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Commissioner Richard Glick Statement
April 10, 2019

Docket No. EL18-196-000 PDF

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Concurrence regarding RTO Insider LLC v. New England Power Pool Participants Committee

Although I agree that we lack jurisdiction over the NEPOOL rules at issue in this proceeding, I believe those rules are misguided. NEPOOL meetings address a broad range of important issues, including, among other things, the reliability of the electric grid, state policies for addressing climate change, and the integration of new technologies into the resource mix. The public and, by extension, the press have a legitimate interest in how NEPOOL, the entity charged with administering ISO New England’s stakeholder process, is considering these matters of public interest.

Although I appreciate NEPOOL’s concern about preserving a forum for candid discussion, I am troubled by NEPOOL’s apparent belief that closed-door meetings with no opportunity for public involvement or education through the press furthers the mission of the stakeholder process or the broader interests at play in these proceedings. To paraphrase Justice Louis Brandeis, sunlight is the best disinfectant 1 and it is hard for me to understand how barring public and press scrutiny will further NEPOOL’s mission or, ultimately, its legitimacy as the forum for considering how ISO New England’s actions affect its stakeholders. Rather than trying to hide their discussions from the public, NEPOOL and its members would be better served by permitting public and press attendance, so that all entities—including those that cannot spend the time or money needed to attend all NEPOOL meetings—can remain informed of the discussions regarding the important issues under NEPOOL’s purview. That result would lead to a more robust discussion of the issues and, ultimately, to better public policy.

For these reasons, I respectfully concur.

                                               

    1 Louis Brandeis, Other People’s Money 62 (1933) (“Sunlight is said to be the best of disinfectants.”).
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