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Commissioner Tony Clark Statement
May 9, 2016
Docket No. EL13-74-001 PDF

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Demand Response Supporters v. NYISO

“I concur in this order and agree in its finding that concerns regarding the compensation of the resources at issue here are outside the scope of this docket and constitute a collateral attack on Order No. 745. Yet I note, the mere fact that the argument is raised out-of-place does not make the concerns expressed over the Order No. 745 compensation regime any less valid or worthy of Commission attention in an appropriate venue.1

“For these reasons, I respectfully concur with this order.”


    1 See Commissioner Clark January 27, 2016 statement on the Supreme Courtís decision in FERC v. EPSA, 136 S. Ct. 760 (2016) (encouraging the Commission “to turn its attention towards a thorough assessment of the underpinnings of a compensation regime that continues to be widely panned by market experts”); Commissioner Clark April 1, 2016 concurrence in part in PJM Interconnection, L.L.C., 155 FERC ∂ 61,004 (2016) (urging PJM, other regional grid operators, and stakeholders to “expand work towards developing methodologies which find better insight into Demand Response and its particular attributes”).