Commissioner James Danly Statement
April 15, 2021
Docket No. ER21-395-000
In today’s order, the Commission once again permits a retroactive change to a filed tariff without acknowledging that it is doing so. Although styled a “waiver,” in fact the Commission does more than simply “excuse CAISO from assessing penalties against NV Energy, Inc. . . . for late meter data revisions.”[1] In fact, the Commission has allowed CAISO to retroactively change the method for calculating the penalties for late meter data revisions and change the method for distributing those penalties. As I have more fully explained in my dissents to previous orders, by doing so the Commission grants a retroactive tariff change that violates the filed rate doctrine and rule against retroactive ratemaking without providing any explanation as to why the Commission believes it is acting within its legal authority.[2]
For these reasons, I respectfully dissent.