Commissioner Allison Clements' Statements
February 18, 2021
Docket Nos. ER21-720-000, ER21-721-000, ER21-722-000
Order: E-5, E-6, and E-7
I concur in today’s order accepting the Facilities Service Agreement MISO filed in this proceeding because it conforms to the pro forma version of that agreement in MISO’s tariff. However, I write separately to highlight my concern that MISO’s underlying rules on network upgrade funding may not be just and reasonable and may be unduly discriminatory or preferential. The Commission’s August 2018[1] and December 2019[2] orders adopting the current interconnection rules do not adequately address the justifiable concern that those rules create an opportunity for generation-owning transmission owners to unduly discriminate between assets in which they have an ownership interest and assets in which they do not have such an interest. Because I explained this concern more fully in my concurring statement in Midcontinent Independent System Operator, Inc.,[3] I will not repeat that explanation here, but I continue to believe MISO’s interconnection rules may well merit additional scrutiny in the near future.
For these reasons, I respectfully concur.