Commissioner James Danly Statement
March 24, 2022
Docket Nos. EL21-66-001, et al.
Order: E-1
I dissent from today’s order[1] because it continues to reject the New York Transmission Owners’ (NYTOs) Federal Power Act (FPA) section 205[2] tariff filing and denies their FPA section 206[3] complaint, which were filed to allow the NYTOs to provide initial funding for System Upgrades caused by generator interconnections and charge the interconnection customer to recover a return on and of this cost. I write separately to highlight that I have previously explained how the Commission exceeded its authority by impermissibly eliminating rights expressly reserved to the NYTOs in section 3.10(a) of the New York Independent System Operator, Inc.-Transmission Owner Agreement and by rejecting proposed changes to the funding mechanism that were consistent with those reserved rights.[4]
For these reasons, I respectfully dissent.
[1] See Cent. Hudson Gas & Elec. Corp. v. N.Y. Indep. Sys. Operator, Inc., 178 FERC ¶ 61,194 (2022).
[2] 16 U.S.C. § 824d.
[3] Id. § 824e.
[4] See Cent. Hudson Gas & Elec. Corp. v. N.Y. Indep. Sys. Operator, Inc., 176 FERC ¶ 61,149 (2021) (Danly, Comm’r, dissenting); N.Y. Indep. Sys. Operator, Inc., 176 FERC ¶ 61,143 (2021) (Danly, Comm’r, dissenting).