Commissioner James Danly Statement
March 24, 2022
Docket No. ER18-1106-002

I concur with the result and holding of this order.[1]  I write separately to highlight that the Independent Market Monitor’s concerns in this case would properly be rejected even if the Commission had not recently ordered PJM to adopt a unit-specific review of all offers in the capacity market.[2]  I opposed unit-specific review of all offers because doing so likely will result in over-mitigation.[3]  In this order, the Commission notes its recent adoption of unit-specific offer review as a recent mitigation change in PJM.[4]  Unit-specific review is not required to adequately mitigate market power concerns, and today’s order in no way indicates otherwise.  

For these reasons, I respectfully concur.

 

[1] See Kestrel Acquisition, LLC, 178 FERC ¶ 61,214 (2022) (Kestrel).

[2] See Indep. Mkt. Monitor for PJM v. PJM Interconnection, L.L.C., 176 FERC ¶ 61,137 (2021), order on reh’g, 178 FERC ¶ 61,121 (2022).

[3] See Indep. Mkt. Monitor for PJM v. PJM Interconnection, L.L.C., 176 FERC ¶ 61,137 (Danly, Comm’r, dissenting), order on reh’g, 178 FERC ¶ 61,121 (Danly, Comm’r, dissenting).

[4] Kestrel, 178 FERC ¶ 61,214 at P 42.

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