Commissioner James Danly Statement
September 24, 2021
Docket Nos. ER15-2013-011, et al.
Item E-16

I concur with the result and holding of this order.  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.[1]  I opposed unit-specific review of all offers because doing so will likely result in over-mitigation.[2]  In this order, the Commission notes its adoption of unit-specific offer review as a recent mitigation change in PJM.[3]  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 Indep. Mkt. Monitor for PJM v. PJM Interconnection, L.L.C., 176 FERC ¶ 61,137 (2021).

[2] See id. (Danly, Comm’r, dissenting).

[3] See Talen Energy Mktg., LLC, 176 FERC ¶ 61,199, at P 50 (2021).

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