FERC Order 2023 Effective: June 12, 2024

ISO-NE Interconnection
Site Control Compliance

FERC Order 2023 introduced graduated site control thresholds for ISO New England's interconnection queue. Here's everything you need to navigate compliance across six states, the Forward Capacity Market, and unique New England land encumbrances — from application through commercial operation.

ISO-NE Site Control Thresholds by Stage

Under FERC Order 2023, ISO-NE requires increasing site control coverage at each queue milestone. Options count at full weight (1.0) through Feasibility Study, are discounted to 0.75 at System Impact Study, and are excluded entirely from Facilities Study onward.

Queue Stage Coverage Threshold Options Allowed Option Weight Encumbrance Policy
Pre-application0%Yes1.0Allow
Application90%Yes1.0Flag
Feasibility Study90%Yes1.0Flag
System Impact Study90%Yes0.75Disqualify
Facilities Study90%No0.0Disqualify
IA Execution100%No0.0Disqualify
Commercial Operation100%No0.0Disqualify

Eligible instruments at IA execution: fee simple, executed lease, easement, ROW agreement. Source: ISO-NE Tariff Schedule 22/23, FERC Order 2023 compliance filing.

For the full cross-RTO comparison, see FERC Order 2023 Thresholds by RTO and Stage.

What Changed for ISO-NE Under FERC Order 2023

Before: Serial Queue

  • • Site control verified at a single milestone
  • • No graduated thresholds across study phases
  • • Options treated the same as executed leases
  • • No formal encumbrance screening policy
  • • Queue backlog with speculative projects

After: FERC Order 2023 Queue

  • 90% coverage at application — options count at full weight through Feasibility
  • Option weight degrades — 0.75 at SIS, excluded at Facilities and beyond
  • Encumbrance escalation — flagged at application, disqualified at SIS onward
  • Forward Capacity Market alignment — instruments must remain valid through FCM obligation date
  • Six-state complexity — each state has unique siting, permitting, and land encumbrance rules

ISO-NE Queue Key Milestones

Application

Queue Entry — 90% Site Control Required

Deposits due, 90% coverage with options at full weight (1.0). Encumbrances flagged but not disqualified

Feasibility

Feasibility Study

90% coverage maintained. Options still count at 1.0 weight. Encumbrances flagged

SIS

System Impact Study — Option Weight Drops to 0.75

90% coverage required. Options now discounted to 0.75 weight. Encumbrances disqualified from this stage onward

Facilities

Facilities Study — Options Excluded

90% coverage required with executed instruments only. All options must be converted by this stage

IA Execution

Interconnection Agreement — 100% Required

100% site control with executed instruments only — no options. Must also satisfy FCM obligation date

COD

Commercial Operation

100% site control with fully executed instruments through operational life

ISO-NE Site Control Resources

Common ISO-NE Site Control Risks

Massachusetts Chapter 61/61A/61B Municipal ROFR

The most legally consequential encumbrance in New England. When land enrolled in Chapter 61, 61A (agricultural), or 61B (recreational) is converted to a new use, the municipality has 120 days to purchase the parcel at the conversion price. If exercised, the developer loses the parcel entirely. Land teams must verify Chapter 61 status on every Massachusetts parcel before closing site control.

Conservation Restriction Deeds

New England land trusts hold conservation restrictions on a significant share of rural parcels across all six states. These restrictions typically prohibit commercial development and cannot be overridden by lease agreements. Unlike mortgages that can be cured with SNDAs, conservation restrictions are permanent and disqualify the parcel from site control coverage.

Long State Siting Timelines — Vermont Act 248

Six New England states means six different regulatory and siting regimes. Vermont's Act 248 process through the Public Utility Commission can take 36+ months for utility-scale projects. A site control package that passes ISO-NE review can still stall if state permits aren't aligned with queue milestones. No BLM land exists in New England to simplify siting.

Options Expire Before IA Execution

ISO-NE's option weight degrades from 1.0 at Application to 0.75 at SIS, then to 0.0 at Facilities Study. Options must be converted to executed leases well before Facilities Study — not just before IA. Land teams relying on option-heavy portfolios need to begin conversions at Application to avoid coverage gaps when options are excluded.

Forward Capacity Market Obligation Alignment

ISO-NE's Forward Capacity Market (FCM) requires capacity resources to maintain site control through the FCM obligation date, which may extend beyond the interconnection agreement execution. Instruments that expire between IA and the FCM obligation date create a compliance gap that can jeopardize capacity supply obligations and trigger financial penalties.

Encumbrances Disqualify at SIS Onward

ISO-NE flags encumbrances at Application and Feasibility but disqualifies them from System Impact Study onward. Mortgages, liens, and conservation easements on leased parcels can silently drop coverage below 90%. SNDA agreements cure mortgages, but conservation restrictions cannot be cured and require parcel substitution.

Automate ISO-NE Site Control Compliance

Zonevex parses your lease PDFs, matches parcels to the project boundary, applies ISO-NE's stage-specific thresholds and option weight rules, and tells you exactly where your coverage stands — across all six New England states.

90%

Application threshold

90%

SIS threshold

100%

IA execution

5

Audit filters

Official ISO-NE Resources