Commissioner James Danly Statement
June 2, 2022
Docket No. ER20-1718-003
I dissent in today’s order; however, I add the following:
[1] Because it approves a compliance filing submitted by the New York Independent System Operator, Inc. (NYISO) regarding prior approved unduly discriminatory tariff revisions to Part A of the mitigation test for its buyer-side market power mitigation rules. I have previously explained[2] how the Commission exceeded its authority in approving tariff revisions prohibited by section 205(b) of the Federal Power Act.[3] I will not repeat that discussion here except to say that there is no material, legitimate basis to justify NYISO’s discriminatory treatment prioritizing the evaluation of Public Policy Resources before non-Public Policy Resources, independent of any other consideration, including cost.
This is yet another unlawful order that should never have issued.
For these reasons, I respectfully dissent.