Commissioner James Danly Statement
March 26, 2021
Docket No. ER21-1227-000
In today’s order, the Commission once again permits a retroactive change to a filed tariff without acknowledging that it is doing so. I dissent on three grounds, each of which has been more fully explained in my dissents to previous orders: (1) the Commission grants a retroactive waiver that violates the filed rate doctrine without providing any explanation as to why the Commission believes it is acting within its legal authority;[1] (2) by granting a retroactive waiver of an interconnection queue deadline, the Commission is interfering with PJM Interconnection, L.L.C.’s ability to effectively manage its interconnection queue;[2] and (3) the Commission assumes away the potential harm caused by the waiver, thereby effectively eliminating the harm to third parties prong of our waiver policy.[3]
For these reasons, I respectfully dissent.
[1] See Sunflower Elec. Power Corp., 173 FERC ¶ 61,054 (2020) (Danly, Comm’r, dissenting at P 5).
[2] See RRE Power LLC, 174 FERC ¶ 61,052 (2021) (Danly, Comm’r, dissenting at P 2).
[3] See Midcontinent Indep. Sys. Operator, Inc., 174 FERC ¶ 61,202 (2021) (Danly, Comm’r, dissenting at PP 5-6).