Item H-1: Commissioner James Danly Concurrence In Part and Dissent in Part Regarding Pacific Gas and Electric Company

Commissioner James Danly Statement
December 16, 2022
Project No. 1333-066

I concur with the finding that Tule Hydro LLC is qualified to be the licensee for the Tule River Hydroelectric Project.[1]  As in other recent license transfer orders,[2] I dissent in part because the majority violates the Federal Power Act by amending the license to reserve the Commission’s authority to impose financial assurance mechanisms in a transfer proceeding.[3]

For these reasons, I respectfully concur in part and dissent in part.