Commissioner Allison Clements and Commissioner Mark C. Christie Joint Statement
March 11, 2022
Docket No. EL22-2-001
We concur because, as detailed in today’s order, NYISO’s tariff filing is consistent with Order No. 1000 and past Commission orders implementing Order No. 1000, including our NYISO order of just last year,[1] relative to the use of the federal ROFR contained in Order No. 1000.
In concurring, we emphasize the following. Both the New York State Public Service Commission (NYSPSC) and New York State Energy Research and Development Authority (NYSERDA), a state agency and a public benefit corporation, respectively, protest the filing because of its potential cost implications for consumers.[2] Their concerns about potential cost impacts on consumers are absolutely legitimate and we share those concerns. We note that the Commission’s order in this proceeding does not presume nor prejudge any potential changes flowing from the ANOPR process that may change cost-allocation or cost containment protections for consumers relative to the use of the federal ROFR or other aspects of transmission planning in RTOs/ISOs. We support the Commission examining how best to protect consumers in that context.
For these reasons, we respectfully concur.
[1] N.Y. Indep. Sys. Operator, Inc., 175 FERC ¶ 61,038 (2021).
[2] The NYSPSC and NYSERDA were joined in this protest by Multiple Intervenors, City of New York, Consumer Power Advocates, Natural Resources Defense Council, and the Sustainable FERC Project. Multiple Intervenors is an unincorporated association of approximately 55 large industrial, commercial, and institutional energy consumers with manufacturing and other facilities located throughout New York State.