Commissioner Richard Glick Statement
September 19, 2019
Docket No. 14805-001
I would grant rehearing and reinstate the preliminary permit. Island in the Sky Hydro has, in my opinion, adequately explained its failure to respond to Commission staff’s letter and, under the circumstances, I do not see the benefit to anyone of canceling its preliminary permit.
I also do not agree with the suggestion in today’s order that the Commission should overturn Commission staff’s determination only if it finds that there are extraordinary circumstances.1
I can perhaps appreciate a relatively high standard for granting rehearing if the Commission itself had issued the underlying order. But today’s order is the Commission’s first opportunity to address this issue. Under those circumstances, I believe that the Commission should take a fresh look on rehearing—akin to de novo review—and decide the issue using our best judgment rather than departing from Commission staff’s decision “only when warranted by extraordinary circumstances.”2
For these reasons, I respectfully dissent.