Docket No. EC16-77-003
I concur with this rejection of the December 6, 2023 motion filed by the Attorneys General for the states of Utah, Indiana, Alabama, Alaska, Arkansas, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, South Dakota, Texas, and West Virginia (State AGs) as it is procedurally barred under the Federal Power Act (FPA).
I will note, however, that last month, in Docket No. AD24-6-000, the Commission issued a notice of inquiry seeking comment on the Commission’s policy on providing blanket authorizations for investment companies under FPA section 203(a)(2),[1] asking questions pertinent to the issues raised by the State AGs in their May 10, 2023 motion. The State AGs, along with other interested parties, may submit their views regarding the Commission’s FPA section 203(a)(2) blanket authorization policy, including how it has been applied, in that docket.
For these reasons, I respectfully concur.
[1] Fed. Power Act Sec. 203 Blanket Authorizations for Inv. Cos., Notice of Inquiry, 185 FERC ¶ 61,192 (2023).