Commissioner James Danly Statement
March 1, 2021
Docket No. ER20-2919-000
The Commission’s order in this proceeding grants two waivers of the deadlines associated with the Review Period, Informal Challenges, and Final Posting associated with the Annual Update to Tri-State Generation and Transmission Association, Inc.’s (Tri-State) formula rate. One of the requested waivers was a prospective waiver of a deadline that had not yet occurred at the time of Tri-State’s filing. I concur with the Commission’s decision to grant that waiver for the reasons stated in the order.
The second request was for a retroactive waiver of a deadline that had passed prior to Tri-State’s filing. I dissent from the Commission’s decision to grant that waiver because it violates the filed rate doctrine, for reasons I have previously explained.[1] Instead, the Commission should have denied the waiver and then relied upon its authority under Federal Power Act section 309 to find that no action should be taken against Tri-State for its failure to apply its tariff deadline prior to the date of its filing.[2]
For these reasons, I respectfully concur in part and dissent in part.