Commissioner James Danly Statement
December 5, 2022
ER22-1200-002
I dissent from today’s order[1] because it continues to reject PJM Interconnection, L.L.C.’s (PJM) proposed revisions, pursuant to section 205 of the Federal Power Act (FPA),[2] to the PJM Open Access Transmission Tariff and the parallel provisions of the Amended and Restated Operating Agreement of PJM, to implement Intelligent Reserve Deployment in order to improve reliability and pricing. I write separately to highlight that I have previously explained[3] how the Commission erred in rejecting PJM’s just and reasonable proposal that sought to institute a coherent plan to address dispatch and pricing issues arising from reserve deployments during system emergencies. FPA section 205 provides utilities with a significant measure of discretion to order their affairs as they see fit. I am satisfied that PJM’s proposal fits within the range of acceptable tariff filings contemplated by the FPA.
For these reasons, I respectfully dissent.