Commissioner James Danly Statement
October 20, 2022
ER21-64-001
I dissent from this order rejecting Macquarie Energy LLC’s (Macquarie’s) request for rehearing of the Commission’s Mobile-Sierra determinations.[1] I dissented from the original order because it failed to properly apply the Mobile-Sierra presumption to the contract sales at issue.[2] It erred by requiring refunds for the “premium” amount above the price index that Macquarie and the willing buyers freely negotiated, absent any showing that the public interest was seriously harmed by the contract rate.[3]
Today’s order on rehearing adds nothing to change my opinion. My original dissent fully explains the Commission’s misapplication of the Mobile-Sierra presumption, and no further response being necessary here, I commend that dissent to the reader’s attention.[4]
For these reasons, I respectfully dissent.
[1] Macquarie Energy LLC, 181 FERC ¶ 61,047 (2022), at PP 13-17 (2022); see United Gas Pipe Line Co. v. Mobile Gas Serv. Corp., 350 U.S. 332 (1956); FPC v. Sierra Pac. Power Co., 350 U.S. 348 (1956).
[2] Macquarie Energy LLC, 179 FERC ¶ 61,126 (2022) (Danly, Comm’r, dissenting).
[3] Id.
[4] Id.