Are resources that become commercial after February 1, 2009 treated as new or existing capacity?
If a new capacity resource intends to become commercial after February 1, 2009 it will be treated as new capacity in the first FCA in which it qualifies with one exception. The only exception to this rule occurs in the first FCA when a new capacity resource that becomes commercial after February 1, 2009 may elect to be treated as existing capacity. Such existing capacity is not subject to the Alternative Price Rule.