Federal energy regulators illegally linked limited caps on soaring electricity prices to a requirement that California join a regional transmission organization, state regulators charged Friday.
The state is likely to claim it can accept the caps without joining the RTO, said Michael Kahn, chairman of the California Independent System Operator Board.
Wednesday's Federal Energy Regulatory Commission decision requires California to file by June 1 a proposal to join or create an RTO, or forego the limited price caps that take effect May 29.
That's an illegal attempt to coerce California into doing something FERC doesn't have the power to order, said Kahn and California Public Utilities Commission President Loretta Lynch.
The two regulators also disparaged the price caps, which kick in only when electricity reserves fall below 7.5 percent.
They also sharply criticized a portion of the order they said pressures the PUC to impose a surcharge on electricity rates.
Lynch said the order also appears to close the door to refunds of what the FERC has already suggested might be $124 million in overcharges by generators for the first three months of this year.
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Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
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