157 FERC ¶ 61,213

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

18 CFR Part 35

[Docket No. RM17-3-000]

Fast-Start Pricing in Markets Operated by Regional Transmission Organizations and 

Independent System Operators

(December 15, 2016)

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: The Federal Energy Regulatory Commission is proposing to revise its 

regulations to require that each regional transmission organization and independent 

system operator incorporate market rules that meet certain requirements when pricing 

fast-start resources. These reforms should lead to prices that more transparently reflect 

the marginal cost of serving load, which will reduce uplift costs and thereby improve

price signals to support efficient investments.

DATES: Comments are due [INSERT DATE 60 days after publication in the 

FEDERAL REGISTER]

ADDRESSES: Comments, identified by docket number, may be filed in the following 

ways:

• Electronic Filing through http://www.ferc.gov. Documents created electronically 

using word processing software should be filed in native applications or print-toPDF format and not in a scanned format.
Docket No. RM17-3-000 - 2 -

• Mail/Hand Delivery: Those unable to file electronically may mail or hand-deliver 

comments to: Federal Energy Regulatory Commission, Secretary of the 

Commission, 888 First Street, NE, Washington, DC 20426.

Instructions: For detailed instructions on submitting comments and additional 

information on the rulemaking process, see the Comment Procedures Section of this 

document.

FOR FURTHER INFORMATION CONTACT:

Daniel Kheloussi (Technical Information)

Office of Energy Policy and Innovation

Federal Energy Regulatory Commission

888 First Street, NE

Washington, DC 20426

(202) 502-6391

daniel.kheloussi@ferc.gov

Eric Vandenberg (Technical Information)

Office of Energy Market Regulation

Federal Energy Regulatory Commission

888 First Street, NE

Washington, DC 20426

(202) 502-6283

eric.vandenberg@ferc.gov

Kaleb Lockwood (Legal Information)

Office of the General Counsel

Federal Energy Regulatory Commission

888 First Street, NE

Washington, DC 20426

(202) 502-8255

kaleb.lockwood@ferc.gov
157 FERC ¶ 61,213

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Fast-Start Pricing in Markets Operated by Regional 

Transmission Organizations and Independent System 

Operators

Docket No. RM17-3-000

NOTICE OF PROPOSED RULEMAKING

(December 15, 2016)

TABLE OF CONTENTS

Paragraph Numbers

I. Background .................................................................................................................... 5.

II. Discussion .................................................................................................................... 8.

A. Current RTO/ISO Approaches to Fast-Start Pricing.............................................. 11.

B. Comments on Fast-Start Pricing............................................................................. 18.

1. Fast-Start Resource Definitions and Resource Eligibility ................................. 22.

2. Inclusion of Start-up and No-load Costs in Prices ............................................. 23.

3. Relaxation of Economic Minimum Operating Limit ......................................... 27.

4. Offline Fast-Start Resources............................................................................... 30.

5. Day-Ahead and Real-Time Market Consistency................................................ 33.

C. Need for Reform of Fast-Start Pricing .................................................................. 34.

D. Commission Proposal............................................................................................. 44.

1. Fast-Start Resource Definitions and Resource Eligibility ................................. 46.

2. Inclusion of Start-up and No-load Costs in Prices ............................................. 49.

3. Relaxation of Economic Minimum Operating Limit ......................................... 54.

4. Offline Fast-Start Resources............................................................................... 56.

5. Day-Ahead and Real-Time Market Consistency................................................ 60.

6. Additional Comments Sought on This Proposal ............................................... 64.

III. Compliance................................................................................................................ 66.

IV. Information Collection Statement ............................................................................. 69.

V. Environmental Analysis ............................................................................................. 73.

VI. Regulatory Flexibility Act ........................................................................................ 74.

VII. Comment Procedures............................................................................................... 77.

VIII. Document Availability ........................................................................................... 81.
Docket No. RM17-3-000 - 2 -

1. In this Notice of Proposed Rulemaking (NOPR), the Federal Energy Regulatory 

Commission (Commission) is proposing to address the pricing of energy from resources 

that are able to start quickly (i.e., any resource that is able to start up within ten minutes 

or less, that has a minimum run time of one hour or less, and that submitted an economic 

energy offer to the market) (fast-start resources). In this context, fast-start pricing

addresses the software algorithms by which a regional transmission organization (RTO) 

or independent system operator (ISO) incorporates the offers of fast-start resources into 

the market prices for energy and ancillary services.

1

2. Varied approaches exist among RTOs and ISOs to incorporate fast-start resources 

into energy and ancillary services prices (fast-start pricing). Fast-start resources are 

 1 In the November 20, 2015 Order Directing Reports issued in Docket No. AD14-

14-000, the Commission noted that inflexible resources “are generally referred to as 

block-loaded fast-start resources.” Price Formation in Energy and Ancillary Services 

Markets Operated by Regional Transmission Organizations and Independent System 

Operators, 153 FERC ¶ 61,221, at P 9 (2015) (Order Directing Reports). The 

Commission also stated that 

[a]n inflexible resource generally refers to a resource that may 

not be able to physically operate much below its maximum 

output and therefore cannot be dispatched up or down. For this 

reason, the energy supply offer parameters for these resources 

may stipulate that they be dispatched either to zero or to a 

minimum level that is at (or close to) their maximum output, but 

not in between. 

Id. P 9 n.8. The Commission further noted that “[a] block-loaded resource is a resource 

whose economic minimum operating limit is equal to its economic maximum output.” 

Id. P 9 n.9. While this NOPR seeks to address issues discussed in the Order Directing 

Reports and the subsequent reports and comments submitted in that docket, we do not 

limit terms used in this NOPR to the definitions provided in the Order Directing Reports.
Docket No. RM17-3-000 - 3 -

unique because they are often dispatched to their inflexible minimum or maximum 

operating limits, and are thus not eligible to set the locational marginal price (LMP).

2

 In 

addition, fast-start resources are typically committed in real-time, very close to the 

interval when they are needed. As a result, the cost to commit these resources is incurred 

at roughly the same time the incremental energy costs are incurred, which raises the 

question of whether the commitment costs should be included in the LMP. Finally, faststart resources can arguably respond quickly enough to be considered part of an 

RTO’s/ISO’s operating reserves even when they have not yet been committed. As a 

result of these unique characteristics, RTOs/ISOs have developed pricing specific to this 

class of resources. This pricing is designed generally to recognize that fast-start 

resources are, for all intents and purposes, the marginal resource used to meet the next 

increment of energy or operating reserves demand. Based on experience with the 

different fast-start pricing used by each RTO/ISO, we believe some practices have 

emerged over time that better represent the marginal cost of serving load. 

3. We preliminarily find that some of these approaches may not result in rates that 

are just and reasonable for several reasons. We are concerned that some existing 

 2 At a high level, the LMP is set by the offer of the resource that is dispatched up 

to serve the next additional MW of demand or dispatched down to accommodate the next 

MW of reduced demand. Fast-start resources often have little or no dispatch range 

(i.e., their economic minimum operating limit equals their economic maximum operating 

limit). A resource that is operating inflexibly at its economic minimum operating limit or 

maximum operating limit is not dispatchable to serve an additional increment or 

decrement of load, and is thus not eligible to set the LMP.
Docket No. RM17-3-000 - 4 -

practices may not ensure that prices accurately reflect the marginal cost of serving load,

potentially resulting in prices that do not reflect the value of fast-start resources,

potentially creating unnecessary uplift payments, and potentially failing to provide 

incentives for market participants to make efficient investments. As a result, we propose 

to require that each RTO/ISO incorporate the following five requirements for its fast-start 

pricing. First, an RTO/ISO must apply fast-start pricing to any resource committed by 

the RTO/ISO that is able to start up within ten minutes or less, has a minimum run time 

of one hour or less, and that submits economic energy offers to the market. Second, 

when an RTO/ISO makes a decision to commit a fast-start resource, it should incorporate 

commitment costs, i.e., start-up and no-load costs, of fast-start resources in energy and 

operating reserve prices, but must do so only during the fast-start resource’s minimum 

run time. Third, an RTO/ISO must modify its fast-start pricing to relax the economic 

minimum operating limit of fast-start resources and treat them as dispatchable from zero 

to the economic maximum operating limit for the purpose of calculating prices. Fourth, 

if an RTO/ISO allows offline fast-start resources to set prices for addressing certain 

system needs, the resource must be feasible and economic. Finally, an RTO/ISO must 

incorporate fast-start pricing in both the day-ahead and real-time markets. 

4. We seek comment on these proposed reforms 60 days after publication of this 

NOPR in the Federal Register.

I. Background

5. In June 2014, the Commission initiated a proceeding, in Docket No. AD14-14-

000, Price Formation in Energy and Ancillary Services Markets Operated by Regional 
Docket No. RM17-3-000 - 5 -

Transmission Organizations and Independent System Operators, to evaluate issues 

regarding price formation in the energy and ancillary services markets operated by 

RTOs/ISOs (Price Formation Proceeding). The notice initiating that proceeding stated 

that there may be opportunities for the RTOs/ISOs to improve the price formation 

process in the energy and ancillary services markets. As set forth in the notice, prices 

used in energy and ancillary services markets ideally “would reflect the true marginal 

cost of production, taking into account all physical system constraints, and these prices 

would fully compensate all resources for the variable cost of providing service.”3

 

Pursuant to the notice, staff conducted outreach and convened technical workshops on the 

following four general issues: (1) use of uplift payments; (2) offer price mitigation and 

offer price caps; (3) scarcity and shortage pricing; and (4) operator actions that affect 

prices.4

 

6. In January 2015, the Commission requested comments on questions that arose 

from the price formation technical workshops.5

 As a result of these comments, the 

Commission identified, among other things, five technical topics with potential for 

reform to improve price formation, but for which further information was needed. In 

 3 Price Formation in Energy and Ancillary Services Markets Operated by 

Transmission Organizations and Independent System Operators, Notice, Docket No. 

AD14-14-000, at 2 (June 19, 2014).

4 Id. at 1, 3-4.

5 Notice Inviting Post-Technical Workshop Comments, Docket No. AD14-14-000 

(Jan. 16, 2015). 
Docket No. RM17-3-000 - 6 -

November 2015, the Commission issued an order that directed each RTO/ISO to report 

on these five price formation topics: fast-start pricing; managing multiple contingencies; 

look-ahead modeling; uplift allocation; and transparency.6

 The order directed each 

RTO/ISO to file a report providing an update on its current practices in the topic areas, 

outlining the status of its efforts (if any) to address issues in each of the five topics, and 

responding to specific questions contained in the order. This NOPR addresses the pricing 

of fast-start resources.

7. In the reports filed and the subsequent comments, RTOs/ISOs and other 

commenters addressed the issue of fast-start pricing, as discussed below.7

 

II. Discussion 

8. In RTOs/ISOs, LMPs reflect the system marginal cost of serving the next 

increment of load, taking into account transmission constraints and line losses. With 

certain exceptions, only resources that are dispatchable, i.e., those that can be dispatched 

up or down in response to changes in system conditions, are eligible to set prices.

8

 In 

many situations, this eligibility requirement ensures that LMPs reflect the marginal cost 

of serving the next increment of demand. However, this eligibility requirement can 

distort LMPs when a fast-start resource is committed and dispatched to serve expected 

 6

Order Directing Reports, 153 FERC ¶ 61,221).

7 A list of commenters and the abbreviated names used in this NOPR appears in 

the Appendix. 

8 Order Directing Reports, 153 FERC ¶ 61,221 at P 9. 
Docket No. RM17-3-000 - 7 -

load during a particular interval. This restriction often prevents a fast-start resource from 

setting prices when the resource is dispatched at its economic minimum operating limit. 

Fast-start resources are often required to be dispatched at their economic minimum 

operating limit or are block-loaded.9

 Because the system may need fewer megawatts 

(MW) than the fast-start resource’s economic minimum operating limit to meet load, 

other resources must be dispatched down. The resources that were dispatched down 

become the most economic option to serve the next increment of load. Therefore, despite 

the fact that a fast-start resource is essentially marginal, this restriction prevents a faststart resource dispatched at its economic minimum operating limit from setting the LMP. 

To allow fast-start resources to set prices so that LMPs better reflect the marginal cost of 

serving load, some RTOs/ISOs modify the market rules and software. Typically, they 

treat fast-start resources as dispatchable in a pricing algorithm (i.e., pricing run) separate 

from the dispatch algorithm (i.e., dispatch run). While the dispatch run meets all of the 

physical constraints of the resources, the pricing run relaxes the economic minimum 

operating limit of a fast-start resource so that the resource is treated as dispatchable by 

the market-clearing software and eligible to set prices.

 9 Block-loaded means the resource’s economic minimum operating limit equals its 

economic maximum operating limit. The economic minimum and maximum operating 

limits are the minimum amount of electric power that a resource must be allowed to 

produce, and the highest level a resource can produce, while under economic dispatch, 

respectively. 
Docket No. RM17-3-000 - 8 -

9. Fast-start pricing can result in improved price signals, especially during tight or 

unexpected system conditions when the need for fast-start resources is the greatest. 

However, fast-start pricing can create a disconnect between prices and dispatch 

instructions, which can lead to over-generation. Specifically, fast-start pricing requires 

the pricing run to assume that fast-start resources can operate below the resources’ 

economic minimum operating limit such that the pricing run also dispatches other units at 

levels greater than the level instructed by the dispatch run. Many RTOs/ISOs ensure that 

the disconnect in resource output levels between the pricing and dispatch runs are 

reconciled to avoid over-generation; however, some RTOs/ISOs do not reconcile the 

differences, leading to dispatch targets that produce energy in excess of what is needed to 

serve load, i.e., over-generation. Further, generation resources that are dispatched 

downward to accommodate the commitment of fast-start resources may have incentives 

to produce energy above their dispatch targets to capture the higher prices set by fast-start 

resources, leading to over-generation. Thus, fast-start pricing rules are typically paired 

with market rules to reduce the incentives for producing energy above dispatch targets. 

10. Further, reflecting commitment costs in LMPs requires some judgment regarding 

how and when to include those commitment costs. Similarly, reflecting the costs of 

offline resources in LMPs requires some judgment regarding when these resources are 

actually economically and technically able to address a reserve shortage or transmission 

constraint. 
Docket No. RM17-3-000 - 9 -

A. Current RTO/ISO Approaches to Fast-Start Pricing

11. Each RTO/ISO has developed its own unique pricing to accommodate the specific 

characteristics of fast-start resources in its respective market. 

12. CAISO defines fast-start resources as those that can come online in under 

two hours and can be committed in CAISO’s fifteen-minute market or the short-term unit 

commitment process. CAISO states that there is no special treatment for the commitment 

or pricing of generating units related to whether they are fast, medium, or long start.10 

However, CAISO applies special modeling logic to certain block-loaded or nearly blockloaded resources known as Constrained Output Generators.

11 CAISO currently allows 

minimum load costs to affect LMPs but does not include start-up costs.12 In the dayahead market, Constrained Output Generators are treated as dispatchable resources in 

both the scheduling and pricing run; thus, in the day-ahead market, Constrained Output 

Generators can set prices. In the real-time market, the scheduling run does not allow 

 10 Report of CAISO, Docket No. AD14-14-000, at 4 (Mar. 4, 2016) (CAISO 

Report).

11 CAISO defines a Constrained Output Generator as any generating unit with an 

operating range that is no greater than the highest of three MW or five percent of its 

maximum operating range. Id. at 1-2. Block-loaded resources in CAISO are required to 

register as Constrained Output Generators, while certain nearly-block loaded resources 

are permitted to register as Constrained Output Generators, if desired. CAISO notes that 

there are currently no resources registered as Constrained Output Generators. Id. at 11.

12 Id. at 2. In CAISO, a Constrained Output Generator’s calculated energy bid 

(which is the unit’s minimum load costs divided by the MW quantity of the unit’s 

maximum output) can set the LMP.
Docket No. RM17-3-000 - 10 -

Constrained Output Generators to be dispatched below their economic minimum 

operating limit, but in the pricing run the economic minimum operating limit is relaxed to 

zero. CAISO does not allow offline resources to set LMP.13 CAISO states that because 

so few resources have registered as Constrained Output Generators, it has no anecdotal 

data that its Constrained Output Generator-related pricing logic results in over-generation 

issues. However, CAISO notes that over-generation could be a concern if a large number 

of resources were to register as Constrained Output Generators.

14 CAISO states that it is 

not currently working on any stakeholder initiatives to modify commitment or pricing 

logic related to fast-start units, but notes that some of its stakeholders have argued for an 

extended pricing mechanism similar to MISO’s Extended LMP mechanism.

15

13. ISO-NE recently proposed revisions to its process for dispatching and pricing fast-

 13 Id. at 10.

14 Id. at 8. Fast-start pricing could result in over-generation (i.e., producing energy 

in excess of what is needed to serve load) due to several factors. First, price signals 

generated by fast-start pricing could incent some resources to produce energy above their 

dispatch targets. Specifically, if LMP is higher than a resource’s incremental energy 

offer, that resource would have an incentive to increase its profits by generating above 

energy dispatch targets, leading to over-generation. Second, an RTO/ISO may use a 

scheduling run that incorporates relaxed economic minimum operating limits and does 

not require that generation be equal to load, resulting in over-generation. See PJM Report 

on Price Formation Issues, Docket No. AD14-14-000, at 12-13 (Feb. 17, 2016) (PJM 

Report).

15 CAISO Report at 8-9.
Docket No. RM17-3-000 - 11 -

start units, which will become effective March 31, 2017.16 ISO-NE defines fast-start 

resources as those with start-up times of thirty minutes or less and which have a 

minimum run time of one hour or less and a minimum down time of one hour or less.17 

ISO-NE states that its pricing mechanism will allow start-up and no-load costs to be 

included in LMPs. ISO-NE will have separate dispatch and pricing runs, with the pricing 

run following the dispatch run, where economic minimum operating limits are relaxed.18 

However, ISO-NE does not allow offline resources to set the LMP.19 ISO-NE states that 

its revised fast-start pricing is being implemented in the real-time market only.20 ISO-NE 

argues that its revised fast-start pricing logic will eliminate over-generation issues and 

states that it will compensate certain re-dispatched resources for their opportunity costs.21 

14. MISO’s fast-start pricing logic, referred to as Extended LMP (ELMP), became 

effective in 2015.22 MISO defines a fast-start generating resource as a generating unit

 16 ISO New England Inc. and New England Power Pool Participants Committee, 

Docket No. ER15-2716-000 (Oct. 19, 2015) (delegated letter order).

17 Report of ISO-NE, Docket No. AD14-14-000, at 6 (Mar. 4, 2016) (ISO-NE 

Report).

18 Id. at 16.

19 Id. at 10.

20 Id. at 3.

21 Id. at 14-15.

22 Midcontinent Indep. Sys. Operator, Inc., 150 FERC ¶ 61,143 (2015).
Docket No. RM17-3-000 - 12 -

with a start-up time of ten minutes or less and a minimum run time of one hour or less.23 

MISO allows a fast-start resource’s start-up and no-load costs to affect the LMP. MISO 

also allows an offline fast-start resource to set LMPs but only under reserve or 

transmission scarcity conditions.

24 MISO’s ELMP is applied to both day-ahead and realtime markets in order to facilitate price convergence between the two markets.25 MISO 

states that, though it recognizes that fast-start pricing can result in over-generation, it has 

not observed any significant over-generation issues. However, MISO emphasizes that its 

settlement rules incentivize following dispatch instructions because it penalizes resources

that deviate.26 MISO states that it is currently planning to implement ELMP Phase II, 

which it states will expand upon Phase I principles by applying fast-start pricing to more 

peaking resources.27

15. NYISO does not apply fast-start pricing to all fast-start resources. Instead, NYISO 

applies special pricing logic, referred to as “hybrid gas turbine pricing logic,” to all 

committed block-loaded resources qualified to provide 10-minute non-synchronous 

 23 Report of MISO, Docket No. AD14-14-000, at 9 (Mar. 4, 2016) (MISO Report).

24 Id. at 11.

25 Id. at 8. 

26 Id. at 15.

27 Id. at 7.
Docket No. RM17-3-000 - 13 -

reserves. This pricing logic allows block-loaded gas turbines to set prices.28 Under this 

logic, start-up and no-load costs are not reflected in LMP. In the day-ahead market, all 

resources are modeled as dispatchable in the pricing pass of the Security Constrained 

Unit Commitment process, but NYISO states that this process does not employ the same 

fast-start pricing as is used in real-time.29 NYISO explains that, in the real-time market, 

its hybrid gas turbine pricing logic allows block-loaded resources to be modeled as fully 

dispatchable to determine prices.30 NYISO applies fast-start pricing during a fast-start 

resource’s minimum run time if it is economic.31 NYISO also allows offline fast-start 

resources to set prices and allows start-up costs for those resources to be reflected in the 

price.32 NYISO states that it will be working with stakeholders during 2016 to allow all 

block-loaded units economically committed by the real-time commitment software to set 

prices.33

16. PJM’s tariff and other governing documents do not include formal definitions for 

fast-start or block-loaded resources. For the purposes of its report, PJM describes a fast-

 28 Corrected Report of NYISO, Docket No. AD14-14-000, at 9 (Mar. 23, 2016) 

(NYISO Report). 

29 Id. at 15.

30 Id. at 3. 

31 Id. at 4.

32 Id. at 6, 10.

33 Id. at 3, 8. 
Docket No. RM17-3-000 - 14 -

start resource as a combustion turbine that can start within two hours and a block-loaded 

resource as one with an economic minimum operating limit equal to its economic 

maximum operating limit. In practice, PJM allows block-loaded resources to set prices.

34

PJM’s pricing logic does not allow block-loaded resources’ start-up or no-load costs to be 

included in prices. PJM states that in the day-ahead market, the pricing and dispatch runs 

are combined, while in the real-time market, the pricing run executes first, followed by 

the dispatch run.35 PJM states that in both the day-ahead and real-time markets, it relaxes 

the economic minimum operating level of block-loaded resources up to ten percent.36 

However, PJM does not allow offline resources to set prices.37 PJM explains that it 

allows resources with a limited operating range, other than block-loaded resources, to set 

prices when operating to control a specific transmission constraint.38 PJM states that it is 

not currently working on any stakeholder initiatives regarding fast-start unit pricing.39

17. SPP has special pricing logic that it applies to what it refers to as quick-start 

resources. SPP defines a quick-start resource as a resource that (1) is registered as a 

quick-start resource; (2) has a cold start-up time of ten minutes or less; (3) has a 

 34 PJM Report at 2.

35 Id. at 5.

36 Id. at 5. 

37 Id. at 10-11. 

38 Id. at 14-15.

39 Id. at 9.
Docket No. RM17-3-000 - 15 -

minimum run time of one hour or less; and (4) has a total minimum down time of 

one hour or less.40 SPP does not allow start-up or no-load costs to affect LMP directly, 

but does allow quick-start resources to include start-up and no-load costs in their 

mitigated energy offer curves for the purpose of unit commitment.41 SPP’s production

run determines both dispatch and pricing for all resources but resources constrained by 

their economic minimum or maximum operating limits are not eligible to set LMP.

42 

Specifically, SPP states that it relaxes the economic minimum operating limit of quickstart resources to zero in a screening run that is executed prior to the final production run, 

which includes both dispatch and pricing. SPP explains that if the quick-start resource is 

dispatched below its economic minimum operating limit in the screening run, it will be 

considered offline in the final production run. Conversely, SPP states that if the quickstart resource is committed at or above its economic minimum operating limit, it will be 

considered online in the final production run.43 Additionally, SPP does not allow offline 

quick-start resources to set LMP.

44 SPP reports that it intends to implement new fast-

 40 Report of SPP on Price Formation Issues, Docket No. AD14-14-000, at 1-2 

(Mar. 7, 2016) (SPP Report).

41 Id. at 5, 8, 10. 

42 Id. at 2-3.

43 Id. at 2-3. 

44 Id. at 8-9.
Docket No. RM17-3-000 - 16 -

start pricing to commit quick-start resources more efficiently in real-time in the 

second quarter of 2017.45

B. Comments on Fast-Start Pricing

18. Multiple commenters support the use of fast-start pricing methods that allow 

resources dispatched at their operating limits to set LMP and allow start-up and no-load 

costs to affect prices.

46 EPSA/WPTF47 argues that such fast-start pricing methods could 

improve pricing signals and help correct CAISO’s “duck curve problem” by 

redistributing excess costs incurred during the middle of the day to the ramping periods.48 

Similarly, Exelon believes that RTOs/ISOs should ensure that start-up and no-load costs 

of resources dispatched at operational limits can affect prices by using a particular 

mathematical technique called “convex hull pricing,” which would better reflect the cost 

of electricity, reduce uplift, and enhance incentives for all resources to perform.49

 45 Id. at 4-5.

46 DC Energy, Inertia Power, and Vitol Comments at 8; EPSA Comments at 11; 

EPSA/IPPNY Comments at 6; EPSA/P3 Comments at 5; EPSA/WPTF Comments at 4-5; 

Exelon Comments at 7-8; PSEG Companies Comments at 8. 

47 EPSA filed multiple sets of comments paired with different groups as well as its 

own stand-alone comments. 

48 EPSA/WPTF Comments at 4-5.

49 Exelon Comments at 6-7. Commenters frequently refer to a certain pricing 

methodology known as “convex hull pricing.” This methodology allows the start-up and 

no-load costs of resources to affect prices by using a particular mathematical technique.
Docket No. RM17-3-000 - 17 -

19. Commenters identified a number of best practices across the RTOs/ISOs. 

Entergy, EPSA, and Westar generally support certain aspects of MISO’s ELMP. EPSA 

believes that MISO’s ELMP approach yields favorable results by ensuring that generators 

follow dispatch signals and that generators’ minimum operating limits are satisfied in 

dispatch.50 EPSA states that several components of MISO’s ELMP can be widely 

adopted across all RTO/ISO pricing mechanisms.51 Further, EPSA and PSEG 

Companies believe the approaches used by MISO and ISO-NE to relax the economic 

minimum limits represent a best practice.52 Further, PSEG Companies states that ISONE’s revised fast-start pricing method addresses over-generation concerns by paying lost 

opportunity payments to those resources that follow dispatch instructions but are 

subsequently re-dispatched down to their economic set point.

53 In addition, EPSA and 

EPSA/IPPNY are generally supportive of NYISO’s fast-start pricing methods.54 

20. On the other hand, EPSA and Golden Spread express concern that the fast-start 

pricing methods employed by SPP are insufficient.

55 Specifically, Golden Spread states 

that certain aspects of SPP’s market design features and operator practices result in 

 50 EPSA Comments (on MISO Report) at 12.

51 Id. at 6; EPSA Comments (on price formation) at 12-13. 

52 EPSA Comments (on MISO Report) at 6; PSEG Companies Comments at 4.

53 PSEG Companies Comments at 7.

54 EPSA Comments (on SPP Report) at 7; EPSA/IPPNY Comments at 5-6.

55 EPSA Comments (on SPP Report) at 5; Golden Spread Comments at 1-2.
Docket No. RM17-3-000 - 18 -

inefficient market prices and fail to reflect the costs to start and operate fast-start 

resources or the value they provide to the system.56 

21. In contrast, the PJM Market Monitor argues that relaxing economic minimum 

limits for price setting artificially overrides fundamental pricing logic in order to reduce 

uplift. The PJM Market Monitor argues that this can result in an increase in total 

production costs.57 Specifically, the PJM Market Monitor opposes PJM’s practice of 

reducing the economic minimum limit of certain resources to change LMPs. The PJM 

Market Monitor argues that this pricing logic is a form of subjective pricing because it 

varies from fundamental LMP logic based on an administrative decision to reduce 

uplift.58

1. Fast-Start Resource Definitions and Resource Eligibility 

22. Commenters generally support applying enhanced technology-neutral fast-start 

pricing logic to an expanded set of resources. Exelon and IMG Midstream/Tangibl 

recommend that the definition of fast-start resources be technology agnostic.59 EPSA and 

Entergy support expanding MISO’s ELMP pricing to include units that can respond 

 56 Golden Spread Comments at 1-2.

57 PJM Market Monitor Comments at 2-3.

58 Id. at 2. 

59 Exelon Comments at 13; IMG Midstream/Tangibl Comments 4-5.
Docket No. RM17-3-000 - 19 -

within thirty minutes and to include more emergency demand response resources.

60 

EPSA/NEPGA also supports prioritizing fast-start demand response resource pricing.61 

IMG Midstream/Tangibl states that PJM’s and CAISO’s definitions of fast-start resources 

do not coincide with the definition used by other RTOs/ISOs, which define fast-start 

resources as being able to start up within ten minutes, rather than two hours as defined by 

PJM and CAISO. Further, IMG Midstream/Tangibl argues that PJM’s definition 

inappropriately rewards less flexible resources.62 IMG Midstream/Tangibl recommends 

that the Commission direct PJM and CAISO to define stricter start-up time requirements 

for fast-start resources, or create two different classes for these resources to better 

differentiate those that are truly fast-start from those that are not.63 With respect to 

CAISO’s Constrained Output Generator commitment process, EPSA/WPTF points out 

that not all fast-start resources are registered or would qualify for this process.64

 60 EPSA Comments (on MISO Report) at 10; EPSA Comments (on price 

formation) at 13; Entergy Comments at 7.

61 EPSA/NEPGA Comments at 6-7.

62 IMG Midstream/Tangibl Comments at 2-4, 6-8.

63 Id. at 4-5. However, CAISO states that regardless of whether a unit is classified 

as fast, medium, or long start, there is no special treatment for the commitment or pricing 

of that unit. CAISO Report at 4.

64 EPSA/WPTF Comments at 5.
Docket No. RM17-3-000 - 20 -

2. Inclusion of Start-up and No-load Costs in Prices

23. Multiple commenters believe that the start-up and no-load costs of fast-start 

resources should be allowed to affect LMPs, particularly when a unit is within its 

minimum run time.65 According to EEI, including start-up and no-load costs in 

appropriate markets could minimize uplift and result in more complete and accurate price 

signals for market participants.66 DC Energy, Inertia Power, and Vitol note that both 

ISO-NE and MISO use reasonable methods of amortizing a fast-start resource’s start-up 

costs over its minimum run time, and that resource’s no-load costs over its actual run 

time, which appropriately includes these costs in prices.67

24. EPSA/IPPNY urges the Commission to direct NYISO to review whether the startup and no-load costs of fast-start resources should be allowed to affect LMPs and 

supports NYISO’s current efforts in this regard.

68 Similarly, Golden Spread, Westar, and 

 65 DC Energy, Inertia Power, and Vitol Comments at 8-9; EEI Comments at 3;

EPSA/P3 Comments at 5-6; Exelon Comments at 9-10; IMG Midstream/Tangibl 

Comments at 8-9; PSEG Companies Comments at 9. Exelon also states that PJM’s 

concern that resources will chase prices if start-up and no-load costs are included in price 

should be resolved by imposing a penalty to resources that deviate from dispatch 

instructions. Exelon Comments at 12.

66 EEI Comments at 3-4.

67 DC Energy, Inertia Power, and Vitol Comments at 9.

68 EPSA/IPPNY Comments at 6.
Docket No. RM17-3-000 - 21 -

EPSA believe that SPP should incorporate the start-up and no-load costs of fast-start 

resources into the LMP69 in order to reduce uplift and prevent price suppression.70 

25. Conversely, the PJM Market Monitor states that PJM appropriately explains in its 

report the likely negative impacts of including start-up and no-load costs in PJM’s pricesetting logic.71 PJM argues that to account for start-up costs in LMP would involve 

assumptions regarding the run time of a fast-start resource in order to amortize these

costs over that period. PJM contends that assumptions regarding actual run time would 

introduce uncertainty and error in LMP calculations and cause potential divergence 

between the dispatch instructions given to a resource and the LMP at the resource’s 

location.72 In addition, PJM explains that incorporating no-load costs into the calculation 

of LMP would represent a significant change to the status quo and produce negligible 

benefits. PJM asserts that such a change would introduce a divergence between LMPs 

and dispatch signals for all resources.73 

 69 As noted previously, SPP determines a unit’s offer curve by combining start-up 

and no-load adders with the unit’s energy offer curve. However, only the energy 

component is used to set LMP. SPP Report at 8. 

70 EPSA Comments (on SPP Report) at 8; Golden Spread Comments at 1-2;

Westar Comments at 3-4.

71 PJM Market Monitor Comments at 1.

72 PJM Report at 10.

73 Id. at 10.
Docket No. RM17-3-000 - 22 -

26. CAISO asserts that LMPs are intended to reflect the incremental cost of serving 

load, which does not include commitment costs, but states that the logic by which the noload costs of block-loaded Constrained Output Generators are included in LMPs could be 

extended to other resources with a limited operating range.74 

3. Relaxation of Economic Minimum Operating Limit

27. Several commenters argue that the economic minimum operating limit of blockloaded or fast-start resources should be relaxed to zero when determining prices. EPSA, 

EPSA/P3, Exelon, and PSEG Companies argue that PJM’s practice of relaxing the 

economic minimum operating limit by at most ten percent limits the ability for blockloaded resources to set LMPs whenever they are required to meet load and prevents a full 

consideration of a block-loaded resource’s costs.75 PSEG Companies requests that the 

Commission find that relaxing a block-loaded fast-start resource’s minimum operating 

limit to zero (i.e., relaxing the minimum operating limit by 100 percent) is the best 

practice because it ensures that block-loaded resources can set the price whenever they 

are needed.76 PJM argues that because it limits the relaxation of the economic minimum 

 74 CAISO Report at 12.

75 EPSA Comments (on MISO Report) at 6; EPSA/P3 Comments at 6; Exelon 

Comments at 12; PSEG Companies Comments at 4-5.

76 PSEG Companies Comments at 7.
Docket No. RM17-3-000 - 23 -

operating limit by at most ten percent, over-generation is kept to a minimum and any 

imbalances are managed by existing grid services.77

28. EPSA encourages the Commission to direct all RTOs/ISOs to incorporate the 

principles exemplified by MISO’s ELMP pricing logic, which it believes relaxes 

economic minimum operating limits in a pricing run that occurs after the dispatch run, 

and appears to have resulted in robust dispatch operations and not resulted in significant 

over-generation. EPSA states that such logic will help adequately compensate resources 

for their distinct capabilities through LMPs and lead to efficient and orderly dispatch.78

29. NYISO states that it allows block-loaded resources to be considered as fully 

dispatchable from zero to their upper limit when determining prices so that these 

resources can set the price whenever they are needed to meet load.79 NYISO argues 

that not treating such resources as fully dispatchable could prevent these resources from 

setting prices, especially in load pockets within New York where only block-loaded 

resources are available to meet reliability needs.80

 77 PJM Report at 12.

78 EPSA Comments (on MISO Report) at 12-13.

79 NYISO Report at 5.

80 Id. at 5.
Docket No. RM17-3-000 - 24 -

4. Offline Fast-Start Resources

30. Several commenters express concern that allowing offline resources to set prices 

when they are not actually capable of resolving a transmission or reserve shortage could 

lead to inaccurate price signals.81 Specifically, Entergy, EPSA, and Westar express 

concern that MISO is over-including offline resources in price setting even when they 

are not available to serve an increase in demand.82 Westar further states that the use of 

offline unit costs can inappropriately prevent scarcity price signals, prevent online 

resources with higher costs from setting the price, lead to increased uplift, and result in 

prices that do not represent the true marginal cost of production.83 To remedy this issue, 

EPSA argues that MISO must make significant improvements to its dispatch modeling 

and pricing processes in order to allow offline resources to set prices only when these 

resources are both economic and available.84 MISO states that it allows offline fast-start 

resources to set LMP, but has, per guidance from its market monitor, revised its 

commitment methodology to better reflect unit economics and availability.85

 81 Entergy Comments at 7; EPSA Comments (on MISO Report) at 6-8; Exelon 

Comments at 13; Westar Comments at 4-5. 

82 Entergy Comments at 7; EPSA Comments (on MISO Report) at 6-8; Westar 

Comments at 4-5.

83 Westar Comments at 4-5. 

84 EPSA Comments (on MISO Report) at 6. 

85 MISO Report at 11-14.
Docket No. RM17-3-000 - 25 -

31. CAISO does not believe that allowing offline resources to contribute to LMP 

would lead to the most economical market solution.86 CAISO explains that it clears its 

markets using classical unit commitment methodologies where the objective is to 

minimize the overall system costs, including the commitment costs. Under this approach, 

CAISO states that offline resources would not be committed in CAISO markets because

they are considered to not lead to the most economical solution. PJM and ISO-NE argue 

that, since LMP is based on the cost of the next incremental unit of energy at that moment 

in time and an offline resource cannot provide that next incremental unit of energy, 

offline resources should not be eligible to set prices.

87

32. With respect to NYISO’s treatment of offline resources, LIPA states that NYISO’s 

model reflects the availability of offline units in LMPs while not accurately representing 

the actual flexibility of the system. LIPA explains that this leads to inefficient pricing 

and system dispatch, as well as excessive start-ups of offline units.88 

5. Day-Ahead and Real-Time Market Consistency

33. Commenters also generally support the use of fast-start pricing in both the dayahead and real-time markets. Some commenters contend that RTOs/ISOs should use 

consistent fast-start pricing for both day-ahead and real-time models to encourage price 

 86 CAISO Report at 10.

87 PJM Report at 11; ISO-NE Report at 10.

88 LIPA Comments at 4.
Docket No. RM17-3-000 - 26 -

convergence, regardless of how infrequently fast-start units are committed in the dayahead market.89 Entergy supports MISO’s past efforts to implement ELMP as a dayahead and real-time market platform such that LMP reflects the true marginal cost of 

production.90 PJM states that its fast-start pricing logic is applied to both markets in 

order to reflect the costs of resources operated to address transmission constraints in both 

day-ahead and real-time LMPs.91 On the other hand, ISO-NE states that its revised faststart pricing is being implemented in the real-time market only.

92 ISO-NE explains that 

implementation in the day-ahead market would have a smaller beneficial impact given 

that most fast-start resources do not clear in the day-ahead market. ISO-NE states that 

this is especially true with respect to fossil fuel fast-start resources, which have inherently 

high operating costs and primarily operate in response to unanticipated real-time system 

conditions.

93

C. Need for Reform of Fast-Start Pricing

34. We preliminarily find that RTOs’/ISOs’ existing practices regarding the pricing of 

fast-start resources may result in rates that are unjust and unreasonable. 

 89 DC Energy, Inertia Power, and Vitol Comments at 9-10.

90 Entergy Comments at 7.

91 PJM Report at 13.

92 ISO-NE Report at 16-17.

93 ISO-NE Report at 16.
Docket No. RM17-3-000 - 27 -

35. The Commission has stated that the goals of price formation are to: (1) maximize 

market surplus for consumers and suppliers; (2) provide correct incentives for market 

participants to follow commitment and dispatch instructions, make efficient investments 

in facilities and equipment, and maintain reliability; (3) provide transparency so that 

market participants understand how prices reflect the actual marginal cost of serving load 

and the operational constraints of reliably operating the system; and (4) ensure that all 

suppliers have an opportunity to recover their costs.94 The accurate pricing of fast-start 

resources can advance price formation goals by more transparently reflecting the 

marginal cost of serving load, which will reduce uplift costs and thereby improve price 

signals to support efficient investments in facilities and equipment. 

36. While most RTOs/ISOs have incorporated some form of fast-start pricing into 

their market-clearing software, based on experience with the different fast-start pricing 

used by each RTO/ISO, we believe some practices have emerged that better represent 

the marginal cost of serving load. Specifically, we believe that some existing fast-start 

pricing practices, or a lack of fast-start pricing practices, may result in market prices 

that fail to accurately reflect the marginal cost of serving load. These prices may fail 

to reflect the value of fast-start resources and create unnecessary uplift payments. 

 94 See Notice Inviting Post-Technical Workshop Comments, Docket No. AD14-

14-000 at 2 Price Formation in Energy and Ancillary Services Market Operated by 

Transmission Organizations and Independent System Operators, Notice, Docket 

No. AD14-14-000.
Docket No. RM17-3-000 - 28 -

37. For the reasons outlined below, we preliminarily find that such market outcomes 

may produce rates that are unjust and unreasonable. First, we preliminarily find that 

some current RTO/ISO practices may fail to accurately reflect the marginal cost of 

serving load because fast-start resources are inappropriately prevented from setting 

prices.95 Fast-start resources are often dispatched to meet real-time system needs but 

are often ineligible to set the clearing price because these resources are either dispatched 

at an economic minimum operating limit or are block-loaded. This is the case because 

LMP is set by the offer of the resource that is dispatched up to serve the next additional 

MW of demand or dispatched down to accommodate the next MW of reduced demand. 

Fast-start resources often have little or no dispatch range (i.e., their economic minimum 

operating limit equals their economic maximum operating limit). A resource that is 

operating inflexibly at its economic minimum operating limit or economic maximum 

operating limit is not dispatchable to serve an additional increment or decrement of 

demand, so is not eligible to set prices.96 Rules or modeling practices that prevent fast-

 95 See Midwest Indep. Transmission Sys. Operator, Inc., 140 FERC ¶ 61,067, 

at P 38 (2012) (finding that MISO’s LMP pricing algorithm, which prohibited fast-start 

resources from setting the market clearing price, “may produce an inaccurate price 

signal”).

96 See Federal Energy Regulatory Commission, Price Formation in Organized 

Wholesale Electricity Markets: Staff Analysis of Operator-Initiated Commitments in 

RTO and ISO Markets, Docket No. AD14-14-000, at 26-27 (Dec. 2014),

http://www.ferc.gov/legal/staff-reports/2014/AD14-14-operator-actions.pdf.
Docket No. RM17-3-000 - 29 -

start resources from setting prices result in prices that fail to reflect the cost of the 

marginal resource on the system when that resource is needed to serve load. 

38. While PJM and NYISO allow certain block-loaded resources to set prices, they 

do not generally allow fast-start resources that are not block-loaded to set prices. CAISO 

allows only certain block-loaded and nearly block-loaded resources to set prices. In 

addition, PJM’s practice of relaxing the economic minimum operating limits of blockloaded resources by at most ten percent could restrict the set of circumstances in which 

such a resource could set prices. 

39. Second, even if fast-start resources were allowed to set prices, certain other 

aspects of some current RTO/ISO fast-start pricing practices, such as not choosing to 

include commitment costs, can prevent prices from accurately reflecting the marginal 

cost of serving load. Because of their operating characteristics, fast-start resources are 

uniquely situated to respond to unforeseen real-time system needs. When fast-start 

resources are committed in real-time, it is often at short notice to meet some system 

condition or market need over a short time period, and, as such, we preliminarily find 

that these commitment costs should be considered marginal costs. However, this is not 

the current practice in all RTOs/ISOs, and we preliminarily find that market rules in some 

RTOs/ISOs that prevent prices from reflecting commitment costs of fast-start resources 

may contribute to inaccurate price signals. 

40. Third, some current practices regarding the use of offline resources to set prices in 

certain RTOs/ISOs may distort price signals. For example, MISO allows offline fast-start 

resources to set prices under transmission constraint violations or reserve shortage 
Docket No. RM17-3-000 - 30 -

conditions, although sometimes such resources are not feasible (i.e., the resources are not 

able to start up quickly enough to address the shortage or transmission constraint 

violation) or economic for addressing the shortage or transmission constraint violation.97 

If an offline fast-start resource is not actually feasible or economic for addressing a 

shortage or transmission constraint violation, then the resulting prices could be 

inefficiently low and mute the price signals associated with shortages or transmission 

constraint violations.

98 

41. Fourth, we are concerned that implementation of fast-start pricing in the real-time 

market only, or implementation of fast-start pricing practices in the day-ahead market 

that are significantly different from the real-time market, can negatively impact dayahead and real-time price convergence and may result in day-ahead market prices that fail 

to reflect the marginal cost of fast-start resources. Furthermore, even though some 

RTOs/ISOs have implemented some form of fast-start pricing in the day-ahead market, 

current rules limit which resources qualify as fast-start resources in a manner that is 

inconsistent with the requirements herein. 

 97 MISO, Informational Report on Extended Locational Marginal Pricing, 

Docket No. ER12-668-000, at 9 (Aug. 29, 2016). MISO states that for reserve shortages, 

53 percent of participating offline fast-start units were feasible and economic. For 

transmission violations, it states that 77 percent of participating offline units were 

feasible and economic. 

98 See, e.g., Potomac Economics, 2015 State of the Market Report for the MISO 

Electricity Markets at 33 (June 2016). 
Docket No. RM17-3-000 - 31 -

42. Accordingly, we preliminarily find that, based on experience with existing 

RTO/ISO fast-start pricing practices, some forms of fast-start pricing may result in prices 

that fail to reflect the marginal cost of production in intervals when fast-start resources

are needed to serve load. As a result, prices in RTO/ISO energy markets in some periods 

may not reflect the value that fast-start resources provide. As a result, over the long run, 

prices in RTO/ISO energy markets may fail to reflect the need for fast-start resources and 

thus fail to provide appropriate incentives for investment. 

43. We also preliminarily find that existing RTO/ISO fast-start pricing could create 

unnecessary uplift payments. For example, when prices do not sufficiently reflect a

marginal fast-start resource’s commitment cost, the resource must be compensated 

through out-of-market uplift payments. Compensating resources through uplift payments 

is less transparent than compensating resources through market clearing prices that reflect 

the marginal cost of production, which could be based on the costs of a fast-start 

resource. Additionally, uplift payments are often allocated more broadly, which can 

mute the investment signals provided by prices over longer time periods, therefore 

inhibiting efficient market entry and exit. In addition, resources with costs below the 

market-clearing price may also have a lower financial incentive to perform at times when 
Docket No. RM17-3-000 - 32 -

fast-start resources typically operate, such as during stressed system conditions, when the 

performance of all resources is particularly important.99

D. Commission Proposal

44. To remedy the potentially unjust and unreasonable rates caused by existing 

RTO/ISO fast-start pricing practices, we propose, pursuant to section 206 of the Federal 

Power Act,100 to establish a set of fast-start pricing requirements in RTOs/ISOs. These 

requirements would ensure RTO/ISO day-ahead and real-time markets more accurately 

reflect the marginal costs of operating fast-start resources. Specifically, we propose to 

require each RTO/ISO to establish the following set of requirements for its fast-start 

pricing: (1) apply fast-start pricing to any resource committed by the RTO/ISO that is 

able to start up within ten minutes, has a minimum run time of one hour or less, and 

that submits economic energy offers to the market; (2) incorporate commitment costs, 

i.e., start-up and no-load costs, of fast-start resources in energy and operating reserve 

prices; (3) modify fast-start pricing to relax the economic minimum operating limit of 

fast-start resources and treat them as dispatchable from zero to the economic maximum 

operating limit for the purpose of calculating prices; (4) if the RTO/ISO allows offline 

fast-start resources to set prices for addressing certain system needs, the resource must be 

 99 Settlement Intervals and Shortage Pricing in Markets Operated by Regional 

Transmission Organizations and Independent System Operators, Order No. 825, FERC 

Stats. & Regs. ¶ 31,384, at P 58 & n.99 (2016).

100 16 U.S.C. 824e (2012).
Docket No. RM17-3-000 - 33 -

feasible and economic; and (5) incorporate fast-start pricing in both the day-ahead and 

real-time markets. We seek comment on each of these proposals.

45. We expect that the proposed reforms will remedy current RTO/ISO fast-start 

pricing practices that potentially lead to unjust and unreasonable rates and will provide 

benefits that are consistent with the goals of the Commission’s price formation initiative. 

For instance, the proposed reforms are intended to more accurately reflect the marginal 

cost of production in periods when a fast-start resource is the marginal resource and 

provide price signals that better inform investment decisions, including where and when 

fast-start resources should be built or maintained. The proposed reforms will also benefit 

markets by providing more accurate and transparent price signals that better reflect the 

actual marginal cost of serving load and reduce uplift. 

1. Fast-Start Resource Definitions and Resource Eligibility 

46. In order to establish consistent treatment for fast-start resources across RTOs/ISOs 

and ensure that prices appropriately reflect the cost of serving load, we propose to require 

that each RTO/ISO must define fast-start resources as resources that meet the following 

performance requirements:101 (1) are able to start up within ten minutes or less; (2) have 

a minimum run time of one hour or less; and (3) submit economic energy offers to the 

market, i.e., not self-scheduling energy. We preliminarily find that this definition of faststart resources will address the deficiencies in current RTO/ISO fast-start pricing 

 101 RTOs/ISOs would need to routinely assess a resource’s currently effective 

parameters and status prior to conferring fast-start pricing eligibility.
Docket No. RM17-3-000 - 34 -

practices that limit the eligibility of certain fast-start resources to set prices.102 In 

addition, any resource, regardless of technology type, that meets the above definition 

would qualify as a fast-start resource and would then be covered by the fast-start pricing 

requirements, as defined further herein. 

47. We preliminarily find that it is appropriate to include both dispatchable fast-start 

resources and block-loaded fast-start resources in the definition of a fast-start resource, 

as is done in ISO-NE and MISO. That is, some fast-start resources are committed and 

dispatched to an output level equal to the resource’s economic minimum operating limit 

that is lower than the resource’s economic maximum operating limit. Such a resource 

would not be eligible to set prices in all circumstances and would therefore create the 

same concerns we have regarding block-loaded fast-start resources. Further, if only 

block-loaded fast-start resources are included in the definition, as is done in CAISO and 

NYISO, certain resources could have the incentive to restrict the operating range in their 

energy supply offers.103 Moreover, it appears that a variety of technologies beyond 

conventional generation can and should be eligible for dispatch under fast-start pricing. 

For example, both MISO and ISO-NE allow certain demand response resources to set 

 102 See supra section II.C. We understand that this proposed definition of fast-start 

resource could require changes to previously approved RTO/ISO pricing practices. 

However, as discussed further below, we seek comment on this proposed definition, and 

will consider these comments in the development of any Final Rule in this proceeding. 

103 For example, if only block-loaded fast-start resources are eligible for fast-start 

pricing, some resources may have an incentive to reduce their dispatchable range, which 

could lead to inefficient results, such as a reduction in system flexibility.
Docket No. RM17-3-000 - 35 -

prices under their fast-start pricing.104 Given that a variety of resources could be the last 

resource dispatched to serve load (i.e., the marginal resource), we propose to use the 

performance requirements noted earlier to define fast-start resources, rather than specific 

technological characteristics. 

48. We seek comment on this proposed definition of fast-start resources. For 

example, we seek comment on whether the definition of fast-start resources should

include resources that have start-up times of greater than ten minutes. Similarly, we seek 

comment on whether the definition of fast-start resources should include resources with 

minimum run times of longer than one hour. We also seek comment on whether there are 

other characteristics that should be included in the definition of fast-start resources. 

Additionally, we seek comment on any additional tariff changes that may be necessary to 

implement the reforms proposed herein. Finally, we seek comment on whether this 

proposed definition should instead define minimum standards for each operating 

characteristic necessary to be considered a fast-start resource, to, among other things, 

allow regional variation. 

 104 MISO, FERC Electric Tariff, Schedule 29A, ELMP for Energy and Operating 

Reserve Market: Ex-Post Pricing Formulations (40.0.0); ISO-NE, Transmission, Markets 

and Services Tariff, Market Rule 1, § III.2.4 (19.0.0). 
Docket No. RM17-3-000 - 36 -

2. Inclusion of Start-up and No-load Costs in Prices

49. We propose to require RTOs/ISOs to allow fast-start resources’ commitment 

costs, i.e., start-up and no-load costs, 105 to be reflected in prices. Specifically, we 

propose to require that, in the pricing run, each RTO/ISO determine prices by calculating 

an enhanced energy offer for each fast-start resource that includes not just the 

incremental energy offer but also incorporates start-up and no-load costs. Specifically, 

the enhanced energy offer should include the following components: (1) the incremental 

energy offer; (2) the amortized start-up cost; and (3) an amortized portion of the no-load 

cost, as described below. The enhanced energy offer can only be used to set prices 

during the resource’s minimum run time, as discussed further below. 

50. To incorporate a fast-start resource’s start-up and no-load costs into prices, we 

propose to define specific formulations. Recognizing that commitment costs may be 

determined in different ways in RTOs/ISOs, these proposals are not intended to alter how 

a resource’s start-up and no-load costs are calculated. To incorporate a fast-start 

resource’s start-up cost into prices, we propose to define a resource’s amortized start-up 

cost as equal to its start-up cost divided by the product of its economic maximum 

operating limit and minimum run time. To determine the portion of a fast-start resource’s 

no-load costs that is reflected in prices, we propose to define the amortized no-load cost 

as the no-load cost divided by the resource’s economic maximum operating limit. For 

 105 No-load costs are the theoretical costs in $/hour for operating a resource at zero 

MW output.
Docket No. RM17-3-000 - 37 -

both amortized start-up and no-load costs, we propose to accept any mathematically 

equivalent formula.106

51. We preliminarily find that given the unique operating characteristics of fast-start 

resources, their commitment costs, i.e., start-up and no-load costs, should be viewed as 

marginal costs and, as such, should be included in prices. The Commission previously 

accepted MISO’s ELMP methodology, which allows commitment costs to affect prices. 

There, the Commission found that incorporating the commitment costs of fast-start 

resources in prices leads to prices that better reflect the costs of committing and 

dispatching resources.107 Moreover, incorporating a fast-start resource’s start-up and noload costs would ensure that prices reflect the actual marginal cost of production and will 

thus reduce uplift. 

52. As noted above, we propose that the enhanced energy offer can only be used to set 

prices during the resource’s minimum run time. While it could be argued that 

commitment costs for fast-start resources are still marginal costs of operating the system 

even beyond a fast-start resource’s minimum run time, attempting to amortize start-up 

costs beyond the minimum run time is problematic from a practical standpoint, 

specifically in the real-time market. This is because, after the minimum run time is 

 106 For instance, the RTO/ISO could introduce a fractional commitment variable 

for fast-start resources within the market pricing algorithm. Adding such a variable 

provides an additional option of introducing a portion of the capability of a resource in 

the solution while adding only an equivalent fraction of the amortized commitment cost. 

107 Midwest Indep. Transmission Sys. Operator, Inc., 140 FERC ¶ 61,067 at P 39. 
Docket No. RM17-3-000 - 38 -

completed, the unit commitment algorithm may decommit the fast-start resource if it is 

no longer economic, making the total run time unknown. When the actual run time of the 

fast-start resource is unknown, it is difficult to define an appropriate period over which to 

amortize that resource’s start-up cost. Given that the resource must operate for no less 

than its minimum run time, we believe that amortizing a fast-start resource’s commitment 

costs during this period represents a reasonable approach.108 

53. We seek comment on the proposal to include a fast-start resource’s start-up and 

no-load costs as marginal costs. We also seek comment on whether to amortize 

commitment costs for the purpose of calculating prices, and the proposed formulas to 

amortize these costs. In particular, we understand that the amortization period for 

commitment costs acts as a proxy for the timeframe over which the committed fast-start 

resource is likely to be marginal. Therefore, we seek comment on whether there are 

better or alternative timeframes over which commitment costs for fast-start resources 

should be amortized. We also specifically seek comment on whether the economic 

maximum operating limit is the appropriate value to use when amortizing start-up and 

no-load costs or whether another capacity value may be more appropriate. 

3. Relaxation of Economic Minimum Operating Limit

54. We propose to require RTOs/ISOs, in the pricing run, to relax to zero each faststart resource’s economic minimum operating limit, thereby treating these resources as 

 108 This proposal does not address RTOs/ISOs including no-load costs in prices 

beyond a fast-start resource’s minimum run time.
Docket No. RM17-3-000 - 39 -

fully dispatchable for the purpose of calculating prices. Relaxing the economic minimum 

operating limit of a fast-start resource to zero will permit an inflexible or mostly 

inflexible fast-start resource to be treated as dispatchable by the RTO/ISO market 

software during the pricing run. The purpose of this proposal is to enable a fast-start 

resource to set the market clearing price if it is, indeed, the marginal unit needed to serve 

load. Additionally, RTOs/ISOs must ensure that they sufficiently address overgeneration concerns. Specifically, each RTO/ISO must ensure that physical dispatch 

instructions to resources do not result in over-generation and must have market rules that 

address the potential for over-generation due to deviations from dispatch instructions. As 

noted above, RTOs/ISOs with fast-start pricing already use penalties and/or opportunity 

cost payments to ensure that resources adhere to scheduled dispatch instructions.

109 We 

propose that, as part of its compliance filing to any Final Rule, each RTO/ISO should

either demonstrate that its current practices meet the requirements established here to 

address over-generation, or propose additional tariff changes to do so. 

55. We seek comment on whether there are challenges associated with relaxing the

economic minimum operating limit for the pricing run. We also seek comment on any 

over-generation concerns, such as whether over-generation can be managed through 

penalties for deviations, opportunity cost payments, or other existing mechanisms. 

 109 See supra section II.A; MISO, FERC Electric Tariff, § 40.3.4 (33.0.0) (charges 

for excessive or deficient energy deployment); ISO-NE, Transmission, Markets and 

Services Tariff, Market Rule 1, § III.F.2.3.10 (24.0.0) (lost opportunity cost credit for 

resources displaced by fast-start resources).
Docket No. RM17-3-000 - 40 -

Additionally, we seek comment on alternative methods to treat fast-start resources as 

fully dispatchable for the purpose of calculating prices.

4. Offline Fast-Start Resources

56. Allowing offline fast-start resources to set prices can better reflect the cost of 

providing energy at a given location or of meeting reserve requirements. For instance, 

if the real-time dispatch algorithm optimizes spinning reserve110 supply among online 

resources and these online resources are not sufficient to meet the RTO’s/ISO’s spinning 

reserve requirements, the dispatch algorithm will determine there is a shortage of 

spinning reserve and implement the appropriate shortage pricing. However, in such 

circumstances, while online resources may not be sufficient to meet spinning reserve 

requirements, there may be offline fast-start resources that can quickly provide energy 

in the same time frame as spinning reserve. If RTOs/ISOs do not adequately consider 

all resources that are available to meet system needs, including fast-start resources that 

are offline, this may result in the use of administrative pricing or other measures 

(e.g., committing additional resources) that are less economically efficient because they 

do not reflect the availability of less expensive fast-start resources that could resolve the 

issue and thus result in higher overall system costs. Allowing RTOs/ISOs to include 

offline fast-start resources may have benefits; however, we do not propose to require that 

 110 Spinning reserve refers to reserve capacity that is online and synchronized to 

the system and is ready to meet electric demand within ten minutes of a dispatch 

instruction by an RTO/ISO.
Docket No. RM17-3-000 - 41 -

all RTOs/ISOs allow offline resources to set prices. Instead, we propose to establish 

certain requirements for those RTOs/ISOs that choose to allow offline fast-start resources 

to set prices. 

57. While allowing offline fast-start resources to set prices can be beneficial, it is 

imperative that the offline resources actually be feasible (i.e., able to start quickly) and 

economic for addressing certain system needs.111 For example, an offline fast-start 

resource that has not reached its minimum down time would not actually be able to start 

to remedy a transmission constraint violation, energy shortage, or reserve shortage. Such 

an offline fast-start resource is not a feasible option to resolve the system issue and 

should not be allowed to set prices. Further, if online resources were not able to meet an 

RTO’s/ISO’s spinning reserve requirement, the dispatch algorithm would calculate the 

price based on an applicable shortage price. However, if offline fast-start resources are 

considered, there may be an offline fast-start resource that can be used to meet the 

spinning reserve requirement at a price lower than the shortage price. If, for example, 

the shortage price for spinning reserve was $80/MWh, it would only be economic to 

allow a fast-start resource to set prices if the full cost to operate the resource was less 

than $80/MWh. To accurately reflect the full cost of operating the fast-start resource, 

its offer would need to include start-up costs and no-load costs (amortized over a certain 

 111 See Order No. 825, FERC Stats. & Regs. ¶ 31,384 at P 168 (“. . . we agree with 

Potomac Economics that if an RTO’s/ISO’s pricing model allows infeasible or 

uneconomic units to set prices, the offline units represent an artificial increase in realtime supply that will depress real-time prices.”).
Docket No. RM17-3-000 - 42 -

timeframe and capacity value). If the offline fast-start resource set prices at a level that 

did not reflect its full cost of operation, the resulting prices could be inefficiently low. 

For instance, if the offline fast-start resource set the spinning reserve price based on an 

offer that included only its incremental energy cost of $75/MWh, the resource would be 

setting the spinning reserve price, even though, if its full cost of operation was 

considered, it may not be more economic than establishing the shortage price of 

$80/MWh. 

58. We propose to allow offline fast-start resources to be eligible to set prices if the 

resource is feasible and economic. As a threshold requirement, an offline fast-start 

resource may only be used to set prices (1) during a transmission constraint violation; 

or (2) if energy or ancillary service shortage conditions exist. Transmission constraint 

violations are defined as any instance where a transmission constraint is exceeded 

because the cost of redispatching resources to resolve the constraint is greater than the 

penalty factor associated with that constraint.112 Energy or ancillary service shortage 

conditions are defined as any instance where prices for energy or ancillary services are 

calculated using administrative prices as defined in the RTO’s/ISO’s tariff. To be 

considered feasible, we propose that an offline fast-start resource must meet the 

following criteria: (1) have a start-up time of ten minutes or less; (2) have a generation

shift factor of no less than 5 percent on the applicable transmission constraint that is 

 112 See Comments of Potomac Economics, Docket No. AD14-14-000, at 20 

(Feb. 24, 2015).
Docket No. RM17-3-000 - 43 -

being exceeded; and (3) must not have any operational constraints that would prevent the 

resource from starting and providing energy.113 We preliminarily find that a start-up time 

of ten minutes or less will ensure that offline fast-start resources are feasible to address 

transmission constraint violations or reserve shortages in a timeframe that is consistent 

with applicable facility ratings and contingency reserve deployment periods. Similarly, 

we preliminarily find that requiring a generation shift factor of no less than 5 percent will 

ensure that an offline fast-start resource used to set price during a transmission constraint 

violation can actually relieve the constraint if started. This minimum generation shift 

factor is similar to the threshold used in MISO, which is 6 percent.114 To be considered 

economic, the RTO/ISO’s fast-start pricing must consider the full cost of an offline faststart resource, including its amortized start-up and no-load costs. The offline fast-start 

resource’s full cost must be less than the administrative shortage price for the shortage or 

transmission constraint violation the resource is resolving. 

59. We seek comment on the proposal to reflect the costs of offline fast-start resources 

in prices in certain circumstances. Specifically, we seek comment on whether we should 

establish a standard amortization period for the commitment costs of offline fast-start 

resources for all RTOs/ISOs, similar to online fast-start resources, or whether RTOs/ISOs 

 113 For example, the resource cannot be within its minimum down time and must 

not be prevented from starting due to environmental restrictions, fuel use restrictions, or 

other operational restrictions. 

114 MISO, FERC Electric Tariff, Schedule 29A, ELMP for Energy and Operating 

Reserve Market: Ex-Post Pricing Formulations (40.0.0), §§ II.B, III.B. 
Docket No. RM17-3-000 - 44 -

should be allowed to propose an amortization period on compliance. To determine a 

resource’s full cost for the purpose of pricing, RTOs/ISOs could amortize a resource’s 

costs over a particular time period. We also seek input on any additional rules for offline 

fast-start resources to ensure they will respond in time to meet the system needs beyond 

requiring that they be feasible and economic for addressing system needs. We also seek 

comment on the market conditions under which offline fast-start resources should be able 

to set prices (e.g., transmission constraint violations, energy or operating reserve 

shortages).

5. Day-Ahead and Real-Time Market Consistency

60. We propose to require RTOs/ISOs to incorporate fast-start pricing in both the dayahead and real-time markets. We preliminarily find that doing so provides a more 

accurate price signal in the day-ahead market and supports price convergence between 

the day-ahead and real-time markets. 

61. As discussed above, fast-start resources are frequently used to quickly respond to 

real-time system conditions. However, under certain market conditions, such as high 

day-ahead demand or persistent congestion patterns, fast-start resources may 

economically clear the day-ahead market. For reasons similar to the ones discussed 

above, we believe that when these resources economically clear the market, market prices 

should reflect the marginal cost of these resources. By allowing fast-start resources to set 

prices, RTO/ISO markets will send a transparent price signal that more accurately reflects 

marginal costs. 
Docket No. RM17-3-000 - 45 -

62. We further preliminarily find that requiring consistent pricing practices in both the 

day-ahead and real-time markets will lead to better price convergence, and therefore we 

believe these benefits merit implementation of fast-start pricing in both the day-ahead and 

real-time markets. Absent consistent pricing in both the day-ahead and real-time 

markets, day-ahead and real-time market prices may be different even under similar 

market conditions. For example, the day-ahead and real-time markets in ISO-NE could 

produce different energy prices even under identical market conditions because the dayahead market does not incorporate the commitment costs of fast-start resources in energy 

prices.

63. We seek comment on the proposal to incorporate consistent fast-start pricing in 

both day-ahead and real-time markets. Specifically, we acknowledge that 

implementation in the day-ahead market may have a smaller benefit given that most faststart resources clear in the real-time market, and we thus seek comment on the extent to 

which there are benefits or drawbacks to applying the proposed reforms to both the dayahead and real-time markets, as opposed to only the real-time markets. Further, we seek 

comment on whether there are any reasons for establishing different fast-start pricing 

practices in the day-ahead and real-time markets. In particular, we seek comment on 

including commitment costs in the day-ahead market given different forecast, 

optimization, and commitment time horizons than the real-time market, where fast-start 

units can have brief dispatch periods to meet system needs. 
Docket No. RM17-3-000 - 46 -

6. Additional Comments Sought on This Proposal 

64. We seek comment on the need for reform and on the five proposals outlined 

above.115 We also seek comment on whether allowing fast-start resources to set prices 

could result in the exercise of market power. For example, the concentrated ownership of 

fast-start resources could raise market power concerns that are not addressed in existing 

RTO/ISO market power mitigation procedures.116

65. We recognize the potential that the proposed reforms may require significant 

changes to RTO/ISO software systems, which can be a complex and costly 

endeavor. We seek comment on the required software changes, updates to optimization 

modeling and parameter inputs, estimated costs and time necessary to implement aspects 

of the reforms proposed in this NOPR, and any additional considerations for 

implementing the requirements proposed herein.

 115 These five proposals are: (1) an RTO/ISO must apply fast-start pricing to any 

resource committed by the RTO/ISO that is able to start up within ten minutes, has a 

minimum run time of one hour or less, and that submits economic energy offers to the 

market; (2) an RTO/ISO should incorporate commitment costs of fast-start resources in 

energy and operating reserve prices; (3) an RTO/ISO must modify its fast-start pricing to 

relax the economic minimum operating limit of fast-start resources and treat them as 

dispatchable from zero to the economic maximum operating limit for the purpose of 

calculating prices; (4) if an RTO/ISO allows offline fast-start resources to set prices for 

addressing certain system needs, the resource must be feasible and economic; and (5) an 

RTO/ISO must incorporate fast-start pricing in both the day-ahead and real-time markets.

116 Such procedures could include any procedures or conduct and impact tests that 

provide offer and physical operating parameter mitigation for economic withholding, 

physical withholding, or out-of-market commitment.
Docket No. RM17-3-000 - 47 -

III. Compliance

66. We propose to require that each RTO/ISO submit a compliance filing within 

90 days of the effective date of any eventual Final Rule in this proceeding to demonstrate 

that it meets the proposed requirements set forth in any Final Rule. We note that this 

compliance deadline is for RTOs/ISOs to submit proposed tariff changes or otherwise 

demonstrate compliance with any Final Rule. We understand that implementing the 

reforms required by any Final Rule in this proceeding may be a complex endeavor. 

However, we preliminarily find that implementation of these reforms is important to 

ensure rates remain just and reasonable. Therefore, we propose that tariff changes filed 

in response to a Final Rule in this proceeding must become effective no more than 

six months after compliance filings are due. We seek comment on this proposed 

compliance timeline. 

67. We seek comment on the proposed deadline for RTOs/ISOs to submit the 

compliance filing 90 days following the effective date of any Final Rule in this 

proceeding. Specifically, we seek comment on whether 90 days is sufficient time for 

RTOs/ISOs to develop new tariff language in response to any Final Rule.

68. To the extent that any RTO/ISO believes that it already complies with the reforms 

proposed in this NOPR, the RTO/ISO would be required to demonstrate how it complies 

in the compliance filing required 90 days after the effective date of any Final Rule in this 

proceeding. To the extent that any RTO/ISO seeks to argue on compliance that its
Docket No. RM17-3-000 - 48 -

existing market rules are consistent with or superior to the reforms adopted in any Final 

Rule, the Commission will entertain those at that time.117 

IV. Information Collection Statement

69. The Paperwork Reduction Act (PRA)118 requires each federal agency to seek and 

obtain Office of Management and Budget (OMB) approval before undertaking a 

collection of information directed to ten or more persons or contained in a rule of general 

applicability. OMB regulations119 require approval of certain information collection 

requirements imposed by agency rules. Upon approval of a collection of information, 

OMB will assign an OMB control number and an expiration date. Respondents subject 

to the filing requirements of an agency rule will not be penalized for failing to respond to 

the collection of information unless the collection of information displays a valid OMB 

control number.

70. The reforms proposed in this NOPR would amend the Commission’s regulations 

to improve the operation of organized wholesale electric power markets operated by 

RTOs/ISOs. The Commission proposes to require each RTO and ISO implement market 

 117 See, e.g., Order No. 825, FERC Stats. & Regs. ¶ 31,384 at P 72; Demand 

Response Compensation in Organized Wholesale Energy Markets, Order No. 745, FERC 

Stats. & Regs. ¶ 31,322, at P 4 & n.7, order on reh’g and clarification, Order No. 745-A, 

137 FERC ¶ 61,215 (2011), reh’g denied, Order No. 745-B, 138 FERC ¶ 61,148 (2012), 

vacated sub nom. Elec. Power Supply Ass’n v. FERC, 753 F.3d 216 (D.C. Cir. 2014), 

rev’d & remanded sub nom. FERC v. Elec. Power Supply Ass’n, 136 S. Ct. 760 (2016).

118 44 U.S.C. 3507(d).

119 5 CFR 1320.
Docket No. RM17-3-000 - 49 -

rules that meet certain requirements when pricing fast-start resources. The reforms 

proposed in this NOPR would require one-time filings of tariffs with the Commission and 

potential software upgrades to implement the reforms proposed in this NOPR. The 

Commission anticipates the reforms proposed in this NOPR, once implemented, would 

not significantly change currently existing burdens on an ongoing basis. With regard to 

those RTOs/ISOs that believe that they already comply with the reforms proposed in 

this NOPR, they could demonstrate their compliance in the compliance filing required 

90 days after the effective date of any Final Rule in this proceeding. The Commission 

will submit the proposed reporting requirements to OMB for its review and approval 

under section 3507(d) of the Paperwork Reduction Act.120 

71. While the Commission expects the adoption of the reforms proposed in this NOPR 

to provide significant benefits, the Commission understands implementation can be a 

complex endeavor. The Commission solicits comments on the accuracy of provided 

burden and cost estimates and any suggested methods for minimizing the respondents’ 

burdens, including the use of automated information techniques. Specifically, the 

Commission seeks detailed comments on the potential cost and time necessary to 

implement aspects of the reforms proposed in this NOPR, including (1) hardware, 

software, and business processes changes; and (2) processes for RTOs/ISOs to vet 

proposed changes amongst their stakeholders.

 120 44 U.S.C. 3507(d) (2012).
Docket No. RM17-3-000 - 50 -

72. Burden Estimate121: The Commission believes that the burden estimates below 

are representative of the average burden on respondents, including necessary 

communications with stakeholders. The estimated burden and cost for the requirements 

contained in this NOPR follow.122

 121 Burden means the total time, effort, or financial resources expended by persons 

to generate, maintain, retain, disclose, or provide information to or for a federal agency, 

including: “. . . (ii) Developing, acquiring, installing, and utilizing technology and 

systems for the purpose of collecting, validating, and verifying information; 

(iii) Developing, acquiring, installing, and utilizing technology and systems for the 

purpose of processing and maintaining information; (iv) Developing, acquiring, 

installing, and utilizing technology and systems for the purpose of disclosing and 

providing information . . . .” 5 C.F.R. § 1320.3(b)(1) (2016). The time, effort, and 

financial resources necessary to comply with a collection of information that would be

incurred by persons in the normal course of their activities (e.g., in compiling and 

maintaining business records) will be excluded from the “burden” if the agency 

demonstrates that the reporting, recordkeeping, or disclosure activities needed to comply 

are usual and customary.

122 For this information collection, the Commission staff estimates that industry 

is similarly situated in terms of hourly cost (wages plus benefits). Based on the 

Commission’s average cost (wages plus benefits) for 2016, the Commission is using 

$74.50/hour.
Docket No. RM17-3-000 - 51 -

Number of 

Responden

ts

(1)

Annual 

Number 

of 

Respons

es per 

Respon

dent

(2)

Total 

Numb

er of 

Respo

nses 

(1)*(2

)=(3)

Average 

Burden 

Hours & 

Cost Per 

Response

123

(4)

Total 

Annual 

Burden 

Hours & 

Total 

Annual 

Cost

(3)*(4)=(5)

Cost per 

Respondent

($)

(5)÷(1)

Tariff filing 

costs

6 1 6 80 hours, 

$5,920

480 hours, 

$35,520

Implementa

tion costs

6 1 6 3,853 

hours, 

$285,122

23,118 

hours, 

$1,710,732

TOTAL 

(one-time 

in Year 1)

3,933 

hours, 

$291,042

23,598 

hours, 

$1,746,252

$291,042

Cost to Comply: The Commission has projected the total cost of compliance, all within 

six months of a Final Rule plus initial implementation, to be $1,746,252. After Year 1, 

the reforms proposed in this NOPR, once implemented, would not significantly change 

existing burdens on an ongoing basis. 

Title: FERC-516E, NOPR in RM17-3.

Action: Proposed revisions to an information collection.

OMB Control No.: TBD.

Respondents for this Rulemaking: RTOs and ISOs. 

 123 The Commission staff anticipates that the average respondent for this collection 

is similarly situated to the Commission, in terms of salary plus benefits. Based upon 

FERC’s 2016 annual average of $154,647 (for salary plus benefits), the average hourly 

cost is $74.50/hour.
Docket No. RM17-3-000 - 52 -

Frequency of Information: One-time during year one. 

Necessity of Information: The Commission proposes this rule to improve competitive 

wholesale electric markets in the RTO and ISO regions.

Internal Review: The Commission has reviewed the proposed changes and has 

determined that the changes are necessary. These requirements conform to the 

Commission’s need for efficient information collection, communication, and 

management within the energy industry. The Commission has assured itself, by means of 

internal review, that there is specific, objective support for the burden estimates 

associated with the information collection requirements.

65. Interested persons may obtain information on the reporting requirements by 

contacting the following: Federal Energy Regulatory Commission, 888 First Street, NE, 

Washington, DC 20426 [Attention: Ellen Brown, Office of the Executive Director], e 

mail: DataClearance@ferc.gov, Phone: (202) 502-8663, fax: (202) 273-

0873.Comments on the collection of information and the associated burden estimate in 

the proposed rule should be sent to the Commission in this docket and may also be sent to

the Office of Information and Regulatory Affairs, Office of Management and Budget, 

725 17th Street, NW, Washington, DC 20503 [Attention: Desk Officer for the Federal 

Energy Regulatory Commission], at the following e-mail address: 

oira_submission@omb.eop.gov. Please refer to Docket No.: RM17-3, FERC-516E, 

OMB Control No. 1902- 0286 in your submission.
Docket No. RM17-3-000 - 53 -

V. Environmental Analysis

73. The Commission is required to prepare an Environmental Assessment or an 

Environmental Impact Statement for any action that may have a significant adverse effect 

on the human environment.124 We conclude that neither an Environmental Assessment 

nor an Environmental Impact Statement is required for this NOPR under 

section 380.4(a)(15) of the Commission’s regulations, which provides a categorical 

exemption for approval of actions under sections 205 and 206 of the FPA relating to the 

filing of schedules containing all rates and charges for the transmission or sale of electric 

energy subject to the Commission’s jurisdiction, plus the classification, practices, 

contracts and regulations that affect rates, charges, classifications, and services.125

VI. Regulatory Flexibility Act 

74. The Regulatory Flexibility Act of 1980 (RFA)126 generally requires a description 

and analysis of proposed rules that will have significant economic impact on a substantial 

number of small entities. The RFA mandates consideration of regulatory alternatives that 

accomplish the stated objectives of a rule and that minimize any significant economic 

impact on a substantial number of small entities. The Small Business Administration’s 

 124 Regulations Implementing the National Environmental Policy Act of 1969, 

Order No. 486, FERC Stats. & Regs. ¶ 30,783 (1987).

125 18 C.F.R. 380.4(a)(15). 

126 5 U.S.C. 601-12.
Docket No. RM17-3-000 - 54 -

(SBA) Office of Size Standards develops the numerical definition of a small business.127

These standards are provided on the SBA website.128 

75. The SBA classifies an entity as an electric utility if it is primarily engaged in 

the transmission, generation and/or distribution of electric energy for sale. Under this 

definition, the six RTOs/ISOs are considered electric utilities, specifically focused on 

electric bulk power and control. The size criterion for a small electric utility is 500 or 

fewer employees.129 Since every RTO/ISO has more than 500 employees, none are 

considered small entities.

76. Furthermore, because of their pivotal roles in wholesale electric power markets 

in their regions, none of the RTOs/ISOs meet the last criterion of the two-part RFA 

definition of a small entity: “not dominant in its field of operation.”130 As a result, we 

 127 13 C.F.R. 121.101.

128 U.S. Small Business Administration, Table of Small Business Size Standards 

Matched to North American Industry Classification System Codes (effective Feb. 26, 

2016), https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf. 

129 13 CFR 121.201 (Sector 22, Utilities).

130 The RFA definition of “small entity” refers to the definition provided in the 

Small Business Act, which defines a “small business concern” as a business that is 

independently owned and operated and that is not dominant in its field of operation. The 

Small Business Administration’s regulations at 13 CFR 121.201 define the threshold for 

a small Electric Bulk Power Transmission and Control entity (NAICS code 221121) 

to be 500 employees. See 5 U.S.C. 601(3) (citing to section 3 of the Small Business Act, 

15 U.S.C. 632).
Docket No. RM17-3-000 - 55 -

certify that the reforms required by this NOPR would not have a significant economic 

impact on a substantial number of small entities.

VII. Comment Procedures

77. The Commission invites interested persons to submit comments on the matters and 

issues proposed in this notice to be adopted, including any related matters or alternative 

proposals that commenters may wish to discuss. Comments are due [INSERT DATE 

60 days after publication in the FEDERAL REGISTER]. Comments must refer to 

Docket No. RM17-3-000, and must include the commenter's name, the organization they 

represent, if applicable, and their address in their comments.

78. The Commission encourages comments to be filed electronically via the eFiling 

link on the Commission's web site at http://www.ferc.gov. The Commission accepts 

most standard word processing formats. Documents created electronically using word 

processing software should be filed in native applications or print-to-PDF format and not 

in a scanned format. Commenters filing electronically do not need to make a paper 

filing.

79. Commenters that are not able to file comments electronically must send an 

original of their comments to: Federal Energy Regulatory Commission, Secretary of the 

Commission, 888 First Street NE, Washington, DC 20426.

80. All comments will be placed in the Commission’s public files and may be viewed, 

printed, or downloaded remotely as described in the Document Availability section 

below. Commenters on this proposal are not required to serve copies of their comments 

on other commenters.
Docket No. RM17-3-000 - 56 -

VIII. Document Availability

81. In addition to publishing the full text of this document in the Federal Register, 

the Commission provides all interested persons an opportunity to view and/or print the 

contents of this document via the Internet through the Commission’s Home Page 

(http://www.ferc.gov) and in the Commission’s Public Reference Room during normal 

business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A, 

Washington, DC 20426.

82. From the Commission’s Home Page on the Internet, this information is available 

on eLibrary. The full text of this document is available on eLibrary in PDF and 

Microsoft Word format for viewing, printing, and/or downloading. To access this 

document in eLibrary, type the docket number excluding the last three digits of this 

document in the docket number field.

83. User assistance is available for eLibrary and the Commission’s website during 

normal business hours from the Commission’s Online Support at (202) 502-6652 (toll 

free at 1-866-208-3676) or email at ferconlinesupport@ferc.gov, or the Public Reference 

Room at (202) 502-8371, TTY (202) 502-8659. E-mail the Public Reference Room at 

public.referenceroom@ferc.gov.
Docket No. RM17-3-000 - 57 -

List of subjects in 18 CFR Part 35

Electric Power Rates

Electric Utilities

By direction of the Commission.

Nathaniel J. Davis, Sr.,

Deputy Secretary.
Docket No. RM17-3-000 - 58 -

Regulatory Text

In consideration of the foregoing, the Commission proposes to amend Part 35, 

Chapter I, Title 18, Code of Federal Regulations, as follows: 

PART 35 – FILING OF RATE SCHEDULES AND TARIFFS 

1. The authority citation for part 35 continues to read as follows: 

Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-

7352. 

2. Amend § 35.28 as follows: 

Add a new paragraph (g)(10). 

§ 35.28 Non-discriminatory open access transmission tariff. 

* * * * * 

(g) * * * 

(10) Pricing fast-start resources. 

(i) Definition of fast-start resources. A fast-start resource is any resource that is able 

to start up within ten minutes or less, that has a minimum run time of one hour or less, 

and that submitted an economic energy offer to the market.

(ii) Application to both day-ahead and real-time markets. A Commission-approved 

independent system operator or regional transmission organization with a tariff that 

contains a day-ahead and a real-time market must implement the following requirements 
Docket No. RM17-3-000 - 59 -

in both the day-ahead and real-time markets. Implementation of the following 

requirements must be consistent between the day-ahead and real-time markets. 

(iii) Start-up and no-load costs. When a Commission-approved independent system 

operator or regional transmission organization makes a decision to commit a fast-start 

resource, it must calculate prices by determining a fast-start resource’s enhanced energy 

offer, which includes the following components: the resource’s incremental energy offer, 

amortized start-up cost, and amortized no-load cost. In using that offer to calculate prices 

for the real-time and day-ahead markets, each Commission-approved independent system 

operator and regional transmission organization must amortize a fast-start resource’s

start-up cost over the resource’s minimum run time and its economic maximum operating 

limit and must divide a fast-start resource’s no-load cost by the resource’s economic 

maximum operating limit, but are only required to do so during the resource’s minimum 

run time.

(iv) Relaxation of economic minimum operating limit. Each Commission-approved 

independent system operator and regional transmission organization must relax to zero 

each fast-start resource’s economic minimum operating limit such that the resource is 

able to be treated as fully dispatchable for purposes of calculating prices. Each 

Commission-approved independent system operator and regional transmission 

organization must ensure that physical dispatch instructions to resources do not result in 

over-generation and must have market rules that address the potential for over-generation 

due to deviations from dispatch instructions. 
Docket No. RM17-3-000 - 60 -

(v) Offline fast-start resources. If a Commission-approved independent system 

operator or regional transmission organization uses offline fast-start resources to calculate

prices, the resource must have a start-up time of ten minutes or less, must not have any 

operational constraints that would prevent the resource from starting and providing 

energy, and must set prices based on the resource’s amortized full cost, including start-up 

and no-load costs, which must be less than the administrative shortage price for the 

shortage or transmission constraint violation the resource is resolving. In addition, an 

offline fast-start resource used to resolve a transmission constraint violation must have a 

generation shift factor of no less than 5 percent on the applicable transmission constraint 

that is being exceeded. Each Commission-approved independent system operator and 

regional transmission organization may use an offline fast-start resource to calculate

prices only during a transmission constraint violation or during energy or ancillary 

service shortage conditions.
Docket No. RM17-3-000 - 61 -

The following appendix will not appear in the Code of Federal Regulations.

APPENDIX: List of Short Names/Acronyms of Commenters

Short Name/Acronym Commenter

CAISO California Independent System Operator 

Corporation

DC Energy, Inertia Power, and Vitol DC Energy, LLC, Inertia Power, LP, and 

Vitol Inc.

EEI Edison Electric Institute

EPSA Electric Power Supply Association

EPSA/IPPNY Electric Power Supply Association and 

Independent Power Producers of New 

York

EPSA/NEPGA Electric Power Supply Association and 

New England Power Generators 

Association, Inc.

EPSA/P3 Electric Power Supply Association and 

PJM Power Providers

EPSA/WPTF Electric Power Supply Association and 

Western Power Trading Forum

Entergy Entergy Services, Inc. commented on 

behalf of the Entergy Operating 

Companies (Entergy Arkansas, Inc.; 

Entergy Louisiana, LLC; Entergy 

Mississippi, Inc.; Entergy New Orleans, 

Inc.; and Entergy Texas, Inc.)

Exelon Exelon Corporation

Golden Spread Electric Golden Spread Electric Cooperative, Inc.

IMG Midstream/Tangibl IMG Midstream LLC and Tangibl LLC

ISO-NE ISO New England Inc.

LIPA Long Island Power Authority and Long 

Island Lighting Company d/b/a Power 

Supply Long Island

MISO Midcontinent Independent System 

Operator, Inc.

PJM Market Monitor Monitoring Analytics, LLC
Docket No. RM17-3-000 - 62 -

NYISO New York Independent System Operator, 

Inc.

PJM PJM Interconnection, L.L.C.

PSEG Companies PSEG Companies (Public Service Electric 

and Gas Company; PSEG Power LLC;

and PSEG Energy Resources & Trade 

LLC)

SPP Southwest Power Pool, Inc.

Westar Westar Energy, Inc.