keep the price they were paid for capacity at the highest level the market rules allowed. However, market entry by a new competitor in 2006 threatened their price-maximizing strategy.

In response, KeySpan entered into a contract with Morgan Stanley that gave KeySpan a significant economic interest in the capacity market revenues of the new competitor. Morgan Stanley agreed to the contract with KeySpan only on condition it could engage with another counterparty to offset the risk; the counterparty Morgan Stanley secured turned out to be KeySpan’s competitor. (In fact, the competitor was the only party well suited to the deal Morgan Stanley needed to balance its risk, something that KeySpan knew would be the case.)  With the deal arranged, KeySpan could continue to profit by offering its own capacity at the maximum allowed price, pushing the capacity price to its upper limit. So it did.

Complaints filed with the Federal Energy Regulatory Commission lead to rulings in KeySpan’s favor. FERC concluded that while KeySpan clearly used its market position and financial positions to maximize the capacity price it was paid, KeySpan had not violated NYISO market rules in doing so. A rule that established a maximum offer cap is not violated when a party offers capacity at the allowed maximum, even if the effect is a market price higher than it would be otherwise. FERC further concluded that the company had not violated laws against energy market manipulation.

The Justice Department claimed that KeySpan violated Section 1 of the Sherman Act, namely that the company entered into an agreement in restraint of trade. It seems a somewhat novel application of the Sherman Act, especially if KeySpan’s actions were otherwise in compliance with laws and market rules. That said, KeySpan’s actions deterred competition that would have brought benefits to consumers in the region, and it is a broader purpose of NYISO’s market rules to promote competition in New York’s power market.

$12 million seems like a too-modest remedy.

NOTES:

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“Energy Storage in the New York Electricity Markets”

April 2, 2010

Michael Giberson

The New York Independent System Operator has release a report, “Energy Storage in the New York Electricity Markets” (March 2010). The report offers an overview of existing grid-connected energy storage in New York, recent developments, and potential for further changes in the next several years. It is a good basic discussion of energy storage issues as seen from the point of view of the transmission system operator.

What I found most interesting was their discussion of the power market design changes needed to accommodate flywheel and battery-based energy storage systems:

The original NYISO wholesale market was designed when traditional resources, such as pumped storage and fossil fuel generation units, submitted bids for both energy and ancillary services including regulation. In the past few years, new technologies have become available that make energy storage more efficient and economical. This class of devices has an energy capacity limitation that precludes them from taking part in the energy market and thus would not fit into NYISO market model without market design modifications. Consistent with its mission to evolve the markets, the NYISO in collaboration with stakeholders participating in its shared governance process, crafted a market enhancement that will allow Limited Energy Storage Resources to participate in the NYISO Regulation markets.

To provide them access to the market, a new type of Regulation Service provider was defined: a Limited Energy Storage Resource (“LESR”). A LESR is characterized by its ability to provide continuous six-second changes in output coupled with its inability to sustain continuous operation at maximum energy withdrawal or maximum energy injection for an hour. LESRs are limited to providing Regulation Service in the NYISO markets.

Sometimes accommodations made to let new technologies work in the market is pejoratively cast as special treatment or favoritism. The NYISO gets the tone just right: the existing market design was constructed around the then existing set of technologies; new technologies don’t always fit into the existing way of doing things and it is appropriate to change. For example, when the NYISO market was designed all providers of regulation service also were energy market participants and no one worried too much about the way rules for regulation service payments were tied up with energy supply requirements and energy supply payment systems.

While market design changes are an inherent and expected part the system, that doesn’t make them simple or non-controversial. An examination of the development of LESR rules in NYISO might provide an instructive case study of the market design process.

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FERC directs New York power system operator to fix “loop flow” scheduling problem

July 16, 2009

Michael Giberson

Today the FERC approved public release of the results of an internal staff investigation into allegations of “loop flow”-based market manipulations in the New York ISO market (see links below):

In this order, we authorize the public disclosure of the attached Office of Enforcement Staff Report (OE Report) addressing its non-public investigation of alleged market manipulation in the placing of circuitous schedules in the Lake Erie region. … For the reasons discussed below, we adopt the OE Report’s findings and conclusions that there was neither market manipulation nor tariff violations on the part of the entities placing these schedules. In addition, we have decided not to take further action on certain other tariff violation claims….

Generally speaking, the order indicated that the staff found no tariff violations nor market manipulation, but rather that certain market participants were simply reacting to market signals which induced them to schedule certain transactions from New York into PJM over ‘circuitous schedules’. (Strictly speaking, since charges for export transactions are often set administratively rather than by markets, I’d say market participants were opportunistically gaming the mixture of regulated rates and market prices offered up by the system.) FERC also directed the NYISO to develop a long-term solution to the problem within 180 days, and indicated that should the NYISO not file a solution that the FERC would take additional action.

The basic issue here arises because of the differences between how power transactions are scheduled for commercial purposes and how power actually flows between separately managed but interconnected power markets. A trader scheduling a power flow between New York and adjacent PJM could choose between a direct path or a more roundabout path (scheduling from New York through Ontario and the Midwest ISO, and entering PJM from the west). The choice of direct or indirect schedule doesn’t affect the actual power flow, just how the trader gets charged for the use of the transmission system.

When congestion costs became high in the NYISO system, it became cheaper for the trader to schedule a trade over the indirect path.  In the distinction introduced above, I’d say that charges for use of the direct path are more market-based, while trade over the indirect path mostly reflects regulated rates for export transactions. The problem arises because the trade will exacerbate the congestion problem in the system, but the trader will not be charged for all of the added costs. Instead, the costs get averaged into the bill of all system users.

While the actions apparently did not violate the NYISO tariffs or the commission’s market manipulation standards — I’m not an expert on those issues so I’ll take FERC’s conclusions on that issue — the indirect schedules clearly constitute an example of opportunistic behavior that should be discouraged. Opportunism in this context can be described as action which increases the profit of the trader but reduce the overall gains from trade (i.e. economic surplus or social welfare) produced in the market.* Because the indirect scheduling method reduced the costs paid by the trader, but caused the system as a whole to operate less efficiently, it is an opportunistic behavior.

It is an appropriate goal for public policy and the market operator to seek to deter opportunism in markets, so even in a case where no tariff violations were found it is clearly appropriate for the NYISO to revise its rules to prohibit such actions.

NOTES: Links to the FERC press release and order including staff report. This issue was previously discussed here, see my initial analysis and subsequent comments here and here.

*And therefore I think the term “gaming” appropriate. The definition of opportunism used derives from Amitai Aviram’s “Regulation by Networks,” BYU Law Review (2003), Aviram cites to Robert Cooter, “The Theory of Market Modernization of Law,” International Review of Law and Economics, (1996).

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Connecticut Attorney General proposes new state energy agency to combat incentives for economic efficiency

April 23, 2009

Michael Giberson

In economic theory, in lab experiments, in practice – pretty much generally speaking – it is well established in economics that a uniform clearing price auction works better than a pay-as-bid auction in cases such as the spot markets for power operated by the NYISO and ISO-New England (and every similar market in the United States, and most every other similar market internationally).

A week ago we discussed the recent argument to the contrary being tossed about in New York, and it appears that the pay-as-bid camp now has an advocate in neighboring Connecticut as well: the Attorney General. But in Connecticut the AG wants to go one better than a pay-as-bid pricing rule for ISO-New England (the regional power market operator in the Northeast), he wants to create a state power agency to supply power at cost to the state’s utilities.

According to an op-ed by the AG published in the New Haven Register:

A nonprofit, independent energy agency would lower prices by circumventing and short-circuiting irrational federal rules that ISO and FERC refuse to reform. The agency would do so by creating more supply — financing, building and buying power plants — that would sell power at cost to the utilities. It also would purchase power directly from generators, using its market power to negotiate lower rates and cutting out middlemen, such as hedge funds, investment banks and energy traders.

Finally, the authority would reduce costs by encouraging energy conservation and doing long-term planning for the state’s future power needs.

… An energy authority would neutralize FERC’s irrational rules by adding a big new player, acting in the public interest, that would use its market power and new plants to force down prices.

The “irrational federal rules that ISO and FERC refuse to reform” are rules in which, the AG said, the “highest, not the lowest, price sets the market. That formulation of the pricing rule omits an important detail – it is the highest accepted offer price that fixes the market price – not the highest offer price. I assume that the AG assumed the reader would grasp that point, but I make it explicit because that detail makes a big difference.

In a competitive market using a uniform clearing price paying the highest accepted offer, suppliers have strong incentives to bid near or at their marginal cost of production. When suppliers bid near their cost of production, then the market will naturally end up selecting the most efficient producers available to supply power. The market design also provides strong incentives to invest into the most efficient kinds of power plants. If the market is not competitive, then a uniform clearing price auction can enhance incentives to exercise market power, so these markets generally have extensive market power monitoring and mitigation schemes, too, for non-competitive periods.

In a competitive market using a pay-as-bid price rule, there are strong incentives for suppliers to bid at or just below their best guess at what the highest accepted market price will be. A low cost supplier that bids below the highest accepted market price is throwing away profit opportunities. The result is that the suppliers who guess (and so offer) the lowest prices get selected, not necessarily the low cost suppliers. In fact, as shown in economic experiments, (ungated version here) under pay-as-bid rules and competitive conditions, prices tend to drift as high as in uniform clearing price auctions with market power. (In the experiments cited, the researchers did not bother running the planned auctions under pay-as-bid rules and non-competitive conditions because the market performed so badly under pay-as-bid and competitive conditions it was clear that things could not get much worse.)

If prices under pay-as-bid do match uniform clearing price levels, then pay-as-bid will provide incentives to invest in the most efficient kinds of power plants. But, if the hopes and dreams for the pricing rule of pay-as-bid rule proponents come true:  suppliers bid their true costs, then incentives for investing in efficient plants are nearly eliminated.

There are a few other wrinkles in the comparison of pay-as-bid and uniform clearing price rules. In the testimony to the New York state assembly committee that I cited last week, David Patton summarized as follows:

While the pay-as-offered market design is superficially appealing, it would result in:

  • Higher overall costs to consumers;
  • Substantial inefficiencies in the operation of the system;
  • Distortions in the incentives to invest in new generation and transmission assets;
  • Additional costs that would harm relatively small suppliers; and
  • Enhanced opportunities for suppliers to engage in market power abuses and manipulation.

Similarly, in a recent overview of the view of the issue by power systems engineer Ross Baldick, he said:

Despite the compelling reasons for using the single market-clearing price for electricity, alternative pricing rules are sometimes proposed. One such alternative proposal is “pay-as-bid,” where each accepted offer is paid its offer price. However, there is no empirical or experimental evidence that pay-as-bid or other alternatives would reduce prices significantly compared to a single market-clearing price design. In fact, some evidence suggests that pay-as-bid would increase prices compared to explicitly setting the single market-clearing price. Moreover, pay-as-bid has some significant drawbacks.

In a forward to Baldick’s study, prominent auction design economist Peter Cramton said, “the clearing-price auction maximizes gains from trade: consumption comes from demand with the highest values and production comes from supply with the lowest cost. This is perhaps the most celebrated result in economics.”

Eight years ago, a “blue ribbon panel” – Cramton along with Edward Kahn, Richard Tabors, and Robert Porter – addressed the same issue in California. Then, as now, the analysts came to the conclusion that uniform clearing price rules are better, and pay-as-bid would: forstall efficiencies expected from the market, introduce additional inefficiencies in operations, weaken competition, and impede investment in demand-side responsiveness.

Not good enough for the AG in Connecticut. He wants a new state power agency empowered to fight these market rules and their incentives for economic efficiency. While I subscribe to the conventional wisdom of economists on this issue – uniform clearing prices work best – every so often it is worthwhile for advocates of failed policies to give the failed policies another chance to fail again. And the more public and transparent the failure the better.

Efficient markets may serve as good examples, but sometimes it is even more educational to have a “horrible warning” to point to. I’m not an electric power ratepayer nor taxpayer in Connecticult; I say, “Go for it!”

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Flawed report, subsequent debate should advance understanding of NYISO market

April 16, 2009

Michael Giberson

In New York, a debate over the NYISO market design initiated by a report by Robert McCullough and committee hearings in the state legislature.

The initial McCullough report asserted that the NYISO’s use of a uniform clearing price auction (the report calls it a “market-clearing price auction”, but “uniform clearing price” is technically more accurate) resulted in $2.2 billion in excessive charges for power customers in the state. I think the polite response is that McCullough’s analysis and conclusions are not well thought out. See NYISO external market monitor David Patton’s testimony to the state legislative committees for a good explanation of the economic analysis of the uniform clearing price issue.

NYISO contracted electric-power-economics heavyweight Sue Tierney to write an analysis of the McCullough Report, and Tierney’s assessment readily knocks down many points of the initial McCullough Report. The New York Public Service Commission also produced a counter-analysis of the first McCullough Report.

Perhaps to no one’s surprise, McCullough struck back with another report, this one mostly directed at points made by Tierney and then providing additional analysis on “hockey stick bidding” in the NYISO market.  McCullough also advocates for greater market transparency.

McCullough’s work often strikes me as more founded in political opportunism than economic analysis – the economics equivalent of ambulance chasing – but I think McCullough gets off a few good responses to Tierney in this second report. I’m a fan of increasing ISO market transparency, too, so I’m inclined to favor McCullough’s positions on those issues.

While the report that sparked the exchange was badly flawed, I think the ongoing debate will prove productive. (At least so long as the New York state legislature doesn’t muck things up by trying to put McCullough worst ideas into law.)

NOTES:

The Public Utility Law Project of New York (PULP) has been following the issue, see the blog posts here and here for their views and many related links. Also, see related news stories on this list managed by PULP. Stories by the Times-Union newspaper also cover the activity, here and here, and related blog posts here and here.

The NYISO is the independent power system and power market operator for the electric power industry in New York. I realize that not all of our readers instantly recognize the acronym or know what the ISO does. Someday I’ll get around to writing a good, basic explanation of what these markets are and why they work the way they do. (Does such an explanation already exist somewhere online? If you know of one, post a link in the comments and save me the trouble of writing one myself.)

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Wind power is dispatchable, down

March 9, 2009

Michael Giberson

Last week the New York ISO filed proposed tariff changes with the Federal Energy Regulatory Commission to revise how it treats wind power generation in its markets.  Under the NYISO’s current rules, wind power generators are not treated as flexible resources.  When the transmission system is overloaded, other generators can be asked to back down but wind power would not be reduced under most circumstances.  (Under current rules wind power can be backed down in extraordinary cases, via a cumbersome process, and sometimes generators back down voluntarily due to low prices.)

Under the proposed rules, wind power generators would be treated as flexible resources by the real time market system for output levels from zero up to the forecasted wind power output level.  The practical effect would be to allow the system to back down wind and non-wind generation in comparable fashion as needed to resolve congestion on the transmission grid.  Wind power generators would submit energy bids into the market like most generators and the ISO market would use the bids to work out the least cost method for resolving congestion.

While the change could result in wind power generators being directed to reduce output more frequently than under current rules, the NYISO said the change would likely increase the overall amount of wind power taken by the system. Under the current, manual procedures for directing reductions in wind power output, it is hard to get just the right amount of power off the system. The NYISO indicated that sometimes more power has been taken off the system for a longer period than was strictly necessary. In addition, even under voluntary curtailment by wind power generators due to low (and sometimes negative) prices, sometimes more power has been taken off the system longer than was needed to resolve the problem.

Both symptoms of the cumbersome approach now used have resulted in more work for the system operator and a less efficient supply of power.  The proposed changes should serve to more finely target any needed reductions in output, allowing a more efficient use of wind power when it is available.

Even with the proposed tariff changes, the NYISO expects that most of the time it will take all of the wind power available to the system. Of course, whether this remains true will depend on the pace of further wind power additions relative to the transmission improvements, if any, needed to support those additions.

The changes represent another step in the direction of the normalization of wind power resources in integrated regional power markets. The rules for wind power will never exactly be the same as the rules for, say, a combined-cycle combustion gas turbine, but then the treatment of that very flexible natural gas unit isn’t exactly the same as the treatment of a less flexible coal-fired steam turbine.

The market design goal should be to maximize the gains from trade produced through the regional power market. The process of adapting rules to the diversity inherent in the generation and demand-side resources available to the system should be undertaken with that goal in mind.

(ASIDE: Elsewhere I have been critical of the way that production tax credits available to wind power generators can distort the efficient operation of power markets. There was some talk about this issue in the recent FERC technical conference on integration of renewable resources, and I suspect I’ll have more to say on the issue in a few days when the transcript is online.

Some critics of current wind power subsidies may object to any normalization of the treatment of wind power so long as the subsidies continue, but I don’t think it desirable to try to fix market rules to compensate for the harmful effects of federal tax policy. Rather, market design should aim to maximize gains from trade given the larger legal and policy framework which the markets must operate in, and opposition to wasteful subsidies in the tax code should be directed to the legislative bodies responsible.)

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