Flat Ridge Protest Sample Clauses

Flat Ridge Protest. Flat Ridge asserts that it did not execute the Flat Ridge GIA because it contains provisions that are unjust and unreasonable and unduly discriminatory or preferential, and therefore violates section 205 of the FPA and Commission precedent. Specifically, Flat Ridge argues that because of problems in the Tariff and its administration, including issues related to the limited operation impact study, execution of the Shared FCA, and a needed restudy of Group 8 interconnection projects, the Flat Ridge GIA would require Flat Ridge to commit significant resources to its project without any reliable commitment as to when SPP can provide interconnection service.18 Flat Ridge asserts that the Flat Ridge GIA would subject Flat Ridge to commercially unreasonable and unnecessary timing contingencies. Flat Ridge states that it will not know the date that the Flat Ridge project can reasonably be expected to begin commercial operation, and SPP will not know the date it can reasonably expect to provide interconnection service. Flat Ridge states that the Blackberry-Wolf Creek upgrade, a contingent facility for Flat Ridge’s project, has an in-service date of January 1, 2026, which is over two years after Flat Ridge’s requested commercial operation date of November 1, 2023. Flat Ridge argues that SPP has been unable to address the conflict between Flat Ridge’s desired commercial operation date and the in-service date for the Blackberry-Wolf Creek upgrade. Flat Ridge avers that it began discussions regarding conducting a limited operation impact study during the GIA negotiation process in order to resolve the conflict, but the discussions did not lead to a clear course of action. Flat Ridge asserts that SPP would only confirm that it would not be able to start the limited operation impact study until July 2021, with results in December 2021, well after the Flat Ridge GIA would need to be executed. Flat Ridge states that it offered to engage the same contractor used by SPP to conduct limited operation impact study studies, but SPP refused. Flat Ridge asserts that it submitted a formal limited operation impact study request on February 12, 2021. Flat Ridge acknowledges that article 5.9 of the Flat Ridge GIA provides an avenue for post-execution limited operation studies. However, Flat Ridge argues that given the financial obligations triggered by execution and given the absence of any prohibition of a 18 Flat Ridge Protest at 3. pre-GIA-execution limited operation impact study, ...
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Related to Flat Ridge Protest

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