Commissioner Richard Glick Statement
December 21, 2020
Docket Nos. ER18-1639-004, ER18-1639-005, ER18-1639-006
I dissented from the Commission’s July 2020 rehearing orders regarding Constellation Mystic Power, LLC’s (Mystic) cost-of-service contract because I believe that the weight of the evidence across the Commission’s New England fuel security proceedings shows that the retention of Mystic was aimed squarely at bailing out a liquefied natural gas import facility, the Everett Marine Terminal, thereby exceeding the Commission’s jurisdiction under the Federal Power Act.[1] Today’s order does nothing to challenge that conclusion. If anything, the order underscores the extent to which many of the issues that are nominally related to Mystic really are, first and foremost, questions about the operation of the non-jurisdictional Everett facility that Mystic was retained to support.[2] Accordingly, I dissent from today’s order not because I necessarily disagree with any of the specific determinations made herein, but because I continue to believe that the Commission exceeded its jurisdiction in the series of orders that brought us to this place.
For these reasons, I respectfully dissent.
[1] See Constellation Mystic Power, LLC, 172 FERC ¶ 61,043 (2020) (Glick, Comm’r, dissenting); Constellation Mystic Power, LLC, 172 FERC ¶ 61,044 (2020) (Glick, Comm’r, dissenting); Constellation Mystic Power, LLC, 172 FERC ¶ 61,045 (2020) (Glick, Comm’r, dissenting); see also Constellation Mystic Power, LLC, 165 FERC ¶ 61,267 (2018) (Glick, Comm’r, dissenting at 1) (raising similar concerns).
[2] See Constellation Mystic Power, LLC, 173 FERC ¶ 61,261, at PP 14-28 (2020).