The Bonneville Power Administration told federal energy regulators it has the right to curtail transmission access to wind farms during times when too much hydropower is being generated in the region.
BPA is asking the Federal Energy Regulatory Commission to throw out a complaint filed by wind farm owners in June that would force BPA to honor its transmission contracts. A lawsuit to recover alleged economic damages is a likely next step for the wind farm operators.
BPA adopted a policy this past spring that limits access to the grid by wind farms when hydro generation exceeds demand. Wind farm owners, including Iberdrola Renewables, are seeking an expedited decision to end the policy.
The complaint was filed with the FERC, citing violation of the Federal Power Act and regulatory policy.
"The policy is the most egregious example of BPA choosing to not play by the rules that apply to other transmission providers," said Don Furman, senior vice president of Iberdrola Renewables in a statement. "The Federal Power Act exists to prevent this kind of discrimination and enforce contracts for energy delivery.
"This is setting a dangerous precedent for the sanctity of contracts in the Pacific Northwest and the nation and will greatly jeopardize the development of renewable energy in the region," Furman said.
