Commissioner James Danly Statement
May 10, 2021
Docket No. ER21-1624-000
I dissent from today’s order, as I do from all orders granting retroactive waivers, because the Commission has no legal authority to retroactively waive tariff provisions that are part of a public utility’s filed rate.[1] However, I am writing today to note my agreement with the concerns expressed by the Commission regarding the numerous retroactive waivers the Commission has been granting for PJM Interconnection, L.L.C.’s (PJM) interconnection queue deadlines. I fully support the Commission’s expressed encouragement to PJM to evaluate the problem and propose solutions that will decrease the need for such waivers going forward.
[1] See Sunflower Elec. Power Corp., 173 FERC ¶ 61,054 (2020) (Danly, Comm’r, dissenting at P 5).