Commissioner James Danly Statement
March 24, 2022
Docket Nos. ER21-1115-003, et al.
Order: E-2
I concur in today’s order[1] because it continues to find that the open access transmission tariffs (OATTs) submitted in the captioned dockets are just and reasonable.[2] I write separately to reiterate that, because these OATTs took effect by operation of law, no further orders should have issued.[3]
For these reasons, I respectfully concur.
[1] See Duke Energy Progress, LLC, 178 FERC ¶ 61,195 (2022).
[2] Id. PP 2, 22. These four dockets include updates to individual utilities’ OATTs in order to effectuate the Southeast Energy Exchange Market and the provision of Non-Firm Energy Exchange Transmission Service.
[3] See Duke Energy Progress, LLC, 177 FERC ¶ 61,080 (2021) (Danly, Comm’r, concurring); Ala. Power Co., Statement of Commissioner James P. Danly, Docket Nos. ER21‑1111‑002, et al. (issued Oct. 20, 2021); see also 16 U.S.C. § 824d(g)(1)(A).