Chairman Richard Glick Statement
February 18, 2021
Docket Nos. ER21-720-000, ER21-721-000, ER21-722-000
Orders:  E-5E-6, and E-7

I support today’s orders accepting the unexecuted Facilities Service Agreements (FSA) in the instant dockets, because they conform with MISO’s pro forma FSA and reflect the state of the law today.  However, I write separately to reiterate my concern that giving transmission owners the discretion to unilaterally choose whether to self-fund network upgrades constructed on behalf of affiliated and non-affiliated interconnection customers may be unjust and unreasonable and unduly discriminatory or preferential.[1]  The Commission failed to meaningfully wrestle with these concerns in its orders allowing transmission owners the unilateral right to choose up-front funding.[2]  

For these reasons, I respectfully concur.

 

[1] Midcontinent Indep. Sys. Operator, Inc., 169 FERC ¶ 61,233 (2019) (Glick, Comm’r, dissenting), order on reh’g, 172 FERC ¶ 61,248 (2020) (Glick, Comm’r, dissenting).

[2] Id.

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