Commissioner James Danly Statement
August 17, 2020
Docket Nos. ER20-1068-000, ER20-2100-000
I concur in the ruling in this case on the RTO Participation Adder and join in the rest of the order. I write separately to express my view that the issue set for hearing on the RTO Participation Adder is a legal question that likely could be resolved without a hearing. Although I would have ruled on that question now, I acknowledge that it is within the Commission’s discretion to set the matter for hearing instead.
Further, were I to join in Commissioner Glick’s dissent, that would cause a 2-2 split on The Dayton Power and Light Company’s request for the RTO Participation Adder. It would then go into effect by operation of law without further consideration of the legal question being set for hearing. By concurring in the decision to set the RTO Participation Adder for hearing, that outcome is avoided.
For these reasons, I respectfully concur in part.